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HomeMy WebLinkAbout2024/11/12 Post Agenda Packet Date:Tuesday, November 12, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING *REVISED 11/8/2024* 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 event, promote awareness of community issues, and recognize City employees. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 2 of 793 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Oath of Office Privacy Protection and Technology Advisory Commission - Richard Pulido 4.2 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore 15 4.3 Presentation of a Proclamation Honoring Danny Shaffstall as the 2024 Chula Vista Veteran of the Year 4.4 Presentation of a Proclamation Proclaiming November as National Homeless Awareness Month in the City of Chula Vista 4.5 Presentation of a Proclamation Proclaiming November 9 - 16, 2024 as World Kindness Week in the City of Chula Vista 38 5.CONSENT CALENDAR (Items 5.1 through 5.11) 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: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 39 RECOMMENDED ACTION: Approve the minutes dated: November 5, 2024 5.2 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Housing Policy: Adopt an Ordinance to Amend the Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) 45 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. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 3 of 793 RECOMMENDED ACTION: Adopt an ordinance amending Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to update the residential threshold of applicability from ten to twenty units. (Second Reading and Adoption) 5.4 Downtown Parking District Meter Rates: Adopt an Ordinance to Increase Parking Meter Rates in the Downtown Parking District and Amend Chula Vista Municipal Code Chapters 10.52 and 10.56 49 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: Adopt an ordinance 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 (Second Reading and Adoption) 5.5 Contract: Accept Bids and Award a Contract to 3-D Enterprises Inc. for Eucalyptus Park Project; Amend Infrastructure, Facilities & Equipment Expenditure Plan, ARPA Spending Plan, Fiscal Year 2024-25 CIP, and Appropriate Funds for the Project 108 Report Number: 24-0256 Location: 436 C Street Department: Engineering 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). City of Chula Vista - City Council November 12, 2024 Post Agenda Page 4 of 793 RECOMMENDED ACTION: Adopt a resolution (1) accepting the bids and awarding a public works contract to 3-D Enterprises Inc. for the “Eucalyptus Park (PRK0340)” project in the amount of $15,876,000, (2) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, (3) amending the American Rescue Plan Act Spending Plan, and (4) amending the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Measure P fund to PRK0340, and transferring $1,220,342 in American Rescue Plan Act funds from “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project to cover the projected costs of the construction phase of the project. (4/5 Vote Required) 5.6 Master Fee Schedule Update: Parks & Recreation Fees for Harborside Park, Loma Verde Pool, and Parkway Pool 123 Report Number: 24-0280 Location: Harborside Park, 670 Oxford Street; Parkway Pool, 385 Park Way; Loma Verde Pool, 1420 Loma Lane Department: Parks and Recreation 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15061(b)(3). Pursuant to Title 24, Part 58.35(a)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorical exclusion under the National Environmental Policy Act (NEPA). RECOMMENDED ACTION: Adopt a resolution amending Chapter 7-200 (Facility User Fees) of the City’s Master Fee Schedule updating Parks and Recreation fees. 5.7 Investment Report: Quarter Ending September 30, 2024 132 Report Number: 24-0271 Location: No specific geographic location 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 State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Receive the investment report for the quarter ending on September 30, 2024. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 5 of 793 5.8 Roof Maintenance and Replacement: Approve a First Amendment with Garland DBS, Inc. to Extend the Term of the Contract and Increase the Maximum Not-to- Exceed Amount to Address the Needs at City Hall, Public Works, Fire Stations, and Recreation Centers 166 Report Number: 24-0284 Location: No specific geographic location Department: Public Works G.C. § 84308: Yes Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities). RECOMMENDED ACTION: Adopt a resolution approving the first amendment to the agreement with Garland DBS, Inc., for roof replacement, repair, and maintenance services to extend the contract term and increase the maximum not-to-exceed contract amount from $2,000,000 to $6,000,000 over the term of the agreement. 5.9 Donation Acceptance: Accept a Donation of 35 Seek FirePRO Thermal Imaging Cameras and Accessories from Firehouse Subs Public Safety Foundation 212 Report Number: 24-0288 Location: No specific geographic location Department: Fire G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting a donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, from Firehouse Subs Public Safety Foundation. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 6 of 793 5.10 Grant Award and Appropriation: Accept Funds from the Department of Energy for the Energy Efficiency and Conservation Block Grant Program 217 Report Number: 24-0091 Location: Fire Station 5 at 341 Orange Ave. and Fire Station 3 at 100 Moss St. Department: Economic Development 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 15303 Class 3 (New Construction or Conversion of Small Structures). Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 10, Part 1021 of the Code of Federal Regulations and the Department of Energy Environmental Guidelines. RECOMMENDED ACTION: Adopt a resolution accepting $271,850 in grant funds from the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and appropriating funds therefor. (4/5 Vote Required) 5.11 Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Dog Bites in San Diego County 249 Report Number: 24-0289 Location: No specific geographic location Department: Animal Care 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 the 2023/2024 Grand Jury Report on Dog Bites in San Diego County and authorizing the response on behalf of the City. 6.PUBLIC COMMENTS 263 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.PUBLIC HEARINGS City of Chula Vista - City Council November 12, 2024 Post Agenda Page 7 of 793 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 275 Report Number: 24-0276 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 316 Report Number: 24-0277 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 8 of 793 7.3 Otay Ranch: Consider a Fourth Addendum to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Plan Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, a Zone Change, a Tentative Map, and a Development Agreement 356 Report Number: 24-0233 Location: 2015 Birch Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions are necessary, and none of the conditions described in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. Therefore, the Director of Development Services has called for the preparation of a Fourth Addendum to FEIR 02-04 for consideration. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 9 of 793 RECOMMENDED ACTION: Conduct the public hearing, discuss the matter, and determine whether to approve or deny the project. Actions Necessary to Approve the Project: Adopt a resolution (Resolution A) to:A. Certify the Fourth Addendum to FEIR 02-04; and1. Amend the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial SPA Plan (SPA22-0001), reducing the entitled commercial space from 960,000 square feet to 816,000 square feet (reduction of 144,000 square feet of commercial uses) and to reflect the change in zoning from commercial to mixed-use, allowing up to 840 multifamily dwellings on the subject property (ZC22-0001) in accordance with the required findings and subject to the conditions contained therein; and 2. Approve a Tentative Map (TM22-0002) incorporating the proposed changes to the Otay Ranch Town Center in accordance with the required findings and subject to the conditions contained therein; and 3. Place an ordinance (Ordinance B) on first reading concerning modifications to the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (First Reading); and B. Place an ordinance (Ordinance C) on first reading concerning a change in zoning from commercial to mixed-use residential (First Reading); and C. Place an ordinance (Ordinance D) on first reading concerning a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation and a Public Benefit Contribution (First Reading). D. OR Action Necessary to Deny the Project: Adopt a resolution (Resolution E) to deny a Fourth Addendum (IS22- 0002) to the Final Second Tier Environmental Impact Report (FEIR 02- 04), Amendments to the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Plan Development Plan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area Plan (SPA22- 0001), including Associated Regulatory Documents, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement. A. 8.ACTION ITEMS City of Chula Vista - City Council November 12, 2024 Post Agenda Page 10 of 793 8.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. 8.2 State of Local Emergency: Consider Declaring a State of Local Emergency Related to the Impacts of Cross-Border Contamination 520 G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution declaring a state of local emergency related to the impacts of cross-border contamination. 8.3 University Now Initiative: Receive White Paper Developed by Southwestern Community College District and the University Now Initiative Committee Through an Agreement with the City of Chula Vista 533 Report Number: 24-0300 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Receive University Now Initiative White Paper developed by Southwestern Community College District and the University Now Initiative Committee through an agreement with the City of Chula Vista. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 11 of 793 8.4 Park Master Plan: Approve the Park Master Plan for a 1.41 Acre Park (P-1), Including the Name "Eden Rose Plaza," Located in Otay Ranch Village Two 613 Report Number: 24-0260 Location: Northeast Corner of Santa Victoria Road and Santa Carolina Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously certified Final Supplemental Environmental Impact Report (“FSEIR”) for the Otay Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment (FSEIR 12-01; SCH #2003091012; and incorporated by reference in City Council Resolution No. 2014-207, dated November 4, 2014). RECOMMENDED ACTION: Adopt a resolution approving the Park Master Plan, including the name "Eden Rose Plaza," for the P-1 Park located in the Village of Montecito Core Area of Otay Ranch Village Two. 8.5 Council Policies: Approve Revising and Rescinding Various City Council Policies 655 Report Number: 24-0267 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) Revising Council Policies: 220-05 City Debt Policy; 220-07 City Disclosure Policy; 662-13 Fraud Prevention in the Workplace; and B) Rescinding Council Policies: 662-03 Disabled Employment; 662-05 Sexual Harassment Policy; 662-07 Substance Abuse Policy; 662-08 Disability Retirement – Safety Employees. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 12 of 793 8.6 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending June 30, 2024 (Fourth Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments 764 Report Number: 24-0263 Location: No specific geographic location 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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the quarterly financial report for the quarter ended June 30, 2024 (the “Fourth Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2023-24 budget and the fiscal year 2023-24 Capital Improvement Program budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 10.1 Presentation by FEMA Operations Section Chief/Chula Vista Fire Chief Muns of the FEMA National Response 11.MAYOR’S REPORTS 12.COUNCILMEMBERS’ REPORTS 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) City of Chula Vista - City Council November 12, 2024 Post Agenda Page 13 of 793 *15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: American Civil Liberties Union of Southern California v. Chula Vista Police Department, San Diego Superior Court, Case No. 37-2024-20320- CU-WM-CTL B) Name of case: Eric Crockett v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2024-12828-CU-OE-CTL C) City of Chula Vista v Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C 15.2 Conference with Legal Counsel -- Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) [or] (3) Claim/Demand re: sidewalk hazards. *15.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 City designated representatives: Councilmember Jose Preciado, Mayor John McCann, Marco Verdugo, and Courtney Chase Employee organization/Unrepresented Employee: City Clerk 16.ADJOURNMENT to the regular City Council meeting on December 3, 2024, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council November 12, 2024 Post Agenda Page 14 of 793 Port of San Diego Update forChula Vista City Council Commissioner Ann Moore November 12, 2024 Page 15 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 Bringing the Community’s Vision to Life Transformation in Progress –Phase 1 Page 16 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 Gaylord Pacific –Grand Opening 2025!•3580 Construction jobs •4,000 Permanent jobs •Catalyst for investment Page 17 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4Page 18 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 •3,580 construction jobs –RIDA Chula Vista, LLC •1,000-1,200 workers on-site daily •Local employment in partnership with labor •Majority of workers are Chula Vista residents •4,000 permanent jobs –Gaylord Pacific •Upcoming job openings •Local employment in partnership with labor •Public job fairs in 2025 Job Creation Page 19 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6 Gaylord Pacific Job Recruitment Culinary Hiring Event •February 2025 •Culinary and Kitchen Staffing Grand Hiring Event •Mid-March 2025 •Hourly Jobs Throughout Resort Gaylord Employment Office •Opening in February Page 20 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7 Bayfront Promotional Kiosk •Kiosk to be constructed by RIDA Chula Vista LLC •Promotional materials from local businesses •Prominent location on the bayfront walkway next to Gaylord Pacific •Opportunity to direct customers to shop, dine and play Page 21 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 8 Port of San Diego Email Marketing •Port maintains Chula Vista stakeholder list •Periodic opportunities to feature local bayfront businesses •R&R Surf and Chula Vista Water Sports to be featured in an upcoming email from the Port Page 22 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 9 Port of San Diego Email Marketing Page 23 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 10 Chula Vista Chamber of Commerce2024 Small Business Expo Page 24 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11 How to Do Business with the Port2024 Workshop Series Workshop Series Workshop #1 –Business Opportunity Portal Basics: 10/16/24 (90+ people attended!) Workshop #2 –How to Complete a Bid and RFP (Request for Proposal): 11/18/2024 Workshop #3 –Meet the Project Managers: 12/18/2024 Page 25 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 12 South Bay Business Roundtable Page 26 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13 Small Business Enterprise (SBE) Program •Introduction and Program Goals •Policy Revisions and Initiatives •Collaboration with Local Agencies •Support to SBE's Page 27 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 14 Small Business Inclusion Summit January 2025 Intended Attendees: •Procurement & DEI Officials of Member Cities, Educational Institutions, and Special Districts •SBE Community Organizations •Chambers of Commerce •Elected Officials of County and Member Cities Page 28 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 15 Transformation in Progress –Phase 2 Bringing the Community’s Vision to Life Page 29 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 16 Bringing the Community’s Vision to Life Transformation in Progress –Phase 3 Page 30 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 17 Chula Vista Bayfront Redevelopment Phases 2 & 3 Step 1 –Highest & Best Use •Market demand and feasibility studies •Mobility and traffic planning Step 2 -Urban Design •How can we create a sense of place? •Ensure success of future RFPs •Initiate public & stakeholder outreach Step 3 -Implementation •Issue RFPs •Conduct environmental review as needed •Obtain entitlements •Complete Real Estate negotiations Page 31 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 18 FERRY LANDING RESTAURANT -CORONADO •New 7,500 SF restaurant •Adjacent to Il Fornaio restaurant at Ferry Landing Marketplace •Local restaurant operator Social Syndicate Page 32 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 19 TOPGOLF –EAST HARBOR ISLAND Page 33 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 20 SUNROAD HOTEL –HARBOR ISLAND Page 34 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 21 SEAPORT SAN DIEGO Page 35 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 22Page 36 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 37 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 38 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: November 5, 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 Councilmember Chavez. 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 The proclamation was presented. 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 The proclamation was presented. 5. CONSENT CALENDAR (Items 5.1 through 5.8) Alan C. spoke regarding previous City Council actions. John Acosta, Chula Vista resident, spoke regarding items on the consent calendar. Moved by Councilmember Preciado Seconded by Councilmember Chavez Page 39 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2024-11 -05 City Council Regular Meeting Minutes Page 2 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: 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: October 1, 8, and 15, 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 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 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. Item 5.3 heading: RESOLUTION NO. 2024-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH WEST COAST ARBORISTS, INC. TO PROVIDE TREE MAINTENANCE SERVICES 5.4 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 Page 40 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2024-11 -05 City Council Regular Meeting Minutes Page 3 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 Ratification of the above seat assignments. 5.5 Housing Policy: Amend Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) 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) Item 5.5 heading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19 (PLANNING AND ZONING) CHAPTER 19.91 (INCLUSIONARY HOUSING) (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 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) Item 5.6 heading: RESOLUTION NO. 2024-204 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 (4/5 Vote Required) 5.7 Agreement: Approve a Legal Services Agreement with Gatzke, Dillon & Balance, LLP to Provide On-Call Legal Services for the Development Services Department 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. Item 5.7 heading: RESOLUTION NO. 2024-205 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 5.8 Agreement: Approve a First Amendment to the Consultant Services Agreement with Bureau Veritas North America, Inc. to Provide Building Plan Page 41 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2024-11 -05 City Council Regular Meeting Minutes Page 4 Check and Building and Fire Inspection Services for the Gaylord Pacific Resort and Convention Center 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. Item 5.8 heading: RESOLUTION NO. 2024-206 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 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection Ordinance. The following members of the public spoke regarding various topics:  Alan C.  John Acosta, Chula Vista resident Jenne Frederickson, a Chula Vista resident, thanked Councilmember Morineau for the recent town hall meeting, and she spoke regarding the City budget. Voter submitted written comments expressing opposition to holding a meeting on Election Day. T.E. Caballero submitted written comments regarding traffic on the 200 block of E Street. 7. ACTION ITEMS 7.1 Consider Items Removed From the Consent Calendar, if Any There were none. 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 Assistant Director of Finance Del Rio and Revenue Manager Vasquez gave a presentation. The following members of the public spoke in opposition to the item.  Alan C.  Daisy Romero  John Acosta  Jenne Frederickson T.E. Caballero submitted written comments expressing a neutral position on the item. Page 42 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2024-11 -05 City Council Regular Meeting Minutes Page 5 Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-207 and place the ordinance on first reading, the heading was read, text waived. The motion carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.2 headings: 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 (First Reading) RESOLUTION NO. 2024-207 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 8. PUBLIC COMMENTS (CONTINUED) There were none. 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. At the request of Mayor McCann, there was a consensus of the City Council to consider declaring a state of local emergency relating to the impacts of cross-border contamination at the November 12, 2024 City Council meeting. 11. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. Councilmember Chavez spoke regarding her attendance at the recent SANDAG board meeting. At the request of Councilmember Preciado, there was a consensus of the City Council to make a referral to the City Manager's office related to the parking district to consider specialty programs, including wayfinding and specialty parking spaces like quick pickups and provide a report on these considerations within 60-days. Page 43 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2024-11 -05 City Council Regular Meeting Minutes Page 6 12. CITY CLERK'S REPORTS City Clerk Bigelow provided a reminder regarding the election, noting that City Hall is available as a voting location for those wishing to cast their ballots in person. 13. CITY ATTORNEY'S REPORTS There were none. 14. ADJOURNMENT The meeting was adjourned at 6:45 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 44 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 03 P a g e | 1 November 12, 2024 ITEM TITLE Housing Policy: Adopt an Ordinance to Amend Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) 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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance amending Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to update the residential threshold of applicability from ten to twenty units. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 5, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=46767 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 45 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECOND READING AND ADOPTION 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. Page 46 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECOND READING AND ADOPTION 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 47 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECOND READING AND ADOPTION 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 48 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 03 P a g e | 1 November 12, 2024 ITEM TITLE Downtown Parking District Meter Rates: Adopt an Ordinance to Increase Parking Meter Rates in the Downtown Parking District and Amend Chula Vista Municipal Code Chapters 10.52 and 10.56 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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance 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. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 5, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=46780 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 49 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\18383531156\18383531156,,,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.] Page 50 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 51 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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, Page 52 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 53 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 54 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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. Page 55 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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: Page 56 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 57 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 58 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 5 of 13 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)). Page 59 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 6 of 13 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). Page 60 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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)). Page 61 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 8 of 13 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)). Page 62 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 9 of 13 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)). Page 63 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 10 of 13 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; Page 64 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 11 of 13 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 Page 65 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 12 of 13 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)). Page 66 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 13 of 13 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. Page 67 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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. Page 68 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 2 of 20 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)). Page 69 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 3 of 20 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 Page 70 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 4 of 20 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; Page 71 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 5 of 20 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 Page 72 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 6 of 20 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). Page 73 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 7 of 20 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)). Page 74 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 8 of 20 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 Page 75 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 9 of 20 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 Page 76 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 10 of 20 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). Page 77 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 11 of 20 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)). Page 78 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 12 of 20 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)). Page 79 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 13 of 20 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). Page 80 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 14 of 20 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 Page 81 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Chapter 10.52 CVMC, Stopping, Standing and Parking Page 15 of 20 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 82 of 793 City of Chula Vista - City Council November 12, 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 83 of 793 City of Chula Vista - City Council November 12, 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 84 of 793 City of Chula Vista - City Council November 12, 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 85 of 793 City of Chula Vista - City Council November 12, 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 86 of 793 City of Chula Vista - City Council November 12, 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 87 of 793 City of Chula Vista - City Council November 12, 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 88 of 793 City of Chula Vista - City Council November 12, 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 89 of 793 City of Chula Vista - City Council November 12, 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 90 of 793 City of Chula Vista - City Council November 12, 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 91 of 793 City of Chula Vista - City Council November 12, 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 92 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – Item 7.2 Curry – Received 11/4/24 Page 93 of 793 City of Chula Vista - City Council November 12, 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 94 of 793 City of Chula Vista - City Council November 12, 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 95 of 793 City of Chula Vista - City Council November 12, 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 96 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – Item 7.2 Curry – Received 11/4/24 https://vote.gov/ Page 97 of 793 City of Chula Vista - City Council November 12, 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 98 of 793 City of Chula Vista - City Council November 12, 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 99 of 793 City of Chula Vista - City Council November 12, 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 100 of 793 City of Chula Vista - City Council November 12, 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) Page 101 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 102 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – Item 7.2 Dambrosia – Received 11/5/24 Page 103 of 793 City of Chula Vista - City Council November 12, 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 Page 104 of 793 City of Chula Vista - City Council November 12, 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) Page 105 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 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 Page 106 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – Item 7.2 Dambrosia – Received 11/5/24 https://vote.gov/ Page 107 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Contract: Accept Bids and Award a Contract to 3-D Enterprises Inc. for Eucalyptus Park Project; Amend Infrastructure, Facilities & Equipment Expenditure Plan, ARPA Spending Plan, FY 2024-25 CIP, and Appropriate Funds for the Project Report Number: 24-0256 Location: 436 C Street Department: Engineering 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution (1) accepting the bids and awarding a public works contract to 3-D Enterprises Inc. for the “Eucalyptus Park (PRK0340)” project in the amount of $15,876,000, (2) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, (3) amending the American Rescue Plan Act Spending Plan, and (4) amending the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Measure P fund to PRK0340, and transferring $1,220,342 in American Rescue Plan Act funds from “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project to cover the projected costs of the construction phase of the project. (4/5 Vote Required) SUMMARY On October 2, 2024, the Director of Engineering and Capital Projects received two (2) sealed bids for the “Eucalyptus Park (PRK0340)” project. After review of the bids, staff recommends awarding a public works contract to the lowest responsive and responsible bidder, 3-D Enterprises Inc. Adoption of the resolution would: 1) accept bids and award the public works contract for the construction phase of the project to 3-D Enterprises Inc. in the amount of $15,876,000; 2) amend the Infrastructure, Facilities, and Equipment Expenditure Plan; 3) amend the American Rescue Plan Act Spending Plan; 4) amend the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Page 108 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 Measure P Fund to the “Eucalyptus Park (PRK0340)” project and transferring $1,220,342 in American Rescue Plan Act funds from “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project. 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION City staff will prepare an updated Infrastructure, Facilities, and Equipment Expenditures Plan for presentation at the next Measure P Citizens Oversight Committee (COC) meeting scheduled for January 23, 2025. DISCUSSION Background Eucalyptus Park is an existing 19.69-acre community park which serves the northwestern area of Chula Vista with aged facilities in need of renovation. Through a call for projects by Statewide Parks Program Round 4, the City of Chula Vista (“City”) applied for and was successful in its application to receive state funding for the design and construction of the Eucalyptus Park renovation project (“Project”). On February 2, 2022, the City entered into a Grant Contract SW-37-015 that included the Eucalyptus Park improvements and the adjacent Casa Casillas renovations. On August 26, 2022, the City issued a Request for Proposals from qualified design teams to develop a park master plan and to outline deliverables for the ultimate scope of work required for the Project. On October 25, 2022, the City entered into an Agreement with the selected consultant team to provide design, pre- construction, and construction administration services for the Project. During the master plan and design development phase of work, it was determined that in order to fully complete the existing park amenity improvements required, additional funds were needed. Council has since approved the appropriation of American Rescue Act Plan (“ARPA”) funds within the project to augment previously appropriated grant funds. Scope The Eucalyptus Park (PRK0340) improvements funded by the State Grant include a multipurpose field with lighting, interactive water feature, skate/scooter plaza, bike skills plaza and jump area, walking path with fitness equipment, pickleball courts with lighting, and renovations to existing playground, parking and dog park areas. The ARPA-funded improvements include upgrades to existing lighting, tennis and basketball Page 109 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 courts, softball field, shade structures, restroom and storage buildings, trash enclosure and perimeter fencing. Bidding Process On September 13, 2024, Engineering and Capital Projects Staff advertised the project. Two (2) sealed bids were received on October 2, 2024. The submitted base bid totals from the prime contractors were as follows: Ranking Contractor Submitted Base Bid Amount 1 3-D Enterprises Inc. $15,876,000 2 Dick Miller Inc. $16,410,827 The low bid of $15,876,000, which is approximately 18% above the Engineer’s estimate, was submitted by 3-D Enterprises Inc. 3-D Enterprises Inc. is currently an active licensed contractor (License No. 621125). After completing bid analysis, staff determined that the increase in bid costs are largely attributable to the following:  Industry-wide construction cost increases  Specialty scope items  Expedited schedule Due to the low number of bids received, staff contacted the seventeen (17) other prospective bidders identified through PlanetBids, the electronic bidding platform used by the City, to solicit feedback on their decision not to submit a bid. Several prospective bidders responded and primarily noted the following:  Prior engagements on other projects  Insufficient staff for the additional effort required to determine pricing for the lump sum bid items included in the bid schedule  Issues with obtaining subconsultant bid proposals  Personal difficulties submitting the bid documents on PlanetBids in the time allotted The feedback received involved outside factors that cannot be controlled; therefore, it appears that the bid documents for the project were adequate, and the bids received represented a fair response to the project advertisement. Staff received a protest of the low bid from the second low bidder. The protests notes that 3-D Enterprises Inc. did not submit information related to their Lithocrete installer, which is a specialty material that requires a certified installer. However, 3-D Enterprises subsequently confirmed that its subcontractor has retained a certified Lithocrete installer. The bid is therefore valid, 3-D Enterprises is qualified to perform the work, and any failure to include the information in the bid is inconsequential. Staff has informed Dick Miller Inc. of these reasons for denying the protest. Staff recommends accepting bids, finding that all deviations in the low bid are immaterial and may be waived, and awarding the public works contract for the “Eucalyptus Park (PRK0340)” project to the lowest responsive and responsible bidder, 3-D Enterprises Inc. Furthermore, staff recommends amending the Measure P Infrastructure, Facilities, and Equipment Plan, as well as the fiscal year 2024-25 Capital Page 110 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 Improvement Program budget to allocate and appropriate an additional $4,769,137 to cover the projected construction costs as shown in more detail below. Disclosure Statement Attachment 1 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required t o pay prevailing wage to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of the Department of Industrial Relations, State of California. ARPA Funding On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”), established by the American Rescue Plan Act (“ARPA”), to provide $350 billion in emergency funding for eligible state, local, territorial, and Trib al governments. The SLFRF program provides substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest -hit by the crisis. The City received a total of $57.5 million in ARPA funds, which were appropriated by the City Council with an initial expenditure plan presented on August 24, 2021. On December 12, 2023, the City Council approved a total of $7,810,283 in previously appropriated ARPA funds towards the Eucalyptus Park renovation. This action proposes to reallocate $1,220,342 in previously appropriated ARPA funds towards the Eucalyptus Park renovation by amending the ARPA Spending Plan to reallocate funds from the Loma Verde CIP Project (GGV0247) to Eucalyptus Park Improvement CIP Project (PRK0340) within the Revenue Replacement Expenditure Category, as detailed in Table 1 below. Because both projects are included in the Revenue Replacement Expenditure Category, this reallocation has no net impact to the Spending Plan summary. Page 111 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 5 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Mayor and City Council and has found that, Mayor McCann has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any Mayor or 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 amends the Infrastructure, Facilities, and Equipment Expenditure Plan, amends the American Rescue Plan Act Spending Plan, and amends the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Measure P fund and transferring $1,220,342 in ARPA funds from CIP GGV0247 to cover the projected costs of the construction phase for PRK0340. There is no current-year fiscal impact to the General Fund as a result of this action. City of Chula Vista - ARPA Spending Plan FY 2022 FY 2023 FY 2024 FY 2024 Total Budget with Proposed Adjustments Category Final Budget Final Budget Revised Budget Proposed Adjustments EC 1 - Public Health $ 9,867,625 $ 9,867,625 $ (18,751,868) $ - $ 983,382 HVAC (Project GGV0261) 9,000,000 8,900,000 (17,900,000) - - COVID Testing/Vaccinations 667,625 367,625 (851,868) - 183,382 SBCS Domestic Violence 200,000 200,000 - - 400,000 Casa Nueva Vida DV Shelter - 400,000 - - 400,000 EC 2 - Negative Economic Impacts $ 300,000 $ 3,822,558 $ (3,522,558) $ - $ 600,000 Jacobs and Cushman San Diego Food Bank 100,000 100,000 - - 200,000 Alpha Project - Take Back the Streets 100,000 100,000 - - 200,000 Homeless Supportive Services 100,000 100,000 - - 200,000 Eucalyptus Park - 3,522,558 (3,522,558) - - EC 2 - Economic Development $ 2,900,000 $ - $ (51,951) $ - $ 2,848,049 Small Business Grants 2,600,000 - - - 2,600,000 Choose Chula 100,000 - - - 100,000 Curb/Sidewalk Café Grant 200,000 - (51,951) - 148,049 EC 4 - Premium Pay to Essential Workers $ 916,000 $ 1,541,000 $ - $ - $ 2,457,000 EC 5 – Infrastructure $ 900,000 $ - $ (900,000) $ - $ - EC 6 - Revenue Replacement $ 11,592,750 $ 15,827,692 $ 23,226,377 $ - $ 50,646,819 Governmental Funds 11,592,750 15,827,692 23,226,377 - 50,646,819 EC 7 - Administrative Expenses $ - $ - $ - $ - $ - TOTAL $ 26,476,375 $ 31,058,875 $ - $ - $ 57,535,250 Page 112 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 6 A summary of expected project costs for PRK0340 is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $15,876,000 B. Contract Contingency (Approx. 6%) $1,000,000 C. Construction Support (Approx. 4%) $700,000 D. Project Closeout (Approx. 0.6%) $100,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $17,676,000 FUNDS AVAILABLE FOR CONSTRUCTION A. American Rescue Plan Act (Acct #: PRK0340-268) $7,277,547 B. California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Acct#: PRK0340-273490) $5,629,316 C. New Appropriation of Measure P Funds (Acct#: PRK0340-220) $3,548,795 D. Transfer of ARPA Funds from GGV0247 (Acct#: PRK0340-268) $1,220,342 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $17,676,000 ONGOING FISCAL IMPACT The proposed award and appropriation will have no ongoing fiscal impact related to the CIP. All costs associated with the completion of PRK0340 will be covered within the project’s budget, with no additional funding required. Upon completion of the project, the improvements will require routine park maintenance which will be addressed through the normal budget process. ATTACHMENTS 1. Disclosure Statement 2. Project Title Sheet 3. 3-D Enterprises Inc. Bid Schedule Staff Contact: Rosina Flores, Principal Civil Engineer Patricia Ferman, Principal Landscape Architect Laura Handschumacher, Landscape Architect Gregory Tscherch, Senior Civil Engineer Tim Jones, Associate Civil Engineer Matthew Little, PE, Deputy City Manager /Director of Engineering & Capital Projects Page 113 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE “EUCALYPTUS PARK (PRK0340)” PROJECT TO 3-D ENTERPRISES INC., (2) AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN, (3) AMENDING THE AMERICAN RESCUE PLAN ACT (ARPA) SPENDING PLAN, AND (4) AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET BY APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE MEASURE P FUND AND TRANSFERRING ARPA FUNDS FROM “LOMA VERDE RECREATION” PROJECT (GGV0247) TO CIP PRK0340. WHEREAS, on September 13, 2024, the Department of Engineering and Capital Projects solicited bids for the “Eucalyptus Park (PRK0340)” project (“Project”) in accordance with Chula Vista Municipal Code section 2.56.160(A); and WHEREAS, on October 2, 2024, the Director of Engineering and Capital Projects received two (2) sealed bids for the Project; and WHEREAS, the low bid for the Project was submitted by 3-D Enterprises Inc. in the amount of $15,876,000, which is higher than the Engineer’s estimate of $13,500,000 by approximately 18%; and WHEREAS, staff determined the increase in bid costs are largely attributable to industry- wide construction cost increases, specialty scope items, and expedited schedule; and WHEREAS, staff has determined that the bid submitted by 3-D Enterprises Inc. is responsive to the bid specifications and requirements, and that 3-D Enterprises Inc. is the lowest responsive and responsible bidder; and WHEREAS, staff has determined that the protest submitted by Dick Miller Inc. does not present a basis to reject 3-D Enterprises Inc.’s bid because any deviations were inconsequential and 3-D Enterprises Inc., through itself and its subcontractors, has all qualifications necessary to complete the Project; WHEREAS, staff recommends awarding the public works contract for the Project to 3-D Enterprises Inc. in the amount of $15,876,000; and WHEREAS, due to increased bid prices, CIP PRK0340 requires supplemental funding; and Page 114 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 2 WHEREAS, staff recommends appropriating $3,548,795 from the Measure P Fund to CIP PRK0340; and WHEREAS, City staff will prepare an updated Infrastructure, Facilities, and Equipment Expenditures Plan for presentation at the next Measure P Citizens Oversite Committee (COC) meeting. WHEREAS, on May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021 (“ARPA”), to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments; and WHEREAS, ARPA was intended to provide support to local governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, the City of Chula Vista received $57,535,250 in two tranches with $28,767,625 provided in May 2021 and the remaining $28,767,625 received twelve months later; and WHEREAS, staff recommends the reallocation of $1,220,342 in previously appropriated ARPA funds towards the Eucalyptus Park renovation and amending the American Rescue Act Spending Plan accordingly, by reallocating $1,220,342 from the Loma Verde CIP Pro ject to the Eucalyptus Park Improvement Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Finds that 3-D Enterprises is a responsible bidder and that, to the extent its low bid deviates from any requirements, such deviations are immaterial and inconsequential and are hereby waived. 2. Accepts bids for the “Eucalyptus Park (PRK0340)” project and awards the public works contract for the “Eucalyptus Park (PRK0340)” project to 3-D Enterprises Inc. in the amount of $15,876,000 3. Amends the Infrastructure, Facilities, and Equipment Expenditure Plan by allocating $3,548,795 from available Measure P funds for the completion of PRK0340 4. Amends the American Rescue Plan Act Spending Plan by transferring $1,220,342 in ARPA funds from CIP GGV0247 to CIP PRK0340. 5. Amends the fiscal year 2024-25 CIP Program budget by appropriating a total of $4,769,137 in Measure P and ARPA funds to CIP PRK0340. Page 115 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 3 Presented by Approved as to form by Matthew Little, P.E. Marco A. Verdugo Deputy City Manager/Director of Engineering City Attorney & Capital Projects Page 116 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City of Chula Vista (the "City"), a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City election must be filed. The following information must be disclosed: List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 3-D Enterprises, Incorporated Doris Elghanayan, President Shahrokh Elihu, Vice President 2. If any person* identified pursuant to item one (1) above is a corporation or partnership, list the names of all individuals with a two thousand dollars ($2,000) investment in the business corporation/partnership) entity. Doris Elghanavan Shahrokh Elihu 3. If any person* identified pursuant to item one (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter, S. Elihu Danilo'Danny' Silvestre 5. Has any person* associated with this contract had any financial dealings with an official** of the City as it relates to this contract within the past twelve (12) months? Yes_ No x 22 Q:I_Pwjecisd'RX0340- Bvcaptypaa Park RvwYaUons102•Adverlise'LP1"tBids Do nwPRR0340- Prewriling Rage BidPackage.,o,a Rev.112023 Page 117 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda f Yes, briefly describe the nature of the financial interest the official" may have in this contract. n/a 6. Have you made a contribution of more than two hundred fifty dollars ($250) within the past twelve 12) months to a current member of the Chula Vista City Council? No x Yes _ If yes, which Council member? 7. Have you provided more than three hundred forty dollars ($340), or an item of equivalent value, to an official" of the City in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No x If Yes, which official" and what was the nature of item provided? 10/02/2024 3-D Enterprises, Incorporated Name of Company, Firm or Entity Shahrokh Elihu Print or type name of Contractor/Applicant Title Vice President Person is defined as: any individual, firm, co -partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 23 Q:I PmjeaAPRY0340-Encap1yptas Park Remvatioms02-Adverrim!PlmetBids DommanutPRK0340-Prevailing Wage BidPackage.ducx Rev.3 3,2023 Page 118 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda OC 'A' POTABLE) POC ID POC STA. IRRIGATED AREA DEMAND ANNUAL USAGE LAT. SIZE METER SIZE POC 'B' POTABLE) N/A 120,513 SF 45 GPM 7.78 AC. FEET 1-1/2" N/A 52,914 SF 41 GPM 1.70 AC. FEET 09/12/2024 L I CENS E D L A N D S C APE A R C H I T E C T S T A T E OF C A L I F O R N IA CHRIS TO P H E R L . LANGD O N 4 9 1 5 Renewal Date Date Signature 02/28/2025 3916 Normal Street San Diego, CA 92103 619.294.4477 www.ktua.com TITLE SHEET TS-1.2 PAC I F I C BEACH IMPERIAL LA MESA BEACH PACIFIC IN L A N D F W Y I-5 F W Y SAN DIEGO BAY FIELD LINDBERGH SDIA FWY 9 4 FW Y 1 5 F W Y 8 0 5 FW Y 1 6 3 FWY - 8 VALL E Y MISSION BAY MISSION P O I N T L O M A NATIONAL CITY CHULA VISTA DIEGOSAN CORONADO I 5 F W Y OC E A N SAN DIEGO BAYPROJECT LOCATION VICINITY MAP NORTH LANDSCAPE WATER CONSERVATION STATEMENT IAM FAMILIAR AND AGREE TO COMPLY WITH THE REQUIREMENTS FOR LANDSCAPE IMPROVEMENT PLANS AS DESCRIBED IN CHAPTER 20.12 OF THE CITY OF CHULA VISTA MUNICIPAL CODE. IHAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS. ICERTIFY THAT THE PLANS IMPLEMENT THE REGULATIONS TO PROVIDE EFFICIENT LANDSCAPE WATER USE. NAME: CHRIS LANGDON NAME OF FIRM:KTUA ADDRESS:3916 NORMAL STREET, SAN DIEGO CA 92103 SIGNATURE:_________________ DATE: 09/12/2024 REGISTRATION NO:4915 EXPIRATION DATE:2/28/2025 LOCATION MAP NORTH DECLARATION OF RESPONSIBLE CHARGE IHEREBY DECLARE THAT IAM THE ARCHITECT OF WORK FOR THIS PROJECT, THAT IHAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THIS DESIGN ISCONSISTENT WITH CURRENT STANDARDS. IUNDERSTAND THAT THE CHECKING OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF CHULA VISTA IS CONFINED TO AREVIEW ONLY AND DOES NOT RELIEVE ME, AS ARCHITECT OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. NAME: CHRISLANGDON CAREGISTRATION NO.: 4915 LICENSE EXP. DATE: 2/28/2025 COMPANY NAME: KTUA SCALE: 1"=500' IF PRINTED AT 24"X36" SHEET SIZE) 10005002500 PROJECT LOCATION 436 C Street, Chula Vista, CA 91910 PROJECT DESCRIPTION THE EUCALYPTUS PARK RENOVATIONS PROJECT IS A GRANT & ARPA FUNDED PROJECT THAT IMPROVES EXISTING PARK IMPROVEMENTS AND ADDS ADDITIONAL AMENITIES AND FEATURES TO THE PARK. NEW PARK IMPROVEMENTS WILL INCLUDE CONSTRUCTION OF A BIKE AND SKATE PARK, FOUR PICKLEBALL COURTS, PERIMETER WALKING PATH AND FITNESS EQUIPMENT AREAS, SOFTBALL FIELD, ADDITIONAL PARKING, A SPLASH PAD AND ASSOCIATED CONTROL BUILDING, NEW PLAYGROUND, A MULTI-PURPOSE FIELD, SHADE SHELTERS AND ASSOCIATED PICNIC AREAS, ACCESSIBLE PEDESTRIAN RAMP SYSTEM CONNECTING TO MENZEL FIELD, AN ACCESSIBLE PEDESTRIAN PATH CONNECTION TO CASA CASILLAS, TRASH ENCLOSURE, UPDATED PARK CIRCULATION PATH SYSTEM, AND STORMWATER, PLANTING AND IRRIGATION IMPROVEMENTS THROUGHOUT THE PARK. EXISTING PARK FEATURES WILL BE IMPROVED INCLUDING THE RENOVATION OF THE EXISTING RESTROOM BUILDING AND AN EXISTING STORAGE BUILDING, RE-SURFACING OF TENNIS AND BASKETBALL COURTS, RE-SURFACING OF THE EXISTING PARKING LOT, THE PERIMETER FENCING SURROUNDING THE EXISTING CONCRETE CHANNEL ALONG C STREET AND 4TH AVENUE, THE DOG PARK SURFACING AND AMENITIES, SWALE DRAINAGE THROUGH THE EXISTING DOG PARK AREA, DRINKING FOUNTAINS, AND LIGHTING SYSTEM. OTHER IMPROVEMENTS RELATED TO AND NECESSARY TO IMPLEMENT THE FEATURES DESCRIBED ABOVE WILL ALSO BE CONSTRUCTED INCLUDING DEMOLITION AND GRADING IMPROVEMENTS, STORMWATER BASINS AND SWALE SYSTEMS, LIGHTING INFRASTRUCTURE IMPROVEMENTS, ELECTRICAL/SEWER/WATER UTILITY INFRASTRUCTURE CHANGES REQUIRED TO SERVICE THE SPLASH PAD, AND LANDSCAPE AND IRRIGATION REPAIR AND ADJUSTMENTS. WORK TO BE DONE WORK TO BE DONE SHALL BE ACCORDING TO THESE DRAWINGS AND SPECIFICATIONS. THE WORK SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: 1.DEVELOPMENT OF APPROXIMATELY 11.61 ACRE PROJECT AREA. 2.DEMOLITION OF SITE ELEMENTS INCLUDING SHADE SHELTERS, CONCRETE PAVING, COURT SURFACING, PLAYGROUND & PLAY SURFACING, PATHWAYS, FENCING, IRRIGATION, AND OTHER MISCELLANEOUS ELEMENTS. CLEARING AND GRUBBING OF EXISTING VEGETATION WHERE INDICATED ON PLANS. 3.ROUGH AND FINE GRADING OVER APPROXIMATELY 6.64 AC AREA RESULTING IN THE FOLLOWING EARTHWORK QUANTITIES: A.RAW CUT: 6050 CY B.RAW FILL:3550 CY C.EXPORT:2500 CY D.IMPORT:0 CY 4.ADDITION OF STORMWATER TREATMENT BASINS AND STORMWATER INFRASTRUCTURE AS REQUIRED TO TREAT RUN-OFF FROM PROPOSED IMPERVIOUS SURFACES AND TO CONNECT FLOWS TO EXISTING SYSTEMS. 5.ADDITION OF DOMESTIC WATER, SEWER, AND STORMWATER CONNECTIONS TO SERVE THE SPLASH PAD, DRINKING FOUNTAINS, OUTDOOR SHOWER, AND PROVIDE DRAINAGE WHERE REQUIRED. 6.ADDITION OF LIGHTING AND WIRE RUNS THROUGHOUT THE PARK TO PROVIDE SAFETY LIGHTING AND LIGHTING AT PROPOSED AMENITY LOCATIONS. 7.RE-SEALING AND STRIPING OF EXISTING LOWER PARKING LOT AND CONSTRUCTION OF ADDITIONAL PARKING AREA ADJACENT TO THE LOWER SOFTBALL FIELD. 8.RE-LOCATION AND CONSTRUCTION OF DOG PARK SURFACING AND AMENITY IMPROVEMENTS. 9.CONSTRUCTION OF BIKE PUMP TRACK. 10.CONSTRUCTION OF SKATE PARK. 11.CONSTRUCTION OF FOUR PICKLEBALL COURTS. 12.RE-SURFACING OF TENNIS COURTS AND BASKETBALL COURT. 13.CONSTRUCTION OF SOFTBALL FIELD FENCING, BACKSTOP, DUG-OUTS, BLEACHER SEATING AND PAVER PLAZA. 14.CONSTRUCTION OF PERIMETER WALKING PATH AND FITNESS EQUIPMENT AREAS. 15.CONSTRUCTION OF SHADE SHELTERS AND ASSOCIATED PICNIC AREAS. 16.CONSTRUCTION OF ADA-COMPLIANT PEDESTRIAN RAMP SYSTEM CONNECTION TO MENZEL FIELD. 17.CONSTRUCTION OF PEDESTRIAN PATH CONNECTION TO CASA CASILLAS INCLUDING RAMP AND ASSOCIATED WALL IN ONE SECTION OF THE PATH. 18.CONSTRUCTION OF MULTI-PURPOSE TURF FIELD. 19.RENOVATION OF EXISTING RESTROOM BUILDING INCLUDING REPLACEMENT OF ROOF AND RESTROOM FIXTURES/ACCESSORIES AS WELL AS IMPLEMENTATION OF ACCESSIBILITY IMPROVEMENTS. 20.RENOVATION OF EXISTING STORAGE BUILDING. 21.CONSTRUCTION OF SPLASH PAD INCLUDING SHOWERS, ASSOCIATED UTILITY CONNECTIONS, UNDERGROUND WATER SUPPLY TANK, AND MECHANICAL ROOM ENCLOSURE / CONTROL BUILDING. 22.CONSTRUCTION OF NEW PLAYGROUND TO REPLACE THE EXISTING PLAYGROUND. 23.CONSTRUCTION OF NEW TRASH ENCLOSURE TO REPLACE EXISTING TRASH ENCLOSURE. 24.CONSTRUCTION OF PERMANENT BELOW-GRADE IRRIGATION SYSTEM IN ALL LANDSCAPED AREAS OF THE PARK AND REPAIR AND RE-CONFIGURATION OF EXISTING IRRIGATION SYSTEMS DISTURBED BY PROJECT CONSTRUCTION AND PROJECT IMPROVEMENTS. 25.INSTALLATION OF NEW PLANTING SURROUNDING EXISTING AND PROPOSED PARK AMENITIES. RE-CONFIGURATION OF EXISTING LAWN AND LANDSCAPE AREAS AS REQUIRED BY PARK IMPROVEMENTS. AS SHOWN ON THESE DRAWINGS AND SPECIFICATIONS. WATER PURVEYOR / USE THE WATER PURVEYOR FOR THIS PROJECT ISSWEETWATER AUTHORITY LOCATED AT ADDRESS 505 GARRETT AVENUE CHULA VISTA, CA 91910. POTABLE WATER SOURCES WILL SERVE THE RESTROOM, SPLASH PAD CONTROL ROOM BUILDING, DRINKING FOUNTAINS, DOG FOUNTAINS, AND LANDSCAPE IRRIGATION WATER SYSTEM. WATER METER INFORMATION TABLE 1-1/2" 1-1/2"1-1/2" SEPARATE PERMIT REQUIREMENTS THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTING THE FOLLOWING ITEMS REQUIRED FOR BUILDING PERMIT APPROVAL TO THE CITY OF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT: PREVIOUSLY SUBMITTED ITEMS COVERED UNDER BUILDING PERMIT #B24-0778*: 1.MUSCO LIGHT POLES INCLUDING BUT NOT LIMITED TO THE STRUCTURAL DESIGN OF THE POLES AND POLE FOOTINGS/FOUNDATIONS. 2.FITNESS EQUIPMENT INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATIONS 3.PLAYGROUND EQUIPMENT INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATIONS 4.SPLASH PAD BALANCE TANK 5.FENCING & GATES 6.SITE RETAINING WALLS 7.SITE ACCESSIBILITY COMPLIANCE 8.TENANT IMPROVEMENTS (BUILDINGS) BUILDING PERMIT IN PROCESS AND PENDING APPROVAL BY BUILDING DIVISION. ITEMS REQUIRING A SEPARATE PERMIT (PERMIT NO. TO BE DETERMINED) 9.PRE-FABRICATED TRASH ENCLOSURE INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATION, WALLS, ROOF SYSTEM (FRAMING AND ROOF COMPONENTS), AND GABLE VENTS. 10.PRE-FABRICATED SPLASH PAD CONTROL ROOM BUILDING INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATION, WALLS, ROOF SYSTEM (FRAMING AND ROOF COMPONENTS), INTERIOR/EXTERIOR LIGHTING, DOORS, AND EXHAUST FANS. 11.GULLWING SHELTER INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATIONS, POSTS AND FRAMING, AND ROOF & DRAINAGE SYSTEM. 12.MONOSLOPE SHELTERS INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATIONS, POSTS AND FRAMING, AND ROOF SYSTEM. 13.BUTTERFLY SCULPTURE INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF ALL METAL COMPONENTS, METAL SUPPORTS, FOOTINGS/FOUNDATIONS. 14.WATERPLAY FEATURES INCLUDING BUT NOT LIMITED TO THE DESIGN AND STRUCTURAL ENGINEERING OF THE FOOTINGS/FOUNDATIONS. 15.SOFTBALL FIELD BLEACHERS INCLUDING BUT NOT LIMITED TO BLEACHER FRAME, GUARDRAILS, HANDRAILS, AND FASTENERS / MOUNTING DETAILS. DRAWINGS FOR THESE FEATURES SHOWN IN THE PROJECT BID DRAWINGS ARE FOR REFERENCE ONLY. PRIOR TO PURCHASE AND INSTALLATION THE CONTRACTOR SHALL BE RESPONSIBLE TO PREPARE COMPLETE DESIGN AND STRUCTURALLY ENGINEERED DRAWINGS FOR THESE FEATURES INCLUDING AT A MINIMUM THE FOLLOWING: 1.STRUCTURAL PLANS AND DETAILS STAMPED AND SIGNED BY A CALIFORNIA REGISTERED PROFESSIONAL ENGINEER. PLANS AND DETAILS SHALL BE DRAWN TO SCALE WITH ALL DIMENSIONS AND CALLOUTS REQUIRED TO PERFORM A FULL REVIEW OF THE DESIGN PROVIDED CLEARLY AND LEGIBLY ON THE DRAWINGS. 2.STRUCTURAL CALCULATIONS STAMPED AND SIGNED BY A CALIFORNIA REGISTERED PROFESSIONAL STRUCTURAL ENGINEER. 3.SPECIFICATIONS, REPORTS, PRODUCT SUBMITTALS, COLOR & FINISH SAMPLES, AND ANY OTHER DOCUMENTATION REQUIRED TO DEMONSTRATE THAT THE DEFERRED SUBMITTALS ARE DESIGNED IN CONFORMANCE WITH THE DESIGN INTENT SHOWN IN THE PROJECT BID DRAWINGS AND SPECIFICATIONS. THE CONTRACTOR SHALL BE RESPONSIBLE TO PERFORM ANY COORDINATION REQUIRED WITH THE SPECIFIED MANUFACTURERS, DESIGN TEAM, AND CITY TO PREPARE THE DEFERRED SUBMITTAL DRAWINGS. CONTRACTOR SHALL BE RESPONSIBLE FOR DEVELOPING FINAL CONSTRUCTION DOCUMENTS FOR PERMIT PROCESSING AND APPROVAL WITH THE CITY, AND ALL OTHER APPLICABLE AGENCIES. ALL COSTS ASSOCIATED WITH OBTAINING PERMITTING APPROVAL FOR THE BASE BID DESIGN OF THE ITEMS LISTED IN THIS SECTION AND THE SPRAYGROUND SHALL BE INCLUDED IN THE BASE BID. DEPARTMENT OF ENVIRONMENTAL HEALTH (DEH) PERMITTING CONTRACTOR SHALL NOT PROCEED WITH CONSTRUCTION OF THE SPLASH PAD / SPRAY GROUND UNTIL REQUIRED DEH PERMITTING AND APPROVALS ARE COMPLETE. CONTRACTOR SHALL COORDINATE WITH CITY / DESIGN TEAM TO DETERMINE WHEN DEH PERMITTING PROCESS IS COMPLETE. 9/20/24BIDADDENDUM #11RCFKTUA 1 9/ 1 2 2 0 2 4 B I D S E T C D S U B M I T T A L 20202 Page 119 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 120 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 121 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 122 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Master Fee Schedule Update: Parks & Recreation Fees for Harborside Park, Loma Verde Pool, and Parkway Pool Report Number: 24-0280 Location: Harborside Park, 670 Oxford Street; Parkway Pool, 385 Park Way; Loma Verde Pool, 1420 Loma Lane Department: Parks and Recreation 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15061(b)(3). Pursuant to Title 24, Part 58.35(a)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorical exclusion under the National Environmental Policy Act (NEPA). Recommended Action Adopt a resolution amending Chapter 7-200 (Facility User Fees) of the City’s Master Fee Schedule updating Parks and Recreation fees. SUMMARY Updated Parks & Recreation Master Fee Schedule includes updates to the new amenities and services at Harborside Park, Loma Verde Pool, and Parkway Pool. It also includes annual inclusion of Veterans Day fee waiver usage by 501(c)19 local entities. 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required. Pursuant to Title 24, Part 58.35(a)(1) of Page 123 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorical exclusion under NEPA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Presented at the November 7, 2024, Parks and Recreation Commission for recommendation to City Council. DISCUSSION The Parks & Recreation Department updates its Parks & Recreation Master Fee Schedule annually based on CPI (Consumer Price Index) adopted by previous council action to match annual percentage increases in the CPI that coincide with annual fee increases. The additions to Fee Bulletin 7-200 of the City’s Master Fee Schedule include the following: 1. New fee schedules for Harborside Park, that includes waiving fees through December 2025 to assist in activating the park; 2. New Loma Verde Pool fees for new amenities, such as the Splash Pad; 3. New fee for Parkway Pool amenities, such as the Designated Party Space on Deck; and 4. Waiver of fees for Veterans Day Services by local 501(c)19 entities (Veterans Service Organizations) use of the Memorial Park on November 11 every year. The Parks and Recreation Department understands the importance of recreational programs and accessibility to parks. The recent renovation of the Loma Verde Pool has brought the opportunity to expand services to the community. Harborside Park renovations is scheduled to reopen December 16, 2024, and Parkway Pool has added amenities not previously available. The Parks and Recreation Master Fee Schedule continues to follow Citywide Cost Recovery Policy (159-03) to ensure all applicable factors are considered. Furthermore, rates were developed through careful analysis from current market rates for public pool and public park amenities factoring in cost recovery. The following items will be included on the new Master Fee Schedule: Loma Verde Pool Competition Pool NR+ PT 100% R+PT/NR+NPT 50% R+NPT 25% Section A (North 7 lanes) $168 $84 $42 Section B (Middle 7 lanes) $168 $84 $42 Section C (South 7 lanes) $168 $84 $42 Full Pool $420 $210 $105 Recreation Pool $168 $84 $42 Splash Pad (Add-on to Room B Rental) $144 $72 $36 Multipurpose Rooms NR+ PT 100% R+PT/NR+NPT 50% R+NPT 25% 2 Room Combo (A and B) $220 $110 $55 Room A (North) $120 $60 $30 Room B (South) $120 $60 $30 Designated Party Space on Deck $80 $40 $20 Team Storage Spaces $25/Month $25/Month $25/Month Musco Lighting $15/Hour $15/Hour $15/Hour Page 124 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 Harborside park NR+ PT 100% R+PT/NR+NPT 50% R+NPT 25% Basketball Court $65 $33 $17 Section B (Middle 7 lanes) $65 $33 $17 Parkway Pool NR+ PT 100% R+PT/NR+NPT 50% R+NPT 25% Designated Party Space on Deck $60 $30 $15 Definitions of acronyms: NR = Non-Resident Rate, PT = Prime Time Rate, R = Resident Rate and NPT = Non- Prime Time Rate. 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 nominal current-year fiscal impact as a result of this action. Rate changes will become effective upon City Council approval. ONGOING FISCAL IMPACT Implementation of the Parks & Recreation Master Fee Schedule will offset ongoing costs of operating parks and recreation programs and facilities. ATTACHMENTS 1. Master Fee Schedule Chapter 7, Bulletin 7-200 - Facility Use Fees (Redline) Staff Contact: Frank Carson, Parks & Recreation Director Page 125 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 7 OF THE CHULA VISTA MASTER FEE SCHEDULE UPDATING PARKS AND RECREATION FEES WHEREAS, it has been the general policy of the City of Chula Vista that the public at large should not subsidize services solely benefiting specific individuals or businesses through general tax revenues; and WHEREAS, City Council Policy No. 159-03 (Citywide Cost Recovery Policy), adopted by the Council via Resolution No. 2010-145, establishes target cost recovery levels for services/activities; and WHEREAS, City Council Policy No. 159-03 (Citywide Cost Recovery Policy) was amended by the Council under Resolution No. 2017-131 to increase target cost recovery levels for all Building and Planning Fees, Fire Department operational permits, with the exception of Fire Company Inspection Program (FCIP) fees to full cost recovery, and eliminate General Fund subsidies for specific permits; and WHEREAS, City staff reviewed the current Parks and Recreation Master Fee Schedule and recommends adding new fees for Harborside Park to offset costs of operation and recreation programs effective January 1, 2026; and WHEREAS, fees for Harborside Park will be waived from December 16, 2024 through December 31, 2025; and WHEREAS, new fees for Loma Verde Pool will be added for new amenities and to offset costs of operation and recreation programs; and WHEREAS, a new fee for Parkway Pool will be added for the amenity of Designated Party space on Deck; and WHEREAS, fees will be waived for Veterans Day Services by local 501(c)19 entities (Veterans Service Organizations) utilizing Memorial Park on November 11 every year; and WHEREAS, the revised Parks and Recreation Master Fee Schedule does not exceed the estimated reasonable cost of providing the associated services; and WHEREAS, the proposed amendments to the Parks and Recreation Master Fee Schedule shall become effective upon adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends Chapter 7 (Recreation Fees) of the City’s Master Fee Schedule as set forth in Exhibit 1 to this Resolution. Presented by Approved as to form by Page 126 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Frank Carson Marco A. Verdugo Director of Parks and Recreation City Attorney Form Rev 3/6/2023 Page 127 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER FEE SCHEDULE FEE BULLETIN Chapter 7 – Parks and Recreation Fees 7-200 Facility Use Fees November 2024 City of Chula Vista www.chulavistaca.gov 619.409.5979 Parks and Recreation facilities are available to groups only when City programs are not scheduled. An employee or City-appointed representative must be present during use of listed facilities. See Fee Bulletin 7-100 for fee tiers and definitions. GENERAL FACILITIES – USE PERMIT Prime Time (PT) Non-Prime Time (NPT) Resident or Non-profit (R) 50% 25% Non-Resident or For-profit (NR) 100% 50% FACILITY FEE SCHEDULE (PER HOUR) FACILITY NR+ R+PT R+ PT NR+N PT NPT 100% 50% 25% Parkway Community Center Gymnasium – Large $175 $88 $44 Gymnasium – Large Half $111 $57 $28 Main Hall/Gym - Small $153 $76 $39 Kitchen facilities w/MH $29 $15 $7 Classroom $88 $44 $23 Dance room $88 $44 $23 Game room $54 $27 $13 Heritage Community Center Main Hall (MH) $153 $76 $39 Kitchen facilities w/MH $29 $15 $7 Outdoor Stage $153 $76 $39 Craft room $88 $44 $23 Norman Park Senior Center Cornell Hall Full $153 $76 $39 Cornell Hall Half $88 $44 $23 Conference Room $29 $15 $7 Kitchen facilities $29 $15 $7 Game room $29 $15 $7 Loma Verde Community Center Gym Full (MR 115) $175 $88 $44 Multipurpose Rooms 109A, 109B, and 114 3 Room Combo (Rooms A, B, and C w/ Kitchen) $180 $90 $45 Room 109A w/ Private Bathroom (South) $48 $24 $12 Room 109B Dance Room (Middle) $40 $20 $10 Room 114 (Crafts Room w/Kitchen North) $120 $60 $30 Game Room (Add on to Rental) $60 $30 $15 Fitness Room (110) $100 $50 $25 Outdoor Turf Fitness Area w/equipment $160 $80 $40 w/out equipment $120 $60 $30 Chula Vista Woman’s Club Main Hall (MH) $153 $76 $39 Otay Community Center Gymnasium – Full $153 $76 $39 Gymnasium – Half $88 $44 $23 Classroom $70 $35 $18 Patio $65 $33 $17 Game room $29 $15 $7 Salt Creek Community Center Gymnasium – Full $175 $88 $44 Gymnasium – Half $111 $57 $28 Multipurpose rooms - Full (includes kitchen & patio use) $206 $103 $52 ~ Half with Kitchen $95 $46 $24 Game room $54 $27 $13 Montevalle Community Center Gymnasium - Full $175 $88 $44 Gymnasium – Half $111 $57 $28 Multipurpose rooms ~ North Room (N) $165 $83 $41 ~ South Room (S) $165 $83 $41 ~ Middle Room (M) $111 $57 $28 ~ 2 room combo $206 $103 $52 ~ 3 room combo (N, M, S) $270 $136 $68 Craft room $111 $57 $28 Dance room $111 $57 $28 Game room $54 $27 $13 Veterans Community Center Gymnasium – Full $175 $88 $44 Gymnasium – Half $111 $57 $28 Page 128 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda November 2024 MASTER FEE SCHEDULE  FEE BULLETIN 7-200 Page 2 of 4 City of Chula Vista www.chulavistaca.gov 619.409.5979 Main Hall (MH) $206 $103 $52 Multipurpose rooms ~ Full (Kitchen) $206 $103 $52 ~ Half $95 $46 $24 ~ Half w/ kitchen $124 $62 $30 Dance room $111 $57 $28 Game room $54 $27 $13 Aquatic Complexes Loma Verde Pool Competition Pool Section A (North 7 lanes) $168 $84 $42 Section B (Middle 7 lanes) $168 $84 $42 Section C (South 7 lanes) $168 $84 $42 Full Pool $420 $210 $105 Recreation Pool $168 $84 $42 Splash Pad (Add-on to Room B Rental) $144 $72 $36 Multipurpose Rooms 2 Room Combo (A and B) $220 $110 $55 Room A (North) $120 $60 $30 Room B (South) $120 $60 $30 Designated Party Space on Deck $80 $40 $20 Team Storage Spaces $25 Per Month Musco Lighting $15 Per Hour Chula Vista Non-Profit Youth Sports Organizations – Tiers 1 & 2 Resident Non-Prime Time Rates Parkway Pool Pool Section A (Deep Tank) $144 $72 $36 Section B (Middle) $144 $72 $36 Section C (Shallow) $144 $72 $36 Full Pool $360 $180 $90 Classroom $40 $20 $10 Spectator Deck $60 $30 $15 Designated Party Space on Deck $60 $30 $15 Chula Vista Non-Profit Youth Sports Organizations – Tiers 1&2 Resident Non-Prime Time Rates Facility Fee Schedule (per hour) FACILITY NR+ R+PT R+ PT NR+N PT NPT 100% 50% 25% Harborside Park (fees effective January 2026) Basketball Court $65 $33 $17 Multipurpose Field $65 $33 $17 Outdoor Courts Basketball Court $65 $33 $17 Tennis Court $65 $33 $17 Salt Creek Community Park Soccer Arena $136 $68 $34 Sunset View Park Roller Hockey Facility $136 $68 $34 Valle Lindo Park Mini Pitch Soccer $65 $68 $34 Athletic Fields Multipurpose Fields $65 $33 $17 Baseball/Softball Fields $65 $33 $17 Lights $18 $18 $18 AMPHITHEATERS/EVENT SPACE (PER HOUR) Memorial Bowl (2 hour minimum) Mountain Hawk Amphitheater (2 hour minimum) Mountain Hawk Events Pavilion (2 hour minimum) Friendship Park Deck (2 hour minimum) Resident/Nonprofit ............................................. $88 Non-resident/For-Profit..................................... $175 PICNIC SHELTERS (PER DAY) 1. Small Shelter/Picnic Areas Maximum group size............................................. 50 Reservation fee, Resident/Non-Profit ............... $88 Reservation fee, Nonresident/For-Profit ......... $175 2. Medium Shelter Maximum group size........................................... 100 Reservation fee, Resident/Non-Profit ............. $175 Reservation fee, Nonresident/For-Profit ......... $353 3. Large Shelter Maximum group size........................................... 200 Reservation fee, Resident/Non-Profit ............. $353 Reservation fee, Nonresident/For-Profit ......... $706 Page 129 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda November 2024 MASTER FEE SCHEDULE  FEE BULLETIN 7-200 Page 3 of 4 City of Chula Vista www.chulavistaca.gov 619.409.5979 SPECIAL EQUIPMENT FOR PRIVATE PARTIES IN CITY PARKS -COMMERCIAL VENDOR PERMIT Air Jump, Pony Ride, Petting Zoo, or Similar Product Resident/Nonprofit ............................................. $59 Non-resident/For-Profit ..................................... $118 Large Inflatable (15x15 and/or larger) Permit Food/Game Trucks Permit Resident/Nonprofit ............................................. $88 Non-resident/For-Profit ..................................... $175 Cleaning/Damage Deposit ................................. $100 Cancellation fee* all shelter reservations .......... $25 *Cancellations made 7 or more days in advance from the event date will receive a full refund, less the $25 cancellation fee. Cancellations made less than 7 days in advance from the event date will only be refunded the security deposit. TOURNAMENTS Mt. San Miguel Park Tournament (all 3 fields) Unlighted field use, per hour ............................ $147 Lighted field use, per hour ............................... $170 Tournament rental rates at Mt. San Miguel Park include initial ball field preparation and one on-site staff. Tournament rental of Mt. San Miguel Park requires a 6 hour per day minimum rental. All other City Fields, per hour Reservation fee, full field.................................... $29 Light fee, per field ............................................... $18 City staff must be present throughout the duration of the tournament. These Staff fees will be charged at Full Cost Recovery and added to the rental. ACTIVE RECREATION AREAS Active Recreation Areas (Non-Sports Specific) Permit Fee charged per permit, per day, for recreational- type activities (i.e., Fitness in the Park). Nonresident/For-Profit Base Rate Daily .................................................................... $18 Resident/Non-Profit Discount Rate Daily .................................................................... $12 SPORTS FIELDS An additional fee may be applied for City staff to turn on/off lights and field preparation. Charge includes travel time to site location. City staff ......................................... Full cost recovery See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. OTHER FIELD USE & PROGRAMS Chula Vista Non-Profit Youth Sports Organizations for Recreational Level Use – In Season Sports* Tier 1 – The organization’s primary function is to provide an opportunity for youth to be involved in sports primarily at a recreational level. Recreation is participation open to all participants regardless of talent level and all participants provided playing time. Organizations must be recognized as non- profit or tax-exempt and be in good standing with the Internal Revenue Service (IRS). Organizations must be established and affiliated with a nationally, state and/or regionally recognized sports organization. The organization is a functioning entity with its own governing body (Board of Directors or Trustees) with rules and regulations (By-laws). No less than 75 percent of the organization’s participants must be Chula Vista residents. Per Player Rate per Season................................ $26 Chula Vista Non-Profit Youth Sports Organizations for Competitive Level Use – In Season Sports* Tier 2 – The organization’s primary function is to provide an opportunity for youth to be involved in sports primarily at a competitive level. Competitive level includes, but is not limited to, tryouts that are held to place registrants according to their ability on competitive teams; applicants may be turned away; and not every player on the team participates in significant playing time in every game. In addition, organizations may compensate local executive/administrative staff and/or board members and/or coaches for their service to the league. Organizations must be recognized as non-profit or tax-exempt and be in good standing with the Internal Revenue Service (IRS). Organizations must Page 130 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda November 2024 MASTER FEE SCHEDULE  FEE BULLETIN 7-200 Page 4 of 4 City of Chula Vista www.chulavistaca.gov 619.409.5979 be established and affiliated with a nationally, state and/or regionally recognized sports organization. The organization is a functioning entity with its own governing body (Board of Directors or Trustees) with rules and regulations (By-laws). No less than 75 percent of the organization’s participants must be Chula Vista residents. Per Player Rate per Season ................................ $59 FIELD USE SCHEDULING PRIORITY 1. City-sponsored athletic activities serving Chula Vista residents. 2. Chula Vista Non-Profit Youth Sports Organizations for Recreational Use – In Season Sports* 3. Chula Vista Non-Profit Youth Sports Organizations for Competitive Level Use – In Season Sports* 4. Chula Vista Non-Profit Youth Sports Organizations for Recreational Use – Out of Season Sports* 5. Chula Vista Non-Profit Youth Sports Organizations for Competitive Level Use – Out of Season Sports* 6. Chula Vista Public Schools 7. Chula Vista Private Schools 8. Adult Groups, Non-Residents, For-Profit Organizations, and Incorporated Non- Profits. *In-Season Sports: In-season sports refer to sports where the primary season is played during the applicable part of the year (i.e. baseball/softball Spring, soccer/football Fall). *Out of Season Sports: Out of season sports refer to sports that are not played during the primary season (i.e. baseball/softball Fall, soccer/football Summer). USE PERMITS – OTHER CHARGES Cancellation Fee Parks and Recreation Department must be notified of cancellation a minimum of 21 days prior to scheduled time for activity. Failure to do so will result in forfeiture of the fee. Applies to all facility rentals, except Picnic Shelters (7-day minimum notice required). Nonrefundable Reservation Fee ...................... $100 City Staff ........................................ Full cost recovery Late Fee Payment……………………………………… $100 Small Equipment Deposit…………………………...$100 Small Equipment Fee…………………………………. $50 Large Equipment Deposit………………………. $1,000 Large Equipment Fee…………………………………$500 Variations See Fee Bulletin 1-100 fee waiver process. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery, current hourly rates and fee waiver process. VETERANS DAY WAIVER OF PERMIT FEES Permit fees are waived for 501(c)19 local entities use of Memorial Park, Memorial Bowl and the area surround the Veterans Memorial in Memorial Park. FEE ADJUSTMENTS All fees in Master Fee Schedule Fee Bulletins 7-100 and 7-200, except for Athletic Fields, shall be adjusted annually by the Consumer Price Index (CPI, San Diego All Urban Consumers), in June of each year, rounded to the nearest dollar, and effective for the start of the fall class season. Page 131 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Investment Report: Quarter Ending September 30, 2024 Report Number: 24-0271 Location: No specific geographic location 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 State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Receive the investment report for the quarter ending on September 30, 2024. SUMMARY Transmitted herewith is the City’s investment report for the quarter ending September 30, 2024 to meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and City Council Policy 220-01 Investment Policy and Guidelines. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 132 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 DISCUSSION As shown in the table below, the total cash and investment portfolio held by the City as of September 30, 2024, was $658,810,559 and total cash and investments held by the trustees were $92,020,613. Summary of Cash and Investments as of September 30, 2024 Cash and Investments Book Value Managed Investment Portfolio $ 618,495,574 State of California Local Agency Investment Fund 5,440,111 County of San Diego Pooled Investment Fund 23,938 Total Investments Held by the City 623,959,623 Cash/Time Deposits 34,850,936 Total Cash and Investments Held by the City 658,810,559 Cash and Investments Held by Bank Trustee 92,020,613 Total Cash and Investment Portfolio $ 750,831,172 Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and City Council Policy 220-01 Investment Policy and Guidelines as adopted by Resolution No. 2024-023 on February 13, 2024. During the quarter, $29,000,000 was transferred from Bank of New York, the City’s Investment Custodian Bank account, and $25,000,000 from the State of California Local Agency Investment Fund (LAIF), pooled investment account, to the City. These funds were used to maintain adequate cashflows during the quarter which is typical for this time of the fiscal year. Additionally, 49 investments matured, totaling $96,279,000 and three investments were sold, totaling $14,374,000. 11 purchases were made to replace those investments. Purchased investments include: three corporate notes ($22,500,000) and eight U.S. treasury notes ($57,900,000). The Finance Department continues to manage the portfolio and execute transactions as financial and economic conditions warrant. There is no further activity to report other than routine investments. Two-year Treasuries were yielding 4.71% at the beginning of the quarter and ended the quarter at a yield of 3.66%. As of September 30, 2024, the Weighted Yield to Maturity on the Managed Investment Portfolio was 3.62%, which was an increase of 18 basis points from the previous quarter. The average yield of the two- year U.S. treasury note over the last twelve months is 4.50%. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.91 years, which is an increase from 1.80 years from the prior quarter. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on July 30 and September 17. At their September 17 meeting, the FOMC voted to lower the Federal Funds Rate target range. The Federal Funds Rate target range is 4.75%-5.00%. Page 133 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 The following excerpts are from the statement issued by the FOMC following their September 17 meeting. "Recent indicators suggest that economic activity has continued to expand at a solid pace. Job gains have slowed, and the unemployment rate has moved up but remains low. Inflation has made further progress toward the Committee’s 2 percent objective but remains somewhat elevated. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. The Committee has gained greater confidence that inflation is moving sustainably toward 2 percent, and judges that the risks to achieving its employment and inflation goals are roughly in balance. The economic outlook is uncertain, and the Committee is attentive to the risks to both sides of its dual mandate. In light of the progress on inflation and the balance of risks, the Committee decided to lower the target range for the federal funds rate by 1/2 percentage point to 4- 3/4 to 5 percent. In considering additional adjustments to the target range for the federal funds rate, the Committee will carefully assess incoming data, the evolving outlook, and the balance of risks....In as sessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee’s goals. The Committee’s assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments." The Finance Department, with the assistance of Chandler Asset Management, Inc, continues to manage the City’s investment portfolio in accordance with the Government Code and City Council Policy 220-01 Investment Policy and Guidelines. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months. 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 Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Summary of Cash and Investments as of September 30, 2024 2. Investment Report for the Quarter Ended September 30, 2024 Page 134 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 Staff Contact: Galen Fleming, Fiscal Services Analyst, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 135 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio Asset Back Securities - - - 0.00% Federal Agency 180,026,000 179,628,809 179,742,644 23.94% Commercial Paper 5,000,000 4,975,500 4,973,300 0.66% Corporate Note 154,166,000 154,081,659 153,121,678 20.39% BNY Custodial Cash Account 8,423,810 8,423,810 8,423,810 1.12% Municipal Bond 50,203,531 48,980,050 49,578,450 6.60% Negotiable Certificate of Deposit 8,206,000 8,126,111 8,206,050 1.09% Supranationals 24,500,000 24,395,961 24,375,580 3.25% U.S. Treasury Bond/Note 188,500,000 188,226,099 185,843,792 24.75% Placement Service Deposits (CDARS) 4,021,172 4,021,172 4,021,172 0.54% Cash Purchase in Transit (Payable)- - - 0.00% Interest in Transit (Receivable)209,097 209,097 209,097 0.03% Cash - - - 0.00% Cash Subtotal 209,097 209,097 209,097 0.03% Managed Investment Portfolio Subtotal 623,255,611 621,068,269 618,495,574 81.84% Pooled Investments State of CA Local Agency Investment Fund 5,440,111 5,440,111 5,440,111 0.72% County of San Diego Pooled Investment Fund 23,938 23,938 23,938 0.00% Pooled Investments Subtotal 5,464,049 5,464,049 5,464,049 0.73% Investments Held by the City 628,719,660 626,532,319 623,959,623 82.57% Cash/Time Deposits 34,850,936 34,850,936 34,850,936 4.64% Total Cash & Investments Held by the City $663,570,596 $661,383,255 $658,810,559 87.74% Held by Bank Trustee/Fiduciary Funds Cash with Fiscal Agents 915,759 915,759 915,759 0.12% Mutual Funds 48,405,327 48,405,327 48,405,327 6.45% United States Treasury Securities - - - 0.00% San Diego County Investment Pool 5,936,759 5,936,759 5,936,759 0.79% Local Agency Investment Fund 8,432,376 8,449,756 8,432,376 1.12% Section 115 Trust 28,330,392 28,330,392 28,330,392 3.77% Total Held by Bank Trustee/Fiduciary Funds $92,020,613 $92,037,993 $92,020,613 12.26% Total Portfolio $755,591,209 $753,421,248 $750,831,172 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Market values do not include accrued interest. 5. Book value is the value at which an asset is carried on the balance sheet and does not include accrued interest. Summary of Cash and Investments as of September 30, 2024 City of Chula Vista Page 136 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 PORTFOLIO SUMMARY Portfolio Characteristics Sector Allocation Account Summary Maturity Distribution Top Issuers Credit Quality AA Beg. Values as of 09/01/2024 End Values as of 09/30/2024 Total Market Value 633,944,465.67 630,861,475.66 Cost Value *See Footnote Investment Report for the Quarter Ended September 30, 2024 City of Chula Vista 1 of 29Page 137 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant 2 of 29Page 138 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes Compliant Compliant 4 Compliant 1 Not Compliant Fitch Compliant Compliant Compliant 4 Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant 2 Compliant Compliant Compliant 1 Compliant Compliant 3 of 29Page 139 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 STATEMENT OF COMPLIANCE Rules Name Limit Actual Compliance Status Notes Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant Compliant 3 Compliant Compliant U.S. TREASURIES Compliant 4 Compliant 4 of 29Page 140 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity AGENCY Aaa/AA+ AA+ 01/20/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 12/14/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 01/10/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/02/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 12/14/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 5 of 29Page 141 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 12/01/2021 Aaa/AA+ AA+ 12/29/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/30/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/22/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/30/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 02/01/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 10/24/2022 Aaa/AA+ AA+ 6 of 29Page 142 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 09/09/2022 Aaa/AA+ AA+ 3130ASUB3 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 03/24/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ 11/30/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 10/24/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/10/2023 Aaa/AA+ AA+ 7 of 29Page 143 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 04/10/2029 Aaa/AA+ AA+ Total Agency 180,026,000.00 2.96% 179,443,157.15 179,742,644.41 99.83 3.98% 179,628,808.71 1,271,572.87 28.67% (113,835.70) Aaa/AA+ AA+ 1.70 1.59 Aaa/AAA AAA Aaa/AAA AAA Aaa/AAA AAA NA/NA NA Total Cash 4,230,269.58 1.83% 4,230,269.58 4,230,269.58 1.00 1.83% 4,230,269.58 0.00 0.68% 0.00 Aaa/AAA AAA 0.00 0.00 COMMERCIAL NA Total Commercial 5,000,000.00 5.48% 4,869,466.67 4,973,300.00 99.51 4.92% 4,975,500.00 0.00 0.79% 2,200.00 NA 0.10 0.10 10/01/2024 A1/A 12/03/2021 A2/A A+ 01/14/2020 A1/A NA A1/A+ NA 8 of 29Page 144 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity A1/A+ NA A1/A+ A+ 01/19/2022 A3/BBB+ A2/A+ NA 11/19/2021 A1/A A+ 11/22/2022 Baa1/ BBB+ BBB+ A1/AA A2/A A 11/19/2021 Aaa/AA+ NA 11/19/2021 A2/A A 12/14/2021 A1/AA 01/21/2022 12/13/2022 A1/A+ NA A1/A 231021AU0 A2/A NA A2/A A A1/A+ A+ 9 of 29Page 145 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 03/24/2022 NA 10/04/2022 A1/A+ 11/22/2022 NA A2/A A 10/03/2022 A1/A+ NA 09/23/2022 Aa2/AA AA 10/04/2022 NA NA A2/A A 10/14/2022 A1/A+ NA Aa3/A A1/A 09/20/2023 A+ 09/20/2023 A A1/A+ 10 of 29Page 146 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/21/2022 Aa3/A+ A1/A+ A2/A A 09/10/2024 A 01/11/2024 A1/A A+ 14913UAJ9 A2/A A+ 03/14/2029 NA A1/A Total Corporate 154,166,000.00 3.78% 152,648,016.33 153,121,678.03 100.01 4.19% 154,081,658.96 1,329,448.96 24.59% 959,980.93 A1/A A+ 2.34 2.08 LAIF NA/NA NA Total LAIF 5,440,110.99 4.57% 5,440,110.99 5,440,110.99 1.00 4.57% 5,440,110.99 0.00 0.87% 0.00 NA/NA NA 0.00 0.00 LOCAL GOV INVESTMENT NA/NA AAA 11 of 29Page 147 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity Total Local Gov 23,938.33 5.40% 23,938.33 23,938.33 1.00 5.40% 23,938.33 0.00 0.00% 0.00 NA/NA AAA 0.00 0.00 Aaa/ AAAm AAA Aaa/ AAAm AAA Total Money Market Fund 8,423,810.26 4.79% 8,423,810.26 8,423,810.26 1.00 4.79% 8,423,810.26 0.00 1.34% 0.00 Aaa/ AAAm AAA 0.00 0.00 11/01/2024 12/03/2021 NA 11/01/2024 NA 02/13/2020 Aa3/A A AA 11/20/2020 NA 11/30/2021 A1/A+ A+ NA/AA AA 12 of 29Page 148 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 09/23/2020 NA/AA NA Aa2/AA AA 144393NA9 AAA 09/14/2020 09/11/2020 A1/AA NA Aa3/AA NA NA/AA AA+ Aa1/AA+ AAA Aa2/AA+ AA 12/13/2021 NA NA AA Aaa/NA NA NA 09/23/2022 Aa2/AA NA 09/14/2022 13 of 29Page 149 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity Aa2/AA AA 11/03/2022 NA/AA AA Aaa/NA NA Aa1/AAA NA Aa1/NA NA 10/13/2022 Aaa/AAA NA Total Municipal Bonds 50,203,530.72 2.55% 49,432,389.15 49,578,450.09 97.59 4.12% 48,980,050.04 230,963.56 7.82% (598,400.05) Aa2/AA AA 1.39 1.35 10/04/2019 NA/NA NA 10/04/2019 NA/NA NA 10/30/2024 10/09/2019 NA/NA NA 02/03/2020 NA 10/22/2019 NA/NA NA 11/04/2019 NA/NA NA 11/13/2024 10/31/2019 NA/NA NA 12/02/2024 02/13/2020 NA/NA NA 12/04/2024 11/20/2019 NA/NA NA 14 of 29Page 150 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity NA/NA NA NA/NA NA 02/04/2020 NA/NA NA NA/NA NA 02/10/2020 NA/NA NA NA/NA NA NA/NA NA NA/NA NA 02/24/2020 NA/NA NA NA/NA NA NA/NA NA 03/02/2020 NA/NA NA 03/11/2020 NA/NA NA 03/02/2020 NA/NA NA 03/10/2020 NA/NA NA 03/09/2020 NA/NA NA 03/10/2020 NA/NA NA 03/11/2020 NA/NA NA 15 of 29Page 151 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 03/31/2020 NA/NA NA NA/BBB BBB 04/13/2020 NA 04/03/2020 NA/NA NA NA/NA NA 12/21/2022 NA/NA NA 8,206,000.00 1.59% 8,208,305.45 8,206,050.35 99.04 4.59% 8,126,111.25 9,926.84 1.30% (79,939.10) Baa3/ BBB BBB 0.45 0.44 03/24/2022 Aaa/AAA AAA 12/13/2021 Aaa/AAA AAA Aaa/AAA AAA 01/20/2022 Aaa/AAA NA Aaa/AAA NA 10/04/2023 Aaa/AAA NA Total 24,500,000.00 3.19% 24,353,900.33 24,375,579.88 99.67 3.91% 24,395,961.40 157,861.11 3.89% 20,381.52 Aaa/AAA AAA 2.05 1.91 16 of 29Page 152 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity US TREASURY F1+ 11/14/2024 F1+ 11/30/2024 11/23/2022 Aaa/AA+ AA+ 12/12/2024 F1+ 12/31/2024 Aaa/AA+ AA+ F1+ 01/31/2024 Aaa/AA+ AA+ 01/31/2024 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 01/31/2024 Aaa/AA+ AA+ 09/04/2024 Aaa/AA+ AA+ 11/03/2023 Aaa/AA+ AA+ 09/11/2024 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/22/2022 Aaa/AA+ AA+ 17 of 29Page 153 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista | As of September 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 02/13/2024 Aaa/AA+ AA+ 09/20/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 10/23/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/10/2023 Aaa/AA+ AA+ 09/24/2024 Aaa/AA+ AA+ 10/23/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/31/2029 Aaa/AA+ AA+ Aaa/AA+ AA+ Total US Treasury 188,500,000.00 4.52% 185,022,240.37 185,843,791.54 99.92 3.92% 188,226,099.20 1,329,383.62 30.04% 2,382,307.66 Aaa/AA+ AA+ 2.01 1.87 628,719,659.88 3.64% 622,095,604.61 623,959,623.46 96.85 4.04% 626,532,318.71 4,329,156.95 100.00% 2,572,695.25 AA 1.86 1.71 Total Market Value + Accrued 630,861,475.66 18 of 29Page 154 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Maturity Sept 2024 Jun 2024 Change Sept 2023 Sept 2022 Sept 2021 Sept 2020 3-Month 4.73%5.48%-0.75%5.03%4.22%0.28%0.13% 1-Year 3.98%5.09%-1.11% 2-Year 3.66%4.71%-1.05% 3-Year 3.58%4.52%-0.94%Oct-23 5.07 Apr-24 5.04 5-Year 3.58%4.33%-0.75%Nov-23 4.73 May-24 4.89 10-Year 3.81%4.36%-0.55%Dec-23 4.23 Jun-24 4.71 Jan-24 4.27 Jul-24 4.29 Feb-24 4.64 Aug-24 3.91 Mar-24 4.59 Sep-24 3.66 12 Month Average 4.50 Investment Report for the Quarter Ended September 30, 2024 City of Chula Vista U.S. Treasury Yields and Interest Earnings 2-Year U.S. Treasury Yield - 12 Month Average Total for Quarter 1,655,670.37$ 3,522,210.51$ 5,177,880.88$ U.S. Treasury Yields - Quarterly Comparison 2-Year U.S. Treasury Yield - Historical Data Interest Earnings - Quarter Ending 9/30/2024 & 9/30/2023 1,012,342.17$ 1,144,518.73$ 1,626,539.84$ 1,677,856.51$ 1,873,484.53$ Change20232024 September August July 261,190.23$ 665,514.34$ 728,965.80$ 1,365,349.61$ 19 of 29Page 155 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista|07/01/2024 Through 09/30/2024| Buy Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 07/09/2024 437076DB5 7,500,000.00 HOME DEPOT INC 4.875 06/25/2027 4.7620 7,522,650.00 A Corporate 07/09/2024 91282CDS7 10,000,000.00 UNITED STATES TREASURY 1.125 01/15/2025 5.2873 9,790,625.00 AA+ US Treasury 07/30/2024 91282CEV9 7,500,000.00 UNITED STATES TREASURY 3.25 06/30/2029 4.0874 7,222,558.59 AA+ US Treasury 08/01/2024 912797KZ9 6,000,000.00 UNITED STATES TREASURY 08/27/2024 5.3815 5,977,087.50 A-1+ US Treasury 08/15/2024 91282CLG4 8,000,000.00 UNITED STATES TREASURY 3.75 08/15/2027 3.8460 7,978,437.50 AA+ US Treasury 08/26/2024 26442CAS3 7,500,000.00 DUKE ENERGY CAROLINAS LLC 2.95 12/01/2026 4.2873 7,285,500.00 A Corporate 09/05/2024 91282CJV4 8,000,000.00 UNITED STATES TREASURY 4.25 01/31/2026 3.9988 8,026,875.00 AA+ US Treasury 09/12/2024 91282CGV7 2,400,000.00 UNITED STATES TREASURY 3.75 04/15/2026 3.7687 2,399,250.00 AA+ US Treasury 09/16/2024 63743HFT4 7,500,000.00 NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP 4.12 09/16/2027 4.0358 7,517,400.00 A-Corporate 09/25/2024 91282CCR0 8,000,000.00 UNITED STATES TREASURY 1.0 07/31/2028 3.5039 7,284,687.50 AA+ US Treasury 09/30/2024 912797MW4 8,000,000.00 UNITED STATES TREASURY 01/07/2025 4.5609 7,902,243.00 A-1+ US Treasury 80,400,000.00 20 of 29Page 156 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista|07/01/2024 Through 09/30/2024| Maturity Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 07/01/2024 15276PAV1 (795,000.00) CENTRAL CALIF UNI SCH DIST 5.0 07/01/2024 1.2940 (795,000.00) AA Municipal Bonds 07/02/2024 3133ELQ56 (3,000,000.00) FEDERAL FARM CREDIT BANKS FUNDING CORP 0.57 07/02/2024 0.8192 (3,000,000.00) AA+ Agency 07/05/2024 912796Y52 (9,500,000.00) UNITED STATES TREASURY 07/05/2024 5.1830 (9,500,000.00) A-1+ US Treasury 07/08/2024 931142EL3 (3,900,000.00) WALMART INC 2.85 07/08/2024 2.7174 (3,900,000.00) AA Corporate 07/15/2024 79466LAG9 (450,000.00) SALESFORCE INC 0.625 07/15/2024 0.9593 (450,000.00) A+ Corporate 07/17/2024 156634AS6 (249,000.00) Century Next Bank 2.0 07/17/2024 1.9999 (249,000.00) NA Negotiable CD 07/19/2024 3130AP7D1 (2,090,000.00) FEDERAL HOME LOAN BANKS 0.45 07/19/2024 0.8637 (2,090,000.00) AA+ Agency 07/26/2024 3130AQL68 (3,200,000.00) FEDERAL HOME LOAN BANKS 1.08 07/26/2024 1.0800 (3,200,000.00) AA+ Agency 08/01/2024 189849MG4 (365,000.00) COACHELLA VALLEY CALIF UNI SCH DIST 1.999 08/01/2024 1.9705 (365,000.00) AA Municipal Bonds 08/01/2024 376087FZ0 (500,000.00) GILROY CALIF UNI SCH DIST 1.833 08/01/2024 1.8330 (500,000.00) AA- Municipal Bonds 08/01/2024 542411NJ8 (1,315,000.00) LONG BEACH CALIF CMNTY COLLEGE DIST 1.803 08/01/2024 1.8030 (1,315,000.00) AA Municipal Bonds 08/01/2024 671205Y63 (200,000.00) OAK GROVE CALIF SCH DIST 1.276 08/01/2024 1.2760 (200,000.00) AA Municipal Bonds 08/01/2024 796720MG2 (1,000,000.00) SAN BERNARDINO CALIF CMNTY COLLEGE DIST 2.044 08/01/2024 2.0440 (1,000,000.00) AA Municipal Bonds 08/01/2024 796720MY3 (700,000.00) SAN BERNARDINO CALIF CMNTY COLLEGE DIST 2.044 08/01/2024 2.0440 (700,000.00) AA Municipal Bonds 08/01/2024 799306QK4 (1,200,000.00) SAN RAFAEL CALIF ELEM SCH DIST 1.965 08/01/2024 1.9650 (1,200,000.00) AA Municipal Bonds 08/01/2024 802309NW0 (395,000.00) SANTA MARIA CALIF JT UN HIGH SCH DIST 1.095 08/01/2024 1.0950 (395,000.00) NA Municipal Bonds 08/01/2024 802498UH6 (250,000.00)SANTA MONICA-MALIBU UNIFIED SCHOOL FACILITY IMPROV 1.719 08/01/2024 1.7190 (250,000.00) AA+ Municipal Bonds 08/01/2024 835569GR9 (1,000,000.00) SONOMA CNTY CALIF JR COLLEGE DIST 2.061 08/01/2024 2.0610 (1,000,000.00) AA Municipal Bonds 08/01/2024 912797JU2 (9,200,000.00) UNITED STATES TREASURY 08/01/2024 5.3157 (9,200,000.00) A-1+ US Treasury 08/01/2024 91882RFU1 (215,000.00) VAL VERDE CALIF UNI SCH DIST 1.654 08/01/2024 1.6540 (215,000.00) AA Municipal Bonds 08/02/2024 14575TDY5 (600,000.00)CARSON CALIF REDEV AGY SUCCESSOR AGY TAX ALLOCATIO 1.188 08/01/2024 1.1880 (600,000.00) AA Municipal Bonds 08/15/2024 91324PDR0 (3,000,000.00) UNITEDHEALTH GROUP INC 2.375 08/15/2024 0.5953 (3,000,000.00) A+ Corporate 08/16/2024 30231GBC5 (1,000,000.00) EXXON MOBIL CORP 2.019 08/16/2024 0.6283 (1,000,000.00) AA- Corporate 08/19/2024 15721UDB2 (247,000.00) CFBank National Association 1.85 08/19/2024 1.8499 (247,000.00) NA Negotiable CD 08/21/2024 33617LAC3 (249,000.00) First Resource Bank 1.7 08/21/2024 1.7000 (249,000.00) NA Negotiable CD 08/22/2024 023135AZ9 (226,000.00) AMAZON.COM INC 2.8 08/22/2024 1.9125 (226,000.00) AA Corporate 08/23/2024 128829AF5 (247,000.00) Caldwell Bank & Trust Company 1.9 08/23/2024 1.8991 (247,000.00) NA Negotiable CD 08/23/2024 3130APQX6 (2,300,000.00) FEDERAL HOME LOAN BANKS 0.94 08/23/2024 0.9399 (2,300,000.00) AA+ Agency 08/23/2024 938828BJ8 (249,000.00) Washington Federal Bank 2.05 08/23/2024 2.0499 (249,000.00) NA Negotiable CD 08/26/2024 3130AS3U1 (3,000,000.00) FEDERAL HOME LOAN BANKS 3.0 08/26/2024 3.0001 (3,000,000.00) AA+ Agency 08/27/2024 912797KZ9 (6,000,000.00) UNITED STATES TREASURY 08/27/2024 5.3815 (6,000,000.00) A-1+ US Treasury 08/28/2024 372348CK6 (249,000.00) The Genoa Banking Company 1.8 08/28/2024 1.8000 (249,000.00) NA Negotiable CD 08/30/2024 589227AG2 (247,000.00) Merchants State Bank 1.8 08/30/2024 1.7990 (247,000.00) NA Negotiable CD 08/30/2024 740367HS9 (249,000.00) Preferred Bank 1.85 08/30/2024 1.8500 (249,000.00) NA Negotiable CD 21 of 29Page 157 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista|07/01/2024 Through 09/30/2024| Maturity Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 09/01/2024 12189LAT8 (4,000,000.00) BURLINGTON NORTHERN SANTA FE LLC 3.4 09/01/2024 1.7216 (4,000,000.00) AA- Corporate 09/01/2024 801096AS7 (2,000,000.00)SANTA ANA CALIF CMNTY REDEV AGY SUCCESSOR AGY TAX 3.683 09/01/2024 1.9539 (2,000,000.00) AA Municipal Bonds 09/06/2024 191216CL2 (3,200,000.00) COCA-COLA CO 1.75 09/06/2024 0.9944 (3,200,000.00) A+ Corporate 09/10/2024 710665FD7 (249,000.00) Peoples Bank 1.5 09/10/2024 1.5000 (249,000.00) NA Negotiable CD 09/11/2024 020080BL0 (249,000.00) Alma Bank 1.75 09/11/2024 1.7500 (249,000.00) NA Negotiable CD 09/16/2024 3130APYH2 (4,000,000.00) FEDERAL HOME LOAN BANKS 1.0 09/16/2024 1.0001 (4,000,000.00) AA+ Agency 09/18/2024 064236BG6 (249,000.00) The Bank of Old Monroe 1.7 09/18/2024 1.7000 (249,000.00) NA Negotiable CD 09/19/2024 849430BA0 (249,000.00) Spring Bank 1.65 09/19/2024 1.6500 (249,000.00) NA Negotiable CD 09/19/2024 912797KL0 (11,000,000.00) UNITED STATES TREASURY 09/19/2024 5.3114 (11,000,000.00) A-1+ US Treasury 09/23/2024 3130AQ4Q3 (3,000,000.00) FEDERAL HOME LOAN BANKS 1.0 09/23/2024 0.9998 (3,000,000.00) AA+ Agency 09/23/2024 4581X0DZ8 (3,000,000.00) INTER-AMERICAN DEVELOPMENT BANK 0.5 09/23/2024 0.8715 (3,000,000.00) AAA Supranational 09/26/2024 31422BMD9 (4,000,000.00) FEDERAL AGRICULTURAL MORTGAGE CORP 1.74 09/26/2024 1.7521 (4,000,000.00) AA+ Agency 09/27/2024 06652CHB0 (249,000.00) BankWest, Incorporated 1.7 09/27/2024 1.7000 (249,000.00) NA Negotiable CD 09/27/2024 29367RLA2 (247,000.00) Enterprise Bank 1.8 09/27/2024 1.7985 (247,000.00) NA Negotiable CD 09/30/2024 3130AQD59 (3,200,000.00) FEDERAL HOME LOAN BANKS 1.0 09/30/2024 1.0001 (3,200,000.00) AA+ Agency (96,279,000.00) SELL Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 08/01/2024 912797LP0 (2,000,000.00) UNITED STATES TREASURY 12/12/2024 5.3301 (1,962,161.50) A-1+ US Treasury 08/01/2024 91282CDS7 (10,000,000.00) UNITED STATES TREASURY 1.125 01/15/2025 5.2873 (9,815,970.39) AA+ US Treasury 09/12/2024 458140AU4 (2,374,000.00) INTEL CORP 2.6 05/19/2026 1.3559 (2,415,517.65) BBB+ Corporate (14,374,000.00) 22 of 29Page 158 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Reporting Date:9/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Farm Credit System 1,000,000.00 10/17/2024 17 1,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/25/2024 25 3,500,000.00$ -$ -$ -$ -$ -$ Farm Credit System 3,000,000.00 11/1/2024 32 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 2,300,000.00 11/18/2024 49 2,300,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 1,000,000.00 11/25/2024 56 1,000,000.00$ -$ -$ -$ -$ -$ Farm Credit System 1,200,000.00 12/20/2024 81 1,200,000.00$ -$ -$ -$ -$ -$ Farm Credit System 1,500,000.00 1/6/2025 98 1,500,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 3/14/2025 165 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 3/24/2025 175 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 3/28/2025 179 3,500,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 2,500,000.00 4/21/2025 203 -$ 2,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 1,730,000.00 4/28/2025 210 -$ 1,730,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 5/23/2025 235 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 2,500,000.00 6/13/2025 256 -$ 2,500,000.00$ -$ -$ -$ -$ FNMA 4,000,000.00 6/17/2025 260 -$ 4,000,000.00$ -$ -$ -$ -$ Farm Credit System 3,000,000.00 6/23/2025 266 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 6/27/2025 270 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 6/30/2025 273 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 7/18/2025 291 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 7/25/2025 298 -$ 3,000,000.00$ -$ -$ -$ -$ FNMA 4,000,000.00 8/25/2025 329 -$ 4,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 4,000,000.00 8/29/2025 333 -$ 4,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 4,000,000.00 9/12/2025 347 -$ 4,000,000.00$ -$ -$ -$ -$ FHLMC 4,000,000.00 9/24/2025 359 -$ 4,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/14/2025 379 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 3,200,000.00 10/20/2025 385 -$ -$ 3,200,000.00$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/29/2025 394 -$ -$ 3,500,000.00$ -$ -$ -$ FNMA 3,500,000.00 11/7/2025 403 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 2,030,000.00 11/17/2025 413 -$ -$ 2,030,000.00$ -$ -$ -$ Farm Credit System 3,500,000.00 1/27/2026 484 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 3,500,000.00 3/10/2026 526 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 6,000,000.00 5/8/2026 585 -$ -$ 6,000,000.00$ -$ -$ -$ Federal Home Loan Banks 5,000,000.00 6/12/2026 620 -$ -$ 5,000,000.00$ -$ -$ -$ Farm Credit System 3,000,000.00 7/27/2026 665 -$ -$ 3,000,000.00$ -$ -$ -$ Farm Credit System 1,666,000.00 8/24/2026 693 -$ -$ 1,666,000.00$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 8/25/2026 694 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 6,000,000.00 9/1/2026 701 -$ -$ 6,000,000.00$ -$ -$ -$ Federal Home Loan Banks 5,250,000.00 9/11/2026 711 -$ -$ 5,250,000.00$ -$ -$ -$ Farm Credit System 1,000,000.00 9/28/2026 728 -$ -$ 1,000,000.00$ -$ -$ -$ Federal Home Loan Banks 3,750,000.00 10/21/2026 751 -$ -$ -$ 3,750,000.00$ -$ -$ Federal Home Loan Banks 2,600,000.00 11/23/2026 784 -$ -$ -$ 2,600,000.00$ -$ -$ Federal Home Loan Banks 1,650,000.00 12/11/2026 802 -$ -$ -$ 1,650,000.00$ -$ -$ Federal Home Loan Banks 6,500,000.00 1/15/2027 837 -$ -$ -$ 6,500,000.00$ -$ -$ Farm Credit System 7,000,000.00 3/26/2027 907 -$ -$ -$ 7,000,000.00$ -$ -$ Farm Credit System 5,500,000.00 5/6/2027 948 -$ -$ -$ 5,500,000.00$ -$ -$ Farm Credit System 3,500,000.00 9/15/2027 1080 -$ -$ -$ 3,500,000.00$ -$ -$ 23 of 29Page 159 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Reporting Date:9/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Farm Credit System 3,500,000.00 10/27/2027 1122 -$ -$ -$ -$ 3,500,000.00$ -$ Farm Credit System 6,000,000.00 6/7/2028 1346 -$ -$ -$ -$ 6,000,000.00$ -$ Farm Credit System 5,250,000.00 8/28/2028 1428 -$ -$ -$ -$ 5,250,000.00$ -$ Farm Credit System 6,400,000.00 11/13/2028 1505 -$ -$ -$ -$ -$ 6,400,000.00$ Farm Credit System 5,000,000.00 4/10/2029 1653 -$ -$ -$ -$ -$ 5,000,000.00$ Agency 23,000,000.00$ 46,230,000.00$ 54,146,000.00$ 30,500,000.00$ 14,750,000.00$ 11,400,000.00$ Mitsubishi UFJ Financial Group, Inc.5,000,000.00 11/6/2024 37 5,000,000.00$ -$ -$ -$ -$ -$ Commercial Paper 5,000,000.00$ -$ -$ -$ -$ -$ PayPal Holdings, Inc.950,000.00 10/1/2024 1 950,000.00$ -$ -$ -$ -$ -$ BNY Mellon Corp 1,000,000.00 10/24/2024 24 1,000,000.00$ -$ -$ -$ -$ -$ Caterpillar Inc.3,000,000.00 11/8/2024 39 3,000,000.00$ -$ -$ -$ -$ -$ The Hershey Company 677,000.00 11/15/2024 46 677,000.00$ -$ -$ -$ -$ -$ Adobe Inc.2,595,000.00 2/1/2025 124 2,595,000.00$ -$ -$ -$ -$ -$ PACCAR Inc 1,000,000.00 2/6/2025 129 1,000,000.00$ -$ -$ -$ -$ -$ Toyota Motor Corporation 1,000,000.00 2/13/2025 136 1,000,000.00$ -$ -$ -$ -$ -$ 3M Company 2,500,000.00 2/14/2025 137 2,500,000.00$ -$ -$ -$ -$ -$ W.W. Grainger, Inc.580,000.00 2/15/2025 138 580,000.00$ -$ -$ -$ -$ -$ Deere & Company 1,250,000.00 3/13/2025 164 1,250,000.00$ -$ -$ -$ -$ -$ Intel Corporation 2,001,000.00 3/25/2025 176 2,001,000.00$ -$ -$ -$ -$ -$ Amazon.com, Inc.3,000,000.00 4/13/2025 195 -$ 3,000,000.00$ -$ -$ -$ -$ Target Corporation 3,000,000.00 4/15/2025 197 -$ 3,000,000.00$ -$ -$ -$ -$ Apple Inc.1,131,000.00 5/11/2025 223 -$ 1,131,000.00$ -$ -$ -$ -$ Honeywell International Inc.3,000,000.00 6/1/2025 244 -$ 3,000,000.00$ -$ -$ -$ -$ Amazon.com, Inc.1,678,000.00 6/3/2025 246 -$ 1,678,000.00$ -$ -$ -$ -$ JPMorgan Chase & Co.2,000,000.00 7/15/2025 288 -$ 2,000,000.00$ -$ -$ -$ -$ PACCAR Inc 2,300,000.00 8/11/2025 315 -$ 2,300,000.00$ -$ -$ -$ -$ State Street Corporation 1,600,000.00 8/18/2025 322 -$ 1,600,000.00$ -$ -$ -$ -$ Cummins Inc.743,000.00 9/1/2025 336 -$ 743,000.00$ -$ -$ -$ -$ Cummins Inc.2,257,000.00 9/1/2025 336 -$ 2,257,000.00$ -$ -$ -$ -$ The Home Depot, Inc.3,200,000.00 9/15/2025 350 -$ 3,200,000.00$ -$ -$ -$ -$ Toyota Motor Corporation 3,000,000.00 10/16/2025 381 -$ -$ 3,000,000.00$ -$ -$ -$ Visa Inc.2,500,000.00 12/14/2025 440 -$ -$ 2,500,000.00$ -$ -$ -$ PepsiCo, Inc.1,872,000.00 2/24/2026 512 -$ -$ 1,872,000.00$ -$ -$ -$ Cisco Systems, Inc.3,500,000.00 2/28/2026 516 -$ -$ 3,500,000.00$ -$ -$ -$ Target Corporation 1,850,000.00 4/15/2026 562 -$ -$ 1,850,000.00$ -$ -$ -$ Target Corporation 1,901,000.00 4/15/2026 562 -$ -$ 1,901,000.00$ -$ -$ -$ PACCAR Inc 3,000,000.00 5/11/2026 588 -$ -$ 3,000,000.00$ -$ -$ -$ Walmart Inc.1,900,000.00 7/8/2026 646 -$ -$ 1,900,000.00$ -$ -$ -$ Cisco Systems, Inc.1,150,000.00 9/20/2026 720 -$ -$ 1,150,000.00$ -$ -$ -$ NIKE, Inc.1,035,000.00 11/1/2026 762 -$ -$ -$ 1,035,000.00$ -$ -$ Honeywell International Inc.1,185,000.00 11/1/2026 762 -$ -$ -$ 1,185,000.00$ -$ -$ Illinois Tool Works Inc.1,421,000.00 11/15/2026 776 -$ -$ -$ 1,421,000.00$ -$ -$ Abbott Laboratories 1,000,000.00 11/30/2026 791 -$ -$ -$ 1,000,000.00$ -$ -$ Duke Energy Corporation 7,500,000.00 12/1/2026 792 -$ -$ -$ 7,500,000.00$ -$ -$ Royal Bank of Canada 6,500,000.00 1/19/2027 841 -$ -$ -$ 6,500,000.00$ -$ -$ Morgan Stanley 2,500,000.00 1/20/2027 842 -$ -$ -$ 2,500,000.00$ -$ -$ 24 of 29Page 160 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Reporting Date:9/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years JPMorgan Chase & Co.2,500,000.00 1/29/2027 851 -$ -$ -$ 2,500,000.00$ -$ -$ Bank of America Corporation 4,000,000.00 3/2/2027 883 -$ -$ -$ 4,000,000.00$ -$ -$ The Charles Schwab Corporation 2,205,000.00 3/3/2027 884 -$ -$ -$ 2,205,000.00$ -$ -$ PepsiCo, Inc.1,935,000.00 3/19/2027 900 -$ -$ -$ 1,935,000.00$ -$ -$ Costco Wholesale Corporation 3,200,000.00 5/18/2027 960 -$ -$ -$ 3,200,000.00$ -$ -$ Merck & Co., Inc.3,200,000.00 6/10/2027 983 -$ -$ -$ 3,200,000.00$ -$ -$ The Home Depot, Inc.7,500,000.00 6/25/2027 998 -$ -$ -$ 7,500,000.00$ -$ -$ National Rural Utilities Cooperative 7,500,000.00 9/16/2027 1081 -$ -$ -$ 7,500,000.00$ -$ -$ JPMorgan Chase & Co.6,000,000.00 4/22/2028 1300 -$ -$ -$ -$ 6,000,000.00$ -$ Deere & Company 6,250,000.00 1/16/2029 1569 -$ -$ -$ -$ -$ 6,250,000.00$ Caterpillar Inc.7,000,000.00 2/27/2029 1611 -$ -$ -$ -$ -$ 7,000,000.00$ BlackRock, Inc.6,800,000.00 3/14/2029 1626 -$ -$ -$ -$ -$ 6,800,000.00$ The Toronto-Dominion Bank 6,800,000.00 4/5/2029 1648 -$ -$ -$ -$ -$ 6,800,000.00$ Met Tower Global Funding 7,000,000.00 4/12/2029 1655 -$ -$ -$ -$ -$ 7,000,000.00$ Corporate 16,553,000.00$ 23,909,000.00$ 20,673,000.00$ 53,181,000.00$ 6,000,000.00$ 33,850,000.00$ City of National City, California 300,000.00 11/1/2024 32 300,000.00$ -$ -$ -$ -$ -$ California State University 450,000.00 11/1/2024 32 450,000.00$ -$ -$ -$ -$ -$ State of Connecticut 1,700,000.00 1/15/2025 107 1,700,000.00$ -$ -$ -$ -$ -$ State of California 750,000.00 3/1/2025 152 750,000.00$ -$ -$ -$ -$ -$ San Francisco California City & Coun 255,000.00 3/1/2025 152 255,000.00$ -$ -$ -$ -$ -$ City of Gardena, California 250,000.00 4/1/2025 183 -$ 250,000.00$ -$ -$ -$ -$ Port Of Oakland 863,530.72 5/1/2025 213 -$ 863,530.72$ -$ -$ -$ -$ City of Ontario, California 1,000,000.00 6/1/2025 244 -$ 1,000,000.00$ -$ -$ -$ -$ California Statewide Communities Dev 1,000,000.00 6/1/2025 244 -$ 1,000,000.00$ -$ -$ -$ -$ University of California 1,600,000.00 7/1/2025 274 -$ 1,600,000.00$ -$ -$ -$ -$ Colton Joint Unified School District 2,475,000.00 8/1/2025 305 -$ 2,475,000.00$ -$ -$ -$ -$ City of Pomona, California 1,675,000.00 8/1/2025 305 -$ 1,675,000.00$ -$ -$ -$ -$ Carpinteria Unified School District 1,210,000.00 8/1/2025 305 -$ 1,210,000.00$ -$ -$ -$ -$ San Bernardino City Unified School D 2,250,000.00 8/1/2025 305 -$ 2,250,000.00$ -$ -$ -$ -$ Successor Agency to the San Jose Red 4,675,000.00 8/1/2025 305 -$ 4,675,000.00$ -$ -$ -$ -$ San Jose, California 2,275,000.00 9/1/2025 336 -$ 2,275,000.00$ -$ -$ -$ -$ State of Hawaii 2,290,000.00 10/1/2025 366 -$ -$ 2,290,000.00$ -$ -$ -$ California State University 2,500,000.00 11/1/2025 397 -$ -$ 2,500,000.00$ -$ -$ -$ California State University 775,000.00 11/1/2025 397 -$ -$ 775,000.00$ -$ -$ -$ State of California 3,200,000.00 4/1/2026 548 -$ -$ 3,200,000.00$ -$ -$ -$ Sequoia Union High School District 2,050,000.00 7/1/2026 639 -$ -$ 2,050,000.00$ -$ -$ -$ Huntington Beach Union High School D 3,510,000.00 8/1/2026 670 -$ -$ 3,510,000.00$ -$ -$ -$ City of Los Angeles 1,085,000.00 9/1/2026 701 -$ -$ 1,085,000.00$ -$ -$ -$ State of Connecticut 3,000,000.00 9/15/2026 715 -$ -$ 3,000,000.00$ -$ -$ -$ University of California 1,340,000.00 5/15/2027 957 -$ -$ -$ 1,340,000.00$ -$ -$ City of Riverside, California 1,500,000.00 6/1/2027 974 -$ -$ -$ 1,500,000.00$ -$ -$ Sequoia Union High School District 2,150,000.00 7/1/2027 1004 -$ -$ -$ 2,150,000.00$ -$ -$ Saddleback Valley Unified School Dis 1,805,000.00 8/1/2027 1035 -$ -$ -$ 1,805,000.00$ -$ -$ San Diego Community College District 1,300,000.00 8/1/2027 1035 -$ -$ -$ 1,300,000.00$ -$ -$ Mountain View Whisman School Distric 970,000.00 9/1/2027 1066 -$ -$ -$ 970,000.00$ -$ -$ Municipal Bonds 3,455,000.00$ 19,273,530.72$ 18,410,000.00$ 9,065,000.00$ -$ -$ 25 of 29Page 161 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Reporting Date:9/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Uinta Bank 247,000.00 10/16/2024 16 247,000.00$ -$ -$ -$ -$ -$ MutualBank 249,000.00 10/22/2024 22 249,000.00$ -$ -$ -$ -$ -$ FirstBank of Nebraska 249,000.00 10/30/2024 30 249,000.00$ -$ -$ -$ -$ -$ Enterprise Bank & Trust 249,000.00 11/8/2024 39 249,000.00$ -$ -$ -$ -$ -$ Maine Savings Bank 245,000.00 11/8/2024 39 245,000.00$ -$ -$ -$ -$ -$ Triad Bank 249,000.00 11/8/2024 39 249,000.00$ -$ -$ -$ -$ -$ Commercial Bank 249,000.00 11/13/2024 44 249,000.00$ -$ -$ -$ -$ -$ Community State Bank 249,000.00 12/2/2024 63 249,000.00$ -$ -$ -$ -$ -$ Communitybank of Texas, National Ass 249,000.00 12/4/2024 65 249,000.00$ -$ -$ -$ -$ -$ Bank Forward 249,000.00 12/18/2024 79 249,000.00$ -$ -$ -$ -$ -$ Freedom Financial Bank 249,000.00 2/14/2025 137 249,000.00$ -$ -$ -$ -$ -$ First National Bank of Michigan 249,000.00 2/14/2025 137 249,000.00$ -$ -$ -$ -$ -$ American State Bank 249,000.00 2/21/2025 144 249,000.00$ -$ -$ -$ -$ -$ Bell Bank 249,000.00 2/27/2025 150 249,000.00$ -$ -$ -$ -$ -$ American Eagle Bank 249,000.00 2/28/2025 151 249,000.00$ -$ -$ -$ -$ -$ Clear Fork Bank National Association 249,000.00 2/28/2025 151 249,000.00$ -$ -$ -$ -$ -$ Horizon Bank 249,000.00 2/28/2025 151 249,000.00$ -$ -$ -$ -$ -$ Iowa State Bank 248,000.00 3/5/2025 156 248,000.00$ -$ -$ -$ -$ -$ McHenry Savings Bank 249,000.00 3/13/2025 164 249,000.00$ -$ -$ -$ -$ -$ Access Bank 249,000.00 3/13/2025 164 249,000.00$ -$ -$ -$ -$ -$ FNB Bank, Inc.249,000.00 3/18/2025 169 249,000.00$ -$ -$ -$ -$ -$ Central Bank 249,000.00 3/27/2025 178 249,000.00$ -$ -$ -$ -$ -$ The Bank of Romney 249,000.00 3/27/2025 178 249,000.00$ -$ -$ -$ -$ -$ San Francisco Federal Credit Union 249,000.00 3/27/2025 178 249,000.00$ -$ -$ -$ -$ -$ The Hardin County Bank 249,000.00 3/27/2025 178 249,000.00$ -$ -$ -$ -$ -$ Knoxville TVA Employees Credit Union 249,000.00 3/31/2025 182 249,000.00$ -$ -$ -$ -$ -$ CenterState Bank Of Florida 248,000.00 3/31/2025 182 248,000.00$ -$ -$ -$ -$ -$ Gold Coast Bank 249,000.00 4/15/2025 197 -$ 249,000.00$ -$ -$ -$ -$ Synchrony Bank 248,000.00 4/17/2025 199 -$ 248,000.00$ -$ -$ -$ -$ State Bank of India - New York Branc 248,000.00 4/29/2025 211 -$ 248,000.00$ -$ -$ -$ -$ Belmont Bank & Trust Company 249,000.00 4/30/2025 212 -$ 249,000.00$ -$ -$ -$ -$ M1 Bank 248,000.00 5/8/2025 220 -$ 248,000.00$ -$ -$ -$ -$ Alliant Credit Union 249,000.00 12/30/2027 1186 -$ -$ -$ -$ 249,000.00$ -$ Negotiable CD 6,715,000.00$ 1,242,000.00$ -$ -$ 249,000.00$ -$ International Bank for Recon and Dev 3,000,000.00 11/25/2024 56 3,000,000.00$ -$ -$ -$ -$ -$ International Bank for Recon and Dev 3,500,000.00 7/29/2025 302 -$ 3,500,000.00$ -$ -$ -$ -$ Inter-American Development Bank 3,000,000.00 6/2/2026 610 -$ -$ 3,000,000.00$ -$ -$ -$ International Finance Corporation 4,000,000.00 10/8/2026 738 -$ -$ -$ 4,000,000.00$ -$ -$ Inter-American Development Bank 6,000,000.00 2/1/2027 854 -$ -$ -$ 6,000,000.00$ -$ -$ International Bank for Recon and Dev 5,000,000.00 8/1/2028 1401 -$ -$ -$ -$ 5,000,000.00$ -$ Supranational 3,000,000.00$ 3,500,000.00$ 3,000,000.00$ 10,000,000.00$ 5,000,000.00$ -$ United States 5,500,000.00 10/17/2024 17 5,500,000.00$ -$ -$ -$ -$ -$ United States 5,000,000.00 10/17/2024 17 5,000,000.00$ -$ -$ -$ -$ -$ United States 6,500,000.00 11/14/2024 45 6,500,000.00$ -$ -$ -$ -$ -$ United States 3,000,000.00 11/30/2024 61 3,000,000.00$ -$ -$ -$ -$ -$ United States 9,500,000.00 12/12/2024 73 9,500,000.00$ -$ -$ -$ -$ -$ 26 of 29Page 162 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Reporting Date:9/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years United States 4,750,000.00 12/31/2024 92 4,750,000.00$ -$ -$ -$ -$ -$ United States 8,000,000.00 1/7/2025 99 8,000,000.00$ -$ -$ -$ -$ -$ United States 6,750,000.00 5/31/2025 243 -$ 6,750,000.00$ -$ -$ -$ -$ United States 6,750,000.00 7/15/2025 288 -$ 6,750,000.00$ -$ -$ -$ -$ United States 3,000,000.00 8/15/2025 319 -$ 3,000,000.00$ -$ -$ -$ -$ United States 6,500,000.00 9/15/2025 350 -$ 6,500,000.00$ -$ -$ -$ -$ United States 6,750,000.00 10/15/2025 380 -$ -$ 6,750,000.00$ -$ -$ -$ United States 8,000,000.00 1/31/2026 488 -$ -$ 8,000,000.00$ -$ -$ -$ United States 5,000,000.00 3/15/2026 531 -$ -$ 5,000,000.00$ -$ -$ -$ United States 2,400,000.00 4/15/2026 562 -$ -$ 2,400,000.00$ -$ -$ -$ United States 5,000,000.00 5/15/2026 592 -$ -$ 5,000,000.00$ -$ -$ -$ United States 5,000,000.00 6/15/2026 623 -$ -$ 5,000,000.00$ -$ -$ -$ United States 3,500,000.00 8/15/2026 684 -$ -$ 3,500,000.00$ -$ -$ -$ United States 6,500,000.00 12/15/2026 806 -$ -$ -$ 6,500,000.00$ -$ -$ United States 3,200,000.00 2/15/2027 868 -$ -$ -$ 3,200,000.00$ -$ -$ United States 5,000,000.00 4/30/2027 942 -$ -$ -$ 5,000,000.00$ -$ -$ United States 5,500,000.00 4/30/2027 942 -$ -$ -$ 5,500,000.00$ -$ -$ United States 8,000,000.00 8/15/2027 1049 -$ -$ -$ 8,000,000.00$ -$ -$ United States 6,000,000.00 11/30/2027 1156 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,000,000.00 12/31/2027 1187 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,000,000.00 1/31/2028 1218 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,400,000.00 2/15/2028 1233 -$ -$ -$ -$ 6,400,000.00$ -$ United States 8,000,000.00 7/31/2028 1400 -$ -$ -$ -$ 8,000,000.00$ -$ United States 6,000,000.00 9/30/2028 1461 -$ -$ -$ -$ -$ 6,000,000.00$ United States 6,500,000.00 10/31/2028 1492 -$ -$ -$ -$ -$ 6,500,000.00$ United States 7,000,000.00 3/31/2029 1643 -$ -$ -$ -$ -$ 7,000,000.00$ United States 7,500,000.00 6/30/2029 1734 -$ -$ -$ -$ -$ 7,500,000.00$ US Treasury 42,250,000.00$ 23,000,000.00$ 35,650,000.00$ 28,200,000.00$ 32,400,000.00$ 27,000,000.00$ Neighborhood National Bank 4,021,172.47 8/14/2025 318 -$ 4,021,172.47$ -$ -$ -$ -$ Placement Service Deposits Total Maturity 99,973,000.00$ 117,154,530.72$ 131,879,000.00$ 130,946,000.00$ 58,399,000.00$ 72,250,000.00$ 610,601,530.72$ 1.91 Weighted Average Maturity (in years) 3.62%Weighted Yield to Maturity 27 of 29Page 163 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution Issuer Maturity Date CUSIP Purchase YTM Original Par GICS Sector PayPal Holdings, Inc.10/1/2024 70450YAC7 0.64 950,000.00 Information Technology BNY Mellon Corp 10/24/2024 06406RAL1 1.16 1,000,000.00 Financials Caterpillar Inc.11/8/2024 14913Q3B3 1.07 3,000,000.00 Industrials The Hershey Company 11/15/2024 427866BC1 1.88 677,000.00 Consumer Staples Adobe Inc.2/1/2025 00724FAC5 3.12 2,595,000.00 Information Technology PACCAR Inc 2/6/2025 69371RQ66 0.67 1,000,000.00 Financials Toyota Motor Corporation 2/13/2025 89236TGT6 1.04 1,000,000.00 Consumer Discretionary 3M Company 2/14/2025 88579YBH3 1.44 2,500,000.00 Industrials W.W. Grainger, Inc.2/15/2025 384802AE4 1.85 580,000.00 Industrials Deere & Company 3/13/2025 24422EUE7 1.11 1,250,000.00 Industrials Intel Corporation 3/25/2025 458140BP4 4.51 2,001,000.00 Information Technology Amazon.com, Inc.4/13/2025 023135CE4 2.99 3,000,000.00 Consumer Discretionary Target Corporation 4/15/2025 87612EBL9 1.74 3,000,000.00 Consumer Discretionary Apple Inc.5/11/2025 037833DT4 1.12 1,131,000.00 Information Technology Honeywell International Inc.6/1/2025 438516CB0 1.15 3,000,000.00 Industrials Amazon.com, Inc.6/3/2025 023135BQ8 1.19 1,678,000.00 Consumer Discretionary JPMorgan Chase & Co.7/15/2025 46625HMN7 1.74 2,000,000.00 Financials PACCAR Inc 8/11/2025 69371RR99 4.36 2,300,000.00 Financials State Street Corporation 8/18/2025 857477AT0 3.10 1,600,000.00 Financials Cummins Inc.9/1/2025 231021AU0 1.20 743,000.00 Industrials Cummins Inc.9/1/2025 231021AU0 1.20 2,257,000.00 Industrials The Home Depot, Inc.9/15/2025 437076BK7 3.07 3,200,000.00 Consumer Discretionary Toyota Motor Corporation 10/16/2025 89236THP3 1.41 3,000,000.00 Consumer Discretionary Visa Inc.12/14/2025 92826CAD4 2.72 2,500,000.00 Financials PepsiCo, Inc.2/24/2026 713448DF2 4.31 1,872,000.00 Consumer Staples Cisco Systems, Inc.2/28/2026 17275RBC5 4.31 3,500,000.00 Information Technology Target Corporation 4/15/2026 87612EBE5 4.26 1,850,000.00 Consumer Discretionary Target Corporation 4/15/2026 87612EBE5 4.26 1,901,000.00 Consumer Discretionary PACCAR Inc 5/11/2026 69371RR32 4.33 3,000,000.00 Financials Walmart Inc.7/8/2026 931142EM1 4.09 1,900,000.00 Consumer Discretionary Cisco Systems, Inc.9/20/2026 17275RBL5 4.04 1,150,000.00 Information Technology NIKE, Inc.11/1/2026 654106AF0 3.13 1,035,000.00 Consumer Discretionary Honeywell International Inc.11/1/2026 438516BL9 3.02 1,185,000.00 Industrials Illinois Tool Works Inc.11/15/2026 452308AX7 4.82 1,421,000.00 Industrials Abbott Laboratories 11/30/2026 002824BF6 4.69 1,000,000.00 Health Care Duke Energy Corporation 12/1/2026 26442CAS3 4.29 7,500,000.00 Energy Royal Bank of Canada 1/19/2027 78016HZT0 4.75 6,500,000.00 Financials Morgan Stanley 1/20/2027 61746BEF9 5.62 2,500,000.00 Financials JPMorgan Chase & Co.1/29/2027 46647PBA3 5.86 2,500,000.00 Financials Bank of America Corporation 3/2/2027 06048WS84 2.75 4,000,000.00 Financials The Charles Schwab Corporation 3/3/2027 808513BY0 3.34 2,205,000.00 Financials PepsiCo, Inc.3/19/2027 713448ER5 3.14 1,935,000.00 Consumer Staples Costco Wholesale Corporation 5/18/2027 22160KAM7 4.29 3,200,000.00 Consumer Discretionary Merck & Co., Inc.6/10/2027 58933YBC8 3.16 3,200,000.00 Health Care The Home Depot, Inc.6/25/2027 437076DB5 4.76 7,500,000.00 Consumer Discretionary National Rural Utilities Cooperative 9/16/2027 63743HFT4 4.04 7,500,000.00 Utilities JPMorgan Chase & Co.4/22/2028 46647PEE2 5.19 6,000,000.00 Financials Deere & Company 1/16/2029 24422EXH7 4.56 6,250,000.00 Industrials Caterpillar Inc.2/27/2029 14913UAJ9 4.77 7,000,000.00 Financials BlackRock, Inc.3/14/2029 09290DAA9 4.56 6,800,000.00 Financials The Toronto-Dominion Bank 4/5/2029 89115A2Y7 4.98 6,800,000.00 Financials Met Tower Global Funding 4/12/2029 58989V2H6 5.49 7,000,000.00 Financials 154,166,000.00 28 of 29Page 164 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda GICS Sector Amount Percent Communication Services - 0.00% Consumer Discretionary 32,264,000.00 20.93% Consumer Staples 4,484,000.00 2.91% Energy 7,500,000.00 4.86% Financials 64,705,000.00 41.97% Health Care 4,200,000.00 2.72% Industrials 22,186,000.00 14.39% Information Technology 11,327,000.00 7.35% Materials - 0.00% Real Estate - 0.00% Utilities 7,500,000.00 4.86% Total 154,166,000.00 100.00% Consumer Discretionary 21% Consumer Staples 3% Energy 5% Financials 42% Health Care 3% Industrials 14% Information Technology 7% Utilities 5% CORPORATE BONDS -SECTOR DISTRIBUTION 29 of 29Page 165 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Roof Maintenance and Replacement: Approve a First Amendment with Garland DBS, Inc. to Extend the Term of the Contract and Increase the Maximum Not-to-Exceed Amount to Address the Needs at City Hall, Public Works, Fire Stations, and Recreation Centers Report Number: 24-0284 Location: No specific geographic location Department: Public Works G.C. § 84308: Yes Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities). Recommended Action Adopt a resolution approving the first amendment to the agreement with Garland DBS, Inc., for roof replacement, repair, and maintenance services to extend the contract term and increase the maximum not- to-exceed contract amount from $2,000,000 to $6,000,000 over the term of the agreement. SUMMARY On June 17, 2024, the City entered into a cooperative agreement for Citywide roof replacement, repair, and maintenance services with Garland DBS, Inc. (Agreement 2024-068). Approval of this item will (1) extend the term of the agreement through the end of the cooperative contract’s term (June 30, 2029) and (2) increase the maximum not-to-exceed contract amount from $2,000,000 to $6,000,000. This would allow the City flexibility to continue using Garland DBS’ services to replace, repair, and maintain roofs at City facilities throughout the term of the contract. 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), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic Page 166 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 highway, or cause a substantial adverse change in the significance of a historical res ource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On June 17, 2024, the City entered into a cooperative agreement for Citywide roof replacement, repair, and maintenance services with Garland DBS, Inc. (Agreement 2024-068). Services that the City may require include, but are not limited to: A. Roof replacements B. Roof Maintenance C. Roof Repairs The initial term of the agreement was through June 17, 2026 and included a not-to-exceed amount of $2,000,000. Since approval of the initial agreement with Garland DBS, City Staff has been satisfied with the performance of Garland DBS, Inc. and is recommending further extending the contract through the end of the term of the cooperative agreement. With this change, the contract will now end June 30, 2029. During the initial months of the agreement, the City utilized approximately $1,600,000 of the contract amount for roof replacements at Heritage, Lauderbach, Montevalle and Salt Creek Community Centers, and Fire Station #7, and roof maintenance and repairs. The City anticipates reaching the current maximum not- to-exceed limitation within the current set of projects. However, those projects do not reflect roofing repair and replacement needs at City Hall, the Public Works building, other fire stations, and recreation centers. Funding is allocated within the Measure P expenditure plan for further roofing work, but the contract needs to be modified to allow additional spending capacity. Due to the number of roofs that still require work, and Garland’s satisfactory performance, staff recommends extending this contract and amending the not-to- exceed amount. Staff is requesting that the not-to-exceed amount be increased to $6,000,000. This would allow the City flexibility to continue using Garland DBS’ services to replace, repair, and maintain roofs at City facilities throughout the term of the contract over the next five years. The actual spend on the contract will depend on available funding. 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. Page 167 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT The fiscal year 2024-25 Public Works Department budget and Measure P Sales Tax Fund include funding for this contract. There is no additional current fiscal year impact as a result of approval of the resolution. ONGOING FISCAL IMPACT Funding for the contract will be included in the annual budgets for the Public Works Department and the Measure P Sales Tax Fund as part of the annual budgeting process. ATTACHMENTS 1. Original Cooperative Purchasing Agreement between City of Chula Vista and Garland DBS Inc. for Roof Replacement, Repair, and Maintenance on City Facilities 2. Proposed First Amendment to the Agreement between the City of Chula Vista and Garland DBS Inc. for Roof Replacement, Repair, and Maintenance on City Facilities Staff Contact: Angelica Aguilar, Assistant Director of Public Works David White, Building Services Manager Tessa Nguyen, Principal Management Analyst Matthew Little, PE, Deputy City Manager /Director of Public Works Page 168 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Item 5.8 – Revised 11/12/2024 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH GARLAND DBAS, INC. TO PROVIDE ROOF REPLACEMENT, REPAIR AND MAINTENANCE TO CITY FACILITIES WHEREAS, the City has need for roofing maintenance, repair, and replacement of City facility roofs; and WHEREAS, City previously entered into a Cooperative Purchasing Agreement with Garland DBAS, Inc., to provide Roofing Services (the “Agreement”), through Omnia Partners in accordance with Chula Vista Municipal Code Section 2.56.140 for cooperative purchasing agreements of $2,000,000 or less; and WHEREAS, Garland DBAS, Inc. (“Garland”) warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required in accordance with the time frames and the terms of the Agreement; and WHEREAS, the City and Garland desire to amend the Agreement to extend the expiration date to June 30, 2029 and to increase the not-to-exceed amount from $2,000,000 to $6,000,000 for the duration of the Agreement to allow Garland to continue to provide roof repair and maintenance services on additional City facilities; and WHEREAS, there is sufficient funding available to fund this increase consistent with the fiscal year 2024-25 Public Works Department budget and Measure P Sales Tax Expenditure Plan; 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 Garland DBAS, Inc. to provide Roof Replacement, Repair, and 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 Matt Little, PE Marco A. Verdugo Deputy City Manager/Director of Public Works City Attorney Page 169 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 1 of 7 CITY OF CHULA VISTA COOPERATIVE PURCHASING AGREEMENT WITH GARLAND DBS INC. TO PROVIDE SELECT ROOF REPLACEMENT ON CITY FACILITIES, ROOF REPAIRS AND ROOF MAINTENANCE ON CITY FACILITIES. This Cooperative Purchasing Agreement (“Agreement”) is made and entered into between the City of Chula Vista, a California chartered municipal corporation (“City”) and Garland DBS Inc. (“Contractor or Vendor”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Vendor was selected by OMNIA Partners for Roofing Supplies and Services, Waterproofing, and Related Products, and Services Contracted pursuant to PW1925, 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 roof replacement, repairs & maintenance which includes furnishing, installing and commissioning at City of Chula Vista Facilities. WHEREAS, City desires to enter into an agreement with Vendor through a cooperative purchasing arrangement on the terms and conditions set forth in the Original Contract and this Agreement; WHEREAS, Vendor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Vendor 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 Vendor agrees to supply and deliver to City the following goods, products, supplies, and materials as follows: A. Roof replacements DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 170 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 2 of 7 B. Roof maintenance C. Roof repairs Vendor will provide a detailed scope of work on a project by project basis. Exhibit A (Original Contract) and Exhibit B (Sample project proposals), shall be referred to in this Agreement as the Required Services.” Without limiting Vendor’s obligations to fully comply with all terms and conditions of this Agreement, Vendor agrees to perform the Required Services in strict accordance with Exhibit A (Original Contract) and Exhibit C (Required Services General Provisions) which are attached hereto and incorporated herein by reference. 2. Term of the Agreement The effective date of this Agreement is June 17, 2024 (“Effective Date”) and expires on June 30, 2026, unless earlier terminated as provided herein. 3. Payment Terms For performance of the Required Services by Contractor, City shall pay Contractor as provided in Exhibit D, which is attached hereto and 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 E, which is attached hereto and incorporated herein by reference. 5. Indemnity Contractor must indemnify, defend, and hold harmless the Indemnified Parties (as defined in Exhibit F) as provided in Exhibit F, which is attached hereto and incorporated herein by reference. 6. Conflicts of Interest 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 Interest form Form 700). In order to assure compliance with these requirements, Contractor shall comply with the disclosure requirements identified in the attached Exhibit G, attached, and incorporated into the Agreement by this reference. 7. Prevailing Wages Contractor shall comply with all Labor Code, Public Contract Code, and Department of Industrial Relations requirements, including those set forth in Exhibit H, attached and incorporated into the Agreement by this reference. 8. Bonds DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 171 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 3 of 7 Prior to commencing work under this Agreement, Contractor shall secure the bonds described in Exhibit I, attached and incorporated into the Agreement by this reference, to the City’s satisfaction. 9. Authorized Representatives and Notices The City hereby designates as its Authorized Representative: Jake Songhurst, Facility Manager jsonghurst@chulavistaca.gov David White, Building Services Manager Dwhite@chulavistaca.gov 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 address[es] identified in this Agreement. Notices, demands, or requests sent to City shall be submitted to: Jake Songhurst, Facility Manager jsonghurst@chulavistaca.gov Public Works Operations Department 1800 Maxwell Road, Chula Vista, CA 91911 619) 397-6149 David White, Building Services Manager Dwhite@chulavistaca.gov Public Works Operations Department 1800 Maxwell Road, Chula Vista, CA 91911 619) 495-1070 For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov Notices, demands, or requests sent to Contractor shall be submitted to: DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 172 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 4 of 7 Evan Clark, Project Manager Garland DBS Inc. 3800 E 91 Street Cleveland, OH 44105 Email: clark@garlandco.com 10. Remedies. 10.1 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 10.1, 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 amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any reasonable costs incurred or projected to be incurred by City as a result of the Default. 10.2 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 Work Product and Required Services 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 together with reasonable demobilization costs including but not limited to rental fees up to the earliest date for cancellation. 10.3 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 10. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 173 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 5 of 7 10.4 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. 11. 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 12. General Provisions 12.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 12.2 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. 12.3 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 obligations hereunder without any further action or direction from Contractor or any board, principle, or officer thereof. 12.4 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. 12.5 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. 12.6 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. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 174 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Page 6 of 7 12.7 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. 12.8 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. 12.9 Compliance with Laws. For any and all actions or omissions related to or in furtherance of this Agreement, Vendor shall comply with any and all applicable federal, state, and local laws, including the Chula Vista Municipal Code. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 175 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda greement #2024-068 Page 7 of 7 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. For: CITY OF CHULA VISTA Date: _______________________________ By: ___________________________ Sarah Schoen, Finance Director For: Garland/DBS, Inc. Date: _______________________________ By: ___________________________ Brian Lambert President APPROVED AS TO FORM Marco A. Verdugo City Attorney EXHIBITS A – Original Contract, Contract No. PW1925 B – Garland Scope of Work C – Required Services General Provisions D – Payment Terms E – Insurance Requirements F – Indemnity Requirements G – Contractor Conflict of Interest Designation H – DIR/Prevailing Wages I – Bonds J – Construction Schedule, Progress of Work and Time of Completion DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 6/20/2024 For 6/24/2024 Page 176 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT A ORIGINAL CONTRACT No. PW1925 See Attached) DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 177 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT B ADDITIONAL DESCRIPTION OF SERVICES Garland Scope of Work See Attached) DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 178 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT C REQUIRED GENERAL SERVICES C.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. C.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. C.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. C.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. C.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. C.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 this Agreement, or as otherwise prescribed by the City Attorney. C.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. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 179 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT D PAYMENT TERMS There are no reimbursable costs under this Agreement. The compensation identified herein includes all costs. Maximum Contract Amount. Vendor will provide quotes on a project-by-project basis in compliance with the Omnia contract. The Public Works Director or designee shall have authority to approve change orders or amendments up to the allocated budget. The total amount to be paid to the Contractor for performance of the Required Services, plus approved change orders not to exceed $2,000,000. Permitted Subcontractors. A Good Roofer, Inc. 11651 Riverside Dr. Lakeside, CA 92040 619)561-7600 License # 685015 DIR # 1000000746 Trade: Roofing Chambers Inc. DBA Roof Construction 1563 Sterling Ct. Escondido, CA 92029 760) 738-1050 License # 647203 DIR # 1000001961 Trade: Roofing DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 180 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 Payment Schedule Single Fixed Fee - For performance of all of the Required Services by Contractor/Service Provider as herein required, City shall pay a single fixed fee based on proposed quote from Garland/purchase order, upon completion of all Required Services to City’s satisfaction. A. Roof replacements – will be paid at completion of each site. B. Roof maintenance – will be paid at completion of all sites. C. Roof repairs – will be paid at completion of all sites. See Attachment B for sample of proposed work. Future work will be quoted in a similar manner and issued a new purchase order. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 181 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT E INSURANCE REQUIREMENTS E.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 E.13 (“Required Insurance”). The Required Insurance shall also comply with all other terms of this Exhibit. E.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. E.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. E.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. E.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 E.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 (04/13) (11/85) or its equivalent, i.e., CG2037 (4/13); such endorsement must not exclude Products/Completed Operations coverage. Additional insured status for both ongoing and completed operations will be extended to City, its officers, officials, employees, agents, and volunteers by Contractor’s independent Subcontractor performing onsite installation. E.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. E.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). DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 182 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 E.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. E.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. E.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. E.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. E.12 Additional Coverage. To the extent that insurance coverage provide by Contractor maintains higher limits than the minimums appearing below in E.13, City requires and shall be entitled to coverage for higher limits maintained. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 183 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 E.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 DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 184 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT F INDEMNITY REQUIREMENTS F.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 negligent 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, active negligence, or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by, or claimed to be caused by 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. F.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 F.1, above, shall be limited to the extent required by California Civil Code Section 2782.8. F.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 one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. F.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. F.5 Enforcement Costs. Contractor agrees to pay any and all costs City incurs in enforcing Contractor’s obligations under these Indemnity Provisions. F.6 Survival. Contractor’s obligations under these Indemnity Provisions shall survive the termination of this Agreement. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 185 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT G 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). DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 186 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 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. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 187 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT H DIR/PREVAILING WAGES DIR/Prevailing Wages - No Contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Labor Code section 1725.5. No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and its subcontractors are required by California Labor Code sections 1771 and 1774 to pay prevailing wages ("Prevailing Wage Rates") to persons employed by them for work in a covered work classification under this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City has ascertained the general prevailing wage scales are applicable to the work to be done. The prevailing wage scales are those determined. If Contractor intends to use a craft or classification not shown on the general prevailing wage rates determinations may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general wage rates determinations effective at the time of the call for bids. Apprenticeship - Contractor acknowledges and agrees that it is responsible for compliance with all state law requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, and elsewhere, which are fully incorporated herein by this reference. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 188 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT I BONDS Bonds - Security for Performance: Contractor shall procure Performance and Labor and Material Bonds for 100% of the contract amount for the Work, that are to be issued by a Surety authorized to transact such business in the State of California, be listed as approved by the United States Department of Treasury Circular 570, and who Underwriting Limitation is sufficient to issue bonds in the amount required by any contract entered into pursuant to this Notice. Approved listing can be obtained through the United States Department of Treasury’s website www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required during the course of the Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and must meet the same criteria. No substitutions shall be allowed. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 189 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Agreement #2024-068 EXHIBIT J CONSTRUCTION SCHEDULE, PROGRESS OF WORK AND TIME OF COMPLETION It shall be agreed by the parties to the contract that all work called for under the contract in all parts and requirements shall be finished or completed within the number of working days as set forth in the contract. The Contractor shall provide the Project Manager written notice of the specific date upon which he or she plans to commence work. Notice shall be given at least FORTY-EIGHT (48) hours in advance. Once work is started, the Contractor shall conduct their operations for continuous progress of work on a daily basis. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of working days specified, the Public Works Director shall have the right to increase the number of calendar working days or not, as he or she may deem best to serve the interest of the City. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the City Engineer documentary proof that he/she has made every effort to obtain such materials from all known sources and could not receive promise of delivery from any available source in time to complete the work called for in the contract, in accordance with Section 6 of the City Standard Special Provisions Prosecution, “Progress and Acceptance of the Work”. The Contractor shall provide documentation from the supplier showing delivery dates of materials included with the suspension of work request together with an estimated date of recommencement of work for the project. DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 190 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Purchasing Department 730 Wisconsin Avenue Racine, WI 53403 262-636-3700 fax: 262-636-3763jRacineCounty ISC O NSIN ---==--------::::-:':'-:=:--:'.'"""'.'.':'.'.'.'.:-::::=::::::::::=:=::-==-------- ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 This Contract made and entered into this d--'l day of S-t.MR..f\"\9:{,t . 2019, by and between Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 hereinafter referred to as "COUNTY") and Garland/DBS, Inc., 3800 East 91st Street, Cleveland, Ohio 44105 (hereinafter referred to as "CONTRACTOR"). WIT N ES S ETH: For good and valuable consideration, the parties agree as follows: 1.WORK: CONTRACTOR shall provide ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES: The undersigned parties understand and agree to comply with and be bound by the entire contents of Sealed Bid# PW1925: ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES PROJECT MANUAL (aka, the Contractor's Bid Proposal submitted September 4, 2019) which is incorporated herein by reference. CONTRACTOR understands and agrees that the bonds and insurance required by the Project Manual are to be kept current at all times through the length of each term and for 90 Days following completion of each term. Bonds and insurance must be renewed and presented to the COUNTY at the time of each renewal term if COUNTY chooses to renew. Bonds and insurance shall be written by a firm acceptable to the COUNTY as specified in the Project Manual. 2.TERM: October 15, 2019, to October 14, 2024, with full renewal of one (1) additional five (5) year term per the Project Manual. COUNTY shall exercise renewal options by issuance and delivery to CONTRACTOR of a written notice to renew this Agreement. 3.PROJECT: ROOFING SUPPLIES AND SERVICES, WATERPROOFING AND RELATED PRODUCTS AND SERVICES in accordance with the Project Manual. 4.PRICE: Price as stated for all schedules included in the Project Manual. EXHIBITADocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 191 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda XHIBITADocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 192 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Munis Contract #: Yes No Signed by vendor: Yes No DocuSign Contract Type Non Encumber Expense Encumber Expense HSD PO Expense Revenue Vendor/Customer #: Department: Sub Department: Brief Description of Services: Contact/administrator: Contact Munis ID: Contract Start: Accounts Information Year If additional account lines are necessary, attach a schedule. Total: Have you read the agreement: Yes No Do you understand & agree with the Terms: Yes No Are there things that you think should be changed in this Contract: Yes No Was a resolution passed to authorize the original contract: Yes No If yes, indicate the resolution number:(attach a copy of the resolution) Is there a required signature date: Yes No Corp Counsel Stamp: County Clerk Stamp: Racine County Contract & Contract Amendment Form Attach one copy of the contract to be filed. Attach more copies if required by vendor. Amendment: Vendor Name: Full Address: Contract End: If this is a multi year contract - Committee and County Board authorization is needed before the contract can be processed. By completing this form, Procurement Policy has been followed. Account Name:Account Number Amended Amount New Contract Amount If yes, please attach a memo stating the changes you think should be made. If yes, what date: Upon complete execution of this contract, an original copy must be placed on file with the County Clerk along with this cover sheet. This form is to be printed on Pastel Yellow paper.Updated 111320 BE 1718 n 6557 GARLAND/DBS 3800 EAST 91ST ST CLEVELAND OH 44105 FINANCE AMENDMENT 5 YEAR EXTENSION ROOFING SUPPLIES AND SERVICES Duane McKinney 6750dmckinne 10/15/2019 10/14/2029 13500000.400000 0.00 n n DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716BDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 193 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda OOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 AMENDMENT NO. ELEVEN (11) This Amendment No. Eleven is effective December 15, 2023 and is to modify the ROOFING SUPPLIES AND SERVICES, WATERPROOFING, AND RELATED PRODUCTS AND SERVICES CONTRACT 2019 agreed upon by Racine County, Wisconsin, 730 Wisconsin Avenue, Racine, Wisconsin 53403 (“County”) and Garland/DBS, Inc. 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”) (hereinafter each a “Party” and collectively referred to as “Parties”) on September 27, 2019 (“Contract”). The Parties hereby agree to amend the Contract as follows: TERM: The County is exercising the remaining renewal option for one (1) five (5) year term through October 14, 2029. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. RACINE COUNTY BY: _______________________ Jonathan Delagrave Racine County Executive DATE: _______________________ BY: _______________________ Wendy M. Christensen Racine County Clerk DATE: _______________________ GARLAND/DBS Inc. BY: _______________________ DATE: _______________________ DocuSign Envelope ID: 93DC32B6-E0CD-4AA8-AA5C-8108E1D9716B 12/28/2023 12/28/2023 1/2/2024 1/3/2024 1/3/2024 DocuSign Envelope ID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 194 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. City of Chula Vista Fire Station #7 1640 Santa Venetia St. Chula Vista, CA 91913 City of Chula Vista Chula Vista, CA 91913 333 Oxford St. Chula Vista, CA 91911 City of Chula Vista Heritage Community Center 1381 E Palomar St. Montevalle Community Center 840 Duncan Ranch Rd. Chula Vista, CA 91914 City of Chula Vista Lauderbach Community Center MICPA # PW1925 CA General Contractor License #: 949380 DIR#: 1000000134 Date Submitted: 02/23/2024 Proposal #: 25-CA-231284 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Chula Vista Salt Creek Rec Center 2710 Otay Lakes Rd. Chula Vista, CA 91915 Page 1 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 195 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. Scope of Work: Salt Creek Rec Center & Fire Station #7 Contractor must apply masking tape to any finished surfaces that are not receiving coating to avoid coating spillover. Any coating spillover detected on finished surfaces will be the responsibility of the Roofing Contractor to clean and remove. Remove existing counter-flashing. Metal to be reinstalled upon completion of new roof system installation. Any damage to the existing metal during this process is the responsibility of the Roofing Contractor to replace to match existing. Fluid Applied Roof Restoration (Partially Reinforced) Contractor to provide a 5-year warranty. Apply UniBond ST 6” reinforcement tape to all base flashing and field seams. Install LiquiTec coating at 1.5 gal per sq. to all tape on vertical wall flashing and field membrane seams prior to coating the roof. Tape must be fully saturated with coating. Internal Drains: Install new cast iron strainers. Three-course corners with white, polyether mastic – KEE-Lock Mastic – and mesh fabric – GarMesh 6”. Reset rings and bolt tight. Install polyurea base coat – LiquiTec – over entire roof field and vertical walls at 2.0 gal per sq. Allow 24 hour cure time. Install polyurea top coat – LiquiTec – over entire roof field and vertical walls at 2.0 gal per sq. Sheet Metal: a. Downspouts: Re-use. b. Coping Metal: Re-use. Seal all joints with Tuff-Stuff MS True White. c. Counterflashing: Re-use. d. Sheet Metal Pans: Seal all brackets with KEE-Lock Mastic. Scope of Work: Montevalle, Lauderbach, & Heritage Community Center Existing Mineral Surfaced Modified Bitumen & Gravel BUR Sections Contractor is responsible to protect all finished surfaces with plywood, ram board or appropriate material. Any damage to City property will be the responsibility of the roofing contractor. Walk-Pads: New ½” TrafGard Walkpads to be installed around all serviceable equipment and spot adhered with KEE-Lock Mastic. Pressure-wash the entire roof surface using a min 2,000 psi and Simple Green. Allow sufficient time for roof to dry. Repair all blisters, mole runs, splits, or damaged cap sheet by cutting open and three-coursing with LiquiTec and Grip Polyester Soft 6”. Seal all penetrations with white, polyether mastic – KEE-Lock Mastic – prior to LiquiTec installation. Caulk collars with Tuff-Stuff MS. Sweep, remove, and dispose of all dirt and debris on the roof. Page 2 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 196 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2. 3. 4. 5. 6. 7. 8. 9. 10. Apply Pyramic Plus LO coating at 3.0 gal per sq to the entire roof system. Coating is to be applied in two passes at 1.5 gal per sq. each. Allow 24 hour cure time between each coat. a. Montevalle roof to be coated with Cool-Sil HB White at same coverage rate. Embed 400 lbs of 3/8” white rock into the coating at the low point of the roof. Penetrations: Install new lead jacks over the finished roof system. Prime lead with Garla- Prime VOC and strip in with 12” StressPly FR Mineral flashing ply set in Green-Lock Plus Membrane Adhesive at 2.0-2.5 gal per sq. Clamp and caulk collars with Tuff-Stuff MS and install umbrella covers. Install new crickets fabricated from polyisocyanurate insulation a min 2x the roof slope on vertical walls to ensure positive drainage. a. Lauderbach only. Install SBS-modified base sheet – StressBase 80 Plus – by cold-process application using Green-Lock Plus Membrane Adhesive at 2.0-2.5 gal per sq. Install SBS modified membrane – StressPly FR Mineral – using Green-Lock Plus Membrane Adhesive at 2.0-2.5 gal per sq. Curb & Wall Base Flashings: Apply new single cant strip at all curb/wall details. Mechanically attach rosin paper. Apply SBS modified base flashing ply – StressBase 80 Plus – using Green-Lock Plus Flashing Adhesive at 3 gal per sq extending 6” onto the roof field. Overlap with an SBS modified flashing cap ply – StressPly FR Mineral – in all flashing areas using Green-Lock Plus Flashing Adhesive at 3 gal per sq. extending 9” onto the roof field. Total coverage of 6.0 gal per sq for Green-Lock Plus Flashing Adhesive. a. All flashing plies to be secured with a termination bar set in Butyl Sealing Tape and fastened every 8” o.c. Caulk above the termination bar with Tuff-Stuff MS. b. Plies to wrap up and over walls extending 2” on the exterior on all areas receiving new coping metal. i. Lauderbach & Heritage only. c. Exposed and damaged plywood to be replaced on vertical walls per 10% base bid plywood requirement. Exposed plywood to be primed with Garla-Prime VOC prior to roofing in with 2-ply flashing detail. i. Heritage only. Allow the roof system 30 days to cure. Tear off existing roof system to the structural deck. a. Heritage and Lauderbach only. i. Perform any deck repair as needed. Roofing contractor to include 5% plywood replacement in base bid. Must provide unit pricing for any additional deck repairs required. A credit will be issued to Garland/DBS for any decking that is less than 5% per the unit pricing provided. b. Montevalle to be demolished to the existing 4” polyisocyanurate insulation board. i. Replace any wet insulation. Contractor to provide unit pricing for 4” polyisocyanurate insulation board. Mechanically attach new rosin paper and ½” DensDeck prime coverboard across entire roof. a. Heritage and Lauderbach only. b. Montevalle to have ½” DensDeck prime coverboard fully adhered with KEELock Foam Adhesive. Page 3 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 197 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11. 12. 13. 14. 15. 16. 1. 2. 3. Heritage Community Center - Existing Through-Fastened Metal Panel Roof Roofing contractor is responsible to protect all finished surfaces with plywood, ram board or appropriate material during demo and roofing process. Any damage to City property will be the responsibility of the roofing contractor to repair. Perform any deck repair as needed. Roofing contractor to include 5% deck replacement in the base bid. If the replacement amount exceeds 5%, the Contractor will be issued a change order based on the sq. ft amount over 5% by the unit price amount. If the replacement amount is less than 5%, the Roofing Contractor is to issue a credit to Garland/DBS based on the sq. ft amount under 5% by the unit price amount. i. Roofing contractor to provide unit price for new plywood decking in base bid. Install one layer of new waterproofing underlayment – R-Mer Seal – across entire deck. Sheet Metal: a. Gutters & Downspouts: Install new seamless 22 ga kynar gutters and downspouts. Roofing contractor to supply metal and provide color chart for City. i. Re-use gutters and downspouts at Heritage only. b. Counterflashing: Install new 22 ga kynar at all existing locations fabricated from RMer SS Flat Stock. All curb and wall base flashings to be counter-flashed. Re-use existing reglets in good condition, replace any damaged. i. Break out CMU and install new reglet counterflashing detail around perimeter. If a licensed sub-contractor is required for this work, it is the responsibility of the Roofing Contractor to coordinate. 1. Montevalle only. ii. All existing counterflashing on vertical walls at Lauderbach and Heritage to be removed and replaced with new coping metal detail. 1. Walls that are 6-7’ high to receive new 22 ga kynar reglet counterflashing detail. a. Heritage only. c. Drip-Edge: Install new 22 ga kynar at all existing locations fabricated from R-Mer SS Flat Stock. d. Coping: i. Montevalle: Re-use metal. Seal all joints with Tuff-Stuff MS True White. ii. Lauderbach and Heritage: Install new 22 ga kynar metal fabricated from RMer SS Flat Stock on all walls that currently have counterflashing detail. Seal all joints with Tuff-Stuff MS. e. Sheet metal pan brackets to be sealed with KEE-Lock Mastic. Pan seams to be taped with UniBond ST and coated with Cool-Sil HB White. f. City to determine colors of all new metal. Duct Seams: Remove any existing material. Tape all seams with UniBond ST 6” and coat over tape with Cool-Sil HB White. a. New 22 ga sheet metal sloping downward to be installed over any exposed flex connectors. Internal Drains: Install new lead flashings and cast iron strainers. Three-course corners with KEE-Lock Mastic and GarMesh 6” fabric. All conduit to be set on new rubber Dura-Blok’s. Roof Hatches: Re-use. a. Lauderbach: Clean, prime and coat the existing roof hatch using Metal Roof Primer and Cool-Sil HB White. Pitch Pockets: Seal with new Tuff-Flash Plus LO liquid flashing and fully embed with white UV Sunburst Roofing Minerals. Page 4 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 198 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4. 5. 6. Roof Construction Chambers Inc. Preman Roofing-Solar Sylvester Roofing Co. Inc. Letner Roofing Co. A Good Roofer Clarifications/Exclusions: 1. 2. 3. 4. 5. Heritage Community Center 307,695.00$ Lauderbach Community Center 181,525.00$ Garland Materials 315,934.09$ Garland Metal Materials 82,615.16$ California Sales & Use Tax 34,873.06$ Shipping & Handling 40,000.00$ 134,983.69$ General Conditions Proposal Price Total - Roof Construction Chambers Inc.1,233,406.00$ Project Contingency 25,000.00$ Roof Construction Chambers Inc. - Price Breakdown 40,570.00$ 37,490.00$ 37,420.00$ 4,700.00)$ Salt Creek Rec Center Fire Station #7 Montevalle Community Center Deduct - All Projects Awarded Together (Roof Con. Chambers Inc.) Edge metal, trim metal, and all ancillary metal utilized on this project is to be of the same gauge and color as the roofing panels and provided by the roofing system manufacturer using R-Mer SS Flat Stock. Gutters and downspouts are to be made from R-Mer SS Flat Stock provided by the panel manufacturer. 1,444,556.92$ Lump Sum Proposal Price: All Five (5) Projects Awarded As One 1,233,406.00$ 1,355,316.33$ 1,371,504.47$ 1,401,040.89$ Install new R-Mer Span metal roofing system & accessories as per the specifications and shop drawings. California sales and use taxes are included. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Permits are excluded. If permits are required this will be addressed via change order. Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is included to which it obtains to the scope of work. Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Page 5 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 199 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6. 7. 8. Respectfully Submitted, Joshua Perry Garland/DBS, Inc. 216) 430-3635 Prevailing Wages are included. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Any work not exclusively described in the above proposal scope of work is excluded. Interior Temporary protection is excluded. Page 6 of 6 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 200 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1. Attention: Jake Songhurst & Angelica Aguilar MICPA # PW1925 CA General Contractor License #: 949380 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Date Submitted: 12/06/2023 Proposal #: 25-CA-231263 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Chula Vista Thirty-Four (34) Roof Maintenance Locations 1800 Maxwell Rd. Chula Vista, CA 91911 Scope of Work: Maintenance To Be Performed At The Following Locations Civic Center Buildings A,B,C 276 4th Ave Police Department 365 4th Ave Parkway Recreation Center 373 Park Way Living Coast Discovery Center 1000 Gunpowder Point Dr Bay Blvd Office Building 610 Bay Blvd Norman Park and Sr Center 270 F St Fire Station 1 447 F St Ken Lee 430 F St Civic Center Branch Library 365 F St Chula Vista Women’s Club 357 G St Page 1 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 201 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Otay Rec Center 3554 Main St Animal Care Facility 130 Beyer Way Fire Station 5 341 Orange Ave Lauderbach Rec Center 333 Oxford St Fire Station 3 100 Moss St Fire Station 2 80 E J St Loma Verde Rec Center 1420 Loma Ln Chula Vista Golf Course 4475 Bonita Rd Fire Station 4 850 Paseo Ranchero Sound Station/Skate Park 1301 Oleander Ave Veteran’s Park and Rec Center 785 E Palomar St Fire Station 9 1410 Brandywine Ave Public Works Yard 1800 Maxwell Rd Heritage Park Rec Center 1381 E Palomar St Fire Station 7 1640 Santa Venetia St Santa Cora Park 1365 Santa Cora Ave Fire Station 6 605 Mt Miguel Rd Montevalle Park and Rec Center 840 Duncan Ranch Rd Fire Station 8 1180 Woods Dr Salt Creek Rec Center 2710 Otay Lakes Rd Elite Athlete Training Center 2800 Olympic Pkwy Otay Ranch Library 2015 Birch Rd Fire Station 10 1715 Millenia Ave South Chula Vista Library 389 Orange Ave Page 2 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 202 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. A Good Roofer, Inc. Preman Roofing-Solar Sylvester Roofing Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. 7. 8. Respectfully Submitted, Joshua Perry Garland/DBS, Inc. 216) 430-3635 Clean roof drains, gutters, and through-wall scuppers free of debris. Must be disposed of properly off City grounds. Clean roof surfaces free of debris to ensure positive drainage. Must be disposed of properly off City grounds. Secure any loose clamping rings on drains. Prevailing Wages are included. Any work not exclusively described in the above proposal scope of work is excluded. Permits are excluded. If permits are required this will be addressed via change order. Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is included to which it obtains to the scope of work. Interior Temporary protection is excluded. 343,098.00$ California Sales and use taxes are included. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Garland/DBS Price Based Upon Local Market Competition: If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Re-caulk any metal flashings or coping joints that have failed caulking or splits / voids. Re-seal pitch pockets that have failed mastic or splits / voids. 274,266.00$ 285,227.47$ Submit before / after photos of all repairs made per roof section to Garland/DBS. Repair drain baskets that appears to be damaged or malfunctioning. Re-seal pipe penetrations, vents, fans, and duct seams that have failed mastic or sealant. Repair base flashings with three-course application that are open or exposed. Repair severe membrane splits, voids, or blisters with three-course application. Submit photos and report any leaking rooftop equipment to Garland/DBS, Inc. Page 3 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 203 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Date Submitted: 01/05/2024 Proposal #: 25-CA-240025 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Chula Vista Civic Center - Building B 365 F St. Chula Vista, CA 91910 City of Chula Vista Public Works 1800 Maxwell Rd. Chula Vista, CA 91911 City of Chula Vista Fire Station #7 1640 Santa Venetia St. Chula Vista, CA 91913 City of Chula Vista Animal Care Facility 130 Beyer Way Chula Vista, CA 91911 City of Chula Vista Montevalle Rec Center 840 Duncan Ranch Rd. Chula Vista, CA 91914 City of Chula Vista Parkway Pool 385 Park Way Chula Vista, CA 91910 MICPA # PW1925 CA General Contractor License #: 949380 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing Page 1 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 204 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda A Good Roofer, Inc. Combined Price For All Six (6) Leak Repairs 111,583.00$ 1.Power wash 500 sq ft of roof above leak. 2.All splits in the blisters are to be sealed with Cool-Sil flashing grade. 3.Area with failed cap sheet to be restored with soft Grip Polyester and Cool-Sil HB. 1.Prime metal cricket with Rust-Go Primer at 0.5 gal per sq. Tape joints and coat. 2.Replace 2 internal gutters with 22 ga galvanized metal and new 22 ga drip edge. 1.Remove and dispose of all debris near drain. 2.Inspect seams with a probing tool. Repair seams as needed with KEE-Lock Mastic and GarMesh 6" fabric. 3.Clean out downspouts to ensure positive drainage. Replace corroded sleeve. 1. Seal above 35' of surface mounted counterflashing with Tuff-Stuff MS. 2.Remove ventlon fabric from curbed unit. Replace with new KEE-Stone Utility Roll secured with a new termination bar fastened 6" oc with 22 ga kynar counterflashing fabricated from R-Mer SS Flat Stock. 3.Seal 4 curb corners with KEE-Lock Mastic and GarMesh 6" fabric. 4.Seal a total of 8 penetrations with KEE-Lock Mastic. 5.Repair blisters on 25' sections of base flashings with KEE-Lock Mastic and GarMesh 6". 6.Seal corner with KEE-Lock Mastic and GarMesh 6" fabric. 1.Clean out gutters on section above leak. Remove dirt from weep holes. Ensure positive drainage. Scope of Work: Parkway Pools Scope of Work: Fire Station #7 Scope of Work: Animal Care Facility Scope of Work: Civic Center Building B 2.Perform water test in cricket area. Seal as needed after test. 3.Tape seams of metal with UniBond ST and coat over tape with Cool-Sil HB. Tape must be fully saturated with coating extending 2" past the tape on all sides. Scope of Work: Public Works (Fleets) 1.Boiler unit to be removed by crane and replaced with new curb. Roofing contractor responsible to: a.) Rent crane to remove unit and set in laydown area. b.) Build new curb a min 8" above the roof field with new 20 ga stainless sheet metal pan with 3" side. 2.Roof in curb with versiply 40, stressbase 80 Plus, and Stressply Plus FR Mineral set in weatherking plus WC cold adhesive. Install termination bar fastened 8" oc and new .040 alum counterflashing metal fabricated from R-Mer SS Flat Stock. EXCLUDED: Disposal of old unit, installation of new unit. Scope of Work: Public Works (Shops) 1. Seal domes of 5 skylights with Tuff-Stuff MS. Scope of Work: Montevalle Rec Center breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Page 2 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 205 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. 7. 8. Respectfully Submitted, Joshua Perry Garland/DBS, Inc. 216) 430-3635 Prevailing Wages are included. Any work not exclusively described in the above proposal scope of work is excluded. Permits are excluded. If permits are required this will be addressed via change order. Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is included to which it obtains to the scope of work. Interior Temporary protection is excluded. California sales and use taxes are included. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Page 3 of 3 EXHIBITBDocuSignEnvelopeID: EFCD6468-B4C0-43F1-96A6-AE7B5AD546F9 Page 206 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Amendment to Agreement No.: 2024-068 Contractor Name: GARLAND DBS INC. Rev. 1/24/2023 FIRST AMENDMENT to Agreement between the City of Chula Vista and GARLAND DBS INC. for Roof Replacement, Repair, and Maintenance on City Facilities This FIRST AMENDMENT “Amendment” is entered into effective as of October 30th, 2024 Effective Date” by and between the City of Chula Vista (“City”) and GARLAND DBS INC. Contractor” with reference to the following facts: RECITALS WHEREAS, City and Contractor previously entered into City of Chula Vista Cooperative Purchasing Agreement with Garland DBS Inc. to Provide Select Roof Replacement On City Facilities, Roof Repairs and Roof Maintenance On City Facilities “Original Agreement” on June 17, 2024; and WHEREAS, Section 12.1 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 Agreement to change the Not To Exceed Contract Amount from $2,000,000, to $6,000,000; and WHEREAS, City and Contractor desire to amend the Agreement to extend the expiration date of the contract to June 30, 2029, 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.Section 2. “Term of the Agreement” of the Original Agreement is amended to replace the expiration date of June 30, 2026, with the new expiration date of June 30, 2029. 2.Exhibit D “Payment Terms” is amended to replace the not to exceed amount of 2,000,000 with an amount of $6,000,000. 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. ACN 2024-295 Docusign Envelope ID: E3C60380-84E7-4782-A3F7-D9F9A486C3E1 RESO # Page 207 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Amendment to Agreement No.: 2024-068 Contractor Name: GARLAND DBS INC. Rev. 1/24/2023 Remainder of page left intentionally blank. Docusign Envelope ID: E3C60380-84E7-4782-A3F7-D9F9A486C3E1 Page 208 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ity of Chula Vista Amendment to Agreement No.: 2024-068 Contractor Name: GARLAND DBS INC. Rev. 1/24/2023 SIGNATURE PAGE TO FIRST AMENDMENT TO CITY OF CHULA VISTA COOPERATIVE PURCHASING AGREEMENT WITH GARLAND DBS INC. TO PROVIDE SELECT ROOF REPLACEMENT ON CITY FACILITIES, ROOF REPAIRS AND ROOF MAINTENANCE ON CITY FACILITIES GARLAND DBS INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BRIAN LAMBERT JOHN MCCANN PRESIDENT MAYOR ATTEST BY:_______________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _______________________________ MARCO A. VERDUGO CITY ATTORNEY Docusign Envelope ID: E3C60380-84E7-4782-A3F7-D9F9A486C3E1 Page 209 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista Amendment to Agreement No.: 2024-068 Contractor Name: GARLAND DBS INC. Rev. 1/24/2023 EXHIBIT D PAYMENT TERMS AMENDED AND RESTATED There are no reimbursable costs under this agreement. The compensation identified herein Includes all costs. Maximum contract amount. Vendor will provide quotes on a project-by-project basis in Compliance with the Omnia contract. The Director of Finance/Purchasing Agent or designee shall have authority to approve change orders or amendments up to the allocated budget. Notwithstanding the foregoing, the total amount to be paid to the contractor for performance of the required services, plus approved change orders not to exceed $6,000,000. Permitted subcontractors: A Good Roofer, Inc. 11651 Riverside Dr. Lakeside, CA 92040 619)561-7600 License # 685015 Dir # 1000000746 Trade: Roofing Chambers Inc. DBA Roof Construction 1563 Sterling Ct. Escondido, Ca 92029 760) 738-1050 License # 647203 Dir # 1000001961 Trade: Roofing Docusign Envelope ID: E3C60380-84E7-4782-A3F7-D9F9A486C3E1 Page 210 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Docusign Envelope ID: E3C60380-84E7-4782-A3F7-D9F9A486C3E1 Page 211 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Donation Acceptance: Accept a Donation of 35 Seek FirePRO Thermal Imaging Cameras and Accessories from Firehouse Subs Public Safety Foundation Report Number: 24-0288 Location: No specific geographic location Department: Fire 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 a donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, from Firehouse Subs Public Safety Foundation. SUMMARY The Chula Vista Fire Department applied for the Firehouse Subs Public Safety Foundations grant program for assistance in purchasing thermal imaging cameras. The grant was awarded in the amount of $39,421.24. Firehouse Subs Public Safety Foundation will purchase the equipment and donate the cameras to Chula Vista Fire Department. The acquisition of the thermal imaging cameras will provide heightened awareness and increased safety for the Department’s firefighters during structure fires. 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 212 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the city and surrounding jurisdictions. Structure fires can be the most dynamic and dangerous scenarios which a firefighter can encounter. It is the goal of the City and Department to ensure our firefighters have the highest levels of protection and equipment to reduce risk while operating at the fire scene. One piece of equipment which allows for increased situational awareness while working inside a structure fire is a thermal imaging camera (TIC). Currently, each of the Department’s ten (10) fire engines is assigned one TIC, and both truck companies and US&R are assigned two (2) TICs. This piece of equipment allows the supervisor to see thermal images in ‘black out’ conditions caused by smoke, which are frequently what firefighters encounter. The TIC assists in finding victims, identifying the location of the fire, and assists with maintaining orientation within the structure. Providing a TIC for all Chula Vista firefighters operating in the fire, will allow for safer conditions for the firefighters by increasing situational awareness and provide an additional tool to assist with locating victims of the smoke and fire. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of a donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, from the Firehouse Subs Public Safety Foundation. ONGOING FISCAL IMPACT Anticipated future maintenance costs of approximately $500 per year will be incorporated within the Fire Department’s future General Fund baseline budgets. ATTACHMENTS: 1. MES Quote 2. City of Chula Vista Donation Acceptance Form Staff Contact: Chris Manroe, Deputy Fire Chief Harry Muns, Fire Chief Page 213 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF 35 SEEK FIREPRO THERMAL IMAGING CAMERAS AND ACCESSORIES FROM THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION WHEREAS, the Firehouse Subs Public Safety Foundation provides grant funding made available to first responders and public safety organizations; and WHEREAS, the purpose of the Firehouse Subs grant program is to allow for the purchase of lifesaving equipment and prevention education tools; and WHEREAS, Firehouse Subs Public Safety Foundation will purchase 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, and donate the equipment to the Chula Vista Fire Department; and WHEREAS, providing this tool to our firefighters will increase firefighter safety and provide additional equipment for expeditiously finding and removing trapped victims of smoke and fire. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby accept the donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories from the Firehouse Subs Public Safety Foundation, and authorizes and directs the Fire Chief, City Manager, and Mayor to execute the associated City of Chula Vista Donation Acceptance Form in the form presented. Presented by Approved as to form by Harry Muns Marco A. Verdugo Fire Chief City Attorney Page 214 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda (877) 637-3473 Quote Quote #QT1827743 Date 06/10/2024 QT1827743 Page 1 of 1 Bill To Firehouse Subs Public Safety Foundation 12735 Gran Bay Pkwy, #150 Jacksonville FL 32258 United States Expires 09/30/2024 Sales Rep Robinson, Jamie S PO # C47734 CHULA VISTA FIRE DEPARTMENT Shipping Method FedEx Ground Customer (TAXABLE) FIREHOUSE SUBS PSF, INC Customer # C65056 Ship To Greg Millea/Brent Willard Chula Vista Fire Department 276 Fourth Ave Chula Vista CA 91910 United States Item Alt. Item #Units Description QTY Unit Price Amount FQ-AAAX Seek FirePRO 300 Thermal Imager 35 $999.00 $34,965.00 RT4-4504 SEEK TIC Gear Keeper with Aluminum Carabiner 35 $34.99 $1,224.65 Firehouse Subs Public Safety Foundation Grant Request Department Name: Chula Vista Fire Department Department POC: Brent Willard; 415-302-6516; bwillard@chulavistaca.gov MES POC: Tom Winkler; 727-808-5344; twinkler@mesfire.com Subtotal $36,189.65 Shipping Cost $65.00 Tax Total $3,166.59 Total $39,421.24 This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. Page 215 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 216 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 4 P a g e | 1 November 12, 2024 ITEM TITLE Grant Award and Appropriation: Accept Funds from the Department of Energy for the Energy Efficiency and Conservation Block Grant Program Report Number: 24-0091 Location: Fire Station 5 at 341 Orange Ave, Chula Vista, CA, 91911 and Fire Station 3 at 100 Moss St, Chula Vista, CA, 91911 Department: Economic Development 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 15303 Class 3 (New Construction or Conversion of Small Structures). Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 10, Part 1021 of the Code of Federal Regulations and the Department of Energy Environmental Guidelines. Recommended Action Adopt a resolution accepting $271,850 in grant funds from the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and appropriating funds therefor. (4/5 Vote Required) SUMMARY As part of the Infrastructure Investment and Jobs Act of 2021 (IIJA), the Energy Efficiency and Conservation Block Grants (EECBG) program from the United States Department of Energy is providing formula grants to jurisdictions across the nation. The City is receiving $271,850 in EECBG grants to increase energy efficiency in municipal operations and reduce Greenhouse Gas (GHG) emissions. These funds will be used to purchase and install two semi-portable solar photovoltaic (PV) and battery-powered electric vehicle (EV) chargers for fleet and employee commute use and two EVs to replace traditional, internal combustion fleet vehicles. This new equipment will allow the City to expand its EV charging capacity and EV fleet with the goal of decreasing GHG emissions and local air pollution while increasing resiliency to grid outages and other emergencies. Page 217 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Under NEPA, the activity is exempt pursuant to Title 10, Part 1021 of the Code of Federal Regulations and the Department of Energy Environmental Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION As part of the Infrastructure Investment and Jobs Act of 2021, the Energy Efficiency and Conservation Block Grants program from the United States Department of Energy was funded with $550 million to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. The funds are distributed to eligible entities through a formula and, for local governments and Tribes not eligible for a formula grant, though a competitive application process. The City of Chula Vista qualified for a formula grant of $271,850. This is the second round of EECBG funding the City has received. The first was a part of the American Recovery & Reinvestment Act of 2009, where $1,974,300 in EECBG funds were appropriated to the City on January 5, 2010. Those funds were used to install solar PV on municipal facilities, to support the adoption of biodiesel for City fleet vehicles, and to support financing and incentives for community members making energy efficiency upgrades to their homes. In alignment with funding requirements, grant funds should be expended by grantees within 12 months from the award start date. Funds may be used to cover direct and indirect costs incurred by the project; and grantees will be required to comply with all applicable federal, state, and local laws, rules, and regulations. Proposed Use of Grant Funding: Staff applied to use the funds to help electrify the City’s fleet because the transportation sector produces the most greenhouse gas (GHG) emissions in Chula Vista and the state. While the City has seen significant progress in electrifying its fleet with the installation of 123 EV chargers for fleet and employees though SDG&E Power Your Drive Program and the adoption of 33 electric vehicles, or 6% of the fleet, there are some smaller facilities that have not been able to participate in previous programs. All known EV charging infrastructure support programs have a minimum set number of chargers that need to be installed so smaller facilities, like fire stations, have not been able to take advantage of these programs. Traditional EV charging options that connect to a building’s electricity can have long construction timelines and high installation expenses, so staff evaluated a semi-portable option powered with solar PV panels and batteries to eliminate the need for infrastructure improvements to connect to a building. These types of chargers provide a slower charge to the EV and are limited by solar availability and the size of the battery. Page 218 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 Since staff at the proposed facilities are typically at these locations for longer periods due to length of work shifts, they should be able to get a full charge. Additionally, because the chargers are powered by solar panels, they will not increase the City’s electricity bills like traditional chargers and can provide emergency backup power during grid outages or other emergencies. The units are planned to be piloted at Fire Station 5 (341 Orange Ave, 91911) and 3 (100 Moss St, 91911). Both stations serve areas of the City designated as disadvantaged by both the state and the City’s Climate Equity index, and Fire station 5 is located in a disadvantaged census tract. The units include a five-year warranty, including maintenance and repairs, so staff will not be responsible for repairing the units during the pilot. Grant funds will also be used to purchase two medium duty EVs to continue the fleet electrification. To date the City’s fleet is made up of 44% alternative fuel vehicles (6% EV, 12% hybrid, 3% plug-in hybrid and 23% renewable diesel). The new light duty vehicles will be able to charge at existing fleet EV charging facilities and will help reduce GHG emissions and increase local air quality. Anticipated Amount of Grant Funds Allocated Description of Proposed Work Grant Focus Areas $160,000 Expansion of EV charging for fleet vehicles and employee commute use by purchasing two solar PV and battery powered semi-portable electric vehicle (EV) chargers. One will be placed at a City facility with a high Climate Equity Index score.  Clean energy adoption  Carbon emissions reduction  Climate equity  Energy resilience $111,850 Expansion of the fleet electrification by purchasing or helping to purchase three EVs to replace fossil fuel powered vehicles.  Clean energy adoption  Carbon emissions reduction  Climate equity  Increase local air quality Based on product availability, staff has flexibility to make necessary adjustments regarding the use of the grant but will ensure compliance with grant guidelines, as listed in Attachment A, and the EECBG program Pre-Award Information Sheet, Attachment B. Staff will provide a performance and impact update to the Sustainability Commission and City Council after the work related to the grant is complete. Where possible , staff will utilize the Climate Equity Index (CEI) to prioritize communities within Chula Vista that have been most impacted by pollution, climate change, and historical racism. The CEI was created in 2020 with community stakeholders and is an effort to look at environmental and historic disparities within Chula Vista. Page 219 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 Conservation staff have worked closely with internal departments on the needs assessment, planning, logistics, and deployment of these new city assets. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $271,850 in grant revenues from the Energy Efficiency and Conservation Block Grants program from the United States Department of Energy and an increase in appropriations of $ 271,850 to the Supplies and Services category of the Economic Development Section of the Federal Grants Fund. Matching funds are not required to receive the grant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of applying for and accepting this grant. ATTACHMENTS 1. Energy Efficiency and Conservation Block Grant (EECBG) Program Voucher Handbook 2. EECBG program Pre-Award Information Sheet Staff Contact: Coleen Wisniewski, Environmental Sustainability Manager Cory Downs, Conservation Specialist Page 220 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DEPARTMENT OF ENERGY FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS FOR ENERGY AND CLIMATE PROJECTS AND AMENDING THE FISCAL YEAR 2024-25 BUDGET TO APPROPRIATE FUNDS THEREFOR WHEREAS, as part of the Infrastructure Investment and Jobs Act of 2021 (“IIJA”), the Energy Efficiency and Conservation Block Grants (“EECBG”) program (the “Program”) from the United States Department of Energy is providing formula grants to jurisdictions across the nation; and WHEREAS, The City of Chula Vista City is receiving $271,850 in EECBG grants (the “Grant”) to increase energy efficiency in municipal operations and reduce Greenhouse Gas (“GHG”) emissions; and WHEREAS, grant funds should be expended by grantees within 12 months from the award start date and staff plan to use the funds to support the City’s municipal fleet Electric Vehicle (“EV”) conversion through the procurement of approximately three light duty EVs and 2 semi- portable solar photovoltaic (“PV”) and battery-powered EV chargers for fleet and employee commute use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $271,850 from the United States Department of Energy and amends the fiscal year 2024-25 budget by appropriating $271,850 to the Supplies and Services category to the Economic Development Section of the Federal Grants Fund. BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to enter into and execute an agreement with United States Department of Energy, any amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this Grant. BE IT FURTHER RESOLVED, 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 enter into and execute contracts with third parties to implement the Grant or use funds, as appropriate. BE IT FURTHER RESOLVED, that the Finance Director/Treasurer is authorized to establish a special interest-bearing account for the Grant funds, if required, the proceeds of which will be used for any eligible uses outlined in the Program materials. Page 221 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Tiffany Allen Marco A. Verdugo Assistant City Manager City Attorney Page 222 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 1 Energy Efficiency and Conservation Block Grant (EECBG) Program Voucher Handbook Contents Section 1: Background .................................................................................................................................. 2 Definitions............................................................................................................................................. 2 Purpose and Scope of Vouchers ............................................................................................................ 2 Voucher Application Timing and Period of Performance .................................................................... 2 Limitations on Use of Vouchers ........................................................................................................... 3 Justice40 Initiative ................................................................................................................................ 3 Section 2: Voucher Eligible Activities .......................................................................................................... 4 Equipment Rebate Options ................................................................................................................... 5 Technical Assistance Options ............................................................................................................... 6 Section 3: Voucher User Journey .................................................................................................................. 9 Equipment Rebate User Journey ........................................................................................................... 9 Technical Assistance User Journey ..................................................................................................... 11 Section 4: Application Contents ................................................................................................................. 13 Section 5: Reporting Requirements ............................................................................................................ 14 Equipment Rebate Reporting Requirements ....................................................................................... 14 Technical Assistance Voucher Reporting Requirements .................................................................... 15 National Environmental Policy Act (NEPA) ...................................................................................... 15 Davis-Bacon Act (DBA) ..................................................................................................................... 15 Build America, Buy America (BABA) ............................................................................................... 16 Page 223 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 2 Section 1: Background The purpose of this Handbook is to provide guidance for local and tribal governments on the use of equipment rebates and technical assistance vouchers to access their Energy Efficiency and Conservation Block Grant (EECBG) Program formula award. It is intended to supplement existing EECBG Program materials and resources, including the Administrative and Legal Requirements Document (ALRD), Application Instructions, and Eligible Activities and Program Guidance, with information that is specific to the EECBG Program voucher offering. Definitions Technical Assistance Voucher: a method for exchanging an eligible entity’s EECBG Program formula award for technical assistance services in an amount not to exceed an eligible entity’s EECBG Program formula award. Equipment Rebate: reimbursement for the purchase and installation of qualified energy efficiency and clean energy equipment in an amount not to exceed an eligible entity’s EECBG Program formula award. Voucher: an umbrella term that encompasses the streamlined method for accessing EECBG Program formula awards through Technical Assistance vouchers and equipment rebates. Traditional Grant: EECBG Program formula grants that proceed through the traditional federal grant making process. Technical Assistance: refers to support that EECBG Program recipients can receive from qualified experts. Eligible entities can access technical assistance through a variety of channels, including a technical assistance voucher.1 Technical Assistance Administrator: refers to the third-party administrator who will manage requests for technical assistance vouchers and provide technical assistance to voucher recipients. Rebate Administrator: refers to the third-party administrator who will manage requests and collect the necessary documentation for equipment rebates. Purpose and Scope of Vouchers The purpose of vouchers is to simplify and streamline the process of accessing EECBG Program formula awards. Vouchers can be used for two primary purposes: 1. Technical assistance vouchers are used to access support from experts, across a wide array of high-value opportunities in energy efficiency, renewable energy, transportation, and related areas. 2. Equipment rebates are used for the purchase and installation of energy-related equipment used to meet EECBG Program goals. Voucher Application Timing and Period of Performance DOE aims to process voucher applications within 30-60 days of receipt of a complete application. Following application approval, eligible entities have up to two years to use their EECBG Program voucher funds with the option to request a no-cost extension. Only equipment purchases made after an eligible entity’s application has been approved qualify for the rebate. 1 More information on EECBG technical assistance opportunities can be found here: https://www.energy.gov/scep/energy-efficiency-and-conservation-block-grant-program-technical-assistance- opportunities Page 224 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 3 Limitations on Use of Vouchers Equipment rebates and technical assistance vouchers are subject to the same limitations that apply to EECBG Program formula awards as described in the ALRD and Section 6.3 E of the Application Instructions. To streamline application and administrative requirements, equipment rebate and technical assistance voucher recipients are subject to additional limitations, including: Technical Assistance Voucher Limitations: • Technical assistance vouchers may not be sub-granted. Technical assistance vouchers must be used to support the EECBG Program formula award-eligible entity. • Technical assistance voucher recipients may not select their own technical assistance provider. Technical assistance will be provided by the Technical Assistance Administrator and their team. However, the Technical Assistance Administrator may have the ability to sub-contract with technical assistance providers outside of their team, including local providers, where appropriate. • Technical assistance vouchers may not be used to cover recipient staff time. • Activities performed using a technical assistance voucher must fall within the NEPA Determination of allowable activities. See Section 5 of this Handbook for additional information on NEPA requirements for technical assistance vouchers. Equipment Rebate Limitations: • Equipment rebates cannot be sub-granted. Equipment must be purchased by the EECBG Program formula award-eligible entity and used and installed in accordance with program requirements. • Equipment rebates cannot be used to cover recipient staff time required for procurement, administrative tasks, and other related activities. • Equipment rebates cannot cover purchases made before an eligible entity’s application has been approved. Note that the specific limitations listed above do not apply to EECBG Program traditional grants. Applicants that find these limitations undesirable may want to consider applying for their EECBG Program formula award through a traditional grant. Justice40 Initiative EECBG Program is a Justice40-covered program and as such contributes to the President’s goal that 40% of the overall benefits of Federal investments in clean energy and climate solutions flow to Disadvantaged Communities that for too long have faced disinvestment and underinvestment. DOE strongly encourages eligible entities to maximize project benefits and describe how these benefits will flow to Disadvantaged Communities to the greatest extent practicable. DOE has released General Guidance on Justice40 Implementation designed to help eligible entities and other interested parties incorporate Justice40 Initiative goals into DOE-funded projects. In addition, see Section 4.2 of the Application Instructions for more information on how to integrate Justice40 Initiative goals into your EECBG Program funding plans. Page 225 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 4 Section 2: Voucher Eligible Activities Vouchers can be used for technical assistance services and/or rebates for equipment purchases and installation. Technical assistance and equipment purchases procured with a voucher must fall within the 14 eligible use categories of the EECBG Program as established in the Energy Independence and Security Act of 2007 (EISA)2 and expanded in the Infrastructure Investment and Jobs Act of 2021 (IIJA).3 A full description of the eligible activity categories can be found in the Eligible Activities and Program Guidance and Section 2.2 of the Application Instructions. The following sections provide additional guidance on voucher eligible activities within these categories. Voucher applicants are encouraged to refer to the EECBG Program Blueprints for additional guidance on potential areas for technical assistance or equipment installations. EECBG Program Blueprints are model projects and programs designed to help governments achieve high-impact results. Voucher recipients may look to the key activity areas in the Blueprints for ideas on potential opportunities for technical assistance and common deliverables. Blueprints also contain high-level cost estimations for common projects. Blueprint topics are listed in the table below: Blueprint Topic Blueprint Energy Planning #1 Energy Planning Efficient Buildings #2A Energy Efficiency – Energy Audits and Building Upgrades #2B Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings #2C Building Electrification Campaign #2D Building Performance Standards & Stretch Codes Renewables #3A Solar & Storage – Power Purchase Agreements and Direct Ownership #3B Community Solar #3C Solarize Campaign #3D Renewable Resource Planning for Rural and Tribal Communities Electric Transportation #4A Electric Vehicles and Fleet Electrification #4B EV Charging Infrastructure for the Community Finance #5 Unlocking Sustainable Financing Solutions for Energy Projects with Revolving Loan Funds Workforce #6 Workforce Development 2 42 U.S.C. 17154. 3 PL 117-58 Section 40552 Page 226 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 5 Equipment Rebate Options Equipment rebates can be used for the purchase and installation of energy-related equipment which can span a wide array of technologies deployed for the purpose of lowering fossil fuel use or increasing energy efficiency. Equipment eligible for purchase under the equipment rebate option includes but is not limited to the categories and equipment types outlined in the table below: Equipment Category Equipment Type Retrofit Technologies HVAC equipment: ▫ Air source heat pumps ▫ Ground source heat pumps ▫ Water source heat pumps ▫ Central Air Conditioners ▫ Heat recovery ventilation systems ▫ Gas, propane, or oil hot water boilers ▫ Gas, propane, or oil furnaces and fans ▫ Building Automation Systems (BAS) Water heater equipment: ▫ Heat pump water heater ▫ Solar water heaters ▫ Electric, gas, or oil indirect water heaters ▫ Electric, gas, or oil tankless coil water heaters ▫ Gas, oil, propane water heater ▫ High efficiency gas storage water heaters Weatherization materials ▫ Updated doors ▫ Updated windows and skylights ▫ Roofs ▫ Solar screens, window louvers or awnings ▫ Insulation Efficient light sources ▫ LED lighting Renewable Energy Technologies ▫ Solar Panels ▫ Wind turbines ▫ Fuel cells ▫ Biomass ▫ Geothermal heat pumps ▫ Battery storage Metering Equipment ▫ Metering technology ▫ Computerized traffic management systems Micromobility Equipment ▫ Bicycle fleets ▫ Electric pedal assisted bikes ▫ E-Bicycles ▫ E-Scooters Page 227 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 6 Alternative Fuel Vehicles ▫ Electric vehicles ▫ Hybrid vehicles ▫ Natural gas-powered vehicles Electric Vehicle Charging Stations ▫ Public EV charging stations ▫ EV charging station for government or tribal fleet Technical Assistance Options Technical assistance vouchers can be used to access support from experts across a wide array of high- value opportunities in energy efficiency, renewable energy, transportation, and related areas. The table below outlines broad categories of technical assistance that will be provided through technical assistance vouchers and example activities in each category. Technical assistance activities include but are not limited to the categories and example activities outlined in the table below: EECBG Program Focus Area Technical Assistance Categories Technical Assistance Offerings Energy Planning Energy Plan Development Climate/Decarbonization Planning and Roadmaps Metric and Goal Development Report Development Data collection and analysis Analysis of Best Practices Disadvantaged Community Mapping/Analysis Policy Landscape Analysis Economic Value Impact Potential Residential EE/RE/EV Integration System Modernization Planning and Modeling Stakeholder and Community Engagement Marketing Materials Communication and Outreach to stakeholders, including underrepresented and disadvantaged communities Utility Engagement Utility Plan Review Demand Response Enablement Leveraging Utility Programs Utility Bill Impact Analysis Rate Impact Studies Energy Efficiency Program Design & Equity Analysis of Best Practices Program Design Support EM&V Planning and Execution Cost Effectiveness Studies Evaluation plan development Financial Incentives Options Analysis and Design Page 228 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 7 Stakeholder and Community Engagement Marketing Materials Report Development Communication and Outreach Contractor Training Building Audits Residential and Commercial Building Audits Policy Building Performance / Labeling Policies Policy and Planning Support Building Codes Building codes analysis and planning Compliance Studies Code Adoption Support and Training Inspections Retrofit Analysis and Planning Electrification Assessments Process Improvements DR/Grid Modernization Enablement Engineering/Modeling Support Renewable Energy Solar Assessment/Studies/System Design Utility and Stakeholder Coordination Financial, Engineering/Modeling Support Battery Storage Assessment/Studies/System Design Utility and Stakeholder Coordination Financial, Engineering/Modeling Support Program Design Identification of Best Practices Design Support including Impact Analysis EM&V Planning Cost Effectiveness Studies Evaluation plan development Incentive Design Building/Site Audits Building/Site Audits Stakeholder and Community Engagement Marketing Materials Report Development Communication and Outreach Contractor Training Financing Rate Impact Assessment Capital Budget/ Bond Planning Incentives analysis/program design Policy Renewable Energy Policies Analysis and Planning Electric Vehicles and Sustainable Transportation Program Design Fleet analysis/telematics Planning and Design Support Cost Effectiveness Studies EM&V Planning Evaluation plan development Page 229 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 8 Incentive Design Financing Opportunities and Options Analysis Transportation Planning Infrastructure Planning Engineering/Modeling Support EV Fleets and Chargers Building/site assessment Utility engagement Financial, utility bill analysis Feasibility studies, options analysis, impact analysis Electric Transportation Planning Stakeholder Coordination Charging plan development As described in Section 3 of this Handbook, technical assistance voucher applicants will work with the Technical Assistance Administrator to refine a scope of work for their project that aligns with EECBG Program goals, meets program requirements, and is feasible based on the available budget. Technical assistance voucher applicants are encouraged to refer to the EECBG Program Blueprints, described at the beginning of Section 2, for guidance on potential areas for technical assistance and high- level cost estimates. Page 230 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 9 Section 3: Voucher User Journey The process of applying for, obtaining, and utilizing equipment rebates and technical assistance vouchers is outlined below. Equipment Rebate User Journey Step 1: Determine how you will use your equipment rebate Guidance on allowable uses of EECBG Program funds can be found in the Eligible Activities and Program Guidance, Section 2.2 of the Application Instructions. Equipment rebates will be used to fund the purchase and installation of energy-related equipment which can span a wide array of technologies deployed for the purpose of reducing fossil fuel emissions, reducing energy use, or improving energy efficiency. Section 2 of this Handbook illustrates a variety of potential uses for equipment rebate. You are encouraged to identify opportunities to maximize the impact of your equipment rebate by: • Leveraging rebates in alignment with other federal funding opportunities • Advancing the goals of Justice40 through equipment purchases and installation • Considering teaming with other eligible entities on regional or cohort-based equipment purchases 4 If you need additional support planning the use of your equipment rebate, you are encouraged to utilize technical assistance services available, such as: • Using an EECBG Program Blueprint to guide your project and ensure a prioritized application review and approval. EECBG Program Blueprints can be found here. • Joining a Blueprint cohort. DOE will convene cohorts along each of the blueprint topics on a regular basis starting in Summer of 2023. DOE will host regular virtual meetings to give EECBG Program grantees the chance to ask questions, meet one another, hear some best practices and success stories, and do some troubleshooting. Sign up to join a Blueprint cohort by emailing technicalassistance@hq.doe.gov or filling out this form. • Utilizing free online tools that can help you identify target areas that can make the greatest impact in your locality, identify disadvantaged communities, and more including: ▫ State and Local Planning for Energy (SLOPE) Platform ▫ Climate and Economic Justice Screening Tool ▫ Low-Income Energy Affordability Data (LEAD) ▫ ResStock and ComStock ▫ Jobs and Economic Development Impact (JEDI) Tool ▫ PVWatts and REopt • Writing to DOE to request technical assistance by emailing technicalassistance@hq.doe.gov. • Applying for a technical assistance voucher in addition to your equipment rebate. 4 For more information on teaming, please see section 2.4 of the EECBG Application Instructions: https://www.energy.gov/sites/default/files/2023- 01/IIJA%20%2840552%29%20EECBG%20Program_Application%20Instructions.pdf Page 231 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 10 Step 2: Submit your equipment rebate application Submit your application on the Voucher Application Portal. Components of an equipment rebate application are listed in Section 4 of this handbook. If you have already submitted a Pre-Award Information Sheet for the voucher option, you will receive an email from noreply@salesforce.com with your username and a link to set up a password for the Voucher Portal. The title of the email will be “U.S. DOE EECBG Program Voucher Registration.” If you cannot locate this email, reach out to EECBGVouchers@icf.com for assistance accessing the portal. If you have not submitted a Pre-Award Information Sheet, you may register directly on the Voucher Application Portal. ONLY register here if you have not submitted the Pre-Award Information Sheet. Visit the EECBG Program Application Hub for additional information on how to access the portal. Step 3: DOE reviews your application DOE aims to process equipment rebate applications within 30-60 days of receipt of a complete application. DOE will review your application to ensure it contains sufficient identifying information, proposed equipment purchases and installation align with the eligible uses and EECBG Program funding, policy requirements are satisfied, and the proposed budget aligns with your formula award. Step 5: Purchase and install equipment Once an application is approved, you may begin the purchase and installation of equipment according to terms and conditions associated with your rebate. Only equipment purchased following your approved application is eligible for a rebate. Step 6: Submit required documentation to the Rebate Administrator You are required to track and report costs associated with the purchase and installation of equipment as well as any other documentation outlined in the rebate terms and conditions. Documentation requirements may include, but are not limited to items such as: • Quotes for any purchases exceeding $50,000 • Receipts of any equipment or material purchases • Invoices from installation contractors • Photos of installed equipment Step 7: Rebate Administrator issues rebate and coordinates invoicing with DOE The Rebate Administrator will review your submitted documentation and submit to DOE for final review and approval. Following approval, DOE will reimburse you for the cost of the equipment purchased and installed, up to the amount equivalent to your EECBG Program formula award. Step 8: Submit regular reports to the Rebate Administrator You will be required to report certain financial, performance, and compliance information on a regular basis. These reports will be submitted to the Rebate Administrator, who will consolidate and send to DOE. For more information on reporting requirements, see Section 5 of this Handbook. Page 232 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 11 Technical Assistance User Journey Step 1: Determine how you will use your technical assistance voucher Guidance on allowable uses of EECBG Program funds can be found in the Eligible Activities and Program Guidance and Section 2.2 of the Application Instructions. Technical assistance vouchers will be used to access support from experts, across a wide array of high-value opportunities in energy efficiency, renewable energy, transportation, and related areas. Section 2 of this Handbook illustrates a variety of potential uses for technical assistance vouchers. For guidance and high-level cost estimates on common areas of technical assistance, please refer to the EECBG Program Blueprints. You are encouraged to identify opportunities to maximize the impact of the technical assistance you receive by: • Leveraging technical assistance vouchers to develop strategies that will support other federal funding opportunities • Advance the goals of Justice40 through technical assistance • Consider teaming with other eligible entities on regional or cohort-based technical assistance 5 Step 2: Submit your Technical Assistance voucher application Submit your application on the Voucher Application Portal. Components of a technical assistance application are listed in Section 4 of this handbook. If you have already submitted a Pre-Award Information Sheet for the voucher option, you will receive an email from noreply@salesforce.com with your username and a link to set up a password for the Voucher Portal. The title of the email will be “U.S. DOE EECBG Program Voucher Registration.” If you cannot locate this email, reach out to EECBGVouchers@icf.com for assistance accessing the portal. If you have not submitted a Pre-Award Information Sheet, you may register directly on the Voucher Application Portal. ONLY register here if you have not submitted the Pre-Award Information Sheet. Visit the EECBG Program Application Hub for additional information on how to access the portal. Step 3: DOE reviews your application DOE aims to process technical assistance voucher applications within 30-60 days of receipt of a complete application. DOE will review your application to ensure it contains sufficient identifying information, proposed activities align with the eligible uses and EECBG Program funding, policy requirements are satisfied, and the proposed budget aligns with your formula award. Step 4: Work with Technical Assistance Administrator to refine scope of work Upon approval from DOE, you will work directly with the Technical Assistance Administrator to refine a scope of work. This will include aligning project goals and deliverables with available funding and expertise, finalizing deliverables and timelines, and defining a partnership structure (i.e., consulting, co- creation, etc.). This refinement process will be at no cost to you up to a limited number of hours. If the scope refinement goes beyond those defined hours, the cost of that additional time will get charged against your formula award amount and reduce the funding available to you for technical assistance. If the 5 For more information on teaming, please see section 2.4 of the EECBG Application Instructions: https://www.energy.gov/sites/default/files/2023- 01/IIJA%20%2840552%29%20EECBG%20Program_Application%20Instructions.pdf Page 233 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 12 negotiation significantly alters the scope of work included in your initial application, you may be required to resubmit to DOE for approval. Step 5: Technical Assistance Administrator delivers the scope of work The Technical Assistance Administrator will deliver the services outline in the agreed-upon scope of work. You should ensure that you have adequate staffing to partner with technical assistance providers as required, implement technical assistance, and apply lessons learned. Step 6: Technical Assistance Administrator and DOE coordinate on invoicing The Technical Assistance Administrator will submit monthly invoices to DOE for their services. Voucher recipients will be required to review and approve invoices prior to their submission to DOE to ensure that the invoices accurately reflect services rendered. DOE will review all invoices and submit payment upon approval. Voucher recipients will not be responsible for tracking hours, invoicing, or payment. Step 7: Technical Assistance Administrator prepares regular reports Reporting on technical assistance activities will occur in accordance with EECBG Program requirements. See Section 5 of this Handbook for additional information on reporting requirements. Page 234 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 13 Section 4: Application Contents DOE has prepared two templates to provide applicants with a preview of the information they may be asked to provide in their application: 1. Equipment Rebate Application Template 2. Technical Assistance Application Template The templates are intended for informational purposes only and may be subject to change. The templates are a planning tool, not an application. Final equipment rebate and technical assistance voucher applications will be submitted to the Equipment Rebate and Technical Assistance Administrators through a separate portal. Eligible entities will be notified when the final equipment rebate and technical assistance applications are available. As outlined in the templates linked above, applications for equipment rebates and technical assistance vouchers will consist of the following components: A. Recipient Information: collects key information about the applicant. B. Energy Efficiency and Conservation Strategy (EECS): outlines how the equipment rebate or technical assistance voucher aligns with the applicant’s broader energy and climate goals. For more information on the EECS, see Section 6.3.C. of the EECBG Program Application Instructions. The EECS can draw on existing plans related to energy, sustainability or climate planning etc. Applicants pursuing both an equipment rebate and technical assistance voucher may use the same EECS for both applications. The EECS can be completed as part of the voucher application or attached to the application. C. Equipment Rebate and/or Technical Assistance Application: collects information specific to proposed technical assistance or equipment rebate activities. Applicants pursuing both an equipment rebate and technical assistance voucher will need to complete both components. D. Authorized Applicant Signatures E. Terms and Conditions: provides the applicant with a copy of the terms and conditions of the award with the option to sign as part of the application or download and submit at a later date. Page 235 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 14 Section 5: Reporting Requirements Voucher recipients are required to report certain information in accordance with national policy and as outlined in other EECBG Program materials including Part V of the Administrative and Legal Requirements Document and Part 8 of the Application Instructions. While all voucher recipients are required to report on their activities, these requirements differ for technical assistance vouchers and equipment rebates. The sections below outline specific reporting requirements and background on compliance with national policies, including the National Environmental Policy Act (NEPA), Davis-Bacon Act (DBA), and Build America, Buy America Act (BABA). Equipment Rebate Reporting Requirements The table below outlines required reporting elements for equipment rebate recipients. Report Frequency Contents Installation Report (Tangible Personal Property Report SF- 428) One-time Established in award Terms and Conditions, may include but not limited to: • Receipts for equipment ($5,000 or more value) and supply (less than $5,000 value) purchases • Invoices for installation • Photos of installation • Location information Davis-Bacon Act Reporting* Weekly and Semi-Annual Wage reports as required by the Davis-Bacon Act 6 NEPA Logs* Quarterly NEPA reporting for any ground-disturbing activities NEPA Historic Preservation Reports* Annual Historic preservation reports for entities located in a jurisdiction with a DOE Historic Preservation Programmatic Agreement 7 Performance and Financial Report (SF-425) Annual Established in award Terms and Conditions, may include but not limited to: • SF-425 • Activity status • Milestones • Financial metrics • Process metrics • Qualitative description of activities Closeout Report One-time Established in award Terms and Conditions, may include but not limited to the contents of the Annual Performance and Financial Report (above). Location Report One-time Identifies physical locations of activities *These reports may not be required in all circumstances. 6 For more information on Davis-Bacon Act prevailing wage requirements, see Part V.D.5. of the Administrative and Legal Requirements Document. 7 NEPA Historic Preservation Reports are only required for entities located in a jurisdiction with an executed DOE Historic Preservation Programmatic Agreement. Page 236 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 15 A more detailed description of reporting requirements will be included in the terms and conditions of the equipment rebate and Federal Assistance Reporting Checklist (FARC). The eligible entity receiving the equipment rebate is responsible for submitting reports in accordance with the terms and conditions of their award. Annual reports are due to DOE no later than 30 calendar days after the reporting period. If the period of performance does not exceed one year, then a single report may be filed no later than 90 calendar days after the period of performance end date. The equipment rebate recipient must submit a final report no later than 90 calendar days after the period of performance end date. Technical Assistance Voucher Reporting Requirements The table below outlines required reporting elements for technical assistance voucher recipients. Report Frequency Contents Performance Report Annual Established in award Terms and Conditions, may include but not limited to: • Activity status • Milestones • Financial metrics • Process metrics • Qualitative description Closeout Report One-time Established in award Terms and Conditions, may include but not limited to the contents of the Annual Performance Report (above). Technical assistance voucher reports will be submitted to DOE in accordance with the reporting frequency outlined above. Annual reports are due no later than 30 calendar days after the reporting period. If the period of performance does not exceed one year, then a single report may be filed no later than 90 calendar days after the period of performance end date. A final report must be submitted no later than 90 calendar days after the period of performance end date. National Environmental Policy Act (NEPA) Equipment rebate recipients are required to complete include a signed NEPA Statement of Work (SOW) with their application. Standardized Statements of Work are available on the EECBG Program website for equipment rebate recipients. Applicants should refer to these Statements of Work and select the one that is most appropriate for their application. Additional information on NEPA requirements can be found in the EECBG Program Application Instructions. Recipients may contact the NEPA team with any additional questions concerning reporting here. Davis-Bacon Act (DBA) Equipment rebate recipients are required to complete an assurance letter certifying that all laborers and mechanics employed by the applicant in the performance of construction, alteration, or repair work funded by EECBG Program funds are paid wages at rates no less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor. This assurance letter is built into the equipment rebate application. Local wage determinations can be found by using this E-Tool. Page 237 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EECBG Program Voucher Handbook January 2024 16 Recipients of EECBG Program equipment rebates are required to undergo DBA compliance training and to maintain competency in DBA compliance. The U.S. Department of Labor (DOL) offers free Prevailing Wage Seminars several times a year that meet this requirement which can be found here. For additional guidance on how to comply with the Davis-Bacon Act requirements, please see the DOL’s DBA overview and DBA applicable project guidance as well as Section D Part 5 of the EECBG Program Administrative and Legal Requirements Document. Build America, Buy America (BABA) Equipment rebate recipients with awards greater than $250,000 are required to comply with the Build America, Buy America Act (BABA). Federally assisted projects which involve infrastructure work require that all iron, steel, and manufactured products used in the infrastructure work are produced in the United States and that all construction materials used in the infrastructure work are manufactured in the United States. Applicants are strongly encouraged to consult the BABA Guidance and Resources to determine whether their project may have to apply this requirement, both to make an early determination as to the need of a waiver, as well as to determine what impact, if any, this requirement may have on the proposed project’s budget. BABA waivers can be obtained due to nonavailability and unreasonable costs. A list of DOE BABA waiver requests can be found here. Applicants are encouraged to review this list to determine if there are any existing waiver requests relevant to their application. Please note that on July 28, 2023, DOE released a General Applicability Public Interest Waiver for Build America, Buy America Act equipment purchasing requirements that exempts entities with EECBG Program formula allocations totaling $250,000 from BABA requirements. Page 238 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SCE P STATE & COMMUNITY ENERGY PROGRAMS EECBG Program PRE -AWARD INFORMATION SHEET Each Energy Efficiency and Conservation Block Grant (EECBG) Program recipient shall provide the following information on behalf of itself and all subrecipients and certify that the information is accurate and complete. Recipients may choose to provide this information in whatever format they like, as this form is optional. EECBG Program recipients representing local and tribal entities may select from two options: 1) a grant or 2) a voucher for technical assistance and/or equipment rebates. EECBG Program recipients choosing a grant must provide data requested in sections 1 through 8 below. EECBG Program recipients choosing a voucher may skip sections 4 through 7. Please submit your completed document to EECBG@hq.doe.gov. SECTION 1: CONTACT & LOCATION INFORMATION (All recipients) Recipient Name: City of Chula Vista UEI: NA Business Officer BO): Miranda Evans BO Phone Number: 619) 409-5913 BO Email: mevans@chulavistaca.gov Project Director/ PI Phone PI Principal C o l e e n W i s n i ews ki Number: 619-409-5828 Email: cwisniewski@chulavistaca.gov Investigator PI): Note: PI is the designated primary point of contact for the EECBG grant, such as the Project or Program Manager. Business Officer is the authorized individual responsible for financial management of the EECBG grant. Additionally, UEI number is required for grant applicants, but not for voucher applicants. A. TYPE OF ORGANIZATION — Please indicate the type of organization of the Recipient by selecting one of the following: QLocal Government 0 Tribal Government OState OTerritory B. LOCATION AND CONGRESSIONAL DISTRICT List the address and Congressional(s) district for the primary location where the grant will be performed. Street Address: 276 4th Avenue City: Chula Vista State: California Zip: 91910 Congressional District(s): 52nd and 53rd Revised March 21, 2023 Page 239 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECTION 2: GRANT OR VOUCHER (All recipients) EECBG Program recipients representing local and tribal entities must select whether to receive their EECBG Program award in the form of a grant or a voucher for technical assistance and/or equipment rebates. Please indicate your choice here. All States & Territories must select "Grant." (Select one option) [response to this question is non -bindings QVoucher for Technical Assistance Voucher for Equipment Rebate QVoucher for both Technical Assistance and Equipment Rebate O Grant SECTION 3: BUSINESS ASSURANCES (All recipients) A. DISCLOSURE OF POTENTIAL IMPROPRIETIES Below, please disclose if any of the following conditions exist. If the answer to any question (a) through (g) below is yes, provide a detailed explanation in an attachment to this form. a. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals' under investigation for or charged with a covered offense'? OYes @No b. Has the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals been convicted of a covered offense in the last five years or had a civil judgment rendered against them for one of those offenses in that time period? OYes @No c. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals under investigation for potential violation of U.S. export control laws and regulations, or has the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals been convicted of any violations of U.S. export control laws and regulations? OYes No d. Is the proposed Recipient or Subrecipient(s) under investigation for potential violations of the Drug -Free Workplace Act of 1988, or has the proposed Recipient or Subrecipient(s) been convicted of any violations of the Drug -Free Workplace Act of 1988? Yes No 1 For this form, "principal" means: (1) An officer, director, owner, partner, PI, or other person (as defined in 2 C.F.R. 180.95) within the Project Team with management or supervisory responsibilities related to this project and any resulting transaction; or (2) A consultant or other person, whether or not employed by the Recipient, Subrecipient, or their principals, or paid with Federal funds, who a) is in a position to handle Federal funds, (b) is in a position to influence or control the use of those funds, or (c) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the transaction, including but not limited to, any Co -PIs. 2 For this form, "covered offenses" include: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the Recipient's present responsibility. Revised March 21, 2023 Page 2 of 10 Page 240 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda e. Is the proposed Recipient, Subrecipient(s), or any of the Recipient's or Subrecipient's principals under investigation for research misconduct, or has the proposed Recipient, Subrecipient(s), or the Recipient's or Subrecipient's principals been convicted of research misconduct? Q Yes Q No f. Has any Federal Agency recommended or initiated proceedings against the proposed Recipient, Subrecipient(s), or the Recipient's or Subrecipient's principals for suspension or debarment, or is the proposed Recipient, Subrecipient(s), or the Recipient's or Subrecipient's principals debarred, suspended, publicly banned from doing business with the Federal government, or otherwise declared ineligible from receiving Federal Contracts, subcontracts or financial assistance? QYes QNo g. Is the proposed Recipient or Subrecipient(s) delinquent on federal debt or insolvent or at risk of insolvency or have the proposed Recipient or Subrecipient(s) filed for bankruptcy in any domestic or foreign jurisdiction? QYes F)No B. POTENTIAL CONFLICTS OF INTEREST 1. Financial Conflicts of Interest. The Recipient must disclose in writing any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators) and include sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to assess the appropriateness of the non -Federal entity's management plan. See Section V(b)(3) of the DOE Interim Conflict of Interest Policy. As part of this DOE funded project, does the recipient or any subrecipients have any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators)? QNo QYes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section V(b)(3). C. Organizational Conflicts of Interest'. The Recipient must disclose in writing any potential or actual organizational conflict of interest to DOE. See DOE Interim Conflict of Interest Policy Section VI and 2 CFR 200.318 for more information. As part of this DOE funded project, does the recipient or any subrecipients intend to engage in a procurement with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe? QNo QYes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section VI. Recipients choosing a voucher may skip to Section 8** 3 Organizational Conflict of Interest means a situation where because of relationships with a parent company, affiliate, or subsidiary organization, the non -Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 2 CFR 200318(c)(2). Revised March 21, 2023 Page 3 of 10 Page 241 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECTION 4: PAYMENT INFORMATION (Grant recipients only) Provide (1) the awardee seven -digit ASAP (Automated Standard Application for Payment System) ID number that is under the DOE / Golden Field Office (GO) Agency Locator Code (ALC) and Region Code (#8900-0001-04) if available; 2) the name, phone number and email for the ASAP / Payments Contact Person; and (3) indicate whether the preferred payment method is by advance or reimbursement. Note: If ASAP number is not available, please leave field (1) blank and proceed with filling out (2) and (3). 1) ASAP Number: 2) ASAP/Payments Contact Person: 3) Indicate Preferred Payment Method: ® Payment by Advance ® Pay ment by Reimbursement SECTION 5: PERFORMANCE AND FINANCIAL INFORMATION REQUEST (Grant recipients only) Before providing this information, please read the ADDITIONAL INFORMATION at the end of this form. Each field identified below must be completed. Has the Recipient had prior Federal awards? OYes ONo If Yes: Is the Recipient up to date on all reporting requirements on all other current and ®Yes O No prior awards, including submitting acceptable final technical reports, with other Federal or non -Federal organizations? If you check No to this question, please attach an explanation. 2a. Has the Recipient had an independent Single Audit or independent Compliance OYes ®No Audit per Federal regulations, or had a prior Defense Contract Audit Agency (DCAA) Audit performed? Please see attached instructions regarding Independent Audit requirements.) 2b. Has the Recipient undergone a Financial Audit within the last 3 years? 0 Yes 1 No If Yes to either 2a. or 2b.: a. A copy of the audit is attached to this form. 0 Yes ®No b. An electronic copy of the audit was provided with application package. 0l Yes No An electronic copy of the audit can be found at If audit was not provided, please explain why it has not been completed and/or provided: Recipient's fiscal year end date is 4a. Identify the Federal Agency providing the preponderance of funding from ALL Government Awards which the Recipient's organization is/was the prime recipient, including any DOE Awards. Provide Agency name, Cognizant Agency point of contact (individual in charge of negotiating billing rates), phone number, and e-mail. If the Recipient's organization has a DCAA contact, please provide this information in 4(c) below): Agency: Revised March 21, 2023 Page 4 of 10 Page 242 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Point of Contact: Phone/Email: 4b. DCAA Contact Information: DCAA Office: Point of Contact: Phone/Email: SECTION 6: FINANCIAL MANAGEMENT SYSTEM — ACCOUNTING SYSTEM SURVEY (Grant recipients only) To qualify for Financial Assistance, compliance with 2 CFR 200 as amended by 2 CFR 910 is required. This includes assurance of an adequate accounting system for estimating, accounting, and billing for governmental funding received. Please complete the checklist below as assurance of this requirement. For additional information, please visit https://www.dcaa.mil. Please refer specifically to the "Pre -award Accounting System Adequacy Checklist" under CUSTOMERS -->Checklists and Tools. 1. Is the Accounting System in accordance with Generally Accepted Accounting Principles applicable to the circumstances and associated applicable Federal regulations? 2. Accounting System provides for: a. Segregation of direct costs from indirect costs. b. Identification and accumulation of direct costs by project. c. A logical and consistent method for the allocation of indirect costs to intermediate and final cost objectives. (Project line items are final cost objective) d. Accumulation of costs under general ledger control. e. A timekeeping system that identifies employees' labor by intermediate and final cost objective (i.e., project level, division level). f. A labor distribution system that charges direct and indirect labor to appropriate cost objectives. g. Interim (at least monthly) determination of costs charged to a project through routine posting of books of account. h. Excluding costs charged to Government projects which are not allowable in terms of FAR 31, Contract Cost Principles and Procedures, or other provisions. i. Identification of costs by project line item and by units (as if each unit or line item were a separate project) if required by the proposed award. Yes No NA wore 000 000 0 0 0 COC 000 000 0 0 0 3. Is the Accounting System designed, and are the records maintained in such a manner that 0adequate, reliable data are developed for use in developing cost proposals? 00 4. Is the Accounting System currently in full operation? Revised March 21, 2023 Page 5 of 10 Page 243 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SECTION 7: REPRESENTATION/CERTIFICATION (Grant recipients only) Certification of the information is required by the organization's authorized representative I certify that I have registered in the System for Award Management (SAM). I certify that I have registered in FedConnect.net in order to receive award documentation. I certify that all subrecipient cost information has been reviewed, and that all subrecipient costs are reasonable, allowable, and allocable in accordance with the applicable cost principles. All subrecipient budget documents should be available upon DOE request. I certify that all direct costs proposed in the application (under the personnel, travel, equipment, supplies, contractual, construction, and/or other direct costs categories) are direct to the project and are not duplicated in the proposed indirect costs. I certify that the processes undertaken to solicit any subrecipients, subawards, subcontracts and vendors comply with our organization's written procurement procedures as outlined in "Procurement Standards" 2 CFR 200.317 through 2 CFR 200.326 inclusive. I certify the Recipient: 1) Has in effect an up to date, written, and enforced administrative process to identify and manage conflicts of interest with respect to all projects for which financial assistance funding is sought or received from DOE; 2) Shall promote and enforce Investigator compliance with DOE's Interim Conflict of Interest (COI) Policy's requirements including those pertaining to disclosure of significant financial interests; 3) Shall manage financial conflicts of interest and provide initial and ongoing financial conflicts of interest reports to DOE; 4) Agrees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of financial interests and the Recipient's review of, and response to, such disclosure, whether or not the disclosure resulted in the Recipient's determination of a financial conflict of interest; and 5) Shall fully comply with the requirements of the DOE Interim COI Policy. SECTION 8: SIGNATURES (All recipients) I, the Authorization Official named below, represent by my signature that I am authorized to certify this information on behalf of the Recipient. I certify to the best of my knowledge and belief that the information contained in this Pre - Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE's funding decision, and (2)1 have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above. Name: Title: Signature of Authorized Official: Revised March 21, 2023 Page 6 of 10 Page 244 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Date: I, the Principal Investigator named below, certify to the best of my knowledge and belief that the information contained in this Pre -Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE's funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above. Name: Title: Signature of Principal Date: Revised March 21, 2023 Page 7 of 10 Page 245 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ADDITIONAL INFORMATION This information will assist DOE in determining: 1) cognizance; 2) whether the Recipient has adequate internal financial and management controls; and 3) whether the Recipient has an adequate accounting system. Generally, cognizance means that an organization has a Federal oversight agency (cognizant agency). Cognizance of an organization is used for many purposes including: determining which agency is responsible for verifying correct allocation of indirect rates to incurred costs; issuing the Provisional and Final Indirect Rate Agreements; and ordering audits. Adequate internal controls and accounting systems are essential to ensure that the Recipient's costs are correctly estimated, recorded, and billed. The Recipient has the responsibility to ensure that these systems are in place. The cognizant Agency has the responsibility for verifying these systems through audits or other methods. For additional information, please visit https://www..dcaa.mil. Please refer specifically to the "Pre -award Accounting System Adequacy Checklist" under CUSTOMERS -->Checklists and Tools. Cognizance is determined by TOTAL Federal award/contract dollars received by the Recipient/Contractor from all Federal agencies. This information is used to determine which Federal agency has the largest preponderance of funding and is cognizant. Once a Federal agency assumes cognizance for a contractor, it should remain cognizant for at least 5 years to ensure continuity and ease of administration. Cognizance related duties are the responsibility of the Cognizant Federal Agency (CFA). The CFA is the Federal agency e.g., Department of Defense, Department of Energy, Navy, etc.) that provided the preponderance (largest amount) of funding for your awards, across all federal agencies. It is very important to confirm that you work with the correct office. General Rule of Thumb: Department of Health & Human Services (DHHS) is usually the CFA for Universities, Cities, States, and Counties. DHHS cognizance is not usually transferred. If it is determined that the Department of Energy/Golden Field Office (GO) is the Cognizant Federal Office, the Recipient will have the following ANNUAL responsibilities: 1. Submit a Certified Annual Incurred Cost Claim (ICE Model — see #3 below) to the GO Cost/Price mailbox CostPricenee.doe.gov). This should represent the total organization's costs (representing the Company General Ledger), not just the Recipient's DOE award(s). 2. Due Date: 180 days after the Recipient's fiscal year end. 3. . For an example of the ICE Model, please visit his://www.dcaa.mil. Under "CUSTOM ERS ->Checklists and Tools", click on ICE (Incurred Cost Electronically) Model and download the ICE model. Once the information is received, GO will have the responsibility of providing your organization with an annual indirect rate agreement. This indirect rate must be used on all Federal grants and contracts. If it is determined that GO is not the Cognizant Federal Office, the Recipient should contact the Cognizant Office for additional instructions. Revised March 21, 2023 Mage 8 of 10 Page 246 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ANNUAL AUDIT REQUIREMENTS Independent (Single &Compliance) Audit Requirements 2 CFR 200, Section F located at: hgp://www.ecfr.gov/cgi-bin/text- idx?SID=6e187b05cfeca4f534c659f20983bl4e&mc=true&node—pt2.1.200&r—div5 For -Profits: 2 CFR 910, Section F located at: hqp://www.ecfr.gov/cgi-bin/text-idx?nodefpt2.1.910&rgn--div5 Below are excerpts from Section F. Audit requirements. a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single (program -specific, not applicable for For -Profits) or compliance audit conducted for that year in accordance with the provisions of this part. b) Single audit. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 - Scope of audit except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. b) Compliance audit. (1) If a for-profit entity has one or more DOE awards with expenditures of $750,000 or more during the for-profit entity's fiscal year, they must have a compliance audit for each of the awards with $750,000 or more in expenditures. A compliance audit should comply with the applicable provisions in §910.514—Scope of Audit. The remaining awards do not require, individually or in the aggregate, a compliance audit. c) Program -specific audit election. (Not applicable to For -Profits). When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program -specific audit conducted in accordance with §200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program -specific audit. d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than 750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office GAO). e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section §200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. Revised March 21, 2023 Page 9 of 10 Page 247 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also 200.332 Requirements for pass-through entities. Revised March 21, 2023 Page 10 of 10 Page 248 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Dog Bites in San Diego County Report Number: 24-0289 Location: No specific geographic location Department: Animal Care 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 the 2023/2024 Grand Jury Report on Dog Bites in San Diego County and authorizing the response on behalf of the City. SUMMARY On June 10, 2024, the San Diego Grand Jury published a report entitled “Dog Bites in San Diego County” (“Grand Jury Report” or “Report”). City of Chula Vista (“Chula Vista” or “City”) learned of the report ’s existence on or about August 29, 2024 from a third party and obtained a copy of the Report from the Grand Jury’s website. City otherwise has no record of receiving the Report. The Grand Jury Report contained four Findings and four Recommendations and directed Chula Vista to respond to Findings 1 and 2 and Recommendations 1 and 2. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 249 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On June 10, 2024, the San Diego Grand Jury published a report entitled “Dog Bites in San Diego County” (“Grand Jury Report” or “Report”). City of Chula Vista (“Chula Vista” or “City”) learned of the report in September, 2024 from a third party and obtained a copy from the Grand Jury’s website. The City has no record of receiving the Report. The Grand Jury Report contained four Findings and four Recommendations and the Grand Jury directed Chula Vista to respond to Findings 1 and 2 and Recommendations 1 and 2. The following response pursuant to California Penal Code 933(c) and 933.05 is on behalf of the City of Chula Vista. RESPONSE TO GRAND JURY’S FINDINGS 1 AND 2: Finding 1: Not all animal control agencies with jurisdiction for animal control in the cities of San Diego County consistently report their dog bite information to San Diego County Animal Control for annual reporting to the California Department of Public Health. The City disagrees with this finding as to City of Chula Vista only. City cannot comment as to other jurisdictions. For more than 10 years, City has annually reported data to the County of San Diego, including but not limited to, the number of dog bites, dog licenses issued, vaccines administered, and animal quarantines within its jurisdiction. This information is provided annually by Chula Vista to the County of San Diego on the form titled “Local Rabies Control Activity Report,” used for reporting to the California Department of Public Health’s Veterinary Public Health Section (CDPH-VPHS). As Chula Vista also performs animal care services for the cities of Imperial Beach and Lemon Grove, City’s annual reporting to the County also includes data for these cities.1 Finding 2: Public information concerning fines for violations of dog control ordinances is not available for all interviewed jurisdictions. The City disagrees with this finding as to City of Chula Vista only. City cannot comment as to other jurisdictions. Chula Vista’s Municipal Code, Title 6 regulates animals within City’s jurisdiction. Section 6.24.180 outlines fines under the provisions of City’s Municipal Code for violations concerning dogs. Chula Vista’s Municipal Code is available to the public online, and the specific provision outlining fines can be found at https://chulavista.municipal.codes/CVMC/6.24.180. 1 The City’s annual reporting to the County does not include animal license data for Lemon Grove as City does not have access to data regarding licenses issued by Lemon Grove. Page 250 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 RESPONSE TO GRAND JURY’S RECOMMENDATIONS 1 AND 2: The 2023-2024 Grand Jury recommends that all interviewed cities: Recommendation 1: Interviewed cities should submit to the County of San Diego reports about all dog bites within their jurisdictions annually. This recommendation has already been implemented by City of Chula Vista. For more than 10 years, City has annually reported data to the County of San Diego, including but not limited to, the number of dog bites, dog licenses issued, vaccines administered, and animal quarantines within its jurisdiction. This information is provided annually by Chula Vista to the County of San Diego on the form titled “Local Rabies Control Activity Report,” used for reporting to the California Department of Public Health’s Veterinary Public Health Section (CDPH-VPHS). As Chula Vista also performs animal care services for the cities of Imperial Beach and Lemon Grove, City’s annual reporting to the County also includes data for these cities as well.2 City cannot comment for other jurisdictions. Recommendation 2: Interviewed cities and the County of San Diego should publicly post the fines associated with violations of ordinances concerning dogs. This recommendation has already been implemented by City. City cannot comment as to other jurisdictions. Chula Vista’s Municipal Code Title 6 regulates animals within City’s jurisdiction. Section 6.24.180 outlines fines under the provisions of City’s Municipal Code for violations concerning dogs. Chula Vista’s Municipal Code is available to the public online, and the specific provision outlining fines can be found at https://chulavista.municipal.codes/CVMC/6.24.180. City will analyze additional ways to publicly post fines associated with violations of ordinances concerning dogs and implement viable options. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. 2 The City’s annual reporting to the County does not include animal license data for Lemon Grove as City does not have access to data for licenses issued by Lemon Grove. Page 251 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 ATTACHMENTS 1. Grand Jury Report – Dog Bites in San Diego County 2. Response to Grand Jury Report Staff Contact: Courtney Chase, Deputy City Manager Ashley Milo, Deputy Director of Animal Services Page 252 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2023/2024 GRAND JURY REPORT ON DOG BITES IN SAN DIEGO COUNTY AND APPROVING THE RESPONSE ON BEHALF OF THE CITY WHEREAS, on June 10, 2024, the Grand Jury published a report entitled, “Dog Bites in San Diego County” (Grand Jury Report) with the Clerk of the Court; and WHEREAS, City was not served with the Grand Jury Report but learned of the Grand Jury Report on or about August 29, 2024, from a third party and obtained a copy of the Grand Jury Report from the Grand Jury’s website; and WHEREAS, the Grand Jury Report made four findings and four recommendations and requires City of Chula Vista to respond to two of the findings and two of the recommendations; and WHEREAS, City staff have carefully reviewed the Grand Jury Report and prepared a response to the Honorable Maureen F. Hallahan, Presiding Judge of the San Diego Superior Court, as required, addressing the findings and recommendations directed to City in the Grand Jury Report; and WHEREAS, it is requested that the Mayor and City Council accept the Grand Jury Report and authorize City to submit the letter as a completed response from the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2023/2024 Grand Jury Report on Dog Bites in San Diego County and approves the response on behalf of City. Presented by Approved as to form by Courtney Chase Marco A. Verdugo Deputy City Manager City Attorney Page 253 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 2023/2024 SAN DIEGO COUNTY GRAND JURY DOG BITES IN SAN DIEGO COUNTY SUMMARY Dog bites can cause physical and psychological harm and spread disease. About 2,500 dog bites are reported annually by San Diego County to the California Department of Public Health, although the true number is larger as not all cities make the required report. The Grand Jury decided to investigate how dog bites are handled in the County after receiving a complaint from a person who had suffered a dog bite and felt there was inadequate follow-up of the incident. The Grand Jury investigation revealed that animal control officers investigate dog bite reports and use their investigation to educate the dog’s owner and make recommendations to prevent subsequent incidents. The Grand Jury interviewed the County of San Diego and three cities located in San Diego County. In some interviewed jurisdictions, animal control officers are authorized to issue citations with fines, an effective method to inform owners of the potential seriousness of their animal’s behavior. However, few interviewed cities make the fines associated with dog ordinance violations known to the public. Dogs that inflict serious bodily harm or bite twice in four years may be required to submit to a Dangerous Dog hearing. Animal control officers follow up after such a hearing to ensure an owner is adhering to court-mandated requirements. However, the location of Dangerous Dogs in San Diego County is not publicly posted. The Grand Jury recommends all interviewed jurisdictions annually report dog bite statistics to the County of San Diego and post the fines associated with violations of dog ordinances. Additionally, the Grand Jury recommends that the County and interviewed cities without citations with fines develop regulations authorizing their animal control officers to issue such citations for violations of animal control ordinances including dog bites. Finally, the Grand Jury recommends that all interviewed jurisdictions report the address of any dog designated a Dangerous Dog to the County for public posting. Other cities with animal control services are encouraged to follow a similar practice. BACKGROUND San Diego, like the rest of California, has a high rate of dog ownership with an estimated 500,000 dogs residing in the County.1 Dog ownership includes the responsibility of caring for and controlling the dog’s behavior. Dog bites are the 13th leading cause of injuries in the United States.2 In 2022, 60,000 people in California went to an emergency room because of an encounter with a dog. Of these encounters, 87% were due to dog bites.3 Every year, San Diego County reports around 2,500 dog bites to the California Department of Public Health. San Diego ranks fifth among cities nationally for dog bites to postal carriers.4 In San Diego County, each incorporated city is responsible for animal control. The San Diego Humane Society has contracts for animal services, including animal control, with the following cities: Cardiff, Carlsbad, Del Mar, Encinitas, Oceanside, Solana Beach, Vista, San Marcos, Escondido, Poway, La Mesa, El Cajon, and San Diego. Chula Vista Animal Care performs the same services for the cities of Chula Vista, Imperial Beach, and Lemon Grove. Coronado and Page 254 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 2023/2024 SAN DIEGO COUNTY GRAND JURY National City police departments are responsible for animal control in their communities. San Diego County Animal Services is responsible for animal control in the unincorporated areas of the county. The San Diego County Department of Public Health is responsible for annually collecting animal statistics from all jurisdictions and sending these to the California Department of Public Health. San Diego County and the three interviewed cities have varying ordinances governing animal control. Chula Vista and National City can issue citations with fines for a violation. Most cities have citations with fines for dogs being off leash. San Diego County Animal Control Officers issue citations without attached fines for violations.5 METHODOLOGY The Grand Jury interviewed persons involved with animal control from San Diego County, the cities of San Diego, Coronado, and Chula Vista as well as the San Diego Humane Society and Chula Vista Animal Services. The Grand Jury reviewed state and county documents related to dog bite reporting as well as applicable animal control regulations and codes for the County of San Diego and cities both in the County of San Diego and in the state. DISCUSSION Reporting of Dog Bites A dog bite incident is required to be reported to the animal control agency which has jurisdiction over where the bite occurred. Incident reports come from one of three mandated reporting sources: emergency rooms, the person who has been bitten, or the dog’s owner. A witness may also file a report. The Grand Jury’s interviewees stated most reports come from emergency rooms. If multiple reports are received about a single incident, these are collated as a single incident. All interviewed agencies maintain a database of dog bites and can link multiple bite incidents to a single dog if the owner of the dog is identified in the incident report. Once a dog bite report is filed, an animal control officer will follow up to determine the details of the incident. The officer will determine the dog’s vaccination and license status and assess its risk for rabies. If the rabies risk is low, typically the dog can be quarantined at the owner’s home for the 10-day required observation period for rabies symptoms. If for some reason the owner cannot reasonably assure the dog can be kept securely on the premises, then the officer can elect to require the dog be placed in a shelter for the quarantine period. At this initial assessment, based on the circumstances of the bite incident, officers can provide education about corrective measures they would recommend to prevent a subsequent incident. Dog bites, as well as bites from other animals, pose a potential threat to public health since all counties in California have been declared rabies areas.6 Due to the risk of rabies from a dog bite, California mandates reporting the number of dog bites to the local health authority, which is typically the agency responsible for animal control in the jurisdiction where the dog bite occurred.7 The County requires these agencies to send them the total number of dog bites annually. The total number of dog bites reported by San Diego County to the California Department of Public Health between the years 2020-2022 was approximately 2,500 of which Page 255 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 2023/2024 SAN DIEGO COUNTY GRAND JURY 40% were attributed to dogs that were unvaccinated or were of unknown vaccination status. However, the Grand Jury noted that dog bite data for these three years provided from San Diego County did not include information from all cities in the County. The Grand Jury recommends all cities or the agencies with which they contract for animal control services report their dog bite statistics annually to the County of San Diego. This will ensure there is complete information so that trends in dog bite numbers are reliable. Dangerous Dog Designation and Control A Dangerous Dog hearing is held when a dog bite results in substantial harm or death while the person bitten was engaged in a lawful activity, or if there are two bite reports recorded within 48 months where the victim’s skin was broken.8 Dangerous Dog hearings require those who have been bitten to testify in court. Animal Control Officers state that Dangerous Dog hearings can be difficult to convene. The Grand Jury learned from interviews that quite a few witnesses find the idea of testifying in court, which is a requirement of the process, a daunting experience and it is one of the primary reasons Dangerous Dog hearings seldom occur. Despite the estimated population of half a million dogs in San Diego County, Dangerous Dog hearings are rare. In the San Diego Humane Society reports for the last 3 fiscal years, 9 to 18 Dangerous Dog hearings a year took place, with 78% to 90% of those hearings resulting in the declaration that the dog was dangerous.9 Once a dog is declared a Dangerous Dog, certain mandated requirements are placed on the dog and the owner. The dog must wear a dog tag that clearly states it is a Dangerous Dog, it must be muzzled when out in public, and all entrances to the owner’s property must have signs announcing the presence of a Dangerous Dog. The owner is required to have liability insurance of at least $100,000. Additionally, after an assessment of the home setting of the dog, there may be further requirements concerning fencing and gates. As far as the Grand Jury could determine, there is adequate follow-up by animal control officers immediately after the hearing to ensure owners are complying with the conditions mandated at the hearing. It is not known if any subsequent spot checks are done to evaluate if the mandates are being maintained. If the dog has no subsequent incidents or other violations within 36 months of the hearing, such as being found at large, the Dangerous Dog designation is lifted.10 Some jurisdictions have developed local ordinances permitting animal control officers to issue citations with fines. This process is a method of convincing owners of the seriousness of dog ordinance violations. Typically, these fines are $100 for an initial violation, $200 for the second violation in the same year, and $500 for subsequent violations in the same year. The Grand Jury could not easily find the fines associated with any violations of dog ordinances, including being off-leash, for most cities in San Diego County. National City and Chula Vista both have specific citation policies. Chula Vista imposes a fine of $175 for the initial dog bite. The city of Del Mar’s Animal Services website posts off-leash fines. San Diego County does not have any ordinances related to issuing citations with fines attached for violations of its animal control ordinances, and the City of San Diego follows the County's policies. The Grand Jury recommends that interviewed cities that do not have such ordinances and the San Diego County Board of Supervisors implement regulations that would permit their animal control agencies to issue citations with fines for violations of animal control ordinances, including when there is a reported dog bite incident. Page 256 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 2023/2024 SAN DIEGO COUNTY GRAND JURY Locations of Dangerous Dogs San Diego County does not publish a list of Dangerous Dogs and their locations. For interested members of the public, this information can only be found by searching county court records. The Grand Jury identified several jurisdictions in the United States that publish information about the locations of Dangerous Dogs. The following is a sample of what has been posted in different jurisdictions.  The State of Virginia has a searchable database by county and town that identifies Dangerous Dogs by owner and address with pictures of the dog and the imposed Dangerous Dog requirements.11  Volusia County, Florida, maintains a GIS map of Dangerous Dogs within their county.12  Minneapolis, Minnesota, has a map with the location of Dangerous Dogs and their pictures on request.13  Metro Animal Services, serving four cities in Pierce County in Washington, provides only the general location of Dangerous Dogs by the ‘hundreds’ block.14 This is similar to how the San Diego Police Department produces neighborhood crime statistics. Knowing the approximate location of Dangerous Dogs in a neighborhood would help San Diego citizens avoid those locations. The Grand Jury recommends the County Board of Supervisors create and implement a County process in which all jurisdictions may forward the location of a dog that has been designated as a Dangerous Dog to San Diego County Animal Control where it is accessible to the public. Scope of Findings and Recommendations Since the Grand Jury interviewed the agencies holding contracts for animal control services in many cities but not all city agencies that are responsible for these contracts, the Grand Jury cannot require a response from all cities. Therefore, the Grand Jury identifies those cities that are required to respond according to the Grand Jury report under California Penal Code §933(c), as well as those that are invited to respond. FINDINGS F1. Not all animal control agencies with jurisdiction for animal control in the cities of San Diego County consistently report their dog bite information to San Diego County Animal Control for annual reporting to the California Department of Public Health. F2. Public information concerning fines for violations of dog control ordinances is not available for all interviewed jurisdictions. F3. Providing the authorization to animal control officers to issue citations and fines would provide a method, short of a Dangerous Dog hearing, to incentivize owners to better control their dog’s behavior. F4. Public information about the presence of Dangerous Dogs in a neighborhood, particularly near public schools, is not readily available in San Diego County. RECOMMENDATIONS Page 257 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 2023/2024 SAN DIEGO COUNTY GRAND JURY R1. Interviewed cities should submit to the County of San Diego reports about all dog bites within their jurisdictions annually. R2. Interviewed cities and the County of San Diego should publicly post the fines associated with violations of ordinances concerning dogs. R3. Interviewed cities and the County of San Diego should develop regulations for a citation and fine process for the violations of animal control ordinances including when a dog bite is reported. R4. The San Diego County Board of Supervisors direct the County Animal Control Division to develop a plan for collecting information about the location of a declared Dangerous Dog within the County and posting this information, so it is readily available to the public. 1 NBC7 San Diego. “Why is San Diego so obsessed with dogs?” (2020) https://www.nbcsandiego.com/news/local/why-is-san-diego-county-so-obsessed-with-dogs/2377568/ 2 Loder, Randall T. “The demographics of dog bites in the United States.” Heliyon, 31. (March 20, 2019) https://doi.org/10.1016/j.heliyon.2019.e01360. 3 Califiornia Department of Health Care Access and Information Datasets. Hospital Emergency Department Diagnostic Procedure & External Cause Codes. https://data.chhs.ca.gov/dataset/hospital-emergency-department- diagnosis-procedure-and-external-cause-codes. 4 US Postal Service. “US Postal Service Releases Dog Bite National Rankings.” (June 1, 2023) https://about.usps.com/newsroom/national-releases/2023/0601-usps-releases-dog-bite-national-rankings.htm 5 San Diego County Code of Ordinances, Chapter 4, Section 6, 62.661 and 62.662. https://codelibrary.amlegal.com/ codes/san_diego/latest/sandiego_regs/0-0-0-102999 6 Aragon, Tomas J. Declaration of Rabies Areas. California Department of Public Health. (January 1, 2024) https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/DeclarationofRabiesAreas.pdf 7 California Health and Safety Code, title 17, §2606. 8 San Diego County Codes §62.695 and 69.674 https://codelibrary.amlegal.com/codes/san_diego/ latest/sandiego_regs/0-0-0-102784 9 San Diego Humane Society. “Impact Reports”. https://resources.sdhumane.org/Programs_and_Services/ About_San_Diego_Humane_Society/Municipal_Quarterly_Impact_Reports 10 https://leginfo.legislature.ca.gov/faces/ codes_displayText.xhtml?lawCode=FAC&division=14.&title=&part=&chapter=9.&article=3 11 Virginia Department of Agricultural and Consumer Services. “Dangerous Dog Registry Search” https://dd.vdacs.virginia.gov/Public/Index 12 Volusia County, Florida. “Dangerous Dog Registry.” https://arc-gis-hub-home-arcgishub.hub.arcgis.com /maps/VolusiaCountyFL::dangerous-dog-registry/about 13 Minneapolis Resident Services. “Dangerous Dog Maps”. https://www.minneapolismn.gov/resident- services/animals-pets/dangerous-animals/dangerous-dogs-map/ 14 Metro Animal Services. “Dangerous and Potentially Dangerous Dogs.” https://metroanimalservices.org/about- metro/dangerous-dogs-and-potentially-dangerous-dogs/ Page 258 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6 2023/2024 SAN DIEGO COUNTY GRAND JURY REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code 933.05 are required from the: Page 259 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7 2023/2024 SAN DIEGO COUNTY GRAND JURY Required Responding Agency Findings Recommendations City of Coronado F1, F2 R1, R2 City of Chula Vista F1, F2 R1, R2 City of San Diego F2, F3 R2, R3 San Diego County Board of Supervisors F2, F3, F4 R2, R3, R4 Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code 933.05 are invited from the: Invited Responding Agency Findings Recommendations City of Cardiff F2, F3 R2, R3 City of Carlsbad F2, F3 R2, R3 City of Del Mar F3 R3 City of El Cajon F2, F3 R2, R3 City of Encinitas F2, F3 R2, R3 City of Escondido F2, F3 R2, R3 City of Imperial Beach F1, F2, F3 R1, R2, R3 City of La Mesa F2, F3 R2, R3 City of Lemon Grove F1, F2, F3 R1, R2, R3 National City F1, F2 R1, R2 City of Oceanside F2, F3 R2, R3 City of Poway F2, F3 R2, R3 City of San Marcos F2, F3 R2, R3 City of Solana Beach F2, F3 R2, R3 City of Vista F2, F3 R2, R3 Page 260 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 261 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 262 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 From: alan mil Sent: Wednesday, November 6, 2024 7:37 AM Subject: OFFICIAL ELECTION RESULTS BALLOTPEDIA FEDERAL AND CALIFORNIA REGISTRARS 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 SAN DIEGO COUNTY REGISTRAR VOTERS BCC TO COMMUNITY FED UP TAX LIES @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 Good morning, INSTEAD OF NEWS OPINION CLICK LINKS TO OFFICIAL RESULTS BALLOTPEDIA ELECTION RESULTS (CLICK CATEGORY OPENS NEW PAGE) https://ballotpedia.org/Election_results https://ballotpedia.org/California_elections,_2024 https://ballotpedia.org/California_2024_ballot_propositions CALIFORNIA STATE RESULTS (STATE TOTAL VOTES) https://electionresults.sos.ca.gov/ https://electionresults.sos.ca.gov/contests/maps/ballot-measures Page 263 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 SAN DIEGO REGISTRAR ELECTION RESULT (SD COUNTY TOTAL VOTES) https://www.livevoterturnout.com/ENR/sandiegocaenr/20/en/Index_20.html WHY DOES CALIFORNIA NEED A MONTH TO COUNT BALLOTS? " All results are unofficial until completion of the official canvass of the election on or before December 5." https://www.sdvote.com/content/rov/en/Election_Results_Explained.html AB37 LAW MAIL BALLOT NO ENVELOPE AS IN PERSON PAPER BALLOT "Carry in the official ballot you receive in the mail, check in at the vote center, sign the electronic roster, and cast your official ballot FREE of its security return envelope" https://www.sdvote.com/content/rov/en/VotersChoiceAct.html Page 264 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 CA EVERY PRECINCT REPEALED AG HARRIS HORRIBLE PROP 47 LAW https://electionresults.sos.ca.gov/returns/maps/ballot-measures/prop/36 Page 265 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 -- 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/ Page 266 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 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) https://www.nonewtaxessd.com/ https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag- is-dishonest-dysfunctional/ Page 267 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Curry – Received 11/6/24 https://www.stopthesalestax.org/ https://ballotpedia.org/Elections https://vote.gov/ Page 268 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications – PC Acosta 1 – Received 11/7/24 From: john acosta Sent: Thursday, November 7, 2024 10:29 AM To: Carolina Chavez <cchavez@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov> Subject: non respond and or acknowledgement WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good Moring City Clerk kindly make this email part of a permanent communication file Good Morning Council member Carolina Several times I have contacted your assistance (GATE KEEPER) by calling and texting him asking him to ask you to contact me for 2 events in your district However as usual he does not respond, nor he acknowledges my call or messages Council member Carolina I have mentioned to you this issue / problem with you gate keeper several times before I suggest 3 different alternatives 1 Replace Him with someone who is community oriented 2 A Training section for him to be more Community friendly 3 Inform the community not to bother contacting you as it seem to me that Your GATE KEEPER is not community oriented Or worse he does not care I will be commenting on this issue on Tuesday during the council meeting If you read this email well thank you if not, I will mention it on Tuesday Thank you John Acosta Page 269 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Jose Where will you try to place Letica Next Remember that taking photo ops with other people Children Or been you friend does not automatedly quality LETICIA to be a School Board member To replace Cesar, or Nicolas Written Communications - PC Acosta 2 - 11/7/24 Page 270 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Jose it is well known that you have tried and tried, and tried to get Leticia elected GET HER A JOB WORKING FOR YOU Written Communications - PC Acosta 2 - 11/7/24 Page 271 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Candidate for CV City Council Misleads as ‘Legal Professional’ •Author:La Prensa •Created:10 February,2024 •- •5 min read •By Arturo Castañares Editor-at-Large •A candidate for the Chula Vista City Council refers to herself as a legal professional and to her legal practice even though she is not a licensed attorney,becoming the second recent candidate to embellish their background in hopes of gaining a political advantage in the county’s second-largest city Written Communications - PC Acosta 2 - 11/7/24 Page 272 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda interconnected web LETICIA CANDIDATE Voting for leticia is voting for the rest Written Communications - PC Acosta 2 - 11/7/24 Page 273 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda What have you done to improve the quality of life for the community that you are getting paid to represent? •It should not be about your bank account. •it should not be about placing your friends in office. •if you were place in office bypuppeteers • •You know who you are •shame on you, step down resign andreclaim your independence. •And •Self pride and Self respect Written Communications - PC Acosta 3 - 11-8-2024 Page 274 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 24-0276 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. SUMMARY The Finance Department is recommending the approval of placing property liens against affected parcels as a preliminary action to placing the delinquencies on County property tax rolls if they remain unpaid. This enhances collections efforts, safeguards the City’s interest in sewer service charges and related delinquent fees, and ensures that collection efforts are directed toward the responsible property owner. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis, and ensure responsible parties meet their sewer service payment obligations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a project as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a government fiscal/ Page 275 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(C)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background City residents and places of business benefit from the use of the City’s wastewater system. The City ensures an equitable distribution of the costs of complying with wastewater discharge requirements placed upon the City through interagency agreements and by state and federal regulatory bodies. Chula Vista Municipal Code (CVMC) section 13.14.150 allows delinquent sewer service charges and associated fees to be assessed as recorded liens upon the affected properties and ultimately placed upon the County property tax bills on those parcels for collection by the County Treasurer-Tax Collector. Staff submits the listing of accounts to City Council for approval at a public hearing on a biannual basis. Statistics & Performance In May 2024, City Council approved 153 delinquent accounts with an aggregate value of $62,500 to be recorded as liens. These accounts were in addition to the 176 delinquent accounts with aggregate value of $53,622 approved by the City Council in December 2023. Of these 329 total delinquent accounts approved by the City Council for collection via property tax billing, 108 were resolved and 221 in the amount of $84,450 were submitted to the County Treasurer-Tax Collector in August 2024. Delinquent sewer service charge fees placed on the County property tax rolls in August, are included in property tax bills issued in September 2024 and are due in two installments, the first is due on November 1, 2024, and second is due on February 1, 2025. Since the May 2024 action, staff identified 1,142 accounts totaling $2,097,000 as being over 60 days delinquent. Through preliminary collection efforts, 906 accounts have been resolved, and the remaining 236 delinquent accounts valued at $113,468 are now submitted to City Council for approval. The listing of accounts is available to the public at the Finance Department. Collections Process Staff execute an equitable process, through an informative approach, consistent with CVMC requirements and collections best practices, to impose the recording of property liens upon affected parcels. Property owners have been notified of the delinquencies through a series of past-due notices sent by the Finance Department. For accounts remaining over 60 days delinquent, staff notifies property owners of the public hearing via mailed notices, requesting them to pay the delinquent charges prior to transmittal of the delinquent account to the County to avoid a lien being placed on the property and eventual collection through property taxes. Account status and property ownership is verified by Staff through a third-party, Spicer Consulting Services. Staff also publishes a public hearing notice in a locally circulated newspaper. Page 276 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 At the public hearing, staff submit a lien list to City Council, containing a list of accounts for related parcels and the most up to date delinquent amounts for consideration, together with any objections or protests by interested parties, of approving the placement of property liens. Staff accept payments and continue to create payment arrangements and work with customers during the public hearing and leading up to the lien recording date, to avoid submitting accounts resolved following the public hearing. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution supports the collection of delinquent sewer service charges through the County property tax roll collection process. Collection of delinquent charges in the amount of $544,700 should occur during fiscal year 2024-25. All expenses associated with this action are funded by the City’s sewer funds and all sewer service charges collected because of this action will be deposited into the City’s sewer funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Sewer service charges and related delinquent fees referred with this resolution will ultimately be recovered via County property tax bills or property lien release payments within the current fiscal year. ATTACHMENTS None. Staff Contact: Jimmy Vasquez, Revenue Manager Sarah Schoen, Director of Finance/ Treasurer Page 277 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges, including all penalties, interest and administrative fees to be charged to the property owner, assessed as a recorded lien upon the affected parcel and ultimately placed on the next regular property tax bill for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after a sixty-day delinquency period has passed, with at least ten days advance notice mailed to affected property owners, notifying them of the time and place of the public hearing and that failure to pay the delinquent account may result in a lien upon the affected parcel and the amount owed ultimately charged to the property owner on the next regular tax bill; and WHEREAS, Section 13.14.150 authorizes City staff to charge an administrative processing fee to offset the costs incurred in administering the provisions of the public hearing and lien assessment processes, as applicable, and designated in the master fee schedule to include the Lien Recording Fee, Recorded Item Non-Payment Penalty, Lien Payoff Demand Letter Fee and Lien Release Fee; and WHEREAS, Staff has identified certain properties for which sewer service charges are over sixty days delinquent and that account status and property ownership have been verified and that property owners have been notified of the delinquencies through a series of notices and notified of the time and place of the public hearing and is recommending that the City Council approve the list of delinquent sewer service accounts as submitted and that these charges be submitted to the County Assessor’s Office as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collect ion by the County Treasurer-Tax Collector; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) has considered assessing certain delinquent sewer service charges, as detailed in the list of delinquent sewer service accounts presented to the City Council for this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens upon the respective parcels of land and t he placement of such delinquent sewer service charges as speci al assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent Page 278 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 2 account list to the County Treasurer-Tax Collector; and (4) approves the assessment of applicable administrative fees in association with the staff costs of recording, processing and release of the liens and recovery of fees imposed by the County as per the Master Fee Schedule. Presented by Approved as to form by Sarah Schoen Marco A. Verdugo Director of Finance/ Treasurer City Attorney Page 279 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MEMO Se Finance Department CHULA VISTA DATE: November 12, 2024 TO: Honorable Mayor & Council FROM: Sarah Schoen, Finance Director SUBJECT: November 12, 2024 Public Hearings to Consider Assessing Delinquent Sewer and Solid Waste Service Charges as Recorded Liens and Placement of Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Attached for your information are updated lists of delinquent sewer and solid waste accounts, to be considered at the November 12, 2024 public hearing (Council agenda items number 7.1 and — 7.2, respectively). — The attached reports reflect delinquent sewer and solid waste accounts through yesterday, November 11, 2024. Accounts may be cleared only if paid in full. Staff will continue to work with delinquent account holders to resolve these outstanding balances prior to forwarding the charges to the County Treasurer-Tax Collector, to be assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection. Should you have any additional questions, I can be reached at (619) 409-3818. Attachments: 1. Delinquent Sewer Accounts (reflects activity through November 11, 2024) 2. Delinquent Solid Waste Accounts (reflects activity through November 11, 2024) 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-561: Page| 1 Page 280 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo Wie ii Y =s5 d City OF CHULA VISTA FINANCE DEPARTMENT COLLECTIONS UNIT Delinquent Sewer Accounts SEWER ACCOUNT APN AMOUNT 001497-000 5710721900 $ 251.59 002672-000 5712921600 $ 217.03 002713-000 5713010500 $ 423.24 002993-000 5711520900 $ 137.93 004301-000 5661010200 $ 112.71 006159-000 5661030800 $ 306.37 024217-000 5680142500 $ 206.93 045965-000 5680142200 $ 733.08 045977-000 5651100500 § 3,194.50 046135-000 5660800800 $ 425.54 062561-000 5670711200 $ 351.04 073515-000 5661520900 $ 417.55 080398-000 5662910900 $ 116.75 086740-000 5711331200 § 221.80 090713-000 5652501602 $ 194.31 090777-000 5711121900 $ 587.74 092335-000 5712100600 $ 147.34 093095-000 5651002100 $ 236.17 099520-000 5661100500 $ 708.50 101536-000 5711030500 $ 296.26 102176-000 5712621300 $ 395.75 103352-000 5703122500 $ 274.60 104978-000 5680741300 $ 500.03 105142-000 5670420400 $ 199.52 111059-000 5703801600 $ 246.81 116783-000 5710630900 $ 260.01 121193-000 5703110400 $ 340.98 121617-000 5711231500 $ 385.02 122219-000 5651921100 $ 202.15 129342-000 5651100600 $ 358.58 130667-000 5661103700 § 1,117.98 137219-000 5711210600 $ 400.54 137267-000 5663007200 $ 147.35 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 2Page 281 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 138615-000 5680141300 $ 147.88 013478-000 5720630400 S$ 1,120.68 013819-000 5721721700 $ 541.88 013853-000 5721630800 $ 246.82 013997-000 5722010100 $ 202.15 014341-000 5722602300 $ 274.61 014532-000 5723100400 $ 384.03 014988-000 5731403000 $ 443.61 017023-000 5693510100 S$ 1,728.33 017785-000 5691710800 $ 351.04 018228-000 5741500600 $ 687.86 061225-000 5691706300 $ 514.89 062601-000 6391830100 S 125.02 078203-000 5691330700 $ 326.03 081048-000 5692512400 $ 321.26 081365-000 5735210500 $ 447.87 093231-000 5734900800 $ 351.04 093515-000 5742711500 $ 604.22 097189-000 5741502000 $ 573.28 097609-000 5732903400 $ 178.97 098699-000 5733512100 $ 375.14 100406-000 5733601000 S 2,197.80 101834-000 5733721300 $ 123.09 104304-000 5684201900 $ 738.29 110268-000 5741711300 S 172.36 117021-000 5730711400 S 2,164.58 120323-000 5721910600 $ 355.16 125400-000 5741204300 $ 251.60 125580-000 5720630200 $ 564.38 125786-000 5741711900 $ 380.84 126251-000 5722521100 $ 268.06 126586-000 5741810400 S 678.10 127440-000 5733811500 $ 781.88 127481-000 5742610200 S 438.60 127547-000 5720800800 $ 296.78 128673-000 5693200100 S 461.77 129959-000 5722401000 $ 916.04 130010-000 5742120600 S 1,883.70 130476-000 5702900800 $ 609.95 131410-000 5733030500 $ 251.60 131620-000 5702800500 $ 270.75 131788-000 5733520900 $ 345.49 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 3Page 282 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 131866-000 5733511400 $ 336.19 132489-000 5693610800 $ 340.97 133874-000 5742710800 $ 231.92 134998-000 5684111100 $ 343.06 135155-000 5722321000 $ 218.28 135160-000 5692421800 $ 336.19 135184-000 5693805900 $ 343.57 136348-000 6391821100 $ 275.88 136389-000 5722321600 $ 321.26 136547-000 5742011200 $ 322.65 136756-000 5722521400 $ 499.03 137005-000 5691801200 $ 414.90 137475-000 5741403300 $ 217.34 138483-000 5691330600 $ 171.33 138572-000 5733421100 $ 194.20 001250-000 5651510300 $ 814.36 001772-000 5711821400 S$ 1,288.08 024274-000 5680441600 $ 207.48 077847-000 5671902400 § 4,238.94 080708-000 5712502200 $ 1,616.12 125134-000 5652611300 $ 823.45 128399-000 5710502200 $ 884.89 136068-000 5713100400 $ 286.26 138370-000 5680440700 $ 241.85 024281-000 5733104000 $ 435.84 116827-000 5730210500 $ 626.48 125160-000 5730210300 $ 695.46 133519-000 5683002800 $ 511.23 134189-000 5733103200 $ 548.11 137177-000 5730900200 $ 204.64 126262-000 5932622400 $ 148.42 126663-000 5932720900 $ 440.41 133714-000 5931902400 $ 420.67 006784-000 6203202800 $ 309.15 007014-000 6203020400 $ 211.21 007045-000 6202100500 $ 232.12 007425-000 6203030400 $ 482.90 007474-000 6203600100 $ 137.20 007650-000 6203902600 $ 212.68 007687-000 6203802300 $ 591.28 007743-000 6201610600 $ 640.77 007766-000 6202513500 $ 230.91 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 4Page 283 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 008172-000 6201700100 S 109.47 008239-000 5755110300 S 340.57 008366-000 6396601600 S 589.12 011208-000 6390430100 S 294.79 011991-000 6395502300 $ 399.19 012293-000 6394021000 S 295.26 012335-000 6393811600 S 246.09 012696-000 6393530400 S 194.13 024790-000 5751001700 $ 637.88 025424-000 6203202600 S$ 1,951.97 061968-000 6396600200 $ 221.82 062300-000 6202730200 S 235.56 068903-000 6203303000 $ 285.99 069386-000 6395201100 S 203.18 069816-000 6390550400 S 322.68 069848-000 6204501100 $ 305.10 069872-000 6203801300 S 379.10 071361-000 6201940100 $ 261.73 073481-000 6202620700 $ 334.66 075658-000 5754810200 $ 319.79 077771-000 5753220800 $ 222.42 079197-000 6394700900 $ 734.91 080956-000 6396200800 S 648.09 081831-000 6205700700 S 351.04 082923-000 6391031400 $ 276.59 085257-000 5755000500 S 349.95 094019-000 6395202100 $ 431.95 096682-000 6396301500 S$ 5,096.71 097052-000 5751530300 S$ 1,123.47 099258-000 6200810500 $ 608.56 101666-000 5752711400 S 211.43 101952-000 6201810600 $ 300.69 106611-000 5754702000 $ 414.90 110112-000 6201220900 S 438.54 116127-000 6203400300 S 276.60 116129-000 6393920400 S 290.16 116627-000 6202740300 $ 216.09 120172-000 5752711300 S 415.42 121764-000 5743002000 S 310.47 123159-000 6394111500 S 276.59 125859-000 6392002500 S 327.65 125964-000 6391200900 $ 306.62 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page|5Page 284 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 126051-000 5752310100 $ 1,034.96 126558-000 6394601100 $ 860.53 126559-000 6392000200 S 244.24 126597-000 6202940700 S 324.54 127098-000 6393530100 S 400.53 127193-000 6392510300 S 319.94 127725-000 6203020200 S 235.54 129560-000 6203304700 S$ 1,610.04 129646-000 6203900900 $ 225.81 129888-000 6390410200 $ 404.89 129974-000 6204502400 $ 311.20 129999-000 6395901200 $ 326.03 130095-000 5752520500 $ 665.65 131099-000 5755111700 $ 281.36 131101-000 6393920200 $ 339.29 131167-000 5754110300 S 222.22 131181-000 5753510300 $ 226.99 131236-000 6202060500 $ 296.58 131241-000 5755202700 S$ 2,190.15 131853-000 5751810400 $ 216.52 133052-000 6202820300 $ 966.82 133228-000 6394320200 S 174.85 134058-000 6204601600 S$ 289.94 134169-000 5751910200 S 514.88 134170-000 5751920200 $ 574.44 134391-000 6393140800 $ 678.69 134528-000 6392510200 $ 262.27 134651-000 5754500600 $ 400.02 134885-000 6201001500 $ 150.62 135216-000 5754501100 S$ 502.57 136332-000 6200760200 S 212.71 136526-000 5752510100 $ 259.00 136809-000 5750920500 $ 173.49 137031-000 6393922300 $ 473.46 137172-000 5752410600 $ 123.00 137383-000 5754700100 $ 652.67 137622-000 6232723100 $ 238.39 137967-000 6200730700 $ 374.76 138451-000 6393530300 $ 306.11 019999-000 6193503000 S$ 166.47 020153-000 6190812500 $ 334.80 021048-000 6233426800 $ 315.18 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page |6Page 285 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 025939-000 5735340400 $ 242.41 068883-000 5752220900 S 281.36 075038-000 6233151100 $ 486.12 085183-000 6193505000 $ 304.96 094950-000 6233201200 $ 208.97 109295-000 6193300200 $ 399.18 110711-000 5754321600 S 322.72 120447-000 5752921400 S 624.93 125624-000 6193423300 $ 201.33 126166-000 5752931400 S 217.60 126167-000 6233152500 S 143.20 127946-000 6233151000 S 385.65 128954-000 6233201500 S 187.56 135766-000 6233110700 $ 266.48 135907-000 6194300600 $ 316.82 137161-000 6233151500 S 470.22 131426-000 5913000500 $ 181.85 135165-000 5913100800 S 125.31 Total 219 $106,066.56 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page |7Page 286 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo City OF CHULA VISTA FINANCE DEPARTMENT COLLECTIONS UNIT Delinquent Solid Waste Accounts SOLID WASTE ACCOUNT APN AMOUNT 509-0006407 5952024900 $ 265.84 509-0011706 5703110400 S 297.22 509-0013858 5742401400 $ 283.51 509-0014147 5720420100 $ 150.00 509-0014365 5751821600 $ 240.76 509-0014384 5751920500 $ 162.62 509-0014558 5732320700 S 70.04 509-00143897 6397022600 S 265.16 509-0014998 6421302700 S 196.38 509-0015512 5672502200 $ 152.89 509-0015743 5710721900 $ 216.82 509-0015841 5712921600 $ 301.38 509-0016581 6203202800 $ 137.79 509-0016646 6392610500 $ 247.73 509-0016706 6202100500 S 246.94 509-0018148 6393830200 $ 181.51 509-0018402 6201940100 S 312.94 509-0020548 6205000100 S 260.98 509-0020622 6401711800 S 275.97 509-0020935 6422001300 $ 60.00 509-0021030 6241502200 $ 282.88 509-0021877 6193202700 S 243.94 509-0022177 6231811500 S 118.92 509-0022307 6183800900 S 296.66 509-0023029 6231911400 $ 136.90 509-0023195 6240413900 $ 739.98 509-0023301 6291520200 S 394.56 509-0023566 6182702200 S 1,342.46 509-0023589 6240554800 S$ 495.48 509-0024021 6243851300 $ 411.81 509-0025209 5721310800 S$ 124.18 509-0025818 5951403000 $ 59.46 509-0026271 6422611600 S 371.80 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 8Page 287 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0027012 6205106800 $ 283.12 509-0028068 6401204400 $ 197.76 509-0028125 6430910700 $ 137.38 509-0028972 5942802700 S 2,780.71 509-0029074 6205801300 $ 298.56 509-0029814 5730730700 S 403.33 509-0029835 5733422900 S 385.42 509-0030244 5711520700 S 232.81 509-0030329 6410921000 $ 262.46 509-0032812 5952910400 S$ 255.81 509-0033192 6193204800 $ 289.20 509-0034084 6391702900 S$ 258.91 509-0034201 6203801300 $ 380.26 509-0034230 6193415500 S 864.82 509-0034279 5720630800 $ 250.01 509-0034331 6242700700 $ 265.60 509-0035211 5741711300 $ 173.05 509-0035812 5751921200 $ 308.80 509-0036058 5661020100 $ 686.04 509-0036265 5731403000 S 69.46 509-0037005 5711030500 $ 705.34 509-0037014 6242103400 S 327.98 509-0037715 5651510300 S 523.58 509-0046841 5661030800 S$ 1,005.08 509-0051177 5703801600 $ 261.06 509-0053595 5693020600 S 219.27 509-0054053 6423204200 $ 260.64 509-0057934 6202730200 S 292.56 509-0058949 6220715700 S 326.38 509-0059034 6233000700 S 326.38 509-0062844 5651921100 S 358.70 509-0064986 6181411100 S 185.50 509-0065041 5941215600 S 443.94 509-0065149 6403107000 S 178.38 509-0067389 6181322200 S 216.79 509-0067441 6220723500 S 234.60 509-0067775 5954505800 $ 301.10 509-0067979 5692512400 $ 376.18 509-0068748 5684201900 S 343.88 509-0073151 6183330900 $ 338.16 509-0073606 5730620900 S 80.94 509-0073650 5722010100 $ 264.16 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 9Page 288 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0075815 6400333500 $ 80.04 509-0077380 5953215302 $ 187.90 509-0077655 6203030400 $ 358.12 509-0077666 6200820100 $ 518.67 509-0078269 6233426800 $ 263.44 509-0078593 6182903800 $ 879.72 509-0079112 6395502300 $ 298.68 509-0080270 6403403800 $ 290.14 509-0082840 5953503300 $ 296.58 509-0084453 5933713600 $ 59.46 509-0084929 6183010200 $ 143.49 509-0085455 6394021000 $ 263.54 509-0086626 6206520600 $ 262.80 509-0088129 5734100700 $ 278.19 509-0088930 6203020400 $ 301.08 509-0089235 5710721500 $ 193.59 509-0091190 6243003100 $ 296.58 509-0091336 6190812500 $ 220.14 509-0093094 6310110900 $ 341.32 509-0093194 6402724400 $ 145.84 509-0093323 6183600100 $ 279.74 509-0093425 6401801700 $ 93.68 509-0094844 5933822800 $ 281.84 509-0094936 6184201600 $ 269.30 509-0094964 5712710600 $ 69.46 509-0094969 6394110600 $ 355.18 509-0095172 6401011200 $ 104.06 509-0095193 5752930800 $ 243.43 509-0095404 6240414400 $ 54.14 509-0095814 6421602400 $ 120.54 509-0096129 6191223500 $ 250.24 509-0096330 6181310900 $ 358.70 509-0096395 6402714700 $ 75.99 509-0096522 5933800400 $ 300.18 509-0096626 6390550400 $ 138.92 509-0097097 5932711400 $ 301.32 509-0097881 5735003100 $ 188.08 509-0098369 5743621200 $ 300.72 509-0099097 5953302100 $ 262.70 509-0099491 5944305000 $ 262.00 509-0101272 6396601600 $ 262.64 509-0102454 6404204700 $ 162.63 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 10Page 289 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0102700 5680142500 $ 1,119.58 509-0102773 5932920700 $ 298.80 509-0103550 6431412700 $ 169.62 509-0104581 5751001700 $ 262.48 509-0104937 6191101000 S 272.78 509-0105966 6426104500 S$ 199.71 509-0106200 6424411300 S 735.74 509-0106229 5670711200 $ 297.68 509-0107337 6426102900 S 296.18 509-0107406 6426013100 S 356.40 509-0107463 6431002019 $ 59.46 509-0108447 5651002100 $ 319.34 509-0108576 6192313300 $ 483.92 509-0108584 5933724300 $ 70.04 509-0108699 5943511800 $ 289.26 509-0109527 6205700700 $ 224.48 509-0109708 5742810300 $ 298.56 509-0110311 6233150500 $ 537.62 509-0112880 5732311600 S 104.98 509-0113352 6230903200 $ 119.92 509-0114500 6433200900 S 296.23 509-0114526 6432300100 $ 265.60 509-0116884 5703124300 $ 382.38 509-0118395 6411402900 S 69.46 509-0118678 6232903100 $ 337.79 509-0118929 6192611000 $ 282.30 509-0119127 5753300300 $ 309.06 509-0119229 6422303000 S 69.46 509-0119661 6396600200 $ 265.40 509-0119982 5954406000 $ 232.23 509-0120193 5941212700 S 185.87 509-0123968 6192502900 $ 143.69 509-0125092 6434505800 $ 1,290.77 509-0127012 5691421900 S$ 1,867.15 509-0128331 6412202700 $ 240.12 509-0129225 6420802708 $ 282.06 509-0130145 6396840100 $ 170.42 509-0130189 6425904800 S 263.58 509-0130267 5933610900 S 282.86 509-0130429 6242800700 S 106.20 509-0130509 6411910500 $ 69.46 509-0131419 6426904700 S 263.04 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 11Page 290 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0133508 6203303000 $ 323.00 509-0133913 5957401700 $ 312.10 509-0134466 5730820600 S 298.32 509-0136215 6423523600 $ 61.54 509-0140488 6435141900 $ 127.11 509-0140785 6395935100 $ 424.18 509-0141592 6180613200 $ 250.01 509-0142227 6423707900 $ 207.96 509-0142834 6393811300 S 378.90 509-0143623 6411601200 $ 261.82 509-0143742 5957641300 $ 304.92 509-0144417 5957404100 $ 262.92 509-0144457 5957261700 $ 298.68 509-0145582 6436712400 $ 252.46 509-0145996 6435204912 $ 59.46 509-0146379 6435164300 $ 326.80 509-0147815 6435500600 $ 265.48 509-0147963 5950970700 $ 161.00 509-0148260 6400210300 $ 90.04 509-0150115 5955100503 $ 374.26 509-0151182 5950840600 $ 59.46 509-0152964 5957202700 $ 262.30 509-0153726 5931420200 $ 186.14 509-0153840 6442112300 $ 72.17 509-0153990 6205700800 $ 327.54 509-0154108 6431901800 $ 92.32 509-0154300 6411802000 S 833.35 509-0155143 6435001800 $ 160.08 509-0156363 5754810200 $ 222.57 509-0156991 6403401100 $ 265.82 509-0158421 6431305500 $ 285.66 509-0158814 6436621500 $ 319.46 509-0159667 5680130700 S 140.10 509-0160727 6403803100 $ 301.32 509-0161620 5958604600 $ 390.44 509-0163079 5754111000 $ 740.34 509-0163701 5753220800 S 265.82 509-0163859 6436912200 S 236.90 509-0164559 6411410600 $ 292.56 509-0165066 6390710300 S 316.76 509-0165814 6202621200 S 368.22 509-0167145 6394700900 S 298.62 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 12Page 291 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0167253 5955100505 S$ 2,187.06 509-0167584 6411111200 S 137.78 509-0167681 6394120400 $ 250.01 509-0168047 6436400400 S 92.68 509-0168880 6401613700 S 65.96 509-0170611 5662910900 S 887.44 509-0171449 5954703300 $ 250.01 509-0172791 6426322400 $ 80.67 509-0174330 5742120600 $ 227.52 509-0174601 6193423300 S$ 298.12 509-0174916 6400210400 S 231.50 509-0175664 6437401900 S 311.50 509-0175698 6437411900 S 265.60 509-0176355 6403600500 $ 64.93 509-0177525 6430514951 $ 776.12 509-0178993 6442903900 S 274.24 509-0179335 6437600700 $ 59.46 509-0180869 5852222500 $ 320.37 509-0181201 6191312400 $ 126.27 509-0182374 6431002205 S 262.84 509-0182807 5933821900 $ 294.94 509-0182817 6193505000 $ 287.92 509-0183696 5711420500 $ 263.54 509-0184247 5752312300 $ 354.73 509-0184296 5711210600 S 221.71 509-0184701 6424800800 $ 288.20 509-0185220 6402511800 S 538.36 509-0185443 6436103005 $ 301.10 509-0185528 6436103370 $ 322.19 509-0185641 6396501200 $ 293.46 509-0185792 5958811500 $ 110.44 509-0186140 6436103335 $ 260.20 509-0187290 5933718200 $ 323.74 509-0187365 6240533000 $ 123.43 509-0188255 6422202200 $ 70.04 509-0188469 6201611700 $ 270.59 509-0192097 5743911800 $ 845.29 509-0192171 6435026900 $ 265.88 509-0192606 6433012400 $ 260.33 509-0193360 6435615800 $ 584.62 509-0194474 6241700900 $ 350.85 509-0194725 5711121900 S$ 2,718.19 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 13Page 292 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0194943 5953606000 S 191.90 509-0195436 6393621400 S 572.48 509-0196177 6191610300 $ 303.08 509-0197140 5734900800 S 969.88 509-0198101 5711810100 $ 788.40 509-0198378 5921912006 $ 252.74 509-0198436 5732220600 S 226.50 509-0199146 6202512900 S 257.08 509-0199610 5742711500 $ 319.88 509-0199721 5633011500 S$ 1,301.34 509-0201105 6435205019 S 174.04 509-0201799 6233201200 S 59.46 509-0202198 6202621700 S 300.66 509-0202422 5730810300 $ 121.88 509-0202845 6206105500 S 301.32 509-0203225 6437615000 S 297.92 509-0203658 6202520400 S 205.48 509-0203688 5958440400 $ 361.78 509-0204026 5954505200 $ 194.10 509-0204751 6204202300 $ 53.96 509-0206275 6241501800 $ 71.19 509-0206337 5633100400 S 419.67 509-0206339 5921613400 $ 70.04 509-0206497 5950314309 $ 298.82 509-0206602 6242503200 $ 301.38 509-0208732 6435130500 $ 70.04 509-0209137 5692631600 $ 185.04 509-0209282 6200810500 $ 69.01 509-0210026 5950314614 S 312.54 509-0210470 5954300408 S 251.40 509-0210848 5661100500 S 763.93 509-0211268 6436723300 $ 85.12 509-0211613 5671010600 $ 59.46 509-0211614 5671010600 $ 272.42 509-0212135 6426503400 $ 125.24 509-0212568 5733030100 S 301.32 509-0212947 5692700400 $ 857.84 509-0213211 5733721300 $ 654.42 509-0213859 6422203100 $ 280.02 509-0214345 6402720100 S 154.16 509-0214585 6183600600 S 101.62 509-0215055 6404301507 S 135.41 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 14Page 293 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0215775 6403505800 $ 267.08 509-0216162 6396000900 S 327.26 509-0217312 5732702500 $ 358.64 509-0218718 6394320600 S 319.28 509-0219490 6441303800 $ 108.10 509-0220019 6430515331 S 232.50 509-0220369 6411326700 S 65.23 509-0220488 6401021600 S 72.19 509-0221064 6231712000 $ 361.90 509-0221275 6436510607 $ 558.52 509-0221582 6403100700 $ 291.61 509-0223075 5931430500 $ 289.30 509-0224308 5958202100 S 171.18 509-0224312 5650321300 S 66.02 509-0225904 5753011600 S 228.32 509-0225981 6220710800 $ 337.56 509-0227373 5693200600 $ 275.97 509-0227478 6436614000 $ 184.88 509-0227554 6191720500 S 303.48 509-0229446 6436102840 S 178.45 509-0229580 5955100603 S 2,229.73 509-0229687 6401010800 $ 82.44 509-0230101 6426811600 $ 186.98 509-0230244 6201220900 S$ 298.44 509-0230323 6435305500 $ 246.57 509-0230731 6232114400 S 89.30 509-0230778 6403406700 S 234.58 509-0230884 5950960100 S 69.74 509-0231137 6426402900 $ 228.58 509-0231209 5754321600 $ 263.00 509-0231291 6412712100 S 320.80 509-0232509 5954405700 S 256.24 509-0233092 6393920400 S 263.64 509-0233172 6203500700 $ 90.08 509-0233313 5922301700 S 137.99 509-0233736 6200750200 S 281.38 509-0234566 6436000100 $ 112.98 509-0234658 6430513500 $ 293.93 509-0235966 5680741300 S 259.86 509-0236986 6437701527 S$ 284.61 509-0237100 5755200400 $ 288.56 509-0237680 5952924900 S 283.51 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 15Page 294 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0238420 6401801800 S 170.74 509-0238593 6435800300 S$ 80.04 509-0238808 5712812000 $ 339.77 509-0239005 6402222900 S 864.77 509-0239012 6401803100 $ 602.13 509-0239205 6230301121 $ 264.85 509-0239424 6422712100 S 70.04 509-0239782 6430513500 $ 563.31 509-0240797 5731101900 S$ 1,509.63 509-0240804 6202101200 S 283.69 509-0241091 5721910600 $ 297.60 509-0241117 6204102000 $ 138.92 509-0241127 5752921400 $ 343.18 509-0241364 6436103140 $ 251.17 509-0241432 6442513100 S 74.15 509-0241514 6436606500 S 565.37 509-0241691 5950921300 $ 141.35 509-0242018 5958721400 S 263.76 509-0242101 6232722200 S 138.92 509-0242319 6404101200 $ 285.74 509-0243323 5690100500 $ 327.26 509-0243368 6435151200 $ 501.13 509-0243685 6436122850 $ 138.92 509-0243967 6411134800 $ 165.24 509-0244354 5954200716 $ 265.60 509-0245249 6435611700 S 275.20 509-0246486 5957331600 $ 274.04 509-0247410 5754700100 $ 301.08 509-0247736 6190401600 $ 591.80 509-0248651 6426814900 S 135.96 509-0248978 5957811000 S 318.64 509-0249072 5713020900 $ 135.58 509-0249099 6310127600 $ 70.04 509-0249218 5735120800 $ 263.16 509-0249332 6432510500 S 265.82 509-0249474 5733410500 S 3,242.35 509-0249737 5933122700 $ 2,055.26 509-0250022 6200311700 $ 149.80 509-0250204 6201950300 $ 193.71 509-0250850 6430513500 $ 103.74 509-0251182 5852205100 $ 719.56 509-0251377 5711510600 $ 216.91 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 16Page 295 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0251399 6205800300 $ 262.76 509-0251490 6432811200 S 265.60 509-0251495 6205420500 $ 260.66 509-0251508 6433203900 S 173.42 509-0251865 5933300500 S 385.30 509-0252188 6442401822 S 218.48 509-0252360 6401010700 S 193.93 509-0252516 5741711900 S 337.88 509-0252699 5957356500 $ 70.04 509-0252957 5958441100 S 327.46 509-0253090 6430515320 S 275.58 509-0253302 6441911400 S 166.72 509-0253314 6425401200 $ 72.78 509-0253530 5720800900 $ 298.38 509-0253641 6435132900 S 59.46 509-0253852 5752310100 $ 263.16 509-0253910 6426214100 S 345.10 509-0253946 6435173600 S 163.18 509-0253984 5742120700 S 72.44 509-0254394 5722521100 $ 271.20 509-0254671 5932622400 S 68.44 509-0255001 6394601100 S 59.46 509-0255225 6430513500 S 221.06 509-0255453 5712812000 $ 336.68 509-0255462 6232215700 $ 120.94 509-0255730 5734302200 S 118.10 509-0256034 5933800200 $ 64.56 509-0256078 6434864300 S 70.04 509-0256373 5691901800 $ 438.22 509-0256854 6426404000 $ 181.60 509-0256961 6200820300 S 1,408.46 509-0257191 5742611200 S 526.86 509-0258428 6430513500 $ 272.69 509-0258778 6201610400 S 263.82 509-0258803 6435204801 $ 239.41 509-0258884 6291510200 S 356.36 509-0259048 6432711800 S 383.46 509-0259162 6435805300 S 263.52 509-0259513 6192500500 $ 196.20 509-0260222 5684104500 S 838.62 509-0260266 6392510300 S 189.30 509-0260359 5943843600 $ 319.28 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 17Page 296 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0260412 6200760200 $ 101.19 509-0260583 6411601000 S 298.54 509-0260674 5742610200 S 298.00 509-0261136 6432331900 $ 239.27 509-0261355 6394111600 § 1,373.71 509-0261357 6436510910 S 280.84 509-0261850 6437701518 $ 162.78 509-0261868 6192021200 $ 805.18 509-0261889 6412023300 S 69.46 509-0262080 6403921000 $ 283.51 509-0262704 6435012700 $ 92.98 509-0262932 6233151000 $ 105.16 509-0263016 6431601500 $ 91.81 509-0263674 6402340800 $ 378.82 509-0263675 6403507000 S$ 198.38 509-0263707 6443102051 $ 300.50 509-0264005 6435614800 S$ 823.68 509-0264565 6233320900 $ 292.12 509-0264569 6184101500 S 302.84 509-0264584 5693200100 S 204.42 509-0264969 5683320500 $ 59.67 509-0265059 5958721500 $ 794.41 509-0265427 5953212928 S 80.90 509-0265599 6192311900 $ 141.31 509-0265654 5684502800 S$ 2,574.73 509-0265879 6394110500 $ 381.66 509-0265939 6180902000 $ 298.48 509-0266004 5950314404 S 185.18 509-0266206 5753510300 S 286.14 509-0266288 5933012100 S 281.94 509-0266531 6443146000 $ 421.18 509-0267523 6442703700 $ 97.64 509-0267669 5662911000 S 325.82 509-0267847 5954200911 S 221.60 509-0268182 6430513500 S 1,428.78 509-0268208 6192010700 S 456.58 509-0268292 5693111400 S 201.52 509-0268423 6411123400 $ 599.24 509-0268516 6435204209 S 258.48 509-0268840 5957635700 S 54.84 509-0268906 5754110600 $ 226.12 509-0268913 5731200300 $ 969.13 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 18Page 297 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0269378 6397102500 $ 145.89 509-0269495 6431311800 S$ 160.08 509-0269774 6431821700 $ 95.82 509-0269824 6403116000 S 59.46 509-0269883 6192313500 $ 482.95 509-0269930 6432701300 S 299.38 509-0270106 6201700100 S 59.46 509-0270271 5952220413 S 58.94 509-0270421 5957210500 $ 160.08 509-0270446 6203304700 S 1,488.75 509-0270479 6193426200 $ 243.60 509-0270598 6401523300 $ 138.01 509-0270621 5730100700 $ 320.86 509-0270768 5954002200 $ 59.46 509-0270953 5751830600 S$ 1,830.37 509-0271085 5721720900 S 569.59 509-0271221 6430513500 $ 210.04 509-0271282 5956100500 $ 70.04 509-0271294 5954404200 $ 70.62 509-0271333 6404102800 S 263.42 509-0271418 6435204204 S 146.04 509-0271599 6201930900 $ 87.52 509-0271732 6403117500 $ 314.52 509-0272017 6220716900 $ 641.44 509-0272062 5954102314 $ 267.56 509-0272357 5950950500 $ 388.93 509-0272440 5921613300 $ 298.42 509-0272455 6411324900 § 1,102.39 509-0272582 6424800400 $ 311.28 509-0272862 5933901900 $ 298.72 509-0272906 6443830200 $ 114.10 509-0272921 5651701900 $ 380.53 509-0273253 5731201900 S 292.84 509-0273323 6412001700 $ 126.86 509-0273343 6430513500 S$ 1,428.85 509-0273395 6441110500 $ 140.50 509-0273550 6432620700 S 265.18 509-0273572 6203304800 S 262.24 509-0273720 6182401200 $ 263.48 509-0273723 5685120400 $ 220.10 509-0273733 6395301500 $ 272.56 509-0273779 5943412900 S 88.10 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 19Page 298 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0274252 6393530400 $ 283.42 509-0274347 6443843000 $ 70.04 509-0274461 5732902900 $ 889.14 509-0274557 6233422800 $ 576.32 509-0274769 6436510332 S 118.38 509-0274799 6204803200 S 59.46 509-0274810 5950315357 S 331.94 509-0275400 6203103200 S 277.04 509-0275506 6430513500 S$ 1,105.74 509-0275860 5740910500 $ 263.54 509-0276037 6440612803 $ 243.43 509-0276193 5755202700 $ 975.19 509-0276245 6423520700 $ 167.09 509-0276312 6442710100 S 583.68 509-0276791 5732000400 $ 73.96 509-0276900 6441114500 $ 315.48 509-0277002 6412512700 S 93.80 509-0277433 6181521000 $ 554.60 509-0277573 6430513500 S$ 1,482.00 509-0277618 6441220700 $ 861.88 509-0277682 5921723700 $ 219.27 509-0277968 6430608829 $ 90.04 509-0278116 5702800500 $ 343.14 509-0278255 6424912500 $ 263.64 509-0278589 6206522900 S 299.76 509-0278648 5952141000 $ 74.04 509-0278677 6426703900 $ 62.88 509-0279164 5957720200 $ 472.52 509-0279274 6403300106 S 179.77 509-0279326 6433800901 S$ 231.40 509-0279345 5751810400 $ 253.58 509-0279346 6232114400 S$ 2,041.07 509-0279459 5754110300 S 170.23 509-0279485 6425500506 S 59.46 509-0279637 6431501300 $ 392.96 509-0279662 6430650653 $ 285.30 509-0279758 6430650317 $ 110.00 509-0279871 6204501100 S 92.05 509-0280340 5943821200 $ 455.96 509-0280381 6412700100 $ 351.58 509-0280495 6220722700 $ 85.20 509-0280682 5952140600 S 249.73 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 20Page 299 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0280812 6435612300 $ 59.46 509-0280826 6404300520 S 160.08 509-0280831 6190402300 S$ 1,377.04 509-0280876 5742721700 S 185.45 509-0280921 6443162500 S 111.09 509-0281148 6433121300 S 262.06 509-02381210 6430650623 $ 254.57 509-0281230 5958440100 $ 70.04 509-0281370 6243853500 S 795.66 509-0281525 6310132700 S$ 1,830.58 509-0281618 6430640127 S 320.80 509-02381747 6220727400 $1,315.11 509-0281761 6426912700 $ 282.80 509-0281814 6443870700 S 73.84 509-0282076 6436102715 $ 84.12 509-0282098 6436202000 $ 170.23 509-0282101 6443138068 $ 142.00 509-0282123 6403503700 S 142.33 509-0282249 6403817500 $ 323.86 509-0282280 5933822100 S 116.10 509-0282330 6436103107 $ 282.78 509-0282748 6425602102 $ 264.18 509-0282768 6430210909 $ 247.30 509-0282881 6436102818 S 98.54 509-0283290 5958610100 $ 189.98 509-0283591 6436103116 $ 288.85 509-0283629 6430513500 $ 420.90 509-0283634 5957462100 $ 295.14 509-0283758 5741203400 S$ 267.10 509-0283815 6440614305 S 219.27 509-0284119 6425103600 $ 232.55 509-0284275 5742813500 S 125.62 509-0284307 6431404600 S 296.44 509-0284410 6412502400 S 286.81 509-0284531 6233002300 $ 78.89 509-0284749 6183721300 S 278.16 509-0284781 6430513500 S$ 1,259.88 509-0284924 6240321300 $ 778.82 509-0285111 6241901900 S 2,162.86 509-0285164 5921712600 S 319.04 509-0285325 6434500200 S 278.14 509-0285359 6430513500 S 375.49 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov (619) 409-3597 | fax (619) 585-5612 Page | 21Page 300 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0285361 6430513500 S 194.30 509-0285445 6220724700 S 73.23 509-0285545 6443711500 $ 244.08 509-0285644 6430210907 $ 220.33 509-0285710 6396200800 S 111.02 509-0285715 6443180100 S 98.50 509-0286233 6442012400 S 365.26 509-0286268 6180721000 $ 73.11 509-0286325 5683341200 S 70.04 509-0286393 6430513500 $ 647.58 509-0286461 6430513500 $ 295.16 509-0286604 5950314304 S 644.01 509-0286625 6431902300 S 260.10 509-0286687 5742021200 $ 320.24 509-0286757 5943921200 S 77.04 509-0286857 5953214938 S 84.01 509-0286881 6393830400 S 131.33 509-0287037 5682632400 S$ 67.64 509-0287062 6430513500 S 249.76 509-0287318 5711820700 S 882.48 509-0287366 5933600700 $ 243.43 509-0287398 6443133351 S 79.46 509-0287476 5682632400 $ 104.04 509-0287500 6443861000 $ 297.24 509-0287577 5952620400 S 133.86 509-0287622 6412710600 $ 415.00 509-0287632 6190901300 S 251.17 509-0287633 6190901200 S 85.43 509-0287645 6430650633 S 200.16 509-0287733 5953601200 $ 264.08 509-0287790 6430513500 $ 114.56 509-0288000 6402511000 $ 109.46 509-0288310 5751910200 $ 216.74 509-0288456 5751710600 $ 281.08 509-0288546 5943810800 $ 250.12 509-0288989 6443418206 $ 252.06 509-0289033 6394120900 $ 70.04 509-0289073 6430513500 $ 245.99 509-0289100 6430513500 S 701.26 509-0289166 6443503823 S 232.34 509-0289205 5692321200 S 70.04 509-0289252 6443846700 S 246.01 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 22Page 301 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0289269 6392210400 $ 253.78 509-0289299 6403101000 S$ 1,789.78 509-0289397 5754930800 $ 203.03 509-0289429 5672122000 S 554.70 509-0289505 5730630700 $ 263.42 509-0289647 6202940200 $ 86.23 509-0289649 5734201400 S 59.46 509-0289653 6203702500 $ 302.24 509-0289658 6430515306 $ 59.46 509-0289708 6443210200 $ 304.30 509-0289765 6392002300 $ 59.46 509-0289776 5712610800 $ 243.52 509-0289814 6443521200 $ 350.22 509-0289819 6443110614 $ 415.56 509-0289926 6402800528 $ 59.46 509-0290088 5958802200 S 250.12 509-0290217 6436102718 $ 272.00 509-0290449 5950833300 $ 231.17 509-0290509 5754500600 S 159.90 509-0290525 6430513500 S$ 1,213.17 509-0290569 6436510430 S$ 55.92 509-0291002 6443801200 $ 148.92 509-0291016 5933110500 $ 413.87 509-0291120 6430513500 S$ 1,178.67 509-0291123 5650510300 $ 298.12 509-0291125 6310126100 S$ 2,638.50 509-0291165 5633100500 $ 301.23 509-0291208 6425700500 $ 336.26 509-0291387 6436500333 S 678.08 509-0291516 6430513500 S 350.39 509-0291520 6233423300 $ 70.04 509-0291544 6426300600 $ 80.04 509-0291577 6393140800 $ 296.40 509-0291626 6402345200 $ 70.04 509-0291644 5933730400 S 273.72 509-0291684 6430513500 S 424.35 509-0291713 6430513500 $ 980.66 509-0292161 6402800876 $ 257.90 509-0292383 5954102316 $ 315.68 509-0292416 5680141300 S 220.85 509-0292531 6425902400 $ 333.90 509-0292651 6394130600 $ 192.57 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 23Page 302 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0292747 6430608805 $ 86.46 509-0292766 5712820400 $ 525.44 509-0292799 6430513500 $ 232.05 509-0292891 5952530800 $ 295.44 509-0293168 6443456800 $ 123.42 509-0293287 6437002300 $ 302.58 509-0293318 5650802100 $ 190.81 509-0293509 6430513500 $ 715.55 509-0293619 5957251900 $ 316.90 509-0293623 5690711700 $ 76.08 509-0293650 5957713600 $ 256.25 509-0293655 6423140500 $ 365.02 509-0293782 6430513500 $ 422.29 509-0293998 6443138042 $ 207.32 509-0294068 6430513500 $ 118.12 509-0294120 5730811200 $ 133.75 509-0294249 5921912027 $ 203.66 509-0294279 5733321300 $ 393.84 509-0294392 6435614800 $ 320.30 509-0294459 6430513500 $ 829.94 509-0294477 6180721000 $ 90.45 509-0294681 6433200900 $ 765.08 509-0294734 6430513500 $ 340.32 509-0294828 6430515033 $ 385.54 509-0294843 6202611100 $ 231.11 509-0294849 5680431300 $ 138.92 509-0294854 6437310600 $ 342.77 509-0294890 5956803600 $ 179.36 509-0295062 6422005100 $ 254.45 509-0295592 6233321200 $ 243.22 509-0295593 6425313200 $ 270.28 509-0295762 6402722100 $ 299.57 509-0295840 5734201400 $ 116.42 509-0295873 5721620400 $ 290.50 509-0295900 6220710610 $ 164.75 509-0295901 5754501100 $ 358.49 509-0296259 6413002900 $ 89.23 509-0296303 6443313207 $ 746.86 509-0296521 5956100600 $ 70.04 509-0296529 6233151500 § 1,215.04 509-0296576 6425500105 $ 128.92 509-0296664 6430513500 $ 678.64 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 24Page 303 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0296673 6242100300 S 294.86 509-0296700 5953215304 S 339.01 509-0296802 5682632400 S 364.06 509-0296803 6412902200 S 72.44 509-0296873 6430513500 S 854.01 509-0296950 5742610900 $ 294.02 509-0297043 6430651990 S 317.12 509-0297044 6430652143 $ 209.27 509-0297367 6430652116 $ 216.62 509-0297480 6430513500 S 505.33 509-0297576 6430513500 $ 570.86 509-0297752 6403107000 S 119.89 509-0297787 5958214300 S 283.51 509-0297813 6440612904 S 205.93 509-0297865 6437510900 S 230.39 509-0298061 6435423300 $ 377.38 509-0298150 6404110500 $ 297.30 509-0298271 5670321700 S 995.11 509-0298311 5680440700 S 50.88 509-0298353 6430652153 $ 158.01 509-0298390 6233110700 S 300.56 509-0298394 6426506200 S 399.98 509-0298436 6412115400 $ 60.00 509-0298647 5732700500 $ 150.08 509-0298659 5663305700 $ 88.10 509-0298712 6430652172 $ 152.33 509-0298775 6426402200 S 974.30 509-0298871 6435801400 S 51.86 509-0298977 6435707100 $ 315.86 509-0298980 5952220380 $ 497.69 509-0299267 5663007200 $ 482.89 509-0299282 6240514700 $ 196.98 509-0299332 6443313209 $ 316.18 509-0299353 6430513500 $ 154.86 509-0299378 5957351100 $ 297.42 509-0299470 6241000900 $ 96.03 509-0299481 5741403300 $ 330.86 509-0299633 6403302606 $ 59.46 509-0299651 5683520400 S 63.50 509-0299669 5712321100 $ 68.92 509-0299694 6430516002 S$ 1,704.20 509-0299870 5952935000 $ 109.05 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 25Page 304 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0299983 5712621700 $ 363.00 509-0300082 6443503916 $ 250.33 509-0300230 6435053300 $ 70.04 509-0300256 6441114800 $ 295.87 509-0300292 6433122600 $ 77.52 509-0300632 5951750100 $ 256.26 509-0300671 6444044500 $ 281.34 509-0300769 6401103600 $ 137.76 509-0300793 6220727800 § 1,254.40 509-0300808 5685111200 $ 224.52 509-0300910 6201931000 $ 216.18 509-0301129 6403914100 $ 144.59 509-0301175 6394500700 $ 333.96 509-0301255 6443441200 $ 263.32 509-0301356 6443502600 $ 346.94 509-0301409 6435402200 $ 175.14 509-0301502 6440723022 $ 314.86 509-0301510 5691421100 $ 860.81 509-0301626 6394500700 $ 679.67 509-0301709 6202830300 $ 291.34 509-0301768 6436500426 $ 217.18 509-0301797 6430513500 $ 323.43 509-0301798 6430513500 $ 297.05 509-0301799 6430513500 $ 67.58 509-0301806 6430513500 $ 620.07 509-0301900 5711121300 $ 285.00 509-0301944 6443714600 $ 208.38 509-0301982 6402723200 $ 314.62 509-0302153 6442401725 $ 261.76 509-0302523 5852200200 $ 296.32 509-0302637 6404012400 $ 214.14 509-0302694 6430513500 $ 436.89 509-0302705 6232905800 $ 1,386.67 509-0302714 5950315371 $ 283.61 509-0302721 6430513500 $ 127.65 509-0302786 5722321600 $ 309.44 509-0302873 5670520500 $ 497.40 509-0302923 6443210400 $ 93.49 509-0303006 6435603200 $ 177.36 509-0303258 5933122700 $ 190.27 509-0303297 6430513500 $ 496.60 509-0303298 6430513500 $ 199.03 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 26Page 305 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0303379 5754910700 S 101.54 509-0303405 6403816800 $ 304.71 509-0303516 6443102245 S$ 334.42 509-0303747 6430513500 $ 64.92 509-0303807 5730730800 5 287.06 509-0303893 5933012100 $ 796.14 509-0303963 6430650679 S 60.73 509-0303976 6436102752 S 59.46 509-0303990 6425002800 S 244.82 509-0304061 6231614600 S 261.34 509-0304155 6440720118 $ 281.20 509-0304294 5933612000 $ 303.92 509-0304340 6435174300 $ 253.82 509-0304372 5955100408 $ 296.56 509-0304415 6411321800 S 75.11 509-0304564 6443876500 $ 196.20 509-0304989 6435412300 $ 87.52 509-0305059 5722521400 $ 329.44 509-0305331 6436412200 S 354.70 509-0305353 6430210963 S 144.30 509-0305382 6396900600 S 331.21 509-0305458 6441703800 S 133.20 509-0305496 6423525100 $ 466.82 509-0305603 5752510100 S 150.08 509-0305625 6423525100 S$ 232.46 509-0305875 5953215406 S 273.78 509-0305958 6205414900 $ 214.74 509-0306078 5952220356 S 269.72 509-0306116 6434503200 S 314.32 509-0306293 6433410400 $ 275.30 509-0306349 6393302700 $ 53.81 509-0306357 6192122500 S$ 1,215.06 509-0306369 6443811100 S 197.05 509-0306582 5750102500 $ 193.56 509-0306875 6435205001 $ 128.92 509-0306882 5711931300 $ 77.30 509-0306898 6430212219 $ 301.00 509-0306984 6432112300 $ 307.56 509-0307085 6430513500 S 312.05 509-0307153 5956004600 $ 206.46 509-0307516 5752111000 S 115.11 509-0307572 5751720600 S 328.22 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 27Page 306 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0307662 6430513500 S$ 85.98 509-0307755 6192214500 S 623.95 509-0307766 6192314600 S 74.08 509-0307799 6435204818 S 279.44 509-0307850 5753011700 $ 240.77 509-0307949 6430513500 $ 141.17 509-0308156 5954301706 $ 258.10 509-0308175 6310111200 $ 309.87 509-0308180 6433801807 $ 262.53 509-0308240 6393303600 $ 74.57 509-0308264 6394220600 $ 483.70 509-0308402 6430608838 $ 59.46 509-0308409 6430651846 $ 260.16 509-0308431 6434606400 $ 289.64 509-0308677 6391830500 $ 225.78 509-0308878 6430513500 $ 528.61 509-0309060 6443700900 S$ 289.56 509-0309074 5650802100 $ 324.76 509-0309110 6430513500 $ 90.48 509-0309118 6435053000 $ 51.88 509-0309147 5958443300 $ 186.20 509-0309255 6430513500 $ 465.94 509-0309476 5752410600 $ 499.95 509-0309566 6205200700 $ 297.84 509-0309652 6426102300 $ 335.71 509-0309774 5953505300 $ 263.79 509-0309959 6182402400 S 275.17 509-0309979 6420803703 $ 177.50 509-0310046 6441131600 $ 59.59 509-0310063 6412824100 S 116.52 509-0310069 6443104924 $ 102.92 509-0310084 5956205000 $ 130.52 509-0310090 6443603700 $ 205.70 509-0310102 6200730700 S 291.17 509-0310111 6431002101 $ 160.08 509-0310183 6443102029 S 303.00 509-0310298 6425702200 $ 128.92 509-0310343 5957421600 $ 279.10 509-0310440 5952220409 $ 328.33 509-0310562 5693510200 $ 348.94 509-0310623 6443104884 $ 298.72 509-0310671 6393620900 $ 76.95 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 28Page 307 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0310678 6242802300 $ 61.62 509-0310706 6442506200 S 219.27 509-0310713 6430651985 S 259.52 509-0310849 6231111500 S 289.46 509-0310892 5922301700 S 307.26 509-0310910 5956100600 S 70.31 509-0310913 6201612100 S 150.08 509-0310933 5932922100 $ 77.68 509-0311092 7762310237 S 59.46 509-0311105 5652500700 $ 241.17 509-0311178 5952220519 $ 168.45 509-0311185 6432002000 $ 352.31 509-0311218 6443139206 $ 269.22 509-0311225 5650510300 $ 207.18 509-0311306 6391020400 $ 179.18 509-0311330 5957640100 $ 225.15 509-0311349 5691421600 S 251.98 509-0311354 6232905800 S 548.09 509-0311483 5741920900 $ 219.27 509-0311531 6423130500 $ 165.04 509-0311564 6443213900 S 92.77 509-0311581 5952220409 $ 189.18 509-0311589 6436122411 $ 54.49 509-0311593 6240212000 $ 128.92 509-0311663 6440711646 $ 215.82 509-0311697 5943913400 S 130.12 509-0311740 5950314605 $ 141.15 509-0311769 6430514981 $ 171.84 509-03113864 5954902100 $ 134.80 509-0311891 6441704500 $ 157.76 509-0311923 5691330600 S 212.47 509-0311967 6430653062 $ 138.69 509-0311983 6425700200 $ 179.65 509-0312014 6411321800 $ 70.04 509-0312031 6401973200 S 167.45 509-0312069 6393530300 S 245.01 509-0312157 6181411600 $ 115.19 509-0312172 6401011200 S 161.96 509-0312226 6435912700 $ 131.85 509-0312261 5681631600 $ 111.84 509-0312320 6443104863 S 188.15 509-0312366 6430210932 $ 86.25 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 29Page 308 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0312432 5922304300 S 210.12 509-0312443 5951630800 S 98.96 509-0312695 6433801207 S 77.05 509-0312831 6435301100 S 59.51 919 Accounts $294,880.35 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 30Page 309 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Item 7.1: Assessment of Delinquent Sewer Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING NOVEMBER 12, 2024 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT ADRIAN DEL RIO, ASSISTANT DIRECTOR, FINANCE Page 310 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Sewer Service Background Per CVMC Section 13.14.110, the owner or occupant of any parcel which is connected to the City’s sewer system shall pay the required fees for sewer services. Page 311 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Collections & Lien Process CVMC Section 13.14.150 outlines payment obligations, billing cycles, proper noticing, penalties for delinquency and the lien process. Our comprehensive approach is highlighted by the following: ◦Several touchpoints and thorough noticing to customers ◦Dedicated customer support ◦Third-party validation of parcel and account data ◦Legal review of noticing and communication ◦Translated notices ◦Payment plan options and grant programs ◦Collection timeline spanning over 90 days in delinquent status Page 312 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Lien Process Timeline SERVICE PERIODS •Jan -Feb ‘24 •Mar -Apr ’24 •May -Jun ’24 FIRST PAST-DUE NOTICE •Apr 17 •Jun 12 •Aug 7 SECOND PAST-DUE NOTICE •May 15 •Jul 10 •Sep 4 FINAL PAST-DUE NOTICE •Jun 17 •Aug 12 •Oct 7 PUBLIC HEARING NOTICE MAILED •Oct 30 PUBLIC HEARING NOTICE PUBLISHED •Nov 1 PUBLIC HEARING •Nov 12 LAST DAY TO ACCEPT PAYMENTS •Nov 14 RECORD LIEN •Nov 15 PLACEMENT ON TAX ROLL •Aug 8 ‘25 Accounts are billed in three distinct cycles to correlate with Sweetwater Authority’s billing. Page 313 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Customer Service and Program Impact Successful resolution of lien-eligible accounts in this cycle: o 40 payment plans valued at $99,873 were created for accounts subject to this lien cycle o $2.31M in A/R has been paid since initial Past Due Notices were sent in April 2024 o $336K in previously applied debt-relief grant money for lien-eligible accounts, Extended Wastewater Arrearages Program Of the City’s 15,000 directly-billed sewer accounts; 919 accounts were sent a First Past Due Notice from April 2024 through August 2024. 219 accounts remain delinquent today. For accounts placed on the tax roll resulting from the public hearing held in August 2023, the County has successfully collected $246,000 of $271,000 in delinquent sewer charges. Page 314 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector. Page 315 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 24-0277 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. SUMMARY The Finance Department is recommending the approval of placing property liens against affected parcels as a preliminary action to placing the delinquencies on County property tax rolls if they remain unpaid. This enhances collections efforts, safeguard the City’s interest in solid waste service charges and related delinquent fees, and ensures that collection efforts are directed toward the responsible property owner. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis, and ensure responsible parties meet their solid waste service charge payment obligations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a project as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a government fiscal/ Page 316 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(C)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background City residences and places of business benefit from weekly collection of solid waste. Accordingly, per Chula Vista Municipal Code (CVMC) Chapter 8.24, the collection of solid waste is a mandatory service and shall not be discontinued or suspended. Through a franchise agreement with the City of Chula Vista, Republic Services manages the collection, transport, processing and disposal of solid and organic waste, and recyclables in a safe, sanitary, and aesthetically acceptable manner. CVMC Section 8.24.180 allows delinquent solid waste service charges and associated fees to be assessed as recorded liens upon the affected properties and ultimately placed on the County property tax bills on those parcels for collection by the County Treasurer-Tax Collector. Staff submits accounts to City Council for approval at a public hearing on a biannual basis. Statistics & Performance In May 2024, City Council approved 698 delinquent accounts with an aggregate value of $281,000 to be submitted to the County Assessor for placement of property liens on their respective parcels. Since the May 2024 action, staff has identified 1,412 delinquent accounts totaling $412,780 being submitted to City Council for approval. The listing of accounts is available to the public at the Finance Department. In Fiscal Year 2023-24, $424,000 delinquent solid waste service charge fees were placed on the County property tax rolls, $368,000 has been collected, resulting in an 87% successful collection rate. In August 2024, $315,752 was placed on the County property tax rolls, this is a combination of the delinquent accounts approved in public hearings held in December 2023 and May 2024. Delinquent solid waste service charge fees placed on the County property tax rolls in August, are included in property tax bills received in September and are due in two installments, the first is due on November 1 and second is due on February 1. Collection Process Leading up to this public hearing, staff put into effect an informative process, in-line with Municipal Code requirements and collections best practices, to impose the recording of property liens upon affected parcels. Property owners have been notified of their delinquencies through a series of past-due notices sent by Republic Services. City staff notified property owners of the public hearing via public hearing notice letters, requesting them to pay the delinquent charges prior to transmittal of their delinquent account to the County Treasurer-Tax Collector to avoid a lien being placed on their property. Staff also published a public hearing notice in a locally circulated newspaper. Account status and property ownership have been verified by Republic Services staff and City staff through a third-party consultant, Spicer Consulting Services. Page 317 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 At the public hearing, staff submit a lien list to City Council, containing a list of accounts for related parcels and the most up to date delinquent amounts for consideration, together with any objections or protests by interested parties, of approving the placement of property liens. Staff accept payments and continue to create payment arrangements and work with customers during the public hearing and leading up to the lien recording date, to avoid submitting accounts resolved following the public hearing. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution supports the collection of delinquent solid waste service charges through the County property tax roll collection process. Collection of delinquent charges in the amount of $315,752 should occur in Fiscal Year 2025. A portion of this amount will be realized by the City as Franchise Fees, AB939 fees and related delinquent fee revenues. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Solid waste service charges and related delinquent fees referred with this resolution will ultimately be recovered via County property tax bills or property lien release payments within the current fiscal year. ATTACHMENTS None. Staff Contact: Jimmy Vasquez, Revenue Manager Sarah Schoen, Director of Finance/ Treasurer Page 318 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of solid waste is a mandatory service and shall not be discontinued or suspended; and WHEREAS, Municipal Code Section 8.24.180 allows delinquent solid waste service charges, including all penalties, interest and administrative fees to be charged to the property owner, assessed as a recorded lien upon the affected parcel and ultimately placed on the next regular property tax bill for collection; and WHEREAS, Municipal Code Section 8.24.180 requires that, once solid waste fees become more than ten days delinquent and subsequently more than ninety days delinquent, the City’s Authorized Collector, Republic Services, shall issue a ‘Late Notice’ and ‘Final Late Notice’, respectively, to the owner and occupant detailing the amount owed, penalty schedule, lien procedure and associated costs and administrative fees, prior to setting the matter for public hearing to consider a lien; and WHEREAS, the Municipal Code provides that, prior to setting a hearing to consider a lien the Authorized Collector shall issue a ‘Final Notice of Delinquency’ and if a the account is not paid within fifteen days after the final notice of delinquency, the matter may be set for a public hearing, at least seven days after the fifteen day period has passed, with at least ten days advance notice mailed to the parcel owner, notifying them of the time and place of the public hearing and that failure to pay the delinquent amount may result in a lien upon the affected parcel and the amount owed ultimately charged to the property owner on the next regular property tax bill; and WHEREAS, the Municipal Code authorizes staff City staff to charge an administrative processing fee to offset the costs incurred in administering the provisions of the public hearing and lien assessment processes, as applicable, and designated in the master fee schedule to include the Lien Recording Fee, Recorded Item Non-Payment Penalty, Lien Payoff Demand Letter Fee and Lien Release Fee; and WHEREAS, staff has identified certain properties for which solid waste service charges are over ninety days delinquent and that account status and property ownership have been verified and that property owners have been notified of the delinquencies through a series of notices and notified of the time and place of the public hearing and is recommending that the City Council approve the list of delinquent solid waste service accounts as submitted and that these charges be submitted to the County Assessor’s Office as recorded liens on the respective parcels of land and Page 319 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 2 ultimately placed on the next regular property tax bill for collection by the County Treasurer -Tax Collector; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) has considered assessing certain delinquent solid waste service charges, as detailed in the final list of delinquent solid waste service accounts presented to the City Council for this matter, as recorded liens on the affected parcels; (2) has heard and overruled an y and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent solid waste service charges as special assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector; and (4) approves the assessment of applicable administrative fees in association with the staff costs of recording, processing and release of the liens and recovery of fees imposed by the County as per the Master Fee Schedule. Presented by Approved as to form by Sarah Schoen Marco A. Verdugo Director of Finance/ Treasurer City Attorney Page 320 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MEMO Se Finance Department CHULA VISTA DATE: November 12, 2024 TO: Honorable Mayor & Council FROM: Sarah Schoen, Finance Director SUBJECT: November 12, 2024 Public Hearings to Consider Assessing Delinquent Sewer and Solid Waste Service Charges as Recorded Liens and Placement of Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Attached for your information are updated lists of delinquent sewer and solid waste accounts, to be considered at the November 12, 2024 public hearing (Council agenda items number 7.1 and — 7.2, respectively). — The attached reports reflect delinquent sewer and solid waste accounts through yesterday, November 11, 2024. Accounts may be cleared only if paid in full. Staff will continue to work with delinquent account holders to resolve these outstanding balances prior to forwarding the charges to the County Treasurer-Tax Collector, to be assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection. Should you have any additional questions, I can be reached at (619) 409-3818. Attachments: 1. Delinquent Sewer Accounts (reflects activity through November 11, 2024) 2. Delinquent Solid Waste Accounts (reflects activity through November 11, 2024) 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-561: Page| 1 Page 321 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo Wie ii Y =s5 d City OF CHULA VISTA FINANCE DEPARTMENT COLLECTIONS UNIT Delinquent Sewer Accounts SEWER ACCOUNT APN AMOUNT 001497-000 5710721900 $ 251.59 002672-000 5712921600 $ 217.03 002713-000 5713010500 $ 423.24 002993-000 5711520900 $ 137.93 004301-000 5661010200 $ 112.71 006159-000 5661030800 $ 306.37 024217-000 5680142500 $ 206.93 045965-000 5680142200 $ 733.08 045977-000 5651100500 § 3,194.50 046135-000 5660800800 $ 425.54 062561-000 5670711200 $ 351.04 073515-000 5661520900 $ 417.55 080398-000 5662910900 $ 116.75 086740-000 5711331200 § 221.80 090713-000 5652501602 $ 194.31 090777-000 5711121900 $ 587.74 092335-000 5712100600 $ 147.34 093095-000 5651002100 $ 236.17 099520-000 5661100500 $ 708.50 101536-000 5711030500 $ 296.26 102176-000 5712621300 $ 395.75 103352-000 5703122500 $ 274.60 104978-000 5680741300 $ 500.03 105142-000 5670420400 $ 199.52 111059-000 5703801600 $ 246.81 116783-000 5710630900 $ 260.01 121193-000 5703110400 $ 340.98 121617-000 5711231500 $ 385.02 122219-000 5651921100 $ 202.15 129342-000 5651100600 $ 358.58 130667-000 5661103700 § 1,117.98 137219-000 5711210600 $ 400.54 137267-000 5663007200 $ 147.35 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 2Page 322 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 138615-000 5680141300 $ 147.88 013478-000 5720630400 S$ 1,120.68 013819-000 5721721700 $ 541.88 013853-000 5721630800 $ 246.82 013997-000 5722010100 $ 202.15 014341-000 5722602300 $ 274.61 014532-000 5723100400 $ 384.03 014988-000 5731403000 $ 443.61 017023-000 5693510100 S$ 1,728.33 017785-000 5691710800 $ 351.04 018228-000 5741500600 $ 687.86 061225-000 5691706300 $ 514.89 062601-000 6391830100 S 125.02 078203-000 5691330700 $ 326.03 081048-000 5692512400 $ 321.26 081365-000 5735210500 $ 447.87 093231-000 5734900800 $ 351.04 093515-000 5742711500 $ 604.22 097189-000 5741502000 $ 573.28 097609-000 5732903400 $ 178.97 098699-000 5733512100 $ 375.14 100406-000 5733601000 S 2,197.80 101834-000 5733721300 $ 123.09 104304-000 5684201900 $ 738.29 110268-000 5741711300 S 172.36 117021-000 5730711400 S 2,164.58 120323-000 5721910600 $ 355.16 125400-000 5741204300 $ 251.60 125580-000 5720630200 $ 564.38 125786-000 5741711900 $ 380.84 126251-000 5722521100 $ 268.06 126586-000 5741810400 S 678.10 127440-000 5733811500 $ 781.88 127481-000 5742610200 S 438.60 127547-000 5720800800 $ 296.78 128673-000 5693200100 S 461.77 129959-000 5722401000 $ 916.04 130010-000 5742120600 S 1,883.70 130476-000 5702900800 $ 609.95 131410-000 5733030500 $ 251.60 131620-000 5702800500 $ 270.75 131788-000 5733520900 $ 345.49 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 3Page 323 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 131866-000 5733511400 $ 336.19 132489-000 5693610800 $ 340.97 133874-000 5742710800 $ 231.92 134998-000 5684111100 $ 343.06 135155-000 5722321000 $ 218.28 135160-000 5692421800 $ 336.19 135184-000 5693805900 $ 343.57 136348-000 6391821100 $ 275.88 136389-000 5722321600 $ 321.26 136547-000 5742011200 $ 322.65 136756-000 5722521400 $ 499.03 137005-000 5691801200 $ 414.90 137475-000 5741403300 $ 217.34 138483-000 5691330600 $ 171.33 138572-000 5733421100 $ 194.20 001250-000 5651510300 $ 814.36 001772-000 5711821400 S$ 1,288.08 024274-000 5680441600 $ 207.48 077847-000 5671902400 § 4,238.94 080708-000 5712502200 $ 1,616.12 125134-000 5652611300 $ 823.45 128399-000 5710502200 $ 884.89 136068-000 5713100400 $ 286.26 138370-000 5680440700 $ 241.85 024281-000 5733104000 $ 435.84 116827-000 5730210500 $ 626.48 125160-000 5730210300 $ 695.46 133519-000 5683002800 $ 511.23 134189-000 5733103200 $ 548.11 137177-000 5730900200 $ 204.64 126262-000 5932622400 $ 148.42 126663-000 5932720900 $ 440.41 133714-000 5931902400 $ 420.67 006784-000 6203202800 $ 309.15 007014-000 6203020400 $ 211.21 007045-000 6202100500 $ 232.12 007425-000 6203030400 $ 482.90 007474-000 6203600100 $ 137.20 007650-000 6203902600 $ 212.68 007687-000 6203802300 $ 591.28 007743-000 6201610600 $ 640.77 007766-000 6202513500 $ 230.91 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 4Page 324 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 008172-000 6201700100 S 109.47 008239-000 5755110300 S 340.57 008366-000 6396601600 S 589.12 011208-000 6390430100 S 294.79 011991-000 6395502300 $ 399.19 012293-000 6394021000 S 295.26 012335-000 6393811600 S 246.09 012696-000 6393530400 S 194.13 024790-000 5751001700 $ 637.88 025424-000 6203202600 S$ 1,951.97 061968-000 6396600200 $ 221.82 062300-000 6202730200 S 235.56 068903-000 6203303000 $ 285.99 069386-000 6395201100 S 203.18 069816-000 6390550400 S 322.68 069848-000 6204501100 $ 305.10 069872-000 6203801300 S 379.10 071361-000 6201940100 $ 261.73 073481-000 6202620700 $ 334.66 075658-000 5754810200 $ 319.79 077771-000 5753220800 $ 222.42 079197-000 6394700900 $ 734.91 080956-000 6396200800 S 648.09 081831-000 6205700700 S 351.04 082923-000 6391031400 $ 276.59 085257-000 5755000500 S 349.95 094019-000 6395202100 $ 431.95 096682-000 6396301500 S$ 5,096.71 097052-000 5751530300 S$ 1,123.47 099258-000 6200810500 $ 608.56 101666-000 5752711400 S 211.43 101952-000 6201810600 $ 300.69 106611-000 5754702000 $ 414.90 110112-000 6201220900 S 438.54 116127-000 6203400300 S 276.60 116129-000 6393920400 S 290.16 116627-000 6202740300 $ 216.09 120172-000 5752711300 S 415.42 121764-000 5743002000 S 310.47 123159-000 6394111500 S 276.59 125859-000 6392002500 S 327.65 125964-000 6391200900 $ 306.62 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page|5Page 325 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 126051-000 5752310100 $ 1,034.96 126558-000 6394601100 $ 860.53 126559-000 6392000200 S 244.24 126597-000 6202940700 S 324.54 127098-000 6393530100 S 400.53 127193-000 6392510300 S 319.94 127725-000 6203020200 S 235.54 129560-000 6203304700 S$ 1,610.04 129646-000 6203900900 $ 225.81 129888-000 6390410200 $ 404.89 129974-000 6204502400 $ 311.20 129999-000 6395901200 $ 326.03 130095-000 5752520500 $ 665.65 131099-000 5755111700 $ 281.36 131101-000 6393920200 $ 339.29 131167-000 5754110300 S 222.22 131181-000 5753510300 $ 226.99 131236-000 6202060500 $ 296.58 131241-000 5755202700 S$ 2,190.15 131853-000 5751810400 $ 216.52 133052-000 6202820300 $ 966.82 133228-000 6394320200 S 174.85 134058-000 6204601600 S$ 289.94 134169-000 5751910200 S 514.88 134170-000 5751920200 $ 574.44 134391-000 6393140800 $ 678.69 134528-000 6392510200 $ 262.27 134651-000 5754500600 $ 400.02 134885-000 6201001500 $ 150.62 135216-000 5754501100 S$ 502.57 136332-000 6200760200 S 212.71 136526-000 5752510100 $ 259.00 136809-000 5750920500 $ 173.49 137031-000 6393922300 $ 473.46 137172-000 5752410600 $ 123.00 137383-000 5754700100 $ 652.67 137622-000 6232723100 $ 238.39 137967-000 6200730700 $ 374.76 138451-000 6393530300 $ 306.11 019999-000 6193503000 S$ 166.47 020153-000 6190812500 $ 334.80 021048-000 6233426800 $ 315.18 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page |6Page 326 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 025939-000 5735340400 $ 242.41 068883-000 5752220900 S 281.36 075038-000 6233151100 $ 486.12 085183-000 6193505000 $ 304.96 094950-000 6233201200 $ 208.97 109295-000 6193300200 $ 399.18 110711-000 5754321600 S 322.72 120447-000 5752921400 S 624.93 125624-000 6193423300 $ 201.33 126166-000 5752931400 S 217.60 126167-000 6233152500 S 143.20 127946-000 6233151000 S 385.65 128954-000 6233201500 S 187.56 135766-000 6233110700 $ 266.48 135907-000 6194300600 $ 316.82 137161-000 6233151500 S 470.22 131426-000 5913000500 $ 181.85 135165-000 5913100800 S 125.31 Total 219 $106,066.56 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page |7Page 327 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo City OF CHULA VISTA FINANCE DEPARTMENT COLLECTIONS UNIT Delinquent Solid Waste Accounts SOLID WASTE ACCOUNT APN AMOUNT 509-0006407 5952024900 $ 265.84 509-0011706 5703110400 S 297.22 509-0013858 5742401400 $ 283.51 509-0014147 5720420100 $ 150.00 509-0014365 5751821600 $ 240.76 509-0014384 5751920500 $ 162.62 509-0014558 5732320700 S 70.04 509-00143897 6397022600 S 265.16 509-0014998 6421302700 S 196.38 509-0015512 5672502200 $ 152.89 509-0015743 5710721900 $ 216.82 509-0015841 5712921600 $ 301.38 509-0016581 6203202800 $ 137.79 509-0016646 6392610500 $ 247.73 509-0016706 6202100500 S 246.94 509-0018148 6393830200 $ 181.51 509-0018402 6201940100 S 312.94 509-0020548 6205000100 S 260.98 509-0020622 6401711800 S 275.97 509-0020935 6422001300 $ 60.00 509-0021030 6241502200 $ 282.88 509-0021877 6193202700 S 243.94 509-0022177 6231811500 S 118.92 509-0022307 6183800900 S 296.66 509-0023029 6231911400 $ 136.90 509-0023195 6240413900 $ 739.98 509-0023301 6291520200 S 394.56 509-0023566 6182702200 S 1,342.46 509-0023589 6240554800 S$ 495.48 509-0024021 6243851300 $ 411.81 509-0025209 5721310800 S$ 124.18 509-0025818 5951403000 $ 59.46 509-0026271 6422611600 S 371.80 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 8Page 328 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0027012 6205106800 $ 283.12 509-0028068 6401204400 $ 197.76 509-0028125 6430910700 $ 137.38 509-0028972 5942802700 S 2,780.71 509-0029074 6205801300 $ 298.56 509-0029814 5730730700 S 403.33 509-0029835 5733422900 S 385.42 509-0030244 5711520700 S 232.81 509-0030329 6410921000 $ 262.46 509-0032812 5952910400 S$ 255.81 509-0033192 6193204800 $ 289.20 509-0034084 6391702900 S$ 258.91 509-0034201 6203801300 $ 380.26 509-0034230 6193415500 S 864.82 509-0034279 5720630800 $ 250.01 509-0034331 6242700700 $ 265.60 509-0035211 5741711300 $ 173.05 509-0035812 5751921200 $ 308.80 509-0036058 5661020100 $ 686.04 509-0036265 5731403000 S 69.46 509-0037005 5711030500 $ 705.34 509-0037014 6242103400 S 327.98 509-0037715 5651510300 S 523.58 509-0046841 5661030800 S$ 1,005.08 509-0051177 5703801600 $ 261.06 509-0053595 5693020600 S 219.27 509-0054053 6423204200 $ 260.64 509-0057934 6202730200 S 292.56 509-0058949 6220715700 S 326.38 509-0059034 6233000700 S 326.38 509-0062844 5651921100 S 358.70 509-0064986 6181411100 S 185.50 509-0065041 5941215600 S 443.94 509-0065149 6403107000 S 178.38 509-0067389 6181322200 S 216.79 509-0067441 6220723500 S 234.60 509-0067775 5954505800 $ 301.10 509-0067979 5692512400 $ 376.18 509-0068748 5684201900 S 343.88 509-0073151 6183330900 $ 338.16 509-0073606 5730620900 S 80.94 509-0073650 5722010100 $ 264.16 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 9Page 329 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0075815 6400333500 $ 80.04 509-0077380 5953215302 $ 187.90 509-0077655 6203030400 $ 358.12 509-0077666 6200820100 $ 518.67 509-0078269 6233426800 $ 263.44 509-0078593 6182903800 $ 879.72 509-0079112 6395502300 $ 298.68 509-0080270 6403403800 $ 290.14 509-0082840 5953503300 $ 296.58 509-0084453 5933713600 $ 59.46 509-0084929 6183010200 $ 143.49 509-0085455 6394021000 $ 263.54 509-0086626 6206520600 $ 262.80 509-0088129 5734100700 $ 278.19 509-0088930 6203020400 $ 301.08 509-0089235 5710721500 $ 193.59 509-0091190 6243003100 $ 296.58 509-0091336 6190812500 $ 220.14 509-0093094 6310110900 $ 341.32 509-0093194 6402724400 $ 145.84 509-0093323 6183600100 $ 279.74 509-0093425 6401801700 $ 93.68 509-0094844 5933822800 $ 281.84 509-0094936 6184201600 $ 269.30 509-0094964 5712710600 $ 69.46 509-0094969 6394110600 $ 355.18 509-0095172 6401011200 $ 104.06 509-0095193 5752930800 $ 243.43 509-0095404 6240414400 $ 54.14 509-0095814 6421602400 $ 120.54 509-0096129 6191223500 $ 250.24 509-0096330 6181310900 $ 358.70 509-0096395 6402714700 $ 75.99 509-0096522 5933800400 $ 300.18 509-0096626 6390550400 $ 138.92 509-0097097 5932711400 $ 301.32 509-0097881 5735003100 $ 188.08 509-0098369 5743621200 $ 300.72 509-0099097 5953302100 $ 262.70 509-0099491 5944305000 $ 262.00 509-0101272 6396601600 $ 262.64 509-0102454 6404204700 $ 162.63 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 10Page 330 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0102700 5680142500 $ 1,119.58 509-0102773 5932920700 $ 298.80 509-0103550 6431412700 $ 169.62 509-0104581 5751001700 $ 262.48 509-0104937 6191101000 S 272.78 509-0105966 6426104500 S$ 199.71 509-0106200 6424411300 S 735.74 509-0106229 5670711200 $ 297.68 509-0107337 6426102900 S 296.18 509-0107406 6426013100 S 356.40 509-0107463 6431002019 $ 59.46 509-0108447 5651002100 $ 319.34 509-0108576 6192313300 $ 483.92 509-0108584 5933724300 $ 70.04 509-0108699 5943511800 $ 289.26 509-0109527 6205700700 $ 224.48 509-0109708 5742810300 $ 298.56 509-0110311 6233150500 $ 537.62 509-0112880 5732311600 S 104.98 509-0113352 6230903200 $ 119.92 509-0114500 6433200900 S 296.23 509-0114526 6432300100 $ 265.60 509-0116884 5703124300 $ 382.38 509-0118395 6411402900 S 69.46 509-0118678 6232903100 $ 337.79 509-0118929 6192611000 $ 282.30 509-0119127 5753300300 $ 309.06 509-0119229 6422303000 S 69.46 509-0119661 6396600200 $ 265.40 509-0119982 5954406000 $ 232.23 509-0120193 5941212700 S 185.87 509-0123968 6192502900 $ 143.69 509-0125092 6434505800 $ 1,290.77 509-0127012 5691421900 S$ 1,867.15 509-0128331 6412202700 $ 240.12 509-0129225 6420802708 $ 282.06 509-0130145 6396840100 $ 170.42 509-0130189 6425904800 S 263.58 509-0130267 5933610900 S 282.86 509-0130429 6242800700 S 106.20 509-0130509 6411910500 $ 69.46 509-0131419 6426904700 S 263.04 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 11Page 331 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0133508 6203303000 $ 323.00 509-0133913 5957401700 $ 312.10 509-0134466 5730820600 S 298.32 509-0136215 6423523600 $ 61.54 509-0140488 6435141900 $ 127.11 509-0140785 6395935100 $ 424.18 509-0141592 6180613200 $ 250.01 509-0142227 6423707900 $ 207.96 509-0142834 6393811300 S 378.90 509-0143623 6411601200 $ 261.82 509-0143742 5957641300 $ 304.92 509-0144417 5957404100 $ 262.92 509-0144457 5957261700 $ 298.68 509-0145582 6436712400 $ 252.46 509-0145996 6435204912 $ 59.46 509-0146379 6435164300 $ 326.80 509-0147815 6435500600 $ 265.48 509-0147963 5950970700 $ 161.00 509-0148260 6400210300 $ 90.04 509-0150115 5955100503 $ 374.26 509-0151182 5950840600 $ 59.46 509-0152964 5957202700 $ 262.30 509-0153726 5931420200 $ 186.14 509-0153840 6442112300 $ 72.17 509-0153990 6205700800 $ 327.54 509-0154108 6431901800 $ 92.32 509-0154300 6411802000 S 833.35 509-0155143 6435001800 $ 160.08 509-0156363 5754810200 $ 222.57 509-0156991 6403401100 $ 265.82 509-0158421 6431305500 $ 285.66 509-0158814 6436621500 $ 319.46 509-0159667 5680130700 S 140.10 509-0160727 6403803100 $ 301.32 509-0161620 5958604600 $ 390.44 509-0163079 5754111000 $ 740.34 509-0163701 5753220800 S 265.82 509-0163859 6436912200 S 236.90 509-0164559 6411410600 $ 292.56 509-0165066 6390710300 S 316.76 509-0165814 6202621200 S 368.22 509-0167145 6394700900 S 298.62 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 12Page 332 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0167253 5955100505 S$ 2,187.06 509-0167584 6411111200 S 137.78 509-0167681 6394120400 $ 250.01 509-0168047 6436400400 S 92.68 509-0168880 6401613700 S 65.96 509-0170611 5662910900 S 887.44 509-0171449 5954703300 $ 250.01 509-0172791 6426322400 $ 80.67 509-0174330 5742120600 $ 227.52 509-0174601 6193423300 S$ 298.12 509-0174916 6400210400 S 231.50 509-0175664 6437401900 S 311.50 509-0175698 6437411900 S 265.60 509-0176355 6403600500 $ 64.93 509-0177525 6430514951 $ 776.12 509-0178993 6442903900 S 274.24 509-0179335 6437600700 $ 59.46 509-0180869 5852222500 $ 320.37 509-0181201 6191312400 $ 126.27 509-0182374 6431002205 S 262.84 509-0182807 5933821900 $ 294.94 509-0182817 6193505000 $ 287.92 509-0183696 5711420500 $ 263.54 509-0184247 5752312300 $ 354.73 509-0184296 5711210600 S 221.71 509-0184701 6424800800 $ 288.20 509-0185220 6402511800 S 538.36 509-0185443 6436103005 $ 301.10 509-0185528 6436103370 $ 322.19 509-0185641 6396501200 $ 293.46 509-0185792 5958811500 $ 110.44 509-0186140 6436103335 $ 260.20 509-0187290 5933718200 $ 323.74 509-0187365 6240533000 $ 123.43 509-0188255 6422202200 $ 70.04 509-0188469 6201611700 $ 270.59 509-0192097 5743911800 $ 845.29 509-0192171 6435026900 $ 265.88 509-0192606 6433012400 $ 260.33 509-0193360 6435615800 $ 584.62 509-0194474 6241700900 $ 350.85 509-0194725 5711121900 S$ 2,718.19 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 13Page 333 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0194943 5953606000 S 191.90 509-0195436 6393621400 S 572.48 509-0196177 6191610300 $ 303.08 509-0197140 5734900800 S 969.88 509-0198101 5711810100 $ 788.40 509-0198378 5921912006 $ 252.74 509-0198436 5732220600 S 226.50 509-0199146 6202512900 S 257.08 509-0199610 5742711500 $ 319.88 509-0199721 5633011500 S$ 1,301.34 509-0201105 6435205019 S 174.04 509-0201799 6233201200 S 59.46 509-0202198 6202621700 S 300.66 509-0202422 5730810300 $ 121.88 509-0202845 6206105500 S 301.32 509-0203225 6437615000 S 297.92 509-0203658 6202520400 S 205.48 509-0203688 5958440400 $ 361.78 509-0204026 5954505200 $ 194.10 509-0204751 6204202300 $ 53.96 509-0206275 6241501800 $ 71.19 509-0206337 5633100400 S 419.67 509-0206339 5921613400 $ 70.04 509-0206497 5950314309 $ 298.82 509-0206602 6242503200 $ 301.38 509-0208732 6435130500 $ 70.04 509-0209137 5692631600 $ 185.04 509-0209282 6200810500 $ 69.01 509-0210026 5950314614 S 312.54 509-0210470 5954300408 S 251.40 509-0210848 5661100500 S 763.93 509-0211268 6436723300 $ 85.12 509-0211613 5671010600 $ 59.46 509-0211614 5671010600 $ 272.42 509-0212135 6426503400 $ 125.24 509-0212568 5733030100 S 301.32 509-0212947 5692700400 $ 857.84 509-0213211 5733721300 $ 654.42 509-0213859 6422203100 $ 280.02 509-0214345 6402720100 S 154.16 509-0214585 6183600600 S 101.62 509-0215055 6404301507 S 135.41 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 14Page 334 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0215775 6403505800 $ 267.08 509-0216162 6396000900 S 327.26 509-0217312 5732702500 $ 358.64 509-0218718 6394320600 S 319.28 509-0219490 6441303800 $ 108.10 509-0220019 6430515331 S 232.50 509-0220369 6411326700 S 65.23 509-0220488 6401021600 S 72.19 509-0221064 6231712000 $ 361.90 509-0221275 6436510607 $ 558.52 509-0221582 6403100700 $ 291.61 509-0223075 5931430500 $ 289.30 509-0224308 5958202100 S 171.18 509-0224312 5650321300 S 66.02 509-0225904 5753011600 S 228.32 509-0225981 6220710800 $ 337.56 509-0227373 5693200600 $ 275.97 509-0227478 6436614000 $ 184.88 509-0227554 6191720500 S 303.48 509-0229446 6436102840 S 178.45 509-0229580 5955100603 S 2,229.73 509-0229687 6401010800 $ 82.44 509-0230101 6426811600 $ 186.98 509-0230244 6201220900 S$ 298.44 509-0230323 6435305500 $ 246.57 509-0230731 6232114400 S 89.30 509-0230778 6403406700 S 234.58 509-0230884 5950960100 S 69.74 509-0231137 6426402900 $ 228.58 509-0231209 5754321600 $ 263.00 509-0231291 6412712100 S 320.80 509-0232509 5954405700 S 256.24 509-0233092 6393920400 S 263.64 509-0233172 6203500700 $ 90.08 509-0233313 5922301700 S 137.99 509-0233736 6200750200 S 281.38 509-0234566 6436000100 $ 112.98 509-0234658 6430513500 $ 293.93 509-0235966 5680741300 S 259.86 509-0236986 6437701527 S$ 284.61 509-0237100 5755200400 $ 288.56 509-0237680 5952924900 S 283.51 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 15Page 335 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0238420 6401801800 S 170.74 509-0238593 6435800300 S$ 80.04 509-0238808 5712812000 $ 339.77 509-0239005 6402222900 S 864.77 509-0239012 6401803100 $ 602.13 509-0239205 6230301121 $ 264.85 509-0239424 6422712100 S 70.04 509-0239782 6430513500 $ 563.31 509-0240797 5731101900 S$ 1,509.63 509-0240804 6202101200 S 283.69 509-0241091 5721910600 $ 297.60 509-0241117 6204102000 $ 138.92 509-0241127 5752921400 $ 343.18 509-0241364 6436103140 $ 251.17 509-0241432 6442513100 S 74.15 509-0241514 6436606500 S 565.37 509-0241691 5950921300 $ 141.35 509-0242018 5958721400 S 263.76 509-0242101 6232722200 S 138.92 509-0242319 6404101200 $ 285.74 509-0243323 5690100500 $ 327.26 509-0243368 6435151200 $ 501.13 509-0243685 6436122850 $ 138.92 509-0243967 6411134800 $ 165.24 509-0244354 5954200716 $ 265.60 509-0245249 6435611700 S 275.20 509-0246486 5957331600 $ 274.04 509-0247410 5754700100 $ 301.08 509-0247736 6190401600 $ 591.80 509-0248651 6426814900 S 135.96 509-0248978 5957811000 S 318.64 509-0249072 5713020900 $ 135.58 509-0249099 6310127600 $ 70.04 509-0249218 5735120800 $ 263.16 509-0249332 6432510500 S 265.82 509-0249474 5733410500 S 3,242.35 509-0249737 5933122700 $ 2,055.26 509-0250022 6200311700 $ 149.80 509-0250204 6201950300 $ 193.71 509-0250850 6430513500 $ 103.74 509-0251182 5852205100 $ 719.56 509-0251377 5711510600 $ 216.91 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 16Page 336 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0251399 6205800300 $ 262.76 509-0251490 6432811200 S 265.60 509-0251495 6205420500 $ 260.66 509-0251508 6433203900 S 173.42 509-0251865 5933300500 S 385.30 509-0252188 6442401822 S 218.48 509-0252360 6401010700 S 193.93 509-0252516 5741711900 S 337.88 509-0252699 5957356500 $ 70.04 509-0252957 5958441100 S 327.46 509-0253090 6430515320 S 275.58 509-0253302 6441911400 S 166.72 509-0253314 6425401200 $ 72.78 509-0253530 5720800900 $ 298.38 509-0253641 6435132900 S 59.46 509-0253852 5752310100 $ 263.16 509-0253910 6426214100 S 345.10 509-0253946 6435173600 S 163.18 509-0253984 5742120700 S 72.44 509-0254394 5722521100 $ 271.20 509-0254671 5932622400 S 68.44 509-0255001 6394601100 S 59.46 509-0255225 6430513500 S 221.06 509-0255453 5712812000 $ 336.68 509-0255462 6232215700 $ 120.94 509-0255730 5734302200 S 118.10 509-0256034 5933800200 $ 64.56 509-0256078 6434864300 S 70.04 509-0256373 5691901800 $ 438.22 509-0256854 6426404000 $ 181.60 509-0256961 6200820300 S 1,408.46 509-0257191 5742611200 S 526.86 509-0258428 6430513500 $ 272.69 509-0258778 6201610400 S 263.82 509-0258803 6435204801 $ 239.41 509-0258884 6291510200 S 356.36 509-0259048 6432711800 S 383.46 509-0259162 6435805300 S 263.52 509-0259513 6192500500 $ 196.20 509-0260222 5684104500 S 838.62 509-0260266 6392510300 S 189.30 509-0260359 5943843600 $ 319.28 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 17Page 337 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0260412 6200760200 $ 101.19 509-0260583 6411601000 S 298.54 509-0260674 5742610200 S 298.00 509-0261136 6432331900 $ 239.27 509-0261355 6394111600 § 1,373.71 509-0261357 6436510910 S 280.84 509-0261850 6437701518 $ 162.78 509-0261868 6192021200 $ 805.18 509-0261889 6412023300 S 69.46 509-0262080 6403921000 $ 283.51 509-0262704 6435012700 $ 92.98 509-0262932 6233151000 $ 105.16 509-0263016 6431601500 $ 91.81 509-0263674 6402340800 $ 378.82 509-0263675 6403507000 S$ 198.38 509-0263707 6443102051 $ 300.50 509-0264005 6435614800 S$ 823.68 509-0264565 6233320900 $ 292.12 509-0264569 6184101500 S 302.84 509-0264584 5693200100 S 204.42 509-0264969 5683320500 $ 59.67 509-0265059 5958721500 $ 794.41 509-0265427 5953212928 S 80.90 509-0265599 6192311900 $ 141.31 509-0265654 5684502800 S$ 2,574.73 509-0265879 6394110500 $ 381.66 509-0265939 6180902000 $ 298.48 509-0266004 5950314404 S 185.18 509-0266206 5753510300 S 286.14 509-0266288 5933012100 S 281.94 509-0266531 6443146000 $ 421.18 509-0267523 6442703700 $ 97.64 509-0267669 5662911000 S 325.82 509-0267847 5954200911 S 221.60 509-0268182 6430513500 S 1,428.78 509-0268208 6192010700 S 456.58 509-0268292 5693111400 S 201.52 509-0268423 6411123400 $ 599.24 509-0268516 6435204209 S 258.48 509-0268840 5957635700 S 54.84 509-0268906 5754110600 $ 226.12 509-0268913 5731200300 $ 969.13 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 18Page 338 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0269378 6397102500 $ 145.89 509-0269495 6431311800 S$ 160.08 509-0269774 6431821700 $ 95.82 509-0269824 6403116000 S 59.46 509-0269883 6192313500 $ 482.95 509-0269930 6432701300 S 299.38 509-0270106 6201700100 S 59.46 509-0270271 5952220413 S 58.94 509-0270421 5957210500 $ 160.08 509-0270446 6203304700 S 1,488.75 509-0270479 6193426200 $ 243.60 509-0270598 6401523300 $ 138.01 509-0270621 5730100700 $ 320.86 509-0270768 5954002200 $ 59.46 509-0270953 5751830600 S$ 1,830.37 509-0271085 5721720900 S 569.59 509-0271221 6430513500 $ 210.04 509-0271282 5956100500 $ 70.04 509-0271294 5954404200 $ 70.62 509-0271333 6404102800 S 263.42 509-0271418 6435204204 S 146.04 509-0271599 6201930900 $ 87.52 509-0271732 6403117500 $ 314.52 509-0272017 6220716900 $ 641.44 509-0272062 5954102314 $ 267.56 509-0272357 5950950500 $ 388.93 509-0272440 5921613300 $ 298.42 509-0272455 6411324900 § 1,102.39 509-0272582 6424800400 $ 311.28 509-0272862 5933901900 $ 298.72 509-0272906 6443830200 $ 114.10 509-0272921 5651701900 $ 380.53 509-0273253 5731201900 S 292.84 509-0273323 6412001700 $ 126.86 509-0273343 6430513500 S$ 1,428.85 509-0273395 6441110500 $ 140.50 509-0273550 6432620700 S 265.18 509-0273572 6203304800 S 262.24 509-0273720 6182401200 $ 263.48 509-0273723 5685120400 $ 220.10 509-0273733 6395301500 $ 272.56 509-0273779 5943412900 S 88.10 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 19Page 339 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0274252 6393530400 $ 283.42 509-0274347 6443843000 $ 70.04 509-0274461 5732902900 $ 889.14 509-0274557 6233422800 $ 576.32 509-0274769 6436510332 S 118.38 509-0274799 6204803200 S 59.46 509-0274810 5950315357 S 331.94 509-0275400 6203103200 S 277.04 509-0275506 6430513500 S$ 1,105.74 509-0275860 5740910500 $ 263.54 509-0276037 6440612803 $ 243.43 509-0276193 5755202700 $ 975.19 509-0276245 6423520700 $ 167.09 509-0276312 6442710100 S 583.68 509-0276791 5732000400 $ 73.96 509-0276900 6441114500 $ 315.48 509-0277002 6412512700 S 93.80 509-0277433 6181521000 $ 554.60 509-0277573 6430513500 S$ 1,482.00 509-0277618 6441220700 $ 861.88 509-0277682 5921723700 $ 219.27 509-0277968 6430608829 $ 90.04 509-0278116 5702800500 $ 343.14 509-0278255 6424912500 $ 263.64 509-0278589 6206522900 S 299.76 509-0278648 5952141000 $ 74.04 509-0278677 6426703900 $ 62.88 509-0279164 5957720200 $ 472.52 509-0279274 6403300106 S 179.77 509-0279326 6433800901 S$ 231.40 509-0279345 5751810400 $ 253.58 509-0279346 6232114400 S$ 2,041.07 509-0279459 5754110300 S 170.23 509-0279485 6425500506 S 59.46 509-0279637 6431501300 $ 392.96 509-0279662 6430650653 $ 285.30 509-0279758 6430650317 $ 110.00 509-0279871 6204501100 S 92.05 509-0280340 5943821200 $ 455.96 509-0280381 6412700100 $ 351.58 509-0280495 6220722700 $ 85.20 509-0280682 5952140600 S 249.73 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 20Page 340 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0280812 6435612300 $ 59.46 509-0280826 6404300520 S 160.08 509-0280831 6190402300 S$ 1,377.04 509-0280876 5742721700 S 185.45 509-0280921 6443162500 S 111.09 509-0281148 6433121300 S 262.06 509-02381210 6430650623 $ 254.57 509-0281230 5958440100 $ 70.04 509-0281370 6243853500 S 795.66 509-0281525 6310132700 S$ 1,830.58 509-0281618 6430640127 S 320.80 509-02381747 6220727400 $1,315.11 509-0281761 6426912700 $ 282.80 509-0281814 6443870700 S 73.84 509-0282076 6436102715 $ 84.12 509-0282098 6436202000 $ 170.23 509-0282101 6443138068 $ 142.00 509-0282123 6403503700 S 142.33 509-0282249 6403817500 $ 323.86 509-0282280 5933822100 S 116.10 509-0282330 6436103107 $ 282.78 509-0282748 6425602102 $ 264.18 509-0282768 6430210909 $ 247.30 509-0282881 6436102818 S 98.54 509-0283290 5958610100 $ 189.98 509-0283591 6436103116 $ 288.85 509-0283629 6430513500 $ 420.90 509-0283634 5957462100 $ 295.14 509-0283758 5741203400 S$ 267.10 509-0283815 6440614305 S 219.27 509-0284119 6425103600 $ 232.55 509-0284275 5742813500 S 125.62 509-0284307 6431404600 S 296.44 509-0284410 6412502400 S 286.81 509-0284531 6233002300 $ 78.89 509-0284749 6183721300 S 278.16 509-0284781 6430513500 S$ 1,259.88 509-0284924 6240321300 $ 778.82 509-0285111 6241901900 S 2,162.86 509-0285164 5921712600 S 319.04 509-0285325 6434500200 S 278.14 509-0285359 6430513500 S 375.49 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov (619) 409-3597 | fax (619) 585-5612 Page | 21Page 341 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0285361 6430513500 S 194.30 509-0285445 6220724700 S 73.23 509-0285545 6443711500 $ 244.08 509-0285644 6430210907 $ 220.33 509-0285710 6396200800 S 111.02 509-0285715 6443180100 S 98.50 509-0286233 6442012400 S 365.26 509-0286268 6180721000 $ 73.11 509-0286325 5683341200 S 70.04 509-0286393 6430513500 $ 647.58 509-0286461 6430513500 $ 295.16 509-0286604 5950314304 S 644.01 509-0286625 6431902300 S 260.10 509-0286687 5742021200 $ 320.24 509-0286757 5943921200 S 77.04 509-0286857 5953214938 S 84.01 509-0286881 6393830400 S 131.33 509-0287037 5682632400 S$ 67.64 509-0287062 6430513500 S 249.76 509-0287318 5711820700 S 882.48 509-0287366 5933600700 $ 243.43 509-0287398 6443133351 S 79.46 509-0287476 5682632400 $ 104.04 509-0287500 6443861000 $ 297.24 509-0287577 5952620400 S 133.86 509-0287622 6412710600 $ 415.00 509-0287632 6190901300 S 251.17 509-0287633 6190901200 S 85.43 509-0287645 6430650633 S 200.16 509-0287733 5953601200 $ 264.08 509-0287790 6430513500 $ 114.56 509-0288000 6402511000 $ 109.46 509-0288310 5751910200 $ 216.74 509-0288456 5751710600 $ 281.08 509-0288546 5943810800 $ 250.12 509-0288989 6443418206 $ 252.06 509-0289033 6394120900 $ 70.04 509-0289073 6430513500 $ 245.99 509-0289100 6430513500 S 701.26 509-0289166 6443503823 S 232.34 509-0289205 5692321200 S 70.04 509-0289252 6443846700 S 246.01 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 22Page 342 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0289269 6392210400 $ 253.78 509-0289299 6403101000 S$ 1,789.78 509-0289397 5754930800 $ 203.03 509-0289429 5672122000 S 554.70 509-0289505 5730630700 $ 263.42 509-0289647 6202940200 $ 86.23 509-0289649 5734201400 S 59.46 509-0289653 6203702500 $ 302.24 509-0289658 6430515306 $ 59.46 509-0289708 6443210200 $ 304.30 509-0289765 6392002300 $ 59.46 509-0289776 5712610800 $ 243.52 509-0289814 6443521200 $ 350.22 509-0289819 6443110614 $ 415.56 509-0289926 6402800528 $ 59.46 509-0290088 5958802200 S 250.12 509-0290217 6436102718 $ 272.00 509-0290449 5950833300 $ 231.17 509-0290509 5754500600 S 159.90 509-0290525 6430513500 S$ 1,213.17 509-0290569 6436510430 S$ 55.92 509-0291002 6443801200 $ 148.92 509-0291016 5933110500 $ 413.87 509-0291120 6430513500 S$ 1,178.67 509-0291123 5650510300 $ 298.12 509-0291125 6310126100 S$ 2,638.50 509-0291165 5633100500 $ 301.23 509-0291208 6425700500 $ 336.26 509-0291387 6436500333 S 678.08 509-0291516 6430513500 S 350.39 509-0291520 6233423300 $ 70.04 509-0291544 6426300600 $ 80.04 509-0291577 6393140800 $ 296.40 509-0291626 6402345200 $ 70.04 509-0291644 5933730400 S 273.72 509-0291684 6430513500 S 424.35 509-0291713 6430513500 $ 980.66 509-0292161 6402800876 $ 257.90 509-0292383 5954102316 $ 315.68 509-0292416 5680141300 S 220.85 509-0292531 6425902400 $ 333.90 509-0292651 6394130600 $ 192.57 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 23Page 343 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0292747 6430608805 $ 86.46 509-0292766 5712820400 $ 525.44 509-0292799 6430513500 $ 232.05 509-0292891 5952530800 $ 295.44 509-0293168 6443456800 $ 123.42 509-0293287 6437002300 $ 302.58 509-0293318 5650802100 $ 190.81 509-0293509 6430513500 $ 715.55 509-0293619 5957251900 $ 316.90 509-0293623 5690711700 $ 76.08 509-0293650 5957713600 $ 256.25 509-0293655 6423140500 $ 365.02 509-0293782 6430513500 $ 422.29 509-0293998 6443138042 $ 207.32 509-0294068 6430513500 $ 118.12 509-0294120 5730811200 $ 133.75 509-0294249 5921912027 $ 203.66 509-0294279 5733321300 $ 393.84 509-0294392 6435614800 $ 320.30 509-0294459 6430513500 $ 829.94 509-0294477 6180721000 $ 90.45 509-0294681 6433200900 $ 765.08 509-0294734 6430513500 $ 340.32 509-0294828 6430515033 $ 385.54 509-0294843 6202611100 $ 231.11 509-0294849 5680431300 $ 138.92 509-0294854 6437310600 $ 342.77 509-0294890 5956803600 $ 179.36 509-0295062 6422005100 $ 254.45 509-0295592 6233321200 $ 243.22 509-0295593 6425313200 $ 270.28 509-0295762 6402722100 $ 299.57 509-0295840 5734201400 $ 116.42 509-0295873 5721620400 $ 290.50 509-0295900 6220710610 $ 164.75 509-0295901 5754501100 $ 358.49 509-0296259 6413002900 $ 89.23 509-0296303 6443313207 $ 746.86 509-0296521 5956100600 $ 70.04 509-0296529 6233151500 § 1,215.04 509-0296576 6425500105 $ 128.92 509-0296664 6430513500 $ 678.64 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 24Page 344 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0296673 6242100300 S 294.86 509-0296700 5953215304 S 339.01 509-0296802 5682632400 S 364.06 509-0296803 6412902200 S 72.44 509-0296873 6430513500 S 854.01 509-0296950 5742610900 $ 294.02 509-0297043 6430651990 S 317.12 509-0297044 6430652143 $ 209.27 509-0297367 6430652116 $ 216.62 509-0297480 6430513500 S 505.33 509-0297576 6430513500 $ 570.86 509-0297752 6403107000 S 119.89 509-0297787 5958214300 S 283.51 509-0297813 6440612904 S 205.93 509-0297865 6437510900 S 230.39 509-0298061 6435423300 $ 377.38 509-0298150 6404110500 $ 297.30 509-0298271 5670321700 S 995.11 509-0298311 5680440700 S 50.88 509-0298353 6430652153 $ 158.01 509-0298390 6233110700 S 300.56 509-0298394 6426506200 S 399.98 509-0298436 6412115400 $ 60.00 509-0298647 5732700500 $ 150.08 509-0298659 5663305700 $ 88.10 509-0298712 6430652172 $ 152.33 509-0298775 6426402200 S 974.30 509-0298871 6435801400 S 51.86 509-0298977 6435707100 $ 315.86 509-0298980 5952220380 $ 497.69 509-0299267 5663007200 $ 482.89 509-0299282 6240514700 $ 196.98 509-0299332 6443313209 $ 316.18 509-0299353 6430513500 $ 154.86 509-0299378 5957351100 $ 297.42 509-0299470 6241000900 $ 96.03 509-0299481 5741403300 $ 330.86 509-0299633 6403302606 $ 59.46 509-0299651 5683520400 S 63.50 509-0299669 5712321100 $ 68.92 509-0299694 6430516002 S$ 1,704.20 509-0299870 5952935000 $ 109.05 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 25Page 345 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0299983 5712621700 $ 363.00 509-0300082 6443503916 $ 250.33 509-0300230 6435053300 $ 70.04 509-0300256 6441114800 $ 295.87 509-0300292 6433122600 $ 77.52 509-0300632 5951750100 $ 256.26 509-0300671 6444044500 $ 281.34 509-0300769 6401103600 $ 137.76 509-0300793 6220727800 § 1,254.40 509-0300808 5685111200 $ 224.52 509-0300910 6201931000 $ 216.18 509-0301129 6403914100 $ 144.59 509-0301175 6394500700 $ 333.96 509-0301255 6443441200 $ 263.32 509-0301356 6443502600 $ 346.94 509-0301409 6435402200 $ 175.14 509-0301502 6440723022 $ 314.86 509-0301510 5691421100 $ 860.81 509-0301626 6394500700 $ 679.67 509-0301709 6202830300 $ 291.34 509-0301768 6436500426 $ 217.18 509-0301797 6430513500 $ 323.43 509-0301798 6430513500 $ 297.05 509-0301799 6430513500 $ 67.58 509-0301806 6430513500 $ 620.07 509-0301900 5711121300 $ 285.00 509-0301944 6443714600 $ 208.38 509-0301982 6402723200 $ 314.62 509-0302153 6442401725 $ 261.76 509-0302523 5852200200 $ 296.32 509-0302637 6404012400 $ 214.14 509-0302694 6430513500 $ 436.89 509-0302705 6232905800 $ 1,386.67 509-0302714 5950315371 $ 283.61 509-0302721 6430513500 $ 127.65 509-0302786 5722321600 $ 309.44 509-0302873 5670520500 $ 497.40 509-0302923 6443210400 $ 93.49 509-0303006 6435603200 $ 177.36 509-0303258 5933122700 $ 190.27 509-0303297 6430513500 $ 496.60 509-0303298 6430513500 $ 199.03 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 26Page 346 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0303379 5754910700 S 101.54 509-0303405 6403816800 $ 304.71 509-0303516 6443102245 S$ 334.42 509-0303747 6430513500 $ 64.92 509-0303807 5730730800 5 287.06 509-0303893 5933012100 $ 796.14 509-0303963 6430650679 S 60.73 509-0303976 6436102752 S 59.46 509-0303990 6425002800 S 244.82 509-0304061 6231614600 S 261.34 509-0304155 6440720118 $ 281.20 509-0304294 5933612000 $ 303.92 509-0304340 6435174300 $ 253.82 509-0304372 5955100408 $ 296.56 509-0304415 6411321800 S 75.11 509-0304564 6443876500 $ 196.20 509-0304989 6435412300 $ 87.52 509-0305059 5722521400 $ 329.44 509-0305331 6436412200 S 354.70 509-0305353 6430210963 S 144.30 509-0305382 6396900600 S 331.21 509-0305458 6441703800 S 133.20 509-0305496 6423525100 $ 466.82 509-0305603 5752510100 S 150.08 509-0305625 6423525100 S$ 232.46 509-0305875 5953215406 S 273.78 509-0305958 6205414900 $ 214.74 509-0306078 5952220356 S 269.72 509-0306116 6434503200 S 314.32 509-0306293 6433410400 $ 275.30 509-0306349 6393302700 $ 53.81 509-0306357 6192122500 S$ 1,215.06 509-0306369 6443811100 S 197.05 509-0306582 5750102500 $ 193.56 509-0306875 6435205001 $ 128.92 509-0306882 5711931300 $ 77.30 509-0306898 6430212219 $ 301.00 509-0306984 6432112300 $ 307.56 509-0307085 6430513500 S 312.05 509-0307153 5956004600 $ 206.46 509-0307516 5752111000 S 115.11 509-0307572 5751720600 S 328.22 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 27Page 347 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0307662 6430513500 S$ 85.98 509-0307755 6192214500 S 623.95 509-0307766 6192314600 S 74.08 509-0307799 6435204818 S 279.44 509-0307850 5753011700 $ 240.77 509-0307949 6430513500 $ 141.17 509-0308156 5954301706 $ 258.10 509-0308175 6310111200 $ 309.87 509-0308180 6433801807 $ 262.53 509-0308240 6393303600 $ 74.57 509-0308264 6394220600 $ 483.70 509-0308402 6430608838 $ 59.46 509-0308409 6430651846 $ 260.16 509-0308431 6434606400 $ 289.64 509-0308677 6391830500 $ 225.78 509-0308878 6430513500 $ 528.61 509-0309060 6443700900 S$ 289.56 509-0309074 5650802100 $ 324.76 509-0309110 6430513500 $ 90.48 509-0309118 6435053000 $ 51.88 509-0309147 5958443300 $ 186.20 509-0309255 6430513500 $ 465.94 509-0309476 5752410600 $ 499.95 509-0309566 6205200700 $ 297.84 509-0309652 6426102300 $ 335.71 509-0309774 5953505300 $ 263.79 509-0309959 6182402400 S 275.17 509-0309979 6420803703 $ 177.50 509-0310046 6441131600 $ 59.59 509-0310063 6412824100 S 116.52 509-0310069 6443104924 $ 102.92 509-0310084 5956205000 $ 130.52 509-0310090 6443603700 $ 205.70 509-0310102 6200730700 S 291.17 509-0310111 6431002101 $ 160.08 509-0310183 6443102029 S 303.00 509-0310298 6425702200 $ 128.92 509-0310343 5957421600 $ 279.10 509-0310440 5952220409 $ 328.33 509-0310562 5693510200 $ 348.94 509-0310623 6443104884 $ 298.72 509-0310671 6393620900 $ 76.95 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 28Page 348 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0310678 6242802300 $ 61.62 509-0310706 6442506200 S 219.27 509-0310713 6430651985 S 259.52 509-0310849 6231111500 S 289.46 509-0310892 5922301700 S 307.26 509-0310910 5956100600 S 70.31 509-0310913 6201612100 S 150.08 509-0310933 5932922100 $ 77.68 509-0311092 7762310237 S 59.46 509-0311105 5652500700 $ 241.17 509-0311178 5952220519 $ 168.45 509-0311185 6432002000 $ 352.31 509-0311218 6443139206 $ 269.22 509-0311225 5650510300 $ 207.18 509-0311306 6391020400 $ 179.18 509-0311330 5957640100 $ 225.15 509-0311349 5691421600 S 251.98 509-0311354 6232905800 S 548.09 509-0311483 5741920900 $ 219.27 509-0311531 6423130500 $ 165.04 509-0311564 6443213900 S 92.77 509-0311581 5952220409 $ 189.18 509-0311589 6436122411 $ 54.49 509-0311593 6240212000 $ 128.92 509-0311663 6440711646 $ 215.82 509-0311697 5943913400 S 130.12 509-0311740 5950314605 $ 141.15 509-0311769 6430514981 $ 171.84 509-03113864 5954902100 $ 134.80 509-0311891 6441704500 $ 157.76 509-0311923 5691330600 S 212.47 509-0311967 6430653062 $ 138.69 509-0311983 6425700200 $ 179.65 509-0312014 6411321800 $ 70.04 509-0312031 6401973200 S 167.45 509-0312069 6393530300 S 245.01 509-0312157 6181411600 $ 115.19 509-0312172 6401011200 S 161.96 509-0312226 6435912700 $ 131.85 509-0312261 5681631600 $ 111.84 509-0312320 6443104863 S 188.15 509-0312366 6430210932 $ 86.25 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 29Page 349 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Finance Department - Memo 509-0312432 5922304300 S 210.12 509-0312443 5951630800 S 98.96 509-0312695 6433801207 S 77.05 509-0312831 6435301100 S 59.51 919 Accounts $294,880.35 276 Fourth Avenue, Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-3597 | fax (619) 585-5612 Page | 30Page 350 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Item 7.2: Assessment of Delinquent Solid Waste Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING NOVEMBER 12, 2024 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT ADRIAN DEL RIO , ASSISTANT DIRECTOR, FINANCE Page 351 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Solid Waste Service Background oPer CVMC Section 8.24.010, the collection of solid waste is a mandatory service which shall not be discontinued or suspended. oCVMC Section 8.24.180 outlines payment obligations, billing cycles, service rates, penalties for delinquency and the lien process. oAdditional information on Sustainability/ Trash & Recycling: o www.chulavistaca.gov/departments/clean Page 352 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Lien Process Overview City staff worked closely with Republic Services staff for several months leading up to the Public Hearing and have carried out the lien process per CVMC 13.14.180. Staff is submitting a lien list containing 919 accounts valued at $294,880 28 lien-eligible accounts valued at $11K were placed on the payment plans $788K in AR has been paid since initial Past Due Notice was sent in July 2024 Our comprehensive approach is highlighted by the following: ◦Several touchpoints and informative noticing to customers ◦Dedicated customer support phone line and payment support ◦Third-party parcel and account validation ◦Legal review of noticing and communication ◦Translated notices ◦Offering payment plans Page 353 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Lien Process Timeline Page 354 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector. Page 355 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Otay Ranch: Consider a Fourth Addendum to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Plan Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, a Zone Change, a Tentative Map, and a Development Agreement Report Number: 24-0233 Location: 2015 Birch Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions are necessary, and none of the conditions described in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. Therefore, the Director of Development Services has called for the preparation of a Fourth Addendum to FEIR 02-04 for consideration. Recommended Actions Conduct a public hearing, discuss the matter, and determine whether to approve or deny the project. Actions Necessary to Approve the Project: A. Adopt a resolution (Resolution A) to: 1. Certify the Fourth Addendum to FEIR 02-04; and 2. Amend the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial SPA Plan (SPA22-0001), reducing the entitled commercial space from 960,000 square feet to 816,000 square feet (reduction of 144,000 square feet of commercial uses) and to reflect the change in zoning from commercial to mixed-use, allowing up to 840 multifamily dwellings on the subject Page 356 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 property (ZC22-0001) in accordance with the required findings and subject to the conditions contained therein; and 3. Approve a Tentative Map (TM22-0002) incorporating the proposed changes to the Otay Ranch Town Center in accordance with the required findings and subject to the conditions contained therein; and B. Place an ordinance (Ordinance B) on first reading concerning modifications to the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC -1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (First Reading); and C. Place an ordinance (Ordinance C) on first reading concerning a change in zoning from commercial to mixed-use residential (First Reading); and D. Place an ordinance (Ordinance D) on first reading concerning a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation and a Public Benefit Contribution (First Reading). OR Action Necessary to Deny the Project: E. Adopt a resolution (Resolution E) to deny a Fourth Addendum (IS22-0002) to the Final Second Tier Environmental Impact Report (FEIR 02-04), Amendments to the Chula Vista General Plan (GPA22- 0001), the Otay Ranch General Plan Development Plan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area Plan (SPA22-0001), including Associated Regulatory Documents, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement. SUMMARY General Growth Properties (GGP)-Otay Ranch L.P., a Delaware limited partnership, (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or “Developer”) proposes to amend the Otay Ranch Freeway Commercial SPA Plan and the associated Planned Community (“PC”) District Regulations, and a zone change, to modify the existing land use plan to reduce the entitled commercial space from 960,000 square feet to 816,000 square feet (reduction of 144,000 square feet), and incorporate a mixed-use residential designation allowing up to 840 multifamily dwellings with optional ground-floor commercial space (“Project”). The Project would include redevelopment of approximately 37,500 square feet of existing commercial space within the existing Otay Ranch Town Center. The Project provides approximately 2.56 acres of usable parkland acres and an enhanced plaza space. The Project includes a Tentative Map that proposes to extend Town Center Drive from Ring Road into the existing shopping center, implements minor modifications to an existing internal street, and closes a portion of Kestrel Falls Road to vehicular traffic allowing expansion and enhancement of the Otay Ranch Town Center plaza. An Addendum to FEIR 02-04 provides additional information and analysis concerning land use impacts resulting from the proposed amendments. A Development Agreement is required to allow the Project to be constructed in phases, and address the Community Purpose Facility obligation, the Parkland obligation and a Public Benefit Contribution. Page 357 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted FEIR for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. A Fourth Addendum to FEIR 02-04 was therefore prepared for the Project (Attachment 1). BOARD/COMMISSION/COMMITTEE RECOMMENDATION On September 25, 2024, the Planning Commission voted 7-0-0 to adopt Resolution No. 2024-12, recommending that the City Council approve the Project (Attachment 2). At the Planning Commission meeting, there were members of the public in attendance who spoke in favor and opposition to the project. Written communication received prior to the meeting consisted of 15 emails (one email in favor and 14 in opposition) and 54 eComments (one in favor and 53 in opposition). The written communication is provided as Attachment 3 to this report. Items discussed by the Commission during the meeting: concerns with the loss of the current soccer fields; park land being provided is not adequate for active recreational uses; traffic; optional ground floor retail instead of a commitment to ground floor retail; loss of regional serving commercial, and loss of jobs. DISCUSSION The Otay Ranch Freeway Commercial SPA is generally located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (Attachment 4). The proposed Project is limited to the FC-1 District of the SPA, which includes everything within the SPA boundaries south of the Bus Rapid Transit (“BRT”) guideway. In September 2004, the Otay Ranch Freeway Commercial SPA Plan and Tentative Map were adopted, entitling approximately 1,214,000 square feet for commercial uses: 867,000 square feet in the Freeway Commercial South (“FC-1”) District and 347,000 square feet in the Freeway Commercial North (“FC-2”) District. In 2007, the FC-1 entitlement was amended to allow up to 960,000 square feet of freeway-serving commercial development. In May 2015, in conjunction with the First Addendum to FEIR 02-04, General Plan and General Development Plan (“GDP”) amendments entitled the development of 600 multifamily residential units, 15,000 square feet of ground-floor retail, a two-acre urban park, and two hotels within the 36-acre FC-2 District (City Council Resolution No. 2015-114). The FC-2 Development Agreement was adopted via Ordinance No. 3345 on June 29, 2015. In September 2016, the Second Addendum to FEIR 02-04 and amendments to the Otay Ranch Freeway Commercial SPA Plan and associated regulatory documents (City Council Resolution No. 2016-187), Tentative Map CVT 15-0007 (City Council Resolution No. 2016-188), Design Review Permit DR16-0030 (City Council Resolution 2016-189), and amendments to the Otay Ranch Freeway Commercial SPA’s Planned Community District Regulations (Ordinance No. 2016-3376) entitled and implemented the development Page 358 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 concept of the General Plan and Otay Ranch GDP for a transit-oriented, mixed-use project in the FC-2 District. In May 2019, a Third Addendum to the FEIR was approved by the City, adding 300 residential units to FC-2. The FC-2 District currently allows for a total of 900 dwellings, two hotels and 15,000 square feet of ground- floor retail. Proposed Amendments The Project site consists of 78.29 acres currently entitled for regional serving commercial uses. The proposed Project would rezone approximately 16.59 acres from Freeway Commercial (FC) to Mixed-Use/Residential (MU/R), reduce the entitled commercial space from 960,000 square feet to 816,000 square feet (a reduction of 144,000 square feet) and allow up to 840 dwelling units. The proposed amendments to the Otay Ranch Freeway Commercial SPA plan also include the following:  Redeveloping approximately 37,500 square feet of existing commercial area(s) within the Otay Ranch Town Center.  Providing approximately 2.56 usable parkland acres and an enhanced plaza space.  Extending Town Center Drive southward from Ring Road to the Otay Ranch Town Center, terminating at a new entry plaza.  Modifying internal streets in the northwest quadrant of the FC-1 District.  Closing a portion of Kestrel Falls Road adjacent to the Otay Ranch Town Center Food Pavilion to vehicular traffic. Chula Vista General Plan and Otay Ranch General Development Plan The Chula Vista General Plan designates the Project site for freeway-oriented commercial uses. In order to analyze the potential impact(s) of commercial land use conversion to other uses, the Developer contracted with HR&A Advisors, Inc. (“HR&A”) to prepare a Market and Commercial Lands Analysis report dated July 2023. The report provides an overview of the Southbay regional market, forecasts future demand for such uses, and calculates the City’s anticipated resultant fiscal surplus or deficit with the change of use (Attachment 5). This effort included a parcel-level examination of existing land that could potentially be developed for commercial uses based on current zoning and environmental and physical constraints. Key findings are summarized below:  Chula Vista and the Southbay boast a number of existing regional shopping centers that compete with the Otay Ranch Town Center. Numerous large format department store retailers are located within nine miles of the Project Site such as the Westfield Plaza Bonita, Chula Vista Center and other shopping centers. The Otay Ranch Town Center must also compete with outlet shopping at the United States-Mexico border which includes numerous specialty stores.  Online retail spending continues to grow, creating competition for traditional, large footprint, brick- and-mortar retailers in Otay Ranch. The total dollars spend in online sales have steadily increased over the last 10 years to $960,000 in 2021, which is more than four times online retail spending in 2011. Page 359 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 5  General merchandise and clothing and clothing and accessories are projected to have minimal demand across the next 28 years. While the Otay Ranch Town Center can capture 100,000 to 170,000 square feet of retail across the next 28 years, demand is highest for neighborhood uses such as grocery stores, liquor stores, restaurants and building materials. With the exception of restaurants, these types of retailers are not typically found in a regional shopping center.  Approximately 124 acres of Chula Vista’s vacant land is developable for future retail uses. Given the existing retail space in the City has an average floor-area ratio of 0.31, the City could accommodate approximately 1,890,500 square feet of new retail development. This includes the approximate 14 acres of vacant available land at Otay Ranch Town Center owned by the Developer.  Demand for multi-family residential is strong in Chula Vista. There is currently demand for over 1,700 market rate multi-family units each year. Over the next 20 years, this demand is projected to total approximately 37,300 units, cumulatively. The proposed amendments to the Otay Ranch GDP include updating the land use summary for the FC-1 area (Attachment 6). With its mixed-use zoning, proximity to good transit service and existing commercial developments, and good walking and cycling conditions, the proposed Project meets the criteria for high - density compact development. In accordance with General Plan Objective H3, “the provision of new housing opportunities within mixed-use areas and at higher density levels, particularly in transit focus areas and identified town centers, is encouraged. Mixed use and compact developments can result in easier access to goods and services, increased employment and business opportunities, and the creation of vibrant community places.” The proposed density increase will allow FC-1 to maximize its land use potential within walking range of the Otay Ranch BRT stop and ensures transit-supportive densities near the BRT line. Otay Ranch Town Center – Regional Serving Commercial Uses for Otay Ranch When the Otay Ranch Villages concept was created, the vision was to consolidate all regional serving commercial uses within the heart of the Otay Ranch Planned Community, located at the Otay Ranch Town Center. As each Otay Ranch Village was developed, supporting neighborhood serving commercial uses were built for future residents. There are future villages to be built in Otay Ranch that will continue to build neighborhood serving commercial space for future residents. The existing Freeway Commercial SPA allocates 960,000 square feet of commercial uses to the Otay Ranch Town Center. The existing mall is improved with 669,700 square feet. This leaves a balance of existing unbuilt entitled commercial space of 290,300 square feet for future mall expansion. Tonight’s action is requesting to remove 144,000 square feet of commercial space from the Otay Ranch Town Center to allow a maximum of 816,000 square feet. Should the project be approved, the 816,000 square feet of commercial space includes the existing mall space of 669,700 square feet, leaving 146,300 remaining of unbuilt commercial space for the Otay Ranch Town Center. The Project proposes a net loss of 144,000 square feet of regional serving commercial space within Otay Ranch Town Center. The removal of this regional serving commercial space would allow for the minimum of 435 residential units to be constructed, should the project be constructed in phases as outlined in the Development Agreement. Page 360 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 6 The City reviewed active business licenses issued in 2024 for the mall address at 2015 Birch Road. This search excludes Macy’s as that portion of the mall is not part of this project. Based on the information self- reported by businesses, the mall currently provides jobs for 1,511 people. The City hired Keyser Marston Associates (“KMA”) to perform an Economic Impact Analysis for the proposed reduction of 144,000 square feet of regional serving commercial uses from the Freeway Commercial SPA. KMA estimated the direct, indirect, and induced economic impacts of the existing scenario and the proposed project. The existing scenario is the current built mall with the remaining 290,300 square feet of commercial uses for future expansion. The additional analysis was necessary to understand the economic impacts related to jobs in the City, as the Applicant’s analysis did not address the potential loss of jobs associated with the implementation of the project. To summarize, in 2024 dollars, the proposed project would result in a total loss of 507 full-time equivalent (“FTE”) employees, $34.8 million in annual personal income and $128.9 million in annual ec onomic output within the San Diego County economy. The project would have a reoccurring annual impact resulting in a total loss of 398 FTE employees, $24.9 million in annual personal income and $90.5 million in economic output within the City’s economy. Additional details of the Economic Impact Analysis are found in Attachment 7 to this report. Otay Ranch Freeway Commercial SPA The existing Otay Ranch Freeway Commercial SPA Plan defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. However, the Project would amend the SPA Plan such that the Zoning Administrator is authorized to render decisions regarding Design Review permits for subsequent Project-specific developments (Attachments 8 and 9). The following appendices to the Freeway Commercial SPA would also be updated: Affordable Housing Program The Chula Vista General Plan Housing Element contains objectives, policies, and action programs to accomplish key affordable housing objectives. Key among these is the Affordable Housing Policy, which requires residential developments with fifty (50) or more residential units shall provide a minimum of ten percent (10%) of the total units for low and moderate-income households; one-half of these units (5% of the total Project) being designated for low-income, and the other half (5%) being designated for moderate- income households. Based on the entitlement authorizing up to 840 residential units in the FC-1 District, 42 low-income and 42 moderate-income affordable units would be required for a maximum density development. The Project may satisfy its affordable housing obligation through a combination of on-site and off-site units. The Applicant has volunteered to construct the affordable units on-site. It is anticipated that the residential units will be built in phases and the affordable units will be built and provided on a pro-rata basis, per phase, unless otherwise agreed to by both parties. The affordable housing obligation will be satisfied as provided for in the Affordable Housing Agreement that is reflected as Tentative Map condition No. 20, included in Attachment 12 of this report. The Affordable Housing Agreement will be required before the Final Map is recorded. Page 361 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 7 Air Quality Improvement Plan The purpose of the Air Quality Improvement Plan is to provide an analysis of air pollution impacts that would result from the proposed Project and demonstrate how its design reduces vehicle trips, maintains or improves traffic flow, reduces vehicle miles traveled (“VMT”), and/or reduces direct or indirect greenhouse gas (“GHG”) emissions. The proposed Project establishes a unified walkable mixed-use plan for the site. It is intended to enhance living, working, and shopping options in the area and take advantage of existing transit infrastructure. It would offer urban, smaller-scale living accommodations within walking distance to the already established shops, services, schools, entertainment, and dining, as well as a regional system of trails and open spaces. The proposed Project would not result in a significant number of new automobile trips above what was analyzed in the adopted FEIR. As demonstrated in the Project-specific traffic analysis, the proposed Project would generate fewer trips than the amount to which the Otay Ranch Town Center is currently entitled, therefore a VMT analysis was not required. The increase in housing units and associated vehicle source emissions is not anticipated to result in air quality impacts that were not envisioned in the growth projections and Regional Air Quality Strategy. Therefore, the increase in residential units with an associated lower VMT relative to commercial use, would not obstruct or impede implementation of local air quality plans. Design Plan The design plan prepared for the proposed Project intends to guide the design of sites, buildings, and landscapes within the Project to ensure that the quality of the design and architectural concepts established for the overall Otay Ranch community are maintained. The design plan identifies an architectural theme and delineates streetscape and landscape design, signage programs, and lighting guidelines consistent with that theme. Public Facilities Financing Plan The original Otay Ranch Freeway Commercial Public Facilities Financing Plan (“PFFP”) was adopted by the City Council on April 1, 2003 (City Council Resolution 2003-131), with several revisions over the past 20 years. As part of the proposed Project, the PFFP was amended to ensure that development of the Project is consistent with the overall goals and policies of the Chula Vista General Plan and the Otay Ranch GDP such that it will not adversely impact the City’s Quality of Life threshold standards (Attachment 10). Fiscal Impact Analysis The proposed Project includes a Fiscal Impact Analysis (“FIA”), the results of which meet the requirements of Chula Vista Municipal Code (“CVMC”) Section 19.09.040 and demonstrate that the proposed Project will generate a fiscal surplus in all years as further described below. The PFFP and FIA show that the proposed Project meets the regulatory documents’ growth management policy objectives (Attachment 11). Page 362 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 8 Non-Renewable Energy Conservation Plan Changes have been made to the Non-Renewable Energy Conservation Plan to reflect the changes in the Otay Ranch Freeway Commercial SPA plan and to Building and Energy Codes. None of the proposed changes result in changes to mitigation measures or thresholds established in the previous PFFP. Transportation Demand Management Program Transportation Demand Management (“TDM”) refers to programs and strategies intended to reduce traffic congestion during peak commuting periods by encouraging the use of transportation alternatives. The TDM program includes measures in the development review process to improve air quality, reduce GHG emissions, and encourage alternative means of transportation. The proposed Project is designed as a sustainable and pedestrian-friendly community incorporating internal complete street and walkable activity centers, mixing residential and commercial uses at a high density to allow walking as a feasible alternative to driving, and integrating with existing transit and active transportation infrastructure. The proposed Project is consistent with the City’s General Plan and the Otay Ranch GDP and furthers the goals of reducing vehicle trips through the provision of residential dwelling units near existing commercial services such as retail and grocery stores, restaurants, and hotels, as well as near public facilities like schools, parks, and transit stations. Water Conservation Plan The proposed Project includes an updated Water Conservation Plan that will be incorporated into its planning and design, meeting the requirements outlined in the Chula Vista Landscape Water Conservation Ordinance. The proposed Project is committed to being water efficient, using recycled water for irrigation and utilizing other water conservation devices and measures. The updated plan demonstrates the use of recycled water and other water conservation measures is expected to reduce potable water usage by 15 percent within the FC-1 District. Tentative Map The Project’s proposed Tentative Map (Attachment 12) identifies lot numbers, gross acreages, and land uses for each proposed lot in addition to allocating residential units. The map also provides notes for condominiums, waivers, etc. Street sections and layouts ensure implementation of the streets and pedestrian connections as envisioned in the SPA plan. The map identifies 19 lots for development, with up to 840 residential units across nine (9) lots, one (1) commercial lot, five (5) park lots, and private streets (four lots). The extension of Town Center Drive from Ring Road to the existing shopping center will establish an additional prominent entrance and is required to be constructed in the first phase of development. The proposed private streets will connect to other internal streets and enhance the circulation on the northwest quadrant of the shopping center. Page 363 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 9 Development Agreement A Development Agreement (“DA”) between the Applicant and the City is a part of the Project to allow the developer maximum flexibility to achieve the Project’s goal of 840 residential units (Attachment 13). The following items are contained in the proposed Development Agreement:  Allowance to entitle, permit, construct, and/or begin construction of the Project in three phases for a term of fifteen (15) years.  Phase 1 Residential Development trigger of the DA requires that grading activities commence within the first seven (7) years from the date of execution for the entire Phase 1 Development, which must include construction of a minimum of 100 residential units. If grading activities do not start by this time, the DA shall immediately and automatically terminate. Additionally, the City shall have the right to initiate a rezoning action to revert zoning for lots 1, 2, 3, 4, 5, 6 and 9 to Freeway Commercial (“FC”) zoning. If grading activities start within the first seven (7) years, then a five (5) year extension to the DA will be granted.  Phase 2 Residential Development trigger of the DA requires that no less than 435 residential units shall be fully entitled and permitted, with grading completed and vertical construction starting for the entire Phase 2 Development and have all of Phase 1 residential units completed construction and obtained Certificates of Occupancy, within twelve (12) years from the date of execution. If this is not achieved in 12 years, the DA shall immediately and automatically terminate. Additionally, the City shall have the right to initiate a rezoning action to revert zoning for lots 1, 2, 5, and H to FC zoning. Within 12 years, if the 435 residential units are fully entitled and permitted, with vertical construction starting on the entire Phase 2 Development, and all of Phase 1 residential units have completed construction and obtained Certificates of Occupancy, then a three (3) year extension to the DA will be granted.  Phase 3 Residential Development trigger of the DA requires that all 840 residential units be fully entitled and have all grading and building permits issued by the City within fifteen (15) years from the date of execution. If this is not achieved in 15 years, the DA shall immediately and automatically terminate. Additionally, the City shall have the right to initiate a rezoning action to revert zoning for lots 7 and 8 to FC zoning.  In accordance with CVMC Chapter 19.48.025, the Project requires a dedication of 3.01 acres for Community Purpose Facilities for a maximum of 840 units and 1.56 acres for a minimum density of 435 units. The Owner shall enter into a Community Purpose Facilities (“CPF”) Agreement with the City prior to recordation of the first Final Map for the Project, which can include potential options of following methods of alternative compliance to CVMC Section 19.48.025: o Provide excess of 10% affordable residential units based on the number of units built in the Project. o Provide indoor community space on the Mall Property at a ratio of 7,800 square feet of affordable CPF space per 1 acre of required community purpose facility obligation. The affordable CPF space would be provided an allowance for tenant improvements that would Page 364 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 10 result in a rent free space on the Mall Property. This conversion is based on FAR conversion using the below methodology: The existing center has approximately 670,000 square feet of commercial development. The Mall Property is 78.29 acres which equates to a FAR of 0.196. Applying this methodology equates to the below proposed indoor affordable CPF space square footage: Uses for this space would include but not be limited to services outlined in CVMC Chapter 19.48.025, or other uses as approved by the Director of Development Services, or their designee.  The Project is required to provide up to 6.57 usable acres of developed parkland for the maximum density of 840 multi-family residential units, based upon the persons per household factor established by the City’s Parklands and Public Facilities Ordinance, CVMC Chapter 17.10, of 2.61 persons per attached multi-family dwelling unit and 3.0 usable acres of park per 1,000 residents. If built in phases, the amount of parkland provided in each phase shall be proportional to the units built as indicated in the below chart.  The parkland obligation for the first 350 units developed as part of the Project shall be satisfied via the provision of on-site privately maintained parkland, which shall be open to the public, at a rate of 0.80 usable acres of parkland for every 100 residential units, as outlined in Column D in the above table. After construction of the 350th residential unit, the remaining parkland obligation of up to 4.01 usable acres will be satisfied via payment of in-lieu park benefit fees.  The park benefit fee amount is equal to the Parkland Acquisition and Development fees at the time of building permit issuance for any building permit for the Project. Park Lots E and F shall not be provided park development credit for existing park amenities and shall be required to pay the in-lieu development fees.  A Public Benefit Contribution of $5,000 per residential unit. 435 units 1.56 acres 0.196 13,319 sf 840 units 3.01 acres 0.196 25,699 sf Page 365 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 11 Compliance with Council Policy No. 400-02 (Public Participation) The Applicant held a community meeting on July 19, 2022, at the Otay Ranch Town Center, with City Staff in attendance. Over 30 members of the public attended the meeting. The Applicant provided a Project briefing and displayed exhibits showcasing the expanded plaza and additional park space. Community members asked questions related to the market status of the proposed dwelling units (i.e., for rent or sale), potential commercial uses, on-site vehicular circulation, noise, and schools. They expressed concerns regarding possible congestion, the replacement of existing commercial space, insufficient parking for the Otay Ranch Town Center after the proposed development, and lack of public infrastructure with the addition of the proposed residential units. Property owners and residents within 500 feet and homeowners’ associations within 1,500 feet of the Project site were notified of the meeting by US mail. CONCLUSION The Project proposes a net loss of 144,000 square feet of regional serving commercial space within Otay Ranch Town Center. The removal of this regional serving commercial space would allow for a minimum of 435 residential units and a maximum of 840 residential units to be constructed, should the project be constructed in phases as outlined in the Development Agreement. Should the Council want to approve the project, the action would be to adopt Resolution A, Ordinances B, C and D. Should the Council want to deny the project, the action would be to adopt Resolution E. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All costs to process this request are borne by the Applicant, resulting in no current-year fiscal impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT The adjusted fiscal impact model prepared for the proposed Project analyzed 840 residential units and the reduction of the total entitled commercial space for the Otay Ranch Freeway Commercial SPA from 960,000 square feet (Base Scenario) to 816,000 square feet (Proposed Scenario). Based on the adjusted model, the proposed Project is estimated to generate between approximately $523,000 and $2,846,000 per year in net Page 366 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 12 municipal revenues during the first 20 years of operation and a cumulative net revenue of approximately $38,435,000 over the same period. The Project is projected to generate a positive annual net fiscal impact across the 20-year period, with an annual net fiscal impact of $137,628 in Year 20 (build-out). The below table, prepared by HR&A in 2023, shows the difference between the annual net fiscal impacts of two scenarios. Fiscal Impacts (Annual) Year 5 Year 10 Year 15 Year 20 Base Scenario $27,119 $125,426 $124,858 $169,872 Proposed Scenario $261,336 $292,486 $298,415 $307,500 Net Annual Fiscal Impact $234,217 $167,062 $173,557 $137,628 ATTACHMENTS 1. Fourth Addendum to FEIR 02-04 and Technical Reports 2. Planning Commission Resolution No. 2024-12, dated September 25, 2024 3. Planning Commission electronic public comments 4. Location Map 5. Otay Ranch Town Center Market and Commercial Lands Analysis Report, prepared by HR&A, dated July 2023 6. General Plan and Otay Ranch General Development Plan Amendments a. General Plan/Sectional Planning Area Consistency Analysis 7. Jobs Analysis prepared by KMA 8. Freeway Commercial South Sectional Planning Area Amendment and Appendices 9. Freeway Commercial South Planned Community District Regulations 10. Public Facilities Financing Plan 11. Fiscal Impact Analysis 12. Tentative Map 13. Development Agreement 14. Issues Response Matrix to Community Meeting Comments 15. Disclosure Statement Staff Contact: Arturo Ortuño, Senior Planner, Development Services Desmond Corley, AICP, Principal Planner, Development Services D. Todd Philips, Ed.D., Planning Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 367 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City Council Staff Report 24-0233: Freeway Commercial SPA Staff Report Attachments Attachments # 1, 4, 5, 6, and 8-15: https://cvapps.chulavistaca.gov/WebLink/browse.aspx?startid=257820 Page 368 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RESOLUTION NO. 2024-12 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CERTIFICATION OF A FOURTH ADDENDUM (IS22-0002) TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (FEIR 02-04) AND APPROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA22-0001); THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDPA22-0001); THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND OTHER ASSOCIATED REGULATORY DOCUMENTS (SPA22-0001); A ZONE CHANGE (ZC22-0001); THE TENTATIVE MAP (TM22-0002); AND DEVELOPMENT AGREEMENT WHEREAS, the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS, on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, City staff recommended that the City Planning Commission take action on the approval and certification of the Fourth Addendum to FEIR 02-04, approval and process Docusign Envelope ID: 762DF458-E622-4B75-AA5B-EB2F16EE3091 Page 369 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No.2024-12 Page No. 2 amendments to the General Plan, Otay Ranch GDP, and Otay Ranch Freeway Commercial SPA Plan relating to the Project, and approval and process of a Zone Change, Tentative Map, and Development Agreement; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby recommends that the City Council of the City of Chula Vista consider a Resolution approving and certifying the Fourth Addendum to FEIR 02-04 (IS22-0002); and amending the General Plan (GPA22-0001), Otay Ranch GDP (GDPA22-0001), and Otay Ranch Freeway Commercial SPA Plan (SPA22-0001); approving the Tentative Map (TM22-0002); approving the Development Agreement; adopting an Ordinance amending the Otay Ranch Freeway Commercial Planned Community District Regulations; and adopting an Ordinance approving the proposed Zone Change. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 762DF458-E622-4B75-AA5B-EB2F16EE3091 Page 370 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. 2024-12 Page No. 3 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 25th day of September 2024, by the following vote: AYES: Commissioners: Burroughs, Combs, Felber, Leal, Sanfilippo, Torres, and De La Rosa NOES: Commissioners: None ABSENT: Commissioners: None ___________________________ Michael De La Rosa, Chair ATTEST: _______________________ Mariluz Zepeda, Secretary Docusign Envelope ID: 762DF458-E622-4B75-AA5B-EB2F16EE3091 For Page 371 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 372 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 373 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Olympic Parkway may result degraded air quality in the form of carbon monoxide hot spots. Combined with the potential to eliminate the 125 toll road, additional auto trips on the adjacent freeway along with trips generated to the Otay Ranch Mall and new residential units would negatively impact the current residents of these communities from a Greenhouse Gas and Air Quality perspective. Please consider these effects to the neighborhood and the families who reside here. Denying the project applications is an opportunity to make new development in the City of Chula Vista more sustainable for current and future residents who choose to live here. Thanks for your consideration. John Alabado Page 374 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communication - Received 09/24/24 Item No. 6.1 - Flores Page 375 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 376 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 377 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 378 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 379 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 380 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Thank you for your time and consideration. Sincerely, Baldwin & Sons, LLC Nick Lee, PE Chief Operating Officer Page 381 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 382 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 As for the specific project, there is mention of changes to Kestrel Falls Rd, a street a few blocks from where I live and a street that many in the Windingwalk community take to make a right turn onto Eastlake Pkwy to go to work each morning. However, this intersection is poorly planned and causes unnecessary delays to the working people of Windingwalk. In the image attached below you can see there are two lanes going west on Kestrel Falls (pointing towards the Otay Ranch Town Center): one is a dedicated left turn onto Eastlake Pkwy and another is a shared straight-through and right-turn lane (onto Eastlake Pkwy). This is a poor design because it takes just one car wanting to go straight through to the Otay Ranch Center to make all the cars behind wanting to make a right turn wait unnecessarily for a green that usually takes 5 minutes to come; this happens when the intersecting MTS Rapid 225 bus is passing through and prevents the green light to Kestrel Falls from coming on. If the city modifies these lanes as in the proposed image below, making the right lane a dedicated right-turn late and the left lane be the shared straight-through and left-turn lane, it would greatly affect traffic in a positive way. Both the left turn and straight-through traffic need the green line--the right turn lane does not, and cars there can carefully make a right turn without having to wait for cars in front trying to go straight. Page 383 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 One additional change that can be made to Kestrel Falls pedestrian traffic that already exists at the Birch Rd intersections to the Otay Ranch Town Center is to suppress one side of the pedestrian crossing. As a resident of Windingwalk that needs to make a left turn onto Kestrel Falls coming south on Eastlake Pkwy, it is extremely frustrating to have pedestrians use both sides of the crossing, especially when combined with the MTS Rapid 225 taking over the traffic lights and delaying traffic even more. Keeping only the south pedestrian traffic on Kestrel Falls and traffic will improve while people still have a viable crossing path to and from the Otay Ranch Center (see image below). I hope the city listens to our concerns as we have to suffer the day to day obstacles of living in east Chula Vista, including the poorly planned traffic lights along Olympic Pkwy causing constant and unnecessary stop-and-go traffic just trying to reach the 805 freeway at any time of the day. This is only going to get Page 384 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 worse with more housing developments in the area, including the almost finished housing up the hill between Heritage Rd and Brandywine. I would appreciate a response from the city regarding my concerns. Oscar Romero Page 385 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 386 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Our community lacks sufficient public services to support further growth. The area is underserved in terms of police stations, hospitals, and urgent care resources. Without improving these services, we cannot handle a significant increase in population. This will place a strain on emergency services, potentially leading to delays in critical care. ### 3. **Parking Shortages** New developments consistently fail to provide adequate parking. Families today often have more than one car, yet developers are not accounting for this in their plans. The resulting parking shortages will create unnecessary tension and inconvenience for current and future residents. ### 4. **Overpopulation and Burden on Local Resources** With multiple ongoing construction projects nearby, adding more housing will lead to overpopulation and a severe burden on local resources. Our community is in dire need of more commercial spaces, public parks, and transportation infrastructure, not additional housing developments that are stretching resources thin. ### 5. **Loss of Outdoor Space for Children** This new development will eliminate outdoor play and recreation areas for children at the mall daycare center. Our community’s children need spaces to play and grow, and we must protect these areas from overdevelopment. ### 6. **Insufficient Freeway Infrastructure** The current freeway infrastructure cannot support the anticipated increase in traffic. As a daily user of these roads, I’ve observed traffic worsening, particularly during peak hours. The 54 freeway is increasingly congested, and access to the 125 toll road is not a viable option for many. The nearest alternative, the 805 freeway, is already difficult to reach due to heavy traffic on local streets. Without significant upgrades to our freeway system, traffic congestion will continue to spiral out of control. ### 7. **Strain on Community Resources** Developers continue to build without addressing the high demand for already impacted resources like public services and transportation. Our community is reaching a breaking point. Without thoughtful planning and remediation, new developments will only create more problems for current and future residents. ### 8. **Prioritizing Profits Over People** These developments seem to prioritize the interests of profit-driven developers rather than the well-being of our community. I urge you to oppose this proposal and advocate for more thoughtful, community-focused development. --- **What We Need Instead:** - Investment in **public parks** and green spaces for families and children. - Improvements in **public transportation** to ease the burden on our roadways. - More **commercial spaces** to enhance local businesses and create jobs. - Thoughtful development that takes into account the existing needs of the community. Page 387 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda --- Please stand with the community and oppose this proposal. Let's focus on building a sustainable, livable environment for all of us—one that prioritizes people over profits. Sincerely, Stephanie Ewest Sent from my iPhone Page 388 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 389 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 390 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 391 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 392 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Sincerely, Chalee Pongkan Cesar Giacumbo Page 393 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda From: To: Subject: Date: Melissa Nieves-Rainey Planning Commission NO to more apartments at Otay Ranch Wednesday, September 25, 2024 8:49:33 AM I You don't often get email from I eaco why this is important Written Communication -Received 09/25/24 Item No. 6.1 - Nieves-Rainey \VAR�ING -This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confinn the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to repo11phishing@chulavistaca.gov I have lived here for 8 years and during this time, the increased building in the Otay Ranch and Millenia area, while beneficial to a ce1iain point, has reached the end of their benefits. We do not have a need for more housing, we have a need for AMENITIES and infrastructure to suppo1i housing. We do not have enough schools, groce1y options, or police to support the increased number ofresidents. We do not even have a large libraiy in Eastlake! :( It's tiuly despicable. Another concern is Eastlake' s notorious reputation of poor ti·affic conh'ol and accidents/incidents. Fmiher contesting our sti·eets puts our residents at more risk. As it is we have less than 15 pati·ol cars for all of Chula Vista. We need to prioritize meeting the safety and logistical needs of our residents FIRST AND FOREMOST. Melissa Nieves-Rainey, M.S. Page 394 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Meeting Type Meeting Date Agenda Item Name Position Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06) YIMBY Democrats of San Diego County On behalf of the YIMBY Democrats of San Diego County, please accept our comments in support of Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. The YIMBY Democrats of San Diego County are dedicated to growing sustainable housing opportunities in the communities where we live. In addition to developing more affordable and market-rate housing to increase the supply of housing, we believe in prioritizing infill development near transit and employment centers with the goal of increasing our housing supply, leveraging our urban environments, protecting our natural resources and advancing economic inclusion and opportunity for all. We have also committed ourselves to reversing the historic patterns of segregation that still affect our city. This rezone will allow more much needed housing to be built, furthering increasing the region's housing supply.Support Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Zoltan Csontos As a home owner at the neighbouring Suwerte apartments, I oppose the intent to rezone the existing soccer academy to build 840 residential units. One of the reasons behind my opposing position is that the identified primary access to the 2 existing apartment complexes (Allay & Suwerte, Enclave) via Town Center Drive is already massively congested every day, especially during mornings and is definitely not ready for thousands of additional cars. There is also a hotel under construction which will already increase the existing traffic. The second reason is that we have already thousands of new apartments around the Town Center community which are half empty. The community needs playgrounds, green areas and places for sporting opportunities for our children. The existing soccer academy is a great addition to our neighborhood. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Daniel Lopez I'm a resident that lives near the project area and I strongly oppose this proposal. Over the past couple of years, there has been a high amount of new developments in the area that have increased traffic, pollution, noise, and crime among many other inconveniences in the area. Traffic is already a nightmare; we don't have enough public transportation, grocery stores, gas stations, or public schools. Developers keep building housing developments without remediating high demand for already impacted resources in our community. Please oppose this proposal from greedy characters that value profit over people. Please save our communities and invest in public spaces instead. We need parks and public transportation, not more unplanned developments. Thank you! Oppose Page 395 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Laura Humphreys We are in need of more housing solutions to deal with the lack of available housing options in our community. This development will provide much needed housing and make good use of available space.- Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Kayla Hollopeter I strongly oppose this proposition as unplanned projects like this don't take into account parking, traffic, and the welfare of current residents. Crime has drastically increased with the new constructions and transit systems. The construction on the roads has already been a major annoyance and strain on traffic. Please reconsider and care for our current residents.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Jennifer Mahoney Otay Ranch cannot sustain properly without infrastructure. We have 4 gas stations, 3 grocery stores, 2 public high schools that are already over populated and no dedicated middle school to Otay Ranch. Adding more units is going to congest the area even more. Additionally, those soccer fields provide a pathway for enrichment for youth, the daycare center is a necessity for families with young children. Furthermore, with town center drive being identified as the access point, how can safety be guaranteed in the event of an emergency? Ex. The mall recently had an open shooter. If its congested, how can people safely egress while also accommodating first responders? Rather than build those units, why not put those funds towards a community center designed with community enrichment in mind? CV Leaders, you have a duty to your constituents and it will be irresponsible to add those additional units. Oppose Page 396 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Daniel Guerrero I strongly oppose the development of more residential buildings in this area, especially considering the significant impact it will have on our community. Increasing traffic on Town Center Drive, which is already a bottleneck with only one lane in each direction, is not sustainable. Were already dealing with heavy congestion due to the new hotel and the recently approved apartments. Adding another 840 units will only make the situation worse, leading to longer commutes, potential safety hazards, and a decrease in overall quality of life for those of us who live here. Moreover, taking away spaces like the soccer field and daycare playground will negatively impact the families and children who rely on these amenities. These are vital areas for recreation and community engagement, and their removal would significantly diminish the livability of our neighborhood. We need to prioritize the needs of the existing community rather than continuing to overdevelop the area. More houses and apartments arent the solution; protecting our shared spaces and preventing further traffic congestion should be the focus. Lets preserve what makes this neighborhood livable and not let it become overrun by unnecessary development. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Danielle ward While I am aware of the need for more housing overall, there needs to be proper planning in order to make the additional apartment complex viable for the area. The Town Center Road was built with the mall and only the mall in mind. It is not set up to accommodate the additional traffic an 850 apartment complex would bring. There is already huge congestion on both sides of the mall. Plus, for the new families who have/are moving into the surrounding new condos/apts as well as the larger homeowning community, the mall space is vital for community building and offers an opportunity for using the space for overall recreation and community building instead. Oppose Page 397 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Jeritt Tucker I am writing to express my concern regarding the proposed development of 840 residential units at Otay Ranch Mall. While I understand the need for growth, this development, as planned, could severely impact our community in terms of traffic congestion and infrastructure strain. Town Center Drive is already a heavily trafficked area, and using it as the primary access point for this new development could exacerbate congestion. The fact that it's essentially a single-lane road both ways makes it even more unsuitable for the expected increase in vehicles. This will undoubtedly lead to longer commute times and heightened safety concerns for pedestrians, cyclists, and families in the area. Furthermore, the removal of the existing soccer field and playground would take away important recreational spaces that contribute to the well-being of our families and children. In a rapidly growing community like ours, it's crucial that we prioritize green spaces and ensure that new developments don't come at the expense of current residents quality of life. I urge the board to reconsider the impact this development would have on traffic, community resources, and the overall livability of the area. Instead of moving forward without adjustments, perhaps alternative solutionssuch as better traffic planning or preserving more of the existing recreational spacecould be considered. Thank you for your attention to this matter.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS leonardo gomez there is too many residential areas, traffic has become impossible in this part of town!! we do not need more residential areas, much less ones taking over a VERY popular area that is the soccer fields at the mall.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Ivanna Martinez The last thing we need in this community is more residential areas! There is enough traffic as is, I cant imagine what it would be like with more homes. This not only means more traffic, but less opportunity for jobs for those that already live here, schools even more packed than they already are, the list goes on. Instead, we need more gathering spaces, recreational areas, commercial use, anything except more houses! This is an opportunity to make otay ranch mall bigger than what it already is!!! Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Brianna Arroyo We do not need more apartments. Build another middle & high school. Otay ranch town center is one of the only places that East Chula Vista has to go and socialize. adding apartments will ruin that. Oppose Page 398 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Emmanuel Becerra I strongly oppose the proposed development at Otay Ranch Mall. The conversion of valuable community spaces, such as the soccer field and daycare playground, to high-density residential units will have a detrimental impact on the surrounding area. This will significantly worsen traffic congestion, particularly with Town Center Drive serving as the main access point, which is entirely inadequate for such a large influx of residents. The infrastructure cannot support this scale of development, especially considering the ongoing construction of additional residential and hotel units nearby. This proposal is reckless and will negatively affect the quality of life for current residents. I urge the board to reject this plan.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Karl Ong In my opinion, replacing the soccer field with a residential building is a grave mistake. Not only it will increase traffic but also robs the youth of playing sports that enhances their quality of life. Were also losing a good view in the morning. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Jillian Hines Please stop building in Otay Lake area!!! So many people and issues with traffic, accidents because of the over population, and the over populated schools and all the issues that come with that. Eastlake its becoming a dumpster fire with swishing in more apartments and hotels. Enough is enough. Please stop with the money grabs and ruining the quality of life of those that have lived here for years. Think about the future and the water issues we already have and the lack of grocery stores were need for your planned Expansion. Eastlake has become Lego land of homes and cheaply built apartments. Or kids will suffer with overcrowding in schools and end up with issues from lack of staffing and services. And who wants to drive 15 min in 2 mines with all the traffic. We need more grocery stores or a Costco on that side of town with all the construction already in progress. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Eva Gammon Please reconsider this . We do not need more apartments and taking away the soccer field is a disgrace. You are destroying Eastlake and every thing we love about it little by little . We and a lot of people I know are actually considering moving out . Shame on you Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Alexis Hodnett Please do not build anymore apartments in the area. Crime has been on a rise and traffic is already bad as it is. Oppose Page 399 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Sabrina Cortell As a resident who lives in this area, I oppose the building of additional residential/apartment/townhome complexes without addressing the traffic, parking, lack of middle schools and increased crime in our community. We have lived in this community for over 25 years and are very concerned with the out of control growth and lack of planning taking place. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Christina Pajimola I live within walking distance of this space, and having seen the impact of all the new housing WITHOUT appropriate infrastructure being available, I highly oppose the addition of new housing. Especially in this manner (removing actively utilized outdoor space), to add thousands of more people to the area, further overcrowding of our schools, putting more pressure on law enforcement and other social services. A new middle school should be more of a priority so parents dont feel a need to utilize private middle schools in- between public elementary and high schools.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Celina Davis Adding More apartment structures in the Otay area is going to create more traffic, crime, and congestion. The area is already increasing in crime and accidents are occurring almost daily. Schools or more shopping stores are needed rather than adding apartments. Parking is extremely limited as it is. It makes absolutely no sense to continue adding apartments.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Mariana The increase in these residential apartment buildings not only has impacted traffic, but it has severely impacted existing residents who have been living here for 30 years. Crime, including shootings, stabbings, and burglaries, has significantly risen since those new apartment residential buildings throughout Otay and Eastlake have opened. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS ilse Building more apartments and housing not only causes more traffic and congestion but it also raises the crime that is already so high in this area. 2 years ago before any of the apartments were built in the otay ranch area and millennia there was no crime, now it has skyrocketed! Bringing more apartments here will double the crime rate. Do not build!Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Alayna Maldonado Since moving to Eastlake 7 years ago, Ive seen the traffic and overcrowding effects of too many housing developments in the Otay Ranch mall area. Additional housing in the area will bring unnecessary traffic and noise followed by additional safety concerns. This was meant to be a suburban area. Oppose Page 400 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Blanca cancino I have been in this community for 49 years , I seen the growth of East Chula Vista . Recently the over construction of apartments and hotels is making impossible for regular traffic, In addition , in the pay months so many accidents and also crime , I dont feel the subirás of chula vista are safe anymore . So many people , overcrowded schools to the point I dont trust the education method , I had to put my son in private school. It is not fair we paid high taxes , and too little schools to send our kids with moderate size classrooms . We dont need more housing and specially section 8 . Thanks in advance to hear me. Blanca Cancino Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Griselda Bautista I oppose to this, traffic already is very bad. Ive lived in this area the past 24 years and now it takes almost triple the time to drive to a store. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Monica Espindola With the many new housing developments in the area, I don't understand why this one is needed. This seems like unsustainable over development. Let's work on improving and sustaining what we currently have.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Melanie Phillips I have lived here for 15 years and have seen many changes. A lot of the changes have not been good. We are way over crowded. Our streets are too narrow, not big enough to handle the people we have now. Not too mention all the red light runners there are in this community. It is scary driving knowing that there is a high chance someone will run the red light. Schools are impacted. The school district couldn't even keep up with the development of our neighborhoods 15 years ago. People in general have become more impatient, greedy and selfish. Adding more housing will not remedy any of these issues. It will just be adding to the chaos we have made already. We need to work on becoming more of a community that helps eachother rather then letting greedy developers take over. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Jennifer STOP RUINING OUR COMMUNITY!!! Youre going to steal a soccer field, a playground, and a daycare from children & parents, to make room for more apartments?!?! It makes absolutely zero sense to put affordable housing next to an expensive shopping mall, but common sense me doesnt run very strong these days! AGAIN, STOP RUINING OUR COMMUNITY!!!!!!Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Dina Abu-Qaoud I oppose building more apartments in the Otay ranch center mall. The area is already congested with several apartments and those still being built. The Otay ranch mall area should still be a community area and support our youth with the soccer field and daycare playground. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Ginny Caballero The main reason to not approve this is for our schools. It's ridiculous that all of the students at Eastlake can't even fit into the gym there. They can't all participate in school functions because there's no room! Also traffic is getting worse and with adding more places to live means more people on the roads. Oppose Page 401 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Jennifer We dont need more housing, we need more infrastructure to support our community. Stop building without plans to navigate the congestion Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Jayne M Rezoning Otay Ranch Center goes against the reason I moved here and invested in this community. I wanted to shop with my family within the community. The mall was a safe, uncrowded place to share with the entire community. I took my children to library toddler events, watched them on the splash pad, watch soccer matches, and go into stores without worry. Instead of money going into new housing investments, investment should focus on making the mall successful and safe. The proposal to remove commercial areas in favor of mixed use takes the appeal of the mall non-existent. The mall is becoming more of a perk of the renters who will live there, instead of the whole community as a whole. It is becoming worrisome to take my family there as it is and will only get worse if this gets approved.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Michelle Traffic is already impacted by new development in the area. These units are not affordable.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Kimberly P. 1. Keep the soccer field in tact. SO many of our children and adults in the community use it for recreational exercise and fun. 2. We dont have the infrastructure to keep up with all of this multi-family building. Police stations, schools, roads, etc. are desperately needed in our area before anything else should be built. 3. Speaking of whichwhat ARE your plans for more infrastructure? Please advise. Thank you. Oppose Page 402 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS sophia this is absolutely ridiculous. this neighborhood has been and was supposed to be a small and safe community but with the development of these new buildings and apartments it is becoming one of the most unsafe communities. ever since the new apartments in otay ranch were built, there are endless amounts of complaints on the neighbors app, shootings, theft, etc. it is very disappointing that hundreds of residents including myself pay high rent for a place that is just going downhill. besides the crime rates increasing, traffic is already unbearable as is. in case of an emergency people are going to be stuck in traffic in the one lane roads trying to get out. i strongly disagree with the idea of expanding this neighborhood it is absolutely insane. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Janette Marquez As a resident of the neighboring Suwerte Apartments, I strongly oppose the proposed building of 840 residential units. While I recognize the importance of addressing housing needs, this development presents significant challenges that have not been adequately addressed. The infrastructure around Town Center Drive is already overwhelmed, with daily congestion that will only worsen with the influx of additional traffic. This unchecked growth threatens not only traffic flow but the overall quality of life for current residents. Moreover, the decision to eliminate a vital green space contradicts Chula Vistas commitment to sustainability. The soccer academy and surrounding open areas serve as crucial spaces for recreation, community-building, and promoting public health. Removing these spaces in favor of more high-density housing overlooks the broader environmental impact and neglects the needs of current residents. Studies show that access to green spaces contributes to both physical and mental well-being, which is why preserving these spaces is in the best interest of the community. Instead of rushing into further development, we should be focusing on maximizing the value of the existing infrastructure and ensuring that growth is both sustainable and thoughtful. Thoughtful development can address housing needs without compromising the communitys quality of life or sacrificing critical green spaces.Oppose Page 403 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Janette Marquez As a resident of the neighboring Suwerte Apartments, I strongly oppose the proposed building of 840 residential units. While I recognize the importance of addressing housing needs, this development presents significant challenges that have not been adequately addressed. The infrastructure around Town Center Drive is already overwhelmed, with daily congestion that will only worsen with the influx of additional traffic. This unchecked growth threatens not only traffic flow but the overall quality of life for current residents. Moreover, the decision to eliminate a vital green space contradicts Chula Vistas commitment to sustainability. The soccer academy and surrounding open areas serve as crucial spaces for recreation, community-building, and promoting public health. Removing these spaces in favor of more high-density housing overlooks the broader environmental impact and neglects the needs of current residents. Studies show that access to green spaces contributes to both physical and mental well-being, which is why preserving these spaces is in the best interest of the community. Instead of rushing into further development, we should be focusing on maximizing the value of the existing infrastructure and ensuring that growth is both sustainable and thoughtful. Thoughtful development can address housing needs without compromising the communitys quality of life or sacrificing critical green spaces.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Michael P We have enough apartments in our area. We have no middle schools and our elementary schools are being over crowded. We need a better infrastructure before we start adding more housing everywhere. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Aldara We have too much housing in the area which has caused increased traffic, overcrowded schools, and not enough law enforcement in the area. I think we should focus on schools first before trying to build more apartments. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Beth Lagdamen Oppose! There is already over crowding. We bought a home 19 years ago and have seen how badly the neighborhood has degraded! Increased crime, lack of police presence, accidents everyday. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Heather Jones No more housing squeezed into an area that is already difficult to get in and out of. Removing the playground and soccer area takes away opportunities for our youth to spend time outdoors. Oppose Page 404 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Maria Where is the infrastructure for this? That area is already overcrowded. God forbid The area needed to be evacuated quickly Good luck with that one-way road out. Infrastructure needs to keep up with population growth. Schools, Police Stations. Etc. Also, lets think of the kids and all residents for that matter. Otay Ranch has already converted many of originally proposed single-family homes to apartments and condominiums, which do not provide outdoor space or backyards. Eliminating this space for the community to have is ridiculous. Where is Chula Vistas Commitment to parks, and sustainability? Anyone approving this is simply doing it for financial reasons. Space alone is not a reason to build apartments. There needs to be a lot more consideration, put into our community and our elected leaders have not been doing that. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Bridie Burgon As an Eastlake resident I strongly oppose changing parts of the usage of Otay Ranch to residential. The soccer fields are used everyday for youth through adult leagues. The new housing that have been built in the past 10 years have so little yard space that keeping this soccer field for residents is needed. Adding an additional 800 housing units in an already compacted space will create traffic backlogs, parking nightmares, and impacts to the currently overcrowded high school and middle school. Please reconsider this development project. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Kari Gorski As a local resident of Otay Ranch, our resources are already stretched thin both in regards to emergency services and utility services. Increased multi unit housing will only stretch those resources further as well as increase traffic concerns and crime rates within the area as our police services are not equiped to deal with the exponential growth in the area. Our public school system is already at capacity and crime rates in the area (including specifically the Otay Ranch Town Center Mall) have rapidly increased as the apartments nearby have become occupied.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Lyn No more apartments please! We have more than enough. Instead concentrate on building more stores, restaurants, parks, community centers, and schools. Were in great need of another middle school! Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Eileen M. I strongly oppose! This area is already extremely crowded and traffic is bad. Parking is horrible. Our schools are so overcrowded. STOP ALREADY!!Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Zabrina Fong We do not need anymore apartments in our area. We need more police and more schools for the population we already have.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Peggy Ratner Strongly oppose. Lack of Middle Schools and High Schools to support such a dramatic population increase along with all the other comments already mentioned need to be taken into account to stop this project - Page 405 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Celeste No more new development please!!! Crime is up enough! We pay too much to have our area ruined by ugly buildings, traffic, and crime.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)dennise gonzalez Dear Board Members and Council Chambers for Chula Vista, We as a community would like to voice our concern and complaint towards the proposed expansion of housing in our community, Chula Vista/Otay Ranch/Otay Ranch Town Center/Eastlake. This plan threatens the positive character and well-being of our neighborhood, and WE strongly oppose it. The impact of recent increased housing density has strained and will continue to strain our resources, roads, integrity, and diminish the quality of life for us, the existing and established residents. We as a community do NOT seek any further infrastructure.This is not what we desire as a community. We want to preserve the character of our community even if that means forgoing the construction of more houses, schools, and stores. These future expansion projects do not reflect a vision for the benefit of future generations. It completely ignores the concerns and desires of our community. By prioritizing infrastructural developments over our values, we risk losing the beauty and the elements we fell in love with this community when we first established here. Every decision you make affects the lives of those who have invested their hard earned time and money into this community. Our focus and yours as council members should be on enhancing our current environment and community, not compromising it with unwanted expansion/development. I urge you to listen to our concerns and reconsider this expansion. Our community deserves better.Oppose Page 406 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Planning Commission - Regular Meeting 9/25/2024 18:00 Rezoning the Northwestern Quadrant of the Otay Ranch Town Center Shopping Mall From Commercial to Mixed-Use Residential. Located at 2015 Birch Road (APNs 643-061-01, - 02, -04, -05, and -06)Mark Ewest I am writing to oppose the proposed residential project at Otay Ranch Mall. This development poses significant risk to my family, immediate community, and to the larger Otay Ranch community. Direct Impact on My Family: My windows face the proposed site, the construction phase will directly disrupt my familys daily life. The noise, dust, and increased traffic will create an uncomfortable living environment, especially if we decide to have children in the immediate future. Traffic Concerns: The proposal anticipates adding at least 840 vehicles, which will severely strain our primary access point, Town Center Drive. This road is essentially one lane in both directions, except at traffic lights. The increased congestion will pose safety hazards and make it difficult for residents to navigate the area as well as for the public school bus drop off point being on that street. Loss of Recreational Space: The project plans to remove a soccer field and the playground. These spaces are vital for our children. Impact on Public Safety: The construction and the added residential units will further congest an already busy Toll Road during peak hours. This not only affects daily commuters but also hampers emergency response times, creating a significant risk for residents. Call for Reevaluation: I urge the board to reconsider this proposal. Development should prioritize public and recreational spaces that enhance community well-being rather than simply increasing residential capacity.Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Claudia A Please dont approve more housing in the area of Otay Ranch Mall. Put our tax money and plan better our city. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Bill S I greatly oppose the building of additional apartments in this location. The road infrastructure in that area is not able to support more people. This would be an absolute nightmare for our community, and would add additional traffic, and accompanying risk factors for motorists and residents. Oppose Planning Commission - Regular Meeting 9/25/2024 18:00 PUBLIC COMMENTS Rita Paladino We dont need more apartments in Otay Ranch Mall!! totally against it. Please reconsider. As it is traffic is a nightmare. Oppose Page 407 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 555 W. BEECH STREET, SUITE 460  SAN DIEGO, CALIFORNIA 92101  PHONE 619.718.9500 24094.kal WWW.KEYSERMARSTON.COM 11216.025.001 ADVISORS IN: REAL ESTATE AFFORDABLE HOUSING ECONOMIC DEVELOPMENT BERKELEY DEBBIE M. KERN DAVID DOEZEMA LOS ANGELES KATHLEEN H. HEAD KEVIN E. ENGSTROM JULIE L. ROMEY TIM BRETZ SAN DIEGO PAUL C. MARRA LINNIE A. GAVINO EMERITUS A. JERRY KEYSER TIMOTHY C. KELLY MEMORANDUM To: Laura C. Black, AICP, Director of Development Services City of Chula Vista From: KEYSER MARSTON ASSOCIATES, INC. Date: November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis I. INTRODUCTION The City of Chula Vista (City) has requested that Keyser Marston Associates, Inc. (KMA) estimate the economic impacts associated with a proposed rezone of 16.59 acres (Project Site) within the Otay Ranch Town Center (Town Center Site). As background, Brookfield Properties (Applicant) proposes to rezone the Site from Freeway Commercial (FC 1) to Mixed-Use/Residential (MU/R) as shown in Exhibit I-1. The Town Center Site is entitled for 960,000 square feet (SF) of commercial uses (Existing Scenario). The Applicant proposes to reduce the Town Center Site’s commercial entitlement to 816,000 SF and allow for up to 840 residential units, with a minimum of 435 residential units (Proposed Scenario) as outlined in the proposed Development Agreement currently under consideration by the City and Applicant. Exhibit I-1: Project Site Plan Page 408 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 2 24094kal 11216.025.001 In response to the City’s request, KMA evaluated the economic impacts (employment, personal income, and economic output) of the ongoing permanent operations of the Existing Scenario and Proposed Scenario at buildout. Table I-1 below presents the key project components of each scenario. As shown, the Existing Scenario contains 669,700 SF of existing built commercial with 290,300 SF remaining commercial SF to be built. By comparison, the Proposed Project contains 669,700 SF of existing built commercial with 146,300 SF remaining commercial SF to be built. The Proposed Scenario reduces the remaining commercial SF in order to develop a minimum of 435 residential units. More detail regarding the key project components and estimated employment is presented in Appendix A. Table I-1: Project Components by Scenario (1) Existing Scenario Proposed Scenario Difference - Gain/(Loss) I. Site Area A. Freeway Commercial 78.29 Acres 59.14 Acres (19.15) Acres B. Residential Mixed-Use 0.00 Acres 16.59 Acres 16.59 Acres C. Public Park (Useable Park Area) 0.00 Acres 2.56 Acres 2.56 Acres D. Total 78.29 Acres 78.29 Acres 0.00 Acres II. Gross Building Area (GBA) A. Freeway Commercial Existing Built 669,700 SF 669,700 SF 0 SF Remaining 290,300 SF 146,300 SF (144,000) SF Total 960,000 SF 816,000 SF (144,000) SF B. Residential Mixed-Use 0 Units Minimum of 435 Units Minimum of 435 Units (1) Source: City of Chula Vista, Planning Commission Staff Report and supporting documents, September 25, 2024. For the purposes of this economic impact analysis, “Employment” is the total number of full-time equivalent jobs generated by the development of each scenario. “Personal Income” refers to the total gross wage and salary income, including the value of benefits and bonuses, and before taxes. “Economic output” represents the gross receipts of revenues for businesses located in the City and San Diego County (County). Using these metrics, KMA estimated the direct, indirect, and induced economic impacts of each scenario, as defined below. • Direct Impacts – economic activity, employee compensation, and jobs resulting from completion of each scenario Page 409 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 3 24094kal 11216.025.001 • Indirect Impacts – economic activity, employee compensation, and jobs for industries that supply those impacted by development of each scenario • Induced Impacts – economic activity generated by the household expenditures of direct and indirect employees II. KEY FINDINGS The completion and stabilization of the Existing Scenario and Proposed Scenario will generate annual economic impacts within the County and City in the form of employment, personal income, and economic output. Table II-1 compares the recurring annual economic impacts at buildout in 2024 dollars of the Existing Scenario and Proposed Scenario on the County economy. Appendix B provides further detail regarding the economic impacts on the County. • As shown, KMA estimates that the Existing Scenario will generate a total of 3,696 full-time equivalent (FTE) employees, $251.1 million in personal income, and $929.3 million in economic output captured within the County on a recurring annual basis. • For the Proposed Scenario, with its reduction in commercial employment and addition of mixed-use residential and associated employment, KMA estimates that it will generate a lesser total of 3,189 FTE employees, $216.3 million in personal income, and $800.4 million in economic output captured within the County on a recurring annual basis. • In sum, the Proposed Scenario would result in a total loss of: 507 FTE employees, $34.8 million in annual personal income, and $128.9 million in annual economic output within the County economy. Page 410 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 4 24094kal 11216.025.001 Table II-1: Recurring Annual Impact – Direct, Indirect, and Induced Economic Impacts – County of San Diego (1) Existing Scenario Proposed Scenario Difference - Gain/(Loss) I. Employment (Full-Time Equivalent) (2) A. Freeway Commercial – Existing 2,643 2,643 0 B. Freeway Commercial – Remaining 1,053 531 (522) C. Residential Mixed-Use 0 15 15 D. Total Employment 3,696 3,189 (507) II. Personal Income (3) A. Freeway Commercial – Existing $179.6 M $179.6 M $0.0 M B. Freeway Commercial – Remaining $71.5 M $36.0 M ($35.5) M C. Residential Mixed-Use $0 M $0.7 M $0.7 M D. Total Personal Income $251.1 M $216.3 M ($34.8) M III. Economic Output (4) A. Freeway Commercial – Existing $664.5 M $664.5 M $0 B. Freeway Commercial – Remaining $264.8 M $133.5 M ($131.3) M C. Residential Mixed-Use $0 M $2.4 M $2.4 M D. Total Economic Output $929.3 M $800.4 M ($128.9) M (1) Defined as follows: • Direct impact includes all direct effects the buildout and stabilization of each scenario on the region. • Indirect impacts are changes caused by business-to-business purchases as they respond to new demands of directly affected industries. • Induced effects are the increased sales within the region from household spending of employees within each sector. (2) Represents the number of persons working a full year of full-time equivalent employment. (3) Personal income that people receive from wages and salaries, Social Security and other government benefits, dividends and interest, business ownership, and other sources. (4) Economic output is the total value of a business’ production and is the measure of the value added plus intermediate expenditures. Table II-2 compares the recurring annual economic impacts of the Existing Scenario and Proposed Scenario on the City economy. Appendix C provides further detail regarding the economic impacts on the City. • As shown, KMA estimates that the Existing Scenario will generate a total of 2,895 full-time equivalent (FTE) employees, $179.5 million in personal income, and $651.9 million in economic output captured within the City on a recurring annual basis. • For the Proposed Scenario, with its reduction in commercial employment and addition of mixed-use residential and associated employment, KMA estimates that it will generate a lesser total of 2,497 Page 411 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 5 24094kal 11216.025.001 FTE employees, $154.6 million in personal income, and $561.4 million in economic output captured within the City on a recurring annual basis. • In sum, the Proposed Scenario would result in a total loss of: 398 FTE employees, $24.9 million in annual personal income, and $90.5 million in annual economic output within the City economy. Table II-2: Recurring Annual Impact – Total Direct, Indirect, and Induced Economic Impacts – City of Chula Vista (1) Existing Scenario Proposed Scenario Difference - Gain/(Loss) I. Employment (Full-Time Equivalent) (2) A. Freeway Commercial – Existing 2,070 2,070 0 B. Freeway Commercial – Remaining 825 416 (409) C. Residential Mixed-Use 0 11 11 D. Total Employment 2,895 2,497 (398) II. Personal Income (3) A. Freeway Commercial – Existing $128.4 M $128.4 M $0 B. Freeway Commercial – Remaining $51.1 M $25.7 M ($25.4) M C. Residential Mixed-Use $0.0 M $0.5 M $0.5 M D. Total Personal Income $179.5 M $154.6 M ($24.9) M III. Economic Output (4) A. Freeway Commercial – Existing $466.2 M $466.2 M $0 B. Freeway Commercial – Remaining $185.7 M $93.6 M ($92.1) M C. Residential Mixed-Use $0.0 M $1.6 M $1.6 M D. Total Economic Output $651.9 M $561.4 M ($90.5) M (1) Defined as follows: • Direct impact includes all direct effects the buildout and stabilization of each scenario on the region. • Indirect impacts are changes caused by business-to-business purchases as they respond to new demands of directly affected industries. • Induced effects are the increased sales within the region from household spending of employees within each sector. (2) Represents the number of persons working a full year of full-time equivalent employment. (3) Personal income that people receive from wages and salaries, Social Security and other government benefits, dividends and interest, business ownership, and other sources. (4) Economic output is the total value of a business’ production and is the measure of the value added plus intermediate expenditures. Page 412 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 6 24094kal 11216.025.001 III. METHODOLOGY AND ASSUMPTIONS This section presents the methodology and assumptions used to determine the recurring annual impacts as a result of completion of the Existing Scenario and Proposed Scenario. The KMA economic impact analysis utilizes the Impact Analysis for Planning (IMPLAN) model, an economic analysis software package commercially available through the IMPLAN Group, LLC. IMPLAN has been in use since 1979, refined over time, and now widely used by both the private sector and public agencies to measure economic impacts. IMPLAN is based on an input-output accounting of commodity flows within an economy from producers to intermediate and final consumers. The model establishes a matrix of supply chain relationships between industries and between households and the producers of household goods and services. Assumptions about the portion of inputs or supplies for a given industry likely to be met by local suppliers, and the portion supplied from outside the region or study area, are derived internally within the model using data on the industrial structure of the region. In this way, the IMPLAN model identifies how a change in demand for one industry will affect a list of over 500 other industry sectors. The projected response of an economy to a change in final demand can be viewed in terms of employment, personal income, or economic output. KMA utilized IMPLAN’s readily available data set (2022) for the City and County, so that the model is tailored to the specific economic conditions of the local region. Additionally, KMA utilized workforce/commute share data from the 2022 American Community Survey (ACS) 5-Year Estimates to determine the indirect and induced impacts captured by the City. Upon completion, the Existing Scenario and Proposed Scenario will include commercial and/or residential uses, generating new direct employees. To determine the total number of direct employees for the existing commercial SF, KMA reviewed current business license data for the Otay Ranch Town Center. Moreover, to determine the total number of direct employees for the remaining commercial SF, KMA increased the number of SF per employee to reflect rising economic pressures on brick-and-mortar retail outlets resulting from increased competition from on-line shopping. To determine the number of direct employees for the residential mixed-use component, KMA referred to employment data available from the National Apartment Association for apartment complexes with 400 to 499 units. Table III-1 provides a summary of employment factors assumed in the KMA analysis. By applying IMPLAN multipliers to the employment factors below, KMA estimated the total Countywide and Citywide employment, personal income, and economic output as a result of the ongoing operations of each scenario. Page 413 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 7 24094kal 11216.025.001 Table III-1: Employment and Income Factors by Project Component Existing Commercial (1) 368 SF/Employee Remaining Commercial (2) 400 SF/Employee Residential Mixed-Use (3) 46.5 Units/Employee Average Pay Per Employee – Commercial (4) $58,321 Average Pay Per Employee – Residential (4) $44,479 % of Workforce Living in the City (5) 30.1% (1) Source: City of Chula Vista Business Licenses for 2015 Birch Road as of October 14, 2024. Excludes Macy's property. (2) KMA assumption. Based on existing retail SF per employee and rising economic pressures on brick-and- mortar retail outlets resulting from increased competition from on-line shopping. (3) Source: National Apartment Association 2020 Survey of Operating Income & Expenses in Rental Apartment Communities. Assumes 46.5 units per employee for projects with 400 to 499 units. (4) Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. (5) American Community Survey 5-Year Estimates for 2022 indicates approximately 30.15% of jobs in Chula Vista are held by local residents. Induced impacts are driven by spending of wages and salaries by workers. Where workers live is a key consideration in where spending occurs and thus where induced impacts are realized. For this reason, commute share is used as a proxy for the share of Countywide indirect and induced impacts that will impact the City of Chula Vista economy. IV. LIMITING CONDITIONS 1. KMA has made extensive efforts to confirm the accuracy and timeliness of the information contained in this document. Such information was compiled from a variety of sources deemed to be reliable including state and local government, planning agencies, real estate brokers, and other third parties. Although KMA believes all information in this document is correct, it does not guarantee the accuracy of such and assumes no responsibility for inaccuracies in the information provided by third parties. Further, no guarantee is made as to the possible effect on development of current or future Federal, State, or local legislation. 2. The accompanying projections and analyses are based on estimates and assumptions which were developed using currently available economic data, project specific data and other relevant information. It is the nature of forecasting, however, that some assumptions may not materialize and unanticipated events and circumstances may occur. Such changes are likely to be material to the projections and conclusions herein and, if they occur, require review or revision of this document. Page 414 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda To: Laura C. Black, Director of Development Services November 4, 2024 Subject: Otay Ranch Town Center – Economic Impact Analysis Page 8 24094kal 11216.025.001 3. The analysis, opinions, recommendations, and conclusions of this document are KMA's informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic conditions of the building and development industry, conclusions and recommended actions contained herein should not be relied upon as sole input for final business decisions regarding current and future development and planning. 4. Any estimates of development costs, and/or income and expense projections in this evaluation are based on the best available Project-specific data as well as the experiences of similar projects. They are not intended to be predictions of the future for the specific project. No warranty or representation is made that any of these estimates or projections will actually materialize. 5. A projection of economic impacts is inherently based on judgement. The projections contained herein are based on the best information available at the time that this document was prepared. However, the actual impacts may vary. 6. KMA assumes that all applicable laws and governmental regulations in place as of the date of this document will remain unchanged throughout the projection period of our analysis. In the event that this does not hold true, the analysis would need to be revised. 7. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues). 8. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product. 9. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material. attachments Page 415 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda APPENDIX A ECONOMIC IMPACT ANALYSIS PROJECT DESCRIPTION AND ESTIMATE OF EMPLOYEES CITY OF CHULA VISTA OTAY RANCH TOWN CENTER COMMERCIAL REZONE Page 416 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda TABLE A-1 PROJECT DESCRIPTION (1) OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA I.Site Area (Acres) A.Freeway Commercial 78.29 Acres 59.14 Acres (19.15)Acres B.Residential Mixed-Use 0 Acres 16.59 Acres 16.59 Acres C.Public Park (Useable Park Area)0 Acres 2.56 Acres 2.56 Acres D.Total 78.29 Acres 78.29 Acres 0.00 Acres II.Gross Building Area (GBA) (SF) A. Freeway Commercial Existing Built Commercial 669,700 SF 669,700 SF 0 SF Remaining 290,300 SF 146,300 SF (144,000)SF Total 960,000 SF 816,000 SF (144,000)SF B.Residential Mixed-Use (Units) 0 Units 435 Units 435 Units (1)Source: City of Chula Vista, Planning Commission Staff Report and supporting documents, September 25, 2024. Minimum of Minimum of Difference A B C = B-A Existing Scenario Proposed Scenario Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 9Page 417 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda TABLE A-2 ESTIMATED FULL-TIME EQUIVALENT EMPLOYMENT OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA I.Freeway Commercial Existing 669,700 SF 368 SF/Employee 1,822 Employees (1)669,700 SF 368 SF/Employee 1,822 Employees (1)0 SF 0 SF/Employee 0 Employees Remaining 290,300 SF 400 SF/Employee (2)726 Employees 146,300 SF 400 SF/Employee (2)366 Employees (144,000)SF 400 SF/Employee (2)(360)Employees Total 960,000 SF 377 SF/Employee 2,548 Employees 816,000 SF 373 SF/Employee 2,188 Employees (144,000)SF 400 SF/Employee (360)Employees II.Residential Mixed-Use 0 Units 46.5 Units/Employee (3)0 Employees 435 Units 46.5 Units/Employee (3)9 Employees 435 Units 46.5 Units/Employee (3)9 Employees III.Total 2,548 Employees 2,197 Employees (351)Employees (1)Source: City of Chula Vista Business Licenses for 2015 Birch Road as of October 14, 2024. Excludes Macy's property. (2)KMA assumption. Based on existing retail SF per employee and rising economic pressures on brick-and-mortar retail outlets resulting from increased competition from on-line shopping. (3)Source: National Apartment Association 2020 Survey of Operating Income & Expenses in Rental Apartment Communities. Assumes 46.5 units per employee for projects with 400 to 499 units. Total Employment Net Employment Gain/(Loss) SF Per Employee Equivalent) (Full-Time SF Per Employee Equivalent) A B C = B-A SF SF Per Employee Equivalent) Estimated (Full-Time Total Employment Proposed Scenario Difference SFSF (Full-Time Existing Scenario Estimated Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 10Page 418 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda APPENDIX B ECONOMIC IMPACT ANALYSIS ECONOMIC IMPACTS OF ANNUAL OPERATIONS - COUNTY OTAY RANCH TOWN CENTER COMMERCIAL REZONE CITY OF CHULA VISTA Page 419 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SAN DIEGO COUNTY TABLE B-1 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - COUNTY OF SAN DIEGO OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Indirect Direct and Induced and Induced Impact Multiplier (1)Impacts Total I. Employment (FTEs) (2) Freeway Commercial - Existing Commercial 1,822 0.45 821 2,643 Freeway Commercial - Remaining Commercial 726 0.45 327 1,053 Residential Mixed-Use 0 0.62 0 0 Total Employment 2,548 1,148 3,696 II.Personal Income Average Pay (3) Freeway Commercial - Existing Commercial $58,321 $106,261,000 0.69 $73,314,000 $179,575,000 Freeway Commercial - Remaining Commercial $58,321 $42,341,000 0.69 $29,213,000 $71,554,000 Residential Mixed-Use $44,479 $0 0.75 $0 $0 Total Personal Income $148,602,000 $102,527,000 $251,129,000 III.Economic Output (4) Freeway Commercial - Existing Commercial $380,575,000 0.75 $283,960,000 $664,535,000 Freeway Commercial - Remaining Commercial $151,645,000 0.75 $113,147,000 $264,792,000 Residential Mixed-Use $0 0.90 $0 $0 Total Economic Output $532,220,000 $397,107,000 $929,327,000 (1) (2)Direct employment figures from Table A-2. (3) (4) Existing Scenario Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In-commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. Ongoing output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A retail margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 11Page 420 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SAN DIEGO COUNTY TABLE B-2 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - COUNTY OF SAN DIEGO OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Indirect Direct and Induced and Induced Impact Multiplier (1)Impacts Total I. Employment (FTEs) (2) Freeway Commercial - Existing Commercial 1,822 0.45 821 2,643 Freeway Commercial - Remaining Commercial 366 0.45 165 531 Residential Mixed-Use 9 0.62 6 15 Total Employment 2,197 992 3,189 II.Personal Income Average Pay (3) Freeway Commercial - Existing Commercial $58,321 $106,261,000 0.69 $73,314,000 $179,575,000 Freeway Commercial - Remaining Commercial $58,321 $21,345,000 0.69 $14,727,000 $36,072,000 Residential Mixed-Use $44,479 $400,000 0.75 $299,000 $699,000 Total Personal Income $128,006,000 $88,340,000 $216,346,000 III.Economic Output (4) Freeway Commercial - Existing Commercial $380,575,000 0.75 $283,960,000 $664,535,000 Freeway Commercial - Remaining Commercial $76,447,000 0.75 $57,040,000 $133,487,000 Residential Mixed-Use $1,264,000 0.90 $1,141,000 $2,405,000 Total Economic Output $458,286,000 $342,141,000 $800,427,000 (1) (2)Direct employment figures from Table A-2. (3) (4) Proposed Scenario Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In-commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. Ongoing output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A retail margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 12Page 421 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SAN DIEGO COUNTY TABLE B-3 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - COUNTY OF SAN DIEGO OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Indirect Direct and Induced and Induced Impact Multiplier (1)Impacts Total I. Employment (FTEs) (2) Freeway Commercial - Existing Commercial 0 0.45 0 0 Freeway Commercial - Remaining Commercial (360)0.45 (162)(522) Residential Mixed-Use 9 0.62 6 15 Total Employment (351)(156)(507) II.Personal Income Average Pay (3) Freeway Commercial - Existing Commercial $58,321 $0 0.69 $0 $0 Freeway Commercial - Remaining Commercial $58,321 ($20,996,000)0.69 ($14,486,000)($35,482,000) Residential Mixed-Use $44,479 $400,000 0.75 $299,000 $699,000 Total Personal Income ($20,596,000)($14,187,000)($34,783,000) III.Economic Output (4) Freeway Commercial - Existing Commercial $0 0.75 $0 $0 Freeway Commercial - Remaining Commercial ($75,197,000)0.75 ($56,107,000)($131,304,000) Residential Mixed-Use $1,264,000 0.90 $1,141,000 $2,405,000 Total Economic Output ($73,933,000)($54,966,000)($128,899,000) (1) (2)Direct employment figures from Table A-2. (3) (4) Difference Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In-commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. Ongoing output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A retail margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 13Page 422 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda APPENDIX C ECONOMIC IMPACT ANALYSIS ECONOMIC IMPACTS OF ANNUAL OPERATIONS - CITY OTAY RANCH TOWN CENTER COMMERCIAL REZONE CITY OF CHULA VISTA Page 423 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CITY OF CHULA VISTA TABLE C-1 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - CITY OF CHULA VISTA OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Estimated Share Indirect Direct and Induced of Workforce and Induced Impact Multiplier (1)Living in City (2)Impacts Total I. Employment (FTEs) (3) Freeway Commercial - Existing Commercial 1,822 0.45 30.15%248 2,070 Freeway Commercial - Remaining Commercial 726 0.45 30.15%99 825 Residential Mixed-Use 0 0.62 30.15%0 0 Total Employment 2,548 347 2,895 II.Personal Income Average Pay (4) Freeway Commercial - Existing Commercial $58,321 $106,261,000 0.69 30.15%$22,103,000 $128,364,000 Freeway Commercial - Remaining Commercial $58,321 $42,341,000 0.69 30.15%$8,807,000 $51,148,000 Residential Mixed-Use $44,479 $0 0.75 30.15%$0 $0 Total Personal Income $148,602,000 $30,910,000 $179,512,000 III.Economic Output (5) Freeway Commercial - Existing Commercial $380,575,000 0.75 30.15%$85,611,000 $466,186,000 Freeway Commercial - Remaining Commercial $151,645,000 0.75 30.15%$34,113,000 $185,758,000 Residential Mixed-Use $0 0.90 30.15%$0 $0 Total Economic Output $532,220,000 $119,724,000 $651,944,000 (1) (2) (2)Direct employment figures from Table A-2. (3) (4) Existing Scenario Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In- commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. On-going output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. American Community Survey 5-Year Estimates for 2022 indicates approximately 30.15% of jobs in Chula Vista are held by local residents. Induced impacts are driven by spending of wages and salaries by workers. Where workers live is a key consideration in where spending occurs and thus where induced impacts are realized. For this reason, commute share is used as a proxy for the share of Countywide indirect and induced impacts that will impact the City of Chula Vista economy. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 14Page 424 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CITY OF CHULA VISTA TABLE C-2 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - CITY OF CHULA VISTA OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Estimated Share Indirect Direct and Induced of Workforce and Induced Impact Multiplier (1)Living in City (2)Impacts Total I. Employment (FTEs) (3) Freeway Commercial - Existing Commercial 1,822 0.45 30.15%248 2,070 Freeway Commercial - Remaining Commercial 366 0.45 30.15%50 416 Residential Mixed-Use 9 0.62 30.15%2 11 Total Employment 2,197 300 2,497 II.Personal Income Average Pay (4) Freeway Commercial - Existing Commercial $58,321 $106,261,000 0.69 30.15%$22,103,000 $128,364,000 Freeway Commercial - Remaining Commercial $58,321 $21,345,000 0.69 30.15%$4,440,000 $25,785,000 Residential Mixed-Use $44,479 $400,000 0.75 30.15%$90,000 $490,000 Total Personal Income $128,006,000 $26,633,000 $154,639,000 III.Economic Output (5) Freeway Commercial - Existing Commercial $380,575,000 0.75 30.15%$85,611,000 $466,186,000 Freeway Commercial - Remaining Commercial $76,447,000 0.75 30.15%$17,197,000 $93,644,000 Residential Mixed-Use $1,264,000 0.90 30.15%$344,000 $1,608,000 Total Economic Output $458,286,000 $103,152,000 $561,438,000 (1) (2) (2)Direct employment figures from Table A-2. (3) (4) Proposed Scenario Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In- commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. On-going output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. American Community Survey 5-Year Estimates for 2022 indicates approximately 30.15% of jobs in Chula Vista are held by local residents. Induced impacts are driven by spending of wages and salaries by workers. Where workers live is a key consideration in where spending occurs and thus where induced impacts are realized. For this reason, commute share is used as a proxy for the share of Countywide indirect and induced impacts that will impact the City of Chula Vista economy. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 15Page 425 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CITY OF CHULA VISTA TABLE C-3 ECONOMIC IMPACTS OF ANNUAL OPERATIONS - CITY OF CHULA VISTA OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Indirect Estimated Share Indirect Direct and Induced of Workforce and Induced Impact Multiplier (1)Living in City (2)Impacts Total I. Employment (FTEs) (3) Freeway Commercial - Existing Commercial 0 0.45 30.15%0 0.0 Freeway Commercial - Remaining Commercial (360)0.45 30.15%(49)(409) Residential Mixed-Use 9 0.62 30.15%2 11 Total Employment (351)(47)(398) II.Personal Income Average Pay (4) Freeway Commercial - Existing Commercial $58,321 $0 0.69 30.15%$0 $0 Freeway Commercial - Remaining Commercial $58,321 ($20,996,000)0.69 30.15%($4,367,000)($25,363,000) Residential Mixed-Use $44,479 $400,000 0.75 30.15%$90,000 $490,000 Total Personal Income ($20,596,000)($4,277,000)($24,873,000) III.Economic Output (5) Freeway Commercial - Existing Commercial $0 0.75 30.15%$0 $0 Freeway Commercial - Remaining Commercial ($75,198,000)0.75 30.15%($16,916,000)($92,114,000) Residential Mixed-Use $1,264,000 0.90 30.15%$344,000 $1,608,000 Total Economic Output ($73,934,000)($16,572,000)($90,506,000) (1) (2) (2)Direct employment figures from Table A-2. (3) (4) Difference Source: IMPLAN Group, Inc., IMPLAN model - 2022 for the County of San Diego. See Worksheet 1. Indirect effects are the business to business purchases in the supply chain taking place in the region that stem from the initial industry input purchases. Induced effects are the values stemming from household spending of Labor Income, after removal of taxes, savings, and income from in-commuting. In- commuting is the outflows of Employee Compensation (net of payroll taxes) due to people who work in the region and go home to another region. Based on 2024 San Diego County wage data from the Employment Development Department for Sales and Related Occupations and Building and Grounds Cleaning and Maintenance Occupations. On-going output estimate is based on ratio of annual payroll to sales, value of shipments, or revenue for retail trade and other services from the 2017 Economic Census. A margin of 38.25% is applied to retail categories. A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. American Community Survey 5-Year Estimates for 2022 indicates approximately 30.15% of jobs in Chula Vista are held by local residents. Induced impacts are driven by spending of wages and salaries by workers. Where workers live is a key consideration in where spending occurs and thus where induced impacts are realized. For this reason, commute share is used as a proxy for the share of Countywide indirect and induced impacts that will impact the City of Chula Vista economy. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 16Page 426 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SAN DIEGO COUNTY WORKSHEET 1 ECONOMIC BENEFITS OF ANNUAL OPERATIONS - MULTIPLIERS, SAN DIEGO COUNTY OTAY RANCH TOWN CENTER COMMERCIAL REZONE ECONOMIC IMPACT ANALYSIS CITY OF CHULA VISTA Assumed Retail Mix Margin (2) Direct Indirect Induced Direct, Indirect, Induced (3)Direct Indirect Induced Direct, Indirect, Induced (3)Direct Indirect Induced Direct, Indirect, Induced (3) I.Retail 403 Retail - Furniture and home furnishings stores 5%45.96%1.00 0.2375 0.28491 1.5224 1.00 0.27234 0.30271 1.57505 1.00 0.36486 0.37965 1.744509 404 Retail - Electronics and appliance stores 5%46.52%1.00 0.1933 0.34400 1.5373 1.00 0.16833 0.27762 1.445955 1.00 0.33265 0.51364 1.846281 406 Retail - Food and beverage stores 5%34.79%1.00 0.1556 0.22533 1.3809 1.00 0.19732 0.28528 1.482594 1.00 0.26679 0.36658 1.633369 407 Retail - Health and personal care stores 10%29.71%1.00 0.1668 0.25378 1.4206 1.00 0.20076 0.28571 1.486467 1.00 0.3172 0.42181 1.739009 409 Retail - Clothing and clothing accessories stores 35%55.50%1.00 0.3119 0.23722 1.5491 1.00 0.56285 0.37206 1.934900 1.00 0.46794 0.30258 1.770518 410 Retail - Sporting goods, hobby, musical instrument and book stores 10%49.90%1.00 0.1491 0.21022 1.3593 1.00 0.22334 0.2917 1.515042 1.00 0.33416 0.40849 1.742649 411 Retail - General merchandise stores 5%32.84%1.00 0.1687 0.22730 1.3960 1.00 0.27383 0.30181 1.575639 1.00 0.26659 0.32084 1.587429 412 Retail - Miscellaneous store retailers 5%57.21%1.00 0.1111 0.17070 1.2818 1.00 0.20191 0.28730 1.489215 1.00 0.34913 0.46486 1.813990 509 Full-service restaurants 10%0%1.00 0.1663 0.20397 1.3703 1.00 0.3239 0.31498 1.638879 1.00 0.35382 0.35946 1.713279 510 Limited-service restaurants 5%0%1.00 0.2107 0.19051 1.4012 1.00 0.4526 0.34613 1.798727 1.00 0.42633 0.31901 1.745335 511 All other food and drinking places 5%0%1.00 0.1462 0.20322 1.3494 1.00 0.29809 0.30850 1.606584 1.00 0.34051 0.42775 1.768266 Total/Weighted Average 100%38.25%1.00 0.21853 0.23212 1.4506 1.00 0.36502 0.32493 1.595368 1.00 0.38164 0.36450 1.746134 II.Residential Mixed-Use 470 Office administrative services 10%0%1.00 0.2592 0.39142 1.6507 1.00 0.24072 0.29512 1.535841 1.00 0.64721 0.94591 2.593123 471 Facilities support services 20%0%1.00 0.5184 0.40424 1.9227 1.00 0.61437 0.3842 1.998567 1.00 0.51195 0.39142 1.903371 476 Services to buildings 30%0%1.00 0.2314 0.23422 1.4656 1.00 0.42552 0.33919 1.764708 1.00 0.40918 0.37314 1.782315 477 Landscape and horticultural services 20%0%1.00 0.1613 0.24442 1.4057 1.00 0.23994 0.29486 1.534799 1.00 0.33612 0.40165 1.737773 478 Other support services 20%0%1.00 0.4139 0.34554 1.7594 1.00 0.44616 0.34389 1.790049 1.00 0.48249 0.41944 1.901931 Total/Weighted Average 100%0%1.00 0.31406 0.30825 1.62230 1.00 0.41182 0.33586 1.74768 1.00 0.45359 0.44904 1.90262 (1)Source: IMPLAN Economic Software. (2)A retail margin is the percentage of a product's price that a retailer keeps to cover the cost of operating their store. (3)Defined as follows: •Direct impact includes all direct effects the buildout and stabilization of each scenario on the region. •Indirect impacts are changes caused by business-to-business purchases as they respond to new demands of directly affected industries. •Induced effects are the increased sales within the region from household spending of employees within each sector. DIRECT, INDIRECT, INDUCED IMPACTS (1) Labor Income OutputEmployment Prepared by: Keyser Marston Associates, Inc. Filename: i:/Chula Vista_Otay Ranch Town Center Commercial EIA_v1_11-04-24;11/4/2024;mdt Page 17Page 427 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING A FOURTH ADDENDUM (IS22- 0002) TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (FEIR 02-04) AND APPROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA22-0001); THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDPA22-0001); THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND OTHER ASSOCIATED REGULATORY DOCUMENTS (SPA22-0001); AND APPROVING A ZONE CHANGE (ZC22-0001); A TENTATIVE MAP (TM22-0002); AND A DEVELOPMENT AGREEMENT WHEREAS the areas of land, that is the subject matter of this resolution and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or “Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use residential to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum (IS22-0002) to FEIR 02-04 was prepared for the Project; and WHEREAS the Planning Commission considered the certification of the Fourth Addendum to FEIR 02-04 (IS22-0002), and considered the adopted actions to amend the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial SPA Plan (SPA22-0001), and consider a Zone Change (ZC22- 0001), a Tentative Map (TM22-0002), and a Development Agreement to reflect a change in zoning from commercial to mixed-use residential to allow up to 840 multifamily dwellings on the subject property; and Page 428 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the hearing on the Project was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0, to recommend to the City Council certification of the Fourth Addendum, approval of the subject amendments, and approval of the Zone Change, Tentative Map and a Development Agreement regarding the Project; and WHEREAS the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on September 25, 2024, and the Minutes and Resolution resulting therefrom are incorporated into the record of this proceeding; and WHEREAS the City Clerk set the time and place for a hearing before the City Council on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the duly called and noticed public hearing on the Project was held before the City Council in Council Chambers, 276 Fourth Avenue, to hear public testimony with regard to the same, and the proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings; and NOW, THEREFORE BE IT RESOLVED, that the City Council, after hearing public testimony and staff’s presentation and after reviewing all of the subject documents, does hereby find, determine, and resolve as follows: I. CERTIFICATION OF COMPLIANCE WITH CEQA Pursuant to Section 15164 of the CEQA Guidelines the City Council finds the proposed modifications to the Otay Ranch Freeway Commercial FEIR (02-04) will result in only minor technical changes and additions which are necessary to make the document adequate under CEQA. The City Council, in the exercise of its independent review and judgment, therefore, certifies the Fourth Addendum to FEIR 02-04 as represented in Attachment 1 to the Staff Report, which is incorporated herein by this reference and on file in the office of the City Clerk. II. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution as discussed and determined in the Otay Ranch Freeway Commercial Chula Vista General Plan Amendment Justification Report for the Project. Page 429 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 III. ADOPTION OF GENERAL PLAN AMENDMENTS In light of the findings above, the General Plan amendments, specifically the change in land use designation from commercial to mixed-use residential within Otay Ranch Freeway Commercial SPA Plan, as well as other modifications to circulation, are hereby approved and adopted in substantially the form presented in Attachment 6 attached to the Staff Report and incorporated herein and on file in the office of the City Clerk. IV. OTAY RANCH GENERAL DEVELOPMENT PLAN CONSISTENCY The City Council hereby finds and determines that the Otay Ranch G eneral Development Plan ("GDP"), as amended, is internally consistent and shall remain internally consistent following amendment thereof by this Resolution as discussed and determined in the Otay Ranch Freeway Commercial General Development Plan Amendment Report for the Project. V. ADOPTION OF OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS In light of the findings above, the Otay Ranch GDP amendments are hereby approved and adopted in the form as presented in Attachment 6 attached to the Staff Report and incorporated herein by this reference and on file in the office of the City Clerk. VI. SECTIONAL PLANNING AREA FINDINGS AND RELATED ADOPTION OF AMENDMENTS A. The proposed Sectional Planning Area plan, as amended, is in conformity with the Otay Ranch General Development Plan, as amended, any adopted specific plans, and the Chula Vista General Plan, as amended, and its several elements. The proposed SPA Plan amendment implements the Chula Vista General Plan and GDP. The current General Plan land use designations for the Freeway Commercial SPA Plan are Retail Commercial and Mixed Use Residential. The proposed project is consistent with these land use designations. It contains all the requisite land uses comprising Retail Commercial and Mixed Use Residential: commercial hotels, mixed-use development, multi-family residential housing, a public park and open space. B. The proposed Sectional Planning Area plan, as amended, would promote the orderly, sequential development of the involved Sectional Planning Area. The subdivision design consists of nine (9) residential lots, one (1) commercial lot, five (5) park lots, and private streets (four lots). The tentative map subdivision is planned to allow up to 840 residential units. The Freeway Commercial SPA Public Facilities Financing Plan (“PFFP”) permits non- sequential phasing by mandating specific facilities requirements for each phase to ensure Page 430 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 that the new Freeway Commercial SPA development in FC-1 is adequately served and City threshold standards are met. The proposed project furthers the policy objective for “Urban Villages” to have “higher densities and mixed uses in the village cores,” “in transit focus areas” and to “provide a wide range of residential housing opportunities” which promotes a blend of for-sale and for-rent housing products and a range of densities integrated and compatible with other land uses in the area. The proposed project will support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, with shopping and recreational uses conveniently and centrally located and will minimize segregated and auto-dependent urban sprawl development patterns. C. The proposed Sectional Planning Area plan, as amended, would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The proposed modifications to land use and development standard provisions within the project site have been fully analyzed and will not adversely affect the circulation system and overall land uses as previously envisioned in the Otay Ranch GDP and Otay R anch Freeway Commercial SPA Plan. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed project, as described in the Supplemental PFFP. Additionally, a Water Quality Technical Re port, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Report and Water Service Technical Report have been prepared, reviewed and approved by City staff. A Fourth Addendum to FEIR 02- 04 has been prepared to analyze the Project’s impacts. No additional environmental impacts were identified in the Fourth Addendum to FEIR 02-04. VII. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City’s General Plan, based on the following: 1. Land Use and Circulation The proposed Project is in a community that provides a variety of residential, commercial, parks, open space, and school uses, as well as public and private improvements to serve the community. The proposed Project is consistent with the policies and objectives of the Chula Vista General Plan, the Otay Ranch GDP, and the Otay Ranch Freeway Commercial SPA Plan related to land use and circulation. 2. Economic Development Otay Ranch Freeway Commercial is designed to help achieve the General Plan’s objectives that seek to promote a variety of job and housing opportunities to improve the City’s jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. The proposed Project is consistent with those objectives. Page 431 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 3. Public Facilities and Services Sewer Sewer capacity needs are conditioned under this Resolution. Parks Parks, recreation, and open space obligations are conditioned under this Resolution and other regulatory documents for this Project. Construction of park, recreation and open space identified in this Resolution are the responsibility of the Applicant. 4. Housing Otay Ranch Freeway Commercial remains consistent with the Housing Element of the City’s General Plan by providing for multifamily residential opportunities in the eastern portion of the City. 5. Environmental FEIR 02-04 addressed the goals and policies of the Environmental Element of the General Plan and found development of this site to be consistent with those goals and policies. The proposed Project is an amendment that does not propose material changes to the approved Otay Ranch Freeway Commercial SPA Plan. Accordingly, The City Council, in the exercise of its independent review and judgment, certifies the Fourth Addendum to FEIR-02-04 as represented in Attachment 1 to the Staff Report, which is incorporated herein by this reference and on file in the office of the City Clerk. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities. Development of the Project Site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a-g) of the Subdivision Map Act, the proposed Project meets the following requirements: 1. The proposed Project is consistent with applicable general and specific plans as specified in Section 65451 because the Otay Ranch Freeway Commercial SPA Plan is consistent with the General Plan’s land use designations for Otay Ranch. 2. Project design or improvement is consistent with applicable general and specific plans because the proposed Project’s design is consistent with the General Plan, the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan land use designations and intended circulation for Otay Ranch. Page 432 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6 3. The Project Site is suitable for the proposed density of development. 4. The Project Site is physically suitable for the type of development. The proposed Project is surrounded by existing planned community developments with available access and infrastructure to serve the proposed Project. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitats. The proposed Project has been designed to minimize landform disturbance that avoids permanent disturbance or injury to wildlife or their habitats. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the proposed Project has been designed to have suitable separation between structures and parcels and is able to be served by fire and emergency services. 7. The subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of property, within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The proposed Project’s roadways and utilities are within and are not in conflict with existing easements. E. The Project Site is physically suited for development and will be developed in conformance with the Otay Ranch Freeway Commercial SPA Plan and FEIR 02-04 and its Mitigation Monitoring and Reporting Program (“MMRP”) and Addendums, which ensure that the Project Site is developed in a manner consistent with the standards established by the City for a master-planned community. F. The conditions herein imposed on the proposed Project are approximately proportional both in nature and extent to the impacts created by the Project, based upon the City’s police powers and evidence provided by the record of the proceedings of the Fourth Addendum to FEIR 02-04. VIII. TENTATIVE MAP CONDITIONS OF APPROVAL 1. Unless otherwise specified or required by law, the conditions and Chula Vista Municipal Code (“CVMC” or “Municipal Code”) requirements set forth below shall be completed prior to the related Final Map as determined by the Director of Development Services and the City Engineer, or their designees. Unless otherwise specified, “dedicate” means grant the appropriate easement, rather than fee title. Page 433 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7 Where an easement is required, the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 2. Should conflicting wording or standards occur between these conditions of approval and any other City entitlement or approval document relating to the Project, any conflict shall be resolved by the City Manager or designee. 3. All development on the Project Site, generally located east of State Route-125 (SR- 125), north of Birch Road, west of Eastlake Parkway, and south of Transit Guideway, by the Applicant, or his/her successors in interest shall be consistent with the Tentative Subdivision Map, Chula Vista Tentative Map No. 22-0002 and the Development Agreement entered into between the City and the Applicant and approved by the City Council by Ordinance No. _____ dated _____, 2024 (Development Agreement). 4. The Project shall comply with approved General Plan Amendment (GPA22-0001), GDP Amendment (GDPA22-0001), SPA Plan Amendment (SPA22-0001), Tentative Subdivision Map (TM22-0002), the Development Agreement, and all supporting documents for the Project including but not limited to the Supplemental PFFP Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan, Non- Renewable Energy Conservation Plan, Air Quality Improvement Plan, Water Conservation Plan, Fire Protection Plan and the City of Chula Vista Standard Tentative Map Conditions on file in the Development Services Department, and incorporated herein. 5. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the CVMC; the Chula Vista Subdivision Manual and Standard Tentative Map Conditions (“STMC”) (Subdivision Manual Section 5-300); the City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development & Redevelopment Projects; the Chula Vista Best Management Practices (“BMP”) Design Manual; the City of Chula Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act. 6. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, or their designee, the mitigation measures identified in the certified Final Environmental Impact Report (FEIR 02-04), and any Addendum to FEIR 02-04, and associated MMRP for the Project, within the timeframe specified in the MMRP. 7. Prior to approval of any Final Map showing private streets, the Applicant shall obtain approval of street names for such Parcel to the satisfaction of the Director of Development Services and City Engineer, or their designee. Page 434 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 8 8. The Applicant shall notify the City at least 60 days prior to consideration of the first Final Map by the City if any offsite right-of-way or any interest in real property needed to construct or install offsite improvements for such Parcel cannot be obtained as required by the conditions of approval. After said notification, the Applicant shall comply with all requirements for such Parcel as set forth by the City Engineer and Director of Development Services. 9. Prior to approval of any Final Map or Grading Plan, the Engineer -of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items for such Parcel not specifically waived on the Tentative Map, and not conforming to adopted City standards within the applicable subdivision boundary. The Engineer-of-Work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer’s sole discretion. 10. Prior to approval of any Final Map for a Parcel, the Applicant shall present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities within the applicable subdivision boundary. 11. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums. 12. Prior to issuance of the first Building Permit or other discretionary permits for the Project, the Applicant shall develop a high-level concept master plan for artwork in public places that would identify the types of art desired and establish appropriate settings for the display of art in accordance with General Plan Policy Land Use and Transportation (LUT) 1.7, 8.2, and 8.6. This could include, by way of example, providing cultural art spaces. The Master Plan shall provide for such art to be refined and provided in conjunction with each phase of development, commensurate with the development included in such phase. 13. The Applicant shall submit Covenants, Conditions, and Restrictions (“CC&Rs”) for review and written approval by the City prior to the first Final Map of the Project. In addition to the requirements of STMC 34, said CC&Rs shall include, but not be limited to, the following: a. Indemnification of City for private sewer spillage. b. Indemnification of City-General. c. List of facilities to be maintained privately. d. The City’s right, but not obligation, to enforce the CC&Rs. Page 435 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 9 e. Provision that no private facilities shall be requested to become public unless all homeowners and 100 percent of the first mortgage obliges have signed a written petition. f. The CC&Rs shall include provisions assuring the timely and proper maintenance of all open space lots, slopes, walls, fences, private streets, private driveways, paths, recreational amenities and structures, private sewerage facilities, private drainage facilities, landscaping, and onsite improvements of neighborhoods parks. g. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. h. Said CC&Rs, which must be approved in writing by the City, shall be consistent with CVMC 18.44 and shall be recorded concurrently with the first Final Map. For purpose of clarification, the CC&Rs referred to in this Condition 13 is (i) intended to mean a restrictive covenant to be imposed on each of the lots being developed with residential improvements (as such lots are described in the Development Agreement) for the benefit of the City and not on any other portion of Otay Ranch Town Center; and (ii) not intended to refer to any private CC&Rs entered into between Applicant, as the existing owner of the majority of Otay Ranch Town Center, and a residential developer of the lot(s) being developed. Public Facilities: 14. The Final Map for each applicable phase shall include easements for any public utility and access easements shown on the Tentative Map, with such easements to be accepted to the City upon completion of the phase of development for which such easements are required. In the event the Development Agreement is terminated, the easement shall terminate with respect to any easements that are necessary for or were intended to be granted with any phase(s) of development that have not been completed at the time of termination. 15. The Applicant shall provide a public utility and access easement on any ap plicable Final Map over Lots A, B, C, and D (if these lots are included) for the proposed public utilities within the subdivision boundary to the satisfaction of the City Engineer, or their designee. 16. Developer shall identify on each applicable Final Map a reciprocal Private Access and Utilities Easement over Parcels 1-10 and Parcels E-H pursuant to Section 18.20.240 of the CVMC. Said easement shall be conveyed from and to the subsequent owners of Parcels 1-10 and Parcels E-H, pursuant to Section 18.20.240 of the CVMC. Page 436 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 10 17. Prior to issuance of the first Building Permit, the Applicant shall construct a traffic signal modification and associated improvements at the intersection of Town Center Drive and Bus Rapid Transit (“BRT”) Guideway and restriping the fronting portion of Eastlake Parkway and Birch Road bike lanes. 18. The project will provide signal optimization and adaptive signal controller at Olympic Parkway and Town Center Drive as well as fronting right -of-way dedication on Eastlake Parkway and Birch Road (from Eastlake Parkway to Millenia Avenue) to accommodate a future Class IV Cycle Track per the City’s Active Transportation Plan. Affordable Housing: 19. Prior to approval of the first Final Map, the Applicant shall enter into an Affordability Agreement, in compliance with applicable City and State of California regulations. This agreement shall identify potential affordable housing sites, schedules, and the following Building Permit threshold requirements as described in the Inclusionary Housing Plan. Such agreement may also identify alternative methods of compliance at the approval and sole discretion of the City and as set forth and in compliance with the Inclusionary Housing Plan and CVMC Chapter 19.91, as may be amended from time to time. Grading/Improvements: 20. The Applicant shall apply for a Grading Permit for each development consistent with the applicable provisions of CVMC Chapter 15.04 and the Subdivision Manual, reviewed and approved by the Land Development Division. This permit shall reflect all grading required to create building pads and storm drainage systems necessary to address drainage leaving the site in addition to, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Grading Plans shall be in conformance with the City’s Subdivision Manual and the City’s most current BMP Design Manual. c. Drainage Study and Geotechnical/Soils Investigations for each phase of development are required with the first submittal of Grading Plans for such phase of development. The Drainage Study shall calculate the Pre- Development and Post-Development flows for the applicable Parcel(s) comprising such phase and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if post-development flows exceed pre-development flows; analysis shall include flows from 2-year, 10-year, and 50-year return frequency storms. Drainage study shall also demonstrate that no property damage will occur during the 100-year storm event. Page 437 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11 d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. 21. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater and slopes that are more than 6 feet high shall include a minimum 2-foot- wide level bench for landscaping and maintenance access adjacent to the wall. 22. Prior to issuance of any Grading Permit, the Applicant shall ensure that all related earthwork for the applicable phase of development within its subdivision boundaries shall balance to the satisfaction of the Director of Development Services and the City Engineer, or their respective designee. In the event earthwork cannot be balanced onsite, an export material haul route shall be submitted to-the Director of Development Services and the City Engineer, or their respective designee, for their approval. 23. Prior to the issuance of any Grading or Construction Permit which impacts offsite property, the Applicant shall deliver to the City, a notarized letter of permission to construct or grade and drain for such off-site grading. 24. Prior to issuance of any Grading or Construction Permit based on plans proposing the creation of down slopes adjacent to public or private streets, the Applicant shall obtain the City Engineer’s approval of a study to determine the necessity of providing guardrail improvements at those locations. The Applicant shall construct and secure any required guardrail improvements in conjunction with the associated Construction Permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per Caltrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 25. All private lot drainage and slopes shall comply with the current edition of the California Building Code as adopted by the City of Chula Vista, the geological recommendations of the geotechnical engineer, or as otherwise approved by the Building Official. 26. Prior to the issuance of the first Grading or Construction Permit for an y phase of development, whichever occurs first, the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement for such phase of development to perpetually maintain and fund all post-construction permanent BMP facilities located within the portion of the Project to be located within the boundaries of the Parcel(s) involved in such phase of development to the satisfaction of the City Engineer and City Attorney. 27. Prior to the approval of any Grading Permit, the permanent structural BMP design must be approved to the satisfaction of the Director of Development Services and the City Engineer, or their respective designee. The structural BMPs represented in Page 438 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 12 the Tentative Map may require additional refinement, including revisions to the size, type, and location of BMP’s. 28. Prior to issuance of the first Building Permit for any phase of development which includes any private facilities within public right-of-way, City property or City easement, the Applicant shall enter into an Encroachment Agreement with the City. 29. All private sewer laterals and storm drains connecting each building unit to the City- maintained public facilities shall be privately maintained. 30. Prior to issuance of any Grading Permit, any existing San Diego Association of Governments and Otay Water District easements affecting that Parcel shall be vacated or a Letter of Permission to Grade and Install Improvements shall be required. 31. The Applicant shall obtain a Construction Permit for each Parcel to construct the private driveways and associated signage and striping in the City’s right -of-way within the applicable subdivision boundary of such Parcel, prior to issuance of any Building Permit. 32. The Drainage Report is considered conceptually complete and provides adequate information on the Drainage objectives to move forward into Construction Drawing documents. There may be additional requirements set at the time such development takes place and/or a Land Development Permit is applied for, depending upon final plans submitted for review and approval. 33. The Priority Development Project (PDP) Storm Water Quality Management Plan (SWQMP) is considered conceptually complete and provides adequate information on BMP’s objectives to move forward into Construction Drawing documents. There may be additional requirements set at the time such development takes place and/or a Land Development is applied for, depending upon final plans submitted for review and approval. 34. Prior to issuance of any Grading Permit, a complete and accurate Notice-of-Intent (“NOI”) must be filed with the State Water Resources Control Board (“SWRCB”) to ensure the applicable phase of the Project is covered under the Construction General Permit (CGP). A copy of the acknowledgement from the SWRCB that a NOI has been received for such project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for such project shall be filed with the City of Chula Vista when received. Parks: 35. Applicant shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to CVMC Chapter 17.10. The ordinance establishes a requirement Page 439 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13 that the Project provide three (3) acres of local parks and related improvements per 1,000 residents. Overall park obligation shall be met through the payment of fees, provision of parkland, and development of parks as provided for in the approved Development Agreement. Existing recreation areas within Tentative Map Lots F and E, such as splash pad area and dog park areas, shall not be eligible for park development credit. 36. In satisfaction of a portion of the Project’s parkland acquisition obligation, and in accordance with the Project’s Development Agreement, the Applicant shall grant to the City on the Final Map of each Phase containing a park site (Tentative Map Lots E, F, G, H, approximately 2.56 usable acres), a public access easement for park and recreational purposes to be accepted by the City only upon the completion of improvements per City-approved plans for such park site. The park shall be completed in connection with the applicable phase of development. 37. The Park Master Plans for the Project’s park sites (Lots E, F, G, H) shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan, Landscape Manual, Shade Tree Policy, CVMC Chapter 17.10, CVMC 20.12 Landscape Water Conservation Ordinance, Park Facilities Guidelines, as may be amended from time to time, and as it affects facility and other related requirements for the Project’s parks. The process to design and develop each park shall be as stated in the Project’s Development Agreement. 38. The Applicant, with respect to each phase of development, shall rough grade, provide all weather access to, and install the underground utilities to the property line of any park site (Lot E, F, G, or H, as the case may be) to be improved in connection with such phase of development, to the satisfaction of the Directors of Development Services, Engineering, Community Services, Public Works, and the Fire Marshall, concurrent with the installation of the Project’s streets associated with such phase of development for any portion of the Project adjacent to park sites located within such phase. Trails: 39. For each Parcel, the Applicant shall complete construction of the portion of the trail directly adjacent to such Parcel’s lot line of the trail that is located along the west and north sides of the Project site as depicted in the Project’s SPA Plan, Tentative Map and Conceptual Landscape Plan prior to occupancy of each adjacent MU-R Lots 1 thru 4 building(s). Landscaping/Walls/Fences: 40. Prior to the approval of the first Final Map for the Project, the Applicant shall submit a Landscape Master Plan for the entire Project in accordance with the Lan dscape Manual and Subdivision Manual. The Landscape Master Plan shall include a high- level conceptual plan that will set forth the guiding principles and materials for Page 440 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 14 community and village entry monumentation, a hardscape concept, trail plan, a wall and fence plan, a master irrigation plan, a master planting plan, a brush management plan, a utility coordination plan, a construction phasing plan and a maintenance responsibility plan. The Landscape Master Plan shall be implemented in the Landscape Improvement Plans prepared for each phase of the Project, which shall provide for the detailed application of the master plan at the time of development of each such phase. 41. Prior to issuance of a Grading Permit for each phase of development, the Applicant shall provide bonds for the Landscape and Irrigation (L&I) Improvement Plans related to planting, irrigation, construction, erosion control, parks, and trails, related to and located within the boundaries of the Parcel(s) comprising such phase. The amount of the security for any required improvements not constructed at the time of the grading permit shall be based on a construction cost estimate approved by the Director of Development Services, or Designee, as follows: 1) 110% times the approved estimate if the improvement plans have been approved by the City; 2) 150% times the approved estimate if the improvement plans are being processed by the City, and; 3) 200% times the approved estimate if improvement plans have not yet been submitted for review. 42. Prior to City ‘s final inspection of landscaped areas within a Parcel, the Applicant shall install permanent irrigation water meters within such Parcel’s subdivision boundaries in accordance with the approved Landscape Improvement Plans to the satisfaction of the Director of Development Services or Designee. 43. The Applicant shall submit a detailed wall and fencing plan for each Parcel with the Design Review Site Plan submittal for the applicable planning area showing that all Project walls and fences within such Parcel’s subdivision boundaries comply with the approved Project SPA Plan, Landscape Master Plan, and other applicable City of Chula Vista requirements to the Director of Development Services for approval. The plan shall indicate color, materials, height, and location of freestanding walls, retaining walls, and fences that are to be located within such Parcel. The plan shall also include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, landscaping, and sidewalk improvements within such Parcel. 44. Footings and geosynthetic reinforcement grid for retaining walls shall be completely within a Parcel’s property boundary and not encroach into adjacent properties, publicly owned areas and/or park sites subject to approval of the Director of Development Services, or their designee. 45. Prior to the issuance of each Grading Permit for each phase of the Project, the Applicant shall prepare, submit, and secure to the satisfaction of the Director of Development Services, or their designee, all landscape and irrigation slope erosion control plans within the applicable subdivision boundary of such phase. All plans Page 441 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 15 shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. 46. Prior to approval and issuance of the first Building Permit for each phase of the Project, the Applicant shall submit Landscape Improvement Plans for approval demonstrating that the installed landscape for such phase will comply with the City of Chula Vista Parks and Recreation Master Plan, as amended by the Otay Ranch Freeway Commercial SPA Plan, Landscape Design Manual, Shade Tree Policy, Street Tree Policy, Subdivision Manual, CVMC Chapter 17.10, CVMC 20.12 Landscape Water Conservation Ordinance, Park Facilities Guidelines and Landscape Manual as adopted, as may be amended from time to time. 47. Prior to the final building inspection for a Parcel, the Applicant shall have installed Landscape Improvements within the subdivision boundaries of such Parcel per approved Landscape Improvement Plans to the satisfaction of the Director of Development Services, or their designee. Open Space/Assessment: 48. Prior to issuance of the first Building Permit or other Discretionary Permits within a Parcel in the Project Site, the Applicant shall comply with applicable provisions of CVMC Section 8.24 - Solid Waste and Litter, and Section 8.25 - Recycling, related to development projects, for such Parcel to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include, but are not limited to the following design requirements: a. The Applicant shall design the portion of the Project located within such Parcel’s subdivision boundaries to comply with the Recycling and Solid Waste Standards for central collection bin services. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 49. Approval of this request shall not waive compliance with any sections of the CVMC nor any other applicable City Ordinances in effect at the time of Building Permit issuance except as otherwise set forth in the Development Agreement. 50. Each Applicant shall, with respect to its respective Project Parcel, agree, to the maximum extent permitted by law, to timely and fully indemnify, protect, reimburse, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorney’s fees (collectively, liabilities) incurred by the City in connection with any claim, action, suit, or proceeding relating to, regarding, or arising from (a) City’s approval of this Tentative Map and its related conditions of approval, (b) City’s actions on any California Environmental Quality Act Page 442 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 16 document concerning this Tentative Map or the Project and/or (c) City’s approval or issuance of any other permit, approval or action, whether discretionary or non- discretionary, in connection with the use and development contemplated on the Project Site, provided, further, that if Applicant elects, in its sole discretion, not to defend any such approvals, permits or actions (i.e., to instead relinquish such approvals, permits or actions), Applicant shall so notify the City in writing and City shall cooperate in taking any action necessary to terminate said approvals, permits or actions; alternatively, in the event City declines to cooperate in the termination of said approvals, permits or actions after receiving appropriate written notice from Applicant to the City, Applicant shall have no further indemnification obligation with respect to such approvals, permits or actions beginning 30 days after the date of such notice. Notwithstanding any other language in this Condition No. 51, however, the Applicant shall be fully and completely responsible for any and all indemnification, protection, reimbursement, defense and hold harmless obligations and commitments as to the City-related parties as discussed, identified, and required in this Condition No. 51 that are incurred, accrued, and/or arising up to and through the effective time of Applicant’s written termination of the Project entitlements, permits, actions and approvals. The Applicant shall acknowledge its agreement to this provision by executing a copy of this Resolution where indicated below. The Applicant’s compliance with this provision shall apply and continue until the time that its incurred and accrued indemnification, protection, reimbursement, defense and hold harmless obligations and commitments as to the City-related parties as discussed, identified, and required in this Condition No. 51 are fully satisfied as determined by the City in writing. For purposes of this condition, the Applicant shall be deemed to be the residential developer of the Project lots to which the indemnification obligation relates (and its successor owners) and not any prior fee simple title holders. 51. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 52. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the CVMC; the Chula Vista Landscape Manual, the Chula Vista Subdivision Manual; the Chula Vista Design and Construction Standards; the Chula Vista Greenbelt Master Plan; the relevant General Development Plan; the relevant SPA or Precise Plan; the relevant Public Facilities Financing Plan and Air Quality Improvement Plan; the Chula Vista Development Storm Water Manual; the Chula Vista Parks and Recreation Master Plan; the Water Conservation Ordinance; and applicable Chula Vista City Council policies, all as amended from time to time, unless specifically modified by the Director of Development Services, in each case except as otherwise set forth in the Development Agreement. 53. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such Page 443 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 17 conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of Building Permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation in each case to extent set forth in the Development Agreement. The Applicant shall be notified 30 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City and the Applicant shall be afforded such additional time as necessary to cure if the Applicant has commenced cure within such 30-day period and is diligently pursuing such cure. 54. The Applicant shall comply with all applicable Freeway Commercial Otay Ranch Town Center SPA conditions of approval, (SPA22-0001) as may be amended from time to time. IX. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. X. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City’s Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. ________________________________ _______________ James Varsamis, Senior Vice President Date GGP-Otay Ranch L.P. Page 444 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 18 XI. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the project is in conformance with the City of Chula Vista Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk Page 445 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 19 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of _____ 2024. Page 446 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ORDINANCE NO. 2024- ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SOUTHERLY (FC-1) PORTION OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or “Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions, which will enable Otay Ranch Freeway Commercial to exist in harmony within the community; and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS City Staff recommended that the City Planning Commission consider the certification of the Fourth Addendum and the adoption of the amendments to the General Plan, the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan, including Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA, and consider of a Zone Change, a Tentative Map, and a Development Agreement regarding the Project; and Page 447 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the subject amendments to the Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA; and WHEREAS the City Clerk set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS a duly noticed public hearing was held before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the amendments to the Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA; and NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and considered the Fourth Addendum to FEIR 02-04 (IS22-0002). III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations on file at the office of the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch GDP and all other applicable plans; as set forth in Resolution 2024-_______ adopting the Freeway Commercial SPA Plan Amendment (which Resolution 2024-___ is incorporated herein), and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Page 448 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 IV. SERVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: Page 449 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 ________________________ John McCann, Mayor ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of ____ 2024. Page 450 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ORDINANCE NO. 2024- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE (ZC22-0001) FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22- 0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS City Staff recommended that the City Planning Commission consider the adoption of the Zone Change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the subject Zone Change; and Page 451 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 WHEREAS the City Clerk set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS a duly noticed public hearing was held before the City Council of the City of Chula Vista to consider adopting an Ordinance approving the Zone Change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site; and NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing on the Project, and the Minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and considered the Fourth Addendum to FEIR 02-04 (IS22-0002). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council hereby finds that the proposed zone changes are consistent with the City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The zone changes, in conjunction with the approved amendments to the Otay Ranch Freeway Commercial SPA Plan and Planned Community District Regulations, implement the General Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area Plan Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Freeway Commercial SPA Plan, including the number of residential units, park and plaza acreages, and commercial mixed-use area, is consistent with the General Plan and the Otay Ranch GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Zone Change for the Otay Ranch Freeway Commercial SPA as reflected in the General Plan, Otay Ranch GDP, and Otay Ranch Freeway Commercial SPA Plan and Planned Community District Regulations, as amended to allow change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site (copies of which are on file in the City Clerk’s office). The City Council also finds the Page 452 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 zone change consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch GDP, as amended. V. 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. VI. 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. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 453 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of _____ 2024. Page 454 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ORDINANCE NO. 2024- ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GENERAL GROWTH PROPERTIES-OTAY RANCH L.P. FOR THE FREEWAY COMMERCIAL SOUTH PORTION (FC-1) OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22- 0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the Development Agreement; and WHEREAS a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the Development Agreement; and Page 455 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA The City Council hereby finds, based upon their independent review and judgement, that the adoption of the Ordinance approving the Development Agreement for the Project, as described and analyzed in the Fourth Addendum to FEIR 02-04, would have no new effects that were not examined in said FEIR. III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council hereby finds that the proposed Development Agreement is consistent with the City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The Development Agreement and Development Agreement implement the General Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area (“SPA”) Plan Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Freeway Commercial South (FC-1) plan, including the number of residential units, park and plaza acreages, and commercial mixed-use area, is consistent with the General Plan and the Otay Ranch GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Development Agreement between the City of Chula Vista and GGP-Otay Ranch L.P. for the Freeway Commercial South portion (FC-1) of the Otay Ranch Freeway Commercial SPA (a copy of which is on file in the City Clerk’s office), finding it consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch GDP. V. SERVERABILITY 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 th e Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby Page 456 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 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. VI. 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. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor Page 457 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of ____ 2024. Page 458 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING A FOURTH ADDENDUM (IS22-0002) TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (FEIR 02-04); AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA22-0001); THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDPA22-0001); THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND OTHER ASSOCIATED REGULATORY DOCUMENTS (SPA22-0001); A ZONE CHANGE (ZC22-0001); A TENTATIVE MAP (TM22-0002); AND A DEVELOPMENT AGREEMENT WHEREAS the areas of land, that is the subject matter of this resolution and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or “Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use residential to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Planning Commission considered the certification under the California Environmental Quality Act (“CEQA”) of the Fourth Addendum to FEIR 02-04 (IS22-0002) to determine whether the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003); and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the hearing on the Project was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0, to recommend to the City Council approval of the subject Project land use entitlements and amendments, and certification of the Fourth Addendum to FEIR 02-04 (IS22-0002); and Page 459 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 WHEREAS the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on September 25, 2024, and the Minutes and Resolution resulting therefrom are incorporated into the record of this proceeding; and WHEREAS the City Clerk set the time and place for a hearing before the City Council on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the duly called and noticed public hearing on the Project was held before the City Council in Council Chambers, 276 Fourth Avenue, to hear public testimony with regard to the same, and the proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings; and NOW, THEREFORE BE IT RESOLVED, that the City Council, after hearing public testimony and staff’s presentation and after reviewing all the subject documents, does hereby find, determine, and resolve as follows: I. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan, as proposed to be amended with the Project, is not internally consistent with the objective and polices for the Freeway Commercial Focus Area. Objective – Land Use and Transportation (LUT) 99 of the City of Chula Vista General Plan states the Freeway Commercial Focus Area shall “create a retail commercial center that supports the East Planning Area/Otay Ranch population by providing regional goods and services that are not accommodated in the residential Village Cores or Town Centers.” The Otay Ranch Town Center shopping mall, which is part of the Otay Ranch Freeway Commercial Section Planning Area (FC-1 District), currently has 960,000 square feet of entitled commercial space, with 669,700 square feet already built and 290,300 square feet unbuilt. The proposed amendment to the General Plan seeks to reduce the commercial use allocation for the Otay Ranch Town Center property by 144,000 square feet, resulting in 816,000 square feet total of built and/or available commercial uses, leaving 146,300 square feet of commercial uses unbuilt. Removal of this regional serving commercial square footage will not be replaced in future unbuilt Sectional Planning Areas within Otay Ranch. The proposed reduction of commercial uses also reduces the potential jobs from the City of Chula Vista. Consequently, the Project proposed a loss of 144,000 square feet of regional serving commercial space within Otay Ranch Town Center. The proposed General Plan amendment ultimately proposes removing this commercial use space, enabling instead construction of a minimum of 435 residential units in phases per the proposed Development Agreement. Page 460 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 The overall Project, by reducing regional-serving commercial space in favor of residential units, diverges from the original vision and policies intended to establish Otay Ranch Town Center, as part of the Otay Ranch Freeway Commercial Section Planning Area (FC-1 District), as a significant commercial hub for the region. II. DENIAL OF GENERAL PLAN AMENDMENTS In light of the findings above, the proposed Project’s General Plan amendments, specifically the change in land use designation from commercial to mixed-use residential within Otay Ranch Freeway Commercial SPA Plan are hereby denied. III. OTAY RANCH GENERAL DEVELOPMENT PLAN CONSISTENCY The City Council hereby finds and determines that the Otay Ranch G eneral Development Plan ("GDP"), as proposed to be amended with the Project, is not internally consistent with the Freeway Commercial South Policies found in the Otay Ranch GDP. The Freeway Commercial South policies in the GDP states the subject area shall include, “regional uses which require an automobile orientation near regional transportation systems. Expected uses include thoroughfare commercial, visitor commercial and regionally oriented retail commercial.” The Project’s proposed change in land use designation from commercial to mixed-use residential would shift the focus from regionally oriented retail and visitor services to residential development. IV. DENIAL OF OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS In light of the findings above, the Otay Ranch GDP amendments proposed with the Project are hereby denied. V. OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN FINDINGS AND RELATED PROPOSED AMENDMENTS A. The proposed Sectional Planning Area plan, as amended, is not in conformity with the Otay Ranch General Development Plan, as amended, any adopted specific plans, and the Chula Vista General Plan, as amended, and its several elements. Consistent to the findings made above in Sections I and III, the Project’s proposed SPA Plan amendment is inconsistent with the Otay Ranch General Development Plan, the Freeway Commercial South policies, and the Chula Vista General Plan. The Project Site was originally envisioned for regionally oriented commercial uses that serve automobile- dependent visitors and align with the area’s role as a regional hub. The proposed amendment would shift the focus of the Freeway Commercial regional shopping center by removing entitled commercial use space and allowing up to 840 residential units. Page 461 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 VI. DENIAL OF OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AMENDMENTS In light of the findings above, the Otay Ranch Freeway Commercial Sectional Planning Area Plan amendments proposed with the Project are hereby denied. VII. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Pursuant to California Environmental Quality Act (CEQA) Guidelines (14 Cal Code Regs) section 15270, CEQA does not apply to projects which a public agency denies or disapproves. VIII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney DENIED AND DISAPPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor Page 462 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly denied, and disapproved, by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of _____ 2024. Page 463 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Otay Ranch Town Center Amendments City Council Item 7.3 November 12, 2024 Page 464 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2VICINITY MAP Village 11 Eastern Urban Center (Millenia)University Village 6 Village 7 Village 2 EastlakeVillage 5 Freeway Commercial PROJECT SITE Page 465 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3PROJECT SITE FC-2 (North) (Not Part of Project) Birch Road FC-1 (South) Otay Ranch Town Center Page 466 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 April 2003: Otay Ranch Freeway Commercial Sectional Planning Area Plan, Tentative Map, which entitled approximately 1,214,000 non- residential square footage, adopted May 2015: Amendment, rezoned Freeway Commercial North (FC-2) from commercial to mixed-use residential to add 600 residential units and two hotels May 2019:Amendment, added 300 residential units to Freeway Commercial North (FC-2) April 2022:Current project application submitted to City September 2024: Planning Commission Hearing SPA PLAN Page 467 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda H P RM R/MU C/MU FC1 MU/R H P RM R/MU C/MU FC1 5ZONING MAP COMPARISON Current Project2019 Plan H –Hotel Legend –Proposed Zoning Districts RM –Residential (Multi-Family) R/MU –Residential Mixed-Use P –Public Park C/MU –Mixed-Use Commercial FC1 –Freeway Commercial MU/R –Mixed-Use Residential Legend –Proposed Zoning Districts Page 468 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6EXISTING CONDITIONS Macy’s (Not Part of Project) Birch Road Project Site Page 469 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7TENTATIVE MAP Page 470 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 8KEY PROJECT UPDATES Macy’s Mixed-Use Residential Lots Legend –Site Plan Existing Retail Buildings 1 1 Extension of Town Center Drive 2 2 Proposed Entry Plaza 4 4 Enhance Existing Outdoor Plaza 5 5 5 5 Proposed Parks 6 Proposed Private Street 6 Design Review Permits •Authorizes Zoning Administrator to review and approve projects requiring Design Review •Decision may be appealed to Planning Commission 33 3 Closure of Kestrel Falls Road Page 471 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2019 Land Uses Proposed Land Uses Comparison Land Use Acres Units Acres Units Acres Units FC-1 Freeway Commercial (South) Freeway Commercial 78.29 0 61.7 0 -16.59 0 Residential Mixed-Use 0 0 13.86 840 +13.86 +840 Public Park 0 0 2.73 0 +2.73 0 FC-2 Freeway Commercial (North) Hotel 7.6 0 7.6 0 0 0 Residential (multi-family) 15.5 292 15.5 292 0 0 Residential (mixed-use) 10.4 608 10.4 608 0 0 Public Park 2 0 2 0 0 0 Mixed-Use Commercial 0.3 0 0.3 0 0 0 Other 2.9 0 2.9 0 0 0 TOTAL 117 900 117 1,740 0 +840 9LAND USE COMPARISON Land Use Entitlements vs. Proposed Amendments * Slopes areas within the park boundaries greater than 4:1 are ineligible for park credit; therefore, the Project is credited for only 2.56 of parkland usable acres. * Page 472 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 10REGIONAL SERVING COMMERCIAL •Current SPA allocates 960,000 square feet of regional serving commercial uses at Otay Ranch Town Center. •Existing mall is approximately 669,700 square feet. •Existing unbuilt entitled commercial space of 290,300 square feet. •Project is requesting the removal of 144,000 square feet of commercial space in the Project Site. Commercial Square Footage Page 473 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11PUBLIC PARTICIPATION Council Policy No. 400-02 July 19, 2022 –Community meeting held at Otay Ranch Town Center Questions/ Concerns: •Market status of proposed residential units •Potential commercial uses •On-site vehicular circulation •Potential impacts to parking, noise and public infrastructure Page 474 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 12 Fourth Addendum to FEIR No. 02-04 Identifies circumstances within the proposed project not analyzed in FEIR No. 02-04 (April 1, 2003): •Project proposes to reduce the entitled commercial square footage from 960,000 to 816,000 square feet (reduction of 144,000 square feet) •Residential land use change: o Impacts to land use compatibility and compliance was determined to be less than significant and no mitigation required o Existing parking can accommodate existing and future parking with an excess of 101 spaces o Project will generate the same amount of daily traffic as the original entitled commercial center •No new significant environmental impacts ENVIRONMENTAL REVIEW Page 475 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13PLANNING COMMISSION Planning Commission Recommendation September 25, 2024 –Planning Commission recommended approval to City Council (Vote: 7-0) Items discussed with the Commission: •Traffic and parking impacts •Regional commercial space reduction •Parkland obligation •Current temporary recreational use City received 65 written comments in opposition and 2 written comments in support. Page 476 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 14DEVELOPMENT AGREEMENT Phase 1 Residential Development trigger of the Development Agreement requires that grading activities commence within the first seven (7) years from the date of execution for the entire Phase 1 Development, which must include construction of a minimum of 100 residential units. If grading activities do not start by this time, the Development Agreement shall immediately and automatically terminate. The City shall have the right to initiate a rezoning action to revert zoning for lots 1, 2, 3, 4, 5, 6 and 9 to Freeway Commercial (“FC”) zoning. Phasing Plan Page 477 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 15DEVELOPMENT AGREEMENT (CONT.) Phase 2 Residential Development trigger of the Development Agreement requires that no less than 435 residential units shall be fully entitled and permitted, with grading completed and vertical construction starting for the entire Phase 2 Development and have all of Phase 1 residential units completed construction and obtained Certificates of Occupancy, within twelve (12) years from the date of execution. If this is not achieved in 12 years, the Development Agreement shall immediately and automatically terminate. The City shall have the right to initiate a rezoning action to revert zoning for lots 1, 2, 5, and H to Freeway Commercial (“FC”) zoning. Phasing Plan Page 478 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 16DEVELOPMENT AGREEMENT (CONT.) Phase 3 Residential Development trigger of the Development Agreement requires that all 840 residential units be fully entitled and have all grading and building permits issued by the City within fifteen (15) years from the date of execution. If this is not achieved in 15 years, the Development Agreement shall immediately and automatically terminate. The City shall have the right to initiate a rezoning action to revert zoning for lots 7 and 8 to Freeway Commercial (“FC”) zoning. Phasing Plan Page 479 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 17 In accordance with CVMC Chapter 19.48.025, the Project requires a dedication of 3.01 acres for Community Purpose Facilities (“CPF”) for a maximum of 840 units and 1.56 acres for a minimum density of 435 units. A CPF Agreement shall be entered into prior to the recordation of the first Final Map. Potential options in the CPF Agreement: •Provide excess of 10% deed restricted residential units on the number of units built in the Project DEVELOPMENT AGREEMENT (CONT.) Community Purpose Facilities Page 480 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 18 •Provide indoor community space on the Mall Property at a ratio of 7,800 square feet of affordable CPF space per 1 acre of required community purpose facility obligation. •The affordable CPF space would be provided an allowance for tenant improvements that would result in a rent-free space on the Mall Property. DEVELOPMENT AGREEMENT (CONT.) Community Purpose Facilities Page 481 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 19 •The Project is required to provide up to 6.57 usable acres of developed parkland if the project constructs 840 multifamily residential units. •If built in phases, the amount of parkland provided in each phase shall be proportional to the units built as indicated in the below chart. DEVELOPMENT AGREEMENT (CONT.) Parkland Obligations Page 482 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 20 •After construction of the 350th residential unit, the remaining parkland obligation of up to 4.01 usable acres will be satisfied via payment of in-lieu park benefit fees. DEVELOPMENT AGREEMENT (CONT.) Public Benefit Contribution •A Public Benefit Contribution of $5,000 per residential unit will be provided to the City Parkland Obligations Page 483 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 21ECONOMIC IMPACT ANALYSIS Page 484 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 22ECONOMIC IMPACT ANALYSIS (CONT.) Table II-1: Recurring Annual Impact – Direct, Indirect, and Induced Economic Impacts – County of San Diego (1) Existing Scenario Proposed Scenario Difference - Gain/(Loss) I. Employment (Full-Time Equivalent) A. Freeway Commercial – Existing 2,643 2,643 0 B. Freeway Commercial – Remaining 1,053 531 (522) C. Residential Mixed-Use 0 15 15 D. Total Employment 3,696 3,189 (507) II. Personal Income A. Freeway Commercial – Existing $179.6 M $179.6 M $0.0 M B. Freeway Commercial – Remaining $71.5 M $36.0 M ($35.5) M C. Residential Mixed-Use $0 M $0.7 M $0.7 M D. Total Personal Income $251.1 M $216.3 M ($34.8) M III. Economic Output A. Freeway Commercial – Existing $664.5 M $664.5 M $0 B. Freeway Commercial – Remaining $264.8 M $133.5 M ($131.3) M C. Residential Mixed-Use $0 M $2.4 M $2.4 M D. Total Economic Output $929.3 M $800.4 M ($128.9) M (1) Defined as follows:  Direct impact includes all direct effects the buildout and stabilization of each scenario on the region.  Indirect impacts are changes caused by business-to-business purchases as they respond to new demands of directly affected industries.  Induced effects are the increased sales within the region from household spending of employees within each sector. Page 485 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 23ECONOMIC IMPACT ANALYSIS (CONT.) Table II-2: Recurring Annual Impact – Total Direct, Indirect, and Induced Economic Impacts – City of Chula Vista (1) Existing Scenario Proposed Scenario Difference - Gain/(Loss) I. Employment (Full-Time Equivalent) A. Freeway Commercial – Existing 2,070 2,070 0 B. Freeway Commercial – Remaining 825 416 (409) C. Residential Mixed-Use 0 11 11 D. Total Employment 2,895 2,497 (398) II. Personal Income A. Freeway Commercial – Existing $128.4 M $128.4 M $0 B. Freeway Commercial – Remaining $51.1 M $25.7 M ($25.4) M C. Residential Mixed-Use $0.0 M $0.5 M $0.5 M D. Total Personal Income $179.5 M $154.6 M ($24.9) M III. Economic Output A. Freeway Commercial – Existing $466.2 M $466.2 M $0 B. Freeway Commercial – Remaining $185.7 M $93.6 M ($92.1) M C. Residential Mixed-Use $0.0 M $1.6 M $1.6 M D. Total Economic Output $651.9 M $561.4 M ($90.5) M (1) Defined as follows:  Direct impact includes all direct effects the buildout and stabilization of each scenario on the region.  Indirect impacts are changes caused by business-to-business purchases as they respond to new demands of directly affected industries.  Induced effects are the increased sales within the region from household spending of employees within each sector. Page 486 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CONSIDERATIONS Actions Necessary to Approve the Project: 1.Adopt a Resolution (Resolution A) to: •Certify the Fourth Addendum (IS22-0002) to FEIR 02-04); and •Amend the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Plan Development Plan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area Plan (SPA22-0001); and •Approve Tentative Map (TM22-0002) Page 487 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CONSIDERATIONS Actions Necessary to Approve the Project: 2.Place the following ordinances on first reading: •Ordinance B –Modifications to the Otay Ranch Freeway Commercial Planned Community District Regulations; and •Ordinance C –Change in zoning from commercial to mixed-use residential; and •Ordinance D –Development Agreement allowing the Project to be constructed in phases; the Community Purpose Facility obligation, Parkland obligation and a Public Benefit Contribution.Page 488 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CONSIDERATIONS Actions Necessary to Deny the Project: Adopt a Resolution (Resolution E) to deny a Fourth Addendum (IS22- 0002) to the Final Second Tier Environmental Impact Report (FEIR 02- 04), Amendments to the Chula Vista General Plan (GPA22-0001), the Otay Ranch General Plan Development Plan (GDPA22-0001), the Otay Ranch Freeway Commercial Sectional Planning Area Plan (SPA22- 0001), including Associated Regulatory Documents, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement.Page 489 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 27REGIONAL SERVING COMMERCIAL EXAMPLE Commercial Square Footage Page 490 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 28REGIONAL SERVING COMMERCIAL •As an Example -As currently built, the existing mall has a Floor Area Ratio (FAR) of 0.196. •14.23 acres currently vacant in proposed rezone area. •14.23 * 0.196 = 121,492 square feet of commercial space that could be developed today. •The rezoning of these acres is a lost opportunity for regional serving commercial to be built. Commercial Square Footage Page 491 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 FOR CITY COUNCIL CONSIDERATION NOVEMBER 2024 Otay Ranch Town Center –Mixed Use Page 492 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 OTAY RANCH TOWN CENTER History Town Center Opening, Oct. 2006 Page 493 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 OTAY RANCH TOWN CENTER Transition Page 494 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 OTAY RANCH TOWN CENTER Marketing to Retailers Page 495 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 OTAY RANCH TOWN CENTER Marketing to Retailers Page 496 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6 OTAY RANCH TOWN CENTER Future Page 497 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7 OTAY RANCH TOWN CENTER Project Objectives •Rezoning for activation of vacant spaces as mixed-use community •Addition of residential and park space, integrated into existing retail Looking East Page 498 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 8 OTAY RANCH TOWN CENTER Project Objectives •Realigned & Improved Town Center Drive •Revitalized & Transformed Main Street •Reimagined Retail on Main Street •Integrating Residents to Town Center Community Page 499 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 9 OTAY RANCH TOWN CENTER Project Phasing Page 500 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 10 OTAY RANCH TOWN CENTER Pedestrian & Bike Connectivity Page 501 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11 OTAY RANCH TOWN CENTER Tentative Map & Highlights •Redefined entry with realignment of Town Center Drive •Land uses aligned with surrounding community •Revitalized community spaces and parks •Optimized connectivity Page 502 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 12 CONCEPTUAL ELEVATIONS For-Sale 3 Story Townhomes Townhome s Page 503 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13 CONCEPTUAL ELEVATIONS 3 & 4 story Walk Up Apartments Apartment Homes Page 504 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 14 VISION Community Page 505 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 15 VISION Main Street Page 506 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 16 VISION Residential Page 507 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 17 VISION Town Center Dr Page 508 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 18 COMMUNITY ENGAGEMENT Feedback & Dialogue •Community Advisory Group (CAG) •Text & social media campaigns •Outreach to HOAs •Mail Signage •Farmers Markets •Briefings with community members •Open House Communi ty •Chula Vista Chamber of Commerce •South County EDC •YIMBY Democrats •First Friday Breakfast •Briefings with mall tenants •School District Organizatio ns Page 509 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 19 COMMUNITY ENGAGEMENT Community Advisory Group (CAG) Brenda Aguirre Chula Vista Community Member Genevieve De Perio Fong Chula Vista Community Member Skii Fleeton Chula Vista Community Member Jamie Friesen Chula Vista Community Member Monica Montaño Chula Vista Community Member Christine Antoine Chula Vista Community Member Community Members Earl Felisme Chula Vista Community Member Katia Callahan Chula Vista Community Member Nadia Kean-Ayub Chula Vista Community Member Mark Liuag Chula Vista Community Member Karen Ann Daniels Chula Vista Community Member Randy Torres Van-Vleck Chula Vista Community Member Community Members Mark Sheffield School of Rock Tiago Carnerio Novo Brazil Victor Lopez El Pollo Grill Daisy Mirador Great American Cookies Laura Humprehys South Bay YMCA Rick Richardson Child Development Associates Town Center Tenants Lourdes Valdez CalPrivate Bank Jim O’Callaghan South County EDC Jason Paguio Asian Business Association Yvonne Cromer Pacific SW Association of Realtors Sassan Rahimzadeh ARYA Cleaners Jason Paguio Asian Business Association Business Community Nonprofits Page 510 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 20 COMMUNITY ENGAGEMENT Project Support Page 511 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 21 REQUEST ENTITLEMENTS Summary •Rezone of approximately 10 acres to allow residential and mixed use. •This approval is not approving any specific building. That will be a separate submission. •Residential could be for-sale or apartments based on market demand. •The project is phased •Phase 1 term is 7 years and has a minimum density of 20/acre on a 4 acre parcel •Phase 2 term is another 5 years and adds 4 more acres and total development must total 435 units •Phase 3 term adds another 3 years and must have a cumulative 840 units Page 512 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 22 Color and copy tips There has been a purposeful shift to leverage more of the electric blue in primary palette and keep neon colors for accent only. 1.Section heads should leverage the large electric blue numbers to match the number in the agenda slides. 2.Never use neon colors for font due to readability issues. And limit the use of coral + neon green together on the same slide. 3.4.Adjust chart colors to have different combinations of outlines and pattern fills rather than off-brand colors 5.Keep copy short and punchy, and avoid spanning sentences across the entire page Style Guide and Design Files (Brand and Copy) PW: 2R5TjbN3Mx 6.Titles should use lowercase sentence style.7.Captions overlaid on photos should leverage all capital letters. 8.Font size should take into consideration screen size of projection. Small screens may need to increase font size to be legible. Thank You. Page 513 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 23 APPENDIX Page 514 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 24 UPCOMING Process & Milestones Product Selection & Phasing Analysis Land Development Plans, Permits & Final Map Building Permitting Start of Constructio n Page 515 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 25 Phase 1 Townhome Example Page 516 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 26 Phase 1 and 2 3 -and 4 -Story Apartment Example Page 517 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 27 Phase 2 3 -and 4 -Story Apartment Example Page 518 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 28 Phase 3 Example Page 519 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RESOLUTION NO. _________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS- BORDER POLLUTION IN THE TIJUANA RIVER WHEREAS, the City Council directed staff on November 5, 2024 to return to the next Council meeting with a resolution proclaiming a state of local emergency relating to impacts from cross-border pollution in the Tijuana River Valley; and WHEREAS, Government Code Section 8630 and Chula Vista Municipal Code (CVMV) Section 2.14.070 empower the City Manager, acting as the Director of Emergency Services, to request that the City Council proclaim the existence of a local emergency when the City is affected by a public calamity; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Chula Vista, does hereby find that continued conditions unhealthy for the safety of persons, property, and environment have arisen within said City, caused by persistent impacts from cross-border pollution in the Tijuana River; and WHEREAS, the persistent impact of cross-border flows of treated and untreated wastewater in the Tijuana River, excessive discharge of sediment into the Tijuana Est uary during storm events, and the continued impact of trash and waste tires in the Tijuana River Valley maintains a condition unhealthy for the residents of our region; and WHEREAS, transboundary flows of pollution include untreated sewage, trash, sediment, hazardous chemicals, heavy metals, and toxins continue to impact the Tijuana River, Estuary, coastal waters of the Pacific Ocean, and tributary canyons including Stewart’s Drain, Canon del Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and WHEREAS, the presence of pollution is creating unsafe conditions for residents and visitors who live, work, or recreate in the Tijuana River Valley and may come in contact with contaminated water; and WHEREAS, the flow of the contaminants and untreated wastewater continues to escalate due to inadequate wastewater infrastructure in the City of Tijuana and lack of sufficient operation and maintenance of existing infrastructure; and WHEREAS, this flow is the acknowledged responsibility of the federal governments of the United States and Mexico; and WHEREAS, researchers at the Scripps Institute of Oceanography are studying the relationship of nearshore ocean currents and aerosolized transmission of contaminants as potential public health concerns for communities impacted by Tijuana River pollution; and Page 520 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page No. WHEREAS, this condition constitutes an economic and public health threat which warrants and necessitates the proclamation and existence of a local emergency; and WHEREAS, after decades of sewage spills polluting the Tijuana River and after decades of talk and no meaningful action by federal agencies, the City of Chula Vista, Port of San Diego, and City of Imperial Beach filed a lawsuit on March 2, 2018 against the International Boundary and Water Commission for violation of the Clean Water Act which helped secure additional federal funding and commitments to the river valley; and WHEREAS, the renewed federal attention from the Environmental Protection Agency and International Boundary and Water Commission led to a careful assessment of project options to manage pollution and ultimately a recommendation to support “Alternative 2” in the USMCA Programmatic Environmental Impact Statement, which represents the preferred Tijuana River Comprehensive Solution that is supported by the City; and WHEREAS, additional funding and commitments are needed to completely implement the preferred Comprehensive Solution for the Tijuana River; and WHEREAS, the County of San Diego issued a Public Health Emergency order for the Tijuana River in February 2021 and Local State of Emergency in November 2023; and WHEREAS, the County Air Pollution Control District and Scripps Institute of Oceanography are monitoring potential impacts to air quality related to the ongoing sewage crisis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The above recitals are true and correct. 2. A local emergency exists throughout the City of Chula Vista. 3. The City Manager, Mayor, and Council members are authorized to work with local, State, Federal, and Mexican authorities to improve conditions in the Tijuana River and to explore any and all options to improve conditions in the Tijuana River. 4. This proclamation of a local emergency shall expire within the time frames prescribed by State law unless renewed by the City Council. Presented by Approved as to form by John McCann Marco A. Verdugo Mayor City Attorney Page 521 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 From: alan mil Sent: Saturday, November 9, 2024 10:42 AM Subject: Mexico Sewage Chula Vista Vote - Senator padilla Sued American Companies IGNORES PUNTA BANDERA SEWAGE PLANT DUMPS 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 COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS BCC TO COMMUNITY FED UP TAX LIES @CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record Comment the next scheduled Chula Vista City Meeting NOVEMBER 12 TUESDAY 5PM AGENDA 8.6. MEXICO CONTINUES DUMP RAW SEAWGE SEE DETAILED EMAIL BELOW YET NO SOULTION SENATOR PADILLA MET IN CHULA VISTA YEAR AGO FEDERAL EPA CDC FDA ALL IN ATTENDENCE INCLUDING COUNCIL PRESIADO WERE TOLD WITH DATA (SEE BELOW LINKS) MEXICO MULTIPLE PLANTS DUMPING RAW SEWAGE 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 SENATOR PADILLA SOLUTION? PASSED BILLS IN SACRAMENTO ONLY SUE AMERICAN COMPANIES IGNORE MEXICO DUMPING RAW SEWAGE https://leginfo.legislature.ca.gov/faces/billNavClient.x Page 522 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 DAY AFTER GOVERNMENT WORKERS PULLED MEXICO TEMPOARILY SHUP TAPS IMPERIAL BEACH OPEN TODAY SMELLS ARE BACK IMPERIAL BEACH AGAIN CLOSED MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES "Paloma Aguirre, Coastal and Marine Director of WILDCOAST, took us on a journey to the Punta Bandera outfiow, which comes from the sewage treatment plant that processes nearly 40 percent of Tijuana’s sewage. Since 2015, the plant has failed to comply with Mexico’s coastal emissions standards, as we witnessed with the brown water and nauseating stench coming from the outflow. On average, over 20 million gallons of wastewater (treated and untreated) spews from the plant and into the Pacific Ocean each day." https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon SOLUTION - EVERY DAY SAN DIEGO BEACHES CLOSED CLOSED THE BORDER OF THE $BILLIONS OF COMMERCE LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING WATCH HOW QUICKLY MEXICO STOPS 20,000,000 GALLONS DAILY SEWAGE html?bill_id=202320240SB1178 CITY MEETING 5PM TUESDAY 276 FOURTH AVE CHULA VISTA AGENDA 8.2 "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS F ROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. A local emergency exists throughout the City of Chula Vista. The City Manager, Mayor, and Council members are authorized to work with local, State, Federal, and Mexican authorities to improve conditions in the Tijuana River and to explore any and all options to improve conditions in the Tijuana River. This proclamation of a local emergency shall expire within the time frames prescribed by State law unless renewed by the City Council." https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=17538dfd-6c5c-42f8-b2fc- ff6a55940787&Agenda=Merged&lang=English Please reference previous sent email below; CHULA VISTA MEETING TUESDAY VOTE DECLARING STATE OF EMERGENCY CLEANUP @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 Page 523 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 PUBLIC COMMENT. https://www.sandag.org/calendar @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 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 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 Page 524 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 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 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 525 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 OTAY CROSSING IS A FEDERAL SEWAGE ISSUE SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES Page 526 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 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 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 puriflers to locals who have been Page 527 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 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 GOVERNMENT REPEATED FAILURE "SAFETY" MASK HAVE CORRECT CODING? Color Coding NIOSH Approved Respirator Cartridges Organic Vapors - BLACK Page 528 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 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 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 529 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry 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 530 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 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 531 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.2 – Curry Received 11/12/24 https://vote.gov/ Page 532 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE University Now Initiative: Receive White Paper Developed by Southwestern Community College District and the University Now Initiative Committee Through an Agreement with the City of Chula Vista Report Number: 24-0300 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Receive University Now Initiative White Paper developed by Southwestern Community College District and the University Now Initiative Committee through an agreement with the City of Chula Vista. SUMMARY To continue the City’s university planning efforts, in October 2022, the City of Chula Vista and Southwestern College Joint Task Force for University Center (the “Joint Task Force”) considered and approved a joint partnership proposal seeking state funding for academic program planning, aligned with workforce and industry needs, with recommendations to aid in university recruitment. In accordance with the action and direction of the Joint Task Force, the City of Chula Vista and Southwestern Community College District (“SWC”) entered into an agreement on May 23, 2023, for SWC to conduct an academic program planning study, emphasizing workforce and academic program mapping. The White Paper identifies academic and instructional programs that provide SWC with new or enhanced academic opportunities to support the region’s current and future workforce. The White Paper also outlines findings to inform specific legislative and funding actions for the City to consider in its pursuit of a university. The University Now Initiative Committee was convened to support this work. Page 533 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Since 1993, the City of Chula Vista has pursued a strategic, long-term vision to develop a University Innovation District on City-owned land to serve Chula Vista and South San Diego County and has taken actionable steps to turn this vision into a reality. The City has engaged in a number of studies related to land planning efforts and establishing a vision for the University Innovation District (“UID”). To continue the City’s university planning efforts, in October 2022, the Joint Task Force considered and approved a joint partnership proposal seeking state funding for academic program planning, aligned with workforce and industry needs, with recommendations to aid in university(ies) recruitment. Most recently, the City hired Carrier Johnson + CULTURE, a world-renowned planning architecture, interiors, and landscaping design firm to conduct a feasibility study for the initial phase of UID development. The feasibility study will include conceptual renderings, a phase-development approach, and infrastructure cost estimating for an initial 20 to 30 acres. In accordance with the action and direction of the Joint Task Force, the City of Chula Vista and SWC entered into an agreement for the college district to conduct an academic program planning study, emphasizing workforce and academic program mapping. The White Paper identifies academic and instructional programs that provide SWC with new or enhanced academic opportunities to support the region’s current and future workforce. The White Paper also outlines findings to inform specific legislative and funding actions for the City to consider in its pursuit of a university. The goal of the University Now Initiative (“UNI”) is to create a sustainable, binational higher education ecosystem that aligns academic programs with the workforce needs of this region, harnessing the unique and vibrant opportunities for joint academic opportunities with institutions in Baja California. Additionally, the White Paper outlines potential next steps for the City to consider as it moves forward with university recruitment and program development. An academic program and workforce needs assessment was conducted by the San Diego Regional Policy & Innovation Center (“SDPIC”) in collaboration with SWC and the City of Chula Vista. The assessment utilized a mixed-methods approach involving surveys, focus groups, and labor market data analysis. The findings, which became the research foundation for the broader study, highlighted a strong demand for bachelor’s degree programs in South San Diego County, particularly in fields such as business, healthcare, technology, and the arts. Employers in the region emphasized the importance of both technical skills and soft skills in the workforce, such as problem-solving, communication, and adaptability, with a growing focus on preparing for emerging technologies like artificial intelligence (“AI”) and automation. Additionally, the research identified Page 534 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 147 priority occupations that align with regional economic needs, informing the academic program planning process. The White Paper recommends the expansion of academic programs that align with the region’s workforce demands, emphasizing partnerships between SWC, the University of California, and the California State University systems. This presents an opportunity for SWC to expand its educational programs. The report also underscores the importance of establishing clear transfer pathways and addressing gaps in existing educational offerings. Furthermore, it highlights the role of community involvement, ensuring that the initiative remains accessible and responsive to the needs of local residents, while leveraging binational collaboration to foster a dynamic and inclusive higher education ecosystem. The UNI effort and this White Paper provide important information to further advance the development of a university district in Chula Vista by supporting ongoing efforts to create a sustainable, binational higher education ecosystem in South San Diego County that aligns academic programs with the workforce needs of the region. Staff recommends City Council receive the UNI White Paper to support continued development and implementation of the City’s University Innovation District. 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 current-year fiscal impact as a result of receiving the UNI White Paper. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of receiving the UNI White Paper. Any recommendations from the White Paper that the City wishes to implement would be considered during a future budget process. ATTACHMENTS 1. University Now Initiative White Paper 2. May 23, 2023 City Council Agenda Item #23-0131, Staff Report - Academic Program Planning Agreement 3. Academic Program Planning Agreement Staff Contact: Tiffany Allen, Assistant City Manager Page 535 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda UNIVERSITY NOW INITIATIVE White Paper October 2024 Page 536 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Prepared by: The University Now Initiative Committee TABLE OF CONTENTS EXECUTIVE SUMMARY 2 INTRODUCTION 6 Vision for Aligning Workforce Needs with Academic Program Planning 7 Focus of the Study: Academic Program Planning 8 REFINING OF RESEARCH RESULTS AND COMMUNITY ENGAGEMENT 13 Common Themes Across All Listening Sessions 14 Unique Themes from Specific Groups 14 FACULTY RESEARCH 16 Prioritized Academic Degree Programs for Partnership 16 Opportunities Identified 16 Challenges to Address 17 ACADEMIC PROGRAM CONSIDERATIONS AND RECOMMENDATIONS 18 Academic Program Priority Recommendations 19 Academic Planning and Legislative Recommendations 26 LOOKING AHEAD: SUPPORTING THE UNIVERSITY INNOVATION DISTRICT 30 City of Chula Vista’s University District Vision 30 Examination of Model Multi-Institution of Higher Education Sites 30 City University of New York (CUNY), New York City, NY 31 Auraria Higher Education Center (AHEC), Colorado 32 CONSIDERATIONS IN CREATING THE UNIVERSITY DISTRICT “ROADMAP”34 Overview 34 Governance Considerations: Joint Powers Authority and Special Purpose District 34 Finance: Mixed Funding Model Examples 36 FINAL THOUGHTS 38 APPENDIX 39 1 Page 537 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EXECUTIVE SUMMARY Since 1993, the City of Chula Vista has pursued a strategic, long-term vision to develop a University Innovation District on City-owned land to serve Chula Vista and South San Diego County and has taken actionable steps to turn this vision into a reality. The City has engaged in a number of studies related to land planning efforts and establishing a vision for the University Innovation District (UID). City of Chula Vista’s University Vision A Binational Campus that leverages the border as a laboratory to attract students from both the U.S. and Mexico offers degrees and skills training specific for the binational region, and serves as a catalyst for growth and economic development To continue the City’s university planning efforts, in October 2022, the City of Chula Vista and Southwestern College Joint Task Force for University Center (the “Joint Task Force”) considered and approved a joint partnership proposal seeking state funding for academic program planning, aligned with workforce and industry needs, with recommendations to aid in university(ies) recruitment. Most recently, the City hired Carrier Johnson + CULTURE, a world-renowned planning architecture, interiors, and landscaping design firm to conduct a feasibility study for the initial phase of UID development. The feasibility study will include conceptual renderings, a phase-development approach, and infrastructure cost estimating for an initial 20 to 30 acres. In accordance with the action and direction of the Joint Task Force, the City of Chula Vista and Southwestern Community College District entered into an agreement for the college district to conduct an academic program planning study, emphasizing workforce and academic program mapping. The White Paper identifies academic and instructional programs that provide Southwestern College (SWC) with new or enhanced academic opportunities to support the region’s current and future workforce. The White Paper also outlines findings to inform specific legislative and funding actions for the City to consider in its pursuit of a university. The goal of the University Now Initiative (UNI) is to create a sustainable, binational higher education ecosystem that aligns academic programs with the workforce needs of this region, harnessing the unique and vibrant opportunities for joint academic opportunities with institutions in Baja California. Finally, the White Paper outlines potential next steps for the City to consider as it moves forward with university recruitment and program development. An academic program and workforce needs assessment was conducted by the San Diego Regional Policy & Innovation Center (SDPIC) in collaboration with SWC and the City of Chula Vista. The assessment utilized a mixed-methods approach involving surveys, focus groups, and labor market data analysis. The findings, which became the research foundation for the broader 2 Page 538 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda study, highlighted a strong demand for bachelor’s degree programs in South San Diego County, particularly in fields such as business, healthcare, technology, and the arts. Employers in the region emphasized the importance of both technical skills and soft skills in the workforce, such as problem-solving, communication, and adaptability, with a growing focus on preparing for emerging technologies like artificial intelligence (AI) and automation. Additionally, the research identified 147 priority occupations that align with regional economic needs, informing the academic program planning process. This White Paper recommends the expansion of academic programs that align with the region’s workforce demands, emphasizing partnerships between SWC, the University of California, and the California State University systems. This presents an opportunity for SWC to expand its educational programs. The report also underscores the importance of establishing clear transfer pathways and addressing gaps in existing educational offerings. Furthermore, it highlights the role of community involvement, ensuring that the initiative remains accessible and responsive to the needs of local residents, while leveraging binational collaboration to foster a dynamic and inclusive higher education ecosystem. The next steps involve considering governance structures, pursuing funding strategies, and solidifying partnerships to achieve the long-term vision of a thriving university district in Chula Vista. For purposes of this report, “university district” means the academic focus, potential multi-institutional campus and its infrastructure in the City of Chula Vista University Innovation District. Workforce-Aligned Degrees for Recruitment/Expansion Consideration Priority workforce-aligned degrees were identified through a comprehensive process that included a workforce and academic needs assessment, input from various interest holders, consultation with university partners, and faculty research. The priority programs address binational, regional, and academic demands, with a focus on developing bilingual and bicultural competencies to meet the needs of our diverse region. ● Education ● Engineering ● Computer Science & Artificial Intelligence ● Public Administration ● Public Policy ● Conservation & Resource Studies ● Marketing Analytics ● Film & Media Arts Recommended Priority Degree Programs for Recruitment/Expansion While the study identified several academic programs for potential expansion, the following were prioritized based on feasibility, faculty recommendations, potential binational partnerships, and institutional capacity. ● Nursing ● Public Health ● Conservation and Resource Studies ● Film and Media Art 3 Page 539 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Recommended Potential Baccalaureate Programs at Southwestern College In collaboration with SWC faculty, potential baccalaureate programs to address regional workforce demands, with a focus on bicultural and bilingual education, were identified. ● Transborder Building Design, Technology, and Urbanism (TBDT&U) (Bachelor of Science, Architecture) ● Music, with a concentration in Mariachi ● English, with a concentration in Teaching English to Speakers of Other Languages (TESOL) ● Allied Health Administration ● Interaction Design Academic Planning and Legislative Recommendations These recommendations were informed by the opportunities identified in the University Now Initiative research, consideration of California Community Colleges Chancellor's Vision 2030, and the findings and recommendations of the Joint Legislative Audit Committee. 1. Anchoring Academic Programs in Partnerships: Prioritize, but do not limit to, the recruitment of non-competitive academic programs that are anchored in partnership between SWC and the University Partner. Anchoring new programs in partnership prevents duplication of resources and fosters collaborative growth, maximizing the region’s educational impact without creating internal competition. 2. Prioritizing Local and Binational Partnerships: Ensure academic program expansion prioritizes, but does not exclude, partnerships and collaborations between SWC, regional public institutions of higher education, and Baja California university partners. Prioritizing partnerships with local and binational institutions enriches the learning environment through diverse perspectives and strengthens cross-border educational opportunities without limiting flexibility. 3. Legislation Incentivizing Dual-Admission Programs: Legislation that incentivizes dual-admission with community colleges and K-12 schools systems, and 2+2 university programs with key regional universities and K-12 school systems, particularly in high-demand fields such as healthcare. Dual-admission programs streamline the student pipeline, making higher education more accessible and responsive to regional workforce demands, particularly in critical fields like healthcare. 4. Legislation Supporting System Collaboration for Transfer Pathways: Legislation that supports and funds system collaboration between community colleges and the CSU and UC systems that strengthen transfer pathways for in-demand degree programs that meet regional workforce needs. Funding collaborative efforts strengthens transfer pathways, making them more efficient and aligned with workforce demands, ultimately benefiting students and regional economies. 4 Page 540 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5. Piloting a Regional Faculty Task Force: Consider piloting a regional faculty task force with members from SWC, UC San Diego, and San Diego State University to assess academic program readiness, faculty interest, and curriculum articulation supporting expansion of priority degree programs in South San Diego County. This ensures program development is guided by faculty expertise and regional educational needs. 6. Legislation for Expanding Academic Programs into Underserved Areas: Legislation that incentivizes the expansion of CSU and UC academic programming into community college service areas lacking a public university presence through co-location or satellite campuses. Expanding university presence in underserved areas through co-location or satellite campuses increases access to higher education for communities that otherwise lack such opportunities. 7. Expedited Approval of Community College Baccalaureate Degree Programs (BDP): Legislation that would prioritize and expedite approval of BDP applications from community colleges that are in a service area lacking a public university presence or for a program that previously received approval through the BDP process. Fast-tracking approval of BDP applications in underserved areas ensures timely access to high-demand programs, helping address workforce gaps and providing educational equity. Looking Ahead to the Development of the University and Innovation District To expand the higher education ecosystem in South San Diego County, UNI has focused part of its efforts to help inform the long-term initiative of establishing a multi-institutional campus on 383 acres of land designated for this purpose in eastern Chula Vista. By examining model multi-institution campuses, the team gained insight into potential opportunities and challenges for the City to consider. Key Considerations: ● Look into governance structures such as, but not limited to; Joint Powers Authorities (JPAs) and Special Purpose District (SPDs). ● Explore funding approaches such as formation of community financing districts, pursuing bonds, grants and private public partnerships. ● Engage with the community and binational and academic interest holders to ensure that the urban development plans meet the needs and expectations. Moving ahead successfully requires an examination of various governance frameworks with a focus on adaptability, defining roles and responsibilities, and accountability. Moreover, it is essential to delve into funding models to establish a diversified financial foundation for the university district ensuring stability while maximizing flexibility. Involving the community in discussions and interactive sessions will aid in refining project objectives and garnering backing, ensuring alignment with the aspirations of both the educational institutions and the City of Chula Vista. 5 Page 541 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda With a clear roadmap and strategic leadership, the City and partners can significantly accelerate efforts to enhance educational opportunities within the dynamic higher education ecosystem. 6 Page 542 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda INTRODUCTION The City of Chula Vista has pursued a vision to develop a University Innovation District (university district) on City-owned land since 1993. It took decades for the City to secure the land for the university district with the goals of bringing a university and creating employment opportunities for South San Diego County. Several studies and planning efforts have been conducted over the years to determine the most suitable types of higher education institutions for the site, focusing on land use and economic development. Key milestones include: ●1993:Adoption of the Otay Ranch General Development Plan with a university vision. ●2001-2014:Acquisition of 383 acres of land designated for the UID. ●2006 Report:University Park and Research Center Chula Vista Study: Creating a Binational Collaborative for Higher Education, Research, and Technology ●2016:A study by U3 Advisors outlined a multi-phase process to attract a higher education partner and potential funding sources with a continued emphasis on binational collaboration. ●2018:The UID Sectional Planning Area Plan and Environmental Impact Report were completed, setting the stage for partnerships with universities . ●2023:University Now Initiative was established through a partnership with SWC, the City of Chula Vista, and with support from the California State Legislature to build a thriving ecosystem of higher education in Chula Vista by identifying priority academic programming opportunities. ●2024:The City of Chula Vista engages Carrier Johnson + CULTURE to conduct a feasibility study focused on a 20 to 30 acre section in the UID. The study will include conceptual planning and infrastructure cost estimating for an initial phase of development. The university district is entitled to accommodate four million square feet of academic space, two million square feet of UID non-residential uses, 1.6 million square feet of onsite student and faculty living, two million square feet of market-rate and affordable residential housing units, and 160 acres of beautiful open space surrounding the district. These entitlements are anticipated to support 20,000 students, 6,000 faculty/staff, and 8,000 innovation district jobs. Chula Vista remains the only city in California with a population of more than 200,000 that does not have a public university within its boundaries, nor is there a public university anywhere else in South San Diego County. 7 Page 543 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SWC is the only public institution of higher education in South San Diego County. SWC is a two-year community college providing associate degrees for transfer, associate and career education certificates for workforce advancement, and non-credit courses for life-long learning. SWC serves as a transfer pathway to four-year universities and provides dual enrollment opportunities for high school students. The UNI effort and this White Paper provide important information to further advance the development of a university district in Chula Vista by supporting ongoing efforts to create a sustainable, binational higher education ecosystem in South San Diego County that aligns academic programs with the workforce needs of the region. Vision for Aligning Workforce Needs with Academic Program Planning The vision behind the University Now Initiative (UNI) is to create a thriving, binational higher education ecosystem that supports the binational region’s economic development by producing a skilled workforce aligned with industry demands. This initiative is a partnership between the City of Chula Vista and the Southwestern Community College District, with support from California State Senator Steve Padilla and California State Assemblymember David Alvarez. The UNI Steering Committee, consisting of 50 regional leaders from higher education, business, economic development organizations, and other sectors, provided guidance for this study. The UNI represents a significant step toward creating a sustainable higher education ecosystem that will fuel economic growth and provide long-term benefits for the residents of South San Diego County. 8 Page 544 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Focus of the Study: Academic Program Planning The UNI is centered on academic program planning, a crucial aspect of the broader goal of establishing a thriving higher education ecosystem in the region. This focus is essential because academic program planning aligns the educational offerings of potential university partners with the current and future workforce needs of the region. The initiative aims to equip local students with the skills necessary to thrive in the regional job market by identifying and prioritizing degree programs that meet these needs. The academic program planning study involved: 1.Workforce and academic needs assessment:This includes conducting a workforce needs assessment, mapping high-paying occupations to their required four-year degree programs, and assessing program accessibility through Baja California universities and through the California State University (CSU) and University of California (UC) systems. 2.Academic program priorities:This includes identifying new academic programs that do not currently exist, existing academic programs that can be expanded to meet workforce needs, and academic programs supported by strong transfer pathways or with the potential to be offered by SWC. 3.University recruitment efforts:The findings of this study will inform university recruitment strategies by identifying programs that could fill existing gaps in higher education and assess governance and finance structures needed to support university recruitment efforts. 4.Final White Paper:A comprehensive overview of the study’s findings, including a final list of priority academic programs, legislative recommendations to support university program expansion, and a planning path forward for activating the University Innovation District site. Workforce and Academic Needs Assessment This research, a critical component of the academic program planning process, was conducted by the San Diego Regional Policy & Innovation Center (SDRPIC) in collaboration with Southwestern College and the City of Chula Vista. The research aimed to assess workforce and educational needs, identify priority academic programs, and align these efforts with the region's future growth. SDRPIC is a notable research partner with strong connections to regional government, educational institutions, and economic development organizations. SDRPIC is committed to fostering innovation, economic development, and policy research, which positions it well to undertake studies that impact the regional workforce and education landscape. The center’s collaborative approach, involving multiple stakeholders such as local businesses, educational institutions, and public sector entities, further strengthens its credibility. Moreover, its use of 9 Page 545 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda comprehensive data sources, including surveys, focus groups, and labor market data, indicates a rigorous research methodology, enhancing the reliability and relevance of its findings for initiatives like the University Now Initiative (UNI). Methodology The methodology used by the SDRPIC in their assessment of higher education needs in South San Diego County, as detailed in the report "Planning a Thriving Ecosystem of Higher Education in South County," is comprehensive and multi-faceted. The methodology can be broadly categorized into three primary research components: surveys, focus groups, and labor market data analysis. The workforce and education needs assessment was conducted using a mixed-methods approach, incorporating both qualitative and quantitative data. The research drew from: 1. Focus groups with regional business leaders to understand current and future workforce needs. SDPIC conducted three virtual focus groups with South San Diego County business leaders. These focus groups provided qualitative data on employers' hiring needs, industry trends, and suggestions for developing new academic programs. Additionally, to gather insights from the business community, SDPIC conducted a web survey of business professionals from September 2023 to October 2023, receiving responses from businesses in San Diego County, Orange County, and Baja California, Mexico. The survey was distributed through partnerships with local business organizations and a panel survey company, resulting in 212 responses. 2. Surveys of employers across San Diego County, Orange County, and Baja California, Mexico, were used to gather insights on hiring challenges and required skills. 3. A representative survey of 1,000 San Diego County residents to understand their educational aspirations and barriers. SDRPIC conducted a representative sample survey of 1,000 San Diego County residents from August 2023 to September 2023. This survey was also available online in both English and Spanish and targeted adults aged 18 and older. The respondents were selected to match the target population on age, sex, and zip code of residence to ensure that the survey results were representative of the broader population. The survey aimed to uncover educational challenges, opportunities, and interests among the residents, focusing on their satisfaction with their ability to earn a bachelor's degree, the barriers they faced, and their preferences for course modalities. 4. Labor market data from the Bureau of Labor Statistics and other sources to assess job availability, wages, and educational requirements. SDRPIC utilized labor market information from the U.S. Census and Bureau of Labor Statistics to identify workforce needs. They analyzed data on the number of jobs, entry-level requirements, wages, and industry trends to determine the most valuable academic programs to recruit to the region. This analysis also included identifying priority occupations that pay self-sufficient entry-level wages and do not require graduate degrees or more than four years of work experience. 10 Page 546 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5. Analysis of existing programs at regional colleges and universities to identify gaps in the education offerings that align with workforce needs. SDRPIC employed a systematic methodology to analyze existing educational programs in the region as part of their assessment. This multi-step methodology provided a comprehensive view of the existing educational landscape and informed the recommendations for developing new programs that align with regional economic needs. Their approach can be outlined as follows: 1. Identification of Priority Occupations: SDRPIC first identified 147 priority occupations critical to the regional economy. These were occupations that paid self-sufficient entry-level wages, did not require graduate degrees or more than four years of work experience, and were projected to hire at least 50 new workers annually. These occupations were used as a benchmark to assess the alignment between the regional educational offerings and the labor market needs. 2. Mapping Academic Programs to Occupations: SDRPIC utilized the Classification of Instructional Programs (CIP) to Standard Occupational Classification (SOC) crosswalk—a tool developed by the National Center for Education Statistics (NCES) and the Bureau of Labor Statistics (BLS)—to match academic programs with occupations based on the required skills and knowledge. This mapping was instrumental in determining which programs effectively prepare students for the identified priority occupations. 3. Regional Program Availability Analysis: The center conducted an in-depth analysis of the existing academic programs offered by public universities in the region, including California State University San Marcos (Cal State San Marcos), San Diego State University (SDSU), and the University of California San Diego (UC San Diego). They assessed 242 bachelor’s degree programs to determine their alignment with priority occupations. They identified gaps where no bachelor’s programs existed for specific occupations and highlighted areas where new programs could be developed to meet regional needs. 4. Assessment of Mismatch in Education Levels: An essential aspect of the analysis was identifying the mismatch between the level of education provided by institutions like SWC and the typical entry-level education required by many of the priority occupations. This analysis helped to identify gaps in the current educational offerings and highlighted the need for bachelor’s degree programs in South San Diego County to better align with workforce requirements. Overall Findings The report revealed a significant demand for higher education in South San Diego County, particularly bachelor's degree programs. Key findings include: ●40 percent of South San Diego County residents expressed interest in enrolling in a bachelor’s degree program within the next two years, compared to 27 percent in the rest of the county. 11 Page 547 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ● Popular fields of interest among residents include business, technology, healthcare, and the arts. ● Employers highlighted a demand for both technical skills and soft skills, such as communication, problem-solving, and adaptability. They also expressed concern about preparing the workforce for emerging technologies like artificial intelligence (AI) and robotics. The study identified 147 priority occupations that align with the region's workforce needs. These occupations were selected based on criteria such as wage sustainability, accessibility to recent graduates, and sufficient job openings. Adjustments were made to reflect future trends, such as automation, climate change, and nearshoring, resulting in a future-adjusted list of priority occupations. Priority Occupations The priority occupations identified in the workforce needs assessment include jobs that pay self-sustaining wages, require a bachelor’s degree at entry, and have substantial job openings. These occupations are critical for supporting regional economic growth and include positions in fields such as healthcare, technology, and business. Priority Degree Programs Based on the workforce needs, the priority academic programs recommended for development are focused on preparing students for these high-demand occupations. These programs emphasize practical skills and knowledge in areas such as computer science, nursing, business administration, and cybersecurity. The figure on the next page demonstrates the impact of current trends on future occupations. SDRPIC used business concerns from the focus groups and a literature review to identify trends expected to impact the local job market over the next 10 years. 12 Page 548 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13 Page 549 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda REFINING OF RESEARCH RESULTS AND COMMUNITY ENGAGEMENT University Partner Consultation In addressing the issue of degree programs identified as unavailable in SDRPIC’s report, it’s important to note that some of these discrepancies were due to differences in how academic programs are classified using the Classification of Instructional Programs (CIP) codes versus the specific names of the degree programs at the universities. The CIP code system is a standardized method used by educational institutions to categorize academic programs based on their content, but the actual naming of these programs by universities may not always directly reflect the CIP classification. For example, a university might offer a program that covers the necessary skills and knowledge for a particular occupation, but the program’s title might not directly match the CIP code associated with that occupation. This can lead to instances where a program appears to be unavailable according to the CIP code analysis, even though the university does, in fact, offer relevant coursework or degrees. SDRPIC’s analysis took this into account by cross-referencing CIP codes with the titles and descriptions of degree programs at local universities, ensuring that recommendations were based on a thorough understanding of what is truly available to students. By acknowledging these nuances in program classification and naming, we were able to refine their recommendations, ensuring that they accurately reflected the educational landscape. This careful consideration helped to avoid unnecessary duplication of programs and instead focused on areas where genuine gaps existed, thereby optimizing the alignment between local educational offerings and the region’s workforce needs. By engaging in regular consultations with key academic partners, including Cal State San Marcos, SDSU, and UC San Diego, we were able to gain deep insights into existing academic offerings and identify opportunities for program enhancement. Through these strategic partnerships, a set of recommendations were created that are both academically rigorous and practically viable, laying the groundwork for a thriving ecosystem of higher education in South San Diego County. Listening Sessions The listening sessions for the Workforce and Academic Programs Needs Assessment report, held with various community groups, highlighted a mix of common themes and unique concerns relevant to each group. The sessions with youth, bilingual residents, community members, health care and education industries, business leaders, and a joint session with the Chula Vista City Council and SWC Governing Board provided insight into the community's priorities, concerns, and hopes for the future of education and workforce development in the region. Here 14 Page 550 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda is a summary of the themes that emerged across all listening sessions, followed by a highlight of themes unique to each group. Common Themes Across All Listening Sessions 1. Opportunities for Growth and Development: Participants across all sessions expressed excitement about the potential growth and development that new educational programs and workforce initiatives would bring to the region. There was widespread enthusiasm about increased job opportunities, accessible education, and the overall economic development that a new university or expanded academic programs could foster . 2. Accessibility and Affordability: Every group echoed concerns about making education accessible and affordable. Participants stressed the importance of ensuring that local residents, especially those from marginalized or underrepresented communities, have access to new opportunities. The affordability of tuition and housing was a recurring theme, with many fearing that without careful planning, these initiatives might exclude the populations they are meant to serve . 3. Need for Community Involvement and Buy-In: Many participants emphasized the importance of community involvement in the planning and implementation of these initiatives. Ensuring that the voices of local residents, businesses, and other stakeholders were heard and incorporated into decision-making was seen as vital to the success of the programs. 4. Concerns About Infrastructure and Support Systems: Across all sessions, participants raised concerns about the supporting infrastructure required to make these initiatives successful. This included concerns about transportation, housing, clinical placements for healthcare students, and the availability of necessary support services for students. Unique Themes from Specific Groups 1. Youth: Youth participants were excited about the prospect of local opportunities for higher education, which would reduce the need to travel long distances for college. They also focused on the importance of programs that aligned with their career interests, including STEM, arts, and sports. Concerns about the environment, including potential damage to ecosystems, also stood out . 2. Bilingual Residents: Bilingual residents highlighted the need for multilingual education and communication to ensure that all community members are aware of the new opportunities. They stressed the importance of outreach to underrepresented groups, such as veterans and those in smaller communities, to ensure that no one is left out of the process . 15 Page 551 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3. Healthcare Industry: Healthcare industry participants were particularly focused on the need to expand healthcare education and training opportunities in the region. Concerns about clinical placements, faculty buy-in, and ensuring that healthcare programs are aligned with workforce needs were prominent. They also emphasized the importance of developing local talent to meet the growing demands of the healthcare sector . 4. Education Industry: Education industry participants stressed the importance of aligning educational programs with workforce needs and ensuring that programs are designed to serve the community effectively. They raised concerns about the complexity of articulating courses and programs across different institutions and the need for a clear and consistent strategy moving forward . 5. Business Leaders: Business leaders emphasized the need for strategic partnerships and ensuring that educational programs are aligned with the needs of local industries. They were particularly concerned with ensuring that new programs are designed with future workforce demands in mind, especially in fields such as green technology, aviation, and agriculture . 6. Joint Session with Chula Vista City Council and Southwestern College Governing Board: This session focused on the broader strategic implications of the initiatives, including the need for binational involvement and opportunities for cross-border collaboration with Baja California. Participants also emphasized the importance of transfer agreements and ensuring that students have clear pathways to higher education. 16 Page 552 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda FACULTY RESEARCH As part of the UNI’s Academic Program Planning Study, SWC and UC San Diego faculty produced separate reports that identified academic degree programs for expansion and opportunities for transfer partnerships. Faculty input is essential for understanding both the current demands of students and the regional workforce, as well as the institutional capabilities to deliver high-quality academic programs. The following section highlights the program priorities, opportunities, and challenges that were identified in both the SWC Faculty Research Report and the draft UC San Diego Faculty Research Report. 1 Prioritized Academic Degree Programs for Partnership 1. Public Health: Both faculty papers strongly support public health as a high-priority area for partnership. SWC’s Public Health Associate Degree aligns well with UC San Diego’s Public Health Bachelor’s Program, making this a seamless transfer opportunity. This field addresses growing workforce needs in healthcare and community health. 2. Health Sciences: Expanding partnerships in health sciences is a key focus. SWC offers an Associate in Arts – Transfer Degree in Preparation for Allied Health Programs, which could align with UC San Diego’s expertise in health sciences and any development of a general Health Sciences degree. Both institutions are interested in exploring stackable health-related certificates to further enhance healthcare education. 3. STEM Fields (Engineering and Computer Science):STEM degree programs, particularly in engineering and computer science, are identified as priorities due to their high demand in the job market. SWC’s associate degrees in engineering and computer information systems provide solid foundations for transfer to UC San Diego’s programs in structural engineering,bioengineering, and data science. 4. Education: Both papers highlight the need for partnerships in education, particularly in teacher preparation programs. SWC faculty emphasized the demand for degrees in early childhood education and K-12 teacher credential programs to address the regional teacher shortage. UC San Diego offers pathways that could be leveraged for transfer and certification in teaching. Opportunities Identified 1. Streamlined Transfer Pathways: Both institutions emphasize the need to establish clear 2+2 transfer pathways, particularly in public health, health sciences, and STEM. 1 Although UC San Diego and SWC faculty conducted specific studies, San Diego State University and others actively participated in the UNI Committee and provided consultation throughout. 17 Page 553 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda This would allow students to complete their associate degrees at SWC and seamlessly transfer to UC San Diego to complete their bachelor’s degrees. 2. Workforce Alignment: Faculty from both institutions prioritize degrees that align with regional job market needs, particularly in healthcare, STEM, and education. Expanding these programs would help address critical labor shortages in the region, especially in bilingual education and STEM-based industries. 3. Shared Use of Facilities: Both institutions see the potential for joint use of facilities, particularly in healthcare and STEM fields. SWC’s health and STEM labs could be leveraged by UC San Diego faculty and students, reducing the need for duplicative infrastructure. Challenges to Address 1. Faculty and Resource Constraints: Both institutions face challenges related to faculty recruitment and resource allocation for expanding programs. Recruiting qualified faculty, particularly in healthcare and engineering, will be essential to supporting the scalability of these programs. 2. Scalability of Programs: There are concerns about the feasibility of scaling up certain resource-intensive programs like bioengineering and healthcare. Both institutions recognize the need for careful planning to ensure sustainability, especially for programs requiring specialized facilities and faculty expertise. 3. Transportation and Accessibility: Both institutional faculty recognized the physical distance between a student's community and a university not only creates logistical challenges but also becomes a significant barrier to educational access, particularly for students who lack reliable transportation or have work and family commitments. This is especially true in regions like South San Diego County, where students are more likely to benefit from having educational programs located within their community. By bringing programs closer to students, universities can increase accessibility and help support student success. In conclusion, both studies demonstrate a clear alignment in prioritizing public health,STEM, and education degree programs, with an emphasis on transfer pathways and workforce alignment. Addressing challenges like resource constraints and transportation will be key to the success of these partnerships, with faculty input serving as a guiding force in decision-making. 18 Page 554 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ACADEMIC PROGRAM CONSIDERATIONS AND RECOMMENDATIONS This section outlines academic programs identified through a comprehensive process informed by a workforce and academic needs assessment, broad input from various interest holders, consultation with university partners, and faculty research findings. The priority programs reflect both binational, regional and academic demands, emphasizing developing bilingual and bicultural competencies to meet the needs of our diverse cross-border region. The programs listed include the academic area, specific degree names from partnering universities and whether similar programs are available regionally. By aligning academic offerings with both community needs and institutional capabilities, these considerations aim to strengthen educational and professional opportunities for students while supporting regional workforce development.2 Health Sciences Nursing (SDSU) Nursing (UABC) Healthcare Administration (no local program) Public Health Public Health (UC San Diego & SDSU) Education Liberal Studies, Emphasis on Education (SDSU) Education Science (UC San Diego) Education (UABC) Engineering Mechanical, Aerospace, Nano, Structural (UC San Diego) Aerospace, Civil Construction Environmental, Mechanical (SDSU) Mechanical, Industrial, Renewable Energy (CETYS) Bioengineer, Civil, Electrical, Nanotechnology (UABC) Agricultural Bioresource Engineering (no local program) Computer Science & Artificial Intelligence Applied Arts and Sciences (SDSU) Computer Science, Specialization in Artificial Technology (UC San Diego) Cognitive Science with Specialization in Machine Learning Neural Computation (UC San Diego) Digital Graphic Design (CETYS) 2 Programs were not listed for consideration if they did not have a viable transfer pathway option from SWC. 19 Page 555 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Public Administration & Public Policy Public Administration (SDSU) Political Science (SDSU) Political Science (UC San Diego) Public Administration and Political Science (UABC) Conservation and Resource Studies Fire Sciences (no local program) Environmental Design (SDSU) Environmental Sciences (UABC) Plant Sciences/Plant Biology (no local program) Marketing Analytics Marketing (SDSU) Marketing (UABC) Film & Media Arts Television Film and New Media (SDSU) Cinematic Arts (UC San Diego) Potential Baccalaureate Programs at Southwestern College Transborder Building Design, Technology, and Urbanism (TBDT&U) (Bachelor of Science, Architecture) Music, with a concentration in Mariachi English, with a concentration in Teaching English to Speakers of Other Languages (TESOL) Allied Health Administration Interaction Design Academic Program Priority Recommendations This section focuses on selecting academic programs for prioritized expansion and outreach. The identified programs were chosen based on feasibility, informed by ongoing discussions, faculty recommendations, potential cross-border partnerships, and institutional capacity. Nursing California's healthcare sector faces a critical shortage of nurses, particularly in underserved areas such as South San Diego County. The partnership between SWC and SDSU, which allows students to transition from an Associate Degree in Nursing (ADN) at SWC to a Bachelor of Science in Nursing (BSN) at SDSU, is a model that addresses both local educational access and workforce shortages. Expanding this partnership into South San Diego County would directly meet the growing demand for highly trained nurses in the region’s healthcare systems. The California Legislature has recognized the need to grow the nursing workforce through key legislative bills (footnote to info on bills) introduced in the 2024-2025 legislative session. The 20 Page 556 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda legislature has taken action to invest in these efforts with the inclusion of $60 million in the 2024-2025 state budget dedicated to expanding nursing programs and partnerships between community colleges and universities. These funds can be allocated to develop additional resources, expand facilities, and increase faculty capacity to accommodate a larger cohort of nursing students. SWC has a robust nursing program with the infrastructure needed to support this expansion, including clinical partnerships with local hospitals and healthcare providers. Coupled with SDSU’s experience in delivering a rigorous BSN curriculum, this collaboration has already proven successful in creating a seamless educational pathway for nursing students. Expanding the SDSU nursing program into South San Diego County, in collaboration with SWC, is a strategic investment that addresses critical workforce shortages, aligns with SB 895, and takes advantage of state funding. This expansion will ensure that South San Diego County residents have greater access to nursing education and career advancement while also meeting the region's growing healthcare needs. Another opportunity for academic program expansion exists with the Autonomous University of Baja California (UABC), a current partner of SWC. UABC offers a Bachelor’s in Nursing, and this partnership presents a unique chance to foster binational education. Through cross-border collaboration, students can benefit from diverse learning experiences, gaining insights into healthcare practices in both the U.S. and Mexico, enhancing their cultural competency and preparing them for careers in an increasingly globalized field. Public Health Due to its proximity to the U.S.-Mexico border and diverse population, South San Diego County has unique public health challenges and research opportunities. Expanding UC San Diego's Public Health degree program would address a significant regional need for locally trained public health professionals. By making the program available locally, UC San Diego would significantly reduce barriers to education for South San Diego County students. Many students in this region face challenges in accessing higher education due to geographic, financial, and time constraints. Requiring students to travel to UC San Diego’s La Jolla campus—a journey that can take over an hour each way by car or public transportation—can be a substantial barrier for non-traditional students, working adults, and those with family commitments. By offering upper-division courses locally, UC San Diego would ensure that students from South San Diego County can complete their Public Health degree without needing to commute long distances, thus fostering greater educational equity. The collaboration between UC San Diego and SWC can be built upon existing institutional strengths. SWC offers a range of foundational courses, particularly in Biology, Chemistry, and Social and Behavioral Sciences, that align with the lower-division requirements for UC San Diego’s Public Health program. 21 Page 557 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Expanding UC San Diego’s Public Health program through co-location on SWC’s University Center or at the City of Chula Vista’s University location creates a pipeline of qualified public health professionals who are well-versed in the specific health challenges of the cross-border region. These professionals would be prepared to work in local public health agencies, hospitals, and community organizations, contributing directly to improving healthcare outcomes in the region. Conservation and Resource Studies The expansion of degree programs in Fire Science and Environmental Design into South San Diego County—through partnerships between SWC and local universities such as SDSU and Autonomous University of Baja California (UABC) —is essential to meeting both regional workforce needs and the educational aspirations of students in the area. South San Diego County faces significant risks related to wildfires, particularly given its proximity to large swaths of undeveloped land and high-density populations. The demand for trained fire safety and management professionals is increasing, particularly in regions prone to wildfires. SWC offers an Associate of Science (AS) in Fire Science Technology, which provides foundational knowledge in fire prevention, emergency response, hazardous materials management, and firefighting techniques . However, there is no local baccalaureate program in Fire Sciences. Expanding this degree into a four-year program or creating a clear pathway to an advanced degree at a partner university would ensure that local students can continue their education without the need to relocate. SWC already provides a comprehensive Fire Science program, including certification for State Fire Training Firefighter . The program is robust, with specialized coursework such as Fire Service Hydraulics,Building Construction for Fire Protection, and Hazardous Materials. Co-locating a four-year degree would allow local students to continue their education seamlessly, fulfilling regional firefighting workforce needs. The growing emphasis on sustainable urban development and the need for resilient infrastructure in the face of climate change makes Environmental Design and Sciences a crucial field, especially in urban regions like San Diego. The development of green spaces, sustainable buildings, and eco-friendly city planning is becoming increasingly important. SWC offers an Associate of Science in Landscape Architecture and an Associate of Science in Environmental Science, which serves as an excellent transfer pathway for students interested in Environmental Design or Environmental Sciences. These degrees align with SDSU’s Environmental Design program and UABC’s Environmental Science program. With existing coursework in Landscape Architecture and resources such as the South Bay Botanic Garden, SWC has the infrastructure to support an expanded degree in Environmental Design and Sciences. Partnering with SDSU and UABC to offer these programs in South San Diego County would enable students to complete their education locally and fill growing cross-border regional demand for professionals skilled in environmental and urban planning. 22 Page 558 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Film and Media Art Expanding either SDSU's Television, Film, and New Media program or UC San Diego's Cinematic Arts program into South San Diego County via a partnership with SWC presents a unique opportunity to address the growing demand for media production professionals. Both programs offer pathways to prestigious degrees in film and media and co-locating one of these programs in South San Diego County would provide local students with easier access to advanced education without the burden of commuting long distances. A Film and Media Arts degree option is uniquely suited to the California-Mexico border region, leveraging the area’s dynamic cultural landscape and proximity to a vibrant binational community. The region is home to an expanding film industry, with productions taking place on both sides of the border, offering local internships, hands-on learning, and collaboration with professionals. The border region, marked by its confluence of diverse narratives, offers rich opportunities for students to explore themes of identity, migration, and cross-cultural exchange—topics that resonate deeply in contemporary media and film production. This geographical context provides a living laboratory for storytelling, where students can engage with bilingual and bicultural experiences, creating content that reflects the diverse voices of the borderlands. Similarly, UC San Diego's Cinematic Arts program blends theory, history, and creative practice, offering students a multidisciplinary approach to film. Given the rich cultural narratives and cross-border dynamics in San Diego, extending UC San Diego’s Cinematic Arts program would enable students to explore diverse storytelling opportunities, reflecting the region's unique cultural environment. SWC's AS degree in Film, Television, and Media Arts aligns well with both SDSU's and UC San Diego’s programs, serving as a strong transfer pathway. SWC’s infrastructure, which includes courses in media production and editing, makes it well-positioned to support either program’s expansion into the region. Co-locating one of these bachelor's degree programs at SWC or the City of Chula Vista’s university district would provide students with access to advanced industry-standard facilities, allowing them to complete their studies locally without the need to commute to La Jolla or SDSU's main campus. Baccalaureate Programs at Southwestern College Many students in South San Diego County face barriers to completing their bachelor’s degrees due to the high costs associated with transferring to private institutions or commuting to universities located farther away, such as UC San Diego or SDSU. Providing baccalaureate programs at SWC would make higher education more accessible, especially for first-generation college students and those from underrepresented communities. This expansion would help close educational attainment gaps and support workforce development within the region. This section explores potential baccalaureate programs that could be offered at SWC to meet regional workforce demands, with an emphasis on bicultural and bilingual programming. Any program implemented would require approval from the California Community College Baccalaureate Degree Pilot (BDP). Additionally, SWC should partner with institutions like 23 Page 559 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda National University to develop faculty through doctoral programs, ensuring qualified instructors are available to teach the upper-division coursework required for these baccalaureate offerings. These efforts aim to strengthen both the academic and professional prospects of students in the community. The San Diego region has critical shortages in areas such as architecture, allied health, music education, teaching English as a second language (TESOL), and interaction design. By offering four-year degrees in these fields, SWC would provide students with the qualifications needed to meet local demand while simultaneously supporting economic mobility through affordable education pathways. SWC is uniquely positioned to offer programs that are culturally and regionally relevant, such as Music with a concentration in Mariachi and Transborder Building Design, Technology, and Urbanism. These programs would cater to the bicultural and bilingual demographics of the region, providing training that resonates with local industries and community needs. Currently, there is no other institution in California offering a degree focused specifically on Mariachi music, making SWC a leader in this field. Transborder Building Design, Technology, and Urbanism (TBDT&U) (Bachelor of Science, Architecture) Architectural Engineering is a priority occupation in regions undergoing significant urban development, such as San Diego and the surrounding areas. Workforce demand for architects in the border region is substantial due to continuous infrastructure growth. Currently, only two private institutions in San Diego offer architectural baccalaureate degrees. The estimated cost of tuition for transfer students ranges between $90,000 and $111,400. The TBDT&U program would afford students economic mobility by allowing them to attain a local four-year degree without drowning in student loan debt. Offering a TBDT&U baccalaureate degree in architecture at SWC would address the unique needs of the region, particularly with a focus on transborder building design and urbanism, which would be locally relevant and distinct. SWC already has a robust architecture program at the associate level, with strong ties to engineering and other related fields. The existing curriculum provides the foundational coursework needed for a baccalaureate degree. Additionally, the college has the facilities and technological infrastructure required to support advanced architectural studies, including labs, drafting studios, and design technology. Faculty members in the architecture program have demonstrated expertise in delivering high-quality education and are well-prepared to offer upper-division courses. The architecture faculty is engaged in ongoing efforts to align the program with regional workforce needs and is supported by partnerships with local institutions such as UC San Diego and Cal Poly Pomona. Music, with a concentration in Mariachi Mariachi music is a culturally significant art form in the San Diego and Baja California regions, and there is no other community college or university in California that offers a degree specifically focused on Mariachi. Given the vibrant cultural heritage of the region, a degree program in Mariachi would not only preserve but also promote this important musical tradition. 24 Page 560 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Many of the Mariachi students at SWC face transfer barriers due to the lack of any Mariachi baccalaureate program in the state. These students are forced to take on multiple part-time jobs teaching mariachi music vs. a full-time job due to the lack of a bachelor’s degree.Music education was identified as a priority occupation requiring a bachelor's degree in our region. SWC was the country’s first college to offer a degree in Mariachi music (A.A., Music with a specialization in Mariachi) and is renowned for its program and faculty. The infrastructure, such as music labs, rehearsal spaces, and performance venues, is already in place, providing a solid foundation for the expansion into a baccalaureate program with a concentration in Mariachi. Faculty members have shown strong interest in expanding the music program, particularly in Mariachi. The expertise of the music faculty, combined with the unique cultural relevance of Mariachi in the region, positions SWC to successfully develop this concentration. Faculty have noted that only minor curriculum adjustments would be needed to introduce upper-division Mariachi courses. English, with a concentration in Teaching English to Speakers of Other Languages (TESOL) The demand for TESOL professionals is high, particularly in cross-border regions where there is a large population of English language learners. A baccalaureate program focused on TESOL would serve the needs of the bilingual and binational communities, helping to address local educational and workforce needs. SWC already offers a range of courses in English and linguistics, many of which align with the needs of a TESOL concentration. The college has the necessary resources, including language labs and a strong faculty foundation, to support a baccalaureate program. Additionally, there is significant potential to partner with local educational institutions and community organizations to provide practicum opportunities for TESOL students. The English department's faculty is highly qualified and has expressed interest in developing a TESOL concentration. Offering a bachelor's degree in TESOL would be a natural extension of the current English curriculum. Faculty have identified key upper-division courses that would need to be developed, such as Introduction to Linguistics, Second Language Acquisition, and TESOL Methods. Allied Health Administration The establishment of a Baccalaureate program in Allied Health Administration at SWC would provide a critical pathway for advancing the careers of students in the region’s robust allied health programs. Health occupations were identified as priority occupations in the region (cite SDRPIC report). Currently, SWC offers associate degrees and certificates in high-demand fields such as Dental Hygiene, Medical Laboratory Technology, Paramedicine, Medical Assisting,and Surgical Technology. These programs successfully train professionals for entry-level and technical roles, but there is a growing need for leaders and administrators in healthcare facilities. 25 Page 561 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda The region is rapidly evolving into a major hub for healthcare services, particularly due to its prominence in medical tourism and the growing demand for healthcare services on both sides of the U.S.-Mexico border. This binational area faces unique challenges and opportunities that require a skilled, bilingual, and culturally competent workforce capable of navigating the complexities of healthcare delivery, administration, and cross-border regulations. The creation of a Bachelor’s degree in Allied Health Administration directly addresses this critical workforce gap by equipping graduates with the skills and knowledge necessary to effectively manage healthcare facilities, coordinate patient care, and ensure compliance with local and international healthcare standards. SWC previously applied to offer a Bachelor of Science in Educator for Allied Health as part of California's early Baccalaureate Degree Pilot Program. This proposal aimed to address the shortage of qualified educators in allied health fields such as dental hygiene, medical lab technology, and paramedicine, recognizing that community colleges require faculty with at least a bachelor's degree to teach these programs. While this initiative identified a critical need, the evolving healthcare landscape now underscores an even more pressing demand for skilled administrators and leaders who can manage healthcare operations, navigate complex regulations, and improve patient care systems. Refocusing the program on healthcare leadership would better meet current workforce needs while allowing graduates the flexibility to move into educational roles, given that leadership and teaching often overlap in curriculum development, staff training, and healthcare education. This adjustment would align the program with both regional labor market demands and the ongoing need for healthcare professionals who can lead and educate in diverse settings. California’s Systems of Public Higher Education:Streamlining the Community College Transfer Process Could Increase Access to Bachelor’s Degrees. A report from the California State Auditor, September 2024 2023-123 California’s Systems of Public Higher Education - California State Auditor This report was requested by the Joint Legislative Audit Committee of California, which directed the California State Auditor's office to evaluate efforts by the state's public higher education systems—California Community Colleges (CCC), California State University (CSU), and the University of California (UC)—to improve the rate of community college transfers. The request was likely motivated by concerns over the low transfer rates and the complexity of the process for community college students. The audit aimed to assess existing barriers and recommend ways to streamline the process to increase access to bachelor's degrees. The report highlights several financial and societal barriers that hinder community college students' ability to transfer to four-year institutions. Financial insecurity is a major challenge, as many students must work to support themselves and their families, making it difficult to prioritize the transfer process while struggling with basic needs like housing and food security. Family responsibilities further limit students' ability to focus on their studies or 26 Page 562 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda attend necessary classes. Additionally, relocation issues arise for those who cannot afford to move or lack access to nearby universities, making transferring even harder. These barriers disproportionately impact underrepresented groups, resulting in lower transfer rates for disadvantaged students. The emphasis of the report is the need for more cross-system collaboration to address several key challenges in the current transfer process between California's public higher education systems. The variability in transfer requirements across the California Community Colleges (CCC), California State University (CSU), and the University of California (UC) creates significant obstacles for students, making it difficult to navigate the process. This inconsistency particularly affects the success of students transferring within four years, with certain demographic groups facing even greater challenges. Although the Associate Degree for Transfer (ADT) provides a more streamlined path to CSU, its effectiveness is hindered by the inconsistent adoption across community colleges and CSU campuses. Meanwhile, UC’s separate transfer options do not offer the same streamlined benefits as the ADT, further complicating the process. Additionally, some CSU and UC campuses and majors have not met the goal of enrolling one-third of new students through transfer, resulting in the underrepresentation of community college students. The lack of adequate support and outreach also contributes to the problem. Many transfer-intending students do not apply to CSU or UC due to the complexity of the transfer process and access to academic counseling, which is oftentimes overburdened in the community college system. Furthermore, CSU and UC outreach efforts could be enhanced through better data sharing by CCC to more effectively target and engage potential transfer students. The audit ends with specific recommendations aimed at making the transfer process more transparent, consistent, and accessible, ultimately increasing the number of community college students earning bachelor’s degrees. Academic Planning and Legislative Recommendations This section outlines key academic planning strategies and legislative recommendations that are designed to support the expansion of four-year degree offerings, enhance transfer pathways, and address the critical issue of limited access to public university education in South San Diego County—a region currently recognized as a public university desert. The legislature may consider advancing recommendations to strengthen educational opportunities that foster greater access to higher education in the thriving Cali-Baja region. 1. Anchoring Academic Programs in Partnerships: Prioritize, but do not limit to, the recruitment of non-competitive academic programs that are anchored in partnership between SWC and the University Partner. Anchoring new programs in partnership 27 Page 563 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda prevents duplication of resources and fosters collaborative growth, maximizing the region’s educational impact without creating internal competition. UNI's recommendation to anchor new academic programs in partnerships between SWC and university partners aligns with Vision 2030's focus on increasing equitable access to baccalaureate programs and enhancing transfer pathways between community colleges and universities. Vision 2030 emphasizes collaboration between community colleges and four-year institutions to prevent duplication of resources and ensure equitable access to high-quality academic programs, particularly in underserved areas. This recommendation builds on the need to streamline course articulation and approval processes across systems, as outlined in Vision 2023 - Strategic Direction 1: Equitable Baccalaureate Attainment . In addition, the California State Audit Report emphasizes the need for cross-system collaboration to streamline the process and avoid duplication, which aligns with the goal of fostering partnerships in South San Diego County to prevent unnecessary competition and maximize educational outcomes. 2. Prioritizing Local and Binational Partnerships: Ensure academic program expansion to the South County ecosystem prioritizes but does not exclude, partnerships and collaborations between SWC, regional public institutions of higher education, and Baja California university partners. Prioritizing partnerships with local and binational institutions enriches the learning environment through diverse perspectives and strengthens cross-border educational opportunities without limiting flexibility. Vision 2030's commitment to creating inclusive and equitable educational opportunities across California supports the recommendation to prioritize partnerships with local and binational institutions. Vision 2030 advocates for partnerships that enhance regional workforce development through tailored academic programs designed to meet the specific needs of diverse populations, including cross-border learners in the Cali-Baja region. Additionally, the High Road Training Partnership framework highlighted in Vision 2030’s Strategic Direction 2 supports UNI's emphasis on collaborative growth to strengthen regional education without limiting flexibility . Similarly, the California State Audit Report recommends improved intersegmental collaboration to ensure more streamlined transfer pathways between CCC, CSU, and UC, with an emphasis on prioritizing high-demand fields such as healthcare. This recommendation supports the legislative suggestions to strengthen pathways and funding for collaboration . 3. Legislation Incentivizing Dual-Admission Programs: Legislation that incentivizes dual-admission and 2+2 university programs with key regional universities and K-12 school systems, particularly in high-demand fields such as healthcare. Dual-admission programs streamline the student pipeline, making higher education more accessible and responsive to regional workforce demands, particularly in critical fields like healthcare. UNI's recommendation for legislation that incentivizes dual-admission and 2+2 programs aligns with Vision 2030's goal of equitable access and success in baccalaureate 28 Page 564 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda attainment. Vision 2030 specifically highlights the importance of expanding dual enrollment to all high school students and promoting 2+2 transfer pathways to ensure seamless transitions from community colleges to four-year institutions. The roadmap calls for expanding partnerships between high schools, community colleges, and universities to meet critical workforce needs in fields like healthcare . Additionally, the California State Audit recommends increasing outreach and improving the transfer process, such as by expanding programs like dual admission and ensuring alignment between CCC and universities. The audit also supports measures that prioritize transfer students and help streamline their path to high-demand fields, which 2+2 programs aim to accomplish. 4. Legislation Supporting System Collaboration for Transfer Pathways: Legislation that supports and funds system collaboration between community colleges and the CSU and UC systems that strengthen transfer pathways for in-demand degree programs that meet regional workforce needs. Funding collaborative efforts strengthens transfer pathways, making them more efficient and aligned with workforce demands, ultimately benefiting students and regional economies. UNI's call for legislation supporting system collaboration to strengthen transfer pathways is aligned with Vision 2030's focus on increasing equitable transfer opportunities. Vision 2030 emphasizes streamlining intersegmental transfer agreements and enhancing common course numbering to facilitate smoother transitions from community colleges to the CSU and UC systems. The goal is to ensure students can efficiently complete their degrees while meeting workforce demands, as outlined in Vision 2030’s Outcome 2: Baccalaureate Attainment . 5. Piloting a Regional Faculty Task Force: Consider piloting a regional faculty task force with members from SWC, UC San Diego, and San Diego State University to assess academic program readiness, faculty interest, and curriculum articulation supporting the expansion of priority degree programs in South San Diego County. This ensures program development is guided by faculty expertise and regional educational needs. The recommendation to pilot a regional faculty task force aligns with Vision 2030's focus on faculty collaboration and curriculum articulation to support academic program expansion. Vision 2030 emphasizes the need for regional coalition-building and leveraging faculty expertise to develop curriculum pathways that meet regional economic needs. This aligns with UNI’s strategy to guide program development through faculty involvement and ensure readiness for priority degree programs . 6. Legislation for Expanding Academic Programs into Underserved Areas: Legislation that incentivizes the expansion of CSU and UC academic programming into community college service areas lacking a public university presence through co-location or satellite campuses. Expanding university presence in underserved areas through co-location or 29 Page 565 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda satellite campuses increases access to higher education for communities that otherwise lack such opportunities. UNI's proposal to incentivize the expansion of CSU and UC academic programming into underserved areas through satellite campuses is supported by Vision 2030's emphasis on equitable workforce and economic development. Vision 2030 advocates for expanding access to baccalaureate degrees in areas lacking a public university presence and ensuring that community colleges play a critical role in bringing higher education to underserved communities . Additionally, the California State Audit identifies geographic barriers as a significant factor in transfer success rates, particularly in underserved regions. Expanding CSU and UC academic programs into community college service areas lacking a public university presence addresses this gap, as recommended by the audit. 7. Expedited Approval of Community College Baccalaureate Degree Programs (BDP): Legislation that would prioritize and expedite approval of BDP applications from community colleges in a service area lacking a public university presence or for a program that previously received approval through the BDP process. Fast-tracking approval of BDP applications in underserved areas ensures timely access to high-demand programs, helping address workforce gaps and providing educational equity. UNI’s recommendation for legislation to fast-track approval of community college BDP applications in underserved areas aligns with Vision 2030’s goal of expanding community college baccalaureate programs to improve regional access to high-demand fields. Vision 2030 calls for targeted expansion of BDPs, particularly in regions where students are place-bound, to address workforce shortages and ensure educational equity. Additionally, the California State Audit recommends expanding the capacity of community colleges to offer baccalaureate degrees where such programs fill regional workforce needs, particularly in areas lacking access to public universities. 30 Page 566 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda LOOKING AHEAD: SUPPORTING THE UNIVERSITY INNOVATION DISTRICT The City of Chula Vista’s vision to build a University Innovation District (UID) began in 1993, aiming to bring higher education opportunities to South San Diego County. The City has taken many actions over the years that have set the stage for the recruitment of an accredited university. Most recently, the City hired Carrier Johnson, a world-renowned planning architecture, interiors, and landscaping design firm to conduct a feasibility study for the initial phase of the UID development. The feasibility study will include conceptual renderings, a phased development approach, and infrastructure cost estimating for an initial 20 to 30 acres. City of Chula Vista’s University District Vision A Binational Campus that leverages the border as a laboratory to attract students from both the U.S. and Mexico offers degrees and skills training specific for the binational region, and serves as a catalyst for growth and economic development. This innovative model focuses on co-locating a unique mix of academic partners in an environment different from a traditional university campus. Instead, academic institutions in the university district will integrate with non-residential, retail, and residential areas in an urban, mixed-use setting. The UNI’s work to enhance the higher education ecosystem in the Cali-Baja binational region supports the City’s efforts to develop a university district encompassing a multi-institutional campus center within the City of Chula Vista’s 383-acre University Innovation District site. Through the culmination of research; community and industry listening sessions; regional, state and cross-border discussions; and visits to model higher education sites; the the City now contemplates the next critical step to advancing this vision by exploring possible governance structures that could inform the City’s efforts to develop a university campus offering consistent with the City's binational and multi-institutional university vision. The next sections report on visits to two model campus sites in New York City and Auraria, Colorado that helped provide insight on possible approaches to governance; and financing shared infrastructure, operations, and facilities that would overlay the multi-university campus. What follows are considerations for creating a roadmap to support advancing the university district including some options for governance, financial approaches, and collaborative strategies that integrate binational collaboration. 31 Page 567 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Examination of Model Multi-Institution of Higher Education Sites Drawing inspiration from successful models observed at the City University of New York (CUNY) and Auraria Higher Education Center (AHEC) in Colorado, the University Now Initiative (UNI) aimed to explore effective approaches for establishing a collaborative and sustainable multi-institutional campus. CUNY, a comprehensive public university system, effectively manages a vast network of campuses across New York City, showcasing robust governance and resource management practices. AHEC, a tri-institutional campus in Denver, Colorado, exemplifies the benefits of shared facilities and collaborative academic programming between multiple institutions. These examples demonstrate effective governance, resource management, and the benefits of multi-institutional cooperation, providing valuable insights for the City of Chula Vista to consider. In addition to the two site visits discussed below, the City will continue to consider other higher education models on both sides of the border. The visits to these model sites were part of a comprehensive sequence of efforts guided by the UNI Committee. This process began with extensive research work and community and industry listening sessions aimed at understanding the specific needs and opportunities within the Chula Vista region. By visiting CUNY and AHEC, the UNI team sought to gather firsthand insights and practical knowledge on how to build and sustain a multi-institutional campus. These visits were critical in contemplating the critical steps to realizing the vision for Chula Vista's UID and ensuring that we could draw on proven and successful models as the City continues to develop a roadmap in its development. City University of New York (CUNY), New York City, NY City University of New York (CUNY) is a 25-campus university and community college system that spans five boroughs in New York City and offers a compelling model of higher education governance characterized by integration with both city and state governments. This relationship facilitates a comprehensive approach to managing and funding educational institutions, intended to provide a stable financial foundation and a unified strategy of management. The intrinsic link between CUNY and governmental entities promotes expanded access to education and fosters community engagement. As a result, CUNY serves as a valuable case study for exploring the benefits of synchronized governance in higher education. The conception of CUNY came about in 1961 through state legislation called the Henderson Act and championed by then New York Governor, Nelson Rockefeller to address the growing demand for affordable higher education in New York City, particularly for underserved and immigrant populations. The aim was to reduce educational inequality and to meet the City’s workforce needs by providing high-quality education to qualified individuals regardless of their financial status. Furthermore, CUNY sought to unify the existing institutions and streamline administration throughout its system. The system has been heralded as a model institution for adopting innovative programs responsive to the dynamic needs of the diverse student body and communities it serves. Furthermore, the urban integration of the campuses makes CUNY a hub for cultural and intellectual activity, attracting strong faculty while pioneering a model for affordable and accessible higher education. 32 Page 568 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda The UNI team’s visit to CUNY consisted of a series of meetings with CUNY’s executives and administrative officials of two of CUNY’s colleges, Queensborough Community College and Bronx College. During the UNI team's visits, it was indicated that a significant portion of students from CUNY’s community colleges transfer to universities within the system, highlighting the strong academic pathways and partnerships that could be beneficially replicated in Chula Vista. The integrated transfer application also enhances seamless pathways to four-year institutions within the CUNY system. However, several challenges were noted, including transportation issues between campuses, budget deficits, and the complex approval processes required for capital projects, which are funded solely by state and city sources. Because of CUNY’s fiscal structure that is dependent on the availability of state and local funding, individual colleges do not have the ability to pursue their own funding capacities for operations, maintenance and capital projects independent of CUNY’s centralized governance. Resource allocation, therefore, between the 25 individual campuses is inevitably leading to unequal distribution and resource disparities between the community colleges and universities, which affect student services and quality of education. Furthermore, decision-making from a highly centralized governance is characterized by a complex bureaucratic process, resulting in challenges in quickly responding to local needs of the CUNY campuses. These are all important insights that serve as one type of model to consider in shaping the strategies for higher education in Chula Vista, with further discussions on an additional model campus to provide a comprehensive approach. Auraria Higher Education Center (AHEC), Colorado Auraria Higher Education Center (AHEC) located in Denver, Colorado, serves as a dynamic example of how multiple institutions can collaborate under a shared governance model while maintaining their distinct identities. The campus houses the University of Colorado Denver (CU Denver), Metropolitan State University of Denver (MSU Denver), and the Community College of Denver (CCD), providing centralized services and facilities that drive operational efficiency and foster academic collaboration. This model serves as a valuable representation of a comprehensive shared campus model that fosters inter-institutional collaboration, sustainability practices and provides a positive economic impact on the surrounding communities. The AHEC was established by the Colorado General Assembly through the passage of legislation in 1974 with the purpose of urban renewal in Denver’s decaying downtown core, as well as expanding higher education opportunities to revitalize the city. The legislation aimed to create a shared campus for the three existing institutions that sought expansion, enabling them to pool resources, share facilities, and coordinate their operations with the centralized governance body while remaining, to some extent, independent through self-governance and academic programming. AHEC’s shared governance structure allows the three institutions to leverage collective resources, such as libraries, student centers, and administrative services, which reduces costs 33 Page 569 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda and enhances the student experience across the board. This approach encourages cross-institutional interaction, creating a rich, interdisciplinary academic environment. Financial sustainability has been a priority for AHEC, which has pursued various revenue-generating activities, including the establishment of a parking district that serves AHEC but supports nearby sports and entertainment venues, leasing campus spaces for events, and developing partnerships with local businesses. This diversified approach to revenue helps to keep the campus financially viable while supporting the institutions’ academic missions . Despite these strengths, the Auraria model also presents challenges that should be considered as a multi-institutional model is explored. One of the most significant issues is the complexity of governance and coordination among the institutions. Although AHEC provides a centralized management structure, conflicts can arise over the allocation of resources, space allocation within the AHEC boundary, individual campuses pursuing their own revenue generation, use of shared facilities, and prioritization of projects. The relationship between the individual schools and the broader campus management must be carefully balanced to ensure that all institutions benefit equitably from shared resources. Additionally, Auraria’s history includes the displacement of a predominantly Latino community during its establishment, which highlights the importance of community engagement and inclusion in campus development. AHEC’s experience underscores the importance of designing a governance structure that is both flexible and inclusive, allowing for effective collaboration while respecting the autonomy of individual institutions. Additionally, pursuing diverse financial strategies, such as public-private partnerships and funding initiatives, will be crucial for the higher education hub to maintain financial sustainability. By carefully considering these factors, the City and its partners can create a thriving educational complex that meets the academic needs of this binational region while fostering positive relationships with the local community. 34 Page 570 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda CONSIDERATIONS IN CREATING THE UNIVERSITY DISTRICT “ROADMAP” Overview The visits to CUNY and AHEC highlighted the benefits and challenges of multi-institutional campuses. While CUNY’s governance structure is more centralized allowing for limited autonomy at the individual campuses, AHEC subscribes to a more shared form of governance that allows for centralized collaboration but allows each campus to have their own governance structures. In planning and developing the university district, the UNI Committee recommends that the City consider an approach that allows for coordinated and also collaborative governance with defined roles of a governing entity. Given the complexity and scale of establishing a multi-university campus, it is essential to create a robust governance structure that will shepherd comprehensive planning, attract university partners, coordinate efforts, and secure financing will be vital to the success of the ultimate objective of creating a multi-institutional campus. The intentional work necessary to continue planning for the university district could be pursued in parallel to the continued exploration and expansion of academic baccalaureate programs at SWC and does not constrain the City in seeking academic partners that offer competing programs. The following are examples of potential governance and financial models for the university district site. These options, and others yet to be identified, will require further analysis prior to Chula Vista City Council consideration. Governance Considerations: Joint Powers Authority and Special Purpose District ●Joint Powers Authority (JPA) Formation:A JPA is formed under the California Government Code Sections 6500-6599.3, and is created through a joint powers agreement that outlines the roles, responsibilities, and governance structure of the participating agencies. The JPAs are bound by an agreement that spells out its authority, composition, roles and responsibilities, and governance structure. Because of the complex nature of creating a multi-institutional campus with the potential application of public financing models and public-private partnerships as well as incorporating binational educational partnerships, the JPA may require state legislative action for its formation. This government body would act as the budget and financing authority that would pursue and allocate resources derived from funding mechanisms such as property taxes, lease/service fees, and bond issuance. 35 Page 571 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda ●Special Purpose District (SPD) Formation:Unlike JPAs, with the exceptions mentioned earlier, an SPD is a government entity that must be established through state legislation to provide targeted decision-making and services within a defined geographic area. An SPD would act as an independent governmental body with specific authority within the defined geographic area. Like JPAs, an SPD would act as the budget and financing authority that would pursue and allocate resources derived from funding mechanisms such as property taxes, lease/service fees, and bond issuance. An SPD would be a permanent entity unless dissolved through state legislative action or public vote. ●Other Considerations:In addition to looking into governance setups such as JPAs and SPDs, establishing a public land trust could also be explored. A public land trust would prioritize conserving the land for university uses, ensuring responsible care over time while also permitting development that matches the overall higher education vision for that site. In addition, setting up a non-profit organization specifically tasked with managing and advancing the university campus could help boost fundraising activities such as major donations and endowments, as well as fostering community involvement while also supporting the implementation of key plans to advance university-aligned development at the university district. These strategies represent options that align with the educational goals and needs of the community. Possible Next Steps: The governance structure will be critical to the development of the university district and preparing the site to receive higher education entities. It will also require coordination and governance to ensure success in perpetuity. Specific attention should be given to governance options that allow nimbleness through the process of the university district development, as well as in coordinating the future universities that will be housed at the site. Nimbleness will also allow the City to respond to the workforce, social, and economic needs of the Cali-Baja region to ensure continued alignment with the mission of the higher education ecosystem. The next step, to be led by the City of Chula Vista, will be a deeper examination of the different governance options such as, but not limited to joint power authorities and special purpose districts or a hybrid model that combines more than one approach. Along with this effort could be designing a scope for a newly formed entity that clearly delineates roles and responsibilities of that entity as well as the obligations that would be maintained by the City of Chula Vista, the university district project lead. Additional questions to consider include as part of a “deeper dive” into designing governance: identifying the government authorities that would have representation on the board of directors, and determining the number of representatives each government authority would have; determining the number of board of directors; terms of the board of directors; and defining the roles and responsibilities of land use and finance authority between the new entity and the City of Chula Vista. This next phase of the work could be guided by a task force made up of selected members of the UNI Committee that would 36 Page 572 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda advise the City of Chula Vista throughout the exploration and design of the governance structure. Finance: Mixed Funding Model Examples While a number of finance strategies were included in the 2006 University Park and Research Center, such as pursuing General Obligation Bonds, Lease Revenue Bonds and Certificate of Participation and levying special taxes, additional considerations are included in the proceeding section on mixed-financing with additional finance options. ●Enhanced Infrastructure Financing District (EIFD):Establish an EIFD to finance the initial infrastructure needed for the campus, including utilities, roads, and public spaces. The EIFD captures the increased property tax revenues generated by the development, making it a sustainable long-term funding source. Moreover, an established EIFD would also provide the district with its financial team the ability to issue bonds on future tax revenue. The following steps would help guide the formation of the EIFD should this option be considered: ○ A feasibility study should be conducted that estimates the amount of tax that could be generated and for what specific purposes ○ Explore the formation of a district with the City of Chula Vista and stakeholders with defined boundaries within the university, and possibly in immediate surrounding areas that would benefit from the university development. ○ Conduct public engagement in the surrounding areas prior to formal decision-making on the EIFD formation to ensure awareness and buy-in for the creation and intent of the district. ○ Approval by the City of Chula Vista and other relevant government bodies of the new district formation and the suite of infrastructure projects to be funded that support the university site development. ●Public-Private Partnerships (PPP):Public-Private Partnerships (PPPs) are collaborative agreements between public entities—such as a city, county, specifically formed governance entity or a university—and private sector partners. These partnerships leverage the strengths and resources of both public and private sectors to finance, build, and operate projects that serve public needs. In the context of university site development, PPPs can be particularly effective in accelerating infrastructure projects, reducing financial strain on public budgets, and fostering innovation. ●Local Bond Measures:This approach places a proposal before voters to authorize the issuance of bonds to fund specific projects within a local jurisdiction, such as infrastructure improvements, educational facilities, or public services. These measures typically require a supermajority vote for approval and are designed to raise capital by 37 Page 573 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda allowing local governments to borrow money, which is then repaid over time through property taxes or other revenue sources. ●Community Finance District (CFD):The CFD is a special taxing district established to finance public infrastructure and services within a designated area, typically used for new developments. CFDs allow local governments to issue bonds secured by future tax revenues, enabling the immediate funding of necessary infrastructure improvements such as roads, parks, schools, shared facilities and utilities. Property owners within the defined CFD pay additional taxes or assessments to cover the costs of these improvements, which can enhance property values and support community growth while ensuring that the infrastructure keeps pace with development. ●Local, State and Federal Grants/Funding:Securing resources for the university district development is crucial through pursuit of funding at local, state and federal levels to develop the infrastructure and educational programs. A successful approach involves aligning project goals, with grant preferences and showcasing its benefits to attract various funding sources that strengthen the project's sustainability and expansion efforts. Possible Next Steps: Because of the robust needs of developing a multi-institutional campus, a mixed funding model with various options for revenue streams should be analyzed. Assessing different funding models reduces dependence on any single source of funding and should align with the evolving needs of the university district and the constituent universities. Therefore, additional research is needed to create a suite of funding options that will support the development of the university district. 38 Page 574 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda FINAL THOUGHTS As we close out the University Now Initiative (UNI) effort, it is important to embrace the transformative potential of enhancing the higher education ecosystem in the Cali-Baja region; to acknowledge our state legislative, education and local champions who spearheaded this exciting effort; to uplift the enthusiasm and wealth of knowledge of the UNI Committee members and community members who have contributed valuable feedback; to leverage strategic and intrinsic cross-border ties to bolster a competitive workforce; and to continue the momentum of this work by advancing priority academic programs while further exploring models of governance and finance in the development of the University Innovation District. While this phase of UNI is complete, critical phases of implementation and planning are to follow, building on the shared vision and ideas of those who have contributed their time and talent to this collective endeavor that will enrich lives, foster economic growth, and strengthen community ties for generations to come. 39 Page 575 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda APPENDIX California Community Colleges Chancellor’s Office. (2024). Vision 2030: A Roadmap for California Community Colleges. California Community Colleges Chancellor’s Office Website. https://www.cccco.edu/-/media/CCCCO-Website/docs/report/Vision-2030-A-Roadmap-for-Califo rnia-Community-Colleges.pdf California State Auditor. (2024). 2023-123 California’s Systems of Public Higher Education: Streamlining the Community College Transfer Process Could Increase Access to Bachelor’s Degrees. California State Auditor Website.https://www.auditor.ca.gov/reports/2023-123/ San Diego Regional Policy & Innovation Center. (2024). Planning a Thriving Ecosystem of Higher Education in South Count: A Workforce & Education Needs Assessment. City of Chula Vista Website. https://www.chulavistaca.gov/home/showpublisheddocument/27408/638406673892030000#pag e=47 Southwestern College Academic Senate. (2024). Faculty Baccalaureate Degree Interest Report. Southwestern College Academic Senate Website. https://swccd.diligent.community/document/d5b53112-edce-42c3-a78e-f9a06959d7c4/ 40 Page 576 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4%- TITLE Bdbefnjd!Qsphsbn!Qmboojoh!Bhsffnfou;!Bqqspwf!bo!Bdbefnjd!Qsphsbn!Qmboojoh!Bhsffnfou!xjui! Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Ejtusjdu! 2¤¯®±³ .´¬¡¤±:!34.1242 Location: Op!tqfdjgjd!hfphsbqijd!mpdbujpo! Department: Djuz!Nbobhfs! µ¨±®-¬¤-³ Fowjsponfoubm!Rvbmjuz!Bdu! 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DISCUSSION Tjodf!2::4-!uispvhi!uif!bepqujpo!pg!uif!Pubz!Sbodi!Hfofsbm!Efwfmpqnfou!Qmbo-!uif!Djuz!pg!Divmb!Wjtub!ibt! nbjoubjofe!b!wjtjpo!pg!mpdbujoh!b!vojwfstjuz!xjuijo!fbtufso!Divmb!Wjtub/!Uif!Djuz!ibt!ublfo!bdujpobcmf!tufqt! up!nblf!uijt!wjtjpo!b!sfbmjuz/!Gspn!3112!uispvhi!3125-!uispvhi!b!dpncjobujpo!pg!Mboe!Pggfs!Bhsffnfout-! mboe!fydibohft!boe!bhsffnfout!xjui!efwfmpqfst-!uif!Djuz!bdrvjsfe!494!bdsft!pg!mboe!tvckfdu!up!sftusjdujwf! dpwfobout!gps!Vojwfstjuz.Joopwbujpo!Ejtusjdu!)VJE*!qvsqptft/!!Jo!3129-!uif!Djuz!bepqufe!uif!Vojwfstjuz. Joopwbujpo!Ejtusjdu!Tfdujpobm!Qmboojoh!Bsfb!Qmbo!)TQB*!bqqspwjoh!uif!foujumfnfout!gps!b!VJE/!!! Beejujpobmmz-!uif!Djuz!ibt!fohbhfe!jo!b!ovncfs!pg!tuvejft!up!efufsnjof!uif!uzqf!pg!vojwfstjuz)jft*!uibu!xpvme! cf!cftu!gju!gps!uif!vojwfstjuz!tjuf!gspn!b!mboe!vtf!boe!fdpopnjd!efwfmpqnfou!qfstqfdujwf/!Uiftf!tuvejft! sftvmufe!jo!uif!wjtjpo!pg!uif!Djuz!Dpvodjm!up!efwfmpq!b!cjobujpobm-!nvmuj.jotujuvujpobm!vojwfstjuz!uibu!mfwfsbhft! t Page 578 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda uif!cpsefs!bt!b!mbcpsbupsz!up!buusbdu!tuvefout!gspn!cpui!uif!Vojufe!Tubuft!boe!Nfyjdp-!pggfst!cbddbmbvsfbuf! boe!hsbevbuf!mfwfm!efhsfft!boe!bdbefnjd!tuvejft!gps!uif!cj.obujpobm!sfhjpo-!boe!tfswft!bt!b!dbubmztu!gps! hspxui!boe!fdpopnjd!efwfmpqnfou/!! Jo!3128-!uif!Djuz!boe!Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Ejtusjdu-!gpsnfe!uif!Kpjou!Ubtl!Gpsdf!up!xpsl! dpmmbcpsbujwfmz!jo!uif!efwfmpqnfou!pg!b!vojwfstjuz!jo!Divmb!Wjtub/! fggpsut-!jo!Pdupcfs!3133-!uif!Kpjou!Ubtl!Gpsdf!dpotjefsfe!boe!bqqspwfe!b!kpjou!qbsuofstijq!qspqptbm!tffljoh! tubuf!gvoejoh!gps!bdbefnjd!qsphsbn!qmboojoh-!bmjhofe!xjui!xpslgpsdf!boe!joevtusz!offet-!xjui! sfdpnnfoebujpot!up!bje!jo!Vojwfstjuz)jft*!sfdsvjunfou/! Jo!Tfqufncfs!3133-!uif!Djuz!xbt!tvddfttgvm!jo!tfdvsjoh!%41!njmmjpo!jo!tubuf!gvoejoh!bu!uif!sfrvftu!pg! Bttfncmznfncfs!Ebwje!Bmwbsf{!boe!Qsftjefou!qsp!Ufn!Upoj!H/!Buljot!upxbse!uif!dpotusvdujpo!pg!uif! Djofnbujd!Bsut!Mjcsbsz/!Xijmf!uif!joufoujpo!pg!uif!%36!njmmjpo!bmmpdbujpo!tfdvsfe!cz!Bttfncmznfncfs! Bmwbsf{!xbt!up!jodmvef!%2/6!njmmjpo!jo!gvoejoh!gps!uif!bdbefnjd!qsphsbn!qmboojoh-!uif!foujsfuz!pg!uif!tubuf! gvoejoh!xbt!bmmpdbufe!up!uif!Djofnbujd!Bsut!Mjcsbsz/!! Jo!bddpsebodf!xjui!uif!bdujpo!boe!ejsfdujpo!pg!uif!Kpjou!Ubtl!Gpsdf-!uif!qspqptfe!bhsffnfou!xjui! Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Ejtusjdu!xjmm!bmmpx!uifn!up!dpoevdu!bdbefnjd!qsphsbn!qmboojoh-! fnqibtj{joh!!!xpslgpsdf!!!boe!!!bdbefnjd!!!qsphsbn!nbqqjoh/!Uif!hpbm!pg!uijt!tuvez!xjmm!cf!up!jefoujgz! jotusvdujpobm! fohbhfnfou0jodmvtjpo!xjui!sfhjpobm!fevdbujpobm!tztufnt!tfswjoh!Tpvui!Dpvouz!tuvefout!boe!fotvsjoh!uibu! jotusvdujpobm!qsphsbnnjoh!boe!vojwfstjuz!qbsuofstijqt!nffu!uif!offet!pg!tuvefout!boe!gbnjmjft/!Bo! boe!gvoejoh!bdujpot!offefe!gps!tvddfttgvm!vojwfstjuz!sfdsvjunfou/! Uijt!xpsl!xjmm!cf!b!qbsuofstijq!cfuxffo!uif!Djuz!pg!Divmb!Wjtub!boe!Tpvuixftufso!Dpnnvojuz!Dpmmfhf! Ejtusjdu-!uif!pomz!qvcmjd!jotujuvujpo!pg!ijhifs!fevdbujpo!jo!Tpvui!Dpvouz/!B!ijhifs!fevdbujpo!qmboojoh! dpnnjuuff!xjmm!cf!dpowfofe!up!jogpsn!uif!xpsl/! Tubgg!sfdpnnfoet!bqqspwbm!pg!uijt!bhsffnfou!xjui!Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Ejtusjdu!gps!bdbefnjd! DECISION--!+%2 #/.&,)#4! Tubgg!ibt!sfwjfxfe!uif!efdjtjpo!dpoufnqmbufe!cz!uijt!bdujpo!boe!ibt!efufsnjofe!uibu!ju!jt!opu!tjuf.tqfdjgjd!boe! dpotfrvfoumz-!uif!sfbm!qspqfsuz!ipmejoht!pg!uif!Djuz!Dpvodjm!nfncfst!ep!opu!dsfbuf!b!ejtrvbmjgzjoh!sfbm! qspqfsuz.sfmbufe!gjobodjbm!dpogmjdu!pg!joufsftu!voefs!uif!Qpmjujdbm!Sfgpsn!Bdu!)Dbm/!Hpw(u!Dpef!¨!98211-!fu!tfr/*/!! Tubgg!jt!opu!joefqfoefoumz!bxbsf-!boe!ibt!opu!cffo!jogpsnfe!cz!boz!Dpvodjm!nfncfs-!pg!boz!puifs!gbdu!uibu! nbz!dpotujuvuf!b!cbtjt!gps!b!efdjtjpo.nblfs!dpogmjdu!pg!joufsftu!jo!uijt!nbuufs/! CURRENT-9%!2 &)3#!, )-0!#4 Uifsf!jt!op!dvssfou!zfbs!gjtdbm!jnqbdu!bt!b!sftvmu!pg!bddfqujoh!uif!bhsffnfou!xjui!Tpvuixftufso!Dpnnvojuz! Dpmmfhf/!Gvoet!gps!uijt!qvsqptf!ibwf!cffo!jodmvefe!jo!uif!Gjtdbm!Zfbs!3133034!bqqspqsjbujpot/!! t Page 579 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3#!, )-0!#4 Pohpjoh!dptut!bttpdjbufe!xjui!qspqptfe!bhsffnfou!xjmm!cf!jodmvefe!bt!qbsu!pg!uif!Gjtdbm!Zfbs!3134035! cvehfu/! Uif!nbyjnvn!bnpvou!up!cf!qbje!up!Tpvuixftufso!Dpnnvojuz!Dpmmfhf!uispvhi!uif!ufsn!pg!uif!bhsffnfou! Bvhvtu!41-!3135*!tibmm!opu!fydffe!%2-48:-711/! ATTACHMENTS 2/ Djuz!pg!Divmb!Wjtub!boe!Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Kpjou!Ubtl!Gpsdf!gps!Vojwfstjuz!Dfoufs.! Pdupcfs!2:-!3133!Nffujoh!Njovuft!)Esbgu*! 3/ Bdbefnjd!Qsphsbn!Qmboojoh!Bhsffnfou!xjui!Tpvuixftufso!Dpnnvojuz!Dpmmfhf!Ejtusjdu! 4/ Bdbefnjd!Qsphsbn!Qmboojoh!Qspkfdu!! 3³3¯¤¢¨0±®©¤¢³² µ¤ -t Page 580 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 CITY OF CHULA VISTA AGREEMENT WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT TO PROVIDE ACADEMIC PLANNING SERVICES This Agreement is entered into effective as of May 23, 2023 ( “Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Southwestern Community College District, a California public college) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has a strategic, long-term vision to develop a University-Innovation District (“UID”) on City-owned property to serve Chula Vista and the entire South Bay; and WHEREAS, the City has engaged in a number of studies to determine the type of university(ies) that would be the best fit for the UID from perspectives of both land use and economic development; and WHEREAS, these studies resulted in the City’s vision to develop a binational, multi-institutional university that leverages the border as a laboratory to attract students from both the United States and Mexico, offers baccalaureate and graduate level degrees and academic studies for the bi-national region, and serves as a catalyst for growth and economic development; and WHEREAS, to continue the City’s UID planning efforts, in October 2022, the City and SWC formed a Joint Task Force which considered and approved a joint partnership proposal seeking state funding for academic program planning, aligned with workforce and industry needs, with recommendations to aid in recruiting universities; and WHEREAS, in accordance with the action and direction of the Joint Task Force, the City and SWC desire to enter into this agreement, pursuant to which, SWC will conduct academic program planning, emphasizing workforce and academic program mapping; and WHEREAS, the goal of this work is to identify instructional programs that support the region’s current and future workforce needs by way of an intentional engagement/inclusion with regional educational systems serving South County students and ensuring that instructional programming and university partnerships meet the needs of students and families and use the project’s findings to inform specific legislative and funding actions needed for successful university recruitmen; 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.] DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A R2023-060 Page 581 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 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 highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 582 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 3 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 583 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 4 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 584 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers , or any third party. 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 DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 585 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 6 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. 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 DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 586 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 7 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 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 DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 587 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 8 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including 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, DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 588 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 9 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. End of page. Next page is signature page.) DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 589 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 0 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SOUTHWESTERN COMMUNITY COLLEGE DISTRICT CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ DR. MARK SANCHEZ JOHN MCCANN SUPERINTENDENT/PRESIDENT MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A For Page 590 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 11 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Adrianna Hernandez 276 Fourth Avenue Chula Vista, CA 91910 619-691-5254 adhernandez@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: SOUTHWESTERN COMMUNITY COLLEGE DISTRICT Zaneta Salde Encarnacion, Chief of Staff, Office of the Superintendent/President 900 Otay Lakes Rd. Chula Vista, CA 91910 619-482-6301 zencarnacion@swccd.edu For Legal Notice Copy to: Linda Hernandez, Director Procurement, Central Services & Risk Management 900 Otay Lakes Road, 46E-170 Chula Vista, CA 91910 619) 482-6557 rhernandez@swccd.edu 2. Required Services A. General Description: Consultant will perform academic planning services for the City’s University Innovation District. B. Detailed Description: Consultant shall perform the following: 1. RESEARCH 1.1. Complete a degree program and university mapping research project 1.1.1. Conduct a workforce needs assessment drawing on analyses of Bureau of Labor Statistics data on projected job openings for the region, existing regional workforce studies, as well as interviews and a survey of business owners and major employers. DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 591 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 12 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 1.1.2. Identify high-demand degree programs that prepare South County for the regional workforce. This educational program needs assessment will include an evaluation of the current community college and university degree offerings, drawing on IPEDS, SWC surveys, and LaunchBoard data and identify gaps that could be fulfilled by new university programming and facilities in South County. 1.1.3. Assess resident educational interests based on Workforce Partnership and unemployment insurance data. 1.2. Conduct a survey of South County residents to get a clear picture of residents’ financial situations, their perspectives on education and the job market, and their challenges and opportunities. 1.2.1. The survey will also reveal the distribution of these features across demographics within South County and how South County residents’ perspectives and experiences compare to those of other county residents. 1.3. Conduct academic research that identifies the scope of support services required for South County students to ensure a strong pathway to degree completion and matriculation into the region's future workforce. 1.4. Map identified local priority degree programs and jobs to existing California State University, University of California, or other university system’s programs with need for expansion. 1.4.1. Establish a crosswalk between community college and public or nonprofit universities that offer the identified priority degree programs as part of their curriculum. 1.4.2. Produce a list of impacted majors within existing public and non-profit universities that overlap with South County’s priority degree program areas and workforce needs. The list may be used as a blueprint in support of the development of a university in Chula Vista or satellite campuses within South County that would serve the dual purpose of alleviating the impaction of programs for university partners within their existing physical capacity as well as bringing much-needed four-year (and possibly graduate) programs to the region. 1.4.3. Produce a list of priority degree programs. From this list then identify those that do not exist in, and do not compete with, CSU and UC programs in the region. 2. IDENTIFY 2.1. Using research findings, develop a list of universities with degree programs that meet the region’s workforce needs and require increased capacity/space to grow. 2.1.1. Present research findings at stakeholder sessions to gather feedback. 2.2. Using research findings, and in partnership with Southwestern College faculty, the California Community College Baccalaureate Association (CCCBA), and other university faculty, develop a list of potential baccalaureate programs in the context of the identified regional workforce shortage. 2.2.1. Identify capacity and physical space required to increase the number of graduates for identified priority degree programs in support of City’s university recruitment efforts and to strengthen the college’s transfer pathways. DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 592 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 13 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 3. EVALUATE 3.1. In partnership with the City of Chula Vista and faculty, assess community college/city (i.e. Philadelphia/CC of Philadelphia) exemplary models and community college/university exemplary models (i.e. Bronx CC/SUNY). 3.2. In partnership with the City of Chula Vista, rigorously analyze and vet prospective university degree programs based on site visits, institutional and faculty interest, and funding mechanisms. 4. RECOMMEND 4.1. Develop a final report with recommendations on university program recruitment and strategies to increase access to higher education programming and access in Chula Vista. 4.2. Develop a white paper for the San Diego legislative delegation with policy and funding recommendations that will support the development of a four-year, accredited university that will expand access to higher education for Chula Vista and the entire region. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 23, 2023 and end on August 30, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation Fixed Fee Paid in Increments. For the completion of the Deliverables listed below, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Deliverable Amount Completion Date Agreement Executed by Consultant $400,000 June 12, 2023 Completion of Research and Submission of Research Results to City Manager and Higher Education Committee 300,000 August 30, 2023 Completion of Draft Findings and Submission of Same to City Manager and Higher Education Committee 300,000 June 30, 2024 Completion of Final Recommendations and Legislative White Paper and Submission of Same to City Council 379,000, or remaining balance of needed expenditures to cover final costs, whichever is less August 30, 2024 OR B. Reimbursement of Costs None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through August 23, 2024 shall not exceed $1,379,000. DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 593 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 14 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS. Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None” Security for Performance: See City Attorney or Indicate “None” if Not Applicable Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Other: Describe Special Provisions (Delete Line If Not Applicable) None DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 594 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 15 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form General Liability: Including products and completed operations, personal and advertising injury 2,000,000 per occurrence for bodily injury, personal injury including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 Must be primary and must not exclude Products/Completed Operations Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Workers’ Compensation Employer’s Liability 1,000,000 each accident 1,000,000 disease policy limit 1,000,000 disease each employee Waiver of Recovery Endorsement Professional Liability Errors & Omissions) 1,000,000 each occurrence 2,000,000 aggregate Other Negotiated Insurance Terms: NONE DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 595 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 16 City of Chula Vista Agreement No.: #2023-102 Consultant Name: Southwestern Community College District Rev. 1/17/23 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 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: Adrianna Hernandez 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 incl ude corporation or limited liability company). DocuSign Envelope ID: C30CF362-F482-4D2E-81BD-DF7D2865812A Page 596 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda University Now Initiative: Planning for a Thriving Higher Education Ecosystem City of Chula Vista and Southwestern Community College District Research Study Page 597 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 598 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Overview of UNI: Academic Program Planning Study Mapping Academic Programs to Workforce Needs Identify Priority Occupations & Academic Program Assess Opportunities for Expanding Higher Education Ecosystem White Paper Page 599 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 600 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 601 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Academic and Workforce Needs Assessment San Diego Regional Policy & Innovation Center Survey of Employers (Regional, Baja & Orange County) Analysis of Workforce Needs: Priority Occupations Analysis of Academic Needs (Regional & Baja) Focus Groups with Regional Business Leaders Representative Survey of San Diego County Residents Page 602 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Academic and Workforce Needs Assessment Findings Fields of interest: business, technology, healthcare & the arts Importance of technical and soft skills 40% of South County residents expressed interest in enrolling in a bachelor’s degree program within the next two years (27% county) Identified priority occupations (including future- adjusted list) and needed/high- demand academic programs Page 603 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SWC/UCSD Faculty Research University Partner Consultation Listening Sessions Refining Research Results and Community Engagement Page 604 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Academic Program Planning Priorities Consider Key Sectors/ Industries Alongside Community Interests Noncompete Structure for University Program Expansion Critical to Partner with SWC & University Faculty on Academic Programs Clear Communication on Funding Realities for Expansion & New Programming Emphasis for Binational, Bilingual & Bicultural Programs Partner with Universities like National University to Develop SWC Faculty (Doctoral Degrees) 1 2 3 4 5 6 Page 605 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Workforce-Aligned Degrees for Recruitment/Expansion Consideration Nursing Public Health Public Administration & Public Policy Education Business Admin: Marketing Analytics STEM: Engineering Computer Science/AI Film, Television & Media Arts Conservation & Resource Studies Page 606 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Recommended Priority Degree Programs for Recruitment/Expansion Nursing Conservation & Resource Studies Public Health Film & Media Art Page 607 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Baccalaureate Program Opportunities at SWC Supporting Priority Occupations Transborder Building Design, Technology, and Urbanism (TBDT&U) Architecture Music, emphasis in Mariachi English, emphasis on Teaching English to Speakers of Other Languages (TESOL) Allied Health Administration Interactive Design Page 608 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda “Forward Action” Considerations for Building UNI’s Higher Education Ecosystem Strategic Framework for Developing a Multi-Campus University Center in Chula Vista Purpose is to continue the momentum spurred by the work of the UNI focusing on efforts to develop the University and Innovation District Page 609 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Forward Action Options to Consider Governance: Joint Powers Authority or Special Purpose District Implementation: Phased approach with strong leadership Positioning the university as a leader in cross- border and transnational education Attracting institutions and fostering regional development Funding: Mixed funding model with EIFD and PPPs Balanced Strategy Outcome Page 610 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda THANK YOU Page 611 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Receive University Now Initiative White Paper developed by Southwestern Community College District and the University Now Initiative Committee through an agreement with the City of Chula Vista. ITEM 8.3 RECOMMENDATION Page 612 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Park Master Plan: Approval of the Park Master Plan for a 1.41 Acre Park (P-1), Including the Name ‘Eden Rose Plaza’, Located in Otay Ranch Village Two Report Number: 24-0260 Location: Northeast Corner of Santa Victoria Road and Santa Carolina Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously certified Final Supplemental Environmental Impact Report (“FSEIR”) for the Otay Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment (FSEIR 12-01; SCH #2003091012; and incorporated by reference in City Council Resolution No. 2014-207, dated November 4, 2014). Recommended Action Adopt a resolution approving the Park Master Plan, including the name ‘Eden Rose Plaza’, for the P-1 Park located in the Village of Montecito Core Area of Otay Ranch Village Two. SUMMARY This report presents the Park Master Plan and the proposed name of ‘Eden Rose Plaza’ for the 1.41-acre Park (P-1) located in Otay Ranch Village Two. The public park will be privately maintained and owned by the Village of Montecito Homeowner Association (“HOA”) with a public access easement over it. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was adequately covered in the previously certified Final Supplemental Environmental Impact Report (“FSEIR”) for the Otay Ranch Village Two Comprehensive Sectional Planning Area Plan Amendment (FSEIR 12-01; SCH #2003091012; and incorporated by reference in City Council Resolution No. 2014-207, dated November 4, 2014). Thus, no further environmental review or documentation is required. Page 613 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Parks and Recreation Commission approved the Park Master Plan for this 1.41-acre Park by a vote of 5- 0, on September 21, 2023. The Park was un-named at the time of the presentation. A Parks and Recreation Commissioner noted an issue concerning the availability of bike racks in city parks and has recommended the installation of additional racks. Bike racks will be addressed with the refinement of the construction documents prior to construction. Staff provided an update to the Parks and Recreation Commission at their meeting on November 7, 2024, regarding the proposed name for the park. DISCUSSION Background P-1 Park is located at the corner of Santa Carolina Road and Santa Victoria Road at the northeast edge of the roundabout in the heart of the Village. The Sectional Planning Area (“SPA”) plan for the development was originally adopted by City Council on May 23, 2006. This park site came into being because of the Village Two Comprehensive SPA Amendment approved by City Council in November 2014. The SPA amendment included a conceptual park layout listing the proposed park program. The name 'Eden Rose Plaza’ was suggested by Baldwin & Sons and selected to honor the memory of Deeann Baldwin. Eden Rose was a favorite flower of Deeann Baldwin and the name, 'Eden Rose Plaza' embodies Deeann's eye for style and design. Otay Ranch Village Two Parks System The Village concept of development creates a pedestrian friendly community that provides recreational spaces located within “walkable” distances from residences. Since 2015, the Master Developer has constructed four private HOA recreational facilities, an HOA Clubhouse and Pool facility which also provides a gym for residents and HOA Summerland Pool. Public park areas have also been built and provided to the City of Chula Vista in turnkey condition per the Agreement Regarding Construction of Parks P-1, P-2, P-3 P- 5 and P-6 in a Portion of Otay Ranch Village 2, recorded on November 21, 2014, document number 2014- 0509142. They include the following: 1) Montecito Park. Opened in April 2018. This public park provides a large multi-use field, tot lot for 2- 5 years old, playground for 5-12 years old, picnic shelter, tennis court, basketball court, seat walls and a restroom. This 4.4-acre park is the first phase of a park that when fully built will be slightly larger than 7 acres. Phase 2 will add 2.4 acres, and is planned to open in late 2025/2026 and Phase 3 will follow a City of San Diego waterline relocation. 2) Meadow Park. Opened in August 2022. This Park is 5.1 acres and has areas for small and large dogs, play areas for children, a large walking path around the perimeter of the park with work-out stations, picnic areas, a ping pong pavilion, half basketball court for 5-12 year-olds and a half court for all ages, and an outdoor teaching area and a restroom. 3) Grove Park. Opened on September 13, 2023. This Park is 7.1 acres and features a multi-purpose turf field, walking path around the perimeter of the park, basketball courts, tennis courts striped for pickle ball, playgrounds for children, an activity plaza, passive lawn area, picnic areas, game tables, benches with shade canopies and Corn Hole game area. An additional 2.7-acre neighborhood Park P-6 is planned to be built in the western portion of Village Two which could be expanded to account for any parkland shortage if necessary. Page 614 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 P-1 Park Public Access Easement The Master Developer, Baldwin & Sons, granted and the City accepted a public access easement over all of Lot 15 (P-1 Park) for park use and other public uses on the Final “A” Map 15350 for Otay Village Two and Portions of Village Four, recorded on November 21, 2014. The Village of Montecito HOA will be responsible for the maintenance of this public park in perpetuity. Community Meeting A public meeting was held on August 10, 2023, at 6 p.m. at the Montecito Swim Club at which residents were presented a preliminary park design and informed about the timeline for park design and construction. Several comments were made by residents in favor of the design, particularly related to the park’s layout which guides users away from the vehicular roundabout at the southwest corner of the park. There were also comments made on the need to have adequate pet waste stations in the area. Park Master Plan The Master Developer has entered into an agreement with consultants Schmidt Design Group for the design of P-1 Park. The park is a pedestrian park serving the immediate community therefore no on-site parking will be provided; however, there will be an accessible parking space with access to the park located on Santa Victoria. The park layout creates a symmetrical wedge open space for residents to use and balances the neighboring adjacent housing development nearby. The proposed site will be graded with gentle grades throughout, with the maximum slope gradient of 3:1 in a few small areas. The landscape strategy for the park provides an inviting central plaza and a diverse range of gathering areas, a central green natural turf area, game areas, and a garden walk. Throughout the park, a combination of accent trees, shade trees, and decorative plants create an inviting, gardenesque atmosphere, and drought tolerant plant material based on Water Use Classification of Landscape Species. Decorative paving at each end of the central lawn defines pedestrian gathering space within the park. The central open space includes a flexible lawn area with adjacent bench seating which will provide a space for gatherings and group activities. The irrigation system will be designed for reclaimed water and will include water-saving components such as a weather-based controller, rain shutoff device, master valve, flow sensor and efficient spray and drip irrigation. The master plan for the park includes the following elements:  Picnic tables/benches  Bean bag toss area  (2) Bocce ball courts  (2) Community rocker benches  (2) Group picnic area under shade structures (rentable)  Foosball table  Ping pong tables  Group gathering plaza with overhead festival lights  Compass rose accent paving as the landmark features  Large open lawn area  Seating areas within gardenesque planting areas Page 615 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4  New additional accessible parking stall along Santa Victoria Road  Park monument sign in the Montecito Community theme  Pedestrian orientated paved walkways & meandering DG pathways with lighting  Bike racks  Pet waste stations After design approval, the team will develop construction documents to be reviewed by the City. Construction of the park is expected to start in Fall of 2025. Park Development Budget Based on Parkland Acquisition and Development (“PAD”) fees as of Oct 1, 2024, the park’s estimated development budget is $1,293,243. The current cost estimate for P-1 is approximately $2,250,000. To bridge this gap and preserve the features of the park in the current design, the Master Developer proposes using up to approximately $1,200,000 of the in-lieu PAD fees required to be paid for their C1/MU3 project, located within Village Two, due to the extra units created using density bonus on the C1/MU3 project. The City has agreed to this approach for the park budget. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1000 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)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All park design costs are borne by the Master Developer as part of their PAD obligation, as discussed above. There is therefore no current-year fiscal impact to the General Fund or Development Services Fund as a result of this action. ONGOING FISCAL IMPACT All park construction costs will be borne by the developer as part of their PAD obligation, as discussed above. This park will be a privately owned and maintained by the Village of Montecito Homeowners’ Association in perpetuity, resulting in no ongoing fiscal impact to the General Fund. ATTACHMENTS 1. P-1 Park Master Plan Staff Contact: Tom McDaniel, Landscape Architect, Development Services Patricia Ferman, Principal Landscape Architect, Development Services Laura C. Black, AICP, Director of Development Services Page 616 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 1.41-ACRE PARK (P-1) LOCATED IN OTAY RANCH VILLAGE TWO, INCLUDING THE PARK NAME ‘EDEN ROSE PLAZA’ WHEREAS, the Village Two Parks Agreement, Document Number 2014-0509142, approved on November 17th, 2014, and recorded on November 21, 2014, states that the neighborhood parks shall be provided as turnkey parks, developed by the Master Developer on behalf of the City; and WHEREAS, P-1 Park is located at the corner of Santa Carolina Road and Santa Victoria Road at the northeast edge of the roundabout in the heart of Village Two. This park site came into being because of the Village Two Comprehensive Sectional Planning Area (“SPA”) Plan Amendment approved by City Council in November 2014. The SPA amendment includes a conceptual park layout listing the proposed park program; and WHEREAS, The Master Developer, Baldwin & Sons, granted and the City accepted a public access easement over all of Lot 15 (P-1 Park) for park use and other public uses on the Final “A” Map 15350 for Otay Village Two and Portions of Village Four, recorded on November 21, 2014; and WHEREAS, the Village of Montecito HOA will be responsible for the maintenance of this public park in perpetuity as noted in the Village Two Comprehensive SPA Plan Amendment; and WHEREAS, the Village Two master developer, Baldwin & Sons, has entered into an agreement with the consultant, Schmidt Design Group, for the design of P-1 Park; and WHEREAS, the Parks and Recreation Commission recommended approval of the park master plan for P-1 Park on September 21, 2023. The name for the park at that time was undetermined; and WHEREAS, the name 'Eden Rose Plaza’ was suggested by Baldwin & Sons and selected to honor the memory of Deeann Baldwin; and WHEREAS, based on Parkland Acquisition and Development (“PAD”) fees as of Oct 1, 2024, the park’s estimated budget for the development is $1,293,243. The current cost estimate for P-1 is approximately $2,250,000. To bridge this gap and preserve the features of the park in the current design, the Master Developer proposes using up to approximately $1,200,000 of the in- lieu PAD fees required to be paid for their C1/MU3 project, located within Village Two, due to the extra units created using density bonus on the C1/MU3 project; and WHEREAS the Director of Development Services has reviewed the proposed project for Page 617 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report, EIR 02-02 and Final Supplemental Environmental Impact Report, SEIR 12-01 for the Otay Ranch Village Two SPA Plan. Thus, no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Master Plan for the 1.41-acre P-1 Park in Village Two and the name of the park “Eden Rose Plaza.” Presented by Approved as to form by ___________________________ _____________________________ Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 618 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P1 PARK City Council Meeting November 12, 2024 OTAY RANCH VILLAGE TWO Page 619 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista •Patricia Ferman •Tom McDaniel Baldwin & Sons •Mora de Murguia Schmidt Design Group •Glen Schmidt •JT Barr •Todd Schechinger •Tyler Tucker PROJECT TEAM Page 620 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda •Site Context and Analysis •Preliminary Master Plan •Questions AGENDA Page 621 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda OTAY RANCH VILLAGE TWO P1 PARKCONTEXT & ANALYSIS Page 622 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SITE CONTEXT Page 623 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SITE ANALYSIS Page 624 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda OTAY RANCH VILLAGE TWO P1 PARKMASTER PLAN Page 625 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda FLEXIBLE TURF AREA GAME AREA BOCCE BALL COURTS MONUMENT SIGN SA N T A C A R O L I N A R O A D FUTURE MU-1 RESIDENTIAL PASSIVE SEATING AREA PICNIC AREA Page 626 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER PLAN Page 627 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 628 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER PLAN Page 629 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 630 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER PLAN Page 631 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER PLAN MONUMENT SIGN Page 632 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 633 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda MASTER PLAN Page 634 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 635 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Written Communications Item 8.4 - Received 11/12/24 Page 636 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EDEN ROSE PLAZA Item 8.4 OTAY RANCH VILLAGE TWO Page 637 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City of Chula Vista •Patricia Ferman •Tom McDaniel Baldwin & Sons •Mora de Murguia Schmidt Design Group •JT Barr •Todd Schechinger •Tyler Tucker PROJECT TEAM Page 638 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda •Site Context and Analysis •Preliminary Master Plan •Renderings AGENDA Page 639 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda OTAY RANCH VILLAGE TWO EDEN ROSE PLAZA CONTEXT & ANALYSIS Page 640 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SITE CONTEXT Page 641 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SITE ANALYSIS Page 642 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN OTAY RANCH VILLAGE TWO EDEN ROSE PLAZA Page 643 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda FLEXIBLE TURF AREA GAME AREA BOCCE BALL COURTS MONUMENT SIGN SA N T A C A R O L I N A R O A D FUTURE MU-1 RESIDENTIAL PASSIVE SEATING AREA PICNIC AREA Page 644 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN SA N T A C A R O L I N A R O A D Page 645 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN SA N T A C A R O L I N A R O A D Page 646 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN SA N T A C A R O L I N A R O A D Page 647 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN MONUMENT SIGN SA N T A C A R O L I N A R O A D EDEN ROSE STRUCTURE Page 648 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda PRELIMINARY MASTER PLAN SA N T A C A R O L I N A R O A D Page 649 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RENDERINGS OTAY RANCH VILLAGE TWO EDEN ROSE PLAZA Page 650 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 651 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 652 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 653 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 654 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda v . 0 0 5 P a g e | 1 November 12, 2024 ITEM TITLE Council Policies: Approve Revising and Rescinding Various City Council Policies Report Number: 24-0267 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required. Recommended Action Adopt resolutions: A) Revising Council Policies: 220-05 City Debt Policy; 220-07 City Disclosure Policy; 662- 13 Fraud Prevention in the Workplace; and B) Rescinding Council Policies: 662-03 Disabled Employment; 662-05 Sexual Harassment Policy; 662-07 Substance Abuse Policy; 662-08 Disability Retirement – Safety Employees. SUMMARY Adoption of these resolutions revises City Council policies 220-05 City Debt Policy; 220-07 City Disclosure Policy; 662-13 Fraud Prevention in the Workplace and rescinds Council Policies 662-03 Disabled Employment; 662-05 Sexual Harassment Policy; 662-07 Substance Abuse Policy; 662-08 Disability Retirement – Safety Employees. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 655 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista currently has approximately 160 City Council policies which have been adopted by the City Council from 1962 to 2024. These policies serve as the official description of a City procedure, policy or practice. A policy may derive from an ordinance, resolution, administrative regulation or department policy. The City Manager has initiated a review of City Council policies to identify policies for revisions or recission, or any new policies that the City Council should consider for adoption. The City Manager established a working group including staff from the City Manager, City Clerk, and City Attorney departments to coordinate this effort. The first step in the process was for department heads to review City Council policies related to their departments/divisions and prioritize actions for each policy. After this initial review, seven policies were determined as a high priority for City Council to consider. City Council Policies Recommended for Revision 220-05 City Debt Policy The City last revised 220-05 City Debt Policy in 2017. The City’s Debt Policy was established to improve the decision-making quality, to articulate policy goals, provide guidelines for the structure of debt issuance, and to demonstrate a commitment to long-term capital and financial planning. Adhering to a debt policy and updating the debt policy periodically shows that we are following Government Finance Officers Association (GFOA) recommended best practices, it also indicates to rating agencies and capital markets that the City is well managed and is therefore likely to meet its debt obligations in a timely manner. The approval of the amended debt policy will demonstrate our continued commitment. The proposed policy is included as Attachment 1a (redline version) and Attachment 1b (clean version). 220-07 City Disclosure Policy Staff also recommends revising the 220-07 City Disclosure Policy that was first approved in 2016. This disclosure policy was approved to help augment the City’s debt policy. It formally memorialized the proper procedures for effective and informative debt disclosure to all bond market stakeholders. Given new Governmental Accounting Standards Board (GASB) standards that have created changes in what is considered debt and deemed reportable, the City saw the need to update the current disclosure policy. The approval of the amended disclosure policy will ensure that the City stays current with new disclosure rules. The proposed policy is included as Attachment 2a (redline version) and Attachment 2b (clean version). 662-13 Fraud Prevention in the Workplace Policy The 662-13 Fraud Prevention in the Workplace policy was last updated in 2009. This policy has been revised to include language from CalPERS describing that if an employee is convicted of a felony in a state or federal court for fraudulent activities conducted in the workplace, they may face forfeiture of accrued rights and Page 656 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 3 benefits in any public retirement system. The title has been updated to “Fraud Prevention in the Workplace.” The proposed policy is included as Attachment 3a (redline version) and Attachment 3b (clean version). City Council Policies Recommended to be Rescinded The following policies are recommended to be rescinded as they have been superseded by other City policies and/or law (Attachments 4 – 7). Policy Number Policy Title Superseding Policies/Laws 662-03 Disabled Employment Federal Americans with Disabilities Act law City's Equal Employment Opportunity Policy (HR 201) 662-05 Sexual Harassment Policy Equal Employment Opportunity Policy (HR 201) 662-07 Substance Abuse Policy City's Substance Abuse Policy (rev. April 8, 1994) 662-08 Disability Retirement – Safety Employees Public Employees’ Retirement Law (PERL) California Public Employees Retirement System (CalPERS). Ongoing City Council Policy Review The working group will continue coordinating with departments to identify the next round of policies to present for City Council consideration to revise, rescind, and potentially adopt new policies. Staff anticipates coming back to City Council on a quarterly basis with the next set of policy recommendations planned to be presented by March 2025. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1). Consequently, this item does not present a 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. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Page 657 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda P a g e | 4 ATTACHMENTS 1. Proposed Policy 220-05 “City Debt Policy” a. Redline version b. Clean version 2. Proposed Policy 220-07 “City Disclosure Policy” a. Redline version b. Clean version 3. Proposed Policy 662-13 “Fraud Prevention in the Workplace Policy” a. Redline version b. Clean version 4. 662-03 “Disabled Employment” 5. 662-05 “Sexual Harassment Policy” 6. 662-07 “Substance Abuse Policy” 7. 662-08 “Disability Retirement – Safety Employees” Staff Contact: Courtney Chase, Deputy City Manager Page 658 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISING CITY COUNCIL POLICIES 220 -05 – CITY DEBT POLICY, 220-07 – CITY DISCLOSURE POLICY, AND 662-13 FRAUD PREVENTION IN THE WORKPLACE WHEREAS, City Council policies are the official description of a City procedure, policy or practice; and WHEREAS, the City is in the process of reviewing City Council policies to identify which ones need revisions and which ones can be rescinded; and WHEREAS, last revised in 2017, Council Policy 220-05 – City Debt Policy was established to improve decision-making quality, articulate policy goals, provide guidelines for the structure of debt issuance, and demonstrate a commitment to long-term capital and financial planning; and WHEREAS, the City Council desires to update Council Policy 220-05 – City Debt Policy to incorporate recommended practices of the Government Finance Officers Association (GFOA); and WHEREAS, first approved in 2016, Council Policy 220-07 – City Disclosure Policy was approved to help augment the City’s debt policy to memorialize the proper procedures for effective and informative debt disclosure to all bond market stakeholders; and WHEREAS, the City Council desires to update Council Policy 220-07 – City Disclosure Policy to incorporate new disclosure rules from the Governmental Accounting Standards Board (GASB); and WHEREAS, last updated in 2009, Council Policy 662-13 – Fraud Prevention in the Workplace policy establishes policy and procedures for clarifying acts that are considered to be fraudulent; and WHEREAS, the City Council desires to update Council Policy 662-13 – Fraud Prevention in the Workplace to include language describing that if an employee is convicted of a felony in a state or federal court for fraudulent activities conducted in the workplace, they may face forfeiture of accrued rights and benefits in any public retirement system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves revised Council Policies 220-05 – City Debt Policy, 220-07 – City Disclosure Policy, and 662-13 Fraud Prevention in the Workplace, in the forms presented, with such minor modifications as may be required or approved by the City Attorney. Page 659 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by __________________________________ ___________________________________ Courtney Chase Marco A. Verdugo Deputy City Manager City Attorney Page 660 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING CITY COUNCIL POLICIES 662- 03 – DISABLED EMPLOYMENT, 662-05 – SEXUAL HARASSMENT POLICY, 662-07 – SUBSTANCE ABUSE POLICY, AND 662-08 DISABILITY RETIREMENTS, SAFETY EMPLOYEES WHEREAS, City Council policies are the official description of a City procedure, policy or practice; and WHEREAS, the City is in the process of reviewing City Council policies to identify which ones need revisions and which ones can be rescinded; and WHEREAS, several City Council policies have been identified as being superseded by other City policies or laws; and WHEREAS, Council Policy 662-03 – Disabled Employment has been superseded by the Federal Americans with Disabilities Act law and the City’s Equal Employment Opportunity Policy (HR 201); and WHEREAS, Council Policy 662-05 – Sexual Harassment Policy has been superseded by the City’s Equal Employment Opportunity Policy (HR 201); and WHEREAS, Council Policy 662-07 – Substance Abuse Policy has been superseded by the City’s Substance Abuse Policy (rev. April 8, 1994); and WHEREAS, the procedures described in Council Policy 662-08 – Disability Retirement – Safety Employees are outlined under the Public Employees’ Retirement Law (PERL) and California Public Employees Retirement System (CalPERS); and WHEREAS, and the City Council desires to rescind these outdated policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it rescinds Council Policies 662-03 – Disabled Employment, 662-05 – Sexual Harassment Policy, 662-07 – Substance Abuse Policy, and 662-08 – Disability Retirement, Safety Employees Presented by: Approved as to form by: ________________________________ ___________________________________ Courtney Chase Marco A. Verdugo Deputy City Manager City Attorney Page 661 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 1 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) BACKGROUND The following policies have been developed to provide guidance in the issuance and management of debt by the City of Chula Vista. The main objectives are to establish conditions for the use of debt; to ensure that debt capacity and affordability are adequately considered; to minimize the City’s interest and issuance costs; to maintain the highest possible credit rating; to provide complete financial disclosure and reporting and; to maintain financial flexibility for the City. Debt, properly issued and managed, is a critical element in any financial management program. It assists in the City’s effort to allocate limited resources to provide the highest quality of service to the public. The City understands that poor debt management can have ripple effects that hurt other areas of the City. On the other hand, a properly managed debt program promotes economic growth and enhances the vitality of the City of Chula Vista (also referred to as, “City”) for its residents and businesses. This Debt Policy will also applyapplies to any debt issued by the Successor Agency, the Chula Vista Public Financing Authority, the Chula Vista Municipal Financing Authority or, any Mello-Roos Community Facilities District formed by the City, or any other entity for which the City Council serves as the governing body, as applicable. The Debt Policy has been developed to provide guidance in the issuance and management of debt by the City of Chula Vista or its related entities and is intended to comply with Government Code Section 8855(i), effective on January 1, 2017. PURPOSE To establish a formal City debt policy. The purpose of the Debt Policy is to set forth the principles and objectives that should guide the City’s decisions in the responsible issuance and management of debt by the City. The main objectives are to establish conditions for the use of debt; to ensure that debt capacity and affordability are adequately considered; to minimize the City’s interest and issuance costs; to maintain the highest possible credit rating; to provide complete financial disclosure and reporting; and to maintain financial flexibility for the City. In addition, the Debt Policy is intended to comply with the requirements of California Government Code Section 8855(i), requiring any issuer of public debt to provide to the California Debt and Investment Advisory Commission (CDIAC), no later than thirty days prior to the sale of any debt, a report of the proposed issuance, including certification that the issuer has adopted local debt policies concerning the use of debt and that the proposed debt issuance is consistent with those policies. Page 662 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 2 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) POLICY GENERAL POLICIES The Finance Team All debt issued byof the City of Chula Vista or its related entities shall be issued under the direction of the City Manager or Director of Finance /Treasurer, with the Mayor and City Council providing final approval at a public meeting. The City Manager or Finance Director of Finance/Treasurer will determine the composition of the “Finance Team” involved in each issuance. The Finance Team mayshall consist of both City Staff and outside finance professionals. The Finance Director of Finance/Treasurer shall decide which City Staff and outside professionals, when utilized, to include on the Finance Team. Critical outside finance professionals include:  Underwriter: markets For negotiated sales, the Underwriter purchases the City’s debt and sells debtit to investors.  FinancialMunicipal Advisor: independent financial expert providing financial advice to the City on all aspects of debt.  Bond Counsel: legal counsel that prepares the resolutions, ordinances, agreements and other legal documents required.  Disclosure Counsel: provides legal advice on all disclosure documents and issues in connection to the financing. May be same entity that provides Bond Counsel services.  Trustee: typically, a commercial bank or trust company responsible for the collection and repayment of principal and interest to bondholders, as well as administering the investment of reserve funds, accounting and disbursement of bond proceeds.  DistrictSpecial Tax Consultant: provide special district expertise, statistics, data analysis, and disclosure support in the issuance of Special District debt. (e.g. Mello-Roos Community Facilities District and assessment district debt). Selection of Outside Professionals When identifying membersThe selection of the Financing Team, the selection of underwriters and financial consultants providing professional services shall be based upon qualifications, experience, and cost; typically, through a formal Request for Proposal ((“RFP)”) Process. Procurement of other services related to the issuance of debt shall be through a competitive bidding process whenever reasonable. Depending on circumstances it may be advantageous for the City to participate in a pooled debt issuance with a number of local agencies where issue costs are shared and the underwriters and/or financial consultantsFinancing Team are pre-selected by the managing organization. Due to the overall cost savings involved, programs such as the California Statewide Communities Development Authority’s “Tax and Revenue Anticipation Note” program are options for the City to consider. Use of Debt Page 663 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 3 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) The City typically issues debt to fund long-term capital improvement projects and to refinance existing debt for debt service cost savings or other benefits. The City develops an annual capital improvement program (“CIP”) budget. The City will consider the use of debt financing primarily for capital improvement projects (included in the CIP) when the project’s useful life will exceed the term of the financing and when ongoing resources are identified sufficient to fund the debt service requirements. The CIP shall provide the basis for determining long-term capital needs of the City and may be supplemented with longer term capital plans or master plans when appropriate. As necessary, the Finance Department shall work with the various City departments to develop financial forecasts related to the CIP to identify the optimal method to finance the program, including pay-as-you-go (“pay-go”) and/or the issuance of debt obligations. Some exceptions to this CIP -driven focus are the issuance of debt such as Pension Obligation Bonds, where the financial benefits areto pay the pension liability are estimated to be significantly greater than the costs and where the benefits are determined to be a financially prudent option; and short-term instruments such as tax and revenue anticipation notes, which are to be used for prudent cash management purposes. Bonded debt should not be issued for projects with minimal public benefit or support, or to finance normal operating expenses. If a department has any project which is expected to use debt financing, the department director is responsible for expeditiously providing the Finance Department with reasonable cost estimates, including specific revenue accounts that will provide payment for the debt service. This will allow the Finance Department to do an analysis ofanalyze the project’s potential impact on the City’s debt capacity and limitations. While the preferred means of financing projects is the pay-go method of using current revenues to pay for capital projects because it avoids financing costs, the City would be able to undertake capital projects under this method only if sufficient cash accumulates. Prudent use of debt financing rather than pay-go funding of capital projects distributes the cost of a project over its useful life, facilitates better allocation of resources, and increases financial flexibility. Debt can also be used in conjunction with pay-go financing to pay only a portion of the project using debt if insufficient funds are available from non - debt sources. Below are the conditions under which debt may be a better choice for the City:  Low interest rates. Low interest rates mean a lower total cost of borrowing.  Soft construction market. The community can benefit if the City uses debt to build more assets while construction costs are low. Page 664 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 4 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  The asset has a long useful life. Assets that last a long time will benefit residents far into the future. It is fair for these future residents to help pay the cost of the asset by paying for some of the debt.  The City forecasts show that debt is affordable. Debt adds a long-term cost to the budget. However, the affordability of debt may be a more equitable method of funding the capital needs at the outset, and paying for the obligation over the long-term.  Use of debt is consistent with legal and other limits. Applicable federal, state and local law and this policy (unless any provision of this policy is waived by City Council) describe limits that the City must observe. Bonded debt should not be issued for projects with minimal public benefit or support, or to finance normal operating expenses. There are many cases where debt is not the right financing tool. Below are important cases where debt should not be used:  Paying for ongoing public services. Ongoing public services benefit current residents, but debt will be paid by future residents.  Life of the debt is longer than the life of the capital asset it funds. If the debt lasts longer than the capital asset, then future residents will pay for an asset that they do not benefit from.  Cost of issuing debt is too high. The City has to pay certain costs and fees to issue debt. These costs may outweigh the benefits that debt provides, especially for small capital projects. Relationship of Debt to Capital Improvement Program and Budget The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s capital budget and the capital improvement plan.CIP. The City shall strive to fund the upkeep and maintenance of its infrastructure and facilities due to normal wear and tear through the expenditure of available operating revenues. The City shall seek to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear, unless a specific revenue source has been identified for this purpose, such as Gas Tax. The City shall integrate its debt issuances with the goals of its capital improvement programCIP by timing the issuance of debt to ensure that projects are available when needed in furtherance of the City’s public purposes. Page 665 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 5 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) The City shall seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its general fundGeneral Fund. Policy Goals Related to Planning Goals and Objectives The City is committed to financial planning, maintaining appropriate reservesreserve levels and employing prudent practices in governance, management and budget administration. The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s annual operating budget. It is a policy goal of the City to protect taxpayers, ratepayers and constituentsresidents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs. The City will comply with applicable state and federal law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates and charges. Except as described under the caption “DEBT ISSUANCE” below, when refinancing debt, it shall be the policy goal of the City to realize, whenever possible, and subject to any overriding non -financial policy considerationspracticable, minimum net present value debt service savings equal to or greater than 5% of the refunded principal amount. TYPES OF DEBT INSTRUMENTS In order to maximize the financial options available to benefit the public, it is the policy of the City to allow for the consideration of issuing all generally accepted types of debt, including, but not exclusive toexclusively, the following:  General Obligation (GO) Bonds: General Obligation Bonds are suitable for use in the construction or acquisition of improvements to real property that benefit the public at -large. Examples of projects include libraries, parks, and public safety facilities. AllUnder current State law and the City Charter, GO bonds require a 2/3 vote of the electorate in order to pass.  Revenue Bonds: Revenue Bonds are limited-liabilityspecial obligations tied to a specific enterprise revenue stream where the projects financed clearly benefit or relate to the enterprise. An example of projects that would be financed by a Revenue Bond would be improvements to the sewer system, which would be paid back with money raised from the property owner’s sewer bills. Generally, no voter approval is required to issue this type of obligation but any rate setting process for the enterprise must comply with propositionProposition 218 regarding rate adjustments. Page 666 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 6 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  Lease Revenue Bonds/ (LRB)/Certificates of Participation (COP): Lease Revenue Bonds (LRB)LRBs and COPs are commonly used to allow the City to finance projects. The LRBs and the COPs are secured by a lease from the City pursuant to which lease payments are made and budgeted for annually in an appropriation typically from the General Fund. These lease financings do not constitute indebtedness under the State Constitution or the City Charter and do not require voter approval.  Special Assessment/Special District Debt: the City will consider requests from developers for the use of debt financing secured by property -based assessments or special taxes in order to provide for necessary infrastructure for new development only under strict guidelines adopted by the City Council, which may include minimum value-to-lien ratios and maximum tax burdens. Examples of this type of debt are Assessment Districts (AD) and Community Facilities Districts (CFD) or more commonly(also known as Mello-Roos Districts.). In order to protect bondholders as well as and limit reputational risk to the City’s credit rating, allCity, the Rate and Method of Apportionment (RMA) documents of Special Tax for any City CFD must include provisions that will result in maximum projected annual special tax revenues equal to butof not less than 110% of the projected annual gross debt service on any bonds of the CFD. The City will also comply with all State guidelines regarding the issuance of special district or special assessment debt. For further information, refer to the City of Chula Vista Policy No. 505-04, last updated October 24, 2023, titled “Statement of Goals and Policies Regarding the Establishment of Community Facility Districts.”.  Industrial Development Bonds –: Industrial Development Bonds (IDBs) are tax-exempt securities which can fund manufacturing businesses or energy development projects which provides a public benefit. While the authorization to issue IDBs is provided by a state statute, the tax-exempt status of these bonds is derived from federal law (IRS Code Section 103(b) (2).)).  Tax Allocation Bonds –: Tax Allocation Bonds are special obligations that are secured by the allocation of tax increment revenues that were generated by increased property taxes in the designated redevelopment area. Tax Allocation Bonds are not debt of the City. Due to changes in the law affecting California Redevelopment agencies with the passage of ABX1 26 as codified in the California Health and Safety Code, the City of Chula Vista Redevelopment Agency (RDA) was dissolved as of February 1, 2012, and its operations substantially eliminated but for the continuation of certain enforceable RDA obligations to be administered by the City of Chula Vista Successor Agency. The terms of ABX 1ABX1 26 requiresrequire successor agencies to perform all obligations with respect to enforceable debt obligations, which include Tax Allocation Bonds.  Multi-Family Mortgage Revenue Bonds –: The City Housing Authority is authorized to issue mortgage revenue bonds to finance the development, acquisition and rehabilitation of multi - family rental projects. The interest on the bonds can be exempt from Federalfederal and Statestate taxation. As a result, bonds provide below market financing for qualified rental projects. In addition, the bonds issued can qualify projects for allocations of Federalfederal low- Page 667 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 7 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) income housing tax credits, which can provide a significant portion of the funding necessary to develop affordable housing. For further information, refer to the Chula Vista Housing Authority – Multi-Family Administrative Bond Policies.  HUD Section 108 Loan Guarantee Program –: The U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program allows cities to use their annual Community Development Block Grant (CDBG) entitlement grants to obtain federally guaranteed funds large enough to stimulate or pay for major community development and economic development projects. The program does not require a pledge of the City’s General Fund, only of future CDBG entitlements. By pledging future CDBG entitlement grants as security, the City can borrow at favorable interest rates because of HUD’s guarantee of repayment to investors.  Pension Obligation Bonds –: Pension Obligation Bonds (POB) are bonds (usually taxable) which are issued to finance an unfunded pension liability of the entity.  Small-Equipment Lease Financing. The City may employ small equipment lease financing at the request of City departments after analysis and due-diligence review by the Finance Department. Requests from City departments must demonstrate the need (e.g., legal, environmental, cash flow) for small equipment lease financing, and the City departments must provide projected drawdown schedules showing that borrowed funds will be spent in accordance with requirements of the Internal Revenue Service (IRS), if applicable.  State and Federal Loans. From time-to-time, the State and the federal government offer loan programs for specified types of projects which may be at subsidized interest rates. The City may obtain such loans to be repaid from the revenues of the enterprise to which the financed project relates or from the City’s General Fund, as applicable. Such loans may be structured as installment sale agreements, lease revenue bonds or such structure as the City may deem appropriate to comply with applicable law. DEBT AFFORDABILITY AND LIMITATIONS Debt capacity and affordability will be determined by conducting various analyses prior to the issuance of bonds. The analysis of debt capacity should cover a broad range of factors including but not limited to the following:  Statutory or constitutional limitations affecting the amount that can be issued, such as legally authorized debt limits and tax or expenditure ceilings.  Other legal limitations, such as coverage requirements or additional bonds tests imposed by bond covenants.  Evaluation of trends relating to the government’s financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements, reliability of revenues expected to pay debt service and unreserved fund balance levels.  Debt service as a percentage of total General Fund Revenuesrevenues. Page 668 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 8 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  TheAssessed valuation of property within the City. With respect to General Fund-backed obligations, the City will attempt to limit the total amount of annual debt service payments payable by the General Fund to no more than 10% of estimated total General Fund revenues. Under state law, general obligation bonds shall not exceed 15% of total assessed valuation within the City. In addition, in analyzing the affordability of debt to be repaid from the General Fund, the City should take into consideration other long-term costs which are also paid from the General Fund, such as pension and other benefit costs. With respect to general obligation bonds, state law and the City’s Charter limit the amount of general obligation bonds to be issued to 15% or less of total assessed valuation within the City. With respect to enterprise financings, in accordance with bond covenants, the revenues generated by the applicable enterprise must be sufficient to maintain the required coverage levels. With respect to small-equipment lease financings, consideration should be given to the burden on the fund expected to repay the financing and the impact on the General Fund, if any. An analysis using current market rates and conservative projections showing compliance with the debt affordability limitations included in this Debt Policy shall be conducted before the issuance of any debt with a maturity longer than two years from date of issue. Data showing direct and overlapping debt levels for the City of Chula Vista and surrounding agencies that affect the residents of the City shall be compiled for inclusion in the Annual Comprehensive Annual Financial Report (CAFR) of the City. DEBT STRUCTURING In order to maximize financial flexibility in a constantly-changing debt market, the City shall be allowed to structure its debt issuances using generally accepted methods for municipalities. The guiding principal shall be to structure debt issuances so that the City’s overall costs are minimized while still maintaining or increasing the City’s credit rating. Allowable structures include, but are not limited to the issuance of:  Serial and/or Term Bonds: Serial Bonds are those in an issue that mature in consecutive years, whereas Term Bonds come due in a single maturity but are paid in part each year from sinking fund installments. Page 669 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 9 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  Fixed and Variable Rate Debt: Fixed rate debt is when an interest rate on a security does not change for the remaining life of the security, where Variablevariable rate debt or “floating rate” changes at intervals according to market conditions or a predetermined index or formula.  Capital Appreciation/Zero Coupon Bonds: Capital Appreciation/Zero Coupon Bonds are bonds sold at an original issue discount on which no periodic interest payments are made prior to maturity. Interest compounds semiannually at a stated interest rate. At maturity the original principal amount plus all accreted interest is paid to the investor.  Bonds with Capitalized Interest: Bonds with capitalized interest have a portion of the proceeds of an issue set aside to pay interest on the bonds for a specified period of time.  Senior and Junior Lien Structures: Senior Lienlien bonds have a priority claim against pledged revenues, while Junior Lienjunior lien bonds have a subordinate claim against pledged revenues or other security. Debt service should be structured so that annual combined principal and interest payments do not dramatically vary year over year. This provides resulting in greater budget stability. Limited exceptions from level debt service will be allowed for individual debt issues when level debt service is unsuitable; for instance in the case of some refunding of debt , or when a policy decision is made to use variable rate debt. Redemption provisions should generally be included in most issuances, providing they are structured in a reasonable and cost-efficient manner as determined by the Director of Finance/Treasurer, or designee. Redemption options include but are not limited to: Redemption options include but are not limited to:  Optional Redemption: a call or prepayment provision option that is givinggiven to the issuer, often only on or after a specified date.  Mandatory Redemption: a call or prepayment provision requiring the issuer to redeem or call the bond “in-whole” which is all at once, or “in part” which is only a portion on a scheduled basis. Credit enhancement, such as letters of credit or bond insurance, may be purchased when the cost of enhancement is more than recovered by the debt service savings created. Entering into a financing utilizing letters of credit or insurance must be planned for and determined to be feasible by the Director of Finance/Treasurer, or designee. Maximum Maturity Debt obligations shall have a maximum maturity of the earlier of: Page 670 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 10 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  the reasonably estimated useful life of the Capital Improvementscapital improvements being financed; or,  thirty years; or,  in the event they are being issued to refinance outstanding debt obligations, the final maturity of the debt obligations being refinanced, unless a longer term is recommended by the Finance Team.  Such other terms which meet the financing goals of the debt issuance. The term of any debt issued should not exceed the useful life the asset is funding. The average weighted bond maturities of all debt should be 25 years or less. DEBT ISSUANCE The City will strive to minimize borrowing costs by:  Seeking the highest credit rating possible;  Maintaining transparency and excellent communications with credit rating agencies regarding the City’s fiscal condition;  Purchasing bond insurance or taking action to upgrade the City’s current credit rating. It shall be the policy of the City to allow the issuance of debt through public sale or private placement, and via competitive or negotiated sales underwriting methods. Consistent with the goal of minimizing costs, competitive sale shall be evaluated and utilized unless the Director of Finance/Treasurer decides that a negotiated sale is warranted. Factors that may impact this decision include:  Issuer/Issue Recognition: competitive sales are easier for an issuer that investors and underwriters are familiar with. If extensive marketing is needed to educate the market about the issuer or the specific credit to be sold, a negotiated sale maybe more appropriate. Similarly, even if the issuer is well-known, if the issue itself has a “story” that needs to be told, a negotiated sale may be needed to enhance the marketing and acceptance of the debt.  Issue Size: very large or very small deals may benefit from a negotiated sale over a competitive sale.  Debt Type: GO bonds and other well-known and accepted debt structures are generally suitable for competitive sales. Others such as CFDs, variable rate, or innovative structures may benefit from a negotiated sale.  Credit Ratings: issuers with high credit ratings and insured bonds lend themselves to competitive sales. UninsuredUnrated or lower rated issues are often more suitable for negotiated sales.  Market Conditions and Sale Timing: during periods of stable interest rates, market timing is not as critical. However, during times of market uncertainty when conditions are volatile, the flexibility of a negotiated sale may allow an issuer to adjusttiming of the sale date and capture Page 671 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 11 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) additionalbecomes more critical. Bond refundings are often very interest rate sensitive in terms of potential level of savings or the general feasibility of the refunding. A negotiated sale provides more flexibility in terms of the structure and timing of the bond sale and may be more appropriate when issuing refunding bonds and when interest rates are volatile. Refunding bonds are issued to retire all or a portion of an outstanding bond issue, typically to refinance at a lower interest rate and reduce debt service payment costs. Alternatively, a refunding transaction may be undertaken for reasons other than to achieve cost savings, such as to restructure debt service payments, to change the type of debt instruments being used, or to eliminate undesirable covenants. In any event, a present value savings analysis shall be prepared that identifies the financial effects of any refunding being considered. The City will seek to issue refunding bonds with the minimum goal of 5% net present value savings of the par valueprincipal amount of the proposedrefunded bonds. Anything less than an anticipated 5% savings will require additional analysis discussing the benefits of the refunding due to the cost associated with refunding debt., which may include benefits to the City apart from debt service savings (including, but not limited to, eliminating restrictive or burdensome covenants or restructuring debt to shorten/lengthen the term of the debt). Consideration shall be given to the benefit of delaying a refunding in a declining interest rate environment to capture maximum savings at the least cost. A periodic review of the City’s outstanding debt will be performed by the Finance Department to identify potential refunding opportunities. DEBT MANAGEMENT PRACTICES Internal Control Procedures When issuing debt, in addition to complying with the terms of this Debt Policy, the City shall comply with any other applicable policies regarding initial bond disclosure, continuing disclosure, post- issuance compliance, and investment of bond proceeds. The Director of Finance/Treasurer shall be the Officer of the City charged with primary responsibility for administering and implementing these internal control procedures. The City will periodically review the requirements of and will remain in compliance with the following:  • anyAny continuing disclosure undertakings under Rule 15c2-12 of the Securities and Exchange Commission (SEC).,),  • anyAny federal tax compliance requirements, including without limitation arbitrage and rebate compliance, related to any prior bond issues, and and Page 672 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 12 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024)  • theThe City’s investment policies as they relate to the investment of bond proceeds.  With respect to LRBs or COPs which involve the leasing of City property, the restrictions on the use of the leased property as set forth in the financing leases. Disclosure The City will comply with SEC Rule 15(c) 2-12 and provide timely disclosure of relevant information on an annual basis as well as any event notices as required. The City will fulfill its obligations as covenanted in all the Continuing Disclosure Agreementscontinuing disclosure undertakings associated with any active issuance.outstanding debt obligations. Documents are distributed through the Electronic Municipal Market Access (EMMA) website which can be viewed at any time by the public. The City recognizes the importance of accuracy in disclosure documents and will strive to provide full and complete disclosure. To ensure accuracy of stated facts, directors of any department that originally provided or produced any data appearing in a disclosurean offering document for the City’s debt will provide a written statement certifying the accuracy of their department’s data along with a statement denying knowledge of any misstatements or material omissions in the remainder of the disclosure document. The City has adopted disclosure policies and procedures which set forth in greater detail the City’s processes with respect to producing information for offering documents and continuing disclosure filings. The City will determine on a case-by-case basis whether or not to retain the services of an independent disclosure counsel. Arbitrage In the past, agencies took advantage of their ability to borrow at tax-exempt rates and invest the proceeds at higher rates, thus earning positive arbitrage. Since 1986, the federal tax code requires issuers of long- term, tax-exempt debt to rebate positive arbitrage to the federal government. under certain circumstances. The City will diligently monitor its compliance with all federal arbitrage regulations. Due to the complex nature of arbitrage calculations, the City may elect to h ire an outside expert consultant to perform this function. Compliance with Tax Law Provisions The City will diligently monitor its compliance with all bond legal covenants, as well as Federalfederal and Statestate requirements, with the assistance of its Finance Team and consultants. Furthermore, recognizing that the smallest of mistakes can lead to the appearance of conflicts of interest or wrongdoing, which in turn may lead to severe consequences, including criminal charges, the City will make every effort to ensure its debt financing conduct is above reproach. Page 673 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 13 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) Investment of Bond Proceeds The City shall comply with Federalall federal, state, and State regulations governingindenture restrictions, if any, regarding the use and investment of bond proceeds. Each issue shall detail allowable investments within the authorizing resolution or Trust Agreements,applicable financing documents, to which the City will adhere to. Where not specifically spelled out, the City will apply the City investment policy guiding principal commonly referred to as “SLY ”;:” Safety, Liquidity, and Yield, in that order of priority. Records Retention The City will retain records sufficient to demonstrate compliance with the requirements of federal and State law necessary to preserve the tax-exempt nature of any City Bonds or other debt for the period required by law, presently understood to be the life of the debt obligations or any succeeding refunding obligations plus 3 years. Other Provisions Bond proceeds, reserve, and repayment funds, should have separate accounting from operating or other funds, at a level distinct enough to facilitate arbitrage compliance calculations and ease of debt service and expenditure tracking. Whenever reasonably possible, proceeds of debt will be held by a third-party trustee and the City will submit written requisitions for such proceeds. The City will submit a requisition only after obtaining the signature of the City Manager or the Director of Finance/Treasurer. The maximum size of a debt service reserve funded from tax-exempt bond proceeds allowed under federal tax law, is the lesser of (1) ten percent (10%) of the issuance amount (par); (2) one-hundred- twenty-five percent (125%) of the average annual debt service; or (3) maximum annual debt service. The City shall have the option to issue debt with a debt service reserve fund that is less than the maximum allowable or without a reserve. The City Manager or the Director of Finance/Treasurer shall have the authority to determine whether to establish a debt service reserve fund, the size of any debt service reserve fund, and the investments to be purchased within the reserve. Factors to consider include the cost of a debt service reserve fund over the life of the bonds compared to expected interest earnings, and bond pricing and credit rating impacts. A debt service reserve may be funded with a surety policy when economically feasible, as determined by the Director of Finance/Treasurer. If any part of this Debt Policy conflict with Federalfederal or Statestate laws, or the City of Chula Vista Municipal Code, or Charter, such provisions will take precedence over this Debt Policy. Page 674 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 2/07/201711/12 /2024 14 of 1014 ADOPTED BY: Resolution No. 2014-012 DATED: January 1/14, /2014 AMENDED BY: Resolution NoNos. 2017-029 (2/07/2017); 2024-____ (11/12/2024) RELATIONSHIP TO OTHER POLICIES The City has adopted a Policy No. 505-04, last updated October 24, 2023, titled “Statement of Goals and Policies Regarding Establishment of Community Facility Districts” for the Use of The Mello-Roos Community Facilities Act of 1982, included as Exhibit A hereto. Special Tax Bonds issued on behalf of a CFD will also comply with these policy requirements., as applicable. WAIVERS OF DEBT POLICY  There will be circumstances from time to time when strict adherence to a provision of this Deb t Policy is not possible or not in the best interest of the City.  If the City Manager or Director of Finance/Treasurer has determined that a waiver of one or more provisions of this Debt Policy should be considered by the City Council, it will include in the agenda bill the rationale for the waiver and the impact of the waiver on the proposed debt issuance and on taxpayers, if applicable.  Upon a majority vote of the City Council, one or more provisions of this Debt Policy may be waived for a debt financing.  The failure of a debt financing to comply with one or more provisions of this Debt Policy shall in no way affect the validity of any debt issued by the City in accordance with applicable laws. Page 675 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 1 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) BACKGROUND Debt, properly issued and managed, is a critical element in any financial management program. It assists in the City’s effort to allocate limited resources to provide the highest quality of service to the public. The City understands that poor debt management can have ripple effects that hurt other areas of the City. On the other hand, a properly managed debt program promotes economic growth and enhances the vitality of the City of Chula Vista (also referred to as, “City”) for its residents and businesses. This Debt Policy applies to any debt issued by the Successor Agency, the Chula Vista Public Financing Authority, the Chula Vista Municipal Financing Authority, any Mello-Roos Community Facilities District formed by the City, or any other entity for which the City Council serves as the governing body, as applicable. PURPOSE The purpose of the Debt Policy is to set forth the principles and objectives that should guide the City’s decisions in the responsible issuance and management of debt by the City. The main objectives are to establish conditions for the use of debt; to ensure that debt capacity and affordability are adequately considered; to minimize the City’s interest and issuance costs; to maintain the highest possible credit rating; to provide complete financial disclosure and reporting; and to maintain financial flexibility for the City. In addition, the Debt Policy is intended to comply with the requirements of California Government Code Section 8855(i), requiring any issuer of public debt to provide to the California Debt and Investment Advisory Commission (CDIAC), no later than thirty days prior to the sale of any debt, a report of the proposed issuance, including certification that the issuer has adopted local debt policies concerning the use of debt and that the proposed debt issuance is consistent with those policies. POLICY GENERAL POLICIES The Finance Team All debt of the City of Chula Vista or its related entities shall be issued under the direction of the City Manager or Director of Finance /Treasurer, with the Mayor and City Council providing final approval at a public meeting. The City Manager or Director of Finance/Treasurer will determine the composition of the “Finance Team” involved in each issuance. The Finance Team shall consist of both City Staff and outside professionals. The Director of Finance/Treasurer shall decide which City Staff and outside professionals, when utilized, to include on the Finance Team. Critical outside professionals include: Page 676 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 2 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024)  Underwriter: For negotiated sales, the Underwriter purchases the City’s debt and sells it to investors.  Municipal Advisor: independent financial expert providing financial advice to the City on all aspects of debt.  Bond Counsel: legal counsel that prepares the resolutions, ordinances, agreements and other legal documents required.  Disclosure Counsel: provides legal advice on all disclosure documents and issues in connection to the financing. May be same entity that provides Bond Counsel services.  Trustee: typically, a commercial bank or trust company responsible for the collection and repayment of principal and interest to bondholders, as well as administering the investment of reserve funds, accounting and disbursement of bond proceeds.  Special Tax Consultant: provide special district expertise, statistics, data analysis, and disclosure support in the issuance of Special District debt (e.g. Mello-Roos Community Facilities District and assessment district debt). Selection of Outside Professionals The selection of the Financing Team shall be based upon qualifications, experience, and cost; typically, through a formal Request for Proposal (“RFP”) Process. Procurement of other services related to the issuance of debt shall be through a competitive bidding process whenever reasonable. Depending on circumstances it may be advantageous for the City to participate in a pooled debt issuance with a number of local agencies where issue costs are shared and the Financing Team are pre-selected by the managing organization. Due to the overall cost savings involved, programs such as the California Statewide Communities Development Authority’s “Tax and Revenue Anticipation Note” program are options for the City to consider. Use of Debt The City typically issues debt to fund long-term capital improvement projects and to refinance existing debt for debt service cost savings or other benefits. The City develops an annual capital improvement program (“CIP”) budget. The City will consider the use of debt financing primarily for projects included in the CIP when the project’s useful life will exceed the term of the financing and when ongoing resources are identified sufficient to fund the debt service requirements. The CIP shall provide the basis for determining long-term capital needs of the City and may be supplemented with longer term capital plans or master plans when appropriate. As necessary, the Finance Department shall work with the various City departments to develop financial forecasts related to the CIP to identify the optimal method to finance the program, including pay-as-you-go (“pay-go”) and/or the issuance of debt obligations. Page 677 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 3 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) Some exceptions to this CIP-driven focus are the issuance of debt such as Pension Obligation Bonds, where the financial benefits to pay the pension liability are estimated to be significantly greater than the costs and where the benefits are determined to be a financially prudent option; and short -term instruments such as tax and revenue anticipation notes, which are to be used for prudent cash management purposes. If a department has any project which is expected to use debt financing, the department director is responsible for expeditiously providing the Finance Department with reasonable cost estimates, including specific revenue accounts that will provide payment for the debt service. This will allow the Finance Department to analyze the project’s potential impact on the City’s debt capacity and limitations. While the preferred means of financing projects is the pay-go method of using current revenues to pay for capital projects because it avoids financing costs, the City would be able to undertake capital projects under this method only if sufficient cash accumulates. Prudent use of debt financing rather than pay-go funding of capital projects distributes the cost of a project over its useful life, facilitates better allocation of resources, and increases financial flexibility. Debt can also be used in conjunction with pay-go financing to pay only a portion of the project using debt if insufficient funds are available from non- debt sources. Below are the conditions under which debt may be a better choice for the City:  Low interest rates. Low interest rates mean a lower total cost of borrowing.  Soft construction market. The community can benefit if the City uses debt to build more assets while construction costs are low.  The asset has a long useful life. Assets that last a long time will benefit residents far into the future. It is fair for these future residents to help pay the cost of the asset by paying for some of the debt.  The City forecasts show that debt is affordable. Debt adds a long-term cost to the budget. However, the affordability of debt may be a more equitable method of funding the capital needs at the outset, and paying for the obligation over the long-term.  Use of debt is consistent with legal and other limits. Applicable federal, state and local law and this policy (unless any provision of this policy is waived by City Council) describe limits that the City must observe. Bonded debt should not be issued for projects with minimal public benefit or support, or to finance Page 678 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 4 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) normal operating expenses. There are many cases where debt is not the right financing tool. Below are important cases where debt should not be used:  Paying for ongoing public services. Ongoing public services benefit current residents, but debt will be paid by future residents.  Life of the debt is longer than the life of the capital asset it funds. If the debt lasts longer than the capital asset, then future residents will pay for an asset that they do not benefit from.  Cost of issuing debt is too high. The City has to pay certain costs and fees to issue debt. These costs may outweigh the benefits that debt provides, especially for small capital projects. Relationship of Debt to Capital Improvement Program and Budget The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s CIP. The City shall strive to fund the upkeep and maintenance of its infrastructure and facilities due to normal wear and tear through the expenditure of available operating revenues. The City shall seek to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear, unless a specific revenue source has been identified for this purpose, such as Gas Tax. The City shall integrate its debt issuances with the goals of its CIP by timing the issuance of debt to ensure that projects are available when needed in furtherance of the City’s public purposes. The City shall seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its General Fund. Policy Goals Related to Planning Goals and Objectives The City is committed to financial planning, maintaining appropriate reserve levels and employing prudent practices in governance, management and budget administration. The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s annual operating budget. It is a policy goal of the City to protect taxpayers, ratepayers and residents by utilizing conservative financing methods and techniques to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs. Page 679 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 5 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) The City will comply with applicable state and federal law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates and charges. Except as described under the caption “DEBT ISSUANCE” below, when refinancing debt, it shall be the policy goal of the City to realize, whenever practicable, minimum net present value debt service savings equal to or greater than 5% of the refunded principal amount. TYPES OF DEBT INSTRUMENTS In order to maximize the financial options available to benefit the public, it is the policy of the City to allow for the consideration of issuing all generally accepted types of debt, including, but not exclusively, the following:  General Obligation (GO) Bonds: General Obligation Bonds are suitable for use in the construction or acquisition of improvements to real property that benefit the public at-large. Examples of projects include libraries, parks, and public safety facilities. Under current State law and the City Charter, GO bonds require a 2/3 vote of the electorate in order to pass.  Revenue Bonds: Revenue Bonds are special obligations tied to a specific enterprise revenue stream where the projects financed clearly benefit or relate to the enterprise. An exampl e of projects that would be financed by a Revenue Bond would be improvements to the sewer system, which would be paid back with money raised from the property owner’s sewer bills. Generally, no voter approval is required to issue this type of obligation but any rate setting process for the enterprise must comply with Proposition 218.  Lease Revenue Bonds (LRB)/Certificates of Participation (COP): LRBs and COPs are used to allow the City to finance projects. The LRBs and the COPs are secured by a lease from the City pursuant to which lease payments are made and budgeted for annually in an appropriation typically from the General Fund. These lease financings do not constitute indebtednes s under the State Constitution or the City Charter and do not require voter approval.  Special Assessment/Special District Debt: the City will consider requests from developers for the use of debt financing secured by property-based assessments or special taxes in order to provide for necessary infrastructure for new development only under strict guidelines adopted by the City Council, which may include minimum value-to-lien ratios and maximum tax burdens. Examples of this type of debt are Assessment Districts (AD) and Community Facilities Districts (CFD) (also known as Mello-Roos Districts). In order to protect bondholders and limit reputational risk to the City, the Rate and Method of Apportionment of Special Tax for any City CFD must include provisions that will result in maximum projected annual special tax revenues of not less than 110% of the projected annual gross debt service on any bonds of the CFD. The City will also comply with all State guidelines regarding the issuance of special district or special assessment debt. For further information, refer to the City of Chula Vista Policy No. Page 680 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 6 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) 505-04, last updated October 24, 2023, titled “Statement of Goals and Policies Regarding Establishment of Community Facility Districts”.  Industrial Development Bonds: Industrial Development Bonds (IDBs) are tax-exempt securities which can fund manufacturing businesses or energy development projects which provides a public benefit. While the authorization to issue IDBs is provided by a state statute, the tax - exempt status of these bonds is derived from federal law (IRS Code Section 103(b) (2)).  Tax Allocation Bonds: Tax Allocation Bonds are special obligations that are secured by the allocation of tax increment revenues that were generated by increased property taxes in the designated redevelopment area. Tax Allocation Bonds are not debt of the City. Due to changes in the law affecting California Redevelopment agencies with the passage of ABX1 26 as codified in the California Health and Safety Code, the City of Chu la Vista Redevelopment Agency (RDA) was dissolved as of February 1, 2012, and its operations substantially eliminated but for the continuation of certain enforceable RDA obligations to be administered by the City of Chula Vista Successor Agency. The terms of ABX1 26 require successor agencies to perform all obligations with respect to enforceable debt obligations, which include Tax Allocation Bonds.  Multi-Family Mortgage Revenue Bonds: The City Housing Authority is authorized to issue mortgage revenue bonds to finance the development, acquisition and rehabilitation of multi - family rental projects. The interest on the bonds can be exempt from federal and state taxation. As a result, bonds provide below market financing for qualified rental projects. In addition, the bonds issued can qualify projects for allocations of federal low-income housing tax credits, which can provide a significant portion of the funding necessary to develop affordable housing. For further information, refer to the Chula Vista Housing Authority – Multi-Family Administrative Bond Policies.  HUD Section 108 Loan Guarantee Program: The U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program allows cities to use their annual Community Development Block Grant (CDBG) entitlement grants to obtain federally guaranteed funds large enough to stimulate or pay for major community development and economic development projects. The program does not require a pledge of the City’s General Fund, only of future CDBG entitlements. By pledging future CDBG entitlement grants as security, the City can borrow at favorable interest rates because of HUD’s guarantee of repayment to investors.  Pension Obligation Bonds: Pension Obligation Bonds (POB) are bonds (usually taxable) which are issued to finance an unfunded pension liability of the entity.  Small-Equipment Lease Financing. The City may employ small equipment lease financing at the request of City departments after analysis and due-diligence review by the Finance Department. Requests from City departments must demonstrate the need (e.g., legal, environmental, cash flow) for small equipment lease financing, and the City departments must Page 681 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 7 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) provide projected drawdown schedules showing that borrowed funds will be spent in accordance with requirements of the Internal Revenue Service (IRS), if applicable.  State and Federal Loans. From time-to-time, the State and the federal government offer loan programs for specified types of projects which may be at subsidized interest rates. The City may obtain such loans to be repaid from the revenues of the enterprise to which the financed project relates or from the City’s General Fund, as applicable. Such loans may be structured as installment sale agreements, lease revenue bonds or such structure as the City may deem appropriate to comply with applicable law. DEBT AFFORDABILITY AND LIMITATIONS Debt capacity and affordability will be determined by conducting various analyses prior to the issuance of bonds. The analysis of debt capacity should cover a broad range of factors including but not limited to the following:  Statutory or constitutional limitations affecting the amount that can be issued, such as legally authorized debt limits and tax or expenditure ceilings.  Other legal limitations, such as coverage requirements or additional bonds tests imposed by bond covenants.  Evaluation of trends relating to the government’s financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements, reliability of revenues expected to pay debt service and unreserved fund balance levels.  Debt service as a percentage of total General Fund revenues.  Assessed valuation of property within the City. With respect to General Fund-backed obligations, the City will attempt to limit the total amount of annual debt service payments payable by the General Fund to no more than 10% of estimated total General Fund revenues. In addition, in analyzing the affordability of debt to be repaid from the General Fund, the City should take into consideration other long-term costs which are also paid from the General Fund, such as pension and other benefit costs. With respect to general obligation bonds, state law and the City’s Charter limit the amount of general obligation bonds to be issued to 15% or less of total assessed valuation within the City. With respect to enterprise financings, in accordance with bond covenants, the revenues generated by the applicable enterprise must be sufficient to maintain the required coverage levels. With respect to small-equipment lease financings, consideration should be given to the burden on the fund expected to repay the financing and the impact on the General Fund, if any. Page 682 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 8 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) An analysis using current market rates and conservative projections showing compliance with the debt affordability limitations included in this Debt Policy shall be conducted before the issuance of any debt with a maturity longer than two years from date of issue. Data showing direct and overlapping debt levels for the City and surrounding agencies that affect the residents of the City shall be compiled for inclusion in the Annual Comprehensive Financial Report of the City. DEBT STRUCTURING In order to maximize financial flexibility in a constantly-changing debt market, the City shall be allowed to structure its debt issuances using generally accepted methods for municipalities. The guiding principal shall be to structure debt issuances so that the City’s overall costs are minimized while still maintaining or increasing the City’s credit rating. Allowable structures include, but are not limited to the issuance of:  Serial and/or Term Bonds: Serial Bonds are those in an issue that mature in consecutive years, whereas Term Bonds come due in a single maturity but are paid in part each year from sinking fund installments.  Fixed and Variable Rate Debt: Fixed rate debt is when an interest rate on a security does not change for the remaining life of the security, where variable rate debt or “floating rate” changes at intervals according to market conditions or a predetermined index or formula.  Capital Appreciation/Zero Coupon Bonds: Capital Appreciation/Zero Coupon Bonds are bonds sold at an original issue discount on which no periodic interest payments are made prior to maturity. Interest compounds semiannually at a stated interest rate. At maturity the original principal amount plus all accreted interest is paid to the investor.  Bonds with Capitalized Interest: Bonds with capitalized interest have a portion of the proceeds of an issue set aside to pay interest on the bonds for a specified period of time.  Senior and Junior Lien Structures: Senior lien bonds have a priority claim against pledged revenues, while junior lien bonds have a subordinate claim against pledged revenues or other security. Debt service should be structured so that annual combined principal and interest payments do not dramatically vary year over year resulting in greater budget stability. Limited exceptions from level debt service will be allowed for individual debt issues when level debt service is unsuitable; for instance in the case of some refunding of debt, or when a policy decision is made to use variable rate debt. Redemption provisions should generally be included in most issuances, providing they are structured Page 683 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 9 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) in a reasonable and cost-efficient manner as determined by the Director of Finance/Treasurer, or designee. Redemption options include but are not limited to:  Optional Redemption: a call or prepayment provision option that is giv en to the issuer, often only on or after a specified date.  Mandatory Redemption: a call or prepayment provision requiring the issuer to redeem or call the bond “in-whole” which is all at once, or “in part” which is only a portion on a scheduled basis. Credit enhancement, such as letters of credit or bond insurance, may be purchased when the cost of enhancement is more than recovered by the debt service savings created. Entering into a financing utilizing letters of credit or insurance must be planned for and determined to be feasible by the Director of Finance/Treasurer, or designee. Maximum Maturity Debt obligations shall have a maximum maturity of the earlier of:  the reasonably estimated useful life of the capital improvements being financed; or,  thirty years; or,  in the event they are being issued to refinance outstanding debt obligations, the final maturity of the debt obligations being refinanced, unless a longer term is recommended by the Finance Team.  Such other terms which meet the financing goals of the debt issuance. The term of any debt issued should not exceed the useful life the asset is funding. The average weighted bond maturities of all debt should be 25 years or less. DEBT ISSUANCE The City will strive to minimize borrowing costs by:  Seeking the highest credit rating possible;  Maintaining transparency and excellent communications with credit rating agencies regarding the City’s fiscal condition;  Purchasing bond insurance or taking action to upgrade the City’s current credit rating. It shall be the policy of the City to allow the issuance of debt through public sale or private placement, Page 684 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 10 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) and via competitive or negotiated sales underwriting methods. Consistent with the goal of minimizing costs, competitive sale shall be evaluated and utilized unless the Director of Finance/Treasurer decides that a negotiated sale is warranted. Factors that may impact this decision include:  Issuer/Issue Recognition: competitive sales are easier for an issuer that investors and underwriters are familiar with. If extensive marketing is needed to educate the market about the issuer or the specific credit to be sold, a negotiated sale maybe more appropriate. Similarly, even if the issuer is well-known, if the issue itself has a “story” that needs to be told, a negotiated sale may be needed to enhance the marketing and acceptance of the debt.  Issue Size: very large or very small deals may benefit from a negotiated sale over a competitive sale.  Debt Type: GO bonds and other well-known debt structures are generally suitable for competitive sales. Others such as CFDs, variable rate, or innovative structures may benefit from a negotiated sale.  Credit Ratings: issuers with high credit ratings and insured bonds lend themselves to competitive sales. Unrated or lower rated issues are often more suitable for negotiated sales.  Market Conditions and Sale Timing: during periods of stable interest rates, market timing is not as critical. However, during times of market uncertainty when conditions are volatile, the timing of the sale becomes more critical. Bond refundings are often very interest rate sensitive in terms of potential level of savings or the general feasibility of the refunding. A negotiated sale provides more flexibility in terms of the structure and timing of the bond sale and may be more appropriate when issuing refunding bonds and when interest rates are volatile. Refunding bonds are issued to retire all or a portion of an outstanding bond issue, typically to refinance at a lower interest rate and reduce debt service payment costs. Alternatively, a refunding transaction may be undertaken for reasons other than to achieve cost savings, such as to restructure debt service payments, to change the type of debt instruments being used, or to eliminate undesirable covenants. In any event, a present value savings analysis shall be prepared that identifies the financial effects of any refunding being considered. The City will seek to issue refunding bonds with the minimum goal of 5% net present value savings of the principal amount of the refunded bonds. Anything less than an anticipated 5% savings will require additional analysis discussing the benefits of the refunding due to the cost associated with refunding debt, which may include benefits to the City apart from debt service savings (including, but not limited to, eliminating restrictive or burdensome covenants or restructuring debt to shorten/lengthen the term of the debt). Consideration shall be given to the benefit of delaying a refunding in a declining interest rate environment to capture maximum savings at the least cost. Page 685 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 11 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) A periodic review of the City’s outstanding debt will be performed by the Finance Department to identify potential refunding opportunities. DEBT MANAGEMENT PRACTICES Internal Control Procedures When issuing debt, in addition to complying with the terms of this Debt Policy, the City shall comply with any other applicable policies regarding initial bond disclosure, continuing disclosure, post- issuance compliance, and investment of bond proceeds. The Director of Finance/Treasurer shall be the Officer of the City charged with primary responsibility for administering and implementing these internal control procedures. The City will periodically review the requirements of and will remain in compliance with the following:  Any continuing disclosure undertakings under Rule 15c2-12 of the Securities and Exchange Commission (SEC),  Any federal tax compliance requirements, including without limitation arbitrage and rebate compliance, and  The City’s investment policies as they relate to the investment of bond proceeds.  With respect to LRBs or COPs which involve the leasing of City property, the restrictions on the use of the leased property as set forth in the financing leases. Disclosure The City will comply with SEC Rule 15(c) 2-12 and provide timely disclosure of relevant information on an annual basis as well as any event notices as required. The City will fulfill its obligations as covenanted in all continuing disclosure undertakings associated with any outstanding debt obligations. Documents are distributed through the Electronic Municipal Market Access (EMMA) website which can be viewed at any time by the public. The City recognizes the importance of accuracy in disclosure documents and will strive to provide full and complete disclosure. To ensure accuracy of stated facts, directors of any department that originally provided or produced any data appearing in an offering document for the City’s debt will provide a written statement certifying the accuracy of their department’s data along with a statement denyin g knowledge of any misstatements or material omissions in the remainder of the disclosure document. The City has adopted disclosure policies and procedures which set forth in greater detail the City’s processes with respect to producing information for offering documents and continuing disclosure filings. Arbitrage In the past, agencies took advantage of their ability to borrow at tax-exempt rates and invest the proceeds Page 686 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 12 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) at higher rates, thus earning positive arbitrage. Since 1986, the federal tax code requires issuers of long- term, tax-exempt debt to rebate positive arbitrage to the federal government under certain circumstances. The City will diligently monitor its compliance with all federal arbitrage regulations. Due to the complex nature of arbitrage calculations, the City may elect to hire an outside expert consultant to perform this function. Compliance with Tax Law Provisions The City will diligently monitor its compliance with all bond legal covenants, as well as federal and state requirements, with the assistance of its Finance Team and consultants. Furthermore, recognizing that the smallest of mistakes can lead to the appearance of conflicts of interest or wrongdoing, which in turn may lead to severe consequences, including criminal charges, the City will make every effort to ensure its debt financing conduct is above reproach. Investment of Bond Proceeds The City shall comply with all federal, state, and indenture restrictions, if any, regarding the use and investment of bond proceeds. Each issue shall detail allowable investments within the authorizing resolution or applicable financing documents, to which the City will adhere. Where not specifically spelled out, the City will apply the City investment policy guiding principal commonly referred to as “SLY:” Safety, Liquidity, and Yield, in that order of priority. Records Retention The City will retain records sufficient to demonstrate compliance with the requirements of federal and State law necessary to preserve the tax-exempt nature of any City debt for the period required by law, presently understood to be the life of the debt obligations or any succeeding refunding obligations plus 3 years. Other Provisions Bond proceeds, reserve, and repayment funds, should have separate accounting from operating or other funds, at a level distinct enough to facilitate arbitrage compliance calculations and ease of debt service and expenditure tracking. Whenever reasonably possible, proceeds of debt will be held by a third-party trustee and the City will submit written requisitions for such proceeds. The City will submit a requisition only after obtaining the signature of the City Manager or the Director of Finance/Treasurer. The maximum size of a debt service reserve funded from tax-exempt bond proceeds allowed under federal tax law, is the lesser of (1) ten percent (10%) of the issuance amount (par); (2) one-hundred- twenty-five percent (125%) of the average annual debt service; or (3) maximum annual debt service. The City shall have the option to issue debt with a debt service reserve fund that is less than the maximum allowable or without a reserve. Page 687 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 13 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) The City Manager or the Director of Finance/Treasurer shall have the authority to determine whether to establish a debt service reserve fund, the size of any debt service reserve fund, and the investments to be purchased within the reserve. Factors to consider include the cost of a debt service reserve fund over the life of the bonds compared to expected interest earnings, and bond pricing and credit rating impacts. A debt service reserve may be funded with a surety policy when economically feasible, as determined by the Director of Finance/Treasurer. If any part of this Debt Policy conflict with federal or state laws, or the City of Chula Vista Municipal Code, or Charter, such provisions will take precedence over this Debt Policy. RELATIONSHIP TO OTHER POLICIES The City has adopted Policy No. 505-04, last updated October 24, 2023, titled “Statement of Goals and Policies Regarding Establishment of Community Facility Districts” for the Use of The Mello-Roos Community Facilities Act of 1982, included as Exhibit A hereto. Special Tax Bonds issued on behalf of a CFD will also comply with these policy requirements, as applicable. WAIVERS OF DEBT POLICY  There will be circumstances from time to time when strict adherence to a provision of this Debt Policy is not possible or not in the best interest of the City.  If the City Manager or Director of Finance/Treasurer has determined that a waiver of one or more provisions of this Debt Policy should be considered by the City Council, it will include in the agenda bill the rationale for the waiver and the impact of the waiver on the proposed debt issuance and on taxpayers, if applicable.  Upon a majority vote of the City Council, one or more provisions of this Debt Policy may be waived for a debt financing.  The failure of a debt financing to comply with one or more provisions of this Debt Policy shall in no way affect the validity of any debt issued by the City in accordance with applicable laws. Page 688 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-05 11/12/2024 14 of 14 ADOPTED BY: Resolution No. 2014-012 DATED: 1/14/2014 AMENDED BY: Resolution Nos. 2017-029 (2/07/2017); 2024-___ (11/12/2024) Page 689 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 1 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) BACKGROUND The City Council adopted the City’s Debt Policy No. 220-05 on January 14, 2014. ; it was amended on November 12, 2024. The City’s Debt Policy includedincludes a brief summary of the City’s disclosure requirements. The main objectives of this policy are to expand on the City’s legal requirements related to debt disclosure; to define the appropriate roles and responsibilities necessary for continued compliance; and to certify compliance by all officers involved related to future offering documents. PURPOSE ToThe purpose of this Policy is to set forth policies and principles of the City’s disclosure obligations related to securities , including notes, bonds and certificates of participation, issued by the City and , associated financing authorities, assessment districts, and community facilities districts (“CFDs”) to ensure that the City and such related entities. continue to comply with all applicable disclosure obligations and requirements under the federal securities laws. POLICY GENERAL POLICIES Legal Requirements The From time to time, the City issues securities, associated financing authorities, assessment districts and CFDs issue certificates of participation, lease revenue bonds, pension obligation bonds, revenue bonds, notes or other obligations, (collectively, “Obligations”) in the public order to fund or refund capital market.investments, other long-term programs and working capital needs, as applicable. When bondsObligations are issued, to the public and at other times when the City has an obligation to disclose all material information and to meetmakes certain standards in compliancereports, the City must comply with the “anti-fraud rules” of federal securities laws. These include but are not limited(“Anti- fraud rules” refers to Section 17 of the Securities Act of 1933 – Anti-Fraud,and Section 10(b) of the Securities and Exchange Act of 1934, and regulations adopted by the Securities and Exchange Commission (SEC) Rule 10b5, and SEC Rule 15c-2-12.under those Acts, particularly “Rule 10b-5” under the 1934 Act). The core requirement of these rules is that potential investors in Obligations must be provided with all “material” information relating to the offered Obligations. The information provided to investors must not contain any material misstatements, and the City must not omit material information which would be necessary to provide to investors a complete and transparent description of the Obligations and the Page 690 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 2 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) City’s financial condition (or, in the case of CFD Obligations, the development within the CFD and other factors which may affect the willingness or ability of the property owner therein to pay special taxes when due). In the context of the sale of securities, a fact is considered to be “material” if there is a substantial likelihood that a reasonable investor would consider it to be important in determining whether or not to purchase the securities being offered. The consequence of incomplete, inaccurate or misleading disclosure could have significant financial impacts on the City and on individual elected officials, officers, and staff. These actions include, but are not limited to:  Securities and Exchange Commission (SEC)SEC Investigation – SEC has the power to bring civil actions or refer to Justice Department for criminal action. Levels of culpability include: negligence, recklessness, and intent to defraud (“scienter”). .  Requirement to impose cumbersome procedures and oversight to settle SEC actions.  Adverse publicity to the City – Which could result in reduced market access.  Rating Downgrades, which could potentially trigger costly mitigation on bond issues. The benefits of soundSound disclosure practices can havecreate both tangible and intangible affectsbenefits:  Enhancement of credibility in the marketplace.  Foster liquidity for the securities.  Demonstrate a solid disclosure track record that will be viewed favorably by investors, credit rating agencies, and the public. Scope of Application This policy is consistent in its application with the City’s Debt Policy. Additionally, the policies herein apply to all documents and information that are reasonably expected to reach investors/securities market, including:  Initial disclosure,  Continuing disclosure, (annual and material events), and  Other information (audits, budgets, certain press releases, web site posting, financial presentations, etc.) Initial Disclosure Page 691 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 3 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) When the City issues Obligations, the two central disclosure documents which are prepared are a preliminary official statement (“POS”) and a final official statement (“OS”, and collectively with the POS, the “Official Statement”). The Official Statement generally consists of (i) the forepart (which describes the specific transaction including maturity dates, interest rates, redemption provisions, the specific type of financing, the leased premises (in certificate of participation financings) and other matters particular to the financing; (ii) a section or appendix, which provides information on the City’s financial condition as well as certain economic demographic information concerning the City (which may be property tax assessments or may be other City revenues depending on the type of Obligations being issued); and (iii) various other appendices, including the City’s audited financial report, form of the proposed legal opinion, and form of continuing disclosure undertaking. With respect to CFDs, the Official Statement contains limited information about the City, as CFD Obligations are special obligations of the CFD and are not secured by any funds of the City, and instead contains a description of the Obligations and the special taxes securing the Obligations, a description of the CFD, the improvements and taxpayers therein, a property ownership and development section if the CFD is not fully built out, a risk factors section containing risks specific to the CFD and CFDs in general, in addition to other sections. Investors use the Official Statement as one of their primary resources for making informed investment decisions regarding the City’s Obligations. For Obligations which are repaid from the City’s General Fund, the information regarding the financial condition of the City, relevant City operations and other material economic information is typically included in Appendix A to the Official Statement. Continuing Disclosure In connection with the issuance of Obligations, the City enters into contractual agreements (“Continuing Disclosure Certificates”) to provide annual reports related to its financial condition (including its audited financial statements) as well as notice of certain events relating to the Obligations specified in the Continuing Disclosure Certificates. The City must comply with the specific requirements of each Continuing Disclosure Certificate. The City’s Continuing Disclosure Certificates require that the annual reports be filed between 210 and 270 days (depending on the issuance) after the end of the City’s fiscal year, and event notices are required to be filed within 10 days of their occurrence (full listing at end of policy). The City is required to report certain agreements which constitute debt to the California Debt and Investment Advisory Committee pursuant to the applicable State statutes and regulations (the “CDIAC Rules”). Whether a particular agreement constitutes debt under the CDIAC Rules may be taken into consideration when analyzing the appropriateness of reporting the agreement as a financial obligation. Page 692 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 4 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) However, whether an agreement constitutes “debt” for purposes of CDIAC Rules is not dispositive of whether the agreement constitutes a financial obligation. The Director of Finance/Treasurer shall be responsible for preparing and filing, or causing to be prepared and filed, the annual reports and material event notices required pursuant to the Continuing Disclosure Certificates. Particular care shall be paid to the timely filing of any changes in credit ratings on Obligations (including changes resulting from changes in the credit ratings of insurers of particular Obligations). With respect to CFD Obligations, the Continuing Disclosure Certificates generally require the filing of the City’s audited financial statements and certain information concerning the CFD itself. The City’s special tax consultant typically assists the City in preparing the annual reports for the City’s CFDs. The City has adopted policies and procedures to monitor its compliance with its undertakings under the SEC Rule 15c2-12 and has retained an outside consultant to assist in the filing process. The Finance Department has assigned specific personnel to coordinate with the outside consultant and to monitor compliance. Governing Authority and Responsibility A. Authority – The City’s disclosure program shall be managed in conformance with applicable federal, state, and other legal requirements, including Chula Vista City Codes. 1. As provided for in the Debt Management Practices Section of the City’s Debt Policy, this Disclosure Policy augments the City’s Debt Policy, as such all provisions of the Debt Policy apply only as to specifics related to disclosure compliance.. In the event of any conflicts between the Debt Policy and the Disclosure Policy, the Debt Policy shall prevail. B. Point of Contact -– The CityDirector of Finance Director/Treasurer shall be designated as the primary party responsible for the development, distribution, and determination of the materiality of information. C. Responsibility 1. As the primary Point of Contact, it shall be the responsibility of the Office of the Finance Director/TreasurerDepartment to oversee all aspects of disclosure. As such, the Office Page 693 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 5 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) of the Finance Director/TreasurerDepartment is responsible for reviewing the form and content of the City’s documents and materials prepared, issued, or distributed in connection with the City’s disclosure obligations relating to its securities; to include but not limited to: preliminary and final official statements, annual continuing disclosure reportsPOS and OS, Continuing Disclosure Certificates, material event notices and other voluntary filings to the Municipal Securities Rulemaking Board disclosure portal Electronic Municipal Market Access (EMMA), press releases, rating agency presentations, web‐site postings, investor presentations, and other communications reasonably expected to reach investors or the securities markets. 2. Along with the Finance Director of Finance/Treasurer, the City Attorney, and City Manager shall serve as integral members of the financing team, each, as appropriate, responsible for ensuring and certifying to the accuracy of the information released to the market. 3. The City is responsible for the content of its disclosure documents. The City Finance Director of Finance/Treasurer, City Attorney, and City Manager shall ensure that the use of outside professionals for their respective areas of expertise is appropriate and reliance upon such expertise is reasonable and not excessive. 4. The Office of the City Finance Director/TreasurerDepartment shall ensure that subject matter experts are involved in the development of disclosure documents. 1. The Office of the City Finance Director/Treasurer shall be responsible for arranging training for City staff, officials, City Council members, and the Mayor regarding their obligations relating to disclosure matters under federal securities laws. 5. a. Periodic training for the staff involved in the preparation of the OS (including Appendix A) is coordinated by the Director of Finance/Treasurer and City Attorney’s Offices, with the assistance of Disclosure Counsel. These training sessions are provided to assist staff members and officials involved in identifying relevant disclosure information to be included in Appendix A. The training sessions also provide an overview of federal laws relating to disclosure, situations in which disclosure rules Page 694 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 6 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) apply, the purpose of the Official Statement and Appendix A, a description of previous SEC enforcement actions and a discussion of recent developments in the area of municipal disclosure. Attendees at the training sessions are provided the opportunity to ask questions of Disclosure Counsel concerning disclosure obligations and are encouraged to contact Disclosure Counsel at any time if they have questions. a. The City Manager and City Attorney shall ensure the attendance at such training of those persons for whom the CityDirector of Finance Director/Treasurer recommends such training. 5.6.City officers and staff serving as financing team members have the responsibility to review and provide input on draft documents. Such review shall take into consideration that all material information is included, accurate, and relevant. Politically sensitive and confidential considerations are not exceptions to disclosure. 6.7.Officers and employees of the City and related entities shall promptly provide such information, assurance, and/or certifications as the CityDirector of Finance Director/Treasurer, in his or her sole discretion, may request in order to assure compliance with federal securities laws. a. a. The City Manager and City Attorney shall participate in andtake such actions as may be in compliance withnecessary so that requests of those persons for whom the City Finance Director of Finance/Treasurer deems necessary to ensure good disclosure practicesaccurate disclosures are made. 7.8.The Office of the City Finance Director/TreasurerDepartment shall ensure that drafts of the offering documents are provided to the City Manager, City Attorney, City staff, and the Mayor / City Council, as appropriate, to allow timely decisions regarding disclosure. 8.9.The Office of the City Finance Director/TreasurerDepartment shall arrange for the CityDirector of Finance Director/Treasurer, a representative from the Office of the City Attorney and a representative from the City Manager's Office and representatives from other departments as deemed appropriate to participate in a due diligence meeting or call with the underwriters of the bonds (in the case of negotiated sale) and/or with Disclosure Page 695 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 7 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) Counsel (in the case of a competitive sale) prior to the release of the offering documents for the bonds. Certifications In connection with the approval of offering documents for securities by the City Council, the CityDirector of Finance Director/Treasurer, City Manager, and City Attorney each shall certify in writing to the City Council that to the best of his or her knowledge, such documents do not make any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. In the event the City Manager or City Attorney, or City Director of Finance Director/Treasurer is unavailable, an authorized designee may make the certification required by this section. PROCEDURES Engagement of Outside Disclosure Counsel The City engages outside legal counsel with expertise in securities laws for advice with respect to the City’s disclosure obligations and requirements under the federal securities laws (“Disclosure Counsel”). Disclosure Counsel assists the City in preparing the Official Statement (including the sections or appendices which contain information on the City’s financial condition or the CFD, as applicable), and reviews all new data and updates to the Official Statement. Throughout the process of receiving and incorporating material, Disclosure Counsel provides advice as to standards of materiality and other securities law issues. Disclosure Counsel has a confidential, attorney-client relationship with officials and staff of the City. Disclosure Counsel provides a negative assurance letter as to the disclosure set forth in the Official Statement for each Obligation. The letter advises the City and the Obligations underwriters that as a matter of fact and not opinion that no information came to the attention of the attorneys working on the transaction which caused them to believe that Official Statement as of its date and as of the date of their letter (except for any financial, statistical, economic or demographic data or forecasts, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, and other customary exclusions), contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Disclosure Process Page 696 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 8 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) When the City determines to issue Obligations, the Finance Department staff requests the involved departments to commence preparation of the portions of the Official Statement (including particularly the appendix or section(s) containing information on the City’s financial condition and operations) for which they are responsible. For Obligations which are paid from the General Fund or other special enterprise fund, the general format and content of the Official Statement does not normally change substantially from offering to offering, except as necessary to reflect major events. Notwithstanding the foregoing, the City Manager, Finance Department and City Attorney staff are separately responsible for reviewing and preparing or updating certain portions of the Official Statement which are within their particular area of knowledge. Additionally, all participants in the disclosure process are separately responsible for reviewing the entire Official Statement. Members of the financing team, including the City’s bond counsel (“Bond Counsel”), Disclosure Counsel and the City’s municipal advisor (“Municipal Advisor”) assist City staff in determining the materiality of any particular item, and in the development of specific language in the Official Statement. For Obligations which are paid from the General Fund, members of the financing team also assist the City in the development of a “big picture” overview of the City’s financial condition, included in the forepart of the Official Statement. This overview highlights particular areas of concern. The Director of Finance/Treasurer schedules one or more meetings or conference calls of the financing team working group (which includes City officials, the Municipal Advisor, Disclosure Counsel, Bond Counsel, the underwriter of the Obligations, and their counsel (in the event of a negotiated sale)), and new drafts of the Official Statement are circulated and discussed. During this part of the process, there is substantial contact among City staff and members of the financing team to discuss issues which may arise, determine the materiality of particular items and ascertain the prominence in which the items should be disclosed. CFD Obligations When a CFD is ready to issue bonds, the City’s Development Services Department (in the case of new financings) and the City’s Finance Department (in the case of refundings) organize t he financing team to commence preparation of the POS. Typically, the initial draft of a CFD Official Statement is assembled with input from Bond Counsel, Disclosure Counsel, the Municipal Advisor, City’s special tax consultant, appraiser, the developer(s) Page 697 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 9 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) of the property in the CFD (the “Developer” and their counsel (if one or more Developer’s own property in the CFD) and the underwriter and their counsel (in the event of a negotiated sale). The staff in the Development Services Department, with the assistance from the Finance Department, review the draft POS once distributed by Disclosure Counsel, specifically the information included with respect to the CFD and the formation thereof by the City. Once the POS has been distributed, one or more due diligence conference calls or meetings with the entire CFD financing team are held until the POS is finalized. Typically, prior to printing the POS, each Developer will be required to sign a “10b‐5” certificate stating that the information in the POS provided by or pertaining to the Developers and their development within the CFD does not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements contained in the POS in light of the circumstances under which they were made, not misleading. Appendix A to the POS and OS The information contained in Appendix A is primarily developed by personnel in the City Manager’s Office, Finance Department and City Attorney’s Office. In certain circumstances, including when City Obligations are secured by particular revenues (such as revenues from development impact fees), additional officials will be involved, as necessary. In addition, the Municipal Advisor participates throughout the process of preparing the Official Statement and developing the structure of the financing. The following principles govern the work of the respective staff that contribute information to Appendix A:  City staff involved in the disclosure process are responsible for being familiar with federal securities laws as they relate to disclosure.  City staff involved in the disclosure process should err on the side of raising issues when preparing or reviewing information for disclosure. Officials and staff are encouraged to consult with Disclosure Counsel if there are questions regarding materiality of an issue.  Care should be taken not to shortcut or eliminate any steps outlined in the Procedures on an ad hoc basis. However, the Procedures are not intended to be a rigid list of procedural requirements, but instead to provide guidelines for disclosure review. If warranted, based on experience during financings or because of additional SEC pronouncements or other appropriate reasons, the City should consider revisions to the Procedures. Page 698 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 10 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024)  The process of updating Appendix A from transaction to transaction should not be viewed as being limited to updating tables and numerical information. While it is not anticipated that there will be major changes in the form and content of Appendix A at the time of each update, everyone involved in the process should consider the need for revisions in the form, content and tone of the sections for which they are responsible at the time of each update.  The City must ensure that the particular officials involved in the disclosure process are of sufficient seniority such that it is reasonable to believe that, collectively, they are in possession of material information relating to the City and its finances. Material Events Listing Specific events which require material event notices generally consist of the following: A. Any of the following events with respect to the Obligations (in a timely manner, not more than ten (10) business days after the event): 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701 TEB); 6. Tender offers; 7. Defeasances; 8. Rating changes; 9. Bankruptcy, insolvency, receivership or similar event of the obligated person; or 10. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. B. Any of the following events with respect to the particular Obligations, if material: 1. Unless described in paragraph (A)(5) above, adverse tax opinions or other material notices or determinations by the Internal Revenue Service with respect to the tax status of the particular Obligations or other material events affecting the tax status of the Obligations; Page 699 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 11 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) 2. Modifications to rights of holders of the particular Obligations; 3. Optional, unscheduled or contingent calls of the particular Obligations; 4. Release, substitution, or sale of property securing repayment of the particular Obligations; 5. Non-payment related defaults; 6. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; 7. Appointment of a successor or additional trustee or the change of name of a trustee; or 8. Incurrence of a financial obligation of the obligated person, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders. In the events listed above, the applicable SEC rule defines a “financial obligation” as a (i) debt obligation; (ii) derivative instrument entered into in connection with or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” does not include municipal securities as to which a final official statement has been provided to the Municipal Securities Rulemaking Board. The SEC has provided limited guidance on the specific application of the definition of “financial obligation.” The SEC release accompanying the final amendment does suggest a key concept is that a “financial obligation” involves the borrowing of money. The Finance Department will monitor agreements or other obligations entered into by the City to determine whether they constitute a material “financial obligation.” The SEC has not provided specific guidance on what constitutes a “material” financial obligation. As a general guideline, the City may consider a financial obligation to be material if it involves an annual repayment amount which is in excess of one percent (1%) of the total annual sources of such repayment. However, the foregoing is a guideline and City staff should analyze each financial obligation for materiality base d on a totality of the circumstances. Page 700 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 June 21, 201611/12/202 4 12 of 114 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) Page 701 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 1 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) BACKGROUND The City Council adopted the City’s Debt Policy No. 220-05 on January 14, 2014; it was amended on November 12, 2024. The City’s Debt Policy includes a brief summary of the City’s disclosure requirements. The main objectives of this policy are to expand on the City’s legal requirements related to debt disclosure; to define the appropriate roles and responsibilities necessary for continued compliance; and to certify compliance by all officers involved related to future offering documents. PURPOSE The purpose of this Policy is to set forth policies and principles of the City’s disclosure obligations, including notes, bonds and certificates of participation, issued by the City, associated financing authorities, assessment districts, and community facilities districts (“CFDs”) to ensure that the City and such related entities continue to comply with all applicable disclosure obligations and requirements under the federal securities laws. POLICY Legal Requirements From time to time, the City, associated financing authorities, assessment districts and CFDs issue certificates of participation, lease revenue bonds, pension obligation bonds, revenue bonds, notes or other obligations, (collectively, “Obligations”) in order to fund or refund capital investments, other long-term programs and working capital needs, as applicable. When Obligations are issued to the public and at other times when the City makes certain reports, the City must comply with the “anti-fraud rules” of federal securities laws. (“Anti-fraud rules” refers to Section 17 of the Securities Act of 1933 and Section 10(b) of the Securities and Exchange Act of 1934, and regulations adopted by the Securities and Exchange Commission (SEC) under those Acts, particularly “Rule 10b-5” under the 1934 Act). The core requirement of these rules is that potential investors in Obligations must be provided with all “material” information relating to the offered Obligations. The information provided to investors must not contain any material misstatements, and the City must not omit material information which would be necessary to provide to investors a complete and transparent description of the Obligations and the City’s financial condition (or, in the case of CFD Obligations, the development within the CFD and other factors which may affect the willingness or ability of the property owner therein to pay special taxes when due). In the context of the sale of securities, a fact is considered to be “material” if there is a substantial likelihood that a reasonable investor would consider it to be important in determining whether or not to purchase the securities being offered. Page 702 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 2 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) The consequence of incomplete, inaccurate or misleading disclosure could have significant financial impacts on the City and on individual elected officials, officers, and staff. These actions include, but are not limited to:  SEC Investigation – SEC has the power to bring civil actions or refer to Justice Department for criminal action. Levels of culpability include negligence, recklessness, and intent to defraud.  Requirement to impose cumbersome procedures and oversight to settle SEC actions.  Adverse publicity to the City – Which could result in reduced market access.  Rating Downgrades, which could potentially trigger costly mitigation on bond issues. Sound disclosure practices can create both tangible and intangible benefits:  Enhancement of credibility in the marketplace.  Foster liquidity for the securities.  Demonstrate a solid disclosure track record that will be viewed favorably by investors, credit rating agencies, and the public. Scope of Application This policy is consistent in its application with the City’s Debt Policy. Additionally, the policies herein apply to all documents and information that are reasonably expected to reach investors/securities market, including:  Initial disclosure,  Continuing disclosure, (annual and material events), and  Other information (audits, budgets, certain press releases, financial presentations, etc.) Initial Disclosure When the City issues Obligations, the two central disclosure documents which are prepared are a preliminary official statement (“POS”) and a final official statement (“OS”, and collectively with the POS, the “Official Statement”). The Official Statement generally consists of (i) the forepart (which describes the specific transaction including maturity dates, interest rates, redemption provisions, the specific type of financing, the leased premises (in certificate of participation financings) and other matters particular to the financing; (ii) a section or appendix, which provides information on the City’s financial condition as well as certain economic demographic information concerning the City (which may be property tax assessments or may be other City revenues depending on the type of Obligations being issued); and (iii) various other appendices, including the City’s audited financial report, form of the proposed legal opinion, and form of continuing disclosure undertaking. With respect to CFDs, the Official Statement contains limited Page 703 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 3 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) information about the City, as CFD Obligations are special obligations of the CFD and are not secured by any funds of the City, and instead contains a description of the Obligations and the special taxes securing the Obligations, a description of the CFD, the improvements and taxpayers therein, a property ownership and development section if the CFD is not fully built out, a risk factors sect ion containing risks specific to the CFD and CFDs in general, in addition to other sections. Investors use the Official Statement as one of their primary resources for making informed investment decisions regarding the City’s Obligations. For Obligations which are repaid from the City’s General Fund, the information regarding the financial condition of the City, relevant City operations and other material economic information is typically included in Appendix A to the Official Statement. Continuing Disclosure In connection with the issuance of Obligations, the City enters into contractual agreements (“Continuing Disclosure Certificates”) to provide annual reports related to its financial condition (including its audited financial statements) as well as notice of certain events relating to the Obligations specified in the Continuing Disclosure Certificates. The City must comply with the specific requirements of each Continuing Disclosure Certificate. The City’s Continuing Disclosure Certificates require that the annual reports be filed between 210 and 270 days (depending on the issuance) after the end of the City’s fiscal year, and event notices are required to be filed within 10 days of their occurrence (full listing at end of policy). The City is required to report certain agreements which constitute debt to the California Debt and Investment Advisory Committee pursuant to the applicable State statutes and regulations (the “CDIAC Rules”). Whether a particular agreement constitutes debt under the CDIAC Rules may be taken into consideration when analyzing the appropriateness of reporting the agreement as a financial obligation. However, whether an agreement constitutes “debt” for purposes of CDIAC Rules is not dispositive of whether the agreement constitutes a financial obligation. The Director of Finance/Treasurer shall be responsible for preparing and filing, or causing to be prepared and filed, the annual reports and material event notices required pursuant to the Continuing Disclosure Certificates. Particular care shall be paid to the timely filing of any changes in credit ratings on Obligations (including changes resulting from changes in the credit ratings of insurers of particular Obligations). With respect to CFD Obligations, the Continuing Disclosure Certificates generally require the filing of the City’s audited financial statements and certain information concerning the CFD itself. The City’s special tax consultant typically assists the City in preparing the annual reports for the City’s CFDs. Page 704 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 4 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) The City has adopted policies and procedures to monitor its compliance with its undertakings under the SEC Rule 15c2-12 and has retained an outside consultant to assist in the filing process. The Finance Department has assigned specific personnel to coordinate with the outside consultant and to monitor compliance. Governing Authority and Responsibility A. Authority – The City’s disclosure program shall be managed in conformance with applicable federal, state, and other legal requirements, including Chula Vista City Codes. 1. As provided for in the Debt Management Practices Section of the City’s Debt Policy, this Disclosure Policy augments the City’s Debt Policy. In the event of any conflicts between the Debt Policy and the Disclosure Policy, the Debt Policy shall prevail. B. Point of Contact – The Director of Finance/Treasurer shall be designated as the primar y party responsible for the development, distribution, and determination of the materiality of information. C. Responsibility 1. As the primary Point of Contact, it shall be the responsibility of the Finance Department to oversee all aspects of disclosure. As such, the Finance Department is responsible for reviewing the form and content of the City’s documents and materials prepared, issued, or distributed in connection with the City’s disclosure obligations relating to its securities; to include but not limited to: POS and OS, Continuing Disclosure Certificates, material event notices and other voluntary filings to the Municipal Securities Rulemaking Board disclosure portal Electronic Municipal Market Access (EMMA), press releases, rating agency presentations, web‐site postings, investor presentations, and other communications reasonably expected to reach investors or the securities markets. 2. Along with the Director of Finance/Treasurer, the City Attorney, and City Manager shall serve as integral members of the financing team, each, as appropriate, responsible for ensuring and certifying to the accuracy of the information released to the market. Page 705 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 5 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) 3. The City is responsible for the content of its disclosure documents. The Director of Finance/Treasurer, City Attorney, and City Manager shall ensure that the use of outside professionals for their respective areas of expertise is appropriate and reliance upon such expertise is reasonable and not excessive. 4. The Finance Department shall ensure that subject matter experts are involved in the development of disclosure documents. 5. Periodic training for the staff involved in the preparation of the OS (including Appendix A) is coordinated by the Director of Finance/Treasurer and City Attorney’s Offices, with the assistance of Disclosure Counsel. These training sessions are provided to assist staff members and officials involved in identifying relevant disclosure information to be included in Appendix A. The training sessions also provide an overview of federal laws relating to disclosure, situations in which disclosure rules apply, the purpose of the Official Statement and Appendix A, a description of previous SEC enforcement actions and a discussion of recent developments in the area of municipal disclosure. Attendees at the training sessions are provided the opportunity to ask questions of Disclosure Counsel concerning disclosure obligations and are encouraged to contact Disclosure Counsel at any time if they have questions. a. The City Manager and City Attorney shall ensure the attendance at such training of those persons for whom the Director of Finance/Treasurer recommends such training. 6. City officers and staff serving as financing team members have the responsibility to review and provide input on draft documents. Such review shall take into consideration that all material information is included, accurate, and relevant. Politically sensitive and confidential considerations are not exceptions to disclosure. 7. Officers and employees of the City and related entities shall promptly provide such information, assurance, and/or certifications as the Director of Finance/Treasurer, in his or her sole discretion, may request in order to assure compliance with federal securities laws. Page 706 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 6 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) a. The City Manager and City Attorney shall take such actions as may be necessary so that requests of those persons whom the Director of Finance/Treasurer deems necessary to ensure accurate disclosures are made. 8. The Finance Department shall ensure that drafts of the offering documents are provided to the City Manager, City Attorney, City staff, and the Mayor / City Council, as appropriate, to allow timely decisions regarding disclosure. 9. The Finance Department shall arrange for the Director of Finance/Treasurer, a representative from the Office of the City Attorney and a representative from the City Manager's Office and representatives from other departments as deemed appropriate to participate in a due diligence meeting or call with the underwriters of the bonds (in the case of negotiated sale) and/or with Disclosure Counsel (in the case of a competitive sale) prior to the release of the offering documents for the bonds. Certifications In connection with the approval of offering documents for securities by the City Council, the Director of Finance /Treasurer, City Manager, and City Attorney each shall certify in writing to the City Council that to the best of his or her knowledge, such documents do not make any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. In the event the City Manager or City Attorney, or Director of Finance /Treasurer is unavailable, an authorized designee may make the certification required by this section. PROCEDURES Engagement of Outside Disclosure Counsel The City engages outside legal counsel with expertise in securities laws for advice with respect to the City’s disclosure obligations and requirements under the federal securities laws (“Disclosure Counsel”). Disclosure Counsel assists the City in preparing the Official Statement (including the sections or appendices which contain information on the City’s financial condition or the CFD, as applicable), and reviews all new data and updates to the Official Statement. Throughout the process of receiving and incorporating material, Disclosure Counsel provides advice as to standards of materiality and other securities law issues. Disclosure Counsel has a confidential, attorney-client relationship with officials and staff of the City. Disclosure Counsel provides a negative assurance letter as to the disclosure set forth in the Official Statement for each Obligation. The letter advises the City and the Obligations underwriters that as a Page 707 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 7 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) matter of fact and not opinion that no information came to the attention of the attorneys working on the transaction which caused them to believe that Official Statement as of its date and as of the date of their letter (except for any financial, statistical, economic or demographic data or forecasts, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, and other customary exclusions), contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Disclosure Process When the City determines to issue Obligations, the Finance Department staff requests the involved departments to commence preparation of the portions of the Official Statement (including particularly the appendix or section(s) containing information on the City’s financial condition and operations) for which they are responsible. For Obligations which are paid from the General Fund or other special enterprise fund, the general format and content of the Official Statement does not normally change substantially from offering to offering, except as necessary to reflect major events. Notwithstanding the foregoing, the City Manager, Finance Department and City Attorney staff are separately responsible for reviewing and preparing or updating certain portions of the Official Statement which are within their particular area of knowledge. Additionally, all participants in the disclosure process are separately responsible for reviewing the entire Official Statement. Members of the financing team, including the City’s bond counsel (“Bond Counsel”), Disclosure Counsel and the City’s municipal advisor (“Municipal Advisor”) assist City staff in determining the materiality of any particular item, and in the development of specific language in the Official Statement. For Obligations which are paid from the General Fund, members of the financing team also assist the City in the development of a “big picture” overview of the City’s financial condition, included in the forepart of the Official Statement. This overview highlights particular areas of concern. The Director of Finance/Treasurer schedules one or more meetings or conference calls of the financing team working group (which includes City officials, the Municipal Advisor, Disclosure Counsel, Bond Counsel, the underwriter of the Obligations, and their counsel (in the event of a negotiated sale)), and new drafts of the Official Statement are circulated and discussed. During this part of the process, there is substantial contact among City staff and members of the financing team to discuss issues which may arise, determine the materiality of particular items and ascertain the prominence in which the items should be disclosed. Page 708 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 8 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) CFD Obligations When a CFD is ready to issue bonds, the City’s Development Services Department (in the case of new financings) and the City’s Finance Department (in the case of refundings) organize the financing team to commence preparation of the POS. Typically, the initial draft of a CFD Official Statement is assembled with input from Bond Counsel, Disclosure Counsel, the Municipal Advisor, City’s special tax consultant, appraiser, the developer(s) of the property in the CFD (the “Developer”) and their counsel (if one or more Developer’s own property in the CFD) and the underwriter and their counsel (in the event of a negotiated sale). The staff in the Development Services Department, with the assistance from the Finance Department, review the draft POS once distributed by Disclosure Counsel, specifically the information included with respect to the CFD and the formation thereof by the City. Once the POS has been distributed, one or more due diligence conference calls or meetings with the entire CFD financing team are held until the POS is finalized. Typically, prior to printing the POS, each Developer will be required to sign a “10b‐5” certificate stating that the information in the POS provided by or pertaining to the Developers and their development within the CFD does not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements contained in the POS in light of the circumstances under which they were made, not misleading. Appendix A to the POS and OS The information contained in Appendix A is primarily developed by personnel in the City Manager’s Office, Finance Department and City Attorney’s Office. In certain circumstances, including when City Obligations are secured by particular revenues (such as revenues from development impact fees), additional officials will be involved, as necessary. In addition, the Municipal Advisor participates throughout the process of preparing the Official Statement and developing the structure of the financing. The following principles govern the work of the respective staff that contribute information to Appendix A:  City staff involved in the disclosure process are responsible for being familiar with federal securities laws as they relate to disclosure.  City staff involved in the disclosure process should err on the side of raising issues when preparing or reviewing information for disclosure. Officials and staff are encouraged to consult with Disclosure Counsel if there are questions regarding materiality of an issue. Page 709 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 9 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024)  Care should be taken not to shortcut or eliminate any steps outlined in the Procedures on an ad hoc basis. However, the Procedures are not intended to be a rigid list of procedural requirements, but instead to provide guidelines for disclosure review. If warranted, based on experience during financings or because of additional SEC pronouncements or other appropriate reasons, the City should consider revisions to the Procedures.  The process of updating Appendix A from transaction to transaction should not be viewed as being limited to updating tables and numerical information. While it is not anticipated that there will be major changes in the form and content of Appendix A at the time of each update, everyone involved in the process should consider the need for revisions in the form, content and tone of the sections for which they are responsible at the time of each update.  The City must ensure that the particular officials involved in the disclosure process are of sufficient seniority such that it is reasonable to believe that, collectively, they are in possession of material information relating to the City and its finances. Material Events Listing Specific events which require material event notices generally consist of the following: A. Any of the following events with respect to the Obligations (in a timely manner, not more than ten (10) business days after the event): 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701 TEB); 6. Tender offers; 7. Defeasances; 8. Rating changes; 9. Bankruptcy, insolvency, receivership or similar event of the obligated person; or 10. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. B. Any of the following events with respect to the particular Obligations, if material: Page 710 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 10 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) 1. Unless described in paragraph (A)(5) above, adverse tax opinions or other material notices or determinations by the Internal Revenue Service with respect to the tax status of the particular Obligations or other material events affecting the tax status of the Obligations; 2. Modifications to rights of holders of the particular Obligations; 3. Optional, unscheduled or contingent calls of the particular Obligations; 4. Release, substitution, or sale of property securing repayment of the particular Obligations; 5. Non-payment related defaults; 6. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; 7. Appointment of a successor or additional trustee or the change of name of a trustee; or 8. Incurrence of a financial obligation of the obligated person, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders. In the events listed above, the applicable SEC rule defines a “financial obligation” as a (i) debt obligation; (ii) derivative instrument entered into in connection with or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” does not include municipal securities as to which a final official statement has been provided to the Municipal Securities Rulemaking Board. The SEC has provided limited guidance on the specific application of the definition of “financial obligation.” The SEC release accompanying the final amendment does suggest a key concept is that a “financial obligation” involves the borrowing of money. The Finance Department will monitor agreements or other obligations entered into by the City to determine whether they constitute a material “financial obligation.” The SEC has not provided specific guidance on what constitutes a “material” financial obligation. As a general guideline, the City may consider a financial obligation to be material if it involves an annual repayment amount which is in excess of one percent (1%) of the total annual sources of such repayment. However, the foregoing is a Page 711 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Disclosure Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-07 11/12/2024 11 of 11 ADOPTED BY: Resolution No. 2016-127 DATED: 6/21/2016 AMENDED BY: Resolution No. 2024-___ (11/12/2024) guideline and City staff should analyze each financial obligation for materiality based on a totality of the circumstances. Page 712 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 1 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: PURPOSE AND SCOPE To establish policy and procedures for clarifying acts that are considered to be fraudulent, describing the steps to be taken when fraud or other related dishonest activities are suspected, and providing procedures to follow in accounting for missing funds, restitution and recoveries. GENERAL A. The City of Chula Vista is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the City of Chula Vista to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. B. DEFINITIONS 1. Fraud - Fraud and other similar irregularities include, but are not limited to: a. Claim for reimbursement of expenses that are not job-related or authorized by the current Memorandum of Understanding. b. Forgery or unauthorized alteration of documents (checks, promissory notes, time sheets, independent contractor agreements, purchase orders, budgets, etc.). c. Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.). d. Improprieties in the handling or reporting of money transactions. e. Authorizing or receiving payment for goods not received or services not performed. f. Computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software. g. Misrepresentation of information on documents. Page 713 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 2 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: h. Any apparent violation of Federal, State, or Local laws related to dishonest activities or fraud. i. Seeking or accepting anything of material value from those doing business with the City including vendors, consultants, contractors, lessees, applicants, and grantees. Materiality is determined by the City's Conflict of Interest Code (C.V.M.C. Chapter 2.02), which incorporates the Fair Political Practices Commission's regulations. 2. Employee - In this context, employee refers to any individual or group of individuals who receive compensation, either full- or part-time, from the City of Chula Vista. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization including City Council Members, Planning Commissioners and members of other City boards. 3. Management - In this context, management refers to any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources. 4. Investigator - In this context, Investigator refers to any person or persons assigned by the City Manager or City Attorney to investigate any fraud or similar activity. 5. External Auditor - In this context, External Auditor refers to independent audit professionals who perform annual audits of the City's financial statements. C. It is the City's intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, length of service or relationship with the City of any party who might be or become involved in or becomes the subject of such investigation. Page 714 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 3 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: D. Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. E. The Investigator, in conjunction with the City Attorney, has the primary responsibility for the investigation of all activity as defined in this policy. F. Throughout the investigation, the Investigator will inform the City Manager of pertinent investigative findings. G. When reporting acts of suspected fraud or other irregularities, employees will be granted whistle-blower protection when acting in accordance with this policy. When informed of a suspected impropriety, neither the City nor any person acting on behalf of the City shall: 1. Dismiss or threaten to dismiss the employee, 2. Discipline, suspend, or threaten to discipline or suspend the employee, 3. Impose any penalty upon the employee, or 4. Intimidate or coerce the employee. Violations of the whistle-blower protection will result in discipline up to and including dismissal. H. Upon conclusion of the investigation, the results will be reported to the City Manager or City Attorney. I. The City Manager or City Attorney, following review of investigation results, will take appropriate action regarding employee misconduct. Disciplinary action can include termination, and referral of the case to the District Attorney's Office for possible prosecution. Page 715 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 4 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: J. The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. Additionally, if an employee is convicted of a felony in a state or federal court for the fraudulent activities conducted in the workplace, they may face forfeiture of accrued rights and benefits in any public retirement system. PROCEDURES A. Mayor, City Council and Commissioner Responsibilities 1. If the Mayor, a City Council member, or a Commissioner has reason to suspect that a fraud has occurred, he or she shall immediately contact the City Manager or City Attorney. 2. The Mayor, City Council member, or Commissioner shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager or City Attorney. 3. The alleged fraud or audit investigation shall not be discussed with the media by any person other than the City Manager or City Attorney, or at their direction. B. Management Responsibilities 1. Management is responsible for being alert to, and reporting fraudulent or related dishonest activities in their areas of responsibility. 2. Each manager should be familiar with the types of improprieties that might occur in his or her area and be alert for any indication that improper activity, misappropriation, or dishonest activity is or was in existence in his or her area. 3. When an improper activity is detected or suspected, management should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity. 4. If management determines a suspected activity may involve fraud or related dishonest activity, they should contact their immediate supervisor. 5. Department Directors should inform the City Manager or City Attorney. Page 716 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 5 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 6. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions. 7. Management should support the City's responsibilities and cooperate fully with the Investigator, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders. 8. Management must give full and unrestricted access to all necessary records and personnel. All City furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy. 9. In dealing with suspected dishonest or fraudulent activities, great care must be taken. Therefore, management should avoid the following: a. Incorrect accusations. b. Alerting suspected individuals that an investigation is underway. c. Treating employees unfairly. d. Making statements that could lead to claims of false accusations or other offenses. 10. In handling dishonest or fraudulent activities, management has the responsibility to: a. Make no contact (unless requested) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to "what you did", "the crime", "the fraud", "the misappropriation", etc. b. Avoid discussing the case, facts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney. Page 717 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 6 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: c. Avoid discussing the case with anyone inside the City other than employees who have a need to know such as the City Manager, Investigator, or City Attorney or law enforcement personnel. d. Direct all inquiries from the suspected individual, or his or her representative, to the City Manager or City Attorney. All inquiries by an attorney of the suspected individual should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager or City Attorney. e. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting with the Personnel Analyst, in conformance with the City's Personnel Policies and Procedures or the appropriate Memorandum of Understanding. C. Employee Responsibilities 1. A suspected fraudulent incident or practice observed by, or made known to, an employee must be reported to the employee's supervisor for reporting to the proper management official. 2. When the employee believes the supervisor may be involved in the inappropriate activity, the employee shall make the report directly to the next higher level of management, the City Manager, or the City Attorney. 3. The reporting employees shall refrain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Investigator, City Attorney or law enforcement personnel. D. Investigator Responsibilities 1. Upon assignment by the City Manager or City Attorney, the Investigator will promptly investigate the fraud. 2. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Investigator, in consultation with the City Attorney, will contact the Chula Vista Police Department. Page 718 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 7 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 3. The Investigator shall be available and receptive to receiving relevant, confidential information to the extent allowed by law. 4. If evidence is uncovered showing possible dishonest or fraudulent activities, the Investigator will proceed as follows: a. Discuss the findings with management and the Department Director. b. Advise management, if the case involves staff members, to meet with the City Manager (or his/her designated representative) to determine if disciplinary actions should be taken. c. Advise the City Attorney, if the case involves the City Manager, to determine what actions should be taken. d. Report to the External Auditor such activities in order to assess the effect of the illegal activity on the City's financial statements. e. Coordinate with the City's Risk Management Division regarding notification to insurers and filing of insurance claims. f. Take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to: 1) Remove the records and place them in a secure location, or limiting access to the location where the records currently exist. 2) Prevent the individual suspected of committing the fraud from having access to the records. 5. In consultation with the City Attorney and the Chula Vista Police Department, the Investigator may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. Page 719 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 06/23/2009 11/12/2024 8 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 6. If the Investigator is contacted by the media regarding an alleged fraud or audit investigation, the Investigator will consult with the City Manager and the City Attorney, as appropriate, before responding to a media request for information or interview. 7. At the conclusion of the investigation, the Investigator will document the results in a confidential memorandum report to the City Manager and/or the City Attorney, as appropriate. If the report concludes that the allegations are founded, the report will be forwarded to the Chula Vista Police Department. 8. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusion of the investigation. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Investigator no later than seven calendar days after notice is received. 9. The Investigator will be required to make recommendations to the appropriate department for assistance in the prevention of future similar occurrences. 10. Upon completion of the investigation, including all legal and personnel actions, all records, documents, and other evidentiary material, obtained from the department under investigation will be returned by the Investigator to that department. I. Forfeiture of Benefits 1. Under the California Public Employees' Pension Reform Act, members who have been convicted by a state or federal trial court of any felony under the law for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability, service retirement, or other benefits, must forfeit all accrued rights and benefits in any public retirement system they are a member of at the time the felony is committed retroactive to the first commission date of the crime. The Government Codes related to forfeiture of benefits are 7522.72 and 7522.74 https://www.calpers.ca.gov/docs/forms-publications/fact-sheet-forfeiture-of-benefits.pdf JI. AUTHORITY By authority of the City Manager and the City Attorney. Formatted: Condensed by 0.1 pt Formatted: Indent: Left: 0", Hanging: 0.52" Formatted: Indent: Left: 1.33", No bullets or numbering Formatted: Indent: Left: 1.33" Field Code Changed Page 720 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 1 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: PURPOSE AND SCOPE To establish policy and procedures for clarifying acts that are considered to be fraudulent, describing the steps to be taken when fraud or other related dishonest activities are suspected, and providing procedures to follow in accounting for missing funds, restitution and recove ries. GENERAL A. The City of Chula Vista is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the City of Chula Vista to identify and promptly investigate any possibility of fraudulent or related dishone st activities against the City and, when appropriate, to pursue legal remedies available under the law. B. DEFINITIONS 1. Fraud - Fraud and other similar irregularities include, but are not limited to: a. Claim for reimbursement of expenses that are not job-related or authorized by the current Memorandum of Understanding. b. Forgery or unauthorized alteration of documents (checks, promissory notes, time sheets, independent contractor agreements, purchase orders, budgets, etc.). c. Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.). d. Improprieties in the handling or reporting of money transactions. e. Authorizing or receiving payment for goods not received or services not performed. f. Computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software. g. Misrepresentation of information on documents. Page 721 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 2 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: h. Any apparent violation of Federal, State, or Local laws related to dishonest activities or fraud. i. Seeking or accepting anything of material value from those doing business with the City including vendors, consultants, contractors, lessees, applicants, and grantees. Materiality is determined by the City's Conflict of Interest Code (C.V.M.C. Chapter 2.02), which incorporates the Fair Political Practices Commission's regulations. 2. Employee - In this context, employee refers to any individual or group of individuals who receive compensation, either full - or part-time, from the City of Chula Vista. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization including City Council Members, Planning Commissioners and members of other City boards. 3. Management - In this context, management refers to any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources. 4. Investigator - In this context, Investigator refers to any person or persons assigned by the City Manager or City Attorney to investigate any fraud or similar activity. 5. External Auditor - In this context, External Auditor refers to independent audit professionals who perform annual audits of the City's financial statements. C. It is the City's intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, length of service or relationship with the City of any party who might be or become involved in or becomes the subject of such investigation. Page 722 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 3 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: D. Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. E. The Investigator, in conjunction with the City Attorney, has the primary responsibility for the investigation of all activity as defined in this policy. F. Throughout the investigation, the Investigator will inform the City Manager of pertinent investigative findings. G. When reporting acts of suspected fraud or other irregularities, employees will be granted whistle-blower protection when acting in accordance with this policy. When informed of a suspected impropriety, neither the City nor any person acting on behalf of the City shall: 1. Dismiss or threaten to dismiss the employee, 2. Discipline, suspend, or threaten to discipline or suspend the employee, 3. Impose any penalty upon the employee, or 4. Intimidate or coerce the employee. Violations of the whistle-blower protection will result in discipline up to and including dismissal. H. Upon conclusion of the investigation, the results will be reported to the City Manager or City Attorney. I. The City Manager or City Attorney, following review of investigation results, will take appropriate action regarding employee misconduct. Disciplinary action can include termination, and referral of the case to the District Attorney's Office for possible prosecution. Page 723 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 4 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: J. The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. Additionally, if an employee is convicted of a felony in a state or federal court for the fraudulent activities conducted in the workplace, they may fa ce forfeiture of accrued rights and benefits in any public retirement system. PROCEDURES A. Mayor, City Council and Commissioner Responsibilities 1. If the Mayor, a City Council member, or a Commissioner has reason to suspect that a fraud has occurred, he or she shall immediately contact the City Manager or City Attorney. 2. The Mayor, City Council member, or Commissioner shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager or City Attorney. 3. The alleged fraud or audit investigation shall not be discussed with the media by any person other than the City Manager or City Attorney, or at their direction. B. Management Responsibilities 1. Management is responsible for being alert to, and reporting fraudulent or related dishonest activities in their areas of responsibility. 2. Each manager should be familiar with the types of improprieties that might occur in his or her area and be alert for any indication that improper activity, misappropriation, or dishonest activity is or was in existence in his or her area. 3. When an improper activity is detected or suspected, management should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity. 4. If management determines a suspected activity may involve fraud or related dishonest activity, they should contact their immediate supervisor. 5. Department Directors should inform the City Manager or City Attorney. Page 724 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 5 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 6. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions. 7. Management should support the City's responsibilities and cooperate fully with the Investigator, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders. 8. Management must give full and unrestricted access to all necessary records and personnel. All City furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy. 9. In dealing with suspected dishonest or fraudulent activities, great care must be taken. Therefore, management should avoid the following: a. Incorrect accusations. b. Alerting suspected individuals that an investigation is underway. c. Treating employees unfairly. d. Making statements that could lead to claims of false accusations or other offenses. 10. In handling dishonest or fraudulent activities, management has the responsibility to: a. Make no contact (unless requested) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to "what you did", "the crime", "the fraud", "the misappropriation", etc. b. Avoid discussing the case, facts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney. Page 725 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 6 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: c. Avoid discussing the case with anyone inside the City other than employees who have a need to know such as the City Manager, Investigator, or City Attorney or law enforcement personnel. d. Direct all inquiries from the suspected individual, or his or her representative, to the City Manager or City Attorney. All inquiries by an attorney of the suspected individual should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager or City Attorney. e. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting with the Personnel Analyst, in conformance with the City's Personnel Policies and Procedures or the appropriate Memorandum of Understanding. C. Employee Responsibilities 1. A suspected fraudulent incident or practice observed by, or made known to, an employee must be reported to the employee's supervisor for reporting to the proper management official. 2. When the employee believes the supervisor may be involved in the inappropriate activity, the employee shall make the report directly to the next higher level of management, the City Manager, or the City Attorney. 3. The reporting employees shall refrain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Investigator, City Attorney or law enforcement personnel. D. Investigator Responsibilities 1. Upon assignment by the City Manager or City Attorney, the Investigator will promptly investigate the fraud. 2. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Investigator, in consultation with the City Attorney, will contact the Chula Vista Police Department. Page 726 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 7 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 3. The Investigator shall be available and receptive to receiving relevant, confidential information to the extent allowed by law. 4. If evidence is uncovered showing possible dishonest or fraudulent activities, the Investigator will proceed as follows: a. Discuss the findings with management and the Department Director. b. Advise management, if the case involves staff members, to meet with the City Manager (or his/her designated representative) to determine if disciplinary actions should be taken. c. Advise the City Attorney, if the case involves the City Manager, to determine what actions should be taken. d. Report to the External Auditor such activities in order to assess the effect of the illegal activity on the City's financial statements. e. Coordinate with the City's Risk Management Division regarding notification to insurers and filing of insurance claims. f. Take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to: 1) Remove the records and place them in a secure location, or limiting access to the location where the records currently exist. 2) Prevent the individual suspected of committing the fraud from having access to the records. 5. In consultation with the City Attorney and the Chula Vista Police Department, the Investigator may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. Page 727 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY NUMBER EFFECTIVE DATE PAGE 662-13 11/12/2024 8 of 8 ADOPTED BY: Resolution No. 2009-151 DATED: June 23, 2009 AMENDED BY: 6. If the Investigator is contacted by the media regarding an alleged fraud or audit investigation, the Investigator will consult with the City Manager and the City Attorney, as appropriate, before responding to a media request for information or interview. 7. At the conclusion of the investigation, the Investigator will document the results in a confidential memorandum report to the City Manager and/or the City Attorney, as appropriate. If the report concludes that the allegations are founded, the report will be forwarded to the Chula Vista Police Department. 8. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusion of the investigation. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Investigator no later than seven calendar days after notice is received. 9. The Investigator will be required to make recommendations to the appropriate department for assistance in the prevention of future similar occurrences. 10. Upon completion of the investigation, including all legal and personnel actions, all records, documents, and other evidentiary material, obtained from the department under investigation will be returned by the Investigator to that department. I. Forfeiture of Benefits 1. Under the California Public Employees' Pension Reform Act, members who have been convicted by a state or federal trial court of any felony under the law for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability, service retirement, or other benefits, must forfeit all accrued rights and benefits in any public retirement system they are a member of at the time the felony is committed retroactive to the first commission date of the crime. The Government Codes related to forfeiture of benefits are 7522.72 and 7522.74 https://www.calpers.ca.gov/docs/forms-publications/fact-sheet-forfeiture-of-benefits.pdf J. AUTHORITY By authority of the City Manager and the City Attorney. Page 728 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda i COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: EMPLOYMENT OF THE DISABLED ADOPTED BY: Resolution No. 8406 POLICY EFFECT E NUMBER DATE PAGE 662-03 11-09-76 10172 DATED: 11-09-76 The City of Chula Vista continues to firmly support a policy of Equal Employment Opportunity, and has enacted an Affirmative Action Policy and Program to address the particular needs of minority and disadvantaged persons with regard to employment. PURPOSE The City Council of the City of Chula Vista, in order to provide additional direction and authority in the administration of the City's Personnel System and its Medical Examination Program, and to insure fair and proper employment consideration of persons with various medical disabilities, adopts the following Policy Statement as a guide to its own efforts, and those of the City Manager, all department heads and other management and supervisory personnel: The City of Chula vista shall: a. Take positive steps to insure that proper consideration is given to handicapped applicants and employees in regard to any position to which they are qualified and take affirmative action to employ, promote, and otherwise treat qualified handicapped individuals without discrimination. b. Act to insure that all employment decisions that consider medical information on applicants and employees shall be in relation to only those job-related qualifications which permit the matching of the physical or medical capacities of an applicant to the specific conditions of a particular job opening. c. Promote an affirmative effort toward the recruitment and appointment of handicapped persons in order to further encourage the employment of more qualified handicapped people, and to stimulate such persons to enter the labor market and qualify for jobs. d. Continue to make reasonable accommodations in the employment of disabled persons and in the construction and remodeling of City facilities, and enforce state and local codes which require provisions of accessibility to handicapped persons. e. Continue to explore potential grants and funding sources which will provide long term career opportunities and work experience for disabled workers in order to augment the existing City budget. The Council supports, where practical and feasible, the continued training assistance the City has provided the State Department of Rehabilitation for short term work experience efforts. f. Act to insure that the City's medical standards and employment policies are clearly job-related, consistent with business necessity and adequately protect the health and safety of all employees and the public. Commit the responsibility for program review and compliance to the Director of Personnel, and that such considerations shall include information and input from the State Page 729 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: EMPLOYMENT OF THE DISABLED POLICY NUMBER 662-03 EFFECTIVE DATE PAGE 11-09-76 20172 II ADOPTED BY: Resolution No. 8406 1 DATED: 11-09-76 11 employment services, vocational rehabilitation agencies, organizations of and for handicapped people, and sources involved with the general safety responsibilities of the City. g. Require any employee organization that seeks recognition for purposes of meeting and conferring in good faith as a representative of City employees to support and comply with the intent and direction of the City Council as expressed herein. 1 60 Page 730 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: General and Sexual Harassment Policy POLICY - EFFECTIVE NUMBER DATE PAGE 662-05 02-09-93 1 of ADOPTED BY: Resolution No. 16983 1 DATED: 02 -09 - AMENDED BY: Resolution No. (date of resolution) City of Chula Vista GENERAL AND SEXUAL HARASSMENT POLICY POLICY DISCI iSSION The City of Chula Vista is committed to maintaining a workplace environment free from all forms of discrimination and harassment including sexual harassment. The purpose of this written policy statement is to familiarize employees and supervisors with the legal and moral parameters of harassment. Harassment is not only illegal, it creates a negative work environment that reduces productivity and morale, undermines the integrity of the workplace and destroys professionalism. It is the legal right of every employee to be able to work in a place that is free from discrimination and harassment. It is the duty of all employees to abide by this policy and the duty of all supervisors and managers to implement this policy to avoid unnecessary legal and personal conflicts. BACKGROUN-D The legal framework on which the Courts have based their decisions regarding harassment are founded upon Federal and State Laws entitling citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 1964, Section 703, the Americans with Disabilities Act of 1990, California Government Code' Sections 12940 & 12921, Labor Code Section 1102.1, and other pertinent references clearly state that harassment including sexual harassment, which is a form of discrimination, is in violation of an individual's civil rights; therefore, illegal. The impact of enforcement of these laws has mandated employers to develop, implement, and enforce a progressive policy statement prohibiting harassment in order to receive funding and/or avoid costly litigation proceedings. RF.FF,RFNCFC Title VII of the Civil Rights Act of 1964, Section 703 EEOC Final Guidelines California Administrative.Code, Title 2, Section 7282.6 California Government Code Sections 12940, 12921, and 11135 Americans with Disabilities Act, 1990 (effective January. 26, 1992) Labor Code Section 1102.1 POLICY STATEMENT Page 731 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda S. COUNCIL POLICY i CITY OF CHULA VISTA SUBJECT: General and Sexual Harassment Policy PPOLICY EFFECTIVE NUMBER DATE PAGE 662-05 02-09-93 2 of 5 ADOPTED BY: Resolution No. 16983 DATED: 02-09-93 AMENDED BY: Resolution No. (date of resolution) It is the policy of the City of Chula Vista that no officer or employee shall engage in discrimination, including harassment, based on an employees age (over 40), race, national origin, religious creed, color, creed, medical condition, disability, sex, and/or sexual orientation. The employees of this city have the legal right to work in a discrimination -free environment. GENERAL HARASSMENT Harassment is defined as unsolicited and unwelcome behavior based on a protected class such as race, religious creed, color, sex, national origin, creed, medical condition, disability, age (over 40), or sexual orientation which can be, but not limited to, written, verbal, visual or physical behaviors. These behaviors can be directed at a specific employee or their family member(s). These behaviors can also be directed at one individual but offend another. Or these behaviors may not be directed at any individual in the workplace but their presence is offensive to one or more co-workers. Such behaviors include: 1. Verbal harassment, e.g., epithets, derogatory comments, slurs, jokes or degrading words used to describe an individual or a protected class; 2.Physical harassment, e.g., assault, unwanted touching, impeding or blocking movement, or any physical interference with normal work or movement; 3. Visual forms of harassment, e.g., derogatory posters, cartoons or drawings; 4. Excluding or ostracizing an employee based on race, religion, color, sex, creed, disability, age and/or sexual orientation. SE.XTTAT. HARASSMENT Sexual harassment is a violation of Section 703 of Title VII of the Federal Civil Rights Act of 1964 and the State of California Government Code Section 12940. Unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature constitute sexual harassment when: 1.Submission to such conduct is made explicitly or implicitly as a term or condition of an individual's employment; 2.Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or Page 732 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda E COUNCIL POLICY CITY OF CHULA-VISTA SUBJECT: General and Sexual Harassment Policy- POLICY EFFECTIVE NUMBER DATE PAGE 662-05 02-09-93 3 of 5 ADOPTED BY: Resolution No. 16983 DATED: 02-09-93 AMENDED BY: Resolution No. (date of resolution) 3.Such conduct affects or has the potential to affect an individual's work performance or creates an intimidating, hostile, or offensive working environment. For the purpose of further clarification, sexual harassment includes but is not limited to: I. Sexually suggestive or obscene letters, notes, or invitations; 2. Sexually derogatory comments, such as sexual jokes, remarks, questions, teasing, leering, or gestures; 3. Touching, patting, pinching, impeding or blocking movement; 4. Sexually suggestive objects, such as pictures, cartoons, posters; 5. Continuance of expressing sexual interest after being informed that the interest is unwelcome; 6. Requesting sexual favors as a condidition of employment; 7.Engaging in implicit or explicit coercive sexual behavior which is used to control, influence or affect the career, salary and/or work environment of another employee; 8. Engaging in harasment of an employee due to their sexual orientation. COMPLAINT PRtlt`FSS If an employee believes that they have been subject to any form of harassment including sexual harassment or are being discriminated against based on the State and/or Federal laws previously cited, they have the right to file a formal or informal complaint. Before a complaint is filed, it is recommended .that the violated employee acknowledge to the harasser that their behavior is offensive, unwanted or derogatory. If harassment continues to persist, a complaint with the City should then be filed. An employee also has the right to file a complaint of discrimination with the California Department of Fair Employment and Housing whether or not they have filed a complaint with the City. Complaints must be made within (1) one year of the harassment. To file a complaint, either call 800) 884-1684 or file a complaint in person at 350 West Ash Street, Room 950, San Diego. The complainant, as well as other employees who support the complainant, are protected against any rPtaliatnry artinn ctrmmino frnm the Pmmnlaint ThncP PmnlnvPPc invnlvPrl in anv rPtaliatnr evPntc Page 733 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: General and Sexual Harassment Policy POLICY EFFECTIVE NUMBER DATE PAGE 662-05 02709-93 4 of 5 ADOPTED BY: Resolution No. 16983 1 DATED: 02-09-93 AMENDED BY: Resolution No. (date of resolution) will be subject to disciplinary action. The City of Chula Vista will enforce disciplinary action against any person that violates this policy. This discipline can include termination. COMPLAINT PRnf FDURF. Informal PrnraAurr The allegation of general or sexual harassment should be discussed with any of the following at the complainants choice: the complainant's supervisor, Department Head, the Assistant Director of Human Resources, the Director of Human Resources, a Deputy City Manager or Assistant City Manager. The complainant's supervisor and/or Department Head shall be informed and meet with the complainant in an attempt to resolve the complaint at the departmental level. This should be done within a reasonable period of time from when the incidence or action affecting the employee occurred. If the complainant is not satisfied with the results of the informal procedure, they may initiate the formal procedure. Formal Prorednre Step -1 The complainant shall file a written or verbal complaint with the Director of Human Resources. The Director of Human Resources, upon receipt of the complaint, will inform the appropriate Department Head and supervisor of the allegation. The Director of Human Resources, within ('10) ten working days, will assemble a fact finding committee to review the complaint. The fact finding committee will include a Human Resources Department representative and an appointee of the City Manager. The investigation process shall be conducted in a timely manner. The complaint will be reviewed to: 1. Determine applicable legal basis of the complaint. 2. Determine if sufficient grounds exist to substantiate the validity of the complaint, which includes interviewing the complainant, alleged harasser, witnesses and any other individual who may have relevant information substantiating or refuting the allegation. StT Upon the completion of the investigation, all parties involved will be informed of the findings within (im tan wnrlrina riavc Thr fart -finding rnmmittrr will rannrt tha racnitc of thrir Page 734 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1 COUNCIL POLICY CITY OF CHULA VISTA - SUBJECT: _ General and Sexual Harassment Policy POLICY EFFECTIVE NUMBER DATE PAGE 662-05 02-09-93 5 of ADOPTED BY: Resolution No. 16983 DATED: 02-09-93 AMENDED BY: Resolution No. (date of resolution) investigation to the Director of Human Resources, the Department Director, the complainant and the alleged harasser. If the investigation does not.yield sufficient -evidence to substantiate the allegation, all parties involved will be notified of the findings and the case will be terminated at this step. step -3 If it is determined that general or sexual harassment has occurred, the Department Director will initiate appropriate disciplinary action which may be up to and including termination. The severity of the discipline will be determined by the severity and/or frequency of the offense. Step -4 If an employee who is disciplined under this procedure has appeal rights, said appeal rights may be exercised. Page 735 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda U COUNCIL POLICY IICITYOFCHULAVISTA SUBJECT: SUBSTANCE ABUSE POLICY ADOPTED BY: Resolution 13971 I. POLICY EFFECTIVE NUMBER DATE PAGE 662-07 2/21/89 1 of 8 DATED: February 21, 1989 SECTION I ADMINISTRATION The City and its various employee associations and unions recognize that the behavior resulting from the use of alcohol and/or other drugs detrimentally affects work performance, safety, security, public confidence in the City's workforce; and presents a risk to City employees and the health and welfare of the citizens of Chula Vista. In recognition of the City's responsibility to maintain a safe, healthful and productive work environment, and each employee's responsibility to perform work for the public safely, effectively, and efficiently, the City will act to eliminate any substance abuse which increases the risk for accidents, absenteeism, sub -standard performance, poor employee morale, or damage to the City s reputation. Substance abuse includes the use or possession of illegal drugs, alcohol or controlled substances which could impair an employee's ability to perform his or her job safety, effectively, and efficiently. The City of Chula Vista believes that its employees are its most important asset and that substance abuse when successfully treated, will enable the affective employee to return to a satisfactory job performance level. II. PURPOSE This policy sets forth the City position regarding substance abuse and provides guidance to employees, supervisors, and managers in addressing substance abuse issues. III. POLICY It is the policy of the City of Chula Vista that employees shall not be at work under the influence of alcohol or drugs, shall not use or possess alcohol or drugs while on duty or while on paid stand-by time and shall not sell or provide drugs to any person while on duty or while on paid stand-by time. Use of medically prescribed drugs is not violation of this policy. Employees must notify their supervisor before beginning work, however, when taking drugs which may interfere with the safe and effective performance of their duties. Any question about an employee's ability to perform duties while using prescribed medication will be addressed by a qualified physician. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be requested to remain on the premises for a reasonable time until an authorized City representative or law enforcement representative can arrange transportation of the employee from the work site for an alcohol and/or drug analysis or home. Refusal to remain on the premises and/or submit immediately to an alcohol and/or drug analysis when requested by City management or law enforcement personnel shall constitute insubordination and be grounds for discipline up to and including termination. 11 This policy applies to all employees of the City. Page 736 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY ADOPTED BY: Resolution 13971 POLICY EFFECTIVE NUMBER DATE PAGE 662-07 221/89 2 of 8 DATED: February 21, 1989 The City reserves the right to search, without employee consent, all areas and property in which the City maintains full or joint control with the employee for the purpose of detecting alcohol or illegal drugs. Areas in which the City maintains full control include but are not limited to all City owned properties and buildings and City owned equipment. Areas jointly controlled by the City and the employee include but are not limited to desks, lockers, file cabinets, office cabinets and bookshelves. The City may notify the appropriate law enforcement agency if it is believed that an employee may have illegal drugs in his or her possession. The City is committed to providing reasonable accommodation to those employees whose drug or alcohol usage classifies them as handicapped under federal law. An employee may not be considered handicapped if that employee's current use of alcohol or drugs prevents the individual from performing the duties of the job in question, or whose employment would cause a direct threat to property or safety. IV. EMPLOYEE ASSISTANCE PROGRAM The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City of Chula Vista wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance through the EAP. In addition, employees who are concerned about alcohol and/or drug use among their co-workers should strongly encourage those individuals to seek assistance through the EAP. All self -referral contacts are held in confidence by the EAP unless the employee requests, through specific written release of information, that the department, supervisor, union, or other parties be notified. The employee's compliance with recommendations of the EAP is voluntary. The employee's job security and/or promotional opportunities will not be jeopardized by utilization of the EAP or any other treatment services. Use of the program does not replace normal disciplinary procedures for unsatisfactory job performance. Confidentiality is an essential element of both the EAP and substance abuse treatment. Any employee violating this confidentiality will be subject to disciplinary action. The employee can schedule an appointment on his/her own time (days off, before or after the work shift, during lunch break) without letting anyone in the deparmtent know of this. Sick leave time may be used for self -referral appointments during regular work hours. When an employee is referred to the EAP on an official basis by their department, the session is held on City time. If an employee requires leave time for substance abuse treatment, he/she can follow established personnel policy concerning sick leave usage. If the employee requests that the purpose of the sick leave not be disclosed to his/her immediate supervisor, the doctor's medical slip can be processed directly through the EAP The EAP counselor can contact the department head or his/her designee for authorization of leave time. The department head or designee shall maintain confidentiality regarding the reason for the leave when advising the supervisor of the employee's time away. Page 737 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 0 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY ADOPTED BY: Resolution 13971 POLICY EFFECTIVE NUMBER DATE PAGE 662-07 2/21/89 3 of 8 DATED: February 21, 1989 Employees and/or their dependents are responsible for all deductibles and copayment costs associated with out-patient counseling services under their individual health insurance. V. IN-PATIENT SUBSTANCE ABUSE TREATMENT The City agrees to provide in-patient treatment for substance abuse for employees and their dependents through Scripps Memorial -McDonald Center for as long as the City has a service agreement with Scripps Memorial Hospital. This benefit will be provided at no charge, with the exception of physician fees, to employees and/or their dependents. Covered employees includes all full-time and permanent part-time workers who work 20 hours or more per week. Covered dependents are spouses or dependent children under age 24 for whom the employee provides more than 50% support Dependent children are limited to one hospitalization in any 12 -month period. Referrals for in-patient substance abuse treatment must be made by a physician. The McDonald Center reserves the right to decline an admission if they deem it inappropriate. All admissions are subject to service and space availability. The City shall give 60 days notice to all recognized Bargaining Units prior to the termination of the Scripps Hospital service agreement VI. OUT-PATIENT SUBSTANCE ABUSE TREATMENT The City agrees to provide out-patient treatment for substance abuse for employees and their dependents through Scripps Memorial -McDonald Center for as long as the City has a service agreement with Scripps Memorial Hospital. This benefit will be provided at no charge, with the exception of physician fees, to employees and/or their dependents. Covered employees includes all full -tune and permanent part-time workers who work 20 hours or more per week. Covered dependents are spouses or dependent children under age 24 for whom the employee provides more than 50 percent support The City shall give 60 days notice to all recognized Bargaining Units prior to the termination of the Scripps Hospital service agreement. An employee must: A. Demonstrate satisfactory job performance; B. Not report to work or be subject to duty on paid stand-by time while his/her ability to perform job duties is impaired due to alcohol or drug use; C. Not possess, use or be under the influence of alcohol during compensated working hours or while subject to duty on paid stand-by time, unless authorized by the City Manager; D. Not possess, use or be under the influence of illegal drugs or legal drugs without a prescription during working hours or while subject to duty on paid stand-by time; E. Not directly or through a third party sell or provide illegal drugs to any person or to any other employee while either employee or both employees are on duty or while on paid stand- by time; Page 738 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE NUMBER DATE PAGE 662-07 221/891 4 of 8 ADOPTED BY: Resolution 13971 DATED: February 21, 1989 F. Submit immediately to an alcohol and drug analysis when requested by a responsible City supervisor or management representative who is familiar with the employee's normal behavior. If there isn't someone available who is familiar with the employee's normal behavior, then at least one other supervisor or manager will a consulted before alcohol and/or drug analysis is requested; G. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of City equipment. VIII. ADMINISTRATIVE PROCEDURES This section establishes administrative procedures for employees to follow when there is reason to file a complaint regarding a supervisor or manager who is abusing substances such as drugs and/or alcohol. A. Sections 53296 through S399 of Article 4.5. Disclosure of Information-: Local Government of the California Government Code may apply to this section of the Substance Abuse Policy. A copy of Article 4.5 is attached to this policy. Depending upon the severity of the conduct complained of, such a complaint may constitute a "disclosure of information" within the meaning of Government Code Section 53296(c). If so, the following procedure constitutes the locally adopted administrative procedure authorized by Government Code Section 53297(c). A copy of Article 4.5 of Chapter 2, Part 1, Division 2, of the Government Code commencing with Section 53296) is attached. If the complaint filed is intended to also constitute a complaint under Article 4.5, it shall be under penalty of perjury and filed in writing within 60 days of the date of the act or event complained of. B. Any employee may file a written or verbal complaint with the Director of Personnel or their department head regarding any supervisor or manager whose performance is being affected by substance abuse. C. Written or verbal complaints shall contain detailed evidence regarding the allegation of substance abuse. D. Employees filing such a complaint may elect to remain anonymous. E. All verbal or written complaints will be immediately forwarded to the appropriate supervising authority who may then request that the supervisor or manager submit to a drug and/or alcohol analysis in accordance with Section Two, Management and Supervisory Guidelines of this policy. F. No manager or supervisor shall take reprisal action through any act of intimidation, restraint, coercion, or discrimination against any employee who files a complaint. G. Complaints which are determined to be malicious or vexatious will not be tolerated and will subject the complaining individual to disciplinary action. DL SEPARABH= CLAUSE If any section of this Policy shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any section shall be restrained by such tribunal, the remainder of this Policy shall also be held invalid. io Page 739 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 0 0 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE NUMBER DATE PAGE 662-07 2/21/89 5 of 8 ADOPTED BY: Resolution 13971 1 DATED: February 21, 1989 If the City does not install a comparable in-patient substance abuse treatment program as described in Section One, 5 of this Policy, the Policy will be suspended until the parties reach agreement. If there is a dispute as to what is "comparable," the Policy will be suspended until that issue can be resolved. Page 740 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE NUMBER DATE PAGE 662-07 1 2/21/89 6 of 8 ADOPTED BY: Resolution 13971 1 DATED: February 21, 1989 SECTION 2 MANAGEMENT AND SUPERVISORY GUIDELINES I. PURPOSE These guidelines outline the responsibilities of City management and supervisors for the management of substance abuse deterrence. II. SUPERVISORY AND MANAGEMENT RESPONSIBILITIES AND GUIDELINES A. Managers and supervisors are responsible for consistent enforcement of this policy. B. It shall be the responsibility of supervisors at every level to encourage employees to use the Employee Assistance Program when deteriorating or unsatisfactory job performance does not respond to usual supervisory actions, or when a specific on-the-job incident is cause for concern. A supervisor should not attempt to diagnose an employee's problems. The supervisor's role is to monitor job performance. C. Managers or supervisors may request that an employee submit to a drug and/or alcohol analysis when reasonable suspicion exists that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and specific facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol to the extent that the employee's ability to perform the functions of the job appears to be impaired. For example, any combination of the following may constitute reasonable suspicion of substance abuse or other health related problem that requires attention: 1. Slurred or thick speech; 2. Alcohol on breath; 3. Inability to perform work properly; 4. Physical altercation where blows are exchanged; 5. Problems walking or other physical activity impairment; 6. Unusual, anti -social behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority-, 7 Possession of alcohol or drugs; 8. Eyes that stare blankly or appear glassy; 9. Wide and severe mood swings; 10. An accident involving City property. D. Any manager or supervisor requesting an employee to submit to a drug and/or alcohol analysis shall, within 24 hours, document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drues. Page 741 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 1. If the confirmatory drug screen is positive, the employee must provide a valid current prescription for the drug identified in the drug screen within 24 hours. The prescription must be in the employee's name. If the employee does not have a valid prescription, or if the prescription is not in the employees name, or if the employee has not previously notified his or her supervisor, the employee will be subject to disciplinary action. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE NUMBER DATE PAGE 662-07 221/89 7 of 8 ADOPTED BY: Resolution 13971 1 DATED: February 21, 1989 E. Managers and supervisors must deal with suspected offenders as discreetly, inconspicuously, and confidentially as possible. F Any manager or supervisor encountering an employee who refuses to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and consequences of refusal. Any employee refusing to submit to a drug and/or alcohol test shall not be forced to submit to such testing but will be subject to discipline for insubordination for refusal to do so. The manager or supervisor should require the employee to remain on the premises for a reasonable time until an authorized City representative or law enforcement representative can arrange for transport of the employee for testing or home in the event of refusal. G. Managers and supervisors shall not physically search employees but should request that they remain on the premises until lawful authority for searching is obtained. H. Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City. I. Managers and supervisors may search areas jointly or fully controlled by the City, however, in the event such area is occupied by a Peace Officer defined under Penal Code Sections 830.1, 830.2, 830.3, 830.31, 830.4, and 830.5 all searches shall be consistent with Government Code Section 3309 (Police Officer Bill of Rights). J. Managers and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a valid prescription for same. K. Any time spent remaining on the premises at the request of a supervisor or manager or time spent for druglalcohol testing will be considered City time and paid for by the City L. Demands for drug or alcohol analysis by supervisors or managers, which are determined to be malicious or vexatious, will not be tolerated and will subject the directing individual to disciplinary action. vi. PHYSICAL EXAMINATION AND PROCEDURE A. The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to prescription medications, heroin, cocaine and its derivatives, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. B. A confirmatory analysis after an initial positive result will be conducted. The laboratory conducting the analyses will not release any information to the City until a confirmatory analysis is completed. A positive result from a confirmatory drug and/or alcohol analysis may result in a mandatory referral to the EAP and/or disciplinary action, up to and including discharge. 1. If the confirmatory drug screen is positive, the employee must provide a valid current prescription for the drug identified in the drug screen within 24 hours. The prescription must be in the employee's name. If the employee does not have a valid prescription, or if the prescription is not in the employees name, or if the employee has not previously notified his or her supervisor, the employee will be subject to disciplinary action. Page 742 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE NUMBER DATE PAGE 662-07 2/21/89 8 of 8 ADOPTED BY. Resolution 13971 DATED: February 21, 1989 2. If the confirmatory alcohol or drug screen is positive for alcohol or drugs, the City shall conduct an investigation to gather all salient facts. The decision to discipline or discharge will be carried out in conformance with the City's Civil Service Rules. VIII. CONFIDENTIALITY Laboratory reports or test results shall not be recorded in an employee's personnel file but rather in a separate confidential medical folder contained within the employee's personnel file. All personnel files shall contain a confidential medical file. The reports or test results may be disclosed to City management on a strictly need -to -know basis and to the tested employee upon request. Disclosures, without employee consent, may also occur when: (1) the information is required by law or by judicial or administrative process, excluding promotability boards; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure. attach: Government Code §53296 through 53299 Substance Abuse Fact Sheet Page 743 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Article 4.5 DISCLOSURE OF INFORMATION: LOCAL GOVERNMENT Section Section 53295. Definitions. 53`29& Reprisals. 53297, Filing complaint; exhaustion of adminis- 532985. Violations; punishment trative remedies; procedure; penalty 53299. Report to Governor and Legislature of perjury. Article 4.5 was added 5y Stata1986, c J6J, § 7. 53296. Definitions Definitions used in this article: a) "Local agencyr means any county, city, city and county, including any charter county, city, or city and county, and any district, school district, community college district, municipal or public corporation, political subdivision, or public agency of the state, or any instrumentality of any one or more of these agencies. b) "Disciplinary action" means any direct form of discipline as defined in personnel rules and regulations adopted by the local agency. "Disci 'nary action" shall include the fain¢ of an employee. c) "Disclosure of information" means the written provision of evidence regarding groes mism__ag ment or a significant waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. d) "Comphtint" means any written document containing a disclosure of information as specified in subdivision (c). e) "Employee" means any person employed by a local agency. f) "Manager" meaus any employee having significant responsibilities for formulating or administering local agency or departmental policies and programs or administering the local agency or a department g) "Supervisory employee" or "supervisor" means any employee regardless of job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, asaign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment h) "Officer" means any appointed member of a loaf board, commission. or other governing body who supervises or is responsible for the work of one or more local agency employers i) "Administrative procedure" means any written administrative procedure adopted by the local agency for presentation of a grievance for uldmaa decision by the governing body of the local agency. The term does not include grievance procedures embodied in collective bargaining agreements. j) "Reprisal action" means any act of intimidation, restraint, coercion. " " " discrimination, or linary action against any employee, or applicant for employment, who files a complaint pursuant to on 53297. Added by Stats1986, c. 353, § 7. Amended by Stats.1993, c 503 (SB.194), § 1.) Law Review Commentaries Review of selected 1993 California )egislatim 25 Pae I.J. 812 (1994). Library References Words and Phrases (Perm. Ed) 53297. Filing complaint; exhaustion of administrative remedies; procedure; penalty of perjury a) An employee, or applicant for employment, shall have the right to file a complaint with the local agency within 60 days of the date of the art or event which is the subject of the complaint b) prior to filing a written complaint pursuant to this article, the employee stall fust make a goodfaithefforttoexhaustallavailableadministrativeremedies. The 60 -day time limit specified in subdivision (a) shall be extended by the amount of time actually utilized by the employee in pursuing available administrative remedies. c) A complaint pursuant to this article shall be filed in accordance with the locally adopted administrative procedure. If there is no administrative proccdmee the complaint shall be fled with the governing body. d) All complaints brought by employees ands this article shall be fled under penalty of perjury Added by Stats.1986, c 553, § 7.) 50 Page 744 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 5.'.298. Reprisals a) No local agency officer, manager, or supervisor shall take a reprisal action • . • against anyemployeeorapplicantforemploymentwhoUesacomplaintpursuanttoSection53297. b) This article is not intended to prevent a local agency from taking, directing others to take, recommending, or approving any personnel action with respect to any employee or applicant for employment if the local agency reasonably believes that the action or inaction is justified on the basis of separate evidence which shows any of the following. 1) The employee's complaint has disclosed information that he or she knows to be false or hasdisclosedinformationwithoutregardforthetruthorfalsitythereoL 2) The employee's complaint has disclosed information from records which are closed to publicinspectionpursuanttolaw. 3) The employee's complaint has disclosed information which is confidential under any other provisionOflaw. 4) The employee was the subject of an ongoing or existing disciplinary action prior to the disclosure ofinformationwiththelocalagency. 5) The employee has violated any other provision of the local personnel rules and regulations, hasfailedtoperformassignedduties, or has committed any other act unrelated to the disclosure that wouldotherwisebesubjecttopersonnelaction. c) It is not a violation of this article for an officer, manager, or supervisor to take disciplinary action against an employee if that officer, manager, or supervisor had no prior knowledge that a complaint hadbeenMedbythatemployee. Added by Stats1986, a 85$ § 7. Amended by Stats1993, a 503 (S.R.194), 12.) Law Review Commentaries Reviem of selected 1993 California legislation. 25 Pae L.T. 812 (1994). 532985. { iolations, punishment a) Any officer, manager, or supervisor who violates Section 58298 with malicious intent is punishablebyatinenottoexceedtenthousanddollars ($10,000) and imprisonment in the county jail for un to a period of one year. In addition, any local agency officer. manager, or supervisor who maliciously engages in conduct prohibited by Section 53298 shall be disciplined as provided by local personnel rules and regulations. b) In addition to all other penalties provided by law, any local officer, manager, or supervisor who bas been found by a court to have violated the provisions of Section 58298 with malicious intent shall be individually liable for damages in an action brought against him or her by the injured employee Primitive damages may be awarded by the court where the offending party has acted with malice. Where liability has been established, the injured employee shall also be entitled to reasonable attorney's fees as provided by law. In no way, shalt the provisions of this article establish any liability for punitive damages or any new cruse of action against the local public entity other than liabilities contained in existing law. Added by Stats1986, a 353, § 7.) i 53299. Report to Governor and Legislature In order for the Governor and the Legislature to determine the need to continue or modify local agency personnel procedures as they relate to disclosure of information by public employees, the League of California Cities in consultation with the County Supervisors Association of California, may submit on June 30, 1987, and annually thereafter, a report to the Governor and the Legislature regardingcomplaintsfiled, hearings held and legal setons taken pursuant to this section. Added by Stats1986, a 353, § 7. Amended by Stvts.1989, a 129, § 1J' Cruse References Repots to legislators or govemw, moeamdam and eaceodons. see Government Code i 7550.& 2- Page 745 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda SUBSTANCE ABUSE POLICY - FACT SHEET What is it and how was it developed? The Substance Abuse Policy was developed over a 12 -month period by representatives of the City and the four Bargaining Units. The underlying belief of the City is that both employees and management should take joint responsibility in assuring we have a substance -free workplace. Toward that end, this policy provides guidelines for all employees and managers to follow in handling substance abuse problems. It also contains a strong rehabilitation benefit to assist employees and their families in overcoming substance abuse. Why have a policy? Alcohol and/or drugs, when abused by you or another family member, can affect job performance. This policy ensures that everyone is treated fairly and with confidentiality, and it enables people to get help for substance abuse problems. When could I be tested? You may be asked to submit to a drug and/or alcohol analysis if you exhibit more than one of the following: Slurred or thick speech Alcohol on breath Inability to perform work properly Problems walking Very unusual, anti -social behavior Possession of alcohol or drugs Blank, glassy -eyed stare Wide and severe mood swings Involved in an accident with City property What substances will I be tested for? Alcohol (actual value) Methaqualone Amphetamines Opiates Barbiturates PCP Benzodiazepines Marijuana Cocaine Methadone What happens if the test is positive for one or more substances? A confirmatory test which is more sensitive will be done to verify the presence of alcohol or drugs in your body What will happen if I need substance abuse treatment? The Employee Assistance Program (EPA) can be used for out-patient treatment. Also available is out-patient treatment through Scripps Memorial -McDonald Center. All costs associated with this treatment are paid by the City with the exception of physician fees. If in-patient treatment is needed, you can enter the Scripps Memorial- 3- Page 746 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda McDonald Center program. All costs, with the exception of physician fees, are paid by the City The City recognizes that when other family members have substance abuse problems, your performance on the job may be affected. Therefore, this benefit is also extended to your covered spouse or dependent children. Can I still take my prescription medication? Using prescription drugs according to physician direction is fine; however, if you are taking drugs which could interfere with your ability to do you job safely, you must notify your supervisor. Suppose I suspect that my supervisor is under the influence of some substance? Any employee can report his or her supervisor or manager for substance abuse without fear of reprisal. The Policy guidelines explain how to document and report incidents. Suppose my supervisor orders me to submit to a drue screen iust because he or she doesn't like me? Reports that are malicious won't be tolerated, and the reporting person will be subject to disciplinary action. If I have a positive drug screen, will it ¢o on my record? Discretion and confidentiality are cornerstones of this Policy Laboratory results will be kept in locked, separate confidential medical files in the Personnel Department. What other protections does the Policy contain? You may not be physically searched. Your prescription mediation may not be confiscated. Reporting individuals should be familiar with your normal behavior. State law protects you in the event you want to report your supervisor for substance abuse. Random testing is not allowed. There must be a combination of substance abuse behaviors demonstrated before any question can be raised about substance abuse. An "off day" won't get you in trouble. Managers and supervisors are covered under this policy just like all others are. You can refuse to take a drug screen, but you may be disciplined for insubordination. Why a policy now? One out of every ten workers in the U.S. is affected by substance abuse. Currently, there are 20 federal agencies that perform mandatory, random drug screens on employees. Two recent court cases have upheld governments' right to randomly test employees where public safety is an issue. It is the City's belief that this policy will pre-empt blanket coverage by a more stringent policy or law that may be enacted by the state or federal legislature. A policy works best when employees have substantial input. Over three hundred staff and employee hours went into creating this policy which responds to the national problem of substance abuse in the workplace, is fair and provides a substantial new benefit. 4- Page 747 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 0 0 COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: ARTICLE I - GENERAL PROVISIONS 1. Introduction POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 1 of 9 DATED: 4/9/02 Under State law, it is the responsibility of the City to make determinations relating to disability retirement applications for its employees who are safety members of the Public Employees' Retirement System (PERS) and relating to reinstatement of such retirees. As authorized by Government Code Section 21173, the City Council of the City has, with its Resolution No. 7142, delegated its responsibilities to its City Manager. The following procedures have been established by the City pursuant to that Resolution. 2. Filing of Application A. Application for Disability Retirement by Safety Employee A safety employee may file an Application for Disability Retirement with the Human Resources Department by following the Safety Officer Disability Retirement Applications Instruction to Employees (see Attachment A). The applicant must filly complete the following two applications forms, and attach any supporting documentation, in order for action to be taken by the City. 1) The PERS Application for Retirement (PERS-BSD-369-D) form (Attachment B). The employee shall send the original to PERS at the indicated PERS address in Sacramento, and file a copy of the completed form with the Human Resources Director. 2) The applicant must also complete the City of Chula Vista Application for Disability Retirement Safety Member (HR -238) (Attachment C), and file it with the Human Resources Director. B. Application for Reinstatement by a Safety Disability Retiree Pursuant to Government Code Section 21196, an employee previously retired from service with the City due to a disability may apply for reinstatement on the basis that he/she is no longer incapacitated. An Application for Reinstatement must be made in writing and shall include all facts and circumstances forming the basis for his/her application for reinstatement. This request shall be submitted to the Human Resources Director. Page 748 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 2 of 9 DATED: 4/9/02 All notices given or required in connection with a disability retirement determination pursuant to these procedures shall be in writing and may be given by personal delivery or mail. Notices sent by mail to City shall be addressed as follows: Director of Human Resources RE: Disability Retirement City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notice shall be deemed given at the time of actual delivery. Acknowledgement of Application by the City Within fifteen (15) calendar days of receipt by the Human Resources Director of the duly completed applications with supporting documentation, a notice (Attachment D) shall be sent by the City to the employee or retiree and the representative designated in his/her application (if any) acknowledging receipt of the application, and transmitting to the applicant and his/her representative, a copy of these rules and procedures. 5. Human Resources Director's Recommendation The Human Resources Director may initiate a recommendation to the City Manager as to whether certification be submitted to PERS that an employee be retired for disability, or a disability retiree be reinstated. The Human Resources Director shall submit to the City Manager a written report setting forth the facts and circumstances forming the basis for the recommendation. A copy of such recommendation and these procedures shall be sent to the employee or retiree. 6. Investigation and Proposed Disposition A. The Human Resources Director and such other officials, employees and/or agents of the City as may be designated, shall have the authority and duty to investigate the facts and circumstances pertaining to the employee's or retiree's application or the Human Resources Director's wndation. Such fact fording may include ordering the employee or retiree to submit to medical rp*nsychiatric examinations, securing by subpoena duces tecum or otherwise, medical and other re.mrtc rennrdq and dnrnmentation for review and takino ctatementc by denncitinn or ntherwige of the Page 749 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda LJ i U U COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: employee, retiree, and/or other persons. POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 3 of 9 DATED: 4/9/02 B. The Human Resources Director or designee shall thereafter, based upon the investigation, submit a proposed disposition of the application or Human Resources Director's recommendation pursuant to paragraph 5, to the City Manager. The City Manager shall send a notice of the proposed disposition to the employee or retiree with copies to the designated representative if any (Attachment E). This notice shall indicate the proposed disposition and that the City shall certify such disposition to PERS unless an objection is filed with the office of the City Manager by the applicant prior to the expiration of fifteen (15) calendar days from the date of service of the notice. 7. Final Disposition of Application or Recommendation in Absence of Objection(s) If no objection is received within the fifteen (15) calendar days from the date of service, the City Manager shall certify the proposed disposition to PERS (Attachment F). 8. Informal Conference if Objection(s) are Filed A. If a timely objection is received (within the fifteen (15) calendar days), the Human Resources Director or his/her designee shall schedule a conference in no less than ten (10) and more than twenty 20) calendar days. Written notification of the conference shall be made to employee or retiree, and their designated representative, if any, and such other involved personnel or agents as he/she deems appropriate (Attachment G). Such notice shall be given at least ten (10) calendar days prior to such conference. The Human Resources Director or his/her designee shall preside over the conference. B. The purpose of the conference shall be to afford the parties an opportunity to reach agreement as to final disposition of the matter, and if no such agreement is reached, to ascertain if any parties in interest request a hearing on the application or recommendation and, if so, to frame issues, enter into stipulations, and discuss dates for the commencement of the baring. The parties will endeavor to set a hearing no later than ninety (90) calendar days (if there is no rehabilitation evaluation pending), or one hundred eighty (180) calendar days (if the employee is being evaluated for rehabilitation), from the date of said conference. 9. Hearing Request A. If after an informal conference a settlement or final disposition was not reached and a hearing waa not renne.Ctrd either mrfv may rennect a hearino by aivinu notice in writino to the nther nnrfv Page 750 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: within twenty (20) days from the informal conference. POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 4 of 9 DATED: 4/9/02 B. The City shall attempt to schedule a hearing within the time periods provided in paragraph 8.13 of Article I. 10. Waiver The City and employee/retiree may enter into a written agreement waiving any of the procedures and/or time limits established in Articles I through III, and stipulate to a different process, if the employee/retiree signs an acknowledgment of the rights being waived by such an agreement. ARTICLE II - APPEAL OF INITIAL DISABILITY DETERMINATION Initial Determination Appeals of the City's initial determination of incapacity of the employee pursuant to Government Code Section 21156 shall be conducted pursuant to Government Code Section 11500 et. seq. and this Article II. 2. Role of Administrative Law Judge The Administrative Law Judge (hereinafter ALJ) shall preside over the hearing, and shall rule on pre - hearing motions, discovery issues and on evidentiary and procedural issues. The ALJ shall be the final decision maker. Burden of Proof If the hearing concerns the disability retirement application initiated by the employee, then the employee shall proceed first and shall have the burden of proof. If the hearing concerns the recommendation initiated by the Human Resources Officer then the City shall proceed first and shall have the burden of proof. 4. Costs The parties shall bear all costs incurred by each such party, including the costs of their witnesses and 9epresentatives, and the costs of a transcript of the hearing ordered by such parry; and shall share ually the mutually incurred costs of the hearing, including the charges of the court reporter or other Page 751 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda n LJ U n COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 l:13lma1)M133119 POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 5 of 9 DATED: 4/9/02 5. Filing and Service of Medical Reports and Documentary Evidence A. No later than fourteen to twenty-one (14-21) calendar days before the scheduled commencement of the hearing, each party shall file with the City Manager, and serve on the other party, any and all medical reports and records and other documentary evidence to be relied upon in the presentation of their case. Unless good cause is shown, any document, report of record which is not filed and served as herein provided shall be inadmissible at hearing, and no testimony upon which such report, document or record is based may be admitted into evidence at the hearing. B. Either party may serve a written request for discovery upon the other party. A party is entitled to: (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: 1) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; 2) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included above; 3) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; 4) Any other writing or thing which is relevant and which would be admissible in evidence; 5) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that such reports (a) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceedings, or (b) reflect matters perceived by the investigator in the course of his investigation, or (c) contain or include by attachment any statement or writing described in 1) to 5), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person, signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof; of oral statements by the person, and written reports or summaries of such oral Page 752 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CIIULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 6o 9 DATED: 4/9/02 Nothing in this section shall authorize the inspection or copying of any writing or thing, which is privileged from disclosure by law or otherwise, made confidential or protected as the attorney's work product. C. If a party refuses to comply with a discovery request, the procedures contained in Government Code Section 11507.7, petitioning a court to compel discovery, shall apply. 6. Hearing Continuances Scheduled hearing dates may be continued by order of the ALJ pursuant to stipulation of the parties or pursuant to written motion of one of the parties approved by the ALJ. A copy of such written motion must be served on the other party. A continuance may be granted for good cause shown. A Fontmuance shall be granted and all proceedings stayed if it is shown that the retiree: (a) has failed to isclose filly to the City the nature, type or character of the disability upon which his/her application is based; or (b) has failed to disclose the name and address of the physician or other practitioner, or facilities by whom or at which he/she was examined, treated, or evaluated for any condition upon which a claim for disability is or may be based; (c) has failed to participate in or complete any examination or examinations by a health practitioner selected by the City. In such case, all proceedings shall be stayed until the retiree has made fiill disclosure with respect to (a) and (b) above, and has cooperated in completing any medical examinations or evaluations scheduled by the City. Stipulated Settlement A. At any time in the proceedings the parties may enter into stipulations and recommend to the ALJ a final disposition regarding the retirement, rehabilitation, and/or employment status of the retiree. B. The ALL may accept, modify or reject the stipulated settlement. If the stipulated settlement is rejected or modified, the retiree shall have the right to proceed with a hearing. 8. Subpoenas A. Any subpoenas shall be issued by the ALJ. B. The parties may avail themselves of the subpoena process to ensure the availability of witnesses. Any applicable costs, fees and expenses pursuant to Government Code Sections 68097.1. 1t. seq shall be paid per Section 4, Costs. Page 753 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA Disability Retirement - Safety Employees ADOPTED BY: 2002-105 AMENDED BY: 9. Conduct of Hearing POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 7 of 9 DATED: 4/9/02 A. The conduct of the hearing shall be under the direction of an Administrative Law Judge. The City shall retain the services of an Administrative Law Judge (ALJ) from the State Office of Administrative Hearings. B. The proceedings at the hearing shall be recorded by a certified shorthand reporter. C. The City shall prepare and serve a statement of issues on the retiree or designated representative, if any, thirty (30) days prior to the hearing. The issues which may be considered at the hearing, by stipulation and/or the presentation of evidence, may include: 1) Disability - Is the retiree substantially incapacitated at the present time from the performance of the duties of the position held when he or she was retired for disability, or the position in the same classification, and for the duties of the position with regard to which he or she has applied for reinstatement from disability retirement? 2) If the retiree is found to be disabled due to mental disorder, is he/she competent to act on his/her behalf in legally binding retirement matters? 3) Should the retiree be certified to PERS for reinstatement? 4) Is the retiree's age at the date of application for reinstatement at least six months less than the age of compulsory retirement for service applicable to the class or category in which it is proposed to employ the retiree? D. If the hearing concerns the application of a retiree, then the retiree shall proceed first, and then shall have the burden of proof. If the hearing concerns a recommendation of the Human Resources Director pursuant to Article I, Paragraph 5, then the City shall proceed first, and shall have the burden of proof. E. The hearing shall not be bound by technical rules of evidence; the normal rules applicable to administrative proceedings shall apply. F. Each party has the right to be represented, to present relevant evidence, to examine and cross- examine witnesses, and to object to, rebut and argue the probative value of such evidence. G. The hearing shall continue from day-to-day until the proceedings are concluded or continued to Page 754 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA CT: Disability Retirement - Safety Employees POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 8 of 9 ADOPTED BY: 2002-105 DATED: 4/9/02 AMENDED BY: H. The ALJ may hold the record open, at his/her discretion, for the submission of briefs and/or the assignment of an independent medical examiner (IME). 1) Such IME will be firmished all documentary evidence presented; will examine the retiree at the expense of the City, and shall report in writing to the City Manager or designee. The ALJ will serve said report upon all parties within fifteen (15) calendar days of receipt, and all parties shall have ten 10) calendar days therefrom to respond in writing to such report. 2) Any party may request cross-examination by deposition of the IME within ten (10) calendar days of service at such party's expense for the doctor's fee and cost of a court reporter only. The court reporter shall transmit the record directly to the ALJ presiding at the hearing with copies to be sent to a requesting party at that party's expense- 00. Findings and Conclusions The ALJ shall issue written findings and final decisions. The ALJ who presided at the hearing, shall direct that Certification of Disposition to PERS Attachment F) be made accordingly to PERS of the City's final determination of the application or recommendation based on such findings and conclusions, with copies of such certification and the Report of Findings and Conclusions (Attachment ID to the parties and their representatives, if any. Within sixty (60) calendar days of the closing of the record, the ALJ or designee, who presided at the hearing, shall provide the parties in interest and their representatives with said written findings of fact and conclusions. The ALJ shall be responsible to serve copies to the retiree and the City. A. Reconsideration Any party may move for reconsideration of the decision of the ALJ who presided at the hearing, within thirty (30) days after service of such decision. The ALJ, who presided at the hearing, shall act on said reconsideration request within thirty (30) days of receiving it. If no action is taken within said thirty 30) day period, the reconsideration request is deemed denied. 4t. Appeal Page 755 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Disability Retirement - Safety Employees POLICY EFFECTIVE NUMBER DATE PAGE 662-08 4/9/02 9 of 9 ADOPTED BY: 2002-105 DATED: 4/9/02 AMENDED BY: An aggrieved party may seek judicial review of the final hearing determination pursuant to the procedures in Code of Civil Procedure Section 1094.6. ARTICLE III - APPEALS OF REINSTATEMENT DETERMINATIONS 1. Reinstatement An appeal by the City or retiree concerning the retiree's application for reinstatement from disability retirement or the City's order of reinstatement shall be governed by this Article 11, paragraphs 1-10. Page 756 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City Council Policy Review and Update Project Page 757 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda City Council Policy •Official description of a City procedure, policy or practice •Approved by the City Council •Policy may derive from an ordinance, resolution, or administrative regulation •Currently approximately 160 City Policies Page 758 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Review and Recommendation Process •Department Heads/Staff review policies •Consider which policies are priority for revisions •Consider which policies should be rescinded/repealed •Recommend to City Manager •Confirm initial set of seven policies to take Page 759 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Policies Recommended for Revision •220-05 City Debt Policy •220-07 City Disclosure Policy •662-13 Fraud Prevention in the Workplace Policy Page 760 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Policies Recommended to be Rescinded Policy Number Policy Title Superseding Policies/Laws 662-03 Disabled Employment Federal Americans with Disabilities Act law City's Equal Employment Opportunity Policy (HR 201) 662-05 Sexual Harassment Policy Equal Employment Opportunity Policy (HR 201) 662-07 Substance Abuse Policy City's Substance Abuse Policy (rev. April 8, 1994) Disability Retirement – Public Employees’ Retirement Law (PERL) Page 761 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Ongoing Effort •Identify next set of priority policies for City Council consideration •Present to City Council quarterly •Consider new policies •Next set of policies planned for City Council Consideration in March 2025 Page 762 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Recommended Action –Adopt Resolutions A.Revising Council Policies: 220-05 City Debt Policy 220-07 City Disclosure Policy 662-13 Fraud Prevention in the Workplace B.Rescinding Council Policies: 662-03 Disabled Employment 662-05 Sexual Harassment Policy 662-07 Substance Abuse Policy 662-08 Disability Retirement –Safety Employees Page 763 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 764 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 765 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 766 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 767 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 768 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 769 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 770 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 771 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 772 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 773 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Page 774 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending June 30, 2024 and is recommending a number of budget amendments in the General Fund and various other funds to align the budget with anticipated year-end actuals where the actuals are expected to exceed the budget; and WHEREAS, staff is recommending increasing expenditure appropriations by $7,735,734 in various General Fund departments offset by an increase in estimated revenues totaling $6,131,108, resulting in the use of $1,604,626 in prior year’s fund balance; and WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund, Public Liability Trust Fund, and Capital Improvement Projects Fund will be positively impacted as a result of increased revenue appropriations resulting from the recommended changes; and WHEREAS, the Bayfront Lease Revenue Fund, will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of this fund; and WHEREAS, the recommended adjustments to the National Opioid Settlement Fund, Donations Fund, Federal Grants Fund and State Grants Fund consist of offsetting adjustments between revenue and expenditure categories and are neutral resulting in no net impact to these funds; and WHEREAS, staff recommends that the City Council authorize the City Manager to amend the fiscal year 2023-24 budget and approve appropriations and transfers in the General Fund and various other funds in order to ensure audited actuals do not exceed authorized budget resulting from any year-end closing entries; and WHEREAS, staff recommends that the Director of Finance report any amendments to the fiscal year 2023-24 budget and appropriations and transfers to the General Fund and various other funds approved by the City Manager in the next quarterly financial report following the release of the Annual Comprehensive Financial Report; and Page 775 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. ________ Page 2 WHEREAS, staff recommends amending the fiscal year 2023-24 Capital Improvement Program budget for the following: Increase appropriations in the Measure P Sales Tax Fund for Sports Courts & Fields (PRK0327) by $31,140; and, decrease appropriations in the Capital Improvement Funds for the Palomar Motel Acquisition Convert Project (GGV0270) by $2,463,120; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2023-24 budget and fiscal year 2023-24 Capital Improvement Program budget and approves the following appropriations and transfers with categorical detail provided in Exhibit 1: Summary of General Fund Appropriations and/or Transfers General Fund Budget Amendments Summary – 4th Quarter Fiscal Year 2023-24 DEPARTMENT PERSONNEL NON- PERSONNEL TOTAL TOTAL SERVICES EXPENDITURES EXPENDITURES REVENUE NET IMPACT GENERAL FUND City Council $ (26,486) $ (16,560) $ (43,045) $ - $ (43,045) Boards & Commissions - (2,712) (2,712) - (2,712) City Clerk (149,687) (319,736) (469,423) (237,859) (707,282) City Attorney (1,210) (409,335) (410,545) (538,340) (948,885) Administration (140,706) (37,792) (178,500) - (178,500) Information Technology (22,862) 11,818 (11,044) - (11,044) Human Resources 56,251 (181,155) (124,904) - (129,904) Finance (122,842) (106,574) (229,416) 438,152 208,736 Non-Departmental 126,120 8,771,021 8,897,141 (3,720,657) 5,176,484 Animal Care Facility (111,156) (89,669) (200,823) - (200,823) Economic Development (1,236) (10,569) (11,806) (268,657) (280,463) Development Services (169,119) (25,700) (194,819) (69,091) (263,910) Engineering/Capital Projects (1,094,190) 168,841 (925,349) (192,540) (1,117,889) Police 2,801,760 11,377 2,813,137 (263,129) 2,500,008 Fire 361,470 (97,892) 263,578 (1,131,241) (867,663) Public Works (151,977) (572,142) (724,119) 178,475 (545,644) Parks and Recreation (333,150) 4,497 (328,653) (326,221) (654,874) Library (256,820) (126,145) (382,965) - (382,965) TOTAL GENERAL FUND $ 764,160 $ 6,971,573 $ 7,735,733 $(6,131,108) $ 1,604,625 Page 776 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. Page 3 Summary of Appropriations and/or Transfers for Other Funds Other Funds Budget Amendments Summary – 4th Quarter Fiscal Year 2023-24 FUND TITLE PERSONNEL EXPENDITURES NON- PERSONNEL EXPENDITURES TOTAL EXPENDITURES TOTAL REVENUE NET IMPACT OTHER FUNDS Bayfront Lease Revenue $ - $ 47,155 $ 47,155 $ - $ 47,155 Western Park Acquisition & Dev - 443,344 443,344 - 443,344 2016 Measure P Sales Tax) - 108,745 108,745 (740,802) (632,057) 2018 Measure A Sales Tax 403,330 (340,802) 62,528 (649,886) (587,358) Public Liability Trust - 396,930 396,930 (538,165) (141,235) Capital Improvement Projects - (2,245,256) (2,245,256) (1,423,925) (3,669,181) Federal Grants - 1,269,678 1,269,678 (1,269,678) - National Opioid Settlement - 227,538 227,538 (227,538) - Donations - 211,327 211,327 (211,327) - Public Facilities DIF - 198,075 198,075 (198,075) - State Grants - 100,625 100,625 (100,625) - Parking Meter - 91,328 91,328 (91,328) - Donations - 68,584 68,584 (68,584) - Section 115 Trust - 11,650 11,650 (11,650) - Public Educational & Govt Fee - 4,658 4,658 (4,658) - CFD 97-1 Otay Ranch - 3,980 3,980 (3,980) - CFD 18M Village 3 Otay Ranch - 2,555 2,555 (2,555) - CFD 08M Vlg 6 McMillin & OR - 2,457 2,457 (2,457) - CFD 09M ORV II Brookfield-Shea - 1,621 1,621 (1,621) - CFD 13-M Otay Ranch Village 2 - 1,278 1,278 (1,278) - CFD 99-2 Otay Ranch Vlg 1 West - 1,204 1,204 (1,204) - CFD 07M Eastlake Woods & Vista - 958 958 (958) - CPF Benefit Funds - 792 792 (792) - Developer Contributions - 688 688 (688) - Otay Ranch Preserve - 663 663 (663) - CFD 12M Village 7 Otay Ranch 614 614 (614) - CFD 98-3 Sunbow 2 614 614 (614) - OV Rd Fee Recovery District 339 339 (339) - Town Center I Parking District 87 87 (87) - Utility Tax Settlement 34 34 (34) - Otay Valley Rd AD 90-2 Impvt 31 31 (31) - TOTAL OTHER FUNDS $ 403,330 $ 611,494 $ 1,014,824 $ (5,554,156) $ (4,539,332) BE IT FURTHER RESOLVED, by the City Council that it authorizes the City Manager to amend the fiscal year 2023-24 budget and approves appropriations and transfers in the General Fund and various other funds in order to ensure audited actuals resulting from final year-end closing entries do not exceed authorized budget; and Page 777 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Resolution No. ________ Page 4 BE IT FURTHER RESOLVED, by the City Council that it directs the Director of Finance to report any amendments to the fiscal year 2023-24 budget and appropriations and transfers to the General Fund and various other funds approved by the City Manager in the next quarterly financial report following the release of the Annual Comprehensive Financial Report. Presented by Approved as to form by Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney Page 778 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EXHIBIT 1 GENERAL FUND BUDGET AMENDMENTS SUMMARY – 4TH QUARTER FISCAL YEAR 2023-24 DEPARTMENT PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES OTHER CAPITAL NON-CIP EXPENDITURES TRANSFERS OUT UTILITIES INTERNAL SERVICE CHARGES TOTAL EXPENDITURES TOTAL REVENUE NET IMPACT City Council $(26,486) $ (13,354) $ - $ (3,190) $ - $ - $ (16) $ - $ (43,045 ) $ - $ (43,045) Boards & Commissions - (2,712) - - - - - - (2,712) - (2,712) City Clerk (149,687) (319,849 ) - - - - 113 - (469,423 ) (237,859) (707,282 ) City Attorney (1,210) (404,173 ) - (4,948) - - (214) - (410,545 ) (538,340) (948,885) Administration (140,708) (38,030) - - - - 238 - (178,500 ) - (178,500) Information Technology (22,862) 101,927 - (87,890) - - (2,684) 465 (11,044 ) - (11,044) Human Resources 56,251 (178,499) - (2,500) - - (156) - (124,904) - (124,904) Finance (122,842) (102,928) - (3,518) - - (128) - (229,416 ) 438,152 208,736 Non-Departmental 126,120 1,115,396 3,264,207 150,000 - 4,232,382 9,036 - 8,897,141 (3,720,657) 5,176,484 Animal Care Facility (111,154) (61,754) (809) (7,107) - - (6,506) (13,493) (200,823 ) - (200,823) Economic Development (1,237) (10,525) - - (200,000) 200,000 (44) - (11,806 ) (268,657) (280,463) Development Services (169,119) (7,021) (47) - - - 1,015 (19,647) (194,819 ) (69,091) (263,910) Engineering/ Capital Projects (1,094,190) (46,548) (4,851) (5,000) - (168) 303,795 (78,387) (925,349 ) (192,540) (1,117,889) Police 2,801,760 (35,847) 27,027 (11,411) - 26,587 69,337 (64,316) 2,813,137 (263,129) 2,550,008 Fire 361,470 (115,297) - (17,866) - (3,469) (29,421) 68,161 263,578 (1,131,241) (867,663) Public Works (151,977) (490,492) (5) (1) (18,700) - (107,328) 44,384 (724,119) 178,475 (545,644) Parks and Recreation (333,150) (4,687) 50,933 (26,423) - - (2,364) (12,962) (328,653 ) (326,221) (654,874) Library (256,820) (113,066) (40) - - - (14,713) 1,674 (382,965 ) - (382,965) TOTAL GENERAL FUND $ 764,160 $ (727,459) $ 3,336,415 $ (19,854) $ (218,700) $ 4,455,332 $219,960 $ (74,12 1) $ 7,735,733 $ (6,131,108) $ 1,604,625 Page 779 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EXHIBIT 1 OTHER FUNDS BUDGET AMENDMENTS SUMMARY – 4TH QUARTER FISCAL YEAR 2023-24 OTHER FUNDS PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES OTHER CAPITAL CIP PROJECT EXPENDITURES TRANSFERS OUT UTILITIES NON-CIP EXPENDITURES TOTAL EXPENDITURES TOTAL REVENUE NET IMPACT Bayfront Lease Revenue $ - $ - $ - $ - $ 47,155 $ - $ - $ - $ 47,155 $ - $ 47,155 Western Park Acquistion & Dev - - 443,344 - - - - - 443,344 - 443,344 2016 Measure P Sales Tax) - (4,632) - 77,605 31,140 4,632 - - 108,745 (740,802) (632,057) 2018 Measure A Sales Tax 403,330 (391,476) 31,264 - - 12,309 7,101 - 62,528 (649,886) (587,358) Public Liability Trust - 4,074 392,856 - - - - 396,930 (538,165) (141,235) Capital Improvement Projects - 116,696 17,864 - (3,099,829) - 720,013 (2,245,256) (1,423,925) (3,669,181) Federal Grants - - 1,347,562 - - (77,884) - - 1,269,678 (1,269,678) - National Opioid Settlement - 227,538 - - - - - - 227,538 (227,538) - Donations - - 211,327 - - - - - 211,327 (211,327) - Public Facilities DIF - - 198,075 - - - - - 198,075 (198,075) - State Grants - - 100,625 - - - - - 100,625 (100,625) - Parking Meter - 14,505 79,151 - - (612) (1,716) - 91,328 (91,328) - Donations - - 68,584 - - - 68,584 (68,584) - Section 115 Trust - 11,561 89 - - - - - 11,650 (11,650) - Public Educational & Govt Fee - (90,409) 95,067 - - 4,658 (4,658) - CFD 97-1 Otay Ranch - - - - - 3,980 - - 3,980 (3,980) - CFD 18M Village 3 Otay Ranch - - - - - 2,555 - - 2,555 (2,555) - CFD 08M Vlg 6 McMillin & OR - - - - - 2,457 - - 2,457 (2,457) - CFD 09M ORV II Brookfield-Shea - - - - - 1,621 - - 1,621 (1,621) - CFD 13-M Otay Ranch Village 2 - - - - - 1,278 - - 1,278 (1,278) - CFD 99-2 Otay Ranch Vlg 1 West - - - - - 1,204 - - 1,204 (1,204) - CFD 07M Eastlake Woods & Vista - - - - - 958 - - 958 (958) - CPF Benefit Funds - - 792 - - - - - 792 (792) - Developer Contributions - - - - 688 - 688 (688) - Otay Ranch Preserve - - - - - 663 - - 663 (663) - CFD 12M Village 7 Otay Ranch - - - - - 614 - - 614 (614) - Page 780 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda EXHIBIT 1 CFD 98-3 Sunbow 2 - - - - - 614 - - 614 (614) - OV Rd Fee Recovery District - - 339 - - - - - 339 (339) - Town Center I Parking District - - 87 - - - 87 (87) - Utility Tax Settlement - - 34 - - - - - 34 (34) - Otay Valley Rd AD 90-2 Impvt - - 31 - - - - - 31 (31) - TOTAL OTHER FUNDS $ 403,330 $(112,143) $2,892,024 $172,672 $ (3,021534) $ (44,923) $5,385 $ 720,013 $1,014,824 $(5,554,156) $(4,539,332) OTHER FUNDS CIP PROJECT EXPENDITURES TOTAL EXPENDITURES 2016 Measure P Sales Tax) (PRK0327) $ 31,140 $ 31,140 Capital Improvement Projects (GGV0270) (2,463,120) (2,463,120) TOTAL OTHER FUNDS $ (2,431,980) $ (2,431,980 ) Page 781 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Attachment 1 Department From To Reason Amount Contracted Services Gas & Electric Transfer for Utility Overage 23,000$ Contracted Services City Staff Services Transfer for Staff Time Expense 10,594 Salaries Software Maint. Fees Transfer for Software 29,000 Salaries Contracted Services Transfer for Bayfront Contract 75,000 Travel/Conf/Meetings Salaries Transfer for Intern 5,000 Salaries Damage to City Property Transfer for Window Repair at South Library 10,000 Landscape Supplies Damage to City Property Transfer for Harborside Park Fence 4,000 Salaries Contracted Services Transfer for Janitorial Services Contract 60,000 Salaries Attorney Services Transfer for Contracted Attorney Services 10,000 Salaries Wearing Apparel Transfer for Wearing Apparel 5,000 Contracted Services Damage to City Property Transfer for Emergency Storm Related Repairs 75,000 Personnel Gas & Electric Transfer for Utility Overage 75,000 Salaries Contracted Services Transfer for Increased Programming 48,000 Salaries Pool Chemicals Transfer for Pool Maintenance 5,000 Salaries Recreation Supplies Transfer for Increased Programming 22,000 Salaries Gas & Electric Transfer for Utility Overage 75,000 Wages - Hourly Repair & Maint of Bldg.Transfer for Supplies 16,282 Salaries Contracted Services Transfer for Janitorial Services Contract 15,000 Travel/Conf/Meetings Salaries Transfer for Salaries 6,550 Salaries Maint of Comm Equip Transfer for Radio Maint 45,000 Salaries Janitorial Supplies Transfer for Supplies 50,000 Salaries Gas & Electric Transfer for Utility Overage 18,000 Non-Departmental Non-Departmental Police Engineering City Council Public Works Public Works Public Works Development Services Development Services Public Works Library Parks & Recreation Parks & Recreation Parks & Recreation Engineering Public Works Public Works City Council Public Works Public Works Animal Care Facility Economic Development Salaries Contracted Services Transfer for Commission Expenses 30,000 Animal Care Facility Salaries Medical & Lab Supplies Transfer for Medical & Lab Supplies 72,000 Parks & Recreation Salaries Gas & Electric Transfer for Utility Overage 75,000 Animal Care Facility Salaries Animal & Adoption Supplies Transfer for Animal & Adoption Supplies 35,000 Public Works Contracted Services Equip > $10K Transfer for Bobcat Purchase 75,000 Public Works Contracted Services Equip > $10K Transfer for Trailer Purchase 3,000 Public Works Salaries Damage to City Property Transfer for Oleander Vandalism 50,000 Public Works Contracted Services Equip > $10K Transfer for Purchase of 2 Tractors 20,000 Parks & Recreation Salaries Contracted Services Transfer for Instructor Payments 27,000 Public Works Equip > $ 10K & Salaries Damage to City Property Transfer for Oleander Vandalism 15,000 Public Works Salaries Damage to City Property Transfer for Window Repair at Civic Center Library 1,500 Total General Fund Budget Transfers 1,085,926$ GENERAL FUND BUDGET TRANSFERS Approved by Administration Fiscal Year 2023-24 (as of June 30, 2024) Page 782 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Attachment 2 Resolution Date Budget Amendments Revenue Expenditure Net Impact 2023-083 7/1/2023 Personnel Appropriations (Animal Care)156,800$ 156,800$ -$ 2023-141 9/12/2023 Personnel Appropriations (City Clerk)34,279 68,557 (34,278) 2023-184 11/28/2023 FY24Q1 Appropriations (Various)1,759,726 1,759,726 - 2024-012 1/9/2024 Personnel Appropriations (Council)11,647 11,647 - 2024-028 2/13/2024 Personnel Appropriations (Various)143,048 143,048 - 2024-046 & 047 3/19/2024 FY24Q2 Appropriations (Various)1,160,932 1,160,932 - 2024-089 5/21/2024 POA MOU Appropriations (Police, Non-Dept)248,364 248,364 - 2024-113 6/25/2024 FY24Q3 Appropriations (Various)22,626,032 22,626,032 - Total General Fund Budget Amendments $ 26,140,828 $ 26,175,106 $ (34,278) General Fund Budget Amendments Fiscal Year 2023-24 (as of June 30, 2024) Page 783 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Quarterly Financial Report Fourth Quarter of Fiscal Year 2024 November 12, 2024 Page 784 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda •Fiscal Year 2024 Reserves are anticipated to be fully funded. –Operating Reserve 15%; Economic Contingency 5%; Catastrophic Event 3%; and Pension Reserve 15% •Year-End closing process requires various budget adjustments to ensure compliance to the City’s Charter and financial policies. •Year-End process is currently underway, and staff will be coming back to the City Council with the Annual Comprehensive Financial Report (ACFR) along with any adjustments not reflected in Q4. Year End Highlights Fiscal Year 2024 Fourth Quarter Financial Monitoring Report 2Page 785 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda General Fund Revenues (in millions) Fiscal Year 2024 Fourth Quarter Financial Monitoring Report 3Page 786 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda General Fund Expenditures (in millions) 4Fiscal Year 2024 Fourth Quarter Financial Monitoring Report Page 787 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda General Fund Summary (in millions) 5Fiscal Year 2024 Fourth Quarter Financial Monitoring Report Page 788 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Non-Departmental: Address transfers to other funds (i.e., Measure A Sales Tax, Measure P Sales Tax, and Capital Improvement Fund) Police Department: Increase to Personnel Services for increased overtime costs Fire Department: Increase to Personnel Services for increased overtime costs, offset by Strike Team Reimbursements. Additional correcting budgetary entries for ACFR preparation. General Fund Adjustments Fiscal Year 2024 Fourth Quarter Financial Monitoring Report 6Page 789 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda 2016 Measure P Sales Tax Fund: Increase expenditures by $109k of which $31k is for an increase to Sports Courts & Fields (PRK0327) CIP project and is offset by revenue increased Measure P revenues. 2016 Measure A Sales Tax Fund: Increase expenditures by $63k offset by increased Measure A revenues. Federal Grants: Increase expenditures by $1.3 million to record reimbursements to departments for FEMA related expenditures. Other Funds Adjustments Fiscal Year 2024 Fourth Quarter Financial Monitoring Report 7Page 790 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Capital Improvement Projects Funds: Decrease expenditures by $2.2 million for reprogramming of Palomar Motel Project (GGV0270) CIP Project, and offset by revenue increase of $1.4 million from a transfer from the General Fund. Additional correcting budgetary entries for ACFR preparation in various funds. Other Funds Adjustments (continued) Fiscal Year 2024 Fourth Quarter Financial Monitoring Report 8Page 791 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Staff will return to Council at the beginning of the year to present the ACFR with final audited financial information Finance staff will be presenting the Fiscal Year 2025 1st Quarter information in December to the City Council Fiscal Year 2026 Budget Development process is currently underway Next Steps 9Fiscal Year 2024 Fourth Quarter Financial Monitoring Report Page 792 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda Quarterly Financial Report Fourth Quarter of Fiscal Year 2024 November 12, 2024 Page 793 of 793 City of Chula Vista - City Council November 12, 2024 Post Agenda