HomeMy WebLinkAbout2025/01/14 Post Agenda Packet
Date:Tuesday, January 14, 2025, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
REGULAR CITY COUNCIL MEETING
Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only).
Free Spanish interpretation is available on-site.
_______________________________________________________________________________________
In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public
comment period on an item or before the close of the general Public Comment period for non-agenda items.
Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment
bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov.
eComments, emails, and other written comments must be received by the day of the meeting at noon for a
regular meeting or three hours before the start time for a special 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 Regulations: To promote transparency and fairness in the governmental decision-making
process, there are rules to prevent public officials from being unfairly influenced by contributors to their
campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is
governed in California by Government Code section 84308. Parties to any proceedings involving a “license,
permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City
Council must disclose any campaign contribution over $500 (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 Regulations Apply: Yes" on this agenda indicates that the item is subject to these regulations.
PUBLIC PARTICIPATION
Complete Agenda Packet: The 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 additional speakers are
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 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 Comments 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
specified on the agenda. Closed session may be held 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
January 14, 2025 Post Agenda Page 2 of 96
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Recognizing Izayah Ringfield for his Visionary and
Effective Leadership and Commitment to the Improvement of the Community
4.2 Presentation of a Proclamation Recognizing Ella Grace Aldridge for her Array of
Achievements, Leadership, and Contributions to the Community
5.CONSENT CALENDAR (Items 5.1 through 5.4)
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 7
RECOMMENDED ACTION:
Approve the minutes dated: December 17, 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 Grant Award and Appropriation: Accept a Grant from the U.S. Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant and Appropriate
Funds
16
Report Number: 24-0283
Location: No specific geographic location
Department: Police
G.C. § 84308 Regulations Apply: 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 $63,372 grant funds from the U.S. Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant, appropriating
funds and amending the fiscal year 2024-25 operating budget. (4/5 Vote
Required)
City of Chula Vista - City Council
January 14, 2025 Post Agenda Page 3 of 96
5.4 Contract Award: Award of Fleet Electrification Consulting Contract to ICF
Consulting, LLC
27
Report Number: 24-0306
Location: No specific geographic location
Department: Public Works
G.C. § 84308 Regulations Apply: Yes
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 awarding a contract for Fleet Electrification Consulting
Services to ICF Consulting, LLC in an amount not to exceed $127,700 for up to
three years.
6.PUBLIC COMMENTS 51
Twenty-one minutes are scheduled for the public to address the City Council for three
minutes each on any matter within the jurisdiction of the City Council that is not on the
agenda. The remaining speakers, if any, will be heard during the continued Public
Comment period.
7.ACTION ITEMS
7.1 Consider Items Removed From the Consent Calendar, if Any
Consider items removed from the consent calendar by the Mayor or a City
Councilmember, if any. If no items were removed from the consent calendar, this
item will be withdrawn.
7.2 Grant Award, Appropriation, and Authorization: Accept and Appropriate Grant
Funds from the U.S. Department of Energy, Add a Conservation Specialist II,
Waive the Competitive Process, and Authorize City Manager to Execute
Agreements to Implement the Grant
74
Report Number: 25-0006
Location: No specific geographic location
Department: Public Works - Conservation
G.C. § 84308 Regulations Apply: Yes
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. Pursuant to Title 10, Part 1021.410(a) of the Code of Federal
Regulations and the Department of Energy Environmental Guidelines, the activity
is Categorical Exclusions under the National Environmental Policy Act (NEPA).
City of Chula Vista - City Council
January 14, 2025 Post Agenda Page 4 of 96
RECOMMENDED ACTION:
Adopt resolutions: (A) Accepting $10,000,000 of “Assistance for the Adoption of
the Latest and Zero Building Energy Codes” in grant funds from the U.S.
Department of Energy, authorizing the City Manager or Director of Public Works
to serve as the “Authorized Officer” to execute any necessary documents to
secure the grant, amending the authorized position count in the Public Works
Department to add 1.0 FTE Conservation Specialist II, and amending the fiscal
year 2024-25 budget to appropriate funds for these purposes (4/5 Vote
Required); and (B) Adopt a resolution to waive the competitive bidding
requirements and authorize the City Manager to negotiate and enter into
agreements with NORESCO and Mile3 Web Development to implement the
“Foundation and Framework for Equitable Building Performance Program.”
8.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
11.COUNCILMEMBERS’ REPORTS
11.1 Councilmember Preciado:
Consider Forming a City Council Subcommittee on Economic Development in
Western Chula Vista
G.C. § 84308 Regulations Apply: No
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines. Therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Consider forming the subcommittees.
12.CITY CLERK'S REPORTS
13.CITY ATTORNEY'S REPORTS
City of Chula Vista - City Council
January 14, 2025 Post Agenda Page 5 of 96
14.ADJOURNMENT
to the regular City Council meeting on January 21, 2025, 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
January 14, 2025 Post Agenda Page 6 of 96
City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
December 17, 2024, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Councilmember Fernandez, Councilmember
Inzunza, 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.
Councilmember Preciado joined the meeting at 5:01 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Councilmember Inzunza.
4. SPECIAL ORDERS OF THE DAY
4.1 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore
Item was not heard.
4.2 Presentation from Sweetwater Authority
Assistant General Manager Robert Yano and Director of Water Quality
representing Sweetwater Authority gave a presentation.
5. CONSENT CALENDAR (Items 5.1 through 5.10)
John Acosta, Chula Vista resident, spoke regarding various topics related to items on the
consent calendar.
Alan C. spoke in opposition to Item 5.2.
Moved by Mayor McCann
Seconded by Councilmember Preciado
Page 7 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
2024-12-17 City Council Regular Meeting Minutes
Page 2
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.10. The headings were read, the text waived. The motion was carried by the
following vote:
Yes (5): Councilmember Chavez, Councilmember Fernandez, Councilmember Inzunza,
Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Waive Reading of Text of Resolutions and Ordinances
Approval of a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.2 Nakano Project: Adopt an Ordinance Rezoning Certain Property South of
Otay Valley River Park and Surrounded by Land in the City of San Diego
Adopt an ordinance rezoning the subject property from Agricultural (A-8) to
Residential Medium (R-3). (Second Reading and Adoption)
Item 5.2 heading:
ORDINANCE NO. 3586 OF THE CITY OF CHULA VISTA CHANGING THE
ZONING FOR THE NAKANO PROPERTY (SECOND READING AND ADOPTION)
5.3 Employee Positions: Approve Adding Unclassified Position Titles to the
Chula Vista Municipal Code
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position titles of Communications Officer and Special Events
Coordinator. (Second Reading and Adoption) (4/5 Vote Required)
Item 5.3 heading:
ORDINANCE NO. 3587 OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED
POSITION TITLES OF COMMUNICATIONS OFFICER AND SPECIAL EVENTS
COORDINATOR (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)
5.4 General Transactions and Use Tax: Adopt an Ordinance to Amend Title 3,
Chapter 3.33 of the Chula Vista Municipal Code to Continue a Voter-Approved
Temporary One-Half Cent General Transactions and Use Tax
Adopt an ordinance amending Title 3, Chapter 3.33 of the Chula Vista Municipal
Code to continue a voter-approved temporary one-half cent general transactions
and use tax to be administered by the California Department of Tax and Fee
Administration. (Second Reading and Adoption) (4/5 Vote Required)
Item 5.4 heading:
ORDINANCE NO. 3588 OF THE CITY OF CHULA VISTA AMENDING TITLE 3,
CHAPTER 3.33 OF THE CHULA VISTA MUNICIPAL CODE TO CONTINUE A
TEMPORARY ONE-HALF CENT GENERAL TRANSACTIONS AND USE TAX TO
BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION (SECOND READING AND ADOPTION) (4/5 VOTE
REQUIRED)
Page 8 of 96
City of Chula Vista - City Council
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Page 3
5.5 Agreement: Approve an Agreement with Keyser Marston Associates, Inc. to
Provide Evaluation and Transaction Structuring Services to Assist in
Evaluating the Bayview Point, LLC Project
Adopt a resolution approving an agreement with Keyser Marston Associates, Inc.
to provide evaluation and transaction structuring services to assist City staff in
evaluating the Bayview Point, LLC project at 707 F Street and 750 E Street.
Item 5.5 heading:
RESOLUTION NO. 2024-242 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES,
INC. TO PROVIDE EVALUATION AND TRANSACTION STRUCTURING
SERVICES TO ASSIST IN EVALUATING THE BAYVIEW POINT, LLC PROJECT
AT 707 F STREET AND 750 E STREET
5.6 Reimbursement Agreement and Appropriation: Approve a Reimbursement
Agreement with Millenia, 2022, LLC for the Cost of Construction of Hunte
Parkway Trunk Sewer Extension
Adopt a resolution approving a Reimbursement Agreement with Millenia 2022, LLC
for construction of a sewer facility known as Hunte Parkway Trunk Sewer
Extension and amend the fiscal year 2024-25 budget appropriating funds for that
purpose. (4/5 Vote Required)
Item 5.6 heading:
RESOLUTION NO. 2024-243 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY
AND MILLENIA, 2022, LLC, FOR CONSTRUCTION OF A TRUNK SEWER
IMPROVEMENT (4/5 VOTE REQUIRED)
5.7 Attorney Services: Authorize Payment of Invoices to Outside Counsel in the
Nunis Litigation
Adopt a resolution that provides authority up to $130,000 to the City Attorney for
payment of final invoices from Manning Kass and Lewis Brisbois relating to outside
attorneys and vendor services rendered in the Nunis litigation.
Item 5.7 heading:
RESOLUTION NO. 2024-244 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING $130,000 TO THE CITY ATTORNEY FOR PAYMENT OF
INVOICES TO OUTSIDE COUNSEL IN THE NUNIS LITIGATION
5.8 Grant Award and Appropriations: Accept and Appropriate Grant Funds from
the San Diego Seniors Community Foundation
Adopt a resolution A) accepting two grants from the 2024 San Diego Seniors
Community Foundation, one for “No Senior Alone for the Holidays” in the amount
of $3,500 and the other for “Empower San Diego Senior Centers” in the amount of
$12,600 and B) amending the fiscal year 2024-25 budget by appropriating funds to
the Parks and Recreation Section of the Other Grants Fund for this purpose (4/5
vote required).
Item 5.8 heading:
Page 9 of 96
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2024-12-17 City Council Regular Meeting Minutes
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RESOLUTION NO. 2024-245 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO SENIORS
COMMUNITY FOUNDATION, AMENDING THE FISCAL YEAR 2024/2025
BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.9 Employee Compensation, Bargaining Agreement and Budget Amendments:
Approve a Memorandum of Understanding with WCE; Salary Adjustments for
Certain Unclassified Positions; Compensation Schedules; and Budget
Amendments
Adopt resolutions: A) approving a Memorandum of Understanding (“MOU”)
between the City of Chula Vista and Western Council of Engineers (“WCE”) related
to compensation and other terms and conditions of employment; B) amending the
Compensation Schedule to reflect salary adjustments for certain unclassified,
hourly positions impacted by the State’s minimum wage law; (C) approving the
revised Fiscal Year 2024-25 Compensation Schedule effective December 17,
2024, as required by California Code of Regulations, Title 2, Section 570.5; (D)
approving the revised Fiscal year 2024-25 Compensation Schedule effective
January 10, 2025, as required by California Code of Regulations, Title 2, Section
570.5 and (E) amending the fiscal year 2024-25 budget to appropriate funds,
accordingly. (4/5 Vote Required)
Item 5.9 headings:
A) RESOLUTION NO. 2024-246 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU”)
BETWEEN THE CITY OF CHULA VISTA AND WESTERN COUNCIL OF
ENGINEERS RELATED TO COMPENSATION AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER,
AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED
TO IMPLEMENT THE MOU
B) RESOLUTION NO. 2024-247 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT
SALARY ADJUSTMENTS FOR CERTAIN UNCLASSIFIED, HOURLY POSITIONS
IMPACTED BY THE STATE’S MINIMUM WAGE LAW
C) RESOLUTION NO. 2024-248 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 27, 2024, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
D) RESOLUTION NO. 2024-249 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25
COMPENSATION SCHEDULE EFFECTIVE JANUARY 10, 2025, AS REQUIRED
BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
E) RESOLUTION NO. 2024-250 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2024-
25 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Page 10 of 96
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5.10 Grant Application: Authorize Submittal of a State of California Prohousing
Incentive Program Funds Grant Application
Adopt a resolution authorizing application for and receipt of Prohousing Incentive
Program Funds.
Item 5.10 heading:
RESOLUTION NO. 2024-251 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING
INCENTIVE PROGRAM FUNDS
6. PUBLIC COMMENTS
Alan C. spoke regarding community events.
John Acosta, Chula Vista resident, spoke regarding various topics.
7. PUBLIC HEARINGS
7.1 TEFRA Hearing: Approve a Plan of Finance for the Issuance of Revenue
Bonds by the California Municipal Finance Authority for the Teresina
Apartments Affordable Housing Project
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Housing Manager Warwick gave a presentation on the item.
Mayor McCann opened the public hearing.
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
Moved by Mayor McCann
Seconded by Councilmember Fernandez
To adopt Resolution No. 2024-252, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Councilmember Fernandez, Councilmember
Inzunza, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 heading:
RESOLUTION NO. 2024-252 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A PLAN OF FINANCE FOR THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE
AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT LOCATED AT
1250 SANTA CORA AVENUE FOR THE BENEFIT OF CG TERESINA APTS LP,
AND CERTAIN OTHER MATTERS RELATING THERETO
Page 11 of 96
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8. ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any
There were none.
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
There were none.
11. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community
announcements.
At the request of Mayor McCann, there was a consensus of the City Council to add an
item to a future agenda to consider making a referral to the City Manager to open the
application process in January for applicants ages 18 – 23 for the Odawara exchange
program.
11.1 Consideration of Reappointment of Ann Moore to the San Diego Board of
Port Commissioners for the Term Beginning January 2027
Item was not heard.
11.2 Annual Appointment of City Councilmembers to Outside Agencies
The following members of the public spoke in support of the Mayor being
appointed as the primary member of SANDAG:
Alan C.
John Acosta, Chula Vista resident
Kelvin Barrios, representing Local 189, spoke in support of the Mayor's
recommended appointments.
Moved by Councilmember Preciado
Seconded by Mayor McCann
To make the appointments to outside agencies as proposed by Mayor McCann and
Councilmember Preciado. The motion failed by the following vote:
Yes (2): Councilmember Preciado, and Mayor McCann
No (3): Councilmember Chavez, Councilmember Fernandez, and Councilmember
Inzunza
Result, Defeated (2 to 3)
Moved by Councilmember Inzunza
Seconded by Councilmember Chavez
To make the following appointments to outside agencies. The motion was carried
by the following vote:
Page 12 of 96
City of Chula Vista - City Council
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2024-12-17 City Council Regular Meeting Minutes
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Mayor John McCann: Metropolitan Transit System Board of Directors (MTS) –
Member (Mayor), Chula Vista Bayfront Facilities Financing Authority Board of
Directors – Member, Chula Vista University Subcommittee – Member (internal
subcommittee of the Council), Chula Vista Veterans Home Support Foundation –
Member, International Council for Local Environmental Initiatives (ICLEI) –
Alternate, League of California Cities San Diego Division – Member, South County
Economic Development Council (EDC) – Alternate
Councilmember Chavez: San Diego Association of Governments (SANDAG)
Board of Directors – Member, South County Economic Development Council
(EDC) – Member, International Council for Local Environmental Initiatives (ICLEI) –
Member, University Project Task Force with Southwestern College – Member,
Chula Vista Veterans Home Support Foundation – Alternate, League of California
Cities San Diego Division – Alternate, San Diego Association of Governments
(SANDAG) Shoreline Preservation Working Group – Alternate
Councilmember Preciado: Metropolitan Transit System Board of Directors (MTS)
– Alternate, Metropolitan Wastewater Commission (Metro) – Member, San Diego
Association of Governments (SANDAG) Bayshore Bikeway Task Force – Member,
Interagency Water Task Force – Member, San Diego Community Power Authority –
Alternate
Councilmember Inzunza: Chula Vista University Subcommittee – Member
(internal subcommittee of the Council), Otay Valley Regional Park (OVRP) Policy
Committee – Member, Otay Ranch Preserve Owner Manager (POM) Policy
Committee – Member, San Diego Association of Governments (SANDAG)
Shoreline Preservation Working Group – Member, Metropolitan Wastewater
Commission (Metro) – Alternate, San Diego Association of Governments
(SANDAG) Bayshore Bikeway Task Force – Alternate, San Diego Association of
Governments (SANDAG) Board of Directors – 2nd Alternate, San Diego Community
Power Authority – Member, University Project Task Force with Southwestern
College – Member
Councilmember Fernandez: San Diego Association of Governments (SANDAG)
Board of Directors – 1st Alternate, Metropolitan Transit System Board of Directors
(MTS) – 2nd Member, Interagency Water Task Force – Member, Chula Vista
Bayfront Facilities Financing Authority Board of Directors – Member, Otay Ranch
Preserve Owner Manager (POM) Policy Committee – Alternate, Otay Valley
Regional Park (OVRP) Policy Committee – Alternate
Yes (3): Councilmember Chavez, Councilmember Fernandez, and Councilmember
Inzunza
No (2): Councilmember Preciado, and Mayor McCann
Result, Carried (3 to 2)
11.3 Appointment of Deputy Mayor for 2025
Moved by Mayor McCann
Seconded by Councilmember Fernandez
To appoint Councilmember Chavez as the Deputy Mayor for 2025.
Page 13 of 96
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Yes (5): Councilmember Chavez, Councilmember Fernandez, Councilmember
Inzunza, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
11.4 Ratification of Appointment to the Following Board and Commissions:
Board of Library Trustees
- Rita Beyers
- Isabella Glinsky
Cultural Arts Commission
- Thelma Rufolo
Human Relations Commission
- Amado Huizar
Measure A Citizens' Oversight Committee
- Daniel Schreck
Moved by Councilmember Preciado
Seconded by Mayor McCann
To ratify the appointments. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Councilmember Fernandez, Councilmember
Inzunza, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
12. COUNCILMEMBERS’ REPORTS
Councilmembers reported on attendance at recent events and made community
announcements.
Councilmember Chavez provided a report regarding the recent SANDAG board meeting.
13. CITY CLERK'S REPORTS
There were none.
14. CITY ATTORNEY'S REPORTS
There were none.
15. CLOSED SESSION
Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney
maintains official minutes and records of action taken during closed session.
City Attorney Verdugo announced that the City Council would convene in closed session
to discuss the items listed below.
Mayor McCann recessed the meeting at 6:48 p.m. The City Council convened in closed
session at 6:58 p.m., with all members present.
Page 14 of 96
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15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Alan C. spoke regarding the item.
A) Gerald Lewis v City of Chula Vista, San Diego Superior Court, Case No. 37 -
2023-0006770-CU-PO-CTL, and
Action: No Reportable Action
B) Armando Padilla v City of Chula Vista, San Diego Superior Court, Case No.
24CU005664C
Action: No Reportable Action
16. ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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January 14, 2025
ITEM TITLE
Grant Award and Appropriation: Accept a Grant from the U.S. Department of Justice for the Edward Byrne
Memorial Justice Assistance Grant and Appropriate Funds
Report Number: 24-0283
Location: No specific geographic location
Department: Police
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution accepting $63,372 grant funds from the U.S. Department of Justice for the Edward Byrne
Memorial Justice Assistance Grant, appropriating funds and amending the fiscal year 2024-25 operating
budget. (4/5 Vote Required)
SUMMARY
The Police Department has received notice of the 2024 Edward Byrne Memorial Justice Assistance Grant
award in the amount of $63,372 from the U.S. Department of Justice. These funds were allocated to the Police
Department based on city population and Part 1 violent crime statistics.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of
activities to prevent and control crime based on their local needs and conditions. Federal f unds from the
Edward Byrne Memorial JAG Program must be used to supplement existing funds for program activities and
cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit
of local government must provide assurance that the application or any future amendment was made and an
opportunity to comment was provided to citizens and the neighborhood or community organizations of
applicable law. Local match is not required with the JAG Program.
The Police Department received notice on September 4, 2024 of an Edward Byrne Memorial JAG award in
the amount of $63,372 from the U.S. Department of Justice. These funds were allocated to the Police
Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder
and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI.
Acceptance and appropriation of these funds requires that the application be made public and that the public
has an opportunity to comment on the application.
In prior years, JAG awards have been allocated to retain the Police Community Relations Specialist position.
The Police Department is recommending continuation of using JAG funds of $63,373 with a General Fund
contribution of $47,306 to fund the personnel costs during fiscal year 2024-25.
The Police Community Relations Specialist provides a vital link between the community and the Police
Department by attending community meetings, coordinating events which involve the community, providing
Crime Prevention through Environmental Design assessments for homeowners and businesses, coordinating
the annual Community Police Academy and the Teen Police Academy, and responds to general inquiries and
questions to the Police Department. This position plays an invaluable role serving as the Department’s
community liaison.
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
Approval of this resolution will result in the acceptance of $63,372 in grant revenues from the U.S.
Department of Justice.
The estimated FY 2024-25 personnel cost of the Police Community Relations Specialist is $110,678, as
outlined in the table below. These personnel costs are already included in the FY 2024-25 adopted budget
of the Federal Grants Fund.
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Federal Grants Fund
Adopted
Budget
FY 2024-25
Amendment
Revised
Budget
Federal Grant - Other ($110,678) $47,306 ($63,372)
Tfr In General Fund ($47,306) ($47,306)
REVENUE TOTAL ($110,678) $0 ($110,678)
Salaries $73,374 $73,374
Flex/Insurance $15,290 $15,290
PERS $5,910 $5,910
PERS Unfunded Liability $1,696 $1,696
Medicare $1,052 $1,052
Workers Comp $2,828 $2,828
Tfr Out (POB) $10,528 $10,528
EXPENSE TOTAL $110,678 $0 $110,678
NET FISCAL IMPACT $0 $0 $0
Funds received by JAG will partially offset the annual personnel costs. The remaining costs of $47,306 will
be absorbed by the General Fund. Approval of this resolution will transfer funds from the Personnel Services
category to the Transfer Out category, approving the transfer of $47,306 to the Federal Grants Fund.
General Fund
Personnel
Services
Transfers Out
Estimated
Revenue Net Impact
Police Department ($47,306) $47,306 $0 $0
ONGOING FISCAL IMPACT
Since Justice Assistance Grant funds are awarded on an annual basis, the Police Department plans to continue
using these grant funds to partially fund the Police Community Relations Specialist position. The difference
between the full costs of the position and the grant award amount will be incorporated as part of the annual
budget development process in future fiscal years.
ATTACHMENTS
1. JAG application
Staff Contact: Chief Roxana Kennedy, Police Department
Administrative Services Manager Jonathan Alegre, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE 2024 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS AND
AMENDING THE FISCAL YEAR 2024-25 OPERATING
BUDGET THEREFOR
WHEREAS, the Police Department received notice from the Bureau of Justice Assistance
of the 2024 Edward Byrne Memorial Justice Assistance Grant award in the amount of $63,372;
and
WHEREAS, the grant funding from the U.S. Department of Justice for the 2024 Edward
Byrne Memorial Justice Assistance Grant will be used for the personnel costs of one Police
Community Relations Specialist; and
WHEREAS, the Police Community Relations Specialist provides a vital link between the
community and the Police Department; and
WHEREAS, an opportunity for the public to comment on the grant was provided to seek
input regarding the grant application and appropriations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that the City Manager, or designee, is authorized to enter into and execute an agreement
with the U.S. Department of Justice, any amendments, extensions, or renewals of the agreement,
and any and all documents necessary and appropriate to implement this resolution in the form as
may be required or approved by the City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City Manager, or designee, is authorized to take all necessary action to administer, monitor,
manage, and ensure compliance with the program including certifications made in the
application, and further to enter into and execute contracts with third parties to implement t he
program or use of the funds, as appropriate.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby accepts $63,372 from the U.S. Department of Justice and approves the transfer of
$47,306 to the Federal Grant Fund from the General Fund.
Presented by Approved as to form by
Roxana Kennedy Marco A. Verdugo
Police Chief City Attorney
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I
Application for Federal Assistance SF-424
• 1. Type of Submission: • 2. Type of Application: • If Revision, select appropriate letter(s): D Preapplication 1:8:!New I 1:8:1 Application D Continuation • Other (Specify): D Changed/Corrected Application D Revision I
• 3. Date Received: 4. Applicant Identifier:
!Completed by Grants.gov upon submission. I I
5a. Federal Entity Identifier: 5b. Federal Award Identifier: I I I
State Use Only:
6. Date Received by State: I I 17. State Application Identifier: I
8. APPLICANT INFORMATION:
• a. legal Name: lcrn OF CHULA VISTA
• b. Employer/Taxpayer Identification Number (EIN/TIN):
1956000690
d. Address:
• Street1: 276 4TH AVE
Street2:
• City: lcmJLA VISTA
County/Parish: lsAN DIEGO
• State:
Province:
• Country: I UNITED STATES
• Zip/ Postal Code:
e. Organizational Unit:
Department Name: I
I
I
• c. UEI:
IKVBYLRZMAGJ9
Division Name: I
I
I
I
I
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: I I • First Name: 'JONATHAN
Middle Name: I I
• Last Name: !ALEGRE
Suffix: I I
Title: I
Organizational Affiliation:
• Telephone Number: 16194762570 I Fax Number: I
• Email: balegre@chulavistapd.org
I
I
I
I
I
0MB Number: 4040-0004
Expiration Date: 11/30/2025
I
I
I
I I
I
I
I
I
I
I
I I
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January 14, 2025
ITEM TITLE
Contract Award: Award of Fleet Electrification Consulting Contract to ICF Consulting, LLC
Report Number: 24-0306
Location: No specific geographic location
Department: Public Works
G.C. § 84308: Yes
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 awarding a contract for Fleet Electrification Consulting Services to ICF Consulting, LLC in
an amount not to exceed $127,700 for up to three years.
SUMMARY
The City received sixteen proposals to provide Fleet Electrification Consulting Services on July 30, 2024. A
staff committee reviewed the proposals and selected ICF Consulting, LLC. Staff’s recommendation is that
Council award the Fleet Electrification Consulting Contract to ICF Consulting and approve the two -party
agreement.
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 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.
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DISCUSSION
The City is required to comply with the California Air Resources Board (CARB) Advanced Clean Fleets (ACF)
regulations, which mandates that city fleets transition from fossil fuels to zero-emissions beginning in 2024.
To assist in this conversion the City identified a need to enlist a qualified consultant to develop a thorough
fleet electrification strategy. On June 28, 2024, the City of Chula Vista issued a Request for Proposals (RFP),
seeking a consultant to provide Fleet Electrification Consulting Services. The RFP was posted and made
available on PlanetBids. The RFP closed on July 30, 2024 and 16 proposals were received. A review was
conducted of all proposals which were determined to be responsive, and an evaluation committee evaluated,
scored, and ranked based on the following criteria: Experience/ Past Performance/ References, Personnel,
Qualifications and Cost.
The top three proposers were invited to meet with the evaluation committee and ICF Consulting, LLC ranked
as the top vendor.
Key provisions of the agreement include, but are not limited to, the following:
Services – The Consultant shall provide all labor, materials, services, and equipment necessary for the
development of a comprehensive Fleet Electrification & Electric Vehicle (EV) Charging Master Plan
and City Fleet Policies. The proposed Master Plan and Fleet Policies shall serve as a framework to
guide decisions on growth, development, and management of the City’s fleet services that shall
conform with the City’s General Plan, Climate Action Plan, and Strategic Plan. The Scope of Services
includes the following tasks: Project Kick-Off, Review of Policies, Documents, and Existing City Fleet
Infrastructure, Electric Vehicle and Charging Station Assessment, Development of City Fleet Policies
& Standards, Workforce & Staffing Levels Assessment and Value Added & Additional Related
Services.
Term – The contract term is initially from December 17, 2024 to December 16, 2027. If ICF’s work
performance is satisfactory, the parties may mutually agree in writing to extend the contract for two
(2) additional one (1) year periods. The annual option year renewals would be effective December
17, 2027 to December 16, 2028 and December 17, 2028 to December 16, 2029. If the vendors work
performance is not satisfactory, the City reserves the right to not renew the contract without penalty.
If the parties agree to extend the contract for the option years, acceptable price increases may be
agreed to and such increases would be based on changes in the annual San Diego Area Consumer
Price Index for Urban Wage Earners and Clerical Workers (CPI-W), in an amount not to exceed 5%.
A comprehensive Fleet Electrification & Electric Vehicle Charging Master Plan (Master Plan) will aid the City
in evaluating the current fleet, identifying ideal electrification opportunities and creating implementation
strategies. In addition, the Master Plan will help the City identify the ideal EV supply equipment solution to
enhance fleet efficiency and curtail energy costs. Onsite assessments will be done to determine optimal site
layout and devising the most effective charging strategy. Finally, the Master Plan will help the City in
complying with the ACF Regulation which was designed to accelerate a transition to zero-emissions medium
and heavy-duty vehicles.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The maximum cost of the agreement is not-to-exceed $127,700 over the initial term. The Fleet Electrification
Plan and all tasks related to this agreement are budgeted in the Measure P Fund Fleet Infrastructure CIP.
There is no additional fiscal impact as a result of the approval of this resolution.
ONGOING FISCAL IMPACT
Should the City choose to exercise its options to extend the contract, funding will be included as part of the
annual budget development process.
ATTACHMENTS
1. Two-Party Agreement with ICF Consulting, LLC
Staff Contact: Alicia Granados, Senior Management Analyst
Angelica Aguilar, Assistant Director of Public Works
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSULTANT SERVICES
AGREEMENT FOR FLEET ELECTRIFICATION
CONSULTING SERVICES BETWEEN THE CITY AND ICF
CONSULTING, LLC
WHEREAS, the City is required to comply with the California Air Resources Board
(CARB) Advanced Clean Fleets (ACF) regulations, which mandates that city fleets transition from
fossil fuels to zero-emissions beginning in 2024; and
WHEREAS, to assist in this conversion the City identified a need to enlist a qualified
consultant to develop a thorough fleet electrification strategy; and
WHEREAS, on June 28, 2024 the City solicited proposals for Fleet Electrification
Consulting; and
WHEREAS, in July 2024, the City received sixteen (16) proposals and after review of the
proposals, invited the top three proposers to meet with the evaluation committee; and
WHEREAS, the evaluation committee interviewed the top three proposers and ICF
Consulting, LLC was ranked as the top consultant; and
WHEREAS, the initial term of the contract is from December 17, 2024 to December 16,
2027, and upon satisfactory work performance, the parties may mutually agree to extend the
contract for up to two (2) additional one (1) year periods from December 17, 2027 to December
16, 2028 and December 17, 2028 to December 16, 2029; and
WHEREAS, staff is recommending a not-to-exceed contract amount of $127,700 which is
funded through the Measure P Fund Fleet Infrastructure CIP; and
WHEREAS, staff recommends the approval of the contract with ICF Consulting, LLC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves Consultant Services Agreement with ICF Consulting, LLC to provide Fleet
Electrification Consulting Services, in the form presented, with such minor modifications as may
be required or approved by the City Attorney, a copy of which shall be kept on file in the Office
of the City Clerk, and authorizes and directs the Mayor to execute the same.
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Resolution No.
Page 2
Presented by Approved as to form by
Matthew Little, PE Marco A. Verdugo
Deputy City Manager/Director of Public Works City Attorney
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1 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH ICF CONSULTING, LLC
TO PROVIDE FLEET ELECTRIFICATION CONSULTING
This Agreement is entered into effective as of January 14, 2025, (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and ICF Consulting, LLC, A California Corporation
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires consulting services to develop a comprehensive Fleet Electrification and
Electric Vehicle (EV) Charging Infrastructure Master Plan and City Fleet Policies; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for professional services contracts exceeding $50,000, received sixteen (16)
proposals, and selected ICF Consulting as the most qualified amongst those submitting; and
WHEREAS, after completing review of the proposals, staff ranked ICF Consulting as first based on the
criteria described in the solicitation; 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.]
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2 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additi onal
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
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3 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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4 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 In demnified 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
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obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. CONFLICTS OF INTEREST
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits
public agency officers from participating in any action related to a contract if such officer receives political
contributions totaling more than $250 within the previous twelve months, and for twelve months following
the date a final decision concerning the contract has been made, from the person or company awarded the
contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific
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contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Consultant hereby waives any right to remove any action from San
Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
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6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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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.
ICF CONSULTING, LLC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JANINE EGLER JOHN MCCANN
SENIOR CONTRACTS ADMINISTRATOR MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Zohair Youman or Alicia Granados
1800 Maxwell Rd, Chula Vista, CA 91911,
(619)397-6079 or (619)397-6145
zyouman@chulavistaca.gov or agranados@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:
ICF CONSULTING, LLC
Janine Egler, Senior Contracts Administrator
1902 Reston Metro Plaza, Reston, VA 20190
(703)934-3269
Janine.Egler@icf.com
For Legal Notice Copy to:
CET Contracts
1902 Reston Metro Plaza, Reston, VA 20190
(703)934-3000
notices@icf.com
2. Required Services
A. General Description:
ICF Consulting shall provide all labor, materials, services, and equipment necessary for the development
of a comprehensive Fleet Electrification & Electric Vehicle (EV) Charging Master Plan and City Fleet Policies.
The proposed Master Plan and Fleet Policies shall serve as a framework to guide decisions on growth,
development, and management of the City’s fleet services that shall conform with the City’s General Plan,
Climate Action Plan, and Strategic Plan.
All assessments shall be conducted in accordance with well-established industry standards and shall be
performed by individuals trained and licensed and/or certified in construction, engineering, and/or architecture
for the specific building systems they are assessing.
All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and
regulations. All services, equipment and materials provided by ICF Consulting must be in accordance with
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applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope
of the project at any time.
B. Detailed Description:
ICF Consulting shall provide professional consulting services and is expected to fulfill the requirements
described in the Scope of Services to accomplish the City’s objective of electrifying the City’s fleet and
updating the City’s fleet policies. ICF Consulting is expected to provide suggestions other than those listed in
the Scope of Services, which they believe would be of value to producing master plan that reflects the unique
nature of the City of Chula Vista. Suggestions which require ICF Consulting to provide a service that may cause
a cost increase are to be shown as “Value Added Costs.” Upon final selection, the Scope of Services may be
modified and/or refined as needed. It is important to note that emergency vehicles defined in California Vehicle
Code § 165 are exempt from California electrification mandates.
The Scope of Services is organized into the following tasks:
TASK 1 – PROJECT KICK-OFF
Project Kick-Off Meeting
ICF Consulting shall facilitate a kick-off meeting with key City Staff to receive available information related to
the project, identify and discuss the following: technical issues, discuss relevant regulations, coordinate City
Staff/ICF Consulting responsibilities, and refine the project schedule.
TASK 2 – REVIEW OF POLICIES, DOCUMENTS, AND EXISTING CITY FLEET AND
INFRASTRUCTURE
ICF Consulting shall review policies and documents that are relevant to the development of the final Fleet
Electrification & Electric Vehicle Charging Master Plan and City Fleet Policies. This information shall be
provided by the City, where available, existing policies and data prior to the commencement of the assessments.
TASK 3 – ELECTRIC VEHICLE AND CHARGING STATION ASSESSMENT
Electric Vehicle Assessment
• Work with City Staff to evaluate the composition of the City’s existing fleet, utilization patterns, locations of
vehicle storage, and maintenance. The inventory shall establish a baseline for the current City fleet and
electrification status.
• Review the City’s existing fleet policies and procurement procedures.
• Identify and recommend available EV options and provide a cost analysis, including purchase, maintenance,
expected useful life, and salvage value.
• Provide a budget and cost analysis.
• Offer insights on expected costs and estimated timelines for the availability of vehicles not currently on the
market.
• Create a timeline for the expected vehicle replacement schedule.
• Identify incentive and financing mechanisms and other strategies that could accelerate the electrification of the
City’s fleet.
• Identify barriers to the fleet electrification transition.
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• Provide guidance on California Air Resources Board (CARB) Advanced Clean Fleets regulation and
requirements.
• Provide guidance on potential paths forward for vehicles that do not clearly qualify for exemption under the
various CARB regulations.
Electric Vehicle Charging Equipment Assessment
• Work with City Staff to evaluate the composition of the City’s existing EV charging infrastructure,
consumption patterns, locations of charging stations, current fee, and maintenance.
• Identify site locations for EV charging infrastructure.
• Determine energy requirements for the proposed fleet and existing power supply.
• Identify applicable EV charging equipment options and provide acquisition and maintenance costs.
• Provide a budget and cost analysis for charging equipment.
• Provide a life cycle cost analysis of EV charging equipment.
• Identify incentive and financing mechanisms.
• Notify City Staff of infrastructure improvements necessary to meet electrical needs for charging equipment,
including coordination with the utility company on electrical supply availability.
• Identify opportunities for public and City staff EV charging on City properties.
• Identify scenarios where additional off-site charging resources may be required to support fleet operations.
• Provide recommendations for emergency backup charging, solar generation, and storage.
Deliverables
• Report and presentation of CARB regulations, updates, and compliance requirements.
• Electric Vehicle Assessment that includes vehicle replacement schedule, vehicle replacement
recommendations, budget and cost analysis, regulatory compliance.
• Electric Vehicle Charging Equipment Assessment that includes site locations, energy requirements,
infrastructure improvements, budget and cost analysis (acquisition, installation, maintenance, life cycle),
emergency backup/solar recommendations.
TASK 4 – DEVELOPMENT OF CITY FLEET POLICIES & STANDARDS
• Work with City Staff to review existing fleet policies.
• Present information to key City staff identifying existing policy issues and any relevant federal/state mandates.
• Identify and present fleet industry standards and future developments.
• Draft comprehensive, clear, and consistent fleet policies and standards; including, new and revision of existing
policies. ICF Consulting must submit original version to Project Manager in Microsoft Word format.
Deliverables
• Using information received and developed in Task 2, 3, and 4, draft recommended policies that align with
Fleet industry standards that support the Fleet operation, City objectives, and related legislation.
TASK 5 – FLEET ELECTRIFICATION & VEHICLE CHARGING MASTER PLAN
ICF Consulting must prepare the Fleet Electrification & Vehicle Charging Master Plan that contains, but is not
limited to the following:
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1. Utilizing information gathered and developed in Task 3, provide a Master Plan which takes into
consideration the City’s anticipated needs to electrify the fleet, infrastructure to support fleet
electrification, fleet policies, fleet industry standards, and CARB mandates.
2. The final Master Plan shall include, but are not limited to:
• Executive Summary
• Fleet Electrification Equipment Replacement Schedule
• Electric Vehicle Recommendations
• Carbon and Pollutant Reduction Analysis
• Electric Vehicle Charging Plan
• Project Budget & Analysis
• Incentive Programs & Funding Sources
• Workforce/Staffing Recommendations (Optional Task 6)
• Other Relevant/Diagrammatic Information
• PowerPoint Presentation (to accompany the plan)
TASK 6 – WORKFORCE & STAFFING LEVELS (Optional)
• Review existing City Fleet staffing levels.
• Determine any changes in staffing and training required to adequately manage the electrified fleet and
resources available for that training.
• Provide recommendations on technical and professional development of City Staff in order to maintain,
service, and repair electric fleet and infrastructure
• Provide a comprehensive labor cost analysis for the repair and maintenance of EVs including estimated labor
hours for common EV on repair tasks.
• Provide recommendations for staffing levels for Fleet Maintenance including, technicians, project managers,
and administrative staff to execute and administer the Master Plan.
Deliverables
• Comprehensive workforce assessment that identifies the required staffing levels to maintain, service, repair
EVs and EV charging equipment, and administer the Master Plan, including labor cost assessment of repair and
maintenance tasks as well as resources available for training and professional development.
Task 7 - VALUE ADDED & ADDITIONAL RELATED SERVICES
ICF Consulting may propose additional related services that the City has not specifically identified in this RFP to
accomplish the stated goals of this RFP. Value & added related services will be considered by the City and
may or may not be incorporated in the agreement. The fees for any additional related services must be identified
in your proposal per service and totaled in the fee proposal through PlanetBids.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
17, 2024 and end on December 16, 2027 with the option to extend for two (2) one-year extensions for
completion of all Required Services.
4. Compensation:
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A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Labor Category Amount
Project Manager $280.31
Project Director $232.56
Principal Expert $221.60
Senior Consultant $188.14
Consultant $149.84
Senior Analyst $158.05
Not-to-Exceed the following:
Task No. Deliverable Amount
1 & 2 Project Kick-Off Meeting &
Review of Policies, Documents &
Existing City Fleet and
Infrastructure
$17,555
3.1 Electric Vehicle Assessment $13,833
3.2 Electric Vehicle Charging
Assessment
$23,171
4 Development of City Fleet
Policies & Standards
$10,401
5 Fleet Electrification & Vehicle
Charging Master Plan
$16,983
6 Workforce Development &
Staffing Levels
$12,905
7 Value Added & Additional
Related Services
$19,997
Tasks 1-7 Subtotal $114,845
Contingency (ODC & Travel) $12,855
Not to Exceed Amount $127,700
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Other Direct Costs (ODC) and travel costs to be invoiced on a monthly basis as incurred at cost plus applicable
G&A. ICG will work directly with the City of Chula Vista and seek permission before incurring any ODC or
travel expenses.
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Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
December 16, 2027 shall not exceed $127,700.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or December 17, 2027 through December 16, 2028 and December 17, 2028
through December 16, 2029. 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 the rate of inflation as reflected by the San Diego Consumer Price Index (“CPI”) – for Urban Wage
Earners and Clerical Workers (CPI-W), up to a maximum increase of 5% for any one (1) additional term 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.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
Page 48 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
18 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
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: Alicia Granados
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).
Page 49 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
19 City of Chula Vista Agreement No.: 2024-290
Consultant Name: ICF Consulting, LLC Rev. 03/21/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political
contribution totaling more than $250 within the previous twelve months, and for twelve months following the
date a final decision concerning the contract has been made, from the person or company awarded the contract .
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The
Levine Act does not apply to competitively bid, labor, or personal employment contracts.
☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement.
☒ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as
follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions
totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date
you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political
contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement
or any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any
subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating
in any actions related to the Agreement.
5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in
an agency. GC § 84308
Page 50 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Joseph A Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council, January 14, 2025
I come before you again with a heartfelt plea on behalf of the
homeless and nancially vulnerable in our community, who continue to
suffer as a result of the poorly written provisions of the Tenant
Protection Ordinance (TPO).
Over two years ago, when a draft of this ordinance was rst
reviewed, many were shocked. Former Council Member Jill Gavez
voted against the measure realizing such an ordinance would result in
massive rent increases. The clauses imposing severe penalties on
uninformed landlords were clearly going to result in preemptive rent
hikes, disproportionately impacting the poorest among us. Recognizing
this danger, My wife and I acted swiftly to be advocates for change.
First: We gathered City Staff data quantifying the harm the TPO has
caused to our most vulnerable residents. See Attachment One.
Second: Details of specic clauses in the TPO that are most harmful,
resulting in families being pushed out of their homes and onto the
streets, are included in Attachment Two.
Third: As a 15 year CAST volunteer I have witnessed rsthand the
human toll of bad city policies. I have been dispatched by the CVPD in
the middle of the night to assist homeless families. I will never forget
the empty stare in the eyes of a little girl who was forced by YOU to
sleep in a cardboard box. I am sure there are additional innocent victims
of this ordinance’s unintended consequences. See Attachment Three.
Page of1 9
Written Communications - PC
Raso - Received 1/10/25
Page 51 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Fourth: We have employed a multi-faceted strategy to address the
crisis, as outlined in Attachment Four.
Fifth: A zero cost compassionate solution exists—one that aligns the
TPO with state mandates without placing undue burdens on renters or
taxpayers. This detailed solution is outlined in Attachment Five.
Despite this clear evidence of ongoing suffering, the Council has
not taken effective corrective action. The TPO has created immense
hardship for low-income renters and has increased homelessness, yet no
meaningful steps have been taken to alleviate this burden.
I was informed by city staff member Stacie Kurtz that, with
competent legal representation, my wife and I can prove we are exempt
from provisions of the TPO. This demonstrates our intentions are
honorable and are driven by a commitment to fairness, not self-interest.
I have lived on the same quiet Chula Vista cul-de-sac for 66 years. My
wife Mary and I deeply care about our community. We will take every
necessary step to stop council’s obsessive policy of pushing people out
of their homes and onto the streets.
We implore you to act now. We are not requesting new programs
or initiatives. We are simply asking you to stop perpetuating harm. A
zero cost minor change to the wording of the TPO, as suggested in
Attachment Five, could make an immediate difference in easing this
crisis and restoring dignity to the least fortunate of our community.
We plead for at least one Council Member to step forward, show
compassion, place this matter on Council’s agenda and rally your fellow
Council Members to address this urgent issue. The continued resilient
spirit of our community is at stake. Thank you for you attention in this
matter.
Joseph A. Raso
Page of2 9
Written Communications - PC
Raso - Received 1/10/25
Page 52 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Attachment One:
City Staff Supplied Data and Supporting Conclusions:
1)Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau
QuickFacts 2022)
2) Average number of individuals in each household: 3.31. (Chula Vista
U.S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
Population of Chula Vista (283,972) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x .42% = 119,268)
6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See
attached CV Staff provided “Relocation Assistance” Pic - Average of
Line 2nd from bottom)
7) With no right to cure, amount of daily fine threatening Landlords or
Tenants who inadvertently makes a paperwork error when Tenant
terminates lease and moves: $5,000.00 (Clauses 9.65.060 E and
9.65.080 C2 of the“Tenant Protection Ordinance”)
8) Maximum average monthly rent increase allowed annually: $304.70
3047.00 x 10%. California AB-1482 5% plus ination Max 10%)
9) Average number of months required for Landlord to impound a 1 day
fine: 16.41 ($5000.00 divided by $304.70)
Page of3 9
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Raso - Received 1/10/25
Page 53 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Supporting Conclusions Drawn From Staff Supplied Data:
A simple analysis of the data reveals:
1) $10,979,255.00: The approximate total monthly maximum rent
increase levied on Chula Vista Renters if Landlords are forced to
impound funds to the pay daily fines: (36,033 Rental Units multiplied
by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 )
2) 596 New Homeless: Approximate number of Homeless created if
only one half of one percent of Chula Vista renters are forced out of their
homes by the rent increases caused by the Tenant Protection Ordinance:
CV Population 283,972 x 42% = 119,268 x .5% = 596)
City Staff Supplied Chart:
Page of4 9
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Raso - Received 1/10/25
Page 54 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Attachment Two: (Clauses of Concern)
Clause 9.65.060E: Reporting Requirements. Owners and Tenants shall provide the
City with information regarding termination of tenancies at such times and with
such details as required by the City in the attendant Administrative Regulations.
When a tenant decides to vacate a property by simply moving away without
giving written notice, it is left to the Landlord to terminate the lease. Simple logic
dictates that the Landlord’s termination must fall into an “At Fault Just Cause
Termination” or a “No-Fault Just Cause Termination” category. A Tenant simply
moving away does not fall into the “Notice Not Required” category as listed in
item one below. Such a situation results in the Landlord being required to supply
City Staff with information as listed in 2B below.
070 Administrative Regulations Requirements Upon Termination of Tenancy A.
Owner Notice to City Regarding Termination
1. Notice Not Required
Owners are not required to notify City of At-Fault Just Cause terminations.
Intent to occupy by Owner or Family Member.
Compliance with Government or Court Order.
Withdrawal from the rental market.
Substantial remodel or Complete Demolition
2. Notice Required
In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required
to notify City of No-Fault Just Cause terminations
B. Content of Notice
A CVMC 9.65.070(B) notice by Owner to City of a No-Fault Just Cause
termination must contain the following information:
Property Address;
Owner name, phone and email;
Number of total units within complex;
Number of units vacant at time of noticing;
Page of5 9
Written Communications - PC
Raso - Received 1/10/25
Page 55 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Number of termination notices issued;
Contracted rent at time of notice, for all terminated tenancies; and
Copy of all termination notices.
If any errors are committed by Landlord when submitting data to City
Staff, Landlord is subject to fine in Clause 9.65.080C2 listed below.
Clause 9.65.080C2: Civil penalties for violations of this chapter may be assessed
at a rate not to exceed $5,000,00 per violation per day.
Page of6 9
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Raso - Received 1/10/25
Page 56 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Attachment Three:
CAST Volunteer Experience:
For the past fifteen years, I have volunteered with CAST (Civilian Adversity
Support Team). CAST is a team of approximately sixty trained volunteers on call
24 hours a day and dispatched by the Chula Vista Police Department to assist
community members who have suffered a sudden death in the family. Calls may
range from violent murders to the peaceful passing of an elderly relative.
One evening I was dispatched by the CVPD to the Palomar Trolley Station.
Expecting a tragic accident I was relieved to find no one had died. Instead, the
police officer on the scene pointed me to a homeless man sleeping in a refrigerator
box with his six-year-old daughter. The policeman asked if I could help improve
their situation. I arranged for them to be taken to a shelter for single fathers. The
image of that family’s struggles became embedded in my heart, fueling my
commitment to assist the financially vulnerable in our community. If you had seen
the empty stare on that little girl’s face, you would share my deep commitment to
helping the underserved and immediately amend the “Tenant Protection
Ordinance.”
TPO’s Effect on Chula Vista Elementary School Children:
The present wording of the Tenant Protection Ordinance continues to
exasperate the homeless situation of the youngest and most vulnerable members of
our community.
As chairman Downtown Chula Vista Association’s Land Use Committee, we
were approached by representatives of the Chula Vista Elementary School District
at our December 2024 meeting. At that meeting, School District representatives
pleaded with business leaders for assistance in improving the lives of the ever
increasing number of homeless children in our schools. The latest data revealed by
the Chula Vista Elementary School District has reported 224 1st thru 6th grade
children enrolled in our elementary schools are homeless (as defined as either
living on the street, in a car, in a tent, or residing in a night to night motel stay).
Page of7 9
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Raso - Received 1/10/25
Page 57 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Attachment Four:
Multi-pronged approach to bring relief to the poorest in our
community.
Community Efforts:
Feeding the Homeless: Our church organized a team of volunteers to
feed the increasing number of homeless resulting from the passing of the
Tenant Protection Ordinance.” Once a week, church members prepare
meals for Chula Vista’s homeless. Realizing this was insufficient to
mitigate the severe financial devastation as a result the “TPO”, We
initiated additional efforts.
Raising Awareness: We endeavor to make the City Council aware of
the damage caused by the current wording of the “TPO”. Naively
believing that awareness coupled with effective solutions would prompt
immediate corrective action, we have gathered data from City staff
documenting the pain and suffering inflicted by the “TPO”.
Page of8 9
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Raso - Received 1/10/25
Page 58 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Attachment Five:
Zero Cost Proposed Solution:
1. Notification System: Before issuing a $5,000 daily fine, notify the
offending party of non-compliance. This can be accomplished by
removing the word “Not” from clause 9.65.080C2 “When a violation
occurs, it is not required that a warning or notice to cure must first be
given before an administrative citation or civil penalty may be issued.”
Obviously honest “Mom & Pop” landlords would gladly come into
compliance, while the few “bad apples” would be easily identified by
their attempts to circumvent the law.
2. Chasing a Nonexistent Problem: Surprisingly, since the
implementation of the Tenant Protection Ordinance, NOT ONE
unscrupulous landlord has been fined because NOT ONE unscrupulous
landlord has been found. However, this fact does little to slow the ever
rising rents. Just as prudent landlords must secure fire insurance as a
precaution against catastrophe, they must also preemptively raise rents
to guard against the possibility of future $5,000.00 daily fines. Such
relentless rent increases results in an ever increasing homeless
population.
3. Benefits: The removing the word “Not” from clause 9.65.080C2 of
the TPO:
a) Complies with state of California requirements,
b) Relieves landlords need to preemptively raise rents,
c) Protects low income tenants from unnecessary financial strain,
d) Assists homeless to secure more affordable housing.
Page of9 9
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Raso - Received 1/10/25
Page 59 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
From: alan mil
Sent: Friday, January 10, 2025 9:21 AM
Subject: AB1054 Stopped Wildfire Prevention - Insurance For PGE-SDGE-SCE Funded By Rate
Payers HOME FIRE INSURANCE CANCELED DUE TO NO PREVENTION
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 COUNTY DA
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY NON AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
====================
AB1054 Stopped Wildfire Prevention - Insurance For PGE-SDGE-SCE
Funded By Rate Payers - HOME FIRE INSURANCE CANCELED DUE TO NO PREVENTION
Page 60 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
"A trend of private insurers, including Allstate and Farmers Insurance, of dropping California
policies or halting underwriting "
https://www.cbsnews.com/news/fires-california-palisades-fire-homeowners-insurance-
state-farm-fair-losses/
$21.5 BILLION AB1054 NO FIRE PREVENTION
RATE PAYERS CHARGED LAWSUIT INSURANCE AB1054
"Gov. Gavin Newsom signed Assembly Bill 1054 (“AB 1054”), also known as the California Wildfire
Fund (the “Fund”), in July 2019. The Fund provides the state’s investor-owned utility companies
(PG&E, Southern California Edison, SDG&E) $21 billion in insurance protection. Prior to AB 1054,
the burden was on utility companies to prove they acted responsibly. However, after AB 1054, as
long as the utility company obtained a safety certification issued by the state, utility companies are
presumed to have acted responsibly."
https://singletonschreiber.com/how-does-ab-1054-work-blog/
"Newsom above all others, making one bad decision after another that cost Southern
California dearly. He spent billions on high speed rail and free health care for illegal aliens, but
couldn't be bothered to hire enough firefighters, let alone secure water for them."
https://www.americanthinker.com/blog/2025/01/greasy_gavin_shows_up_for_his_fire_picture
s_not_mentioning_why_there_s_no_water.html
FOUR WATER RESERVOIRS REMOVED
KLAMATH RIVER DESTYROYED BY BIDEN NEWSOM
LA FIRES NO PREVENTION FIRE HYDRANTS EMPTY
"Four Dam Removal to residents in an area of Southern Oregon and Northern California where
drought has made water a source of controversy. Water for irrigation of lands and crops along with
Page 61 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
easily accessed water critical for fighting increasing catastrophic wildfires in the areas around
the dams would be gone! The Cascade-Siskiyou National Monument was arguably saved by the
water from Iron Gate Lake."
https://www.valuewalk.com/proposed-klamath-river-dams-removal-the-height-of-obtuse-
thinking/
IF "CLIMATE CHANGE" CLAIM AN ISSUE
WHY CA DOES NOTHING PREVENT FIRES?
NEWSOM CARB FUNDS EV CHARGE STATIONS
INSTEAD OF PREVENTION - BURY POWER LINES
https://www.businessinsider.com/pge-caused-california-wildfires-safety-measures-2019-
10?op=1
https://ww2.arb.ca.gov/our-work/programs/electric-vehicle-charging-infrastructure
BIDEN FEDERAL FUNDS EV CHARGE STATIONS IGNORES FIRE PREVENTION
https://dot.ca.gov/news-releases/news-release-2022-035
Page 62 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
CA EV MANDATE BY 2035 FLEX ALERT
https://www.theepochtimes.com/us/with-its-power-grid-under-pressure-california-asks-
residents-to-avoid-charging-electric-vehicles-3870841
PRIOR TO WILDFIRE DEMOCRAT MAYOR BASS
CUT MILLIONS OF FUNDING FIRE DEPARTMENT
RECIEVED POWER SHUTOFF ALERT THEN FLIES TO AFRICA
CARES MORE ABOUT ANOTHER COUNTRY THEN LOS ANGELES CITY
https://news.sky.com/video/los-angeles-mayor-silent-when-asked-if-she-owes-citizens-
apology-over-handling-of-wildfires-13285826
https://www.youtube.com/watch?v=kPAbydMygBM&t=0s
Page 63 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
CA WARNED DECADES
NO FOREST MANAGEMENT
ENVIROMENTALS CAUSED WILDFIRES
Salem News - https://www.youtube.com/watch?v=DgUeiXGKZM4&t=0s
Page 64 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
--
Informative links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
SANDAG 2025 REGIONAL PLAN PAGE 4
TRANSNET ALREADY FUNDED ROADS DOUBLE TAX
CONVERT FREEWAY LANES TO MANAGED TOLL LANES
https://www.sandag.org/-/media/SANDAG/Documents/PDF/regional-plan/2025-regional-
plan/2025-draft-proposed-regional-transportation-network-eng.pdf
SAN DIEGO COUNTY VOTERS STOPPED SANDAG TAX
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
Page 65 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
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 NO JAIL instead of felony for the following
crimes $950 theft and drug use: [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
Page 66 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
• PERSONAL USE OF MOST ILLEGAL DRUGS
PROP 36 ELECTION RESULT SEE BALLOTPEDIA LINK
DEMOCRATS AND UNIONS OPPOSED MAKE CRIME AGAINST LAW
https:/ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Trea
tment-Mandated_Felonies_Initiative_(2024)
EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN
https://web.archive.org/web/20241106045649/https://electionresults.sos.ca.gov/returns/ma
ps/ballot-measures/prop/36
https://ballotpedia.org/Elections
Page 67 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications – PC
Curry – Received 1/10/25
https://vote.gov/
Page 68 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
2.66.060Posting of handbills and other papers
prohibited.
As of January 13th, 2025
•it is unlawful to post and/or
distribute within any City park
or recreation center, or to post
or affix upon any tree, fence or
structure or building located
within any City
park or recreation center, any
handbills, circulars, pamphlets,
tracts, dodgers, papers or
advertisements
Written Communications - PC
Acosta - Received 1/13/25
Page 69 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
listen learn and make your own conclusion!
EP.052: Jesus Cardenas | Political Strategist
•https://podcasts.apple.com/us/podcast/ep-052-jesus-cardenas-political-strategist/id1148158250?i=1000500630030
Written Communications - PC
Acosta2 - Received 1/13/25
Page 70 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
CHULA VISTA ELECTED A Mayorto represent Chula Vista at SANDAG
Council members were elected torepresent their District.
•Anyone who has time for
•Photo ops and media Meetings•for self-promotion.
•Should have time to meet with•those who they REPRESENT.
•HOW ABOUT •Some transparency?
HOW ABOUTSome communication??
•I DO NOT TRUST ANYONE
•THAT IS PART OR ASSOCIATED
•WITH A POLITICAL CARTEL
•OR ANY PRESENT OR PAST
•POLITICAN WHOSE MAIN GOAL
•IS TO GET THEIR FRIENDS
•ELECTED OR APPOINTED
Written Communications - PC
Acosta2 - Received 1/13/25
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City of Chula Vista - City Council
January 14, 2025 Post Agenda
Read the Prensa January 30th 223
learn more about those
who are now representing you
Written Communications - PC
Acosta2 - Received 1/13/25
Page 72 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Written Communications - PC
Acosta2 - Received 1/13/25
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City of Chula Vista - City Council
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v . 0 0 5 P a g e | 1
January 14, 2025
ITEM TITLE
Grant Award, Appropriation, and Authorization: Accept and Appropriate Grant Funds from the U.S.
Department of Energy, Add a Conservation Specialist II, Waive the Competitive Process, and Authorize City
Manager to Execute Agreements to Implement the Grant
Report Number: 25-0006
Location: No specific geographic location
Department: Public Works - Conservation
G.C. § 84308: Yes
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. Pursuant to Title 10, Part 1021.410(a) of the Code of Federal Regulations
and the Department of Energy Environmental Guidelines, the activity is Categorical Exclusions under the
National Environmental Policy Act (NEPA).
Recommended Action
Adopt resolutions: (A) Accepting $10,000,000 of “Assistance for the Adoption of the Latest and Zero Building
Energy Codes” in grant funds from the U.S. Department of Energy, authorizing the City Manager or Director
of Public Works to serve as the “Authorized Officer” to execute any necessary documents to secure the grant,
amending the authorized position count in the Public Works Department to add 1.0 FTE Conservation
Specialist II, and amending the fiscal year 2024-25 budget to appropriate funds for these purposes (4/5 Vote
Required); and (B) Adopt a resolution to waive the competitive bidding requirements and authorize the City
Manager to negotiate and enter into agreements with NORESCO and Mile3 Web Development to implement
the “Foundation and Framework for Equitable Building Performance Program”.
SUMMARY
In April 2024, the City of Chula Vista, in partnership with NORESCO, Mile3 Web Design, Elevate, and Emerald
Cities Collaborative, submitted an “Assistance for the Adoption of the Latest and Zero Building Energy Codes”
funding application to the U.S. Department of Energy (“DOE”) State and Community Energy Programs Office
(“SCEP”). In December 2024, the City received notification of award for the program in the amount of
$10,000,000 to implement a project called “Foundation and Framework for Equitable Building Performance
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Program”. This item seeks to formally accept the grant funds, authorize the City Manager to negotiate and
execute the corresponding agreements, add 1.0 FTE Conservation Specialist II to help deliver program goals,
and appropriate funds accordingly.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The activity is not a
“Project” as defined under Section 15378 of the State CEQA Guidelines because it is not for a site-specific
project and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Pursuant to Title 10,
Part 1021.410(a) of the Code of Federal Regulations and the Department of Energy Environmental
Guidelines, the activity is Categorical Exclusions under NEPA. Thus, no further environmental review is
necessary.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Chula Vista City Council adopted Municipal Code 15.26.050, otherwise known as the Building Energy Saving
Ordinance (“the Ordinance”), on March 2, 2021, in support of the City’s 2017 Climate Action Plan. The
Ordinance supports the City’s goal of reducing greenhouse gas emissions from existing buildings by 50% by
2045. To comply, owners of multifamily, commercial, and industrial buildings 20,000 square feet and larger
must report their energy use data annually. Low-performing buildings must perform energy audits, retro-
commissioning, and address cost-effective building upgrades over time. Approximately 800 covered
buildings within the City are subject to Ordinance requirements. This Ordinance is considered a Building
Performance Standard (“BPS”) and a small cohort of jurisdictions across the country have similar
requirements, including Boston, MA; Montgomery County, MD; Washington, D.C.; Denver, CO; Cambridge,
MA; Seattle, WA; and St. Louis, MO; among others, with many jurisdictions with BPS policies in development.
The City of Chula Vista is an inaugural member of the National Building Performance Standards Coalition,
launched by President Biden in January 2022.
Implementation of Chula Vista’s Ordinance began on January 1, 2022, and required building owners to report
their building’s 2021 energy use by May 20, 2022. This process is repeated yearly – owners of buildings must
report the previous year’s energy use by May 20 annually. Since development of the Ordinance, staff have
been researching ways to provide support and resources to building owners to lessen the burden of
compliance. Securing long-term funding is vital for the success and maximum impact of the Ordinance.
On December 18, 2023, the DOE released a funding opportunity for a nine-year initiative entitled “Assistance
for the Adoption of the Latest and Zero Building Energy Codes”. The specific goals listed in the funding notice
were in close alignment with the existing Building Energy Saving Ordinance, and as such, staff from the City’s
Conservation section worked with potential external project partners to propose pathways and program
design features this funding could support related to Ordinance implementation. On April 24, 2024, the City
of Chula Vista, in partnership with NORESCO, Mile3 Web Design, Elevate, and Emerald Cities Collaborative,
submitted a funding application to the DOE’s State and Community Energy Programs Office (SCEP). In
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December 2024, the City received notification of award in the amount of $10,000,000 to implement the
“Foundation and Framework for Equitable Building Performance Program”.
The third year of Ordinance implementation has just concluded, and as the program is just in the energy
benchmarking phase, the only current requirement for building owners is annual energy reporting on the
free Energy Star Portfolio Manager platform. The compliance rate at the end of 2024 was approximately
45% and securing long-term funding will allow capacity building to help better implement the Ordinance
and provide outreach to building owners about the requirements and resources. The existing Ordinance
requires audits and retro-commissioning for low-performing buildings in 2026 and potential upgrades to
buildings by 2031 to meet performance targets. City staff have learned from other jurisdictions nationwide
that data quality plays a key role in the successful implementation of a BPS and with funding from the DOE,
staff plans to require and provide no-cost, third party data verification for all buildings every five years,
preceding the performance target years. Staff plans to return to City Council later this year to update the
Ordinance to extend timelines, require no-cost data verification, and to refine other minor details.
City staff expects a substantially increased effort for the implementation of building performance aspects in
the coming years as the Ordinance requirements move beyond the benchmarking only phase. Grant funds
will allow staff to develop programs that support data quality and verification to ensure that covered
buildings perform as reported and contribute toward the City’s climate goals. Data verification will allow
building owners to know their data is accurate before the BPS requirements take place in future years and
will ensure that only buildings that are truly under-performing will be required to undergo audits and retro-
commissioning. DOE funding is critical for developing programs to support building owners and the
community, particularly frontline communities, with incentives, tools, resources, and training to successfully
comply with the Ordinance. Importantly, DOE funding will enable the City to build and operate an equity
framework and workforce development program that will not only support building compliance, but benefit
the local community as a whole, which is something that is not currently covered with existing General Fund
resources. Over $2.8 million is designated to directly support owners of buildings 20,000 square feet and
larger in Chula Vista through no-cost, third-party data verification services and incentives for energy audits
and retro-commissioning for equity priority buildings over the nine-year grant. Per grant requirements,
funds may not be utilized for improvements or building upgrades identified in audits. Staff will continue to
seek grant opportunities that allow for building improvements.
End of project goals includes the following:
• 100% Ordinance compliance rate by 2033
• At least 21% energy reduction in 30 years
• 20% reduction in greenhouse gas (GHG) emissions by 2033
• Workforce development program designed based upon the results of the workforce gap analysis
• At least 40% of benefits for data verification and building audits will take place in communities
most in need
• Substantial improvement in Chula Vista building stock including energy efficient buildings and
overall Energy Use Intensity reductions
• The Benchmarking Portal and associated map feature will be a regular tool for tenants seeking
rental properties or buyers interested in purchasing buildings 20,000 square feet or larger,
creating a market transformation toward high-performance buildings
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Long-term funding is ideal to ensure continuity in implementation, community connections, data
verification, workforce development, measuring progress, and enforcement. To date, the City of Chula Vista
has relied on the General Fund to cover staff time and improvement of the online Benchmarking Portal. The
City currently receives in-kind support for this project through San Diego Gas and Electric’s Codes and
Standards team for some program planning, marketing, and outreach services. Previous Local Government
Partnership funds covered consultant time to work with City staff on policy research, Ordinance
development, and design and launch of the Benchmarking Portal. This nine-year grant is needed to support
additional technical policy development activities including stakeholder engagement, workforce
development planning, and incentive program design and implementation. This program will leverage a
unique opportunity to create a workforce pipeline to meet the supply and demand of building upgrades while
strengthening the number and diversity of skilled workers and contractors within the emerging energy
efficiency industry. This grant funding will also support a portion of the existing Environmental
Sustainability Manager’s staff time to lead all aspects of this program over the full grant term and will also
support the ongoing work and hosting of the Benchmarking Portal.
Approval of this funding will include the addition of one full-time equivalent (1.0 FTE) Conservation
Specialist II position for the duration of the nine-year grant term. This capacity building will be a critical
component as the team develops new resources, designs, and implements incentive programs, creates a data
verification program, provides additional technical support, and ensures an equity focus for prioritizing
buildings. As this Ordinance has long-term requirements that will likely need to be updated in later years
and will continue beyond the nine years of this grant term, staff will pursue additional funding sources for
this position beyond the grant performance period.
The City of Chula Vista will serve as the lead technical organization and the administrator of the funds and
will work closely with the DOE staff over the nine-year grant term in meeting grant deliverables including
conducting community outreach, providing technical assistance, developing and deploying a data
verification program, managing building energy audit and retro-commissioning incentives for qualified
buildings, measuring compliance, and enforcing the Ordinance. In addition, City staff will manage the
agreements with Mile3 Web Design and NORESCO. Mile3 will provide continued refinement of the
benchmarking portal to support a database of covered buildings, contacts, data map, and energy audit report
tracking. NORESCO will manage contracts with Elevate and Emerald Cities Collaborative and together, will
provide support for creation of an equity framework to enhance support for under-resourced building
owners, development of an existing buildings roadmap to achieve climate goals, workforce development
programs to engage and enhance training capacity of communities that have been historically marginalized,
and materials and resources to enable successful compliance from building owners. Project partners are
uniquely qualified to support this program, and their experience includes the following:
Mile3 Web Design has over 20 years of experience in creating webtools, working with local agencies,
optimizing database performance, developing custom solutions for clients, and web applications and
has been collaborating with the City to support Sustainability programs for over five years.
NORESCO has been helping clients for 40 years to adapt to and mitigate the impacts of climate change
by decarbonizing, modernizing, and electrifying aging infrastructure to be more sustainable, and
resilient and they understand building owners’ experience of planning, financing, and implementing
energy upgrades. NORESCO has been collaborating with the City for over three years.
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Elevate is a nonprofit that designs and implements energy efficiency, solar, building decarbonization,
clean water, and workforce development programs that lower costs, protect the environment, and
ensure that program benefits reach those who need them most.
Emerald Cities Collaborative is a national nonprofit that centers and collaborates with frontline
communities, especially communities of color, to ensure that they are at the forefront of decision
making, that they benefit from the economic opportunities of the transition to clean energy, and to
drive climate investments back to those communities.
Pursuant to Municipal Code Section 2.56.070(B)(3), City Council has the ability to waive the competitive
bidding requirements if they are impractical and the City’s interests would be materially better served by
applying a different purchasing procedure approved by the Purchasing Agent. Staff recommends that City
Council waive the competitive bidding requirements and award contracts to Mile3 Web Development and
NORESCO for services related to this project. Mile3 Web Development and NORESCO have partnered with
the City for this grant proposal, are included in the grant’s Statement of Program Objectives (SOPO) that the
City completed in partnership with the DOE over the last several months and have completed the required
pre-award documentation with the DOE. For these reasons, Staff recommends that Council waive the
competitive bidding requirements and authorize the award of contracts to Mile3 Web Development and
NORESCO in order to implement the grant program.
A summary of the budget is found in Table 1 and specific deliverables for partners will be included in the
associated agreements.
Table 1:
Department of Energy Grant Summary
Organization Program Budget
City of Chula Vista $7,197,219
Mile3 Web Development $243,819
NORESCO $1,230,360
Elevate $375,000
Emerald Cities Collaborative $953,602
Total $10,000,000
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The proposed budget per fiscal year is summarized in Table 2.
Table 2: Proposed Budget Per Fiscal Year
Description FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Total
Personnel
Costs 219,552 439,104 439,104 464,583 490,063 490,063 511,221 532,380 532,380 266,190 4,384,639
Supplies &
Services 168,901 337,802 1,840,690 1,095,573 350,456 350,323 484,345 618,367 245,937 122,969 5,615,361
Total
Expenditures 388,453 776,905 2,279,793 1,560,156 840,518 840,386 995,566 1,150,747 778,317 389,159 10,000,000
Critical success factors that will be enacted in partnership with Mile3, NORESCO, Elevate, and Emerald Cities
Collaborative over the next nine years of the program include:
• Creation of an existing buildings roadmap to achieve climate goals
• Development of a data verification program to ensure accurate building energy reporting
• Equity framework to enhance support for under-resourced building owners including incentives for
energy audits and retro-commissioning for qualified buildings
• Materials and resources to enable successful compliance from building owners
• Workforce development programs to engage and enhance training capacity of communities that have
been historically marginalized
• Benchmarking portal to support database of covered buildings, contacts, data map, and audit report
tracking
• Right-sized City staff team to successfully manage the program, provide technical assistance,
measure compliance, and enforce the Ordinance
Through this action, staff is seeking Council’s approval for the following:
Accept the $10,000,000 in funds awarded by the DOE;
Amend the fiscal year 2024-25 budget by appropriating funds to the Public Works section of the
Federal Grant Fund;
Add 1.0 FTE Conservation Specialist II to the Public Works Department to be offset by grant revenue
and amend the authorized position count in the department;
Authorize the City Manager or Director of Public Works to serve as the “Authorized Officer” to
execute any necessary documents to obtain the grant;
Authorize the City Manager or Director of Public Works to negotiate and enter into agreements
between the City, Mile3 Web Development, and NORESCO, all of which are necessary to implement
and administer the program;
Waive the competitive bidding requirements pursuant to Municipal Code Section 2.56.070(B)(3).
These actions are necessary to implement and administer the program.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by 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
Cost associated with staff time to coordinate with the Department of Energy on award negotiation, program
planning, and program implementation are included within the Sustainability budget.
Approval of this resolution will result in the:
Acceptance of $10.0 million in grant revenues from the United States Department of Energy
Creation of project PWP003 DOE Equitable Bldg Performance Prog
Addition of 1.0 FTE Conservation Specialist II to the Public Works Department/Sustainability section
and amendment of the authorized position count in the department.
Further, Staff is requesting the proposed budgetary adjustments reflected in the tables below:
Appropriation of $388,453 to the Other Expenses Category of the Public Works section of the Federal
Grants Fund to be offset by grant funds.
OTHER FUNDS
Fund Other
Expenses Revenues Net Cost
Federal Grants Fund (PWP003) $ 388,453 $ (388,453) $ -
TOTAL $ 388,453 $ (388,453) $ -
Appropriation of $50,768 to the Personnel Services Category of the Public Works Department to be
fully revenue offset by grant funds.
GENERAL FUND
Department Personnel
Services Revenues Net Cost
Public Works $ 50,768 $ (50,768) $ -
TOTAL $ 50,768 $ (50,768) $ -
All program costs will be offset by funding from the Department of Energy grant.
ONGOING FISCAL IMPACT
All costs associated with the administration of the associated Department of Energy Grant Agreement and
funded activities are covered by the grant funds, resulting in no net fiscal impact to the General Fund. Ongoing
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funding for this project will be incorporated as part of the annual budget development process in future fiscal
years.
As this Ordinance has long-term requirements that will likely need to be updated in later years and will
continue beyond the nine years of this grant term, staff will pursue additional funding sources for the new
Conservation Specialist II position beyond the grant performance period and if no additional resources can
be secured, the General Fund may need to cover this expense starting in January 2034.
Staff Contact: Coleen Wisniewski, Environmental Sustainability Manager
Angelica Aguilar, Assistant Director of Public Works
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE OF
$10,000,000 IN “INFLATION REDUCTION ACT OF 2022 (IRA):
ASSISTANCE FOR THE ADOPTION OF THE LATEST AND
ZERO BUILDING ENERGY CODES” GRANT FUNDS FROM
THE U.S. DEPARTMENT OF ENERGY; ADDING 1.0 FTE
CONSERVATION SPECIALIST II TO THE PUBLIC WORKS
AUTHORIZED POSITION COUNT; AND APPROPRIATING
FUNDS TO THE FISCAL YEAR 2024-25 BUDGET
WHEREAS, in August 2022, President Biden signed the Inflation Reduction Act into law;
and
WHEREAS, on December 18, 2023, the U.S. Department of Energy (“DOE”) released a
funding opportunity of up to $530 million in technical assistance competitive grants through an
initiative entitled “Assistance for the Adoption of the Latest and Zero Building Energy Codes” to
solicit proposals from eligible jurisdictions, with an April 30, 2024 deadline; and
WHEREAS, the City, as the lead applicant, with its collaborative partners, Mile3 Web
Development, NORESCO, Emerald Cities Collaborative, and Elevate applied for DOE funds by
submitting an application on April 24, 2024; and
WHEREAS, in December 2024, DOE notified the City of its award of $10,000,000 in
funds for a nine-year grant period to implement the “Foundation and Framework for Equitable
Building Performance Program”; and
WHEREAS, this program will assist in the implementation of the City’s Building Energy
Saving Ordinance to achieve goals of the 2017 Climate Action Plan, provide resources to enable
successful compliance from building owners, create a prepared and engaged local workforce, and
reduce greenhouse gas emissions (GHG) in Chula Vista.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it authorizes the acceptance of a $10,000,000 “Inflation Reduction Act (IRA) of 2022:
Assistance for the Adoption of the Latest and Zero Building Energy Codes ” grant from the U.S.
Department of Energy’s State and Community Energy Programs Office.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes and directs the City Manager or Director of Public Works to serve as the “Authorized
Officer” and execute documents necessary to obtain the grant.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
amends the authorized position count for the Public Works Department by adding 1.0 FTE
Conservation Specialist II.
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Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby amends the Fiscal Year 2024-25 budget by appropriating the following:
Summary of Amendments
OTHER FUNDS
Department Other Expenses Revenues Net Impact
Federal Grants Fund (PWP003*) $ 388,453 $ (388,453) $ -
TOTAL $ 388,453 $ (388,453) $ -
* PWP003 “DOE Equitable Bldg Performance Prog”
GENERAL FUND
Department
Personnel
Services Revenue Net Impact
Public Works $ 50,768 $ (50,768) $ -
TOTAL $ 50,768 $ (50,768) $ -
Presented by Approved as to Form by
________________________ __________________________
Matthew Little, PE Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Public Works
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
PROCESS AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AGREEMENTS WITH
NORESCO AND MILE3 WEB DEVELOPMENT TO
IMPLEMENT THE “FOUNDATION AND FRAMEWORK FOR
EQUITABLE BUILDING PERFORMANCE PROGRAM”
WHEREAS, in August 2022, President Biden signed the Inflation Reduction Act into law;
and
WHEREAS, on December 18, 2023, the U.S. Department of Energy (“DOE”) released a
funding opportunity of up to $530 million in technical assistance competitive grants through an
initiative entitled “Assistance for the Adoption of the Latest and Zero Building Energy Codes” to
solicit proposals from eligible jurisdictions, with an April 30, 2024 deadline; and
WHEREAS, the City, as the lead applicant, with its collaborative partners, Mile3 Web
Development, NORESCO, Emerald Cities Collaborative, and Elevate applied for DOE funds by
submitting an application on April 24, 2024; and
WHEREAS, in December 2024, DOE notified the City of its award of $10,000,000 in
funds for a nine-year grant period to implement the “Foundation and Framework for Equitable
Building Performance Program”; and
WHEREAS, this program will assist in the implementation of the City’s Building Energy
Saving Ordinance to achieve goals of the 2017 Climate Action Plan, provide resources to enable
successful compliance from building owners, create a prepared and engaged local workforce, and
reduce greenhouse gas emissions (“GHG”) in Chula Vista; and
WHEREAS, City staff have identified uniquely experienced organizations to assist in the
implementation of this program; and
WHEREAS, Mile3 Web Development has over 20 years of experience in creating
webtools, working with local agencies, optimizing database performance, developing custom
solutions for clients, and web applications and has been collaborating with the City for over five
years; and
WHEREAS, NORESCO has been helping clients for 40 years to adapt to and mitigate the
impacts of climate change by decarbonizing, modernizing, and electrifying aging infrastructure to
be more sustainable, and resilient and they have been collaborating with the City for over three
years; and
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Resolution No.
Page 2
WHEREAS, NORESCO will manage contracts with Elevate and Emerald Cities
Collaborative, groups that will support workforce education and development to ensure there is an
engaged and prepared local workforce to support program implementation; and
WHEREAS, staff, with approval and concurrence of the Purchasing Agent,
recommend that City Council waive the competitive bidding requirements pursuant to Chula Vista
Municipal Code section 2.56.070(B)(3) and enter into contracts with Mile3 Web Development
and NORESCO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it finds that the competitive bidding requirements as applied to this contract are impractical
and the City’s interests would be materially better served by applying a different purchasing
procedure approved by the Purchasing Agent as being consistent with good purchasing practices.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Chula Vista that it: (1) waives the competitive bidding requirements pursuant to Chula Vista
Municipal Code section 2.56.070(B)(3); and (2) authorizes the City Manager or Director of Public
Works to negotiate and execute agreements between the City and Mile3 Web Development and
NORESCO, subject to review and approval by the City Attorney, copies of which shall be kept on
file in the Office of the City Clerk.
Presented by Approved as to Form by
________________________ __________________________
Matthew Little, PE Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Public Works
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$10 MILLION
U.S. DEPARTMENT OF
ENERGY GRANT
Supporting Equitable Building Performance
Programs in Chula Vista
Coleen Wisniewski
Environmental Sustainability Manager
Public Works Department
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HISTORY OF CHULA VISTA CLIMATE WORK
2000 -CO2 Reduction Plan –first in the region
2008 -Climate Mitigation Plan
2011 -Climate Adaptation Plan
2017 -Climate Action Plan (CAP)
2025 -CAP Update
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2017 CLIMATE ACTION PLAN
•Adopted by City Council
•Set a target of retrofitting 20% of multifamily
and commercial space to achieve 50% savings
by 2035
•Calls for “building performance reporting and
public disclosure” policies
•Directed city staff to “develop a Residential and
Commercial Energy Conservation Ordinance
for City Council consideration.”
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BUILDING ENERGY SAVING ORDINANCE
Approved by City Council in early 2021 to support CAP goals
Ordinance number 3498, amends chapter 15.26 of Municipal Code
Implementation began in 2022
Covers approximately 800 buildings
Requirements:
•Owners report energy use annually for multifamily, commercial, industrial
buildings 20,000 square feet and larger
•After 5 years, low performing buildings undergo audit and potential retro -
commissioning
•After 10 years, must meet performance targets with potential retrofits
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PATHWAY TO FEDERAL FUNDING
Fall 2017:
Climate Action
Plan adopted
2018-2020:
Ordinance
developed
Early 2021:
Council adopted
Building Energy
Saving Ordinance
Jan 2022:
Implementation of
ordinance began
Dec 2023:
Notice of Funding
Jan. 2024:
Staff reviewed
needs / strategized
ideas
Q1 2024:
Identified
partners /
developed plan
April 2024:
Submitted
application
package
August 2024:
Selected for
negotiations
Sept –Oct 2024:
Developed SOPO
with DOE
Dec 2024:
Notice of award
2025 –2033:
Implement grant
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WORKPLAN OVERVIEW
•Create a buildings roadmap and equity framework
•No-cost third party data verification
•Incentives for equity priority buildings
•Materials and resources to assist building owners
•Develop local workforce
•Staffing resources to provide technical assistance
$10M over 9 years will cover:
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GOALS OF PROGRAM
•100% Ordinance compliance rate by 2033
•At least 21% energy reduction in 30 years
•20% reduction in greenhouse gas emissions by 2033
•Design workforce development program
•Substantial improvement in Chula Vista building stock
•Leverage the existing Chula Vista Climate Equity Index to
identify equity priority buildings
•Over $2.8M designated to directly support building owners
for data verification, audits and retro-commissioning
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GRANT BUDGET
Organization Program Budget
City of Chula Vista $7,197,219
•City Staff Support $4.3M
•Building Owner Support $2.8M
Mile3 Web Development $243,819
NORESCO $1,230,360
•Elevate $375,000
•Emerald Cities Collaborative $953,602
Total $10,000,000
Page 93 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
GRANT PARTNERS
•Mile3 Web Development –refine and manage building data portal
•NORESCO –create equity framework and existing buildings roadmap;
manage contracts with:
•Elevate –workforce development
•Emerald Cities Collaborative –workforce development
Page 94 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
ACTIONS:
1.Accept and appropriate $10M award from U.S. Department of Energy
2.Add Conservation Specialist II (fully offset by grant funds)
3.Authorize City Manager to execute agreements to implement the grant
4.Waive competitive bid process to award contracts to grant partners
Page 95 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda
Coleen Wisniewski
Environmental Sustainability Manager
Conservation Section
Public Works Department
cwisniewski@chulavistaca.gov
www.chulavistaca.gov/benchmark Page 96 of 96
City of Chula Vista - City Council
January 14, 2025 Post Agenda