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HomeMy WebLinkAbout2025/04/15 Post Agenda Packet Date:Tuesday, April 15, 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 April 15, 2025 Post Agenda Page 2 of 572 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation Proclaiming March as Women's History Month in the City of Chula Vista 4.2 Presentation of a Proclamation Proclaiming April 15th as Arbor Day in the City of Chula Vista 4.3 Fire Hazard Severity Zone Maps: General Information and Update/Rollout Planning 11 5.CONSENT CALENDAR (Items 5.1 through 5.8) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 19 RECOMMENDED ACTION: Approve the minutes dated: April 1, 2025 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 Measure P Citizens Oversight Committee: Adopt an Ordinance to Amend the Municipal Code Related to Measure P Citizens Oversight Committee Terms 27 Report Number: 25-0050 Location: No specific geographic location Department: City Manager/City Clerk 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 an ordinance amending Chula Vista Municipal Code section 2.61.070 related to the terms of the Measure P Citizens Oversight Committee members. (Second reading and adoption) City of Chula Vista - City Council April 15, 2025 Post Agenda Page 3 of 572 5.4 Code Update: Adopt an Ordinance to Amend Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations to Align with State Law 31 Report Number: 25-0082 Location: No specific geographic location Department: Development Services G.C. § 84308 Regulations Apply: Yes Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt an ordinance amending Chula Vista Municipal Code Title 19 (Planning and Zoning) Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units). (Second Reading and Adoption) 5.5 Capital Improvement Project and Appropriation: Establish CIP Project GGV0277 for Chula Vista Village at Otay Phase II Improvements, Appropriate Funds Therefor, and Authorize the City Manager to Execute All Necessary Grant and Project Documents 38 Report Number: 25-0062 Location: 205 27th Street Department: Housing and Homeless Services G.C. § 84308 Regulations Apply: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required. RECOMMENDED ACTION: Adopt a resolution: 1) Amending the fiscal year 2024-25 CIP budget by establishing CIP Project GGV0277—"Shelter Phase II Improvements” to further develop the City’s emergency bridge shelter, Chula Vista Village at Otay and appropriating funds therefor; and 2) Authorizing the City Manager to execute all documents and agreements necessary to accept and implement the grant funds and complete the CIP Project GGV0227 improvements. (4/5 Vote Required) City of Chula Vista - City Council April 15, 2025 Post Agenda Page 4 of 572 5.6 Agreements: Approve Agreements with Hinderliter de Llamas & Associates, and HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services for On-Call Economic Development Consultant Services 43 Report Number: 25-0089 Location: Citywide Department: Economic Development 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: Approve agreements with Hinderliter de Llamas & Associates; HR&A Advisors, Inc.; The Natelson Dale Group, Inc. and Willdan Financial Services for On-Call Economic Development Consultant Services. 5.7 Agreements: Authorize the Purchase of Uniforms, Equipment, and Tailoring Services for the Police, Fire, Park Ranger, and Animal Care Departments from ACE Uniforms LLC 112 Report Number: 25-0023 Location: Police, Fire, Park Ranger, and Animal Care Departments Department: Finance 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 approving an agreement with ACE Uniforms, LLC. authorizing the purchase of uniforms and equipment for the Police, Fire, Park Rangers, and Animal Care departments in an amount not to exceed $400,000 annually through December 2029. City of Chula Vista - City Council April 15, 2025 Post Agenda Page 5 of 572 5.8 Agreements: Approve Amendments to Legal Services Agreements with Best Best & Krieger to Provide On-Call and Public Records Act Related Services 139 Report Number: 25-0104 Location: No specific geographic location Department: City Attorney 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving amendments to two legal services agreements with Best Best & Krieger LLP for on call legal and California Public Records Act related legal services to increase the not-to-exceed amount of both and to extend the on call legal services agreement to February 21, 2026. 6.PUBLIC COMMENTS 148 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.BOARD AND COMMISSION REPORTS 7.1 Artificial Turf: Consider the Sustainability Commission's Recommendation on the Use of Artificial Turf in City-Managed Facilities 177 Report Number: 25-0112 Location: No specific geographic location 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Hear the presentation on the Sustainability Commission's recommendation on the use of artificial turf in City-managed facilities and take action as appropriate. 8.PUBLIC HEARINGS City of Chula Vista - City Council April 15, 2025 Post Agenda Page 6 of 572 8.1 Housing Funds: U.S. Department of Housing and Urban Development Block Grant Programs Recommendations for 2025-2029 Consolidated Plan and Funding for 2025-2026 Annual Action Plan 211 Report Number: 25-0083 Location: Intersection of Naples and Granja. 31 4th Avenue . All other projects are not site specific. Department: Housing and Homeless Services 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Under the National Environmental Policy Act (NEPA,) the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. RECOMMENDED ACTION: Conduct the public hearing and receive community input on the 2025-2029 Consolidated Plan and the Fiscal Year 2025-2026 U.S. Department of Housing and Urban Development Annual Action Plan recommendations for Federal Grant funding, including the Community Development Block Grant, Emergency Solutions Grant, and the HOME Investment Partnerships Act programs. 8.2 Regional Transportation Improvement Program: Amend the Transnet Local Street Improvement Program of Projects for Fiscal Years 2024-25 Through 2028-29 268 Report Number: 25-0036 Location: No specific geographic location Department: Engineering 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: Conduct the public hearing and adopt a resolution approving the proposed amendments to the TransNet Local Street Improvement Program of projects for Fiscal Years 2024-25 through 2028-29. City of Chula Vista - City Council April 15, 2025 Post Agenda Page 7 of 572 8.3 Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549 284 Report Number: 25-0093 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: Conduct the public hearing and adopt a resolution accepting the annual report and renewing Ordinance No. 3549, the Chula Vista Police Department Military Equipment Use Policy. 8.4 City Position Vacancies: Status of City Vacancies and Recruitment and Retention Efforts for 2024 436 Report Number: 25-0092 Location: No specific geographic location Department: Human Resources 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: Hear the presentation on the status of City vacancies and recruitment and retention efforts for 2024, as required by California Government Code Section 3502.3, conduct the public hearing, and provide feedback as appropriate. 9.ACTION ITEMS 9.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. City of Chula Vista - City Council April 15, 2025 Post Agenda Page 8 of 572 9.2 Agreements: Approve a Project Labor Agreement with the San Diego Building and Construction Trades Council, AFL-CIO, and Signatory Craft Councils and Local Unions 472 Report Number: 24-0264 Location: No specific geographic location Department: City Manager G.C. § 84308 Regulations Apply: Yes Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving a Project Labor Agreement with the San Diego Building and Construction Trades Council, AFL-CIO, and the signatory craft councils and local unions signing the agreement, applicable to City capital improvement projects with a cost of $1,000,000 or greater. 10.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 11.CITY MANAGER’S REPORTS 537 12.MAYOR’S REPORTS 13.COUNCILMEMBERS’ REPORTS 14.CITY CLERK'S REPORTS 15.CITY ATTORNEY'S REPORTS 15.1 Council Policy No. 111-02: Discussion Regarding Amendments to the Special Orders of the Day and Proclamations Policy 546 Report Number: 25-0117 Location: No specific geographic location Department: City Attorney G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: No recommended action. Option to adopt a resolution approving amendments to Council Policy No. 111-02 regarding Special Orders of the Day and Proclamations. City of Chula Vista - City Council April 15, 2025 Post Agenda Page 9 of 572 16.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 16.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Lamar Dowling v. Chula Vista Police Department, et al., San Diego Superior Court, Case No. 25CU003024C 17.ADJOURNMENT to the regular City Council meeting on May 6, 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 April 15, 2025 Post Agenda Page 10 of 572 Page 11 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Fire Hazard Severity Zone Maps •Required by Government Code 51178 and 51179 •Identify Levels of Fire Hazard in Local Responsibility Area (LRA) •Three Levels of Hazard: •Moderate •High •Very High Page 12 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 13 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2008 LRA Maps (Past) Page 14 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025 LRA Maps (Present) Page 15 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Fire Hazard Severity Zone Maps Impacts •Building standards for new construction in the Wildland -Urban Interface (California Building Code Chapter 7A) •Property development standards such as road widths, water supply, and signage (Fire Safe Regulations) •Defensible Space Requirements (Government Code 51182) •Natural hazard real estate disclosure (AB38) Page 16 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Chula Vista Requirements & Next Steps… Within 30 Days of Map Release (Mar 24, 2025) •Make Maps and Relevant Information Available to Our Community •CVFD Website Complete •Council District 2 Workshop (April 9, 2025) Complete •Council District 4 Workshop (April 14, 2025) Complete •Council District 3 Workshop (April 16, 2025) Tomorrow •Council District 1 Workshop (May 7, 2025) Next Month •Solicit and Collect Public Comment •Online Form on CVFD Website •Used to Guide Map Changes (More Restrictive) & Ordinance Development Page 17 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Chula Vista Requirements & Next Steps… Within 120 Days of Map Release(Mar 24, 2025) •Bring Ordinance to City Council Adopting Fire Hazard Severity Zone Maps •Government Code 51179 •Transmit New Ordinance to the State Board of Forestry Within 30 Days of Adoption Page 18 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: April 1, 2025, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor 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 5:03 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Mayor McCann. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office Charter Review Commission - Guillermo A. Castillo Health Wellness and Aging Commission - Juan Guerrero City Clerk Bigelow administered the oaths of office. 4.2 Presentation of a Proclamation Proclaiming April as Arab American Heritage Month in the City of Chula Vista The proclamation was presented. 4.3 Presentation of a Proclamation Proclaiming April as Arts, Culture, and Creativity Month in the City of Chula Vista The proclamation was presented. Page 19 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.6) Councilmembers Fernandez and Inzunza stated they would abstain from voting on Item 5.4 due to a potential conflict of interest related to Gov. Code Section 84308. John Acosta, Chula Vista resident, spoke in opposition to item 5.3. Moved by Mayor McCann Seconded by Councilmember Preciado To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, 5.5 and 5.6. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Moved by Mayor McCann Seconded by Councilmember Preciado To approve the recommended action appearing below consent calendar Item 5.4. The heading was read, text waived. The motion was carried by the following vote: Yes (3): Deputy Mayor Chavez, Councilmember Preciado, and Mayor McCann Abstain (2): Councilmember Fernandez, and Councilmember Inzunza Result, Carried (3 to 0) 5.1 Approve Meeting Minutes Approve the minutes dated: March 18, 2025 5.2 Waive Reading of Text of Resolutions and Ordinances 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 Acceptance of the General Plan 2024 Annual Progress Report and Submission to the State of California Accept the 2024 General Plan Annual Progress Report for Calendar Year 2024. 5.4 Gaming Operations: Approve an Updated Operating Agreement with Seven Mile Casino Adopt a resolution approving an updated operating agreement with Seven Mile Casino. Item 5.4 heading: RESOLUTION NO. 2025-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CARD ROOM OPERATING AGREEMENT WITH STONES SOUTH BAY CORPORATION Page 20 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 3 5.5 Measure P Citizens Oversight Committee: Amend the Municipal Code Related to Measure P Citizens Oversight Committee Terms, Ratify the Changes to Member Terms, and Accept the Revised Local Appointments List A) Place an ordinance on first reading amending Chula Vista Municipal Code section 2.61.070 related to the terms of the Measure P Citizens Oversight Committee members; B) Adopt a resolution ratifying changes to seated members’ terms; and C) Adopt a resolution accepting the revised Local Appointments List for board, commission, and committee terms expiring in calendar year 2025. Item 5.5 headings: A) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.61.070 RELATED TO MEASURE P CITIZENS OVERSIGHT COMMITTEE TERMS (FIRST READING) B) RESOLUTION NO. 2025-045 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CHANGES TO SEATED MEASURE P CITIZENS OVERSIGHT COMMITTEE MEMBERS’ TERMS C) RESOLUTION NO. 2025-046 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REVISED 2025 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2025 5.6 Lease Agreement: Approve a Second Amendment to the Lease Agreement with SBCS for City-Owned Property at 430 F Street Concerned Citizen submitted written comments regarding unpermitted RV parking. Adopt a resolution approving a second amendment to the lease agreement between the City of Chula Vista and SBCS for City-owned property at 430 F Street. Item 5.6 heading: RESOLUTION NO. 2025-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE-GROSS BETWEEN THE CITY AND SBCS CORPORATION 5.1 Approve Meeting Minutes Approve the minutes dated: March 18, 2025 5.2 Waive Reading of Text of Resolutions and Ordinances 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 Acceptance of the General Plan 2024 Annual Progress Report and Submission to the State of California Accept the 2024 General Plan Annual Progress Report for Calendar Year 2024. Page 21 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 4 5.4 Gaming Operations: Approve an Updated Operating Agreement with Seven Mile Casino Adopt a resolution approving an updated operating agreement with Seven Mile Casino. Item 5.4 heading: RESOLUTION NO. 2025-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CARD ROOM OPERATING AGREEMENT WITH STONES SOUTH BAY CORPORATION 5.5 Measure P Citizens Oversight Committee: Amend the Municipal Code Related to Measure P Citizens Oversight Committee Terms, Ratify the Changes to Member Terms, and Accept the Revised Local Appointments List A) Place an ordinance on first reading amending Chula Vista Municipal Code section 2.61.070 related to the terms of the Measure P Citizens Oversight Committee members; B) Adopt a resolution ratifying changes to seated members’ terms; and C) Adopt a resolution accepting the revised Local Appointments List for board, commission, and committee terms expiring in calendar year 2025. Item 5.5 headings: A) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.61.070 RELATED TO MEASURE P CITIZENS OVERSIGHT COMMITTEE TERMS (FIRST READING) B) RESOLUTION NO. 2025-045 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CHANGES TO SEATED MEASURE P CITIZENS OVERSIGHT COMMITTEE MEMBERS’ TERMS C) RESOLUTION NO. 2025-046 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REVISED 2025 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2025 5.6 Lease Agreement: Approve a Second Amendment to the Lease Agreement with SBCS for City-Owned Property at 430 F Street Concerned Citizen submitted written comments regarding unpermitted RV parking. Adopt a resolution approving a second amendment to the lease agreement between the City of Chula Vista and SBCS for City-owned property at 430 F Street. Item 5.6 heading: RESOLUTION NO. 2025-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE-GROSS BETWEEN THE CITY AND SBCS CORPORATION 6. PUBLIC COMMENTS George Ibarra representing CSA San Diego County, spoke regarding Fair Housing Month and loss of CDBG funding. Page 22 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 5 John Acosta, Chula Vista resident, spoke regarding conflicts of interest and various other topics. Eric Rosciam spoke in support of the preservation of the Southwestern College art gallery. Jenne Fredrickson, Chula Vista resident, spoke regarding contacting the City and cancelled meetings. Dr. Ryan Fan, representing Majdal: Arab Community Center San Diego, spoke regarding supporting Arab Americans. Emilia Avalos, Chula Vista resident, invited the City Council to the 9th Annual Neighbor Day event. John Volland, Chula Vista resident, regarding matters related to homelessness. 7. PUBLIC HEARINGS 7.1 Code Update - Amend Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations to Align with State Law Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Planner Mallec gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident, spoke regarding conflicts of interest. 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 Preciado To place the ordinance on first reading, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) (FIRST READING) The meeting was recessed at 5:55 p.m. and resumed at 6:12 p.m. Page 23 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 6 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. 8.2 Legislative Platform: Approve the 2025-2026 Legislative Platform Special Projects Manager Relph gave a presentation. Moved by Mayor McCann Seconded by Deputy Mayor Chavez To adopt Resolution No. 2025-048, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Inzunza, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.2 heading: RESOLUTION NO. 2025-048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2025-2026 LEGISLATIVE PLATFORM 9. PUBLIC COMMENTS (CONTINUED) There were none. 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11.1 Consider Adopting a Resolution in Support of Senate Bill 569 (Blakespear), "Department of Transportation: homeless encampments" John Acosta, Chula Vista resident, submitted written comments in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Fernandez To adopt Resolution No. 2025-049 as revised to include direction to staff to collaborate with the City’s Legislative Advocacy team to ensure that the City’s position on the bill was communicated to the State Legislature as a top priority, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Deputy Mayor Chavez, Councilmember Fernandez, Councilmember Preciado, and Mayor McCann Abstain (1): Councilmember Inzunza Result, Carried (4 to 0) Page 24 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 7 Item 11.1 heading: RESOLUTION NO. 2025-049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF SENATE BILL 569 (BLAKESPEAR), "DEPARTMENT OF TRANSPORTATION: HOMELESS ENCAMPMENTS" 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. In response to requests from Councilmembers Fernandez and Preciado, City Manager Kachadoorian stated she would evaluate and report back to the City Council on possible options to support residents who live in the small mobile home community behind the Palomar Inn. Deputy Mayor Chavez reported on her attendance at the recent SANDAG board meeting. 13. CITY CLERK'S REPORTS City Clerk Bigelow announced the upcoming election for the County Supervisor seat and provided information on available voting options. 14. CITY ATTORNEY'S REPORTS 14.1 Report and Discussion Regarding Options to Modify City Council Policy 111- 02 Regarding Special Orders of the Day and Proclamations City Attorney Verdugo gave a presentation. City Council discussion ensued. City Attorney Verdugo received feedback and advised that he would return with potential updates to the policy at a future date. 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 8:14 p.m. The City Council convened in closed session at 8:22 p.m., with all members present. 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Devon Phillps v. Sgt. P. White, et al., United States District Court, Case No. 22cv1343-WQH-WVG Action: No Reportable Action 16. ADJOURNMENT Mayor McCann adjourned the meeting in memory of Patricia Dolan. Page 25 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2025-04-01 City Council Regular Meeting Minutes Page 8 The meeting was adjourned at 8:24 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 26 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 03 P a g e | 1 April 15, 2025 ITEM TITLE Measure P Citizens Oversight Committee: Adopt an Ordinance to Amend the Municipal Code Related to Measure P Citizens Oversight Committee Terms Location: No specific geographic location Department: City Manager/City Clerk 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 an ordinance amending Chula Vista Municipal Code section 2.61.070 related to the terms of the Measure P Citizens Oversight Committee members. (Second Reading and Adoption) Summary This ordinance was placed on first reading on April 1, 2025. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=50107 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 27 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\13364450468\13364450468,,,Ordinance - Revising CVMC on COC Member Terms.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.61.070 RELATED TO MEASURE P CITIZENS OVERSIGHT COMMITTEE TERMS WHEREAS, the Measure P Citizens’ Oversight Committee (COC) was established in 2016 to oversee the 10-year duration of the original transactions and use tax; and WHEREAS, Ordinance No. 3394 was adopted on December 13, 2016, implementing the COC and setting the initial terms for committee members to expire on June 30, 2021, which resulted in all members’ terms expiring in the same year; and WHEREAS, voters approved the extension of Measure P for another 10 years in 2024, requiring the COC to continue its work; and WHEREAS, to prevent an abrupt change from multiple members' terms expiring in the same year, the City Council desires to amend the terms of seated COC members so that terms are staggered over a four-year cycle, in alignment with the staggered term structure of all other Chula Vista boards and commissions, as outlined in Charter Section 602(B). NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.61.070 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.61.070 Terms. A. In General. Terms for COC members shall be determined in accordance with the City Charter and CVMC Chapter 2.25. [Subsection B remains unchanged] Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction Page 28 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Ordinance Page 2 The City Council of the City of Chula Vista intends this Ordin ance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 29 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Chula Vista Municipal Code Chapter 2.61“MEASURE P” CITIZENS’ OVERSIGHT COMMITTEE 2.61.070 Terms. A. In General. Terms for COC members shall be four years, with a maximum tenure of two consecutive four-year termsdetermined in accordance with the City Charter and CVMC Chapter 2.25. The initial COC members shall be appointed by no later than April 1, 2017. Initial terms shall commence upon assumption of office and shall expire on June 30, 2021. [Subsection B remains unchanged] Page 30 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 03 P a g e | 1 April 15, 2025 ITEM TITLE Code Update: Adopt an Ordinance to Amend Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations to Align with State Law Location: No specific geographic location Department: Development Services G.C. § 84308 Regulations Apply: No Environmental Notice: The project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt an ordinance amending Chula Vista Municipal Code Title 19 (Planning and Zoning) Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units). (Second Reading and Adoption) Summary This ordinance was placed on first reading on April 1, 2025. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=50113 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 31 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SECOND READING AND ADOPTION B - 1 ORDINANCE NO. _________ ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) WHEREAS, on January 1, 2025, State of California Senate Bill (SB) 1211 established new standards for Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”); WHEREAS, Chula Vista Municipal Code (“CVMC”) Sections 19.58.022 (ADUs) and 19.58.023 (JADUs) are currently not in compliance with the newly-adopted SB 1211, and are required to be brought into compliance through the amendment process; and WHEREAS, State ADU and JADU law has been changed many times by the California State Legislature on a biannual basis to housing production throughout the state; and WHEREAS, Chula Vista must continually adopt new provisions or revise existing provisions to comply with State Law and avoid potential adverse enforcement action by the State’s Housing and Community Development Department (“HCD”); and WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State Government Code and any applicable State regulations, Chula Vista’s local regulations will remain in perpetual compliance with State Law helping the City to remain competitive in applying for planning and housing-related grants through HCD; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines; and WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance with the proposed repeal of CVMC Sections 19.58.022 and 19.58.023; and WHEREAS, the Planning Commission held a duly noticed public hearing on the subject Ordinance and voted 6-0 to adopt Resolution No. 2025-01 and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Planning Commission Resolution No. 2025-01, and the Staff Report and related materials for this matter, the hearing was held to consider said CVMC amendments and Ordinance at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. Page 32 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SECOND READING AND ADOPTION B - 2 NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC identified in this Ordinance No. ____ qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates and modifications to the CVMC related to State Law compliance and clarification of previously adopted text, regarding ADUs and JADUs. The action of updating and modifying the CVMC with these changes will not result in a material intensification of uses or a change in development potential within the City above what already is permitted under State Law and the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that there is no possibility that the amendments may have a significant effect on the environment. Section I. The CVMC is hereby amended to fully repeal in their entirety, Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units). Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable State and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section V. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Page 33 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SECOND READING AND ADOPTION B - 3 Presented By: Approved as to form by: Robert A. Vacchi Marco A. Verdugo Interim Director of Development Services City Attorney Page 34 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda RESOLUTION NO. 2025-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION REPEALING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) WHEREAS, on January 1, 2025, State of California Senate Bill (SB) 1211 established the latest round of new standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and WHEREAS, Chula Vista Municipal Code (CVMC) Sections 19.58.022 (ADUs) and 19.58.023 (JADUs) are currently not in compliance with the newly-adopted SB 1211, and are required to be brought into compliance through the amendment process; and WHEREAS, State ADU and JADU law has been changed many times by the California State Legislature on a biannual basis to help further streamline and increase unit development throughout the State; and WHEREAS, Chula Vista has to continually adopt new provisions or revise existing provisions to comply with ever-changing State Law and avoid potential adverse enforcement action by the State’s Housing and Community Development Department (HCD); and WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State Government Code and any applicable State regulations, Chula Vista’s local regulations will remain in perpetual compliance with State Law helping the City to remain competitive in applying for planning and housing-related grants through HCD; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines section 15061(b)(3). The action involves updates and modifications to the CVMC related to State Law compliance and clarification of previously adopted text, regarding ADUs and JADUs. The action of updating and modifying the CVMC with these changes will not result in a material intensification of uses or a change in development potential within the City above what already is permitted under State Law and the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that there is no possibility that the amendments may have a significant effect on the environment; and WHEREAS, City staff recommends that the Planning Commission approve the proposed removal of CVMC Sections 19.58.022 and 19.58.023; and Docusign Envelope ID: 38D90A3C-EF94-4BF4-92ED-9137855C36D6 Page 35 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. 2025-01 Page No. 2 WHEREAS, a hearing time and place was set by the Planning Commission to consider the CVMC amendments, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby recommends the City Council of the City of Chula Vista find that the proposed amendments to the CVMC identified in this Resolution qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates and modifications to the CVMC relating to State Law compliance and clarification of previously adopted text. The action of updating and modifying the CVMC with these changes will not result in a material intensification of uses or a change in development potential within the City above what already is permitted under the existing State Law and land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that there is no possibility that the amendments may have a significant effect on the environment. BE IT FURTHER RESOLVED that the City of Chula Vista Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed ordinance repealing CVMC Sections 19.58.022 and 19.58.023, related to State Law compliance and clarification of previously-adopted text, regarding ADUs and JADUs. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council . SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 38D90A3C-EF94-4BF4-92ED-9137855C36D6 Page 36 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda esolution No. 2025-01 Page No. 3 Presented by Approved as to form by Robert A. Vacchi for Marco A. Verdugo Interim Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 26th day of February 2025, by the following vote: AYES: Commissioners: Burroughs, Combs, Felber Leal, Sanfilippo, and De La Rosa NOES: Commissioners: None ABSENT: Commissioners: Torres Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-01 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 26th of February 2025. Executed this 26th day of February 2025. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: 38D90A3C-EF94-4BF4-92ED-9137855C36D6 Page 37 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Capital Improvement Project and Appropriation: Establish CIP Project GGV0277 for Chula Vista Village at Otay Phase II Improvements, Appropriate Funds Therefor, and Authorize the City Manager to Execute All Necessary Grant and Project Documents Report Number: 25-0062 Location: 205 27th Street Department: Housing and Homeless Services G.C. § 84308 Regulations Apply: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3). Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required. Recommended Action Adopt a resolution: 1) Amending the fiscal year 2024-25 CIP budget by establishing CIP Project GGV0277— "Shelter Phase II Improvements” to further develop the City’s emergency bridge shelter, Chula Vista Village at Otay and appropriating funds therefor; and 2) Authorizing the City Manager to execute all documents and agreements necessary to accept and implement the grant funds and complete the CIP Project GGV0227 improvements. (4/5 Vote Required) SUMMARY In June of 2023, construction of Phase I of the City’s emergency bridge shelter, Chula Vista Village at Otay, was completed. Phase I of the Village consisted of the installation of the infrastructure and development of the 65-unit shelter and utilized a portion of funding from the Emergency Shelter Capital Grant funds received from the County of San Diego. This item seeks to establish a new capital improvement project (CIP) and Page 38 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 appropriate remaining funds to Phase II for additional site improvements to support cost and operational efficiencies. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section 15061(b)(3) because the proposed action would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Section 65962.5, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Under NEPA, pursuant to Title 24, Part 58.40, the Environmental Assessment has been prepared, and a Findings of No Significant Impact has been made pursuant to Title 24, Part 58.43(a) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Housing & Homeless Advisory Commission was provided with an update on the Village and this proposed action at their February 24, 2025 meeting. DISCUSSION The number of unsheltered in our region has been consistently rising in the last decade, further accelerated by the COVID-19 pandemic. Since 2016, the City has been addressing the impacts of unhoused in the community through a multifaceted approach inclusive of initiatives, programs, and projects to address the needs of the unsheltered, including the creation of emergency housing opportunities. As a response to the pandemic and the impacts to the community, the U.S. Department of Housing and Urban Development released Coronavirus Aid, Relief, and Economic Security Act grant funds to entitlement communities. These funds supplemented the Community Development Block Grant and Emergency Solutions grant funds received on an annual basis. The purpose of these funds was to prepare and respond to the impacts generated by the COVID-19 pandemic, particularly those most impacted, the unsheltered. In May of 2022 the City broke ground on the Chula Vista Village at Otay (the “Village”), the first homeless bridge shelter in the City, with use of these funds. Phase I consisted of the design and development of a 65- unit shelter at 205 27th Street. The project consisted of the purchase and installation of individual sleeping cabins, common and case management areas, bathrooms, showers, and laundry facility. The Village opened its doors on May 15, 2023, and has successfully served over 80 unsheltered individuals with case management, employment reentry and permanent housing placement. The goal is to continue to build on the success of the shelter and to expand on its amenities, services and efficiency. In December of 2022, the City successfully applied for and was awarded $2,000,000 in Emergency Shelter Capital Grant (ESC) funds from the County of San Diego (the “County”) to complete Phase I improvements of Page 39 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 the Village development and provide enhancements through a Phase II if any funds wer remaining. The grant funds were designed to complete capital and infrastructure improvements to emergency housing. On January 24, 2023, the City Council approved and appropriated $1,845,300 for this project under GGV0254 via Resolution No. 2023-005. An additional $154,700 was approved and appropriated on August 8, 2023, via Resolution No. 2023-119 also under project GGV0254. While the additional funds were formally accepted, final execution of the amendment grant agreement was not completed. The previous project, GGV0254, has been completed, with a remaining County ESC grant funding of $667,340. Additionally, $154,700 from the County ESC grant funding has been redistributed. This item seeks to amend the fiscal year 2024-25 CIP budget establishing CIP GGV0277, and appropriating remaining and redistributed County grant funds for Phase II identification, in a total amount of $822,040. This action will also authorize the City Manager to execute all documents necessary to implement the grant acceptance and implementation, as well as all agreements necessary to complete the “Shelter Phase II Improvements.” The Village’s Phase II prioritizes operational efficiencies and enhancing service quality. Key improvements have been prioritized to include: - Solar Panel purchase and installation - Upgrade automatic gate motor - Expansion of the community room - Purchase and installation of two (2) new bathroom structures each containing two (2) full baths DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property, which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the City's General Fund as all costs associated with the Village Phase II development will be covered by the County of San Diego Emergency Shelter Capital grant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the Shelter Phase II development are covered by the respective grant. Any associated maintenance costs will be included in future year’s annual budget development process which may be offset by energy cost savings. ATTACHMENTS None. Staff Contact: Carlos Rodriguez, Management Analyst II, Housing and Homeless Services Department Angelica Davis, Homeless Solutions Manager, Housing and Homeless Services Department Page 40 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET TO ESTABLISH A NEW CIP PROJECT, GGV0277 “SHELTER PHASE II IMPROVEMENTS”, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS WHEREAS, the number of unsheltered in our region has been consistently rising in the last decade, further accelerated by the COVID-19 pandemic; and WHEREAS, the City finds that the number of homeless is significant, and these persons are without the ability to obtain shelter and at risk of injury and harm due to exposure to the elements and other health, safety and welfare-related circumstances and consequences associated with living outside; and WHEREAS, the City has been addressing the impacts of unhoused in the community through a multi-faceted approach inclusive of initiatives, programs, and projects to address the needs of the unsheltered, including the creation of emergency housing opportunities; and WHEREAS, in 2023, the City utilized funding from the U.S. Department of Housing and Urban Development to develop Phase I of the Chula Vista Village at Otay (the “Village”), the City’s emergency bridge shelter; and WHEREAS, the City applied and received $2,000,000 in funding from the County of San Diego Emergency Shelter Capital Grant (“ESC”) program to complete Phase I and make further improvements via a Phase II of the Village which $1,845,300 was approved on January 24, 2023 via Resolution No. 2023-005 and $154,700 on August 8, 2023 via Resolution No. 2023-119; and WHEREAS, although the City Council accepted grant funds in the amount of $154,700 on August 8, 2023 via Resolution No. 2023-119, final execution of the grant agreement was not completed; and WHEREAS, the County of San Diego ESC program has redistributed the $154,700 in grant funds for further improvements to the Village via a Phase II; and WHEREAS, upon completion of the Phase I improvements a balance of $667,340 of ESC funds remains and is now being allocated for Phase II improvements along with the redistributed funds for a total of $822,040. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendment of the fiscal year 2024-25 Capital Improvement Project (CIP) Program Budget to establish a new CIP project, GGV0277, “Shelter Phase II Improvements.” Page 41 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it amends the fiscal year 2024-25 CIP Budget to appropriate $667,340 in available Grants Other Fund’s fund balance and $154,700 in redistributed ESC funds to CIP project (GGV0277). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager to execute, in consultation with and subject to the approval of the City Attorney, all documents and agreements necessary to accept and implement the grant funds and complete the CIP Project GGV0277 improvements. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 42 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 05 P a g e | 1 April 15, 2025 ITEM TITLE Agreements: Approve Agreements with Hinderliter de Llamas & Associates, and HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services for On-Call Economic Development Consultant Services Report Number: 25-0089 Location: Citywide Department: Economic Development 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 Approve agreements with Hinderliter de Llamas & Associates; HR&A Advisors, Inc.; The Natelson Dale Group, Inc. and Willdan Financial Services for On-Call Economic Development Consultant Services. SUMMARY In August 2024, the City released a competitive solicitation through the Request for Proposals (RFP) process to identify partners to assist the City in developing an Economic Development Strategic Plan, as well as to provide on-call economic development services to support staff in conducting economic development work. On February 4, 2025, the City Council approved an agreement with HR&A Advisors, Inc. to conduct the economic development strategic plan work. This item seeks City Council approval for the addition of on-call economic development consultants to support specific initiatives, such as Bayfront support work and outdoor dining programs. Staff recommends the approval of agreements with Hinderliter de Llamas & Associates, HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services to provide on-call economic development consultant services. Page 43 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In August 2024, the City released a competitive solicitation through the Request for Proposals (RFP) process to identify partners to assist the City in developing an Economic Development Strategic Plan, as well as to provide on-call economic development services to support staff in conducting economic development work. As a result of the solicitation, the City received nine (9) proposals, eight (8) of which were to assist the City in creating an Economic Development Strategic Plan and provide on-call services, and one (1) which was to solely support the City with Economic Development on-call services. On February 4, 2025, the City Council approved an agreement with HR&A Advisors, Inc. to lead the development of the economic development strategic plan. This agenda item seeks City Council approval for the addition of on-call economic development consultants to support specific initiatives, such as Bayfront support work and outdoor dining programs. A selection committee, consisting of staff from the City Manager’s Office, the Office of Economic Development, and the Development Services Department, reviewed the proposals for on-call economic development services. The committee was supported by the Finance Department (Purchasing & Contracting). After evaluating the proposals based on specific qualifications for on-call economic development work, the committee ranked the proposals and determined that Hinderliter de Llamas & Associates, HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services were the most qualified to provide these services. This conclusion was based on the firms' personnel composition, range of capabilities, and direct relevant experience of each firm. Staff recommends the approval of agreements with Hinderliter de Llamas & Associates, HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services to provide on-call economic development consultant services. Additional economic consultant services the City expects to receive from these on-call consultants include the following: 1. Economic, market and financial analysis of real estate transactions. 2. Small business support programs. 3. Targeted business expansion, attraction and retention efforts including leakage analysis. 4. Workforce development and talent attraction initiatives. 5. Development regulation analysis and modification including permit streamlining 6. Outdoor dining programs, including curb and sidewalk cafés. Page 44 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 7. Hospitality/tourism marketing and support for tourism industry development Each of the agreements with Hinderliter de Llamas & Associates, HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Willdan Financial Services to provide on-call economic development consultant services is proposed for a three-year term with a not-to-exceed amount of $500,000. Each agreement is proposed to allow for two (2) additional one (1) year extensions with a not-to-exceed amount of $166,000 for each additional one (1) year term with each consultant. Each contract has a not-to-exceed amount of $832,000, assuming all optional extensions are exercised. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of approving this item. The funding for On-Call Economic Development Consultant Services is included in the fiscal year 2024-25 budget. Approximately $128,000 has been earmarked for these expenditures. Any remaining funds not used in the current fiscal year will be carried forward to fiscal year 2025-26. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this approval. Any costs related to the execution of these agreements will be covered by funds carried forward from the 2024-25 fiscal year or will be incorporated into the budget process for subsequent years. ATTACHMENTS 1. Agreement with Hinderliter de Llamas & Associates 2. Agreement with HR&A Advisors, Inc. 3. The Natelson Dale Group, Inc. 4. Agreement with Willdan Financial Services Staff Contact: Kevin Pointer, Principal Economic Development Specialist Tiffany Allen, Assistant City Manager Page 45 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Form Rev 2/18/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ON-CALL ECONOMIC DEVELOPMENT PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY AND HINDERLITER DE LLAMAS & ASSOCIATES; HR&A ADVISORS, INC.; THE NATELSON DALE GROUP, INC.; AND WILLDAN FINANCIAL SERVICES WHEREAS, in August 2024, the City of Chula Vista released a competitive solicitation through a Request for Proposals (RFP) process to identify partners qualified to assist the City in developing an Economic Development Strategic Plan and to provide for on-call economic development services to support staff in conducting economic development work; and WHEREAS, the City received nine proposals for consultants to provide on-call economic development consultant services in response to the RFP; and WHEREAS, staff reviewed the responsive proposals and selected four consultant firms for award of an agreement; and WHEREAS, the selection committee reviewed each proposal based on specific qualifications required for on-call economic development work; and WHEREAS, the selection committee ranked the proposals and determined that Hinderliter de Llamas & Associates, HR&A Advisors, Inc., The Natelson Dale Group, Inc., and Wil ldan Financial Services best met the requirements and had the best qualifications for providing on-call economic development services; and WHEREAS, the selection committee recommended that the City award Hinderliter de Llamas & Associates an agreement to provide on-call economic development services; and WHEREAS, the selection committee recommended that the City award HR&A Advisors, Inc. an agreement to provide on-call economic development services; and WHEREAS, the selection committee recommended that the City award The Natelson Dale Group, Inc. an agreement to provide on-call economic development services; and WHEREAS, the selection committee recommended that the City award Willdan Financial Services an agreement to provide on-call economic development services; and WHEREAS, the four respective proposed agreements each have an initial term of three years and a not-to-exceed amount of $500,000 for each consultant; and WHEREAS, the four respective proposed agreements each have options to extend for two additional one-year periods, with an increase to the not-to-exceed amount of $166,000 for each Page 46 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 additional extension period, for an entire contract term of up to five years and a total not-to-exceed amount of up to $832,000; and WHEREAS, staff recommends that the City Council adopt a resolution approving the four on-call economic development consultant services agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the four on-call economic development professional services agreements, between the City and Hinderliter de Llamas & Associates; HR&A Advisors, Inc.; The Natelson Dale Group Inc.; and Willdan Financial 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 or City Manager to execute same. Presented by Approved as to Form by Tiffany Allen Marco A. Verdugo Assistant City Manager City Attorney Page 47 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HINDERLITER DE LLAMAS & ASSOCIATES TO PROVIDE ON-CALL ECONOMIC DEVELOPMENT CONSULTANT SERVICES This Agreement is entered into effective as of April 15, 2025(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Hinderliter De Llamas & Associates, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires outside professional consulting services to assist in providing on-call economic development work; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 and received a proposal from Consultant for on-call economic development consultant services work; 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.] Page 48 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 Page 49 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 Page 50 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 Page 51 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 “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 Page 52 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 $500 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 Page 53 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 a nd 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. Page 54 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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. Page 55 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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.) Page 56 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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. HINDERLITER DE LLAMAS & ASSOCIATES CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ ANDREW NICKERSON MARIA V. KACHADOORIAN President/CEO, Hinderliter de Llamas & Associates CITY MANAGER APPROVED AS TO FORM BY: _______________________________ MARCO A. VERDUGO CITY ATTORNEY Page 57 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS I 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Kevin Pointer, Principal Economic Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 619-691-5248 kpointer@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: HINDERLITER DE LLAMAS & ASSOCIATES 120 State College Drive, Suite 200 Brea, CA 92821 (714) 829-5000 bfoster@hdlcompanies.com For Legal Notice Copy to: Barry Foster, Principal/Managing Director 120 S. State College Blvd., Suite 200 Brea, CA 92821 (951) 233-0414 bfoster@hdlcompanies.com 2. Required Services A. General Description: Consultant shall provide on-call economic development professional consultant services as requested by the City. B. Detailed Description: When requested by the City, Consultant shall provide professional economic development consultant services; including: a. Economic, market and financial analysis of real estate transactions. b. Small business support programs. c. Targeted business expansion, attraction and retention efforts including leakage analysis. d. Workforce development and talent attraction initiatives. e. Development regulation analysis and modification including permit streamlining. Page 58 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 f. Outdoor dining programs, including curb and sidewalk cafés. g. Hospitality/tourism marketing and support for tourism industry development. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 15, 2025 and end on April 14, 2028 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principal/Managing Director: $250/hour • Senior Advisor: $190/hour • Analyst: $110/hour B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through April 14, 2028 shall not exceed $500,000. 5. Special Provisions: ☐ Permitted Sub-Consultants: ☐ Security for Performance: None ☒ Notwithstanding the expiration date set forth in Section 3 above, City has option to extend this Agreement for two additional one-year periods (April 15, 2028 through April 14, 2029 and April 15, 2029 through April 14, 2030). 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 $166,000 for each extension period. 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. Page 59 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 60 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their 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: Kevin Pointer, Principal Economic Development Specialist 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 61 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 City of Chula Vista Agreement No.: 2025-049 Consultant Name: Hinderliter De Llamas & Associates Rev. 3/3/2025 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 $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☐ 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 $500 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 $500 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): 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 62 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HR&A ADVISORS, INC. TO PROVIDE ON-CALL ECONOMIC DEVELOPMENT CONSULTANT SERVICES This Agreement is entered into effective as of April 15, 2025(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and HR&A Advisors, Inc., a New York Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires outside professional consulting services to assist in providing on-call economic development work; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 and received a proposal from Consultant for on-call economic development consultant services work; 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.] Page 63 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 Page 64 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 Page 65 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 Page 66 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 “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 Page 67 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 $500 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 Page 68 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 a nd 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. Page 69 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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. For clarity and the avoidance of doubt, and notwithstanding anything in this Agreement to the contrary, the ownership referenced in the immediately preceding paragraph pertains solely to Consultant's Work Product and not to the underlying models, software, know-how, methodologies and technologies that Consultant utilizes in the performance of its services. Such models, software, know-how, methodologies and technologies (collectively "Consultant Property"), including but not limited to any improvements and modifications made to Consultant Property in the performance of the Services, shall be and remain the sole and exclusive property of the Consultant. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. Page 70 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees 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.) Page 71 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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. HR&A ADVISORS, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ DESMOND HUNTE MARIA V. KACHADOORIAN Chief Finance and Operations Officer CITY MANAGER APPROVED AS TO FORM BY: _______________________________ MARCO A. VERDUGO CITY ATTORNEY Page 72 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS I 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Kevin Pointer, Principal Economic Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 619-691-5248 kpointer@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: HR&A ADVISORS, INC. Judith Taylor, Partner 310-882-0356 jtaylor@hradvisors.com For Legal Notice Copy to: Judith Taylor, Partner 700 S. Flower St, Suite 2995 Los Angeles, CA 90017 310-882-0356 jtaylor@hraadvisors.com 2. Required Services A. General Description: Consultant shall provide on-call economic development professional consultant services as requested by the City. B. Detailed Description: When requested by the City, Consultant shall provide professional economic development consultant services; including: a. Economic, market and financial analysis of real estate transactions. b. Targeted business expansion, attraction and retention efforts including leakage analysis. c. Workforce development and talent attraction initiatives. d. Development regulation analysis and modification including permit streamlining. e. Hospitality/tourism marketing and support for tourism industry development. Page 73 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 15, 2025 and end on April 14, 2028 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: These rates are subject to annual adjustments but are guaranteed through December 31, 2024. Litigation-related services, such as affidavits, depositions, and trial testimony are charged at time and one-half. B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through April 14, 2028 shall not exceed $500,000. 5. Special Provisions: ☐ Permitted Sub-Consultants: ☐ Security for Performance: None Page 74 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 ☒ Notwithstanding the expiration date set forth in Section 3 above, City has option to extend this Agreement for two additional one-year periods (April 15, 2028 through April 14, 2029 and April 15, 2029 through April 14, 2030). 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 t he same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to $166,000 for each extension period. 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. Page 75 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 76 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 S tatement 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 will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their 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: Kevin Pointer, Principal Economic Development Specialist 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 77 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 City of Chula Vista Agreement No.: 2025-0046 Consultant Name: HR&A Advisors, Inc. Rev. 3/3/2025 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 $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☐ 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 $500 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 $500 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): 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 78 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH THE NATELESON DALE GROUP, INC. TO PROVIDE ON-CALL ECONOMIC DEVELOPMENT CONSULTANT SERVICES This Agreement is entered into effective as of April 15, 2025(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and The Natelson Dale Group, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires outside professional consulting services to assist in providing on-call economic development work; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 and received a proposal from Consultant for on-call economic development consultant services work; 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.] Page 79 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 Additio nal 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 Page 80 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 Page 81 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 Page 82 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 “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 Page 83 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 $500 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 Page 84 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 a nd 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. Page 85 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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. Page 86 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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.) Page 87 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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. THE NATELSON DALE GROUP, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ ROGER DALE MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: _______________________________ MARCO A. VERDUGO CITY ATTORNEY Page 88 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS I 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Kevin Pointer, Principal Economic Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 619-691-5248 kpointer@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: THE NATELSON DALE GROUP, INC. P.O. Box 489 Yorba Linda, CA 92885 714-692-9596 dale@natelsondale.com For Legal Notice Copy to: Roger Dale, President P.O. Box 489 Yorba Linda, CA 92885 714-692-9596 dale@natelsondale.com 2. Required Services A. General Description: Consultant shall provide on-call economic development professional consultant services as requested by the City. B. Detailed Description: When requested by the City, Consultant shall provide professional economic development consultant services; including: a. Economic, market and financial analysis of real estate transactions. b. Small business support programs. c. Targeted business expansion, attraction and retention efforts including leakage analysis. d. Workforce development and talent attraction initiatives. e. Development regulation analysis and modification including permit streamlining. Page 89 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 f. Outdoor dining programs, including curb and sidewalk cafés. g. Hospitality/tourism marketing and support for tourism industry development. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 15, 2025 and end on April 14, 2028 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Principals - $265 per hour Senior Associates - $210 per hour Research Associate - $140 per hour B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through April 14, 2028 shall not exceed $500,000. 5. Special Provisions: ☒ Permitted Sub-Consultants: Economic Growth Strategies, LLC ☐ Security for Performance: None ☒ Notwithstanding the expiration date set forth in Section 3 above, City has option to extend this Agreement for two additional one-year periods (April 15, 2028 through April 14, 2029 and April 15, 2029 through April 14, 2030) . 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 $166,000 for each extension period. 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. Page 90 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 91 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their 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: Kevin Pointer, Principal Economic Development Specialist 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 92 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 City of Chula Vista Agreement No.: 2025-0048 Consultant Name: The Natelson Dale Group, Inc. Rev. 3/3/2025 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 $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☐ 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 $500 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 $500 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): 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 93 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES TO PROVIDE ON-CALL ECONOMIC DEVELOPMENT CONSULTANT SERVICES This Agreement is entered into effective as of April 15, 2025(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Willdan Financial Services, a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires outside professional consulting services to assist in providing on-call economic development work; and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 and received a proposal from Consultant for on-call economic development consultant services work; 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.] Page 94 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 Page 95 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 Page 96 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 Page 97 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 “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 Page 98 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 $500 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 Page 99 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 a nd 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. Page 100 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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. Page 101 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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.) Page 102 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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. WILLDAN FINANCIAL SERVICES CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CHRIS FISHER MARIA V. KACHADOORIAN Vice President/Director CITY MANAGER APPROVED AS TO FORM BY: _______________________________ MARCO A. VERDUGO CITY ATTORNEY Page 103 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS I 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Kevin Pointer, Principal Economic Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 619-691-5248 kpointer@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: WILLDAN FINANCIAL SERVICES Molly McKay, Managing Principal 27368 Via Industria, Ste. 200 Temecula, CA 92590 800-755-6864 MMcKay@Willdan.com For Legal Notice Copy to: Chris Fisher, Vice President/Director 27368 Via Industria, Suite 200 Temecula, CA 92590 951-587-3500 CFisher@Willdan.com 2. Required Services A. General Description: Consultant shall provide on-call economic development professional consultant services as requested by the City. B. Detailed Description: When requested by the City, Consultant shall provide professional economic development consultant services; including: a. Economic, market and financial analysis of real estate transactions. b. Small business support programs. c. Targeted business expansion, attraction and retention efforts including leakage analysis. d. Workforce development and talent attraction initiatives. Page 104 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 e. Development regulation analysis and modification including permit streamlining. f. Outdoor dining programs, including curb and sidewalk cafés. g. Hospitality/tourism marketing and support for tourism industry development. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 15, 2025 and end on April 14, 2028 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through April 14, 2028 shall not exceed $500,000. Page 105 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 5. Special Provisions: ☒ Permitted Sub-Consultants: The Metts Group; LandDesign ☐ Security for Performance: None ☒ Notwithstanding the expiration date set forth in Section 3 above, City has option to extend this Agreement for two additional one-year periods (April 15, 2028 through April 14, 2029 and April 15, 2029 through April 14, 2030). 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 $166,000 for each extension period. 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. Page 106 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 107 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their 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: Kevin Pointer, Principal Economic Development Specialist 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 p articipates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 108 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 City of Chula Vista Agreement No.: 2025-0047 Consultant Name: Willdan Financial Services Rev. 3/3/2025 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 $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or m ore agencies. ☐ 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 $500 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 $500 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): 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 109 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Joseph A Raso CHULA VISTA, CA 91910 Telephone Honorable Mayor & City Council,April 15, 2025 Good Evening. I come before you tonight with message of immediate and critical urgency. The actions of this City Council have placed the merchants of Downtown Chula Vista - not in a precarious position - but in a crisis. The forced removal of sidewalk dining has delivered a devastating blow to our downtown’s economic vitality. If corrective action is not taken swiftly, we risk the total unraveling of a district we have spent years building. My family has operated La Bella Pizza Garden in Downtown Chula Vista since 1955. For 70 years, we’ve employed thousands, served millions, and worked tirelessly to transform Downtown into a cultural and commercial centerpiece of Chula Vista. At present La Bella supports 90 employees and brings nearly one million visitors downtown annually. As a board member of the former ‘Third Avenue Village Association,” I advocated for the hiring of New City America - professionals with a proven track record, including the continued revitalization of San Diego’s Gaslamp quarter. We believed our time had nal come. With the near completion of the Gaylord Project the path to a vibrant downtown seemed clear. But that vision has been derailed by your continued resistance to a proven, popular, and economically vital element: outdoor dining. Chula Vista enjoys one of the best climates in America. Outdoor dining was not just a trend - it was the catalyst that made our downtown experience vibrant and inviting. In fact, Gaylord itself recently reached out requesting promotional material to high light our downtown - yet we Page of1 2 Written Communications - Item 5.6 Raso - Received 4/14/2025 Page 110 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda have very little left to promote. The abrupt removal of sidewalk dining has stripped Downtown of its charm and energy. Your inaction is costing us dearly. We demand that this Council immediately extract item six from page two of the Staff Report and take separate, expedited action to restore outdoor dining. We further call on the council to adopt Mayor John McCann’s proposed outdoor dining policy, modeled after San Diego’s highly successful outdoor dining ordinance. Time is of the essence - summer is fast approaching, and everyday of delay pushes more merchants towards insolvency. To offset lost revenue from parking, downtown businesses have already agreed to an increase in parking rates. We have shown good faith. What we have received is poor judgement - rst forcing us to dismantle outdoor setups in August 2024, while dangling the promise of November ordinance that never materialized. Those actions were not only shortsighted - they were damaging and disingenuous. Many believe that the ordinance was never intended to materialize. This is not a single misstep - it is a culmination of years of obstruction. We have lost too many valued merchants already. Without your cooperation, the “Downtown Chula Vista Association” cannot fulll it’s mission. Your resistance has rendered progress impossible. I say this with great reluctance. If this Council continues to block meaningful revitalization efforts, I will recommend the “Downtown Chula Vista Association” be dissolved during the negotiation of our City Wide Enabling Ordinance”. Our Merchants cannot continue to invest their hard earned prots in a vision unsupported by City leadership. Without urgent afrmative action, Downtown Chula Vista will slide into irreparable decline - and it will be this council’s legacy. Thank you, Joseph A. Raso Page of2 2 Written Communications - Item 5.6 Raso - Received 4/14/2025 Page 111 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Agreements: Authorize the Purchase of Uniforms, Equipment, and Tailoring Services for the Police, Fire, Park Ranger, and Animal Care Departments from ACE Uniforms LLC Report Number: 25-0023 Location: Police, Fire, Park Ranger, and Animal Care Departments Department: Finance 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 Authorize the purchase of uniforms and equipment for the Police, Fire, Park Rangers, and Animal Care departments from ACE Uniforms, LLC in an amount not to exceed $400,000 annually through December 2029. City staff recommends the approval of the agreement with ACE Uniforms LLC. SUMMARY On September 19, 2024, the City posted a Request For Bid (RFB #B02-2025) for the uniform and equipment needs of the Police, Fire, Park Ranger, and Animal Care Departments. Through the City’s online bid platform, PlanetBids, one hundred and twenty-five (125) vendors were notified of the bid, of which nineteen (19) downloaded the bid and two (2) provided submittals, Ace Uniforms LLC and CivicBridges. Based on the bids received and the evaluation of the submittals, City staff recommend the award be made to Ace Uniforms. Beginning with a retail store in San Diego in 1958, Ace Uniforms has become a leader in the safety uniform industry. Ace has been providing the City of Chula Vista with safety uniforms and alteration services for over 15 years. Ace Uniform operates a store within 12 minutes of the City of Chula Vista which adds a factor of convenience for staff. City staff recommend the award be made to Ace Uniforms LLC. 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 Page 112 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION Ace Uniforms has been providing the City of Chula Vista with uniform pants, uniform shirts, bulletproof vests, boots, duty belt gear, and uniform alteration services for over 15 years. The Police, Fire, Park Ranger, and Animal Care Departments each use Ace Uniforms for their respective uniform needs. In accordance with Chula Vista Municipal Code (“CVMC”) section 2.56.070, Contracts for supplies, equipment, or services exceeding $100,000 shall be awarded to the lowest responsive and responsible bidder. On September 19, 2024, the City posted a solicitation for the uniform and equipment needs of the Police, Fire, Park Ranger and Animal Care Departments. Through the City’s online bid platform, PlanetBids, one hundred and twenty-five (125) vendors were notified of the bid, of which nineteen (19) downloaded the bid and two (2) provided submittals. A vital requirement of this RFB was that the successful bidder must be able to provide the City with a storefront facility that has dedicated inventory, on-demand, & in-person tailoring solutions. The nature of a Safety personnel’s job requires them to have the ability to walk into a storefront, be fitted and receive an expertly tailored uniform within the same day. This capability ensures minimal disruptions to work schedules and ensures personnel’s presence on the streets where they are most needed. Based on the bids received and the evaluation of the submittals, City staff recommend the award be made to Ace Uniforms LLC. Ace has been a trusted supplier of City Uniforms over the past 15 years. City staff estimate that the cumulative annual cost for these supplies, equipment and services will not exceed $400,000 per fiscal year. Adoption of the proposed resolution will approve a contract with Ace Uniforms LLC to provide uniforms, equipment, and tailoring services for the Police, Fire, Park Ranger, and Animal Care Departments on an as needed basis. The initial agreement term is through December 31, 2025, with four additional one year options to extend the agreement through December 31, 2029, for a total not to exceed contract amount of $1,883,300 if all extensions are exercised. 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.). Page 113 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT Approval of this resolution will not result in additional fiscal impact to the General Fund as funds are already included in the fiscal year 2024-25 budget. ONGOING FISCAL IMPACT City staff estimate that the cumulative annual cost for these supplies, equipment, and services will not exceed $400,000 per fiscal year. These expenses will be considered as part of the annual budget development process in future years. ATTACHMENTS 1. Ace Uniforms LLC Agreement Staff Contact: Sarah Schoen, Director of Finance/Treasurer Victor De La Cruz, Procurement Services Analyst Page 114 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Form Rev 2/18/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND ACE UNIFORMS LLC TO PROVIDE UNIFORMS, EQUIPMENT, AND TAILORING SERVICES WHEREAS, The City of Chula Vista requires certain department staff to wear uniforms, including but not limited to pants, shirts, boots, and other gear that includes the need for alteration services; and WHEREAS, in order to ensure that the City continues to retain contracts that provide the best value for the taxpayers, the City solicited bids from vendors for the supply and alteration of these uniform needs; and WHEREAS, City staff solicited bids through the City’s online platform, PlanetBids; and WHEREAS, one hundred and twenty-five (125) vendors were notified of the bid, nineteen (19) downloaded the bid and two (2) submitted bids; and WHEREAS, based on the bids received, City staff from Police, Fire, Park Rangers, Animal Care, and Finance who evaluated the bids are recommending that Ace Uniforms LLC be awarded a contract, with options to extend the contract through December 31, 2029, to provide the City’s uniform and alteration needs; and WHEREAS, City staff estimates that the cumulative annual cost for these uniforms and services will not exceed $400,000 per fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement, between the City and Ace Uniforms, LLC, 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, City Manager, or Director of Finance to execute same. Presented by Approved as to form by ___________________________ ___________________________ Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney Page 115 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ACE UNIFORMS, LLC TO PROVIDE UNIFORMS, EQUIPMENT AND TAILORING SERVICES FOR THE POLICE, FIRE, PARK RANGER AND ANIMAL CARE DEPARTMENTS This Agreement is entered into effective as of April 15, 2025 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and ACE UNIFORMS, LLC, A California Limited Liability Company) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista is a full-service charter city providing a range of services including police, fire, animal care, library, public works, parks and recreation, development services, economic development, and housing and homeless services; and WHEREAS, the City of Chula Vista strives to preserve its fiscal health by utilizing continuous improvement tools and best practices, ensuring strong and secure neighborhoods though maximizing police and fire services, increasing local land use control through policy, planning, infrastructure and services that are fundamental to an economically strong city, and supporting an environment that fosters health and wellness for our residents; and WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.080 for contracts exceeding $100,000; received two (2) proposals, and selected Contractor/Service Provider as the most qualified amongst those submitting; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 116 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider 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 Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider 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 Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider 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 Contractor/Service Provider 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 Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider 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, Contractor/Service Provider 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, Contractor/Service Provider shall obtain a business license from City. Page 117 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider 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 Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’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 Contractor/Service Provider’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 Contractor/Service Provider 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. Contractor/Service Provider 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. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider 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 Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City Page 118 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider 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 Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider 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 Agreem ent 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. Contractor/Service Provider must include all sub-Contractor/Service Providers/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-Contractor/Service Providers 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 Contractor/Service Provider’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.” Contractor/Service Provider’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 Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. Page 119 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider 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, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider 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 Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. Page 120 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’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, Contractor/Service Provider 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. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’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 Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers 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, Contractor/Service Page 121 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 Provider 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 Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, 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. Contractor/Service Provider 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 Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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 Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider 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 Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Contractor/Service Provider 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 Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider 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, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’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. Page 122 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider 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. Contractor/Service Provider 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, Contractor/Service Provider 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 Vis ta Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider 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. Contractor/Service Provider hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider 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 Contractor/Service Provider 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 Contractor/Service Provider, 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, Contractor/Service Provider 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. Page 123 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider 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 Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider 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-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. Page 124 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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.) Page 125 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider 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. ACE UNIFORMS, LLC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Frank Flores JOHN MCCANN Director of Sales MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 126 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: M. Angelica Arellano 276 Fourth Avenue, Chula Vista, CA 91910 (619) 409-5442 marellano@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. Contractor/Service Provider Contract Administration: ACE UNIFORMS, LLC 633 16th Street, San Diego, CA 92101 (619) 233-0227 X 346 frank@aceuniforms.com / sales@aceuniforms.com For Legal Notice Copy to: Rory Staiger 633 16th St, San Diego, CA 92101 (773) 577-6975 rory@aceuniforms.com 2. Required Services A. General Description: Provide uniforms, equipment and tailoring services for the Police, Fire, Park Ranger and Animal Care Departments. B. Detailed Description: On an as-needed basis as requested by City, Contractor/Services Provider shall provide uniforms, hats, and other work apparel items and/or division identification items affixed by way of patch, embroidery, or screen print, as further described in Exhibit E, attached hereto and incorporated herein. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 15, 2025 and end on December 31, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation Page 127 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 ☒ Fixed Fees. In consideration for the purchase of products and the performance of all Required Services by the Contractor/Service Provider, as specified in Exhibit E attached hereto and incorporated herein, the City shall remit payment to the Contractor/Service Provider upon the City’s determination that the Required Services have been satisfactorily completed. The pricing set forth in Exhibit E shall remain valid and binding through December 31, 2025. Upon the expiration of this period, the City and the Contractor/Service Provider shall, on an annual basis in the month of December, evaluate and negotiate any proposed adjustments to pricing for the subsequent term of this agreement. Acceptance of Substitutions or Additional Products The parties agree that necessary substitutions or additional products may not be incorporated into Exhibit E without the City’s prior written approval. The following conditions must be met for such substitutions or additions to be deemed acceptable: 1. Compatibility and Specifications: Any substituted or additional products must meet or exceed the specifications outlined in Exhibit E and must be compatible with the intended use. 2. Costs: The Contractor/Service Provider must provide a detailed cost breakdown and confirm that any substitutions or additions will not result in an increase in the overall costs identified in Exhibit E, unless expressly agreed in writing by both parties. 3. Delivery and Timelines: The substituted or additional products must not cause any delay in the delivery. Any changes to delivery timelines must be communicated and approved by the City Department. B. Reimbursement of Costs ☒ None, the compensation includes all costs 5. Special Provisions: ☐ Permitted Sub-Contractor/Service Providers: None ☐ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has the option to extend this Agreement for four (4) additional one-year terms (January 1, 2026 to December 31, 2026; January 1, 2027 to December 31, 2027; January 1, 2028 to December 31, 2028; and January 1, 2029 to December 31, 2029 ). The City shall give written notice to Contractor/Service Provider of the City’s election to exercise each extension via the Notice of Exercise of Option to Extend document. The City Manager or Director of Finance/Treasurer shall be authorized to exercise any 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 the rate of the Consumer Price Index for the San Diego Area or 5%, whichever is less, for each extension. Notwithstanding the foregoing, in the event that supply chain and tariff impacts result in a greater than 5% increase in Contractor/Service Provider’s costs, the parties shall meet and confer in good faith to negotiate a fair increase in the amounts specified in Section 4, which increase shall be reflected in writing and signed by both parties at the time the extension is exercised. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2029 shall not exceed $1,883,300. Page 128 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider 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 Other Negotiated Insurance Terms: NONE” Page 129 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 EXHIBIT C CONTRACTOR/SERVICE PROVIDER 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 Contractor/Service Providers, 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, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor/Service Provider will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor/Service Provider WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider 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 Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: M. Angelica Arellano 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 130 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 City of Chula Vista Agreement No.: 2025-030 Service Provider Name: ACE UNIFORMS, LLC Rev. 12/13/2024 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 $500 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; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. ☐ 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 $500 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 $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 131 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Item #Description Est. Annual Quantity Unit Price Extended 71177 5.11 PDU CLASS B S/S UNIFORM SHIRT (MIDNIGHT NAVY)50 57.00$ 2,850.00$ 72345 5.11 PDU CLASS B L/S UNIFORM SHIRT (MIDNIGHT NAVY)100 62.00$ 6,200.00$ 72345 5.11 PDU CLASS B L/S UNIFORM SHIRT (MIDNIGHT NAVY)40 62.00$ 2,480.00$ 240W9486 SDPD WOMENS CLASS A L/S SHIRT (MIDNIGHT NAVY)50 96.00$ 4,800.00$ 62065 5.11 PDU WOMENS CLASS B L/S SHIRT (MIDNIGHT NAVY)40 72.00$ 2,880.00$ 690R9486 FLYING CROSS WOOL BLEND (55/45) S/S SHIRT (NAVY BLUE)75 92.00$ 6,900.00$ 340W9486 FLYING CROSS WOOL BLEND (55/45) L/S SHIRT (NAVY BLUE)150 110.00$ 16,500.00$ 8471 BLAUER L/S ARMORSKIN 100 92.00$ 9,200.00$ TIE20DN CLIP ON TIE (NAVY BLUE)75 5.00$ 375.00$ P50 GOLD TIE BAR 75 4.00$ 300.00$ UVS101 UNDERVEST L/S SHIRT 100 51.00$ 5,100.00$ 74326 5.11 PDU MENS CLASS B PANTS (MIDNIGHT NAVY)200 62.00$ 12,400.00$ 64306 5.11 WOMENS PDU CLASS (MIDNIGHT NAVY)62.00$ -$ SDPDTRSW01 SDPD WOMENS CLASS A PANTS (MIDNIGHT NAVY)40 89.00$ 3,560.00$ SDPDTRS01 FLYING CROSS WOOL BLEND (55/45) PANTS (NAVY)130 89.00$ 11,570.00$ 47289 FLYING CROSS WOOL BLEND (75/25) PANTS (NAVY)40 84.00$ 3,360.00$ 48103 5.11SIGNATURE JACKET (NAVY) WITH “POLICE” WHITE SCREEN FRONT AND BACK 75 185.00$ 13,875.00$ CPL STRIPES 6.00$ -$ SGT. STRIPES 6.00$ -$ 572SJ NEESE RAIN JACKET (YELLOW)75 67.00$ 5,025.00$ 8012 FLYING CROSS MEDIUIM TROP S/S SHIRT (LT BLUE)30 26.99$ 809.70$ 8002 FLYING CROSS MEDIUM TROP L/S SHIRT (LT BLUE)10 26.99$ 269.90$ 47289 FLYING CROSS NAVY WOOL BLEND (75/25) PANTS (NAVY)30 84.00$ 2,520.00$ 48103 5.11SIGNATURE JACKET 15 185.00$ 2,775.00$ 74369 STRYKE PANT 20 74.00$ 1,480.00$ 74003 71049 PERFORMANCE POLO 20 42.00$ 840.00$ 48103 5.11 SIGNATURE JACKET 15 185.00$ 2,775.00$ -$ ST650 S/S POLO SHIRT (NAVY)20 19.50$ 390.00$ 71339 5.11 TDU S/S SHIRT (BLACK)20 60.50$ 1,210.00$ 74003 5.11 TDU L/S SHIRT (BLACK)25 57.00$ 1,425.00$ 72054 5.11 TACLITE L/S (BLACK)25 57.00$ 1,425.00$ 74280 5.11 TDU PANTS (BLACK)25 57.00$ 1,425.00$ 74003 5.11 TDU RIPSTOP PANT (BLACK)10 66.00$ 660.00$ 71177 5.11 PDU CLASS B S/S SHIRT (BLACK)10 57.00$ 570.00$ 72054 5.11 PDU CLASS B L/S SHIRT (BLACK)10 57.00$ 570.00$ 74326 5.11 PDU CLASS B CARGO PANTS (BLACK)25 61.50$ 1,537.50$ 71332 5.11 TDU S/S SHIRT (GREEN)20 57.00$ 1,140.00$ 72002 5.11 TDU L/S SHIRT (GREEN)20 57.00$ 1,140.00$ 72054 5.11 TACLITE TDU L/S SHIRT (GREEN)20 57.00$ 1,140.00$ 74003 5.11 TDU PANTS (GREEN)20 57.00$ 1,140.00$ 74369 5.11 TDU PANTS (GREEN)20 74.00$ 1,480.00$ 71339 5.11 TDU S/S SHIRT (NAVY BLUE)10 60.50$ 605.00$ POLICE OFFICERS COMMUNITY SERVICE OFFICER (CSO) POLICE SERVICE OFFICER (PSO) POLICE CADET TRAFFIC SWAT STREET TEAM EXHIBIT E 1Page 132 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 72002 5.11 TDU L/S SHIRT (NAVY BLUE)10 57.00$ 570.00$ 74003 5.11 TDU PANTS (NAVY BLUE)10 57.00$ 570.00$ 2574 DICKIES 1574DN DARK NAVY BLUE SHIRT 75 36.95$ 2,771.25$ 874 DICKIES 874DN DARK NAVY PANTS 50 32.00$ 1,600.00$ 4630 RUNNING SHORTS BLACK 40 17.00$ 680.00$ LP72 INDUSTRIAL CARGO PANTS 40 34.00$ 1,360.00$ PC61LSS PC61 GOLD S/S T-SHIRT 46 13.00$ 598.00$ PC61LS PC61LS GOLD L/S T-SHIRT 40 16.00$ 640.00$ P160 P160 NAVY CREW NECK SWEATSHIRT 10 19.00$ 190.00$ WHITE DRESS SHIRT 14 20.05$ 280.70$ MW MIDNIGHT BLUE WOOL/BLEND PANTS W/ GOLD CHP PIPING 4 189.99$ 759.96$ 69-521 NAVY BLUE 100% WOOL CLASS A PANTS 4 189.99$ 759.96$ 69-100 HIGH COLLAR COAT WOOL/BLEND MIDNIGHT BLUE JACKET W/ GOLD TRIM, GOLD “P” BUTTONS AND SLEEVE PIPING 4 759.99$ 3,039.96$ UNITED NAVY BLUE 100% WOOL CLASS A JACKET; ZIP FRONT; GOLD “P” BUTTONS; ½ PIPING ON SLEEVES 454.95$ -$ ST3P DARK NAVY FELT CAMPAIGN HAT 4 149.95$ 599.80$ 60K-070 COROFRAM DUTY BELT AND STRAp 6 179.95$ 1,079.70$ E00942 COROFRAMS SHOES 6 85.00$ 510.00$ EMBROIDERY 28 12.00$ 336.00$ SHOULDER PATCH 8 3.95$ 31.60$ BADGE PATCH 8 3.95$ 31.60$ MILITARY CREASES 1 12.00$ 12.00$ PATCH SEWINGS 600 4.00$ 2,400.00$ TAPE BACK 25 10.00$ 250.00$ TAPER SIDES 111 10.00$ 1,110.00$ TAPER SLEEVES 113 10.00$ 1,130.00$ TAPER LEGS OF PANTS 125 17.00$ 2,125.00$ WAIST ALTERATION 40 14.00$ 560.00$ LOWER WAIST BAND 20 35.00$ 700.00$ SHORTEN SLEEVE 40 10.00$ 400.00$ PIPING FOR HONOR GUARD JACKETS 6 45.00$ 270.00$ 6050-01 B/W CHAMBERS BLACK BASKETWEAVE 1 ½ INCH PANT BELT 40 20.05$ 802.00$ 7950 22127 L BW BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE DUTY BELT 50 50.00$ 2,500.00$ NP356 BW HS BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE OC HOLDER 40 28.00$ 1,120.00$ NP354 BW HS BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE KEEPERS (4-PACK)40 14.50$ 580.00$ NP352 BW HS1 BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE MAG POUCH 40 36.00$ 1,440.00$ NP445 BW 1 BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE RADIO HOLDER 40 38.00$ 1,520.00$ NP351 BW HS BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE CUFF CASE 40 28.50$ 1,140.00$ LP415 SRH 4502 6360 ALS DUTY HOLSTER LEVEL III RETENTION 50 142.50$ 7,125.00$ RS001 PEERLESS NICKLE HANDCUFFS 60 34.00$ 2,040.00$ BA089 MONODNOCK AUTOLOCK EXPANDABLE BATON 26in 40 192.50$ 240.75$ ZK8A1BW MONODNOCK AUTOLOCK BATON HOLDER 40 39.50$ 46.08$ RS270 BLK 1IN HOBBLE SECURE STRAP 40 20.00$ 19.15$ CP093 CITATION HOLDER CLIPBOARD 50 34.50$ 1,725.00$ PWBS1 WHISTLE (NICKLE OR BRASS)60 4.00$ 240.00$ RS099 BLK FLEX CUFFS (10 PACK)40 18.50$ 740.00$ STANDARD NAMETAG GOLD 60 12.00$ 720.00$ SURVEILLANCE EAR PIECE W/ XTS ADAPTER 50 130.00$ 6,500.00$ PAE-MICHIIIA PARACLETE TACTICAL FULL-CUT HELMET (BLACK) W/ RIOT FACE SHIELD 30 -$ 74001/74003/74004 DAMASCUS FA-30 “FLEXFORCE HARDSHELL FULL BODY PROTECTIVE SUIT 10 520.00$ 5,200.00$ TE360 AVON GAS MASK 40 -$ POLICE DUTY GEAR AND ACCESSORIES ACADEMY HONOR GUARD EXHIBIT E 2Page 133 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda NP362 BLK BW BIANCHI ACCUMOLD BLACK BASKETWEAVE LIGHT HOLDER F/STINGER XL 50 20.50$ 1,025.00$ FL860 BLK AC POLYSTINGER LED W/CHARGER 50 196.00$ 9,800.00$ HS370 LRG REG POL ANSI II SAFETY VEST 50 24.99$ 1,249.50$ TE224 BLACK RIOT HELMET ROUCH 50 19.95$ 997.50$ TE210 GAS MASK POUCH 50 59.95$ 2,997.50$ PB-AXB3A1HL-SP POINT BLANK LEVEL III ARMOR VEST 50 -$ GD2M00070J GUARDIAN TACTICAL OUTER CARRIERS W/POUCHES 50 -$ BULLETPROOF VESTS EXHIBIT E 3Page 134 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Item # Description Est. Annual Quantity Unit Price Extended R13 Keystone Class A SDFD Black Cap 40 72.00$ 2,880.00$ R13W Keystone White, Class A, Cap/BC w/Gold 10 75.00$ 750.00$ P8005 Hat Band - Class A, Snake Silver (Included w/Cap)40 5.00$ 200.00$ 104C Pacific Headwear, Pro Model Snapback 250 7.00$ 1,750.00$ 471 Paciffic Headwear, SM/Med Fitted DARK Navy 500 11.55$ 5,775.00$ 474 Paciffic Headwear, LG/XL Fitted DARK Navy 300 11.55$ 3,465.00$ 6277 Flying Cross, Class A (Woman’s)5 8.65$ 43.25$ 17B8696 Jacket - Dress Coats Class A, Black, Flying Cross 40 422.65$ 16,906.00$ 48016 5.11 Jacket - Response - Prevention, Dark Navy 20 70.00$ 1,400.00$ 4800SDC Class A (Woman’s) Coat, Black, Flying Cross 10 459.65$ 4,596.50$ 48099 5.11 Chameleon Soft Shell Jacket, Dark Navy 40 123.00$ 4,920.00$ 48103 5.11 Signature Duty Jacket, Prevention, Dark Navy 6 183.35$ 1,100.10$ 505 Sweatshirt - 1/4 Zip, No Denim (3/8" block in metallic silver or gold), Navy 100 75.00$ 7,500.00$ Embrioder first initial last name 8.00$ -$ N/A Necktie - Polyester/Wool, Black 45 6.50$ 292.50$ FP50MN Pants - Nomex, Workrite A Cut, Midnight Navy 200 127.75$ 25,550.00$ FP52MN Pants, Nomex , Workrite B Cut, Midnight Navy 100 132.20$ 13,220.00$ FP62MN Pants, Nomex , Workrite 7.5 oz., IIIA Dual Compliant Tactical, Midnight Navy 250 197.50$ 49,375.00$ 114011 Pants, Mens BDU Pants, FIRST Tactical, Midnight Navy 70 63.30$ 4,431.00$ 114041 Pants, Mens Hidden Cargo, FIRST Tactical, Midnight Navy 70 63.30$ 4,431.00$ 124011 Pants, Womens BDU, FIRST Tactical, Midnight Navy 20 63.30$ 1,266.00$ 124041 Pants, Womens Hidden Cargo, FIRST Tactical, Midnight Navy 30 63.30$ 1,899.00$ 74280 Pants - Taclite TDU 5.11, Dark Navy 25 57.00$ 1,425.00$ 28P8696 Pants - USN Dress Trousers Black, Class A, Black (Flying Cross)40 132.00$ 5,280.00$ 64359 Pants - 5.11 Women Ripstop TDU, Dark Navy 10 57.00$ 570.00$ 4800S Womens Class A, Slacks, Black (Flying Cross)10 140.00$ 1,400.00$ ST312 Sport-Tex Pocket Short, TRUE Navy 400 12.15$ 4,860.00$ FSC2MN Shirt Long Sleeve - Men's Value Broadcloth 45 20.05$ 902.25$ 1363 L/S Dress Shirt Value White XL (Womens)15 20.05$ 300.75$ 1457-10 Workrite Shirt Long Sleeve - Nomex 250 132.95$ 33,237.50$ 1457-10 Workrite Shirt Short Sleeve - Nomex 250 109.95$ 27,487.50$ 72054 Shirt L/S Sleeve - Taclite TDU 100 56.00$ 5,600.00$ 71339 Shirt Short Sleeve - Taclite Ripstop 100 51.00$ 5,100.00$ 72002-724 (Investigations) 72002-724, 5.11 TDU L/S Rip stop Shirts (S-XL)25 57.00$ 1,425.00$ 111011 L/S Mens PRO Duty Uniform Shirt, FIRST Tactical 200 71.25$ 14,250.00$ 112001 S/S Mens PRO Duty Uniform Shirt, FIRST Tactical 200 66.50$ 13,300.00$ 122001 S/S Womens Duty Uniforms Shirt, FIRST Tactical 100 66.50$ 6,650.00$ 121011 L/S Womens Duty Uniforms Shirt,FIRST Tactical 200 71.25$ 14,250.00$ CS402 Shirt Sport - Pique w/pocket 400 17.00$ 6,800.00$ L469 Shirt Sport Polo - Ladies Drimesh V-neck 10 22.60$ 226.00$ Badge tab over left chest pocket 225 5.00$ 1,125.00$ 126R5400 Female Poplin L/S Shirt White 381 15 59.50$ 892.50$ VL100PSN Volunteer Knitwear ALL-American Pocket Tee, Strong Navy 2000 8.70$ 17,400.00$ 2410 Gildan 100% Cotton Long Sleeve w/Pocket NAVY 1200 10.65$ 12,780.00$ F260 Hanes 10 oz., Crewnext Sweat. NAVY 100 16.15$ 1,615.00$ 2200 Gildan Untra Cotton Tank Top, 100 % Cotton, NAVY 200 5.45$ 1,090.00$ CS4020P CornerStone Industrial Snag-Proof Pique Pocket Polo, NAVY Blue 50 14.20$ 710.00$ Skirt - Class A Dept. Ring Apparel 10 141.95 1,419.50$ 4800SK Flying Cross, Class A, Skirt 10 141.95 1,419.50$ FIRE DEPARTMENT T-SHIRTS SKIRT SWEATSHIRT JACKETS / VESTS HATS PANTS SHIRTS EXHIBIT E 4Page 135 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 400V Boots - Whites, Wild land , Black 10” Lace to Toes 20 506.25$ 10,125.00$ 18050 Boots - Danner WTF Wild land Boots 20 291.00$ 5,820.00$ FFB100 Boots - SW Eagle 8" Structural FF Station Boots 75 250.00$ 18,750.00$ 12026 Boots - ATAC Shield 8", SW Eagle 50 135.00$ 6,750.00$ 12001 Boots - ATAC Shield 8" - Wide, SW Eagle 25 135.00$ 3,375.00$ 27422 Boots - Station, Safety Toe, Chippewa 15 -$ USBBK Boots - Red back Slip-on Station Safety Toe 8"75 190.00$ 14,250.00$ USFBF Red back Rescue Boots, Zip Up Front 75 295.00$ 22,125.00$ X2 Black Dianond X2 Leather Fire Strucure Boots 60 -$ 9451 Black Diamond Rubber Boots 40 -$ 831-6031 Shoes - Poromedic Black Wide Academy Oxford 50 85.00$ 4,250.00$ 6050-01 Chambers Belt, Black 75 20.00$ 1,500.00$ 59409 Belt - Trainer 1 1/2" XL Prevention 25 39.75$ 993.75$ 59552-019 5.11 59552-019 – 5.11 TDU Belt, 1.75 60 19.00$ 1,140.00$ A6197 Captain, Lapel (Cutout) - Silver (Blackington)10 25.00$ 250.00$ A3614 Captain, Disc (Lapel) - Silver 20 14.00$ 280.00$ A175 Captain Pin (Hat) - Silver 20 24.00$ 480.00$ A2327DE Firefighter Hat Device Nickle (Scramble)40 29.00$ 1,160.00$ A2886 Firefighter, Collar Device Disk (Scramble)40 14.00$ 560.00$ A2911 BC Two Bugle Hat Device Gold 12 24.00$ 288.00$ A2862 BC Two Bugle Disc (Lapel) Gold 24 24.00$ 576.00$ A2908 BC Two Bugle Cutout (Lapel) - Gold 24 21.00$ 504.00$ A6864 Engineer, Steamer (Hat) Device Silver 20 24.00$ 480.00$ A2940 Engineer, Steamer (Lapel) Silver 10 14.00$ 140.00$ B484 Honor Guard Hat Device Dept. Ring 10 55.00$ 550.00$ A8379A Honor Guard Collar Ins. Dept. Ring 10 55.00$ 550.00$ E1925 Flag Patch 500 3.00$ 1,500.00$ E1925 Flag, Gold Trim Patch 30 3.00$ 90.00$ E1937 Flag Reverse, White Trim Patch 1000 2.10$ 2,100.00$ A7142 Insigna Red/White/Red Basic Uniforms (Reconition Pin)1 21.00$ 21.00$ A2811 Chief. (Hat Device) 5 Bugles Gold 2 24.00$ 48.00$ A2901 Chief. Cutout (Lapel) 5 Bugles Gold 16 25.00$ 400.00$ A2871 Chief, Disc (Lapel) 5- Bugles 5 14.00$ 70.00$ A1962 Deputy Chief, (Hat Device) 4 Bugles Gold 8 21.00$ 168.00$ A7292 Deputy Chief, Cutout (Lapel) 4 Bugles Gold 10 25.00$ 250.00$ A4280 Deputy Chief, Disk ( lapel) Class A 4 Bugles Gold 10 14.00$ 140.00$ N/A Socks - Black Class A Uniform 40 11.95$ 478.00$ Alterations Pants Hem (Only)100 10.00$ 1,000.00$ Diamond Crotch 15 10.00$ 150.00$ Embroidery (Shirts)150 10.00$ 1,500.00$ Fire Scramble Badge Nickle Plate 80 25.00$ 2,000.00$ Maltese Crosses Patches Silver 50 6.00$ 300.00$ Maternity Panel - Dept. Ring 5 35.00$ 175.00$ Nametag 1 Line Silver 50 12.00$ 600.00$ CVFD Badge Patch 700 2.45$ 1,715.00$ Pipping - Opening of Sleeve 50 45.00$ 2,250.00$ Pipping - Sleeve Pipping 50 10.00$ 500.00$ Sewings Badge patc, U.S. Flag and CVFD Patch 400 4.00$ 1,600.00$ Class A Jacket- (Taper Sleeves)25 12.00$ 300.00$ TAILORING BOOTS SHOES BELTS OTHERS EXHIBIT E 5Page 136 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Item #Description Est. Annual Quantity Unit Price Extended WW695 CHEROKEE SCRUBS MEN WORKWEAR PROFESSIONALS V-NECK 4 POCKET 8 19.50$ 156.00$ WW190 CHEROKEE MEN'S SCRUB PANTS TAPERED LEG WITH ELASTIC WAISTBAND, 5 POCKETS 8 22.50$ 180.00$ WW610 CHEROKEE SCRUBS FOR WOMEN MOCK WRAP TOP WITH 3 POCKET 14 19.50$ 273.00$ WW120 CHEROKEE REVOLUTION MID RISE MODERATE FLARE DRAWSTRING 14 21.00$ 294.00$ PC78H HOODIES WITH ACF LOGO - 1 each 16 23.00$ 368.00$ Multiple NON-SKID WORK SHOES 16 57.00$ 912.00$ Multiple RUBBER BOOTS 8 60.00$ 480.00$ Multiple NON-SKID CLOGS 4 30.00$ 120.00$ J407/L407 WATER PROOF JACKET 15 42.00$ 630.00$ C116 CLASSIC FLAT BILL SNAPBACK CAP 15 5.50$ 82.50$ CK138 OFFIC PANTS 10 27.00$ 270.00$ WW695 MENS SCRUB - TOPS 0 20.00$ -$ WW190 MENS SCRUB - PANTS 0 22.50$ -$ WW610 WOMENS SCRUB - TOPS 20 20.00$ 400.00$ WW120 WOMENS SCRUB - PANTS 20 22.50$ 450.00$ 8371 OFFICER SHIRTS 25 82.00$ 2,050.00$ F5251 OFFICER PANTS 25 32.00$ 800.00$ F5251 ANIMAL CARE PANTS 35 32.00$ 1,120.00$ PC78H HOODIES - 1 each (non-officer)22 14.00$ 308.00$ Multiple OFFICER AND ANIMAL CARE, steel toe 15 66.74$ 1,001.10$ Multiple OFFICE NON-SKID SHOES 5 52.00$ 260.00$ J754 JACKET - OFFICER 5 46.00$ 230.00$ OFFICER PATCHES (2 on each shirt); 10 patches x 5shirts = 50 50 4.00$ 200.00$ J407/L407 WATER PROOF JACKET 22 42.00$ 924.00$ C116 CLASSIC FLAT BILL SNAPBACK CAP 27 5.50$ 148.50$ TASER 5 -$ POLICE UTILITY DUTY BELT MOLDED POUCHES, KIT TACTICAL 5 40.00$ 200.00$ ULTRAFIRE TACTICAL FLASHLIGHT WITH HOLSTER 5 55.00$ 275.00$ ANIMAL CONTROL GEAR FULL TIME STAFF PART-TIME STAFF ANIMAL CARE FACILITY EXHIBIT E 6Page 137 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Item #Description Including Color and Size Est. Annual Quantity Unit Price Extended 8000 GILDAN DRY BLEND 50/50 SHORT SLEEVE TSHIRT 200 5.50$ 1,100.00$ GILDAN DRY BLEND 50/50 LONG SLEEVE TSHIRT 200 10.00$ 2,000.00$ POLO S/S T SHIRT (KHAKI)40 15.00$ 600.00$ RED KAP LS INDUSTRIAL SOLID WORK SHIRT LIGHT TAN 100 22.00$ 2,200.00$ RED KAP SS INDUSTRIAL SOLID WORK SHIRT LIGHT TAN 100 18.00$ 1,800.00$ HANES ECOSMART CREWNECKS SWEATSHIRT 40 14.50$ 580.00$ STANDARD NAMETAG GOLD 12.00$ -$ FLEXFIT- COTTON CAP SPRUCE FRONT & BACK HAT (RANGER)80 19.00$ 1,520.00$ 74003 5.11 TACTILE UNIFORM PANT (FOREST GREEN)15 66.00$ 990.00$ 74369 5.11 Tactical STRYKE PANT W/FLEX-TAC TM TDU GREEN 25 74.00$ 1,850.00$ 5.11 LONG SLEEVE TACTILE PRO UNIFORM SHIRT (SILVER TAN) 15 57.00$ 855.00$ 5.11 SHORT SLEEVE TACTILE PRO UNIFORM SHIRT (SILVER TAN) 12 57.00$ 684.00$ 8371 BLAUER LS POLYESTER ARMORSKIN BASE SHIRT (SILVER TAN)25 92.00$ 2,300.00$ 8372 BLAUER SS POLYESTER ARMORSKIN BASE SHIRT (SILVER TAN)25 57.00$ 1,425.00$ EMBROIDERED EMBLEMS 27 20.00$ 540.00$ EMBROIDERED LOGO 27 14.00$ 378.00$ EMBROIDERED NAME 27 12.00$ 324.00$ 5.11 TACTILE JACKET 3 70.00$ 210.00$ UNITED UNIFORM Poly/Spandex versa windproof soft shell Duty Jacket OD GREEN 5 140.00$ 700.00$ 7050 CHAMBERS BLACK BASKETWEAVE 1 ½ INCH PANT BELT 15 20.05$ 300.75$ 7950 22127 L BW BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE DUTY BELT 15 50.00$ 750.00$ NP356 BW HS BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE OC HOLDER 5 28.00$ 140.00$ NP354 BW HS BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE KEEPERS (4-PACK)15 14.50$ 217.50$ NP445 BW 1 BIANCHI ACCUMOLD ELITE BLACK BASKETWEAVE RADIO HOLDER 15 38.00$ 570.00$ ADJUSTABLE CITATION HOLDER 15 34.50$ 517.50$ BASKETWEAVE FIELD INVESTIGATION PAD COVER 15 32.00$ 480.00$ NP362 BLK BW BIANCHI ACCUMOLD BLACK BASKETWEAVE LIGHT HOLDER F/STINGER XL 15 20.50$ 307.50$ POLYSTINGER LED W/CHARGER 15 196.00$ 2,940.00$ POINT BLANK LEVEL III ARMOR VEST W/ CARRIER 5 -$ TACTICAL OUTER CARRIERS W/POUCHES 5 -$ STABPROOF VEST FULL TIME RANGERS PART-TIME RANGERS PARK RANGERS PARK RANGER DUTY GEAR AND ACCESSORIES EXHIBIT E 7Page 138 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Agreements: Approve Amendments to Legal Services Agreements with Best Best & Krieger to Provide On- Call and Public Records Act Related Services Report Number: 25-0104 Location: No specific geographic location Department: City Attorney 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving amendments to two legal services agreements with Best Best & Krieger LLP for on call legal and California Public Records Act related legal services to increase the not-to-exceed amount of both and to extend the on call legal services agreement to February 21, 2026. SUMMARY The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed and anticipates that it will remain so until additional attorneys can be hired. The amendments to these agreements will allow the City to continue to use the law firm of Best Best & Krieger LLP for on-call and California Public Records Act related legal services. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 139 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and transactional section of the City Attorney’s Office has been significantly understaffed for the past two years due to the City Attorney vacancy, retirements, and attrition. The office is anticipated to remain understaffed until all attorney positions are filled. In the interim, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with Best Best & Krieger LLP for general on-call and California Public Records Act related legal services. The firm has provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements, including public contracting, general contract review, and California Public Records Act responses, among other civil advisory matters. Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the capacity in the existing two agreements have been expended. The proposed third amendment to the legal services agreement for on-call legal services with Best Best & Krieger will increase the not-to-exceed amount on the contract from $400,000 to $550,000 and extend the contract to February 21, 2026. The proposed fourth amendment to the legal services agreement for California Public Records Act related legal services will increase the not-to-exceed amount on the contract from $300,000 to $450,000. The costs of these contract amendments were included within the current year budget, so no additional appropriation is necessary. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT It is anticipated that the increases to these contracts will be offset with other budgetary savings in the City Attorney Department’s fiscal year 2024-25 budget. ONGOING FISCAL IMPACT The increases to these contracts will be considered as part of the annual budget development process in future years. ATTACHMENTS 1. Third Amendment to LSA with Best Best & Krieger LLP for On Call Legal Services Page 140 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 2. Fourth Amendment to LSA with Best Best & Krieger LLP for California Public Records Act Related Legal Services Staff Contact: Megan McClurg, Assistant City Attorney Page 141 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS FOR ON-CALL AND PUBLIC RECORDS ACT SERVICES BETWEEN CITY AND BEST BEST & KRIEGER, LLP WHEREAS, the City previously entered into a legal service agreement on February 21, 2023 with Best Best & Krieger LLP (“BBK”), to provide on-call legal services (“General Legal Services Agreement”); and WHEREAS, the City previously entered into a first amendment to the General Legal Services Agreement on September 12, 2023, increasing the not-to-exceed amount on the contract to $300,000, and executed an option to extend the General Legal Services Agreement to February 21, 2025; and WHEREAS, the City previously entered into a second amendment to the General Legal Services Agreement on December 3, 2025, increasing the not-to-exceed amount on the contract to $400,000; and WHEREAS, City desires to continue utilizing the services of BBK related to on-call legal services, resulting in additional costs exceeding $400,000 and requiring City to exercise a second of five options to extend the General Legal Services Agreement; and WHEREAS, the City previously entered into a legal services agreement on September 29, 2022 with BBK to provide California Public Records Act related services (“PRA Legal Services Agreement”); and WHEREAS, the City previously entered into a first amendment of the PRA Legal Services Agreement on July 26, 2023 to change the not-to-exceed amount on the contract to $50,000; and WHEREAS, the City previously entered into a second amendment of the PRA Legal Services Agreement on September 12, 2023 to extend the PRA Legal Services Agreement through September 29, 2024 and to increase the not-to-exceed amount on the contract to $200,000; and WHEREAS, the City previously entered into a third amendment of the PRA Legal Services Agreement on September 29, 2024 to extend the PRA Legal Services Agreement through September 29, 2025 and to increase the not-to-exceed amount on the contract to $300,000; and WHEREAS, City desires to continue utilizing the services of BBK related to California Public Records Act services, resulting in additional costs exceeding $300,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: Page 142 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 1. Approves the Third Amendment to the Legal Services Agreement for on-call legal services between the City and Best Best & Krieger LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and authorizes the City Attorney to execute same. 2. Approves the Fourth Amendment to the Legal Services Agreement for California Public Records Act related legal services between the City and Best Best & Krieger LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and authorizes the City Attorney to execute same. Presented by Approved as to form By: Megan McClurg Marco A. Verdugo Assistant City Attorney City Attorney Page 143 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 1 of 2 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this effective day of February 22, 2025 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to on-call legal services pursuant to a Legal Services Agreement between City and Attorney effective February 21, 2023 (“Legal Services Agreement”); and WHEREAS, the parties previously entered into a First Amendment to Legal Services Agreement on September 12, 2023 increasing the not to exceed amount on the contract to $300,000 , and executed an option to extend the Legal Services Agreement to February 21, 2025; and WHEREAS, the parties previously entered into a Second Amendment to the Legal Services Agreement on December 3, 2025 increasing the not to exceed amount on the contract to $400,000; and WHEREAS, City desires to continue utilizing the services of Attorney related to on-call legal services, resulting in additional costs exceeding $400,000 and requiring City to exercise a second of five options to extend the Legal Services Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Pursuant to Section 1 of the Legal Services Agreement, the Term is extended through February 21, 2026. 2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to $550,000.00. 3. Costs that exceeded $400,000.00 that were incurred under the Second Amendment to Legal Services Agreement but prior to this Third Amendment are to be covered and compensated by this Third Amendment. 4. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Page 144 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 2 of 2 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Third Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Third Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Jeffrey S. Ballinger Best, Best & Krieger, LLP Partner Page 145 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 1 of 2 FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Fourth Amendment to Legal Services Agreement (“Fourth Amendment”) is entered into this effective day of April 15, 2025 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records-related policies to reflect industry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e - Discovery, and social media operations pursuant to a Legal Services Agreement between City and Attorney effective September 29, 2022 (“Legal Services Agreement”); and WHEREAS, the Parties previously executed a First Amendment to the Legal Services Agreement on July 26, 2023 to change the not to exceed amount in Section 3.1 from $30,000 to $50,000; and WHEREAS, the Parties previously entered into a Second Amendment to the Legal Services Agreement on September 12, 2023 to extend the Legal Services Agreement through September 29, 2024 and to increase the not to exceed amount on the contract to $200,000; and WHEREAS, the Parties previously entered into a Third Amendment to the Legal Services Agreement on September 29, 2024 to extend the Legal Services Agreement through September 29, 2025 and to increase the not to exceed amount on the contract to $300,000; and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to processing requests for public records, resulting in additional costs exceeding $300,000. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount from $300,000.00 to $450,000.00. 2. Costs that exceeded $300,000.00 that were incurred under the Legal Services Agreement but prior to this Fourth Amendment are to be covered and compensated by this Fourth Amendment. 3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Page 146 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 2 of 2 FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Fourth Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Fourth Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Fourth Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Darren Ziegler Best, Best & Krieger, LLP Partner and Director of PRA Services and E-Discovery Counsel Page 147 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 From: alan mil Sent: Sunday, April 6, 2025 6:15 AM Subject: COUNTY SURVEY ON TAX WASTE - $138.5 million deficit crisis ignores drug abuse homeless tents 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 SUPERVISORS BCC TO TAX PAYERS MAJORITY VOTED YES 36 ENFORCE THE LAW Good Morning, Please see forwarded Email and take the County Supervisor Survey. I included my responses below. COUNTY SUPERVISOR SURVEY $138.5 MILLION DEFICIT TAX WASTE https://public-district2.sandiegocounty.gov/forms/form/?ID=82&utm_campaign=281- 562 @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 San Diego Association of Governments NEW LOCATION 1011 Union Street, Suite 400, San Diego 92101 I-5 EXIT B STREET PARKING GARAGE ON FRONT STREET ATTEND SANDAG MEETINGS IN PERSON FREE VALIDATE PARKING Page 148 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 @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 FUND ONLY BASIC FUNCTION OF GOVERNMENT - PROTECT LIFE AND PROPERTY - ONLY HOMELESS FUNDING SHOULD BE ENFORCEMENT REMOVAL ENCAMPMENTS AND PROVIDE IMMEDIATE STARTUP JOB TO BREAK HOMELESS CYCLE - THE JOB COMBINED WITH OPEN BAY SHELTER SAME AS MILITARY BARRAKS AND NOT AN UNAFFORDABLE TO TAX PAYERS HOUSING - NOT A DIME TO ANY NON PROFIT THAT PAYS SALARY TO CEOS Do you support or oppose budget cuts to any of the following newly created County Departments below? Office of Immigrant and Refugee Affairs - Support Cuts Office of Evaluation and Performance Analytics - Support Cuts Office of Environmental & Climate Justice - Support Cuts Office of Labor Standards & Enforcement - Support Cuts Office of Sustainability and Environmental Justice - Support Cuts San Diego County Arts and Culture Commission - Oppose Cuts Office of Economic Development & Government Affairs - Support Cuts Do you support or oppose budget cuts to any of the following County Workforce Services? Employee Raises/ Equity Raises/ Employee Retention - Support Cuts Board of Supervisors: Personnel Staff - Support Cuts Department of Human Resources: Diversity Equity & Inclusion Program - Support Cuts Department of Human Resources: Employee Assistance Program - Support Cuts Consulting Contracts for “Opening More Doors to Workers Who Are Neurodivergent” - Support Cuts Page 149 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Do you support or oppose budget cuts to any of the following Fire Safety Services? Firefighter Staffing Levels - Oppose Cuts Construction of Ramona Fire Station - Oppose Cuts Construction of Descanso Fire Station - Oppose Cuts Volunteer Reserve Fire Fighter Program - Oppose Cuts County Fire Defensible Space Inspections - Oppose Cuts Do you support or oppose budget cuts to any of the following Public Safety Services? District Attorney's Office - Oppose Cuts Retired Senior Volunteer Patrol - Oppose Cuts Animal Services Patrols - Oppose Cuts Probation Department: Restorative Justice Programs - Support Cuts Public Safety Staff: Recruitment and Retention Efforts - Oppose Cuts Sheriff Staffing Levels - Oppose Cuts Do you support or oppose budget cuts to any of the following Health Services? Rural Post-Hospital Discharge Program - Support Cuts Live Well Mobile Office - Support Cuts Do you support or oppose budget cuts to any of the following Unincorporated Services? Road Resurfacing and Maintenance - Oppose Cuts Code Compliance Enforcement - Support Cuts Guaranteed Housing Permit Review Times - Support Cuts Homeless Encampment Clean Up Efforts - Oppose Cuts Farmers Markets - Support Cuts Building Permit Fee Waivers for Disaster Survivors - Oppose Cuts Fee Waiver for Non-Profit Community Events - Support Cuts Do you support or oppose budget cuts to any of the following County Parks and Recreation programs below? SD Nights Programming for Youth - Support Cuts Parks Programming and Special Events - Oppose Cuts El Capitan Lake Recreation - Oppose Cuts Do you support or oppose budget cuts to any of the following Social Services programs below? Page 150 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Veteran Services - Oppose Cuts Shelter Beds for Domestic Violence Survivors - Oppose Cuts Immigrant Legal Defense Fund - Support Cuts Cannabis Social Equity Program - Support Cuts Mobile Crisis Response Units - Support Cuts County Homeless Shelters (Includes Temporary Hotel Stays & Safe Parking Lots) - Support Cuts Senior Homelessness Prevention (Shared Housing & Shallow Rent Subsidy Pilot Programs) - Support Cuts -- Informative links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry Page 151 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Page 152 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 NO TO GOVERNMENT TAX HOUSING USE OPEN BAY MILITARY BERTHING Page 153 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 SANDAG 2025 REGIONAL PLAN PAGE 4 125 TOLL BECOMES PERMANENT MANAGED TOLL TRANSNET ALREADY FUNDED ROADS DOUBLE TAX CONVERT FREEWAY LANES TO MANAGED TOLL LANES CORONADO BRIDGE TOLL IS BACK / ALL FREEWAYS GET A TOLL https://www.sandag.org/-/media/SANDAG/Documents/PDF/regional-plan/2025- regional-plan/2025-draft-proposed-regional-transportation-network-eng.pdf Page 154 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 SAN DIEGO COUNTY VOTERS STOPPED SANDAG TAX https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g- sandag-is-dishonest-dysfunctional/ VOTERS WERE PROMISED TWICE 1988 AND 2004 TRANSNET TAX EXPAND FREEWAYS SANDAG IGNORES FREEWAYS FIRE EGRESS https://www.sandag.org/funding/transnet Page 155 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN https://web.archive.org/web/20241106045649/https://electionresults.sos.ca.gov/retu rns/maps/ballot-measures/prop/36 https://ballotpedia.org/Elections Page 156 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 https://vote.gov/ ---------- Forwarded message --------- From: Supervisor Joel Anderson Date: Sat, Apr 5, 2025 at 8:40 AM Subject: Action Needed: Share Your County Budget Priorities This spring, the San Diego County Board of Supervisors faces a pivotal decision Action Needed: Share Your County Budget Priorities Page 157 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Dear Friends, This spring, the San Diego County Board of Supervisors faces a pivotal decision: crafting and passing a budget that addresses a projected $138.5 million deficit crisis for Fiscal Year (FY) 2025-26. This deficit crisis stems from rising costs for existing programs and new funding requests. In our unincorporated communities, where over 600,000 constituents live, the County is the backbone of daily life. It is responsible for law enforcement, public safety, road maintenance, building permits, animal shelters, parks, libraries, and more - services that some cities even contract the County to provide. These aren't optional extras; they're the essentials our communities depend on to thrive. We need a budget that's built on meaningful give-and-take, not short-term patches that will leave us worse off down the road. We must pass a balanced budget, on time. Delaying the passing of a budget negatively affects our credit rating with wide-ranging implications. I wrote about my concerns regarding the County budget in an Op-Ed for the Times of San Diego last week. Action Needed - Share YOUR County Budget Priorities! In order to advocate for the programs and departments that you care about the most, your input is critical to inform our decision making on the Board of Supervisors. If you SUPPORT or OPPOSE making spending cuts to specific County departments, please fill out this survey by clicking here or on the blue button below. Also, if you have additional comments or ideas related to the budget, please share them in the comment section of the survey so we can pursue the best ideas and advocate for your needs at the County. Click Here to Share Your County Budget Priorities Click Here to Read My Op-Ed on the County Budget Page 158 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Please forward or share this email if you know a family member, neighbor, or friend who is interested in receiving updates on the County budget. If they're not on my Newsletter list already, they can easily subscribe by clicking the blue button below! Click Here to Subscribe to Supervisor Anderson's Newsletter Page 159 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Joel Anderson Supervisor, District 2 Office Locations Supervisor Joel Anderson Office Hours: 9:00 AM - 5:00 PM Email: Joel.Anderson@sdcounty.ca.gov Website: www.supervisorjoelanderson.com County Administration Center Phone: 619-531-5522 El Cajon District Office Phone: 619-219-2470 Connect with Supervisor Anderson on Social Media! Page 160 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – Received 4/7/2025 Page 161 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – 4/9/2025 From: alan mil Sent: Wednesday, April 9, 2025 8:01 AM Subject: County Supervisor District 1 Election 11,000 Ballots Not Counted - REGISTAR HIDES TOTAL BALLOTS CHANGED TO ARBITARY PERCENT! 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 VOTERS THAT WANT TRUE COUNT OF BALLOTS RECEIVED NOT AN ARBITRARY PERCENT County Supervisor District 1 Election 11,000 Ballots Not Counted CHECK FINAL COUNT HOW MANY BALLOTS WILL BE TOSSED? WHY IS TOTAL BALLOTS HIDDEN AS PERCENT AND NOT ACTUAL COUNT? https://www.livevoterturnout.com/ENR/sandiegocaenr/21/en/Index_21.html @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 Page 162 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – 4/9/2025 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 @SD COUNTY REGISTAR - SHOWS 15.4 PERCENT NOT ACTUAL COUNT! https://www.sdvote.com/content/rov/en/ContactUs.html (858) 565-5800 WHY IS TOTAL BALLOTS RECIEVED CHANGED TO HIDDEN PERCENT? @SD COUNTY DA - INVESTIGATE WHY IS COUNT CHANGED TO PERCENT TO HIDE TOTAL? WHAT IS ACTUAL TOTAL COUNT OF BALLOTS RECIEVED? -- Informative links below my signature BOOKMARK AND SHARE Page 163 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – 4/9/2025 Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry SANDAG 2025 REGIONAL PLAN PAGE 4 125 TOLL BECOMES PERMANENT MANAGED TOLL TRANSNET ALREADY FUNDED ROADS DOUBLE TAX CONVERT FREEWAY LANES TO MANAGED TOLL LANES CORONADO BRIDGE TOLL IS BACK / ALL FREEWAYS GET A TOLL 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 164 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – 4/9/2025 VOTERS WERE PROMISED TWICE 1988 AND 2004 TRANSNET TAX EXPAND FREEWAYS SANDAG IGNORES FREEWAYS FIRE EGRESS https://www.sandag.org/funding/transnet EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN https://web.archive.org/web/20241106045649/https://electionresults.sos.ca.gov/retu rns/maps/ballot-measures/prop/36 https://ballotpedia.org/Elections Page 165 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – PC Curry – 4/9/2025 https://vote.gov/ Page 166 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda anyone who endorses a politician whose ethics are questionable. I Don’t trust. or one that cont ributes money to a Politician campaign, a politician who is associated with a Convicted Politician Written Communications - PC Acosta - Received 04/10/2025 Page 167 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications - PC Acosta - Received 04/10/2025 Page 168 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications - PC Acosta - Received 04/10/2025 Page 169 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications - PC Acosta - Received 04/10/2025 Page 170 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Morning Report: Corruption Allegations in Chula Vista Schools Apr. 2, 2025 •The former chief operating officer of Chula Vista Elementary School District is under investigation for a potential pay-to-play scheme involving a district contractor. The investigation relies on pictures that district officials believe are evidence of an inappropriate relationship between the former COO and a company that specializes in athletic flooring. Written Communications - PC Acosta - Received 04/10/2025 Page 171 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 172 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 173 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1:3 13 rSavE SWC Art April 15th, 2025 Chula Vista Office of the Mayor & City Council Mayor John McCann Deputy Mayor Carolina Chavez Council Member Jose Preciado Council Member Michael Inzunza Council Member Cesar Fernandez City Hall 276 Fourth Ave Chula Vista, CA 91910 Dear Honorable Mayor and Council Members, save-swca rtga I I ery.o rg saveswcartgaIlery@gniai1.corn Written cep muni tions e, Item # 'Name (2J We the undersigned hereby formally request that you add to your agenda and vote to initiate an application for designation of the Southwestern College Art Gallery Building (900 Otay Lakes Rd. bldg. 88) to the City of Chula Vista's Register of Historical Resources, due to the building's unique and important historical, cultural and architectural contributions to the region. The Southwestern College Art Gallery building meets all eligibility requirements of a historic resource to the City of Chula Vista (CVMC 21.04.100). Completed in 1968, with all of its original structural and decorative elements still intact, the Gallery building is the best and only example of its type, not only on the College campus, or the City, but in the entire State. The interior of the SWC Art Gallery has a distinctive feature in its suspended concrete grid ceilings, which were modeled after the prestigious Whitney Museum of Art's 945 Madison Ave. building in New York City, which itself was designed by famous Brutalist architect, Marcel Breuer. These replica ceilings are a unique feature unlike any gallery or structure in the State. The exterior of the building, designed by local architect George D. Foster, embodies a distinctive Modern Mayan" style with decorative geometric pattern cornice along the roof and angled raw concrete columns. The Gallery's enclosed courtyard patio of exposed aggregate rock and aluminum double doorway entrance makes the building unique amongst the remaining early campus structures. Historically, the Gallery was the site of many exhibitions by important artists to the region, the State and the world (artists such as John Baldessari, Bruce Nauman, Judy Chicago, Dennis Oppenheim, Richard Allen Morris and more) and was the first venue in the City to exhibit new styles and forms of contemporary artworks. Page 174 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda rsaveSWCArtGa11r=ry save-swca rtga I I ery. org saveswcartgaIIery@gmail.com An application for designation of publicly owned historical resources may be initiated by a majority vote of City Council per CVIVIC 21.04.090(A)(3)(c)(iii) and any building within the city limits is eligible even without owner consent. We urge you to take up this matter and initiate the application to save the Gallery from its scheduled destruction as set forth in the current Southwestern College Facilities Master Plan. Over 20 of the original campus buildings by architect George D. Foster have already been destroyed, with nearly all the remaining buildings scheduled for demolition. The Gallery is unique amongst all the remaining buildings on campus and should be preserved. Please, take action and join a growing number of arts administrators and educators, architects, historians, and fellow concerned citizens who are willing and enthusiastic to supply you with any and all necessary information and documents about the building and its history to expedite the process. Do not stand by while Chula Vista loses an extraordinary historical structure. Place the Southwestern College Art Gallery building preservation on your agenda and vote to initiate an application. Thank you for your time and attention. Respectfully, Eric Rosciam Instructional Lab Technician I SWC Art Gallery Save SWC Art Gallery erosciam(@swccd.edu Bruce Coons Executive Director Save Our Heritage Organization(SOHO) bruce.coons@sohosandiego.org Supporters Katie Dolgov Director of Exhibitions & Collections Oceanside Museum of Art Katie@oma-online.org Page 175 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda rsaVESWC Art Gallery Diana Benavidez Assistant Manager of Engagement Mingei International Museum dbenavidez@mingei.org Dave Hampton Curator & Author of San Diego's Craft Revolution dave@obiectsusa.com Jennifer Donovan Visual Resource Center I Art Department Southwestern College idonovan(@swccd.edu Joanne Carrubba Adjunct Faculty I Art Department Southwestern College acarrubba@swccd.edu Jacqueline Lo Instructor I School of Arts, Communication, Design, Media Southwestern College alo@swccd.edu Nicholas Mueller Professor of Art Southwestern College nmueller@swccd.edu s ave-swca rtga I I e ry. o rg saveswcartgaIIery@gmail.com Supporters (continued) Allison Wiese Professor & Director of Visual Arts Department of Art + Architecture + Art History University of San Diego awiese@sandiego.edu Wendy Wilson -Gibson Executive Director Bonita Museum & Cultural Center directorbmcc@gmail.com Christopher Ferreria Adjunct Faculty I Art Department Southwestern College cferreria@swccd.edu Silvia Nogales Performing Arts Coordinator Southwestern College snogales@swccd.edu Walter Sutin Adjunct Faculty I Art Department Southwestern College wsutin@swccd.edu Tom Driscoll Professional Artist SWC Alumnus tdriscol@cox.net Page 176 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Artificial Turf: Consider the Sustainability Commission’s Recommendation on the Use of Artificial Turf in City-Managed Facilities Report Number: 25-0112 Location: No specific geographic location Board or Commission: Sustainability Commission 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Board/Commission Recommended Action Hear the presentation on the Sustainability Commission’s recommendation on the use of artificial turf in City-managed facilities and take action as appropriate. ATTACHMENTS None. Staff Contact: Matt Little, Deputy City Manager and Manuel Medrano, Environmental Services Manager Page 177 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda title https://gardening.stackexchange.com/ Image Credit: Frank Paemeleire, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons PLASTIC GRASS EXCESSIVE HEAT REDUCTION IN WATER QUALITY REDUCTION IN BIODIVERSITY Hayley Salazar, MA Jeanine Sharkey, MLA, PLA (CA 7086), SITES AP Page 178 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image Credit: Jeanine Sharkey©Page 179 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image Credit: Jeanine Sharkey© DROUGHT TOLERANT PLANTS TURF GRASS / LAWN ASPHALT ROAD ARTIFICIAL TURF Page 180 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 Page 181 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 Page 182 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 Page 183 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 Page 184 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 OTAY RANCH H.S. OTAY RANCH H.S. BONITA VISTA H.S.HILL TOP H.S.MUELLER CHARTER Page 185 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Averages between 140˚ - 170˚ 37˚ hotter than asphalt 86.5˚ hotter than grass Image credit: public domain, via Wikimedia Commons Image Credit: https://ga.water.usgs.go v/edu/watercycle.html, public domain, via Wikimedia CommonsPage 186 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Annual Average Maximum Temperature under a High Emissions Scenario Image credit and source: Cal-Adapt. Data: LOCA Downscaled CMIP5 Climate Projections (Scripps Institution of Oceanography), Gridded Observed Meteorological Data (University of Colorado Boulder), LOCA Derived Products (Geospatial Innovation Facility).Page 187 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda . Image Credit: 2024 Google TELEGRAPH CANYON ROAD Page 188 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image Credit: https://www.sandiegocounty.gov/content/sdc /dpw/watersheds/Watersheds.html SAN DIEGO WATERSHEDS Page 189 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda CHULA VISTA WATERSHEDS Image Credit: https://www.sandiegocounty.gov/content/sdc /dpw/watersheds/Watersheds.htmlPage 190 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda CHULA VISTA WATERSHEDS Image Credit: https://www.sandiegocounty.gov/content/sdc /dpw/watersheds/Watersheds.htmlPage 191 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image credit: ChulaVistaCA.gov https://www.chulavistac a.gov/home/showpublis heddocument/6202/635 446446621370000 Page 192 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image Credit: 2024 Google CHULA VISTA BAYSIDE PARK Page 193 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Image credit: Pacific Southwest Region USFWS from Sacramento, US, Public domain, via Wikimedia Commons NATIVE CHAPARRAL SHRUBLAND Page 194 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 195 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 196 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 197 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 198 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 199 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 200 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 201 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 202 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 203 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 204 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Benefits of fake grass Reduction in water use in the landscape Reduction in garden fertilizers Reduction in maintenance Water is still needed for cooling or cleaning purposes Trading chemicals for chemicals Loss in opportunity for exercise Page 205 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Drawbacks to fake grass Water usage to reduce temperature and make it usable Water usage to wash away bacteria Heat island effect Potential to chemical exposure Reduction in ecosystem services (drainage, bacteria breakdown, etc.) Zero biodiversity / pollinator support Removal of soil for installation & not eligible for rebates Needs replacing every 10 – 15 years Not recyclable – will head to the Otay Landfill Page 206 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Civil Code § 4735. Low Water-Using Plants and Artificial Turf. (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: (1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. (2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. (3) Has the effect of prohibiting or restricting compliance with either of the following: (A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. (B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. (etc..) Page 207 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Senate Bill No. 676 CHAPTER 498 An act to amend Section 53087.7 of the Government Code, relating to local government. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGEST SB 676, Allen. Local ordinances and regulations: drought-tolerant landscaping. Existing law prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Page 208 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Climate Adaptation Plan (2011) Climate adaptation means taking actions today to prepare for expected current and future impacts of climate change. The City of Chula Vista has long understood the risk of climate change to its community and has established itself as a leader among municipalities in planning to reduce, or mitigate, citywide greenhouse gas emissions. https://www.chulavistaca.gov/departments/clean/conservation/climate-action-plan Page 209 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda title https://gardening.stackexchange.com/ Image Credit: Frank Paemeleire, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons THANK YOU Page 210 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Housing Funds: U.S. Department of Housing and Urban Development Block Grant Programs Recommendations for 2025-2029 Consolidated Plan and Funding for 2025-2026 Annual Action Plan Report Number: 25-0083 Location: Intersection of Naples and Granja. 31 4th Avenue . All other projects are not site specific. Department: Housing and Homeless Services 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Under the National Environmental Policy Act (NEPA,) the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. Recommended Action Conduct the public hearing and receive community input on the 2025-2029 Consolidated Plan and the Fiscal Year 2025-2026 U.S. Department of Housing and Urban Development Annual Action Plan recommendations for Federal Grant funding, including the Community Development Block Grant, Emergency Solutions Grant, and the HOME Investment Partnerships Act programs. SUMMARY As a U.S. Department of Housing and Urban Development (“HUD”) Entitlement Community, the City of Chula Vista (“the City”) receives funds annually aimed to fund diverse programs and services to enhance the quality of life for Chula Vista’s most vulnerable populations. As a recipient of these funds, the City is required to develop and submit a 5-Year Consolidated Plan (“Con Plan”) for use of the funds describing the housing and community development needs of the City’s low/moderate-income residents and outlining the strategies to address those needs. In addition, the City must develop and submit an Annual Action Plan (“Action Plan”) for each of the five years of the Con Plan. Page 211 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 This Public Hearing will provide the community with an overview and an opportunity to provide input on the goals and funding priorities detailed in the 2025-2029 Five-Year Con Plan and the 2025-2026 Annual Action Plan. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing and Urban Development Environmental Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Input was solicited from the Housing and Homelessness Advisory Commission (HHAC) during their February 24, 2025 meeting. Comments received from HHAC are incorporated into the priorities of the 5 -Year Consolidated Plan. DISCUSSION As an entitlement community with HUD, the City receives annual funding under three entitlement block grant programs: Community Development Block Grant (“CDBG”), HOME Investment Partnerships Act (“HOME”), and Emergency Solutions Grant (“ESG”). The grant amounts allocated to each jurisdiction are determined using a formula based on statistical and demographic data. The purpose of this funding is to provide housing, a suitable living environment, and to expand economic opportunities principally for low- and moderate- income persons. As a recipient of these funds, the City is required to prepare a five-year Con Plan describing the housing and community development needs of the City’s low/moderate-income residents and outlining strategies to address those needs over a five-year period. The Con Plan provides the necessary policy guidance for implementation of programs and services to be funded, as further detailed in the Action Plan submitted to HUD, as the formal funding application for the respective program year. This item is inclusive of both the draft 2025-2029 Con Plan, as well as the draft fiscal year 2025-2026 Action Plan, which can be found on the City’s HUD Grants website. Attachment 1 to this staff report provides the summary of proposed funding recommendations from the 2025-2026 Action Plan. Citizen Participation through Planning Process Community Meetings Engaging residents and community members in defining and understanding the current housing and community development needs while prioritizing resources to address these needs is a key component of the development of the Con Plan. The City is required by HUD to gather input from its residents, including Page 212 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 minorities, non-English-speaking persons, low/moderate-income residents, persons with disabilities, advocates for seniors, illiterate persons, and unhoused persons, whom the grant programs are designed to serve. Public input received is used to establish the strategies and funding priorities previously described. Citizen participation has been encouraged using the City’s new public engagement software, Community Voices. A Community Voices webpage for the Con Plan was published in December 2024. This site detailed all public meetings for Con Plan Development and hosted the community needs survey that was open from December 20, 2024 to February 28, 2025. City staff also held a series of four public input meetings, one in each Council District, that allowed residents to participate directly with staff and provide their input on funding priorities. Staff advertised these meetings and the survey on social media, in the City’s newsletter and announced development of the Con Plan at meetings of the Chula Vista Community Collaborative and provided fliers and links to the Community Voices webpage to community partner organizations and representatives of traditionally difficult to reach populations. Meetings were also announced via several news outlets. A February 4th City Council public hearing and this public hearing are an additional avenue for the community to engage in the prioritization of the grant funds. A list of community input opportunities that the City hosted is summarized in Table 1. Table 1: Community Input Opportunities Meeting Date Chula Vista Community Collaborative Announcement 1/14/2025 District 3 Community Input Meeting 1/16/2025 District 1 Community Input Meeting 1/27/2025 District 2 Community Input Meeting 1/30/2025 District 4 Community Input Meeting 2/3/2025 City Council Opening Public Hearing 2/4/2025 City Economic Development Department Consultation 2/24/2025 Housing and Homelessness Advisory Commission Meeting 2/24/2025 City Engineering & Public Works Departments Consultation 2/26/2025 Feedback received in the community input meetings largely focused on public services, with residents expressing greater need for senior and youth services under this category. This differs from the previous Con Plan period during which residents prioritized homeless services. In each meeting residents stressed the need for jobs creation and economic development, which largely reflects the results of the survey detailed below. Additionally, attendees of the community input meetings consistently mentioned the need for sidewalks in portions of the City’s west side where they are missing. Participants also indicated increased need for potential HOME funded programs like rental assistance programs and construction of affordable housing. Funding priorities determined through citizen participation will be incorporated in the Con Plan through goals and outcomes that will be established and brought back to City Council for approval before final submission to HUD. Survey Results The community needs survey provided the public with the opportunity to weigh in on a variety of programs and projects that would benefit families and communities in Chula Vista. In total, 169 residents participated in the community needs survey. While up to 91% of the responses were submitted by community residents, we also heard from local businesses and social service providers. Page 213 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 4 Respondents were given priority options that fit within the HUD-eligible funding categories including: Services for Special Needs, Public Facilities, Public Services for Low Income, Infrastructure, Facilities, Services for Homeless, Affordable Housing, and Economic Development. While the responses, displayed in Figure 1, were similar to those received in 2020, there was significant increase in Economic Development needs, with this category ranking second in highest priority. Affordable Housing also increased in priority, ranking first. Each of the priority categories included specific activities and programs that would address the respective needs. Based on those results, the funding priorities for the Consolidated Plan and Annual Action Plan were established (detailed below). Survey results were markedly similar to feedback received in the community meetings. Figure 1: HUD Funding Categories Identified Priorities 2025-2029 Consolidated Plan The Con Plan also utilizes qualitative and quantitative data gathered through citizen participation, market analysis, and the community needs survey to identify the highest priority needs in which to direct entitlement dollars. The Con Plan contains a Needs Assessment and Market Analysis that provide insight into the different levels of need within the community and the market in which grant-funded programs will be implemented. The Needs Assessment incorporates national data from the American Community Survey (ACS) 5-Year Estimates and Comprehensive Housing Affordability Strategy (CHAS) data, in addition to specific local data. Based on this data and input from citizen participation, the Strategic Plan identifies the City’s priority needs, including the rationale for establishing allocation priorities and specific measurable goals to be addressed during the five-year period. Table 2 presents goals to meet these high-priority needs (ranked according to survey results) and are generally consistent with the prior Con Plan. Page 214 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 5 Table 2: 2025-2029 Draft Con Plan Prioritized Goals Rank Goal Description Activities 1 Affordable Housing Increase and preserve affordable rental and homeowner housing to improve access to housing opportunities that reflect community needs.  New construction  Acquisition  Rehabilitation  First time homebuyer assistance  Tenant-based rental assistance 2 Economic Development Enhance the City’s economic stability by investing in inclusive economic growth initiatives that develop and strengthen small businesses, employment and workforce development programs and improving access to job opportunities.  Business Financial Assistance Programs  Business Technical Assistance  Job Training 3 Address Homelessness Assist individuals and families to gain stable housing after experiencing homelessness or a housing crisis by providing appropriate housing and service solutions grounded in best practices.  Operation of emergency shelters  Homeless prevention programs  Homeless outreach  Homeless services 4 Public Services Invest in community services that promote equity and serve vulnerable populations  Services to low/moderate income: o Homeless o Veterans o Youth o Seniors o Victims of domestic violence o Special needs 5 Capital Improvement Infrastructure & Facilities Support the development of vibrant, equitable, and adaptable neighborhoods by investing in public facilities and infrastructure.  CIPs  Public Facilities All of the priorities are consistent with HUD’s national goals for the CDBG and HOME programs to provide decent housing opportunities, maintain a suitable living environment, and expand economic opportunities for low- and moderate-income residents. The Priority Needs form the basis for allocating investments in the City during the next five-year period, beginning July 1, 2025 and ending June 30, 2030. Entitlement funds will be allocated annually according to an Action Plan that will tie directly to these priorities. The first such Action Plan is detailed below. 2025-2026 Annual Action Plan As of the date of this report, HUD has not provided the City’s allocation amounts for 2025-2026 since Congress has not yet completed the appropriations process. HUD has instructed cities to continue their normal annual planning process and to submit the Action Plan once the 2025-2026 allocations have been announced. For the purposes of this report and in preparation of the Action Plan, staff will be assuming a 5% reduction from prior year funding for the CDBG, HOME, and ESG grant programs for planning purposes, as reflected in Table 3. In the event that the City receives a higher or lower allocation, staff has identified projects within the grant programs for increased or decreased funding. These projects are identified in the respective program sections below. Page 215 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 6 Table 3: 2025-2026 Anticipated Grant Funding PROGRAM ENTITLEMENT AMOUNT PRIOR YEAR (UNENCUMBERED) TOTAL AVAILABLE FOR 2025-2026 Community Development Block Grant $2,235,755 $246,155 $2,481,910 HOME Investment Partnerships Act $748,609 $0 $748,609 Emergency Solutions Grant $193,810 $0 $193,810 Total $3,178,174 $246,155 $3,424,329 Funding Requests As part of the annual Action Plan process, the City releases a Notice of Funding Availability (“NOFA”) for the three grant programs. City Staff advertised the NOFA in the Star News and El Latino newspapers, announced it at the February 4th Council Public Hearing, at local meetings such as the Chula Vista Community Collaborative, and also emailed the NOFA to all formerly funded agencies and interested parties. The NOFA was released on February 3, 2025, with a submittal deadline of March 3. Housing staff has reviewed all proposals to ensure compliance with the prescribed regulations and consistency with the City’s goals and objectives. An executive summary was prepared for each request which summarizes the requested funding level, proposed use of funds, and benefit to the community in Attachment 1 (2025-2026 Federal Grant Funding Recommendations). The federal grant funding recommendations for CDBG, HOME, and ESG are presented below. Community Development Block Grant (CDBG) For FY 2025-26, the City will utilize an estimated total of $2,481,910 of CDBG funds, which includes $246,155 in unencumbered prior year funds (these are funds previously appropriated for projects that were completed under budget). All projects considered for funding must address at least one of the three CDBG National Objectives: (1) benefit primarily low/moderate income families; (2) aid in the prevention or elimination of slums or blight; or (3) meet community needs due to a major emergency such as a natural disaster. Projects are then classified into three distinct categories: 1. Administration and Planning 2. Public Services 3. Capital Improvement Projects (“CIPs”) and Community Development Below is a summary of the funding recommendations under each respective category. 1. Administration/Planning Recommendations Funds under this category cover all City staff costs associated with the management and administration of the City's CDBG program including regulatory compliance, contract administration, subrecipient monitoring and fiscal management. This also includes preparation of the required planning documents, such as the Action Plan, the Con Plan, and the Analysis of Impediments to Fair Housing Choice. As detailed in Table 4, Federal regulations governing the CDBG program limit the amount that the City spends on administration/planning activities to 20 percent (20%) of the entitlement amount for the program year (estimated cap of $447,151 in 2025-26). Page 216 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 7 A portion of the City’s CDBG Administration-Planning allocation is allocated to the City’s Fair Housing Provider. This year, for the second time, the City received multiple applications from Fair Housing Providers. After careful and thorough review of the applications staff is proposing to contract with Legal Aid Society of San Diego due to the increased level of services and staffing that they proposed. Table 4: 2025-2026 CDBG Administration Funding Applicant Program Recommended 1 Housing and Homeless Services Department CDBG Administration/Planning $382,151 2 Legal Aid Society of San Diego Fair Housing and Tenant/Landlord Services $65,000 Total $447,151 2. Public Services Program Recommendation Funds for Public Services activities are awarded to local agencies and community organizations to implement projects and programs that improve the lives of low-income residents, including the elderly, disabled, at-risk, and persons living in homelessness. The amount of funds the City may allocate to public services is limited to fifteen percent (15%) of the annual entitlement (estimated cap of $335,363 in 2025- 2026). Staff’s funding recommendations for public service activities are based on funding prioriti es established in the Con Plan, along with application scoring and an established ranking criterion which categorizes the programs by community need (Tier I-III, with Tier I being the highest), as summarized in Table 5. Table 5: Public Services Community Need Ranking Tier I (highest) Tier II Tier III Emergency Needs: Programs that address basic, fundamental needs including shelter, food, and other commodities. Special Needs/Disabled: Programs that provide services to persons with disabilities, special needs, and who are at high-risk. Other General Services: All other services which do not fall within Tier I or II and provide general public services to low/moderate income persons. A total of seventeen public service applications were received and fourteen are being recommended for funding. All recommended funding requests are previous grant recipients and are in good standing with the City and HUD. Applications that were not selected for funding were either ineligible according to program requirements, did not align with City funding goals, or will be funded using other City resources. Summarized in Table 6 are the list of applicants, program name, requested funding, and amount of recommended funding by staff. Table 6: 2025-2026 CDBG Public Services Applicant Program Requested Recommended 3 Chula Vista Elementary School District Family Resource Center Emergency & Basic Services1 $30,000 $25,000 4 Chula Vista Housing and Homeless Services Department Hotel/Motel Voucher Program2 $25,000 $27,363 5 City of Chula Vista Parks and Rec Norman Park Senior Center $30,000 $30,000 Page 217 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 8 6 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities $20,100 $20,000 7 Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services $30,000 $30,000 8 Interfaith Shelter Network of San Diego Rotational Shelter Program $17,000 $17,000 9 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program $15,000 $15,000 10 Mama's Kitchen Home-Delivered Meal Service $10,000 $10,000 11 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services1 $30,000 $25,000 12 SBCS Corporation Family Violence Support Services $50,000 $40,000 13 SBCS Corporation Homeless Services1 $55,000 $40,000 14 SBCS Corporation South Bay Food Program1 $15,000 $11,000 15 Voices for Children Court Appointed Special Advocate (CASA) Program1 $20,000 $15,000 16 Women Initiating Success Envisioned Inc. Project Future $50,000 $30,000 Total $335,363 1The amount of funding recommended reflects previous allocations to this project. 2Should the City receive a greater or lower CDBG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. In the event that the City receives an unexpectedly large decrease in entitlement funding allocations will be reduced from subrecipients in order of rankings established in the application review period. 3. CIPs and Community Development After the Public Services and Administration activities are funded, an estimated total of $1,699,396 remains for eligible capital improvement projects, public facility improvements, and other housing/community/economic development-related activities. This includes $246,155 in unused prior year CDBG entitlement funds. The City has earmarked $695,903 for the annual Castle Park Infrastructure Section 108 debt service payment, with four years remaining on the 20-year loan term. This leaves a balance of $1,003,493 for new projects. To be considered eligible for funding within the CIP category, the project must be located in a primarily residential area designated as low/moderate income by the U.S. Census and cannot be regional in nature (serving the entire City or county region). Priority is given to those projects with the most effectiveness and the greatest feasibility by demonstrating leveraging of additional funding sources, benefit and impact to the community, and relevance to the City of Chula Vista’s Critical Needs List and/or Pedestrian Master Plan. A total of five applications, plus the loan repayment, are presented under this category and detailed in Table 7: the City’s Section 108 Loan payment, the City’s Community Housing Improvement Program (CHIP), one CIP (Naples Street & Granjas), the BOOST program offered by Upwards, formerly WeeCare Inc, and an allocation for the City to complete housing acquisition and rehabilitation. Page 218 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 9 Table 7: 2025-2026 CDBG Community Development Projects Applicant Program Recommended 17 Chula Vista Engineering Department Naples & Granjas $200,000 18 Upwards BOOST (Business Operations & Optimization Tools) $240,000 19 Chula Vista Housing and Homeless Services Department Community Housing Improvement Program $150,000 20 Chula Vista Housing and Homeless Services Department Acquisition/Rehab3 $413,493 21 Chula Vista Housing Homeless Services Department Section 108 Loan $695,903 TOTAL $1,699,396 3Should the City receive a greater or lower CDBG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project.  The Naples & Granjas project is for sidewalk gap improvements along Naples Street from just east of Broadway to just west of Third Avenue and a segment of Granjas Road north of Naples Street. The project will include installation of missing curb, gutter, and sidewalk in various locations. Per CDBG regulations, CIP projects must serve an area where at least 51% of residents are low and moderate income. Provided with a description of the project is a map illustrating the location and HUD-designated Low/Moderate Income Census Tract (shaded in yellow).  The BOOST Program offered by Upwards assists micro-enterprise in-home daycares through personalized coaching and technical assistance. Low-income business owners in Chula Vista will be assisted, increasing both the strength and income of these microenterprise daycares, while also increasing childcare options for Chula Vista residents. This program’s goals align with the City’s proposed 2025-2029 Con Plan economic development goals of business technical assistance and job creation. Upwards was previously funded in the 2024-2025 program year and demonstrates thorough knowledge of CDBG regulations, is in good standing with HUD.  The Community Housing Improvement Program has been providing low cost and forgivable loans to single family and mobile home owners for health and safety related repairs since the 1970s. This valuable program has assisted over 1,250 households, enabling homeowners to remain in place as they age and make needed home maintenance improvements. In the past two years thirteen (13) homeowners have been issued loans and another ten (10) are currently in process. Figure 2: Naples Street and Granjas Road Project Page 219 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 10  CDBG funds often serve as gap financing and leveraging for larger projects such as acquisition and rehabilitation for affordable housing. Most recently CDBG was used to leverage additional funding for the acquisition of the Palomar Motel into Permanent Supportive Housing. Home Investment Partnerships Act (HOME) HOME funds may be used to provide affordable rental housing and home ownership opportunities through: 1. New construction 2. Acquisition 3. Rehabilitation 4. First-time homebuyer assistance 5. Tenant-based rental assistance For 2025-2026, the City will utilize the HOME entitlement (estimated allocation amount of $748,609) to address the City’s housing priorities of the 2025-2029 Con Plan per Table 8. Per the HOME regulations ten percent (10%) may be used for administrative costs (estimated at $74,860) and fifteen percent (15%) of the annual allocation must be set aside to assist Community Housing Development Organizations (CHDOs) for the creation of affordable housing units (estimated minimum of $112,292 in 2025-2026). Should these funds not be utilized in a timely manner for this specific purpose, these funds would be recaptured by HUD and would be unavailable to the City. The City will allocate this year’s 15% towards “Production of Affordable Housing”, with the intend to award funds to an affordable housing developer identified through an open Notice of Funding Availability or Request for Proposal process. The remainder of funds will be utilized for the City’s own tenant-based rental assistance. Table 8: 2025-2026 HOME Projects Applicant Program Recommended 25 Chula Vista Housing and Homeless Services Department HOME Planning and Administration $74,860 26 Chula Vista Housing and Homeless Services Department Production of Affordable Housing4 $112,292 27 Chula Vista Housing and Homeless Services Department Tenant-Based Rental Assistance5 $561,457 TOTAL $748,609 4CHDO funding set-aside (15% of HOME entitlement). 5Should the City receive a greater or lower HOME entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. Emergency Solutions Grant (ESG) Chula Vista will receive an estimated $193,810 in ESG entitlement funds for 2025-2026. ESG funds may be used to provide homeless services through: 1. Homeless Prevention 2. Rapid Re-Housing (rental assistance) 3. Street Outreach 4. Emergency Shelter 5. Homeless Management Information Systems (“HMIS”) The City received one proposal for ESG; an application from SBCS Corporation for operations of the Casa Nueva Vida shelter. SBCS is a previous grant recipient and is in good standing with the City and HUD. The Page 220 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 11 remaining funds will be earmarked for Planning and Administration Costs (7.5% of the entitlement, or an estimated $14,535 in 2025-2026), and Homeless Prevention Services, as detailed in Table 9. The Homeless Prevention program will be administered by Housing staff in the form of a rental arrears program, which has been a critical resource for retaining people in their current housing when they have a temporary decrease in income. Table 9: 2025-2026 ESG Projects Applicant Program Recommended 22 Housing and Homeless Services Department ESG Planning and Administration $14,535 23 Housing and Homeless Services Department Homeless Prevention Program6 $109,275 24 SBCS Corporation ESG - Casa Nueva Vida $70,000 TOTAL $193,810 6Should the City receive a greater or lower ESG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. Conclusion and Next Steps While the ESG and the HOME programs were designed to meet very specific objectives, the CDBG program allows flexibility in the type of activities it funds. This allows the City to leverage its CDBG funds with ESG and HOME funds to maximize the impact of the grant funding to meet the housing needs of the lower income community. As the cost of housing has increased year after year, far outpacing income growth, housing has become increasingly unaffordable to more members of the community. The City’s Housing and Homeless Services Department continues to pursue funding opportunities to leverage with available Housing funds, including HOME, to develop affordable housing projects and programs. Staff recommends that the City Council conduct the public hearing to solicit input from the community on the 2025-2029 5-Year Con Plan and 2025-2026 Action Plan funding recommendations presented. The plans were both released on the City’s federal grant webpage for the required 30-day review, the comment period began on April 1, 2025 and will close May 1, 2025. Staff will incorporate all public comments into the final Action Plan, anticipated to be brought forward for City Council consideration on May 6, 2025. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the Naples Street & Granjas Road CIP which is the subject of this action. It was determined that Mayor John McCann has real property holdings within 500 feet of the boundaries of the property located at 31 4th Avenue which is also subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 221 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 12 CURRENT-YEAR FISCAL IMPACT There are no current year fiscal impacts to the General Fund as a result of this action. At this time, Council is reviewing the funding allocation requests for CDBG, HOME, and ESG funds. Appropriations for the proposed CDBG, HOME and ESG programs will be requested at a later date. In the remote event that HUD should withdraw the City's CDBG, HOME, and ESG funding, the Agreements/Memorandum of Understandings provide that the City is not obligated to compensate subrecipients or City Departments for program expenditures. Recommended funding allocations are summarized below. Community Development Block Grant (CDBG) Public Services $335,363 CDBG Administration and Planning $447,151 Section 108 Loan Payment $695,903 Capital Improvement and Housing $1,003,493 Subtotal $ 2,481,910 Home Investment Partnerships Act (HOME) HOME Planning and Administration $74,860 Affordable Housing Projects/Programs $673,749 Subtotal $748,609 Emergency Solutions Grant (ESG) ESG Administration and Planning $14,535 Shelter Services $70,000 Homeless Prevention and Rapid Re-Housing $109,275 Subtotal $193,810 TOTAL CDBG, HOME and ESG $3,424,329 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS 1. 2025-2026 Federal Grant Funding Recommendations Staff Contact: Dania Gonzalez, Principal Management Analyst Mark Barnard, Management Analyst II Page 222 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda FEDERAL GRANT ENTITLEMENT PROGRAMS CDBG|HOME|ESG 2025/2026 2025/2026 Federal Grant Funding Recommendations The City released a Notice of Funding Availability for the CDBG, HOME and ESG grant programs. The Executive Summaries include an application summary for each of the funding requests. ATTACHMENT NO. 1 Page 223 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Tab Organization Project/Program Name Funding 1.00 Chula Vista Housing Department CDBG Planning and Administration $382,151 2.00 Legal Aid Society of San Diego Fair Housing and Tenant/Landlord $65,000 Subtotal $447,151 CDBG PUBLIC SERVICES 3.00 Chula Vista Elementary School District Family Resource Center Emergency & Basic Services $25,000 4.00 Chula Vista Housing Department Hotel/Motel Voucher Program $27,363 5.00 City of Chula Vista Parks and Rec Norman Park Senior Center $30,000 6.00 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities$20,000 7.00 Family Health Centers of San Diego Mobile Medical Services $30,000 8.00 Interfaith Shelter Network of San Diego Rotational Shelter Program $17,000 9.00 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program $15,000 10.00 Mama's Kitchen Home-Delivered Meal Service $10,000 11.00 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services $25,000 12.00 SBCS Corporation Family Violence Support Services $40,000 13.00 SBCS Corporation Homeless Services $40,000 14.00 SBCS Corporation South Bay Food Program $11,000 15.00 Voices for Children Court Appointed Special Advocate (CASA) Program $15,000 16.00 Women Initiating Success Envisioned Inc. Project Future $30,000 Subtotal $335,363 17.00 Chula Vista Engineering Division Naples & Granjas Sidewalk Project $200,000 18.00 Chula Vista Housing Department Community Housing Improvement Program $150,000 19.00 Chula Vista Housing Department Acquisition/Rehab $413,493 20.00 Chula Vista Housing Department Section 108 Loan $695,903 21.00 Upwards WeeCare $240,000 Subtotal $1,699,396 22.00 Chula Vista Housing Department ESG Planning and Administration $14,535 23.00 Chula Vista Housing Department Homeless Prevention - Rental Arrears $109,275 24.00 SBCS Corporation ESG - Casa Nueva Vida $70,000 Subtotal $193,810 25.00 Chula Vista Housing Department HOME Planning and Administration $74,860 26.00 Chula Vista Housing Department Production of Affordable Housing (CHDO Set Aside) $112,292 27.00 Chula Vista Housing Department Tenant Based Rental Assistance $561,457 Subtotal $748,609 Resources CDBG $2,235,755 Unused Prior Year CDBG $246,155 ESG $193,810 HOME $748,609 Grant Funding (2025-2026) $3,424,329 HOME PROGRAMS FEDERAL GRANT SPENDING PLAN CDBG | ESG | HOME 2025-2026 CDBG ADMINISTRATION AND PLANNING CDBG CAPITAL IMPROVEMENT AND COMMUNITY DEVELOPMENT ESG PROGRAMS Page 224 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #1: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: CDBG Planning and Administration Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's CDBG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $382,151 Amount Recommended: $382,151 Page 225 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #2: Legal Aid Society of San Diego 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Legal Aid Society of San Diego Project | Program: Fair Housing Services Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This is the City's allocated funding for Fair Housing Services. Fair Housing Services include education, counseling, testing, legal referrals, advice, mediation & enforcement activities to ensure that all Chula Vista residents have equal access to safe, decent and affordable housing. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): Low/Moderate Income Clientele (LMC) General Low/Mod Residents HUD Eligibility Matrix Code: 21D - Fair Housing Activities Proposed Number to Serve: 225 FUNDING Applicant Funding Request: $65,000 Amount Recommended: $65,000 Page 226 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #3: Chula Vista Elementary School District 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Elementary School District Project | Program: Family Resource Center Emergency & Basic Services Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Chula Vista Community Collaborative, through their five Family Resource Centers, on school campuses, will assist families with emergency food and/or grocery store gift cards, and assist with CalFresh applications, recertification and SR7 reports; provide clothing, uniforms, or ancillary services such as transportation assistance, diapers, blankets, and formula; and provide housing navigation or application assistance. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: 05 - Public Services (General) Proposed Number to Serve: 100 FUNDING Applicant Funding Request: $30,000 Amount Recommended: $25,000 Page 227 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #4: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Hotel/Motel Voucher Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: As the number of homeless in the region increase, the number of shelters continue to have limited space and are often at capacity. This program offers a temporary solution to this problem by providing hotel/motel vouchers to homeless individuals and families. The participants must be willing to participate in case management with one of the City's service providers during the transitional phase into permanent, stable housing. Chula Vista Goal/Objective: Public Services HUD National Objective (Target Population): Low/Moderate Income Clientele: Homeless Homeless persons (must meet HUD definitions) HUD Eligibility Matrix Code: 03T - Operating Costs (Homeless Programs) Proposed Number to Serve: 5 FUNDING Applicant Funding Request: $25,000 Amount Recommended: $27,363 Page 228 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #5: City of Chula Vista Parks and Recreation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: City of Chula Vista Parks and Recreation Project | Program: Norman Park Senior Center Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The grant funds will focus on the wellbeing of elderly residents by providing a number of opportunities for fun, educational, health and fitness, socialization, skill building, and activities that will increase the quality of life for the elderly residents. The public services being offered to the elderly will include educational workshops, creative enrichment activities, free or low costs fitness classes, social and brain enriching activities, support groups, and civic engagement through volunteerism Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Elderly persons 62 years or older HUD Eligibility Matrix Code: 05A - Senior Services Proposed Number to Serve: 305 FUNDING Applicant Funding Request: $30,000 Amount Recommended: $30,000 Page 229 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #6: City of Chula Vista Parks and Recreation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: City of Chula Vista Parks and Recreation Project | Program: Therapeutic Recreation Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The CDBG funds will be used for the direct service delivery of recreational programs, camps, classes and special events to presumed benefit adults ages 18+ with severe disabilities. These Therapeutic Recreation programs will be held at City recreation and aquatic facilities throughout the City of Chula Vista. The program sites will operate year-round to accommodate all levels and interests of adults with severe disabilities. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Severely disabled HUD Eligibility Matrix Code: 05B - Handicapped Services Proposed Number to Serve: 52 FUNDING Applicant Funding Request: $20,000 Amount Recommended: $20,000 Page 230 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #7: Family Health Centers of San Diego, Inc. 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Family Health Centers of San Diego, Inc. Project | Program: Mobile Medical Units Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: FHCSD's Mobile Medical Unit (MMU) is a licensed clinic providing primary healthcare, preventative care, immunizations, referrals, and insurance assistance to persons with low and moderate income, including homeless individuals and families in San Diego County's most impoverished neighborhoods. The MMU program eliminates significant barriers for patients who lack transportation, are uninsured, have mental health issues, or do not have access to medical care in their immediate area. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Homeless persons HUD Eligibility Matrix Code: 05M - Health Services Proposed Number to Serve: 146 FUNDING Applicant Funding Request: $30,000 Amount Recommended: $30,000 Page 231 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #8: Interfaith Shelter Network 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Interfaith Shelter Network Project | Program: Rotational Shelter Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The project will provide seasonal, night-time emergency shelter to homeless low-to-moderate income families and individuals and services to assist moving individuals and families towards transitional or permanent housing. Shelter guests are referred to agency staff or sub-contracted social service agencies for intake, screening, and on-going case management. Chula Vista Goal/Objective: Homelessness: Project and Programs HUD National Objective (Target Population): Low Moderate Clientele (LMC) Homeless persons HUD Eligibility Matrix Code: 03T - Operating Costs (Homeless Programs) Proposed Number to Serve: 30 FUNDING Applicant Funding Request: $17,000 Amount Recommended: $17,000 Page 232 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #9: Jacobs & Cushman San Diego Food Bank 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Jacobs & Cushman San Diego Food Bank Project | Program: Food for Kids Backpack Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Food 4 Kids Backpack Program (F4KBP) provides food to elementary school children who receive free/reduced-price school meals during the week but risk hunger during the weekends when school meals are unavailable. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: 05D - Youth Services Proposed Number to Serve: 75 FUNDING Applicant Funding Request: $15,000 Amount Recommended: $15,000 Page 233 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #10: Mama's Kitchen 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Mama's Kitchen Project | Program: Medically Tailored Meal Service Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Medically Tailored Meal Service in Chula Vista provides three medically tailored meals, each day of the year, to LMI City of Chula Vista residents who face malnutrition due to the physiological and psychological effects of HIV, cancer, heart failure, diabetes, or kidney disease. Chula Vista Goal/Objective: Public Services HUD National Objective (Target Population): Low/Moderate Income Clientele (LMC) Elderly Persons (62 and older) HUD Eligibility Matrix Code: 05-Z (Other Public Services) Proposed Number to Serve: 132 FUNDING Applicant Funding Request: $10,000 Amount Recommended: $10,000 Page 234 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #11: Meals-on-Wheels Greater San Diego, Inc. d.b.a. Meals on Wheels San Diego County 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Meals-on-Wheels Greater San Diego, Inc. d.b.a. Meals on Wheels San Diego County Project | Program: Senior Meal Delivery & Supportive Services Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This project will serve seniors in the City of Chula Vista with up to two nutritious meals a day, accompanied by safety checks, social visits, care navigator support, and follow-up care. All meals are reduced-sugar,- sodium, and fat and include a Latin, easy-to-chew, vegetarian, renal-friendly, and gluten-friendly menu options. Every client is provided with (a minimum) 60% subsidy for all services, and further subsidies are provided to those with greater financial need. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Elderly persons 62 years or older HUD Eligibility Matrix Code: 05A - Senior Services Proposed Number to Serve: 237 FUNDING Applicant Funding Request: $30,000 Amount Recommended: $25,000 Page 235 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #12: SBCS Corporation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: Family Violence Support Services Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Family Violence Treatment Program provides therapeutic counseling and crisis intervention services to adult and children victims of family violence. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Battered spouses HUD Eligibility Matrix Code: 05G - Services for Battered and Abused Spouses Proposed Number to Serve: 300 FUNDING Applicant Funding Request: $50,000 Amount Recommended: $40,000 Page 236 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #13: SBCS Corporation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: Homeless Services Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Homeless Services Program combines outreach, assessment and housing placement through emergency shelter, hotel/motel vouchers during inclement weather, transitional housing, and rapid rehousing/tenant-based rental assistance. Through the expansion of these services, SBCS will be able to outreach, screen and assess more individuals/families, leading to greater rate of placement, and less time spent on the streets. Chula Vista Goal/Objective: Homelessness: Project and Programs HUD National Objective (Target Population): Low Moderate Clientele (LMC) Homeless persons HUD Eligibility Matrix Code: 03T - Operating Costs (Homeless Programs) Proposed Number to Serve: 40 FUNDING Applicant Funding Request: $55,000 Amount Recommended: $40,000 Page 237 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #14: SBCS Corporation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: South Bay Food Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The South Bay Food Program serves low income families in predominately Western Chula Vista, including children, adults and senior citizens, many of whom are DV Victims, Abused Children and homeless or at risk of homelessness. In addition to food, Food Program participants are provided with nutrition information, education, resources, and access to SBCS’ wraparound continuum of services. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: 05 - Public Services (General) Proposed Number to Serve: 300 FUNDING Applicant Funding Request: $15,000 Amount Recommended: $11,000 Page 238 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #15: Voices for Children 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Voices for Children Project | Program: Court Appointed Special Advocate (CASA) Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: VFC requests a grant funding for the Court Appointed Special Advocate (CASA) program in the City of Chula Vista. An estimated 300 Chula Vista children will spend time in foster care during FY 2025-26. VFC will assess the case of each child and provide advocacy services to a children with the most urgent needs, including children whose services will be funded by a grant from the City of Chula Vista CDBG program. Chula Vista Goal/Objective: Social Services Programs (Other than specific to homless) HUD National Objective (Target Population): Low Moderate Clientele (LMC) Abused children HUD Eligibility Matrix Code: 05D - Youth Services Proposed Number to Serve: 8 FUNDING Applicant Funding Request: $20,000 Amount Recommended: $15,000 Page 239 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #16: Women Initiating Success Envisioned Inc. 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Women Initiating Success Envisioned Inc. Project | Program: Project Future Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Project Future will provide support for women transitioning out of the justice system focusing on four different areas: education, employment, psycho-social development, and Financial Literacy. WISE’s goal is to improve and alter behavioral methods to prepare these women for a safe and stabilized transition of reentry into their communities. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: 60 FUNDING Applicant Funding Request: $50,000 Amount Recommended: $30,000 Page 240 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #17: Chula Vista Engineering Division 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Engineering Division Project | Program: Naples & Granjas Sidewalk Project Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Naples & Granjas project is for sidewalk gap improvements along Naples Street from just east of Bradway to just west of Third Avenueand a segment of Granjas Road north of Naples Street. The project will include installation of missing curb, gutter, and sidewalk in various locations. Chula Vista Goal/Objective: Capital Improvement and Public Facilities HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: 03L - Sidewalks Proposed Number to Serve: 9655 FUNDING Applicant Funding Request: $200,000 Amount Recommended: $200,000 Page 241 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #18: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Community Housing Improvement Program Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Community Housing Improvement Program (CHIP) offers loan funds for eligible mobilehome and single-family homes owners to make health and safety related repairs. Chula Vista Goal/Objective: Affordable Housing HUD National Objective (Target Population): Low Moderate Clientele (LMC) General Low/Mod Residents HUD Eligibility Matrix Code: 14A - Rehab; Single-Unit Res Proposed Number to Serve: 30 FUNDING Applicant Funding Request: $150,000 Amount Recommended: $150,000 Page 242 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #19: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Acquisition/Rehab Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the acquision and rehabilitation of a housing units for the purpose of providing affordable housing opportunities to very low income households. Chula Vista Goal/Objective: Affordable Housing/Homeless Programs HUD National Objective (Target Population): Low/Moderate Income Housing (LMH) Low/Moderate Households HUD Eligibility Matrix Code: 01 (Acquisition of Real Property) Proposed Number to Serve: 5 FUNDING Applicant Funding Request: $0 Amount Recommended: $413,493 Page 243 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #20: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Section 108 Loan Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the debt service payment of the $9.5million Section 108 Loan, received in 2008 for the Castlepark Infrastructure Program. The project consisted of completion of 11 new streets, including: sidewalks, curbs, gutters, lighting and signage. This represents year seventeen of the twenty year term loan. Chula Vista Goal/Objective: Capital Improvement Projects HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: 19-F (Planned Repayment of Section 108 Loan) Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $695,902.83 Amount Recommended: $695,903 Page 244 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #21: Upwards Inc. 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Upwards Inc. Project | Program: Boost Grant Program: CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The BOOST Program assists small in-home daycares, offering personalized coaching and technical tools for sustainable growth. Targeting facilities with under 5 staff for children 0-13, the program focuses on professional guidance, operational efficiency, and digital tooling over 12 months. The goal is to enhance economic opportunities for childcare entrepreneurs through essential skills and tools, covering marketing, enrollment, billing, and more, thus supporting LMI families and promoting job stability. Chula Vista Goal/Objective: Economic Development HUD National Objective (Target Population): Low Moderate Clientele (LMC) General Low/Mod Residents HUD Eligibility Matrix Code: 18C - Micro-Enterprise Assistance Proposed Number to Serve: 30 FUNDING Applicant Funding Request: $240,000 Amount Recommended: $240,000 Page 245 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #22: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: ESG Planning and Administration Grant Program: ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's ESG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $14,535 Amount Recommended: $14,535 Page 246 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #23: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Homeless Prevention - Rental Arrears Grant Program: ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Homeless Prevention Program combines outreach, assessment and housing placement through emergency shelter, hotel/motel vouchers during inclement weather, transitional housing, and rapid rehousing/tenant-based rental assistance. Through the expansion of these services, SBCS will be able to outreach, screen and assess more individuals/families, leading to greater rate of placement, and less time spent on the streets. Chula Vista Goal/Objective: Homelessness: Project and Programs HUD National Objective (Target Population): Low/Moderate Income Clientele: Homeless Homeless persons HUD Eligibility Matrix Code: 05S - Rental Housing Subsidies Proposed Number to Serve: 11 FUNDING Applicant Funding Request: $141,832 Amount Recommended: $109,275 Page 247 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #24: SBCS Corporation 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: Casa Nueva Vida Grant Program: ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: SBCS’ Casa Nueva Vida I offers the only short-term shelter/housing program for homeless families (with children) in the South Bay region, including victims of domestic violence. Staff utilize a comprehensive strengths-based assessment and an individualized treatment plan, to include any number of services including case management, counseling, employment assistance, childcare, etc. so each client can work to re-establish a self-sufficient lifestyle free from homelessness. Chula Vista Goal/Objective: Homelessness: Project and Programs HUD National Objective (Target Population): Low/Moderate Income Clientele: Homeless Battered spouses HUD Eligibility Matrix Code: 03T - Operating Costs (Homeless Programs) Proposed Number to Serve: 97 FUNDING Applicant Funding Request: $180,460 Amount Recommended: $70,000 Page 248 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #25: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: HOME Planning and Administration Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's HOME program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $74,860 Amount Recommended: $74,860 Page 249 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #26: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Production of Affordable Housing (CHDO Set Aside) Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This is the City's required 15% HOME Community Housing Decelopment Organization (CHDO) set aside that will be used for the production of affordable housing. Chula Vista Goal/Objective: Affordable Housing HUD National Objective (Target Population): Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents HUD Eligibility Matrix Code: N/A Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $112,292 Amount Recommended: $112,292 Page 250 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project #27: Chula Vista Housing Department 2025-2026 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Tenant Based Rental Assistance Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Tenant Based Rental Assistance Program (TBRA) will provide low income Chula Vista families (at or below 60% AMI), including those who are homeless/at-risk of homelessness, and those experiencing domestic violence through a combination of rental assistance, intensive case management, and supportive services to assist them to attain safe, stable housing and economic self-sufficiency. Chula Vista Goal/Objective: Homelessness: Project and Programs HUD National Objective (Target Population): Low/Moderate Income Clientele: Homeless Homeless persons HUD Eligibility Matrix Code: 5S – Rental Housing Subsidies Proposed Number to Serve: N/A FUNDING Applicant Funding Request: $0 Amount Recommended: $561,457 Page 251 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 8.1 Public Hearing: HUD Federal 2025 -2026 Grants Programs Presented by: Dania Gonzalez, Principal Management Analyst Mark Barnard, Management Analyst II Page 252 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES •Solicit public input on Chula Vista’s housing and community development needs and 2025/29 HUD Entitlement Grant 5-Year Consolidated Plan •Provide Funding Recommendations for Program Year 2025/26 and open for public comment Purpose of Public Hearing Page 253 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HUD Planning Requirements 2025-2029 Consolidated Plan (ConPlan) 2025-2026 Annual Action Plan 2026-2027 Annual Action Plan 2027-2028 Annual Action Plan 2028-2029 Annual Action Plan 2029-2030 Annual Action Plan Page 254 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 5-Year Consolidated Plan: Process Meeting Date Chula Vista Community Collaborative Announcement 1/14/2025 District 3 Community Input Meeting 1/16/2025 District 1 Community Input Meeting 1/27/2025 District 2 Community Input Meeting 1/30/2025 District 4 Community Input Meeting 2/3/2025 City Council Opening Public Hearing 2/4/2025 City Economic Development Department Consultation 2/24/2025 Housing and Homelessness Advisory Commission Meeting 2/24/2025 City Engineering & Public Works Departments Consultation 2/26/2025 Page 255 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 5-Year Consolidated Plan: Results Page 256 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 5-Year Consolidated Plan: Priorities Affordable Housing •New construction •Acquisition •Rehabilitation •First-time homebuyer assistance •Tenant -based rental assistance Economic Development •Business financial assistance programs •Business technical assistance •Job training Address Homelessness •Operation of emergency shelters •Homeless prevention programs •Homeless outreach •Homeless services Public Services •Public Services to Low/Moderate Income including the following populations: o Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled etc. Capital Improvement Infrastructure & Facilities •CIPs •Public facilities Page 257 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Total: $3,178,174 (Combined Estimate) 2025-2026 Annual Action Plan (25 -26 AAP) CDBG HOME ESG Page 258 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 25-26 AAP Recommendations: Summary Community Development Block Grant (CDBG) CDBG Administration and Planning (20%)$447,151 Public Services (15%)$335,363 Capital Improvement and Housing $1,003,493 Section 108 Loan Payment $695,903 Subtotal $2,481,910 Home Investment Partnerships Act (HOME) HOME Planning and Administration (10%)$74,860 Production of Affordable Housing (15% CHDO Set Aside)$112,292 Chula Vista Tenant Based Rental Assistance $561,457 Subtotal $748,609 Emergency Solutions Grant (ESG) ESG Administration and Planning $14,535 Shelter Services $70,000 Homeless Prevention $109,275 Subtotal $193,810 TOTAL CDBG, HOME and ESG $3,178,174 Page 259 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Fair Housing Services •Greatest level of services to be provided out of all applicants •Currently providing fair housing services for cities of Carlsbad, Del Mar, Escondido, San Diego, San Marcos & San Diego County •Office located within Molina Resource Center (Palomar St.) •LASSD already receives a high volume of calls and referrals from CV •Third highest number of housing related calls from Cities in 2024 Page 260 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 25-26 AAP Recommendations: CDBG – Public Service (15%) APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Elementary School District Family Resource Center Emergency & Basic Services $ 25,000 Chula Vista Housing Department Hotel/Motel Voucher Program $ 27,363 City of Chula Vista Parks and Rec Norman Park Senior Center $ 30,000 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities $ 20,000 Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services $ 30,000 Interfaith Shelter Network of San Diego Rotational Shelter Program $ 17,000 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program $ 15,000 Mama's Kitchen Home-Delivered Meal Service $ 10,000 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services $ 25,000 SBCS Corporation Family Violence Support Services $ 40,000 SBCS Corporation Homeless Services $ 40,000 SBCS Corporation South Bay Food Program $ 11,000 Voices for Children Court Appointed Special Advocate (CASA) Program $ 15,000 Women Initiating Success Envisioned Inc.Project Future $ 30,000 Subtotal $ 335,363 Page 261 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Oral Health Education (Pearl Transit Corp ) •Education provided by County & Health Centers •No direct services Hunger Free Chula Vista (San Diego Hunger Coalition) •No direct services Work for Hope (McAlister) •Funded by Opioid Settlement Funds through June 30, 2026 Applications Not Recommended for Funding Page 262 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 25-26 AAP Recommendations: CDBG – Capital Improvement Projects APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Engineering Division Naples & Granjas $ 200,000 Upwards BOOST (Business Operations & Optimization Tools)$ 240,000 Chula Vista Housing Department Community Housing Improvement Program $ 150,000 Chula Vista Housing Department Acquisition/Rehab $ 413,493 Chula Vista Housing Department Section 108 Loan $ 695,903 Subtotal $ 1,699,396 Naples Street and Granjas Road Page 263 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES 25-26 AAP Recommendations: ESG & HOME APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Housing Department ESG Planning and Administration $ 14,535 Chula Vista Housing Department Homeless Prevention $ 109,275 SBCS Corporation ESG - Casa Nueva Vida $ 70,000 Subtotal $193,810 APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Housing Department HOME Planning and Administration $ 74,860 Chula Vista Housing Department Production of Affordable Housing (15% CHDO Set Aside)$ 112,292 Chula Vista Housing Department Tenant-Based Rental Assistance $ 561,457 Subtotal $ 748,609 ESG Recommendations HOME Recommendations Page 264 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Tenant-Based Rental Assistance (SBCS Corporation) •Technical issues with FY25/26 grant application •$400,000 in funding still available from FY24/25 contract •Currently serving 22 clients City Considerations & Recommendation •Fund availability •City currently prioritizing shelter clients for TBRA •Final FY 25/26 Action Plan to incorporate % for SBCS TBRA Additional Considerations for Funding Page 265 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Next Steps Public Comment Period (April 1st – April 30th, 2025) Prepare final 2025-2029 ConPlan & 2025/2026 Annual Action Plan Return to Council in May for Con Plan & Action Plan approval and submittal to HUD Submit final ConPlan & Annual Action Plan to HUD Page 266 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda HOUSING & HOMELESS SERVICES Public Hearing 2025-2026 HUD Federal Grant Programs Page 267 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Regional Transportation Improvement Program: Amend the Transnet Local Street Improvement Program of Projects for Fiscal Years 2024-25 Through 2028-29 Report Number: 25-0036 Location: No specific geographic location Department: Engineering 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 Conduct the public hearing and adopt a resolution approving the proposed amendments to the TransNet Local Street Improvement Program of projects for fiscal years 2024-25 through 2028-29. SUMMARY The San Diego Association of Governments (SANDAG) is accepting submittal requests for an amendment to the Regional Transportation Improvement Program (RTIP). SANDAG provided its member agencies with new financial projections for fiscal years 2024-25 through 2028-29. Staff recommends several administrative adjustments to transfer TransNet funds allocated to Capital Improvement Program (CIP) projects. 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 activity consists of governmental Regional Transportation Improvement Program/ TransNet funds activity, which does not involve any commitment to any specific project that may result in a potentially significant physical impact on 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. Although environmental review is not required at this time, once Page 268 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 the scope of potential individual projects has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The 2025 Regional Transportation Improvement Program (RTIP) includes a program of projects and expenditures for fiscal years (“FY”) 2025 through 2029. The City participates in the Local Street Improvement Program portion of the overall RTIP. On February 19, 2025, SANDAG provided the member agencies with an updated TransNet Revenue Forecast - Local Street Improvement Program – Estimates for FY 2025 to FY 2030 (Attachment 1). These are conservative estimates for planning purposes. The fiscal year 2024-25 projected revenue is currently estimated to be $9,272,000, which reflects an increase of $31,000 from the previous projection provided on February 2, 2024. Revenues for future fiscal years have changed approximately 1% for each year. A summary of the Estimated TransNet Allocation and the City projects currently programmed for TransNet funding are shown on Attachment 2. Amounts shown for future fiscal years are estimated and will be revised in the future as projected revenues are updated and specific project locations are identified. In addition to programming adjustments due to revisions in projected revenues, a list of Administ rative Transfers also require approval with this current amendment. Administrative Modifications An administrative modification is a minor change to the SANDAG Program of Projects that typically involves revisions of project description (without changing project scope) and/or revisions in funding amounts programmed in the project (limited to the lesser of 40% of the total project cost or $10 million). Transfers above these limits must be performed as a Formal Amendment with City Council resolution. The proposed resolution is associated with a Formal Amendment process. This action is intended to either reallocate leftover funds allocated to CIP projects that have been completed or to transfer money from one CIP project to another within the same SANDAG project number (MPO ID). These transfers will have a minimal effect on the balance between Congestion Relief and Maintenance projects and are strictly administrative to address SANDAG’s project accounting. In the case where the City is transferring money between differing MPO ID’s, the City must ensure that the overall balance between Congestion Relief and Maintenance projects for the City’s entire program still complies with SANDAG requirements. In both cases, all involved funds have already been budgeted in the current Capital Improvement Program so no appropriation is required. Attachment 3 provides details of these transfers. 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.). Page 269 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal year impact resulting from the revised revenue estimates for fiscal years 2024- 25 through 2028-29. ONGOING FISCAL IMPACT The updated revenue estimates for fiscal years 2024-25 through 2028-29 will be incorporated into future Capital Improvement Project budgets. ATTACHMENTS 1. TransNet Revenue Forecast 2. Estimated TransNet Allocation 3. RTIP Administrative Transfers Staff Contact: Eddie Flores, Assistant Director of Engineering and Capital Projects Patrick C. Moneda, Principal Civil Engineer Ramon Esquer, Senior Civil Engineer Page 270 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda RESOLUTION NO. ______________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2024-25 THROUGH 2028-29 WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHER EAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation project s eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2024-25 through 2029-30; and WHEREAS, the City of Chula Vista approved its 2025 TransNet Local Street Improvement Program of Projects (POP) on June 11, 2024 and the City of Chula Vista desires to make adjustments to its Program of Projects, as shown on the attached tables (Exhibits A and B); and WHEREAS, the City of Chula Vista has held a public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Year 2024-25 through 2028-29, as reflected in Exhibits A and B, and authorizes the Mayor, or City Manager, to submit such amendment to SANDAG, as requested or required by SANDAG. BE IT FURTHER RESOLVED that the City of Chula Vista requests that SANDAG make the following changes to its 2025 POP (the “Amendment”) as programmed in the 2025 RTIP. BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Chula Vista’s public hearing process for the Amendment. Page 271 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista’s TransNet funded projects. Presented by Approved as to form by Matthew Little, PE Marco A. Verdugo Deputy City Manager/ Director of Engineering City Attorney & Capital Projects Page 272 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Exhibit A RTIP Amendment FY 2024 Administrative Transfers FROM TO MPO ID Project Amount MPO ID Project Amount CHV77 TRF0395 556$ CHV88 STL0464 $556 CHV82 STL0420 4,545$ CHV88 STL0464 $4,545 CHV84 TRF0404 3,467$ CHV88 STL0464 $3,467 Page 273 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda MPO ID Traffic Signal System Optimization (RAMS, TRF0337, TRF0350, TRF0354)CHV39 $635,500 $665,500 $420,000 $420,000 $300,000 $300,000 Pavement Major Rehabilitation Program (Overlays/ Reconstruct) (STM0404,STM0416)CHV48 $5,746,500 $5,887,336 $6,225,000 $6,469,000 $6,907,000 $7,253,000 New Sidewalk Improvements (TRF0414)CHV58 $50,000 $50,000 $300,000 $300,000 $300,000 $300,000 Traffic Signal Upgrades (TRF0443)CHV60 -$492,803 $200,000 $200,000 $200,000 $200,000 Raised Median Improvements (TRF0415)CHV79 $125,000 $30,000 ---- $6,557,000 70.7%$7,125,639 76.6%$7,145,000 75.7%$7,389,000 76.3%$7,707,000 77.1%$8,053,000 77.9% $6,490,400 70.0%$6,512,800 70.0%$6,604,500 70.0%$6,775,300 70.0%$6,997,900 70.0%$7,240,100 70.0% Pavement Rehabilitation Program (CTY0219,STL0463,STL0471)CHV06 $640,000 $420,000 $900,000 $900,000 $900,000 $900,000 Advanced Planning Studies (CTY0202,CTY0232)CHV22 $110,000 $110,000 $200,000 $200,000 $200,000 $200,000 School Zone Traffic Calming Program (TRF0345)CHV33 $200,000 $200,000 $100,000 $100,000 $100,000 $100,000 Neighborhood Traffic/Ped Safety Program (TRF0327, TRF0411, TRF0429, TRF0436, TRF0438)CHV34 $725,000 $150,129 $250,000 $250,000 $250,000 $250,000 Traffic Signing, Studies and Signal Upgrade (STM0369, TRF0332, TRF0366, TRF0421)CHV35 $550,000 $475,000 $550,000 $550,000 $550,000 $550,000 Traffic Monitoring Program (TRF0274, TRF0321)CHV45 $40,000 $10,000 $40,000 $40,000 $40,000 $40,000 Storm Drain and Bridge Culvert Repair (DRN0217)CHV50 - $325,000 ---- ADA Curb Ramps Program (STL0454,STL0475,STL0479)CHV75 $450,000 $488,232 $250,000 $250,000 $250,000 $250,000 $2,715,000 29.3%$2,178,361 23.4%$2,290,000 24.3%$2,290,000 23.7%$2,290,000 22.9%$2,290,000 22.1% FY 2029-30 $10,343,000 $10,343,000 FY 2028-29 $9,997,000 $9,997,000 Exhibit B FY 2024-25PROJECT MA I N T E N A N C E Minimum Required Congestion Relief CO N G E S T I O N R E L I E F FY 2025-26 $9,304,000 $9,679,000 $9,679,000 FY 2026-27 $9,435,000 ESTIMATED TRANSNET ALLOCATION - FY 2024-25 THROUGH FY 2029-30 FY 2027-28 *TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2025 to FY2030) dated 2/19/2025 (Congestion Relief) SUBTOTAL $9,272,000 (Maintenance) SUBTOTAL CIP PROGRAM TOTAL *Estimated Annual TransNet Revenue $9,435,000 $9,272,000 $9,304,000 Page 274 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 02/19/2025 Jurisdiction January 2023 Population3 Maintained Miles3 FY 2025*FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Carlsbad 115,045 429.45 $4,827 $4,843 $4,911 $5,038 $5,202 $5,381 Chula Vista 276,813 561.44 $9,272 $9,304 $9,435 $9,679 $9,997 $10,343 Coronado 22,272 45.89 $795 $798 $809 $828 $854 $882 Del Mar4 3,918 26.11 $134 $131 $135 $137 $142 $147 El Cajon 104,804 197.30 $3,468 $3,480 $3,529 $3,619 $3,737 $3,865 Encinitas 61,254 172.02 $2,321 $2,328 $2,361 $2,421 $2,499 $2,584 Escondido 150,571 342.35 $5,244 $5,262 $5,336 $5,474 $5,652 $5,847 Imperial Beach4 26,109 45.65 $835 $712 $899 $922 $950 $982 La Mesa 60,753 143.84 $2,173 $2,181 $2,211 $2,267 $2,340 $2,420 Lemon Grove 27,517 62.40 $998 $1,002 $1,015 $1,040 $1,073 $1,109 National City 58,374 104.46 $1,928 $1,934 $1,961 $2,011 $2,075 $2,146 Oceanside 172,186 433.11 $6,190 $6,211 $6,299 $6,461 $6,673 $6,903 Poway 48,620 177.28 $2,048 $2,055 $2,084 $2,137 $2,205 $2,280 San Diego 1,383,623 2,798.88 $46,112 $46,268 $46,925 $48,144 $49,730 $51,458 San Marcos4 94,823 182.58 $2,237 $2,247 $2,292 $2,375 $2,482 $2,600 Santee4 59,574 115.84 $1,207 $1,208 $1,227 $1,269 $1,325 $1,512 Solana Beach4 12,831 42.57 $232 $234 $241 $254 $272 $291 Vista 100,113 175.22 $3,251 $3,262 $3,308 $3,393 $3,503 $3,623 County4 511,223 1,994.51 $20,306 $20,472 $20,722 $21,296 $22,043 $22,853 Subtotal Street & Road***3,290,423 8,050.9 $113,581 $113,933 $115,699 $118,764 $122,754 $127,224 42%35% Local EMP5 $7,364 $7,250 $7,274 $7,377 $7,567 $7,815 Local Smart Growth5 $8,592 $8,458 $8,487 $8,606 $8,828 $9,117 *Estimate updated in January 2025 **Revenue estimates for planning purposes only. Payments will be based on actual sales tax monthly receipts from the State Board of Equalization. *** Totals may not add up due to rounding 4. Revenues are net of estimated commercial paper and/or bond debt service payments 5. EMP to be distributed on a project by project basis; Smart Growth to be allocated based on Call for Projects process. TransNet Revenue Forecast - Local Street Improvement Program1 Revised FY 2025 and Estimates for FY 2026 to FY 2030 (in $000s)** 1.Projection of revenues are based on estimate of growth rate on taxable sales as forecasted by SANDAG and excludes interest and prior year excess funds. 2. Distribution of revenue estimates are based on the 2004 Proposition A Extension: San Diego Transportation Improvement Program and Expenditure Plan and apportioned as follows: (a) $50,000 annual base per agency ; (b) balance distributed on a formula of 2/3 population and 1/3 maintained miles. 3. Population numbers are based on state Department of Finance (DOF) report of January 2023 population; Maintained miles figures are based on Caltrans 2023 California Public Road Data (December 2024). Attachment 1 Page 275 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda MPO ID Traffic Signal System Optimization (RAMS, TRF0337, TRF0350, TRF0354)CHV39 $635,500 $665,500 $420,000 $420,000 $300,000 $300,000 Pavement Major Rehabilitation Program (Overlays/ Reconstruct) (STM0404,STM0416)CHV48 $5,746,500 $5,887,336 $6,225,000 $6,469,000 $6,907,000 $7,253,000 New Sidewalk Improvements (TRF0414)CHV58 $50,000 $50,000 $300,000 $300,000 $300,000 $300,000 Traffic Signal Upgrades (TRF0443)CHV60 -$492,803 $200,000 $200,000 $200,000 $200,000 Raised Median Improvements (TRF0415)CHV79 $125,000 $30,000 ---- $6,557,000 70.7%$7,125,639 76.6%$7,145,000 75.7%$7,389,000 76.3%$7,707,000 77.1%$8,053,000 77.9% $6,490,400 70.0%$6,512,800 70.0%$6,604,500 70.0%$6,775,300 70.0%$6,997,900 70.0%$7,240,100 70.0% Pavement Rehabilitation Program (CTY0219,STL0463,STL0471)CHV06 $640,000 $420,000 $900,000 $900,000 $900,000 $900,000 Advanced Planning Studies (CTY0202,CTY0232)CHV22 $110,000 $110,000 $200,000 $200,000 $200,000 $200,000 School Zone Traffic Calming Program (TRF0345)CHV33 $200,000 $200,000 $100,000 $100,000 $100,000 $100,000 Neighborhood Traffic/Ped Safety Program (TRF0327, TRF0411, TRF0429, TRF0436, TRF0438)CHV34 $725,000 $150,129 $250,000 $250,000 $250,000 $250,000 Traffic Signing, Studies and Signal Upgrade (STM0369, TRF0332, TRF0366, TRF0421)CHV35 $550,000 $475,000 $550,000 $550,000 $550,000 $550,000 Traffic Monitoring Program (TRF0274, TRF0321)CHV45 $40,000 $10,000 $40,000 $40,000 $40,000 $40,000 Storm Drain and Bridge Culvert Repair (DRN0217)CHV50 - $325,000 ---- ADA Curb Ramps Program (STL0454,STL0475,STL0479)CHV75 $450,000 $488,232 $250,000 $250,000 $250,000 $250,000 $2,715,000 29.3%$2,178,361 23.4%$2,290,000 24.3%$2,290,000 23.7%$2,290,000 22.9%$2,290,000 22.1% FY 2029-30 $10,343,000 $10,343,000 FY 2028-29 $9,997,000 $9,997,000 Attachment 2 FY 2024-25PROJECT MA I N T E N A N C E Minimum Required Congestion Relief CO N G E S T I O N R E L I E F FY 2025-26 $9,304,000 $9,679,000 $9,679,000 FY 2026-27 $9,435,000 ESTIMATED TRANSNET ALLOCATION - FY 2024-25 THROUGH FY 2029-30 FY 2027-28 *TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2025 to FY2030) dated 2/19/2025 (Congestion Relief) SUBTOTAL $9,272,000 (Maintenance) SUBTOTAL CIP PROGRAM TOTAL *Estimated Annual TransNet Revenue $9,435,000 $9,272,000 $9,304,000 Page 276 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Attachment 3 RTIP Amendment FY 2024 Administrative Transfers FROM TO MPO ID Project Amount MPO ID Project Amount CHV77 TRF0395 556$ CHV88 STL0464 $556 CHV82 STL0420 4,545$ CHV88 STL0464 $4,545 CHV84 TRF0404 3,467$ CHV88 STL0464 $3,467 Page 277 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda PUBLIC HEARING: Item 8.2 -Regional Transportation Improvement Program: Amend the Transnet Local Street Improvement Program of Projects for Fiscal Years 2024-25 through 2028-29 Presented by: Matthew Little, Deputy City Manager Patrick Moneda, Principal Civil Engineer Page 278 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Local Street & Road Program •FY 2025 Regional Local Street Improvement Program: $113,581,000 in TransNet Funding •Chula Vista’s FY25 TransNet Revenue Forecast: $9,272,000 (dated 2/19/2025) •Chula Vista receives approximately 8% of Regional Program Budget Page 279 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Chula Vista’s Program of Projects (POP) Page 280 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda FY 2024 Administrative Amendments Page 281 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Recommended Action •Adopt a resolution approving the proposed amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024/25 through 2028/29. Page 282 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda PUBLIC HEARING Page 283 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549 Report Number: 25-0093 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 Conduct the public hearing and adopt a resolution accepting the annual report and renewing Ordinance No. 3549, the Chula Vista Police Department Military Equipment Use Policy. SUMMARY AB 481 requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing body and to submit an annual military equipment report. The governing body must annually review the acquisition and use of military equipment, determine whether the equipment identified complied with the standards set forth in the policy and law, and vote on whether to renew or modify the policy. On May 3, 2022, the Chula Vista City Council approved Chula Vista Police Department Policy 714 (Military Equipment) via Ordinance No. 3520 in accordance with AB 481. In addition to maintaining the highest levels of public safety, the Chula Vista Police Department is committed to transparency, public tr ust, community partnerships, and compliance with the law. The Department now submits its 2024 Annual Military Equipment Report in accordance with requirements set forth in California Government Code section 7072. 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 Page 284 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 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. In addition, notwithstanding the foregoing, the Director of Development Servi ces has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION RELEVANT LAW On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 (AB 481), codifed as Government Code sections 7070-7075, which requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing body prior to acquiring, deploying, using, seeking funds or contracting for military equipment. Subsequent to adoption of a military equipment use policy, the law enforcement agency must submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body and make the report available on its website. The annual military equipment report required by Government Code section 7072 must contain the following information for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Additionally, within 30 days of submitting its annual report, the law enfor cement agency must hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. Page 285 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 The governing body must annually review the acquisition and use of military equipment, as specified in the annual report, determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d), and vote on whether to renew or modify the policy previously approved. If the governing body determines that a type of military equipment has not complied with the standards set forth in Government Code 7071(d), the governing body may disapprove authorization for that type of equipment or require modifications to the military use policy to resolve the lack of compliance. The standards set forth in Government Code 7071(d) are as follows: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. CHULA VISTA POLICE DEPARTMENT COMPLIANCE AND REPORTING The Chula Vista Police Department’s Military Equipment Policy, Policy 714, was first reviewed by the Chula Vista City Council, determined to be compliant with Government Code 7071(d), and approved on May 3, 2022, via Ordinance No. 3520. Policy 714 governs the Department’s use of military equipment; describes each type of military equipment by quantity and capability, expected lifespan and manufacturer product description; addresses the purposes and authorized use for each type of listed equipment; addresses fiscal impact, including initial cost and annual maintenance costs; addresses the legal and procedural rules that govern authorized use and training required before use to ensure the full protection of the public’s welfare, safety, civil rights and civil liberties; requires compliance with the policy, addresses mechanisms to ensure compliance with the policy and sanction for policy violations; and addresses the procedures for registering public complaints, concerns and questions and timely response to same. In April 2023, the City Council, via Ordinance No. 3549, approved amendments to Policy 714 to add equipment descriptions for additional unmanned aircraft and specialized firearms, to delete equipment no longer in use, and to clarify that the Police Chief is autho rized to order replacement types of equipment authorized in the policy (see Attachments 1 and 2). In April 2024, the Council additionally conducted a review of the Police Department’s 2023 Annual Military Equipment Report and determined that the types of equipment identified in the annual report comply with the standards set forth in Government Code 7071(d). Tonight, the Police Department provides its 2024 Annual Military Equipment Report (“Report”) in compliance with AB 481 (Attachment 3). The Report, attached as Attachment 3, provides all information required by Government Code section 7072 (as described above), including a summary of how the equipment was used, whether any complaints were received, whether any violations occurred, and the fiscal impac ts associated with such equipment, including the total annual costs for each type of equipment, the Page 286 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 4 quantity possessed for each type of equipment, and if the Department intends to acquire additional equipment in the next year. The Report identifies the addition of three drones to its fleet funded by the Chula Vista Police Foundation: one DJI Matrice 4 T drone and 2 DJI Avata2 drones. The Report also reflects the acquisition of 20 more patrol rifles for officers due to additional staffing funded through Measure A. Additionally , the Report notes that during the last calendar year, the Chula Vista Police Department received one complaint concerning the use of a bean bag launcher; however, no violations of the military equipment use policy occurred. The Police Department maintains that its military equipment, including the additionally noted drone, rifles, and training kits, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The Department’s military equipment policy, Policy 714, continues to safeguard the public’s welfare, safety, civil rights, and civil liberties. The existing military equipment was purchased pursuant to the City’s existing procurement requirements and best -practice protocols and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Additionally, the Department’s military equipment uses, as described in the 202 4 annual report, are compliant with existing Department policies (including Policy 714). The proposed Resolution: (1) accepts the 2024 Annual Military Equipment Report; and (2) renews Ordinance No. 3549, the Chula Vista Police Department’s Military Equipment Use Policy, Policy 714. COMMUNITY ENGAGEMENT The Chula Vista Police Department frequently displays select military equipment during out reach and community events as a means of public awareness, transparency, education, and building relationships. The Chula Vista Police Department also believes in community engagement and the opportunity to enhance relations. Therefore, the 2024 Annual Military Equipment Report has been available for public review on both the Police Department’s webpage and the City Clerk’s webpage since Friday , March 14, 2025. The Police Department conducted a community engagement meeting at the Chula Vista Police Depart ment on Wednesday, March 26, 2025, at 2:00 pm at which the public could discuss and ask questions regarding the annual military equipment report and the agency’s funding, acquisition, or use of military equipment. The community will also be able to provide comments regarding the report at the April 15, 2025, City Council meeting. Additionally, in accordance with AB 481, the Police Department has scheduled a community engagement meeting at the city council chambers to be held within 30 days of submission of this report on April 30, 2025. Such meeting will be well-publicized on the Department’s website and social media accounts. The Chula Vista Police Department is committed to the service and protection of our community. With the dynamic nature of critical incidents, the Department employs a variety of military equipment to assist in the swift and safe resolution to these incidents. As the Department’s inventory of military equipment varies, the possession of the equipment does not warrant its use for every incident. The Department strives to effectively protect the public using the latest advancement in technology and equipment w hile also being transparent with the military equipment use and inventory. Page 287 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 5 The Police Department accordingly submits its 2024 Annual Military Equipment Report (see Attachment 3) to City Council and respectfully requests that City Council approve the prop osed resolution accepting the Report and renewing Ordinance No. 3549. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property -related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this item results in no current-year fiscal impact. All costs related to the Police Department’s Military Equipment Policy are included in the fiscal year 2024-25 budget for the Police Department. ONGOING FISCAL IMPACT The Police Department’s Military Equipment Inventory is outlined in the Military Equipment Report. During the budget process, ongoing maintenance or repair of this equipment will continue to be included in the proposed budget. If any additional appropriations are required for this equipment, then City staff will seek Council approval at that time. ATTACHMENTS 1. Ordinance No. 3549 2. CVPD Military Equipment Policy 714 3. CVPD 2024 Military Equipment Report Staff Contact: Police Chief Roxana Kennedy Assistant Chief of Police Dan Peak Page 288 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CHULA VISTA POLICE DEPARTMENT’S 2024 ANNUAL AB 481 MILITARY EQUIPMENT REPORT AND RENEWING ORDINANCE NO. 3549 APPROVING THE CHULA VISTA POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY WHEREAS, on September 30, 2021, the Governor of the State of California approved AB 481, “Funding, Acquisition and Use of Military Equipment,” which is codified in Chapter 12.8 of the California Government Code, sections 7070 to 7075; and WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and WHEREAS, AB 481 requires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Police Department’s Military Equipment Policy, Policy 714, determined it to be compliant with Government Code section 7071(d), and approved it via Ordinance No. 3520; and WHEREAS, on May 23, 2023, the Chula Vista City Council approved the amended Chula Vista Police Department Military Equipment Policy, Policy 714, in accordance with Government Code sections 7071(a) and 7071(e), via Ordinance No. 3549; and WHEREAS, on April 9, 2024, the Chula Vista City Council received the 2023 Annual Military Report, and reviewed and renewed Ordinance No. 3549. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it makes the following finding: The City Council has reviewed Ordinance No. 3549 in accordance with Government Code 7071(e) and determined that each type of military equipment identified in the 2024 Annual Military Equipment Report complies with the standards of approval set forth in Government Code section 7071(d). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2024 Annual Military Equipment Report and renews Ordinance No. 3549. Presented by Approved as to form by Page 289 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 290 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ORDINANCE NO. 3549 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CHULA VISTA POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY, AUTHORIZING FUTURE AMENDMENTS TO THE POLICY BY RESOLUTION, AND MAKING FINDINGS REGARDING THE POLICY AND ANNUAL MILITARY EQUIPMENT REPORT WHEREAS, on September 30, 2021, the Governor of the State of California approved AB 481, "Funding, Acquisition and Use of Military Equipment,"which is codified in Chapter 12.8 of the California Government Code, Sections 7070 to 7075; and WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and WHEREAS, AB 481 requires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Police Department's Military Equipment Policy, Policy 714, determined it to be compliant with Government Code 7071(d), and approved it via Ordinance No. 3520; and WHEREAS, AB 481 requires a law enforcement agency to submit an annual report to the governing body for each type of military equipment approved in the written policy; and WHEREAS, AB 481 requires the governing body to review the annual acquisition and use of military equipment, as specified in the report,and to determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d); and WHEREAS,AB 481 additionally requires the governing body to vote annually on whether to renew or modify the military equipment policy previously approved; and WHEREAS, on April 25, 2023, the Chula Vista Police Department submitted its 2022 annual military equipment report to the Chula Vista City Council; and WHEREAS, on April 25, 2023, the Chula Vista City Council reviewed the annual acquisition and use of military equipment and considered whether to renew or modify Policy 714, including consideration of a proposed amendment to Policy 714 to include additional equipment descriptions under the unmanned aircraft and specialized firearm type categories, to delete equipment no longer in use, and to confirm that the Police Chief is authorized to order replacements of the types of equipment authorized in the policy, as well as additional equipment of the same type; and Page 291 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 2 WHEREAS, the City Council desires to specify that future amendments to the Military Equipment Policy may be authorized by Resolution of the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Findings A. The City Council of the City of Chula Vista hereby finds as follows: 1. The military equipment reflected in the amended Chula Vista Police Department Military Equipment Policy, attached as Exhibit 1, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The amended Chula Vista Police Department Military Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. Purchased equipment identified in the amended Chula Vista Police Department Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the Chula Vista Police Department Military Equipment Policy that was in effect at the time. B. The City Council of the City of Chula Vista hereby finds that each type of equipment identified in the Chula Vista Police Department's 2022 annual military equipment report complies with the standards of approval set forth in Government Code 7071(d). Section II. Action A. The City Council of the City of Chula Vista hereby approves the amended Chula Vista Police Department Military Equipment Policy, Policy 714, as reflected in Exhibit 1, in accordance with Government Code sections 7071(a) and 7071€. Future amendments to the Chula Vista Police Department Military Equipment Policy, Policy 714, may be authorized by Resolution of the City Council of the City of Chula Vista B. . Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Page 292 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 3 Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. SIGNATURES ON THE FOLLOWING PAGE] Page 293 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda ocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 4 Presented by Approved as to form E DocuS igned : DocuSigned by: 9251 By• EFB949DC9B5747E... Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona& Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of May 2023, by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None DocuSigned by: 72n4FC23RQ0R473 John McCann, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3549 had its first reading at a regular meeting held on the 25th day of April 2023, and its second reading and adoption at a regular meeting of said City Council held on the 23rd day of May 2023 and was duly published in summary form in accordance with the requirements of state law and the City Charter. DocuSigned by: 5/31/2023E1-, 3074D104EAF342E Dated Kerty K. Bigelow, MMC, City Clerk Page 294 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 714.1 PURPOSE AND SCOPE This Department policy establishes guidelines for the use, training, approval, and procurement of existing military equipment and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB 481), codified in California Government Code § 7070-7075. Additionally, this policy outlines the fiscal impact and specific descriptions of existing military equipment within the Department's inventory. 714.1.1 BACKGROUND On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of a military equipment policy by the applicable governing body (The Chula Vista City Council). The Department is required to seek approval of this military equipment use policy from the governing body at a regular open meeting prior to the Department taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the policy only if it determines that the military equipment meets specified standards. The policy is subject to annual review by the governing body to determine whether, based on an annual military equipment report, the standards set forth in the approving policy have been met. The governing body may renew the authorizing policy, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use policy to address any non-compliance with standards. Finally, the bill requires publication of this military equipment use policy and the annual military equipment report on the Department's website. The military equipment use policy must be posted on the website at least 30 days prior to the City Council meeting. 714.1.2 DEFINITIONS Pursuant to AB 481, the following definitions are applicable only to the Department's current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a detailed list, refer to California Government Code § 7070, for "military equipment" as defined within the assembly bill.) Governing body- The Chula Vista City Council. Military equipment - Items defined by California Government Code § 7070(c)(1) through (c)(16). The definition includes but is not limited to the following: Unmanned, remotely piloted, powered aerial or ground vehicles. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Copyright Lexipol, LLC[DATE TO BE INSERTED] All Military Equipment- 1 Rights Reserved.Published with permission by Chula Vista Police Page 295 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment Tracked armored vehicles that provide ballistic protection to their occupants. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. Weaponized aircraft, vessels, or vehicles of any kind. (Note that none of the Chula Vista Police Department's drones are weaponized). Battering rams, slugs, and breaching apparatus that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons under California Penal Code § 30510 and California Penal Code § 30515 with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. Any firearm or firearm accessory that is designed to launch explosive projectiles. Noise-flash diversionary devices and explosive breaching tools. Munitions containing tear gas or OC, excluding standard service-issued handheld pepper spray. Taser ® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). Kinetic energy weapons and munitions. Any other equipment as determined by a governing body or a state agency to require additional oversight. Military equipment use policy - refers to this Department policy and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following: A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. The purposes and authorized uses for which the Department proposes to use each type of military equipment. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. The legal and procedural rules that govern each authorized use. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is authorized to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-2 Rights Reserved.Published wit h permission by Chula Vista Police Page 296 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner. Law enforcement agency means any of the following: 1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. 2. A sheriff's department. 3. A district attorney's office. 4. A county probation office. 714.1.3 MILITARY EQUIPMENT USAGE GUIDELINES The Chula Vista Police Department retains and employs a wide variety of equipment, some of which is defined as military equipment by California Government Code § 7070, to assist in maintaining public safety by providing the highest quality police services to our community. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training POST), has been completed, unless exigent circumstances arise. Any military equipment acquired and authorized by the Department must be necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety and be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (California Government Code § 7071 (d)(1)(A)(C)). Additionally, it is the policy of the Chula Vista Police Department that its military equipment be used to safeguard the public's welfare, safety, civil rights, and civil liberties (California Government Code § 7071(d)(1)(B)). The Chula Vista Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-3 Rights Reserved.Published wit h permission by Chula Vista Police Page 297 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers. 714.2 POLICY It is the policy of the Chula Vista Police Department that members of this Department comply with the provisions of California Government Code § 7071 with respect to military equipment. 714.3 MILITARY EQUIPMENT COORDINATOR The Professional Standards Unit manager or their designee will act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: 1. Acting as liaison to the governing body for matters related to the requirements of this policy. 2. Identifying the Chula Vista Police Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. 3. Conducting an annual inventory of all military equipment at least annually. 4. Preparing for, scheduling, and/or coordinating the annual community engagement meeting to include: a) Ensuring the details of the meeting are publicized. b) Preparing for public questions regarding the Department's funding, acquisition, and use of the equipment. 5. Preparing the annual military equipment report for submission to the Chief of Police, and ensuring that the report is made available on the Department's website (California Government Code § 7072). 6. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 714.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Chula Vista Police Department: See attachment A for the Chula Vista Police Department military equipment list) 714.5 APPROVAL The Chief of Police or their designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or their designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any regular meeting of the City Council concerning the military equipment at issue (California Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (California Government Code § 7071): Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-4 Rights Reserved.Published wit h permission by Chula Vista Police Page 298 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1. Requesting military equipment made available pursuant to 10 USC § 2576a. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Chula Vista Police Department does not participate in this program, 2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. 3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. 6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. 7. Acquiring military equipment through any other means. 714.6 ANNUAL MILITARY EQUIPMENT REPORT Upon approval of a military equipment policy, the Chief of Police or their designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (California Government Code § 7072). The Chief of Police or their designee shall also make each annual military equipment report publicly available on the Chula Vista Police Department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code § 7072 for the preceding calendar year for each type of military equipment in the Chula Vista Police Department inventory. The military equipment report shall, at a minimum, include the following information from the immediate previous calendar year for each type of military equipment: 1. A summary of how the military equipment was used and the purpose for its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, consistent with state law and employee privacy restrictions. 4. The total annual cost for each type of military equipment. 5. The quantity possessed for each type of military equipment. 6. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-5 Rights Reserved.Published wit h permission by Chula Vista Police Page 299 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment The governing body will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the governing body determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance. 714.7 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. (California Government Code § 7072(b)). 714.8 COORDINATION WITH OTHER JURISDICTIONS On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for mutual aid is governed under PDM 352 - Outside Agency Assistance. In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e. civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply: 1. Department members are required to adhere to the Department's Military Equipment policy and all policies and procedures outlined within the Chula Vista Police Department's Policy and Procedures Manual, regardless of operational jurisdiction. 2. Should the Chula Vista Police Department request mutual aid from another law enforcement agency within the City of Chula Vista and military equipment is required during the course of the response, the following shall apply: a) The Chula Vista Police Department shall remain in charge of the overall incident command. b) The Incident Commander or their designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident. c) The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-6 Rights Reserved.Published wit h permission by Chula Vista Police Page 300 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment d) If the Incident Commander is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission. 714.9 MILITARY EQUIPMENT USAGE ACCOUNTABILITY 1. The use of military equipment is subject to individual Department policies and procedures. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring an incident to a safe resolution. 2. Department members are bound to adhere to Department policies and procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions. 3. Administrative investigations concerning complaints related to military equipment will be conducted in accordance with PDM 1019 - Personnel Complaints. 714.10 MILITARY EQUIPMENT MAINTENANCE AND INVENTORY All military equipment should be properly maintained and stored as set forth by Department policies and procedures or in the absence of that, by manufacturer guidelines. 714.11 TESTING AND EVALUATION OF MILITARY EQUIPMENT FOR POTENTIAL FUTURE ACQUISITION While the Department's current inventory of military equipment is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of military equipment in the current catalog. From time to time, certain equipment vendors and/or manufacturers may loan certain military equipment items to the Department for testing by various units to conduct assessments involving feasibility of use, cost analysis, effectiveness, and training efficacy. This process is commonly referred to as "Testing and Evaluation" (T& E). During the testing and evaluation process, various units and/or subject matter experts conduct assessments of the equipment being tested and opine the viability of whether or not an item of military equipment should be considered for Department use. Military equipment that is being tested shall not be used operationally without approval from the Chief of Police or their designee. The following limitations shall apply should the Department receive military equipment for the testing and evaluation process: Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-7 Rights Reserved.Published wit h permission by Chula Vista Police Page 301 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1. Only similar military equipment within the Department's current military equipment inventory may be used for Testing and Evaluation. Examples might include but are not limited to: a) Similar firearms by a manufacturer other than those approved in the current inventory b) Similar UAS platforms featuring a different make and/or model other than those approved in the current inventory. c) Similar diversionary devices or chemical agents featuring a different make and/ or model other than those in the current inventory, etc. 2. Military equipment that is not similar to the Department's current military equipment inventory must be approved through the governing body and Chief of Police or their designee, prior to the acquisition for the testing and evaluation process. Examples include but are not limited to: a) New military equipment technology not currently approved or currently in use by the Department. b) Firearms as defined under military equipment that operate with a different weapons platform other than what is approved or currently in use by the Department (i.e. bullpup platform, higher caliber weapon than what is in the current inventory, etc.). Military equipment items that have been assessed and recommended for final approval after undergoing the testing and evaluation process must be approved by the governing body and the Chief of the Police or their designee prior to be being formally acquired for Department inventory and operational use. 714.12 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES In some instances, the application and use of military equipment can cause questions and/ or concerns for members of the community. It is of vital importance that community members' questions regarding the application and use of military equipment are addressed. The Chula Vista Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. 1. Complaints directly related to the application or use of military equipment shall be handled in accordance with PDM 1019 - Personnel Complaints. Individuals from the public may file complaints in any form, including in writing, by email, in person, or by telephone. 2. The Professional Standards Unit will maintain statistical data concerning the number and types of complaints regarding military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-8 Rights Reserved.Published wit h permission by Chula Vista Police Page 302 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 3. The Chula Vista Police Department values open communication and transparency. Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner: a) Via the Department's website (in the "Contact Us" section), the public can communicate specific military equipment related questions, comments, or concerns to the Department. The Department will respond to the submissions at least quarterly. b) At pre-determined community engagement meetings related to military equipment. c) At City Council meetings related to military equipment. d) In all other circumstances, the public should be directed to the Department Military Equipment policy and Annual Military Equipment Report available on the Chula Vista Police Department website. 714.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS The Police Chief may approve the purchase of supplies to replace the types of equipment authorized by this policy, as well as additional equipment of the same type. The Military Equipment Coordinator or their designee shall report these purchases via the annual military equipment report submitted in accordance with California Government Code section 7072. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-9 Rights Reserved.Published wit h permission by Chula Vista Police Page 303 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) NOTE: The inventory of certain items of consumable military equipment(i.e. ammunition,diversionary devices, chemical agents,etc.)can fluctuate throughout the year.This can be due to operational usage,training usage,operational wear,and/or manufacturer recommended replacement guidelines.While the Department strives to provide accuracy in its inventory reporting as prescribed by law,this attachment reflects approximations of certain consumable items of military equipment at the time of this policy's publication.] A. Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. Description and capabilities: a. DJI MAVIC MINI 2, Miniature UAS that weighs approx.. 249 grams and can record video and audio with approximately 30 minutes of flight time. b. DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 grams and has video recording capabilities, approx. 27 minutes of flight time. c. DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker, and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of flight time. d. DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1100 grams, approx. 31 minutes of flight time. e. DJI M300 with HT20, UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. f. DJI M210v2 with z30, UAS that has 35 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140 grams. Has video recording capabilities. g. DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. h. DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of flight time. i. DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of flight time. j. SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of flight time. 1 Page 304 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) k. SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutes of flight time. 1. PARROT ANAFI, UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of flight time. m. BRINC LEMUR S,UAS with 1080p HD and IR camera, weighs 1088 grams. Has video recording capabilities, approx. 31 minutes of flight time. n. DJI AVATA,UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of flight time. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: Major collision investigations Search for missing or wanted persons Fires Major incidents Calls for service Natural disaster management Crime scene photography SWAT, tactical or other public safety and life preservation missions In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3- 5 years. 2 Page 305 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact (with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model/Manufacturer Quantity Initial Fiscal Impact(FY 22&23) Cost Approx.for maintenance and Per Unit) repair) DJI MAVIC MINI 2 2 400 $50,000 Maintenance and battery replacement cost for the entire r drone fleet. (Includes all UAS equipment). i jun" DJI INSPIRE 2 1 3299 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). o r DJI MAVIC 2 ENTERPRISE 4 2399 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED 1 6500 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 3 Page 306 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DJI M300 with H2OT 7 25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS a equipment). DJI M210v2 with z30 2 32,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet( Includes all UAS e ment . DJI PHANTOM 4 1 1600 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 10 DJI MAVIC 2 ZOOM 1 1999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 4 Page 307 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DJI MAVIC PRO 1 1289 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). r1f b rrcar SKYDIO 2 4 999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS y equipment. i SKYDIO X2(Color/Thermal 2 14,499 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). PARROT ANAF1 1 2000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 5 Page 308 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) BRINC LEMUR S 2 22,996 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). IIIIIIII°II DJI AVATA 2 1,388 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613 —UAS Operations, and the FAA Regulation 14 CFR Part 107. It is the policy of the CVPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to the City's privacy and technology policies, along with State and Federal Law. 2. Robot: An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Description and capabilities: a. ROBOTEX AVATAR HI, the Robotex Avatar III is a heavy-duty robot. It has stair climbing ability and an arm capable of remote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT team, however, it can be 6 Page 309 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) used for other authorized patrol functions. It operates as a de-escalation tool in a variety of capacities (see Purpose section below). Pu ose To be deployed when its use would assist officers or incident commanders with the following situations, which include but are not limited to: Remotely gain visual/audio data Deliver phone during hostage/barricaded subject negotiations Open doors Disrupt suspicious/dangerous packages Training/authorized public exhibition Authorized Use Only sworn personnel who have been trained on the robot's function, use, and capabilities shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost, and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model/Manufacturer Quantity Initial Cost Fiscal Impact(FY 22&23) Per Unit) Approx.for maintenance and repair) ROBOTEX AVATAR IIT 1 340,793.56 $1300.54(Battery and misc. repair) 7 Page 310 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training All robot operators must complete in-house training in the use, function, and deployment of the robot by trained robot operators. Legal and Procedural Rules The use of the robot is for official law enforcement purposes only, and in a manner that respects the privacy of our community, pursuant to the City's privacy and technology policies, along with State and Federal Law. B. Command and Control Vehicles 1. Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access to Police Department computer systems, and restroom facilities on extended events. Description and capabilities: a. Freightliner M2-106, The CP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use The CP shall be operated by officers trained in their deployment and in a manner consistent with State Law regarding the operation of motor vehicles. Furthermore, only officers who have completed the California Class B Commercial driver training provided by the Department and properly licensed will be permitted to drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. 8 Page 311 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit)Approx.for maintenance and repair) Freightliner M2-106 1 778,000 2000 Mobile Command Post i qp Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driver has shown competence in the vehicle handling, the driver will operate the vehicle throughout the City with an experienced driver. Drivers shall also undergo California Department of Motor Vehicles commercial vehicle testing. In addition, each driver shall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for official law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2. SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWAT members access to equipment and uniforms during critical events. Description and capabilities: a. Freightliner M2 106 chassis (custom build), The SWAT equipment truck is used as a mobile storage unit and is deployed to critical incidents to provide SWAT team members rapid access to necessary equipment. PuTose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized use 9 Page 312 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) The equipment truck shall be used by officers trained in its deployment and in a manner consistent with Department training. Officers with a valid California Class C license may operate the equipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model/ Quantity Initial Cost Fiscal impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) Freightliner M2 106 chassis 1 406,286.24 7008 custom build) SWAT equipment truck d t II Training Drivers shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Law regarding the operation of motor vehicles. C. Armored Personnel Carriers 1. Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. 10 Page 313 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. 2011 LENCO BEARCAT G2, The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for safe rescue of injured citizens and officers. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Pul-pose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the specific circumstances of a given critical incident. Officers may deploy the armored vehicle during exigent circumstances, such as officer/citizen rescues, without prior approval. If deployed under exigent circumstances, a supervisor shall be notified as soon as practical. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department training. Expected lifespan Lenco Bearcat model G2 —25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Equipment Name and Model/ Quantity initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit Approx.for maintenance and repair) 2011 LENCO BEARCAT G2 1 315,518.65 5000 hr H7ghyly/ry ir!d„nn i 11 Page 314 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training The driver shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules All drivers/operators shall be sworn personnel and possess a valid class C driver's license. The vehicle shall be operated in accordance with State Law regarding the operation of motor vehicles. D. Specialty Impact Munition Weapons (SIM) and Associated Munitions 1. 40 MM Launchers and Munitions: 40 MM launchers are utilized by SWAT and Mobile Field Force (MFF)personnel as a less lethal tool to launch less lethal impact and chemical agent rounds. Description and capabilities: a. DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER#1440, the 40 MM Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. b. PENN ARMS, 40 MM SINGLE SHOT LAUNCHER#GSO490, the 40 MM Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT and Mobile Field Force (MFF)personnel. c. DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262, a less lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. 12 Page 315 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Expected lifespan Defense Technology#1425 - 25 years Defense Technology#1440 - 15 years Penn Arms #GS4090 -No lifespan indicated by manufacturer Defense Technology Model 2262 Liquid Barricade Penetrator - 5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MM Launchers Equipment Name and Model/Manufacturer Quantity Initial Cost Fiscal Impact(FY 22&23) Per Unit) (Approx.for maintenance and repair) DEFENSE TECHNOLOGY,40 MM TACTICAL 4-SHOT 1 1987.50 50(per unit) LAUNCHER#1440 PENN ARMS,40 MM SINGLE SHOT LAUNCHER 4 1000 50(per unit) 4GSO490 13 Page 316 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY,FERRET 40 MM LIQUID 33 S19.85 Pending City Council BARRICADE PENETRATOR MUNITION#1262 Approval,purchase order in process fbr obtaining qty 50 of the newer version#2262 @ 24.60 each — $1,230. N-«arra Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal or chemical agent instructors. SWAT and MFF personnel receive additional training annually. SWAT operators who utilize these munitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certified chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 - Control Devices and Techniques policy and PDM 300 - Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS) and associated munitions for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. 2. SIM barrel conversion kits and SIM training projectiles: A designated barrel or bolt used in a standard firearm or handgun that when fired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to fire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Description and capabilities: a. FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES, the bolt assembly includes a bolt carrier group that converts the AR-15/M4 rifle into effective weapons designed to fire force on force 5.56mm paint marker rounds and prevent the firing of lethal ammunition. These bolts are used for training only. b. SIMUNITION SIG SAUER P226 SIMUNITION CONVERSION KITS, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P226 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition. These conversion kits are used for training only. 14 Page 317 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) c. FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. d. FORCE ON FORCE 9MM PAINT MARKING ROUINDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. Purpose These systems and munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Rifle caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly—Frequency of use. 5-year limited warranty 5.56mm SIM rounds—At least 5 years. 9mm barrel assembly—Frequency of use. 5-year limited warranty 9mm SIM rounds—At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon(SIM)barrel conversion kits and training projectiles FOR TRAINING ONLY FORCE ON FORCE 5.56MM 20 239 0 MARKER BOLT ASSEMBLIES 15 Page 318 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) SIMMUNITION SIG SAUER P226 16 205 0 SIMMUNITION CONVERSION KITS pP 1)V mMuw raa rrr wir FORCE ON FORCE 5.56 MM PAINT 13 cases 282 Pending City Council Approval,purchase order MARKING ROUNDS 6,500 rounds in process far obtaining 4 cases(500 rounds per total) case =2,000 rounds) @$295/case =$1,180. urN;sxY d FORCE ON FORCE 9MM PAINT 8 cases 236 0 MARKING ROUNDS 4000 rounds total) l Training Sworn personnel are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. E. Pepperball Launchers and Associated Projectiles: 1. Pepperball launcher and projectiles: A device that discharges projectiles containing pepper powder and glass breaking projectiles. 16 Page 319 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. PepperBall VKS CARBINE, the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a dual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b. PepperBall LIVE-X PROJECTILE, the Live-X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. c. PepperBall GLASS BREAKER PROJECTILE, a solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans. Discharged from a PepperBall launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine- 20 years PepperBall Live-X Projectile- 3 years PepperBall Glass Breaker Projectile- 3 years 17 Page 320 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) PepperBall VKS CARBINE 11 849 50(per unit) PepperBall LIVE-X PROJECTILE 3,105 2.99 0 per projectile) These were i miscounted last year and the number is now accurately C1 being reflected w to be 3,105 in our inventory. PepperBall GLASS BREAKER 500 2.43 0 PROJECTILE per projectile) r f ry µqA Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM 308 Control Devices and Techniques policy and PDM 300 Use of Force. It is the policy of the CVPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 18 Page 321 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) F. Less Lethal Shotguns and related munitions 1. Less Lethal Shotgun and Munitions: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Description and capabilities: a. REMINGTON 870 LESS LETHAL SHOTGUN, the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of De- escalation. b. 12-GAUGE CTS SUPER SOCK BEANBAG ROUND, a less lethal 2.4 inch 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. it does not require a minimum range to "unfold" or"stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Put ose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include,but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun - 25 years. 19 Page 322 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Super Sock Round-No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Equipment Name and Model/Manufacturer Quantity Initial Fiscal Impact(FY 22&23) Cost Approx.for maintenance and Per Unit) repair) REMINGTON 870 LESS LETHAL SHOTGUN 71 481.38 50(per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND 487 5.00 per round) These were miscounted last year and the G number is now accurately being reflected to be 487 in our inventory. Training All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by Department training personnel. Legal and Procedural Rules Use is established under PDM 308 - Control Devices and Techniques and PDM 300 - Use of Force. it is the policy of the CVPD to only utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. G. Chemical Agents (non-munition) 1. Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. 20 Page 323 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by law enforcement and corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemical's effectiveness via heat and vaporization, while minimizing or negating the chance of fire to a structure. The Tri- Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede-HeatTM CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. c. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, the Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. d. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER#1026, the Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and 21 Page 324 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Barricaded subjects Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Authorized Use Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) DEFENSE TECHNOLOGY, 83 31.89 Pending City Council Approval,purchase order in FLAMELESS TRI-CHAMBER per canister)process for obtaining 40 more G$39.90 each(total CS GRENADE#1032 of'$1,596). bo fa% 22 Page 325 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DEFENSE TECHNOLOGY,There was an 22.89 Pending City Council Approval,purchase order in SPEDE-HEAT CONTINUOUS error last vear per canister)process for obtaining 40 more @$32.30 each(total DISCHARGE CS GRENADE and the number of$1,292). 1072 is now accurately being reflected tobe0inour inventory.. CS DEFENSE TECHNOLOGY, 116 22.89 0 RIOT CONTROL CS GRENADE per canister) 1082 IR DEFENSE TECHNOLOGY, 49 39.90 0 TRIPLE-CHASER SEPARATING per canister) CS CANISTER#1026 Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM 308.6 Tear Gas Guidelines and PDM 300 Use of Force. It is the policy of the CVPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. H. Diversionary Devices 1. Diversionary Devices "Flashbangs": Diversionary/distraction devices are ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. 23 Page 326 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE, the CTS 7290M is a serialized steel bodied single use non-bursting canister noise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE, the CTS training devices have a re-loadable fuse for repeated training use. These training fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. Pu ose To produce atmospheric overpressure, a loud report, heat, and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who have been trained by a qualified instructor in the use and deployment of the device. The devices may be used for any of the following circumstances: CTS 7290M In hostage and barricaded subject situations In high-risk warrant(search/arrest) services where there may be extreme hazards to officers and/or the public During other high-risk situations where their use would enhance officer safety During controlled training exercises. CTS 7290MT During controlled training exercises. Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices that have passed the manufacturer warranty date should not be used except in a training environment 24 Page 327 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact Diversionary Devices "Flashban s" Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit Approx.for maintenance and repair) COMBINED TACTICAL 79 at the time 40.50 0 SYSTEMS(CTS), 7290M this document DIVERSIONARY DEVICE was created last year,but we had a purchase order in process simultaneously prior to AB 481 taking effect, now bringing our current total to 106. COMBINED TACTICAL 8 44.65 0 SYSTEMS(CTS)7290MT device device bodies) TRAINING DIVERSIONARY bodies). DEVICE There was an error last year and the number is now accurately being reflected to be 8 in our inventorv. 108 14.65 trainin fuses training fuses Training Prior to use, SWAT team members must attend a POST certified SWAT academy or equivalent training. SWAT team members who have not yet completed an academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed a diversionary device instructor school. The SWAT team conducts diversionary device training annually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 25 Page 328 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) I. Specialized Firearms Less than .50 Caliber 1. Assault Rifle: Semi-automatic long-rifle that increases precision and accuracy. Description and capabilities: a. SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic rifle with an 18-inch barrel that is engineered with a 1/10 twist and fires .308 caliber ammunition. b. SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic rifle with a 16-inch barrel that is engineered with a 1/9 twist and fires 5.56/.223 caliber ammunition. c. COLT M4 LE6946CQB RIFLE (CURRENT SWAT STANDARD ISSUE), the M4 LE6946CQB is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. d. DANIEL DEFENSE DDM4 MK18 RIFLE (FUTURE SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P- 10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 rifles. Expected Lifespan: The projected rifle lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. 26 Page 329 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) (Approx.for maintenance and repair) SMITH AND WESSON M&P- 1 1700 50 10 RIFLE .308 CAL(NOT STANDARD ISSUE) 0 SMITH&WESSON MP15X 94 855 50 RIFLE 5.56 CAL DEPARTMENT STANDARD ISSUE) COLT M4 LE6946CQB 24 1,500 SCHEDULED TO BE REMOVED RIFLE 5.56 CAL (CURRENT FROM SERVICE MAY2023) SWAT STANDARD ISSUE) PPTM4- DANIEL DEFENSE DDM4 24 2,083 50,000.00 MK18 RIFLE 5.56 CAL APPROVED PURCHASE, FUTURE SWAT SHIPMENT EXPECTED DELIVERY STANDARD ISSUE) APRIL 2023) 27 Page 330 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training: Sworn department members are required to complete annual training and qualifications to operate department rifles. Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 28 Page 331 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 332 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 333 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 334 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 335 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 336 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 337 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 338 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 339 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 340 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 Updated 03/12/2025 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2024) [*NOTE: The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachment reflects approximations of certain consumable items of military equipment at the time of this policy’s publication.] A. Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1. Uncrewed Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.1 Description and capabilities: a. DJI MAVIC MINI 2, Miniature UAS that weighs approx. 249 grams and can record video and audio with approximately 30 minutes of �light time. b. DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 grams and has video recording capabilities, approx. 27 minutes of �light time. c. DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker, and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of �light time. d. DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1100 grams, approx. 31 minutes of �light time. e. DJI MATRICE 4T, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1219 grams, approx. 49 minutes of �light time. f. DJI M300 with H20T, UAS that has 45 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. g. DJI M350 with H20T, UAS that has 55 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6470 grams. Has video recording capabilities. h. DJI M210v2 with z30, UAS that has 35 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140 grams. Has video recording capabilities. i. DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. 1 Government Code section 7070 uses the term “unmanned” where the FAA uses the term “uncrewed.” For compliance with the Government Code reporting purposes and consistency, this report will use the term “unmanned” Page 341 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 Updated 03/12/2025 j. DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of �light time. k. DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of �light time. l. SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of �light time. m. SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutes of �light time. n. PARROT ANAFI, UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of �light time. o. BRINC LEMUR S, UAS with 1080p HD and IR camera, weighs 1088 grams. Has video recording capabilities, approx. 31 minutes of �light time. p. DJI AVATA, UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of �light time. q. DJI AVATA 2, UAS with 4K camera, weighs approx. 377 grams. Has video recording capabilities, approx. 23 minutes of �light time. Purpose To be deployed when its view would assist of�icers or incident commanders with the following situations, which include but are not limited to: • Major collision investigations • Search for missing or wanted persons • Fires • Major incidents • Calls for service • Natural disaster management • Crime scene photography • SWAT, tactical or other public safety and life preservation missions • In response to speci�ic requests from local, state, or federal �ire authorities for �ire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3- 5 years. Page 342 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact (with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DJI MAVIC MINI 2 2 $400 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI INSPIRE 2 1 $3299 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE 4 $2399 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED 2 $6500 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 343 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 Updated 03/12/2025 DJI Matrice 4T 1 $7,999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M300 with H20T 7 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M350 with H20T 1 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M210v2 with z30 2 $32,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI PHANTOM 4 1 $1600 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 344 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 Updated 03/12/2025 DJI MAVIC 2 ZOOM 1 $1999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC PRO 1 $1289 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). SKYDIO 2 4 $999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment. SKYDIO X2 (Color/Thermal 2 $14,499 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 345 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 Updated 03/12/2025 PARROT ANAFI 1 $2000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). BRINC LEMUR S 2 $22,996 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI AVATA 2 $1,388 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 346 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 Updated 03/12/2025 DJI AVATA 2 2 $1,199 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613 – UAS Operations, and the FAA Regulation 14 CFR Part 107. It is the policy of the CVPD to utilize UAS only for of�icial law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. Operational Use for 2024-2025 From January 1, 2024, through January 11, 2025, the following UAS �lights occurred: • Approximately 3,114 �lights for Drone as First Responder (DFR) • Approximately 294 �ield tactical deployments. Field tactical deployments include crime scene mapping, looking for missing person or dangerous subjects. Additionally, UAS team supported SWAT on (2) missions. 2. Robot: An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Description and capabilities: a. ROBOTEX AVATAR III, the Robotex Avatar III is a heavy-duty robot. It has stair climbing ability and an arm capable of remote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT Team; however, it can be used for other authorized patrol functions. It operates as a de-escalation tool in a variety of capacities (see Purpose section below). Purpose To be deployed when its use would assist of�icers or incident commanders with the following situations, which include but are not limited to: • Remotely gain visual/audio data Page 347 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 Updated 03/12/2025 • Deliver phone during hostage/barricaded subject negotiations • Open doors • Disrupt suspicious/dangerous packages • Training/authorized public exhibition Authorized Use Only sworn personnel who have been trained on the robot’s function, use, and capabilities shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost, and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) ROBOTEX AVATAR III 1 $40,793.56 $0 Training All robot operators must complete in-house training in the use, function, and deployment of the robot by trained robot operators. Legal and Procedural Rules The use of the robot is for of�icial law enforcement purposes only, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. B. Command and Control Vehicles 1. Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access to Police Department computer systems, and restroom facilities on extended events. Page 348 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 Updated 03/12/2025 Description and capabilities: a. Freightliner M2-106, The CP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Purpose To be used based on the speci�ic circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use The CP shall be operated by of�icers trained in their deployment and in a manner consistent with State Law regarding the operation of motor vehicles. Furthermore, only of�icers who have completed the California Class B Commercial driver training provided by the Department and properly licensed will be permitted to drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 25 & 25) (Approx. for maintenance and repair) Freightliner M2-106 Mobile Command Post 1 $778,000 Regional Asset Funded through UASI grant $2000 Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driver has shown competence in the vehicle handling, the driver will operate the vehicle throughout the city with an experienced driver. Drivers shall also undergo California Department of Motor Vehicles Page 349 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 Updated 03/12/2025 commercial vehicle testing. In addition, each driver shall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for of�icial law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2. SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWAT members access to equipment and uniforms during critical events. Description and capabilities: a. Freightliner M2 106 chassis (custom build), The SWAT equipment truck is used as a mobile storage unit and is deployed to critical incidents to provide SWAT team members rapid access to necessary equipment. Purpose To be used based on the speci�ic circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized use The equipment truck shall be used by of�icers trained in its deployment and in a manner consistent with Department training. Of�icers with a valid California Class C license may operate the equipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) Freightliner M2 106 chassis (custom build) SWAT equipment truck 1 $406,286.24 Obtained through asset seizure funds $7008 Page 350 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 Updated 03/12/2025 Training Drivers shall receive training in the safe handling of the vehicle by a Department-quali�ied driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Law regarding the operation of motor vehicles. C. Armored Personnel Carriers 1. Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. Description and capabilities: a. 2011 LENCO BEARCAT G2, The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open �loor plan that allows for safe rescue of injured citizens and of�icers. It can stop various projectiles, which provides greater safety to citizens and of�icers beyond the protection level of shield and personal body armor. Purpose To be used in response to critical incidents to enhance of�icer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the speci�ic circumstances of a given critical incident. Of�icers may deploy the armored vehicle during exigent circumstances, such as of�icer/citizen rescues, without prior approval. If deployed under exigent circumstances, a supervisor shall be noti�ied as soon as practical. Armored vehicles shall only be used by of�icers trained in their deployment and in a manner consistent with Department training. Expected lifespan Lenco Bearcat model G2 – 25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) 2011 LENCO BEARCAT G2 1 $315,518.65 $5000 Page 351 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 Updated 03/12/2025 Obtained through a Homeland Security Grant Training The driver shall receive training in the safe handling of the vehicle by a Department-quali�ied driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules All drivers/operators shall be sworn personnel and possess a valid class C driver’s license. The vehicle shall be operated in accordance with State Law regarding the operation of motor vehicles. D. Specialty Impact Munition Weapons (SIM) and Associated Munitions 1. 40 MM Launchers and Munitions: 40 MM launchers are utilized by SWAT personnel as a less lethal tool to launch less lethal impact and chemical agent rounds. Description and capabilities: a. DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. b. PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1-40 (also known as #GS0490). Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. c. DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE LAUNCHER #1426, the 40 MM LMT Tactical Single Launcher is a tactical single shot launcher. It will �ire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. d. DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262, a less lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from con�ined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. Page 352 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 Updated 03/12/2025 e. DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325, the Exact Impact 40 mm sponge round is a point-of-aim, point-of-impact direct-�ire round. It is a lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated ri�ling collar and the 40 mm launcher’s ri�led barrel. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved public exhibitions. Expected lifespan a. Defense Technology #1440 - Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. b. Penn Arms #GL1-40(also known as #GS0490) - Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. c. Defense Technology Model 2262 Liquid Barricade Penetrator - 5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MM Launchers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. 1 $1987.50 $50 (per unit) Page 353 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 Updated 03/12/2025 PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1- 40 (also known as #GS0490). Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. 4 $1000 $50 (per unit) DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE SHOT LAUNCHER #1426 5 $1,441.77 $50 per unit Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262 100 $24.60 $0 DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325 54 $23.00 $0 Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certi�ied less lethal or chemical agent instructors. SWAT personnel receive additional training annually. SWAT operators who utilize these munitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certi�ied chemical agent instructors. Page 354 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 Updated 03/12/2025 Legal and Procedural Rules Use is established under the CVPD PDM 308 - Control Devices and Techniques policy and PDM 300 - Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS) and associated munitions for of�icial law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. 2. SIM barrel conversion kits and SIM training projectiles: A designated barrel or bolt used in a standard �irearm or handgun that when �ired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to �ire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Description and capabilities: a. FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES, the bolt assembly includes a bolt carrier group that converts the AR-15/M4 ri�le into effective weapons designed to �ire force on force 5.56mm paint marker rounds and prevent the �iring of lethal ammunition. These bolts are used for training only. b. SIMUNITION SIG SAUER P226 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P226 Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. c. SIMUNITION SIG SAUER P320 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P320 Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. d. SIMUNITION SMITH & WESSON M&P CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Smith & Wesson M&P Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. e. FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. f. FORCE ON FORCE 9 MM PAINT MARKING ROUINDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. Purpose These systems and munitions provide for realistic close quarters �irearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Page 355 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 Updated 03/12/2025 Authorized Use Ri�le caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly – Frequency of use. 5-year limited warranty 5.56mm SIM rounds – At least 5 years. 9mm barrel assembly – Frequency of use. 5-year limited warranty 9mm SIM rounds – At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon (SIM) barrel conversion kits and training projectiles (FOR TRAINING ONLY) FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES 41 $304 $0 SIMUNITION SIG SAUER P226 CONVERSION KITS 16 $205 $0 SIMUNITION SIG SAUER P320 CONVERSION KITS 24 $678.53 $0 Page 356 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 17 Updated 03/12/2025 SIMUNITION SMITH & WESSON M&P CONVERSION KIT 1 $630.50 FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS Less than 7 cases (3,280 rds) $384.00 Currently have less than 7 cases. Requests to purchase qty 15 cases (500 rounds per case = 7,500 rounds) @ $384 each = $5,760.00. FORCE ON FORCE 9MM PAINT MARKING ROUNDS 5 cases (2,600 rds) $384.00 Currently have slightly more than 5 cases. Requests to purchase qty 15 cases (500 rounds per case = 7,500 rounds) @ $384 each = $5,760.00. Training Sworn personnel are given extensive �irearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. E. Pepperball Launchers and Associated Projectiles: 1. Pepperball launcher and projectiles: A device that discharges projectiles containing pepper powder and glass breaking projectiles. Description and capabilities: a. PepperBall VKS CARBINE, the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to �ire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Page 357 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 18 Updated 03/12/2025 dual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b. PepperBall SX CARBINE, the SX carbine is a compressed air powered launcher designed to �ire non-lethal PepperBall projectiles. The PepperBall SX is a gravity fed system which allows for a �iring rate of 10-12 rounds per second. c. PepperBall LIVE-X PROJECTILE, the Live-X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. d. PepperBall GLASS BREAKER PROJECTILE, a solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans. Discharged from a PepperBall launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved demonstrations. Authorized Use Only those of�icers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine- 20 years Pepperball Carbine SX- 10 years PepperBall Live-X Projectile- 3 years PepperBall Glass Breaker Projectile- 3 years Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) PepperBall VKS CARBINE *2 $849 $50 (per unit) Page 358 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 19 Updated 03/12/2025 *This quantity was inadvertently reported last year as 11, but should correctly reflect 2. This is because the VKS number encompassed all Pepperball launchers, to include the below item (Carbine SX). PepperBall CARBINE SX *5 $730 $30 (per unit) *This item was inadvertently not reported last year. Since then, 4 have not been serviceable and were disposed of; currently bringing the correct number to 5. PepperBall LIVE-X PROJECTILE 2,415 (500 SWAT + 1,915 Patrol and MFF) 2.99 (per projectile) $0 PepperBall GLASS BREAKER PROJECTILE 50 $2.43 (per projectile) $0 Page 359 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 20 Updated 03/12/2025 Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certi�ied less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM – 308 Control Devices and Techniques policy and PDM 300 Use of Force. It is the policy of the CVPD to utilize PepperBall only for of�icial law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. F. Less Lethal Shotguns and related munitions 1. Less Lethal Shotgun and Munitions: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Description and capabilities: a. REMINGTON 870 LESS LETHAL SHOTGUN, the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between of�icers and a suspect, reducing the immediacy of the threat which is a principle of De-escalation. b. 12-GAUGE CTS SUPER SOCK BEANBAG ROUND, a less lethal 2.4 inch 12-gauge shotgun round �iring a ballistic �iber bag �illed with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when �ired from the approved distance of not fewer than �ive (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved demonstrations. Page 360 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 21 Updated 03/12/2025 Expected lifespan Remington 870 Less Lethal Shotgun - 25 years. Super Sock Round - No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) REMINGTON 870 LESS LETHAL SHOTGUN 71 $481.38 $50 (per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND *643 (208 SWAT + 435 Patrol and MFF). $5.00 (per round) $0 Training All of�icers are trained in the 12-gauge less lethal shotgun as a less lethal option by Department training personnel. Hiring and training of of�icers is a cause for the projectile inventory being in a state of �lux. This is the primary cause for the inventory miscalculation from previous reporting. The reported number of projectiles in 2023-2024 was approximately 435 and is currently at 643 due to a purchase of 250 additional during the year. Legal and Procedural Rules Use is established under PDM 308 - Control Devices and Techniques and PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the less lethal shotgun for of�icial law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. Page 361 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 22 Updated 03/12/2025 G. Chemical Agents (non-munition) 1. Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. Description and capabilities: a. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of �ire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by law enforcement and corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemical’s effectiveness via heat and vaporization, while minimizing or negating the chance of �ire to a structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede-Heat™ CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. c. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, the Riot Control CS Grenade is designed speci�ically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. d. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026, the Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a �ired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. e. COMBINED TACTICAL SYSTEMS (CTS) BAFFLED CS CANISTER GRENADE #5230B, the design of the CTS Baf�led CS Canister Grenade allows the contents to burn and disperse a very high volume of CS irritant agent safely with a very minimal risk of �ire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded Page 362 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 23 Updated 03/12/2025 subject. This grenade expels its payload through four emission ports in approximately 20-40 seconds. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Barricaded subjects • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved public exhibitions. Authorized Use Only of�icers who have received POST certi�ication in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, FLAMELESS TRI- CHAMBER CS GRENADE #1032 50 $31.89 (per canister) $0 DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072 40 $32.30 (per canister) $0 Page 363 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 24 Updated 03/12/2025 DEFENSE TECHNOLOGY, RIOT CONTROL CS GRENADE #1082 99 $32.70 (per canister) $0 DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026 49 $39.90 (per canister) $0 COMBINED TACTICAL SYSTEMS (CTS), BAFFLED CS CANISTER GRENADE #5230B 100 $47.52 (per canister) $0 Training Sworn members utilizing chemical agent canisters are certi�ied by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM 308.6 – Tear Gas Guidelines and PDM 300 – Use of Force. It is the policy of the CVPD to utilize chemical agents only for of�icial law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. H. Diversionary Devices 1. Diversionary Devices “Flashbangs”: Diversionary/distraction devices are ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. Description and capabilities: a. COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE, the CTS 7290M is a serialized steel bodied single use non-bursting canister noise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Page 364 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 25 Updated 03/12/2025 Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. b. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE, the CTS training devices have a re-loadable fuse for repeated training use. These training fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. c. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE, the Liberty Dynamic Electronic Device has a reloadable fuse for repeated deployment. The digital “smart” fuse can be programed to desired delay length, possesses LED indicator lights which provide device condition feedback, and will render itself safe within 60 seconds if there is a failure upon deployment. The sound output is 184 average decibels. During transport and storage, the fuse and device body are kept separate increasing officer safety. d. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE, the Liberty Dynamic Electronic Training Device has a reloadable fuse for repeated training use. These training fuses have similar deployment mechanics as the original devices with a significantly reduced cost. Purpose To produce atmospheric overpressure, a loud report, heat, and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who have been trained by a quali�ied instructor in the use and deployment of the device. The devices may be used for any of the following circumstances: CTS 7290M • In hostage and barricaded subject situations • In high-risk warrant (search/arrest) services where there may be extreme hazards to of�icers and/or the public • During other high-risk situations where their use would enhance of�icer safety • During controlled training exercises. CTS 7290MT • During controlled training exercises. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE • In hostage and barricaded subject situations • In high-risk warrant (search/arrest) services where there may be extreme hazards to of�icers and/or the public • During other high-risk situations where their use would enhance of�icer safety • During controlled training exercises. Page 365 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 26 Updated 03/12/2025 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE • During controlled training exercises Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices that have passed the manufacturer warranty date should not be used except in a training environment. All Liberty Dynamic Electronic Devices have a 2-year manufacturer warranty from their shipment date. They have unlimited use and only require replacement if physical or electronic damage occurs. Quantity, Cost, and Fiscal Impact Diversionary Devices “Flashbangs” Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE 43 $40.50 $0 COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE 9 (device bodies) 28 (training fuses) $44.65 (device bodies) $14.65 (training fuses) $0 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE 0 (device bodies) 0 (fuses) $604.17 Duplicate request from last year requesting to purchase as an initial package qty of 24 as eventual replacement for current 7290M and 7290MT @ $604.17 = $14,500.00. *This was never obtained last year. Page 366 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 27 Updated 03/12/2025 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE 0 (device training bodies) 0 (training fuses) (included in initial purchase) (These will be included in the purchase price of the above requested item.) Training Prior to use, SWAT team members must attend a POST certi�ied SWAT academy or equivalent training. SWAT team members who have not yet completed an academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed a diversionary device instructor school. The SWAT team conducts diversionary device training annually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for of�icial law enforcement purposes, and pursuant to State and Federal law regarding the use of force. I. Specialized Firearms Less than .50 Caliber 1. Assault Ri�le: Semi-automatic long-ri�le that increases precision and accuracy. Description and capabilities: a. SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic ri�le with an 18-inch barrel that is engineered with a 1/10 twist and �ires .308 caliber ammunition. b. SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic ri�le with a 16-inch barrel that is engineered with a 1/9 twist and �ires 5.56/.223 caliber ammunition. c. COLT M4 LE6946CQB RIFLE (SWAT TRAINING USE ONLY), the M4 LE6946CQB is a gas operated semi-automatic ri�le with a 10.3-inch barrel that is engineered with a 1/7 twist and �ires 5.56/.223 caliber ammunition. These are assigned to the SWAT equipment truck to be used for training purposes only when of�icers attend training at SWAT schools/academies. d. DANIEL DEFENSE DDM4 MK18 RIFLE (CURRENT SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic ri�le with a 10.3-inch barrel that is engineered with a 1/7 twist and �ires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Page 367 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 28 Updated 03/12/2025 Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P-10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 ri�les. Expected Lifespan: The projected ri�le lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) SMITH AND WESSON M&P- 10 RIFLE .308 CAL (NOT STANDARD ISSUE & SWAT) 1 $1700 $50.00 SMITH & WESSON MP15X RIFLE 5.56 CAL (DEPARTMENT STANDARD PATROL ISSUE) 114 $992 $63.00 COLT M4 LE6946CQB RIFLE 5.56 CAL (SWAT TRAINING ONLY) 2 $1,500 $50.00 Page 368 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 29 Updated 03/12/2025 DANIEL DEFENSE DDM4 MK18 RIFLE 5.56 CAL (SWAT STANDARD ISSUE) 24 $2,083 $50.00 Training: Sworn department members are required to complete annual training and quali�ications to operate department ri�les. Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the ri�le for of�icial law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Page 369 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 Updated 03/12/2025 CHULA VISTA POLICE DEPARTMENT 2024-2025 ANNUAL MILITARY EQUIPMENT REPORT INTRODUCTION: The Chula Vista Police Department possesses and utilizes a variety of equipment to safely resolve critical incidents and restore public safety. Some of the equipment is categorized as “military equipment” according to Government Code section 7070. The use of such equipment may greatly assist the department in the furtherance of its mission. The Chula Vista Police Department’s Mission; “In partnership with the community, is dedicated to providing community policing, with the highest level of professionalism and transparency. Chula Vista Police Department employees will provide fair, courteous, and compassionate service to enhance the quality of life in Chula Vista.” The Chula Vista Police Department recognizes that critical incidents can be unpredictable and very dangerous to both officers and the community. The use of military equipment is restricted to certain instances and in some cases only by certain officers and/or units. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, state law, and information available at the time of the equipment’s use. It is incumbent upon incident commanders, supervisors, individual officers, and specific specialized units to recognize the circumstances wherein military equipment should be utilized to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. In addition to maintaining the highest levels of public safety, the Chula Vista Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department submits the following 2024-2025 Annual Military Equipment Report in accordance with annual reporting requirements set forth in California Government Code section 7072. This Annual Military Equipment Report outlines military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns for the time period of January 1, 2024 through April 1, 2025. DEFINITIONS: Pursuant to AB 481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment”.) “Governing body” means the Chula Vista City Council and Mayor. “Military equipment” means the following: 1. Unmanned Aerial Vehicles (UAV’s) and Robots: Page 370 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 Updated 03/12/2025 2. Armored Personnel Carrier: Commercially produced wheeled personnel carrier used for law enforcement purposes. 3. Multi-Purpose Wheeled Vehicles: Command and Control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. This definition applies to the following vehicles: a. Mobile Command Vehicle 4. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. a. Ammunition of .50 Caliber or Greater: however, standard issue shotgun ammunition is specifically excluded from this definition. 5. Specialized Firearms / Ammunition less than .50 Caliber: including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 6. Any firearm or firearm accessory that is designed to launch explosive projectiles. 7. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. This definition applies to all the Department’s inventory of flashbangs, pepper ball launchers and related ammunition. Additionally, this definition applies to all the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog. 8. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all the Department’s inventory of 40 mm projectile launchers, which include 40 mm multi-launchers and bean bag shotguns, as well as all associated munitions. This definition also applies to the Department’s inventory of SIM ammunition and SIM modified weapons utilized by the SWAT Unit, In-Service Training Unit, and Police Academy for training. 9. Any other equipment as determined by a governing body or a state agency to require additional oversight. 11. “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military equipment use policy” refers to the Chula Vista Police Department Policy and Procedure and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all the following: Page 371 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 Updated 03/12/2025 1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. 2. The purposes and authorized uses for which the Department proposes to use each type of military equipment. 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. 6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. 7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner. CVPD MILITARY EQUIPMENT The Chula Vista Police Department’s inventory of military equipment is varied and may fluctuate regularly, in particular the consumable items such as ammunition, chemical agents, or less lethal systems. This fluctuation in the inventory is based on several factors such as use for training, maintenance, deterioration, expiration, deployments, and manufacturer’s guidelines for replacement. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachment reflects approximations of certain consumable items of military equipment at the time of this policy’s publication. The Chula Vista Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature, and the mere possession of the military equipment does not warrant its use for every incident. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a peaceful resolution in a peaceful and safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units or officers trained and certified for it use. The following sections outline the various types, descriptions, and guidelines for the use of military equipment from January 1, 2024 – April 1, 2025. Page 372 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 Updated 03/12/2025 [*NOTE: The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachment reflects approximations of certain consumable items of military equipment at the time of this policy’s publication.] A. Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1. Uncrewed Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.1 Description and capabilities: a. DJI MAVIC MINI 2, Miniature UAS that weighs approx. 249 grams and can record video and audio with approximately 30 minutes of flight time. b. DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 grams and has video recording capabilities, approx. 27 minutes of flight time. c. DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker, and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of flight time. d. DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1100 grams, approx. 31 minutes of flight time. e. DJI MATRICE 4T, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1219 grams, approx. 49 minutes of flight time. f. DJI M300 with H20T, UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. g. DJI M350 with H20T, UAS that has 55 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6470 grams. Has video recording capabilities. h. DJI M210v2 with z30, UAS that has 35 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140 grams. Has video recording capabilities. i. DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. 1 Government Code section 7070 uses the term “unmanned” where the FAA uses the term “uncrewed.” For compliance with the Government Code reporting purposes and consistency, this report will use the term “unmanned” Page 373 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 Updated 03/12/2025 j. DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of flight time. k. DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of flight time. l. SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of flight time. m. SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutes of flight time. n. PARROT ANAFI, UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of flight time. o. BRINC LEMUR S, UAS with 1080p HD and IR camera, weighs 1088 grams. Has video recording capabilities, approx. 31 minutes of flight time. p. DJI AVATA, UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of flight time. q. DJI AVATA 2, UAS with 4K camera, weighs approx. 377 grams. Has video recording capabilities, approx. 23 minutes of flight time. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:  Major collision investigations  Search for missing or wanted persons  Fires  Major incidents  Calls for service  Natural disaster management  Crime scene photography  SWAT, tactical or other public safety and life preservation missions  In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3- 5 years. Page 374 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact (with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DJI MAVIC MINI 2 2 $400 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI INSPIRE 2 1 $3,299 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE 4 $2,399 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED 2 $6,500 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 375 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 Updated 03/12/2025 DJI Matrice 4T 1 $7,999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M300 with H20T 7 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M350 with H20T 1 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M210v2 with z30 2 $32,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI PHANTOM 4 1 $1,600 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 376 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 Updated 03/12/2025 DJI MAVIC 2 ZOOM 1 $1,999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC PRO 1 $1,289 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). SKYDIO 2 4 $999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment. SKYDIO X2 (Color/Thermal 2 $14,499 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 377 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 Updated 03/12/2025 PARROT ANAFI 1 $2,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). BRINC LEMUR S 2 $22,996 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI AVATA 2 $1,388 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 378 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 Updated 03/12/2025 DJI AVATA 2 2 $1,199 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613 – UAS Operations, and the FAA Regulation 14 CFR Part 107. It is the policy of the CVPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. Operational Use for 2024-2025 From January 1, 2024, through January 11, 2025, the following UAS flights occurred:  Approximately 3,114 flights for Drone as First Responder (DFR)  Approximately 294 field tactical deployments. Field tactical deployments include crime scene mapping, looking for missing person or dangerous subjects. Additionally, UAS team supported SWAT on (2) missions. 2024-2025 UAS Acquisitions The Chula Vista Police Department (CVPD) anticipates the acquisition of additional drones in 2025 to further expand the already approved drone fleet. Currently, the specific costs and models associated with these potential purchases remain undetermined. In addition, CVPD has replaced one drone with a drone funded by the Chula Vista Police Foundation: one DJI Matrice 350 RTK drone replaces one out of service DJI Matrice 300 drone. The department is considering the procurement of six additional Drone as First Responder (DFR) drones, following the non-acquisition of five DFR drones intended for purchase in the previous year. It is estimated that the total expenditure for these drone purchases is approximated at $75,000, with funding sourced from either the Chula Vista Police Foundation or police asset seizure funds. Any new acquisitions will be utilized as previously approved by the City Council and in compliance with the established Military Equipment Use Policy and Assembly Bill 481. Page 379 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 Updated 03/12/2025 UAS Personnel Costs  The CVPD DFR program includes full-time positions for (1) police lieutenant, (1) police sergeant, (2) police officer pilots, and contract staffing (Flying Lion).  In March 2023, the DFR program expanded contract staffing to include nighttime operations (Friday - Sunday) funded through Measure A.  The DFR program is funded through Measure A with an annual cost of $1.9 million. Complaints/Policy Violations No UAS complaints or policy violations for this reporting period. 2. Robot: An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Description and capabilities: a. ROBOTEX AVATAR III, the Robotex Avatar III is a heavy-duty robot. It has stair climbing ability and an arm capable of remote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT Team; however, it can be used for other authorized patrol functions. It operates as a de- escalation tool in a variety of capacities (see Purpose section below). Purpose To be deployed when its use would assist officers or incident commanders with the following situations, which include but are not limited to:  Remotely gain visual/audio data  Deliver phone during hostage/barricaded subject negotiations  Open doors  Disrupt suspicious/dangerous packages  Training/authorized public exhibition Authorized Use Only sworn personnel who have been trained on the robot’s function, use, and capabilities shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Page 380 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) ROBOTEX AVATAR III 1 $40,793.56 $0 Training All robot operators must complete in-house training in the use, function, and deployment of the robot by trained robot operators. Legal and Procedural Rules The use of the robot is for official law enforcement purposes only, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. Operational Use for 2024 The Robotex Avatar robot was not used during this reporting period. Complaints/Policy Violations No robot complaints or policy violations for this reporting period. B. Command and Control Vehicles 1. Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access to Police Department computer systems, and restroom facilities on extended events. Description and capabilities: a. Freightliner M2-106, The CP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Page 381 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 Updated 03/12/2025 Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use The CP shall be operated by officers trained in their deployment and in a manner consistent with State Law regarding the operation of motor vehicles. Furthermore, only officers who have completed the California Class B Commercial driver training provided by the Department and properly licensed will be permitted to drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 25 & 25) (Approx. for maintenance and repair) Freightliner M2-106 Mobile Command Post 1 $778,000 Regional Asset Funded through UASI grant $2000 Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driver has shown competence in the vehicle handling, the driver will operate the vehicle throughout the city with an experienced driver. Drivers shall also undergo California Department of Motor Vehicles commercial vehicle testing. In addition, each driver shall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for official law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. Page 382 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 Updated 03/12/2025 2. SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWAT members access to equipment and uniforms during critical events. Description and capabilities: a. Freightliner M2 106 chassis (custom build), The SWAT equipment truck is used as a mobile storage unit and is deployed to critical incidents to provide SWAT team members rapid access to necessary equipment. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized use The equipment truck shall be used by officers trained in its deployment and in a manner consistent with Department training. Officers with a valid California Class C license may operate the equipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) Freightliner M2 106 chassis (custom build) SWAT equipment truck 1 $406,286.24 Obtained through asset seizure funds $7008 Training Drivers shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Page 383 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 Updated 03/12/2025 Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Law regarding the operation of motor vehicles. Operational Use for 2024  The Mobile Command Vehicle was used 10 times during this reporting period. 6 uses for DUI checkpoints and 4 uses for special event support.  The SWAT Command Vehicle was used 2 times during this reporting period. Both uses for SWAT callouts. Complaints/Policy Violations No command vehicle complaints or policy violations for this reporting period. C. Armored Personnel Carriers 1. Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. Description and capabilities: a. 2011 LENCO BEARCAT G2, The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for safe rescue of injured citizens and officers. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the specific circumstances of a given critical incident. Officers may deploy the armored vehicle during exigent circumstances, such as officer/citizen rescues, without prior approval. If deployed under exigent circumstances, a supervisor shall be notified as soon as practical. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department training. Expected lifespan Lenco Bearcat model G2 – 25 years. Page 384 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) 2011 LENCO BEARCAT G2 1 $315,518.65 Obtained through a Homeland Security Grant $5000 Training The driver shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules All drivers/operators shall be sworn personnel and possess a valid class C driver’s license. The vehicle shall be operated in accordance with State Law regarding the operation of motor vehicles. Operational Use for 2024-2025  The armored personnel vehicle was used 10 times during this reporting period. 2 uses for SWAT responses in the City of Chula Vista, 1 use for assisting the San Diego County Sheriff’s Office SED in serving a high-risk warrant service in the City of San Diego, and 6 uses for Patrol assist with wanted/barricaded/gun related calls for service, and 1 use for special event support. Complaints/Policy Violations No armored vehicle complaints or policy violations for this reporting period. D. Specialty Impact Munition Weapons (SIM) and Associated Munitions 1. 40 MM Launchers and Munitions: 40 MM launchers are utilized by SWAT personnel as a less lethal tool to launch less lethal impact and chemical agent rounds. Description and capabilities: a. DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440, the 40 MM Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique Page 385 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 17 Updated 03/12/2025 direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. b. PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1-40 (also known as #GS0490), the 40 MM Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. c. DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE LAUNCHER #1426, the 40 MM LMT Tactical Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. d. DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262, a less lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. e. DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325, the Exact Impact 40 mm sponge round is a point-of-aim, point-of-impact direct-fire round. It is a lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to:  Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.  Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.  Training exercises or approved public exhibitions. Page 386 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 18 Updated 03/12/2025 Expected lifespan a. Defense Technology #1440 - 15 years Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. b. Penn Arms #GL1-40(also known as #GS0490) - No lifespan indicated by manufacturer. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. c. Defense Technology Model 2262 Liquid Barricade Penetrator - 5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MM Launchers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440. Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. 1 $1987.50 $50 (per unit) PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1- 40 (also known as #GS0490). Although still in our inventory, this item is no longer in service and will be disposed of in accordance with California Law. 4 $1000 $50 (per unit) DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE SHOT LAUNCHER #1426 5 $1,441.77 $50 per unit Page 387 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 19 Updated 03/12/2025 Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262 100 $24.60 $0 DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325 54 $23.00 $0 Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal or chemical agent instructors. SWAT personnel receive additional training annually. SWAT operators who utilize these munitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certified chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 - Control Devices and Techniques policy and PDM 300 - Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS) and associated munitions for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. Operational Use for 2024-2025  The Defense Technology 40mm #2262 ferret round was not used during this reporting period. Complaints/Policy Violations No 40MM complaints or policy violations for this reporting period. 2. SIM barrel conversion kits and SIM training projectiles: A designated barrel or bolt used in a standard firearm or handgun that when fired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to fire standard ammunition. These are non - operational rounds and non-operational weapons systems. They are used for training purposes only. Page 388 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 20 Updated 03/12/2025 Description and capabilities: a. FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES, the bolt assembly includes a bolt carrier group that converts the AR-15/M4 rifle into effective weapons designed to fire force on force 5.56mm paint marker rounds and prevent the firing of lethal ammunition. These bolts are used for training only. b. SIMUNITION SIG SAUER P226 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P226 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition. These conversion kits are used for training only. c. SIMUNITION SIG SAUER P320 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P320 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition. These conversion kits are used for training only. d. SIMUNITION SMITH & WESSON M&P CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Smith & Wesson M&P Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition. These conversion kits are used for training only. e. FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. f. FORCE ON FORCE 9 MM PAINT MARKING ROUINDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. Purpose These systems and munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Rifle caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly – Frequency of use. 5-year limited warranty 5.56mm SIM rounds – At least 5 years. 9mm barrel assembly – Frequency of use. 5-year limited warranty 9mm SIM rounds – At least 5 years. Page 389 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 21 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon (SIM) barrel conversion kits and training projectiles (FOR TRAINING ONLY) FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES 41 $304 $0 SIMUNITION SIG SAUER P226 CONVERSION KITS 16 $205 $0 SIMUNITION SIG SAUER P320 CONVERSION KITS 24 $678.53 $0 SIMUNITION SMITH & WESSON M&P CONVERSION KIT 1 $630.50 FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS Less than 7 cases (3,280 rds) $384.00 Currently have less than 7 cases. Requests to purchase qty 15 cases (500 rounds per case = 7,500 rounds) @ $384 each = $5,760.00. Page 390 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 22 Updated 03/12/2025 FORCE ON FORCE 9MM PAINT MARKING ROUNDS 5 cases (2,600 rds) $384.00 Currently have slightly more than 5 cases. Requests to purchase qty 15 cases (500 rounds per case = 7,500 rounds) @ $384 each = $5,760.00. Training Sworn personnel are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. Operational Use for 2024  This equipment was only used for training purposes during this reporting period. Complaints/Policy Violations There were no complaints or policy violations regarding the use of SIMS during this reporting period. Acquisitions for 2025  Request to purchase Force on Force 5.56mm Marking Rounds to further accommodate department mandatory firearms and tactical training. Quantity 15 @ 384.00 each = $5,760.00.  Request to purchase Force on Force 9mm Marking Rounds to further accommodate department mandatory firearms and tactical training. Quantity 15 @ 384.00 each = $5,760.00. E. Pepperball Launchers and Associated Projectiles: 1. Pepperball launcher and projectiles: A device that discharges projectiles containing pepper powder and glass breaking projectiles. Description and capabilities: a. PepperBall VKS CARBINE, the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a dual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. Page 391 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 23 Updated 03/12/2025 b. PepperBall SX CARBINE, the SX carbine is a compressed air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall SX is a gravity fed system which allows for a firing rate of 10-12 rounds per second. c. PepperBall LIVE-X PROJECTILE, the Live-X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. d. PepperBall GLASS BREAKER PROJECTILE, a solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans. Discharged from a PepperBall launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:  Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.  Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.  Training exercises or approved demonstrations. Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine- 20 years Pepperball Carbine SX- 10 years PepperBall Live-X Projectile- 3 years PepperBall Glass Breaker Projectile- 3 years Page 392 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 24 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) PepperBall VKS CARBINE *2 $849 $50 (per unit) *This quantity was inadvertently reported last year as 11, but should correctly reflect 2. This is because the VKS number encompassed all Pepperball launchers, to include the below item (Carbine SX). PepperBall CARBINE SX *5 $730 $30 (per unit) *This item was inadvertently not reported last year. Since then, 4 have not been serviceable and were disposed of; currently bringing the correct number to 5. PepperBall LIVE-X PROJECTILE 2,415 (500 SWAT + 1,915 Patrol and MFF) 2.99 (per projectile) $0 Page 393 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 25 Updated 03/12/2025 PepperBall GLASS BREAKER PROJECTILE 50 $2.43 (per projectile) $0 Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM – 308 Control Devices and Techniques policy and PDM 300 Use of Force. It is the policy of the CVPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Operational Use for 2024-2025  The PepperBall equipment was deployed by officers 4 times during this reporting period. Complaints/Policy Violations There were no complaints or policy violations regarding the use of PepperBall during this reporting period. F. Less Lethal Shotguns and related munitions 1. Less Lethal Shotgun and Munitions: Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round. The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Description and capabilities: a. REMINGTON 870 LESS LETHAL SHOTGUN, the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of De-escalation. b. 12-GAUGE CTS SUPER SOCK BEANBAG ROUND, a less lethal 2.4 inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) Page 394 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 26 Updated 03/12/2025 feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super -Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited to:  Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest.  Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.  Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun - 25 years. Super Sock Round - No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) REMINGTON 870 LESS LETHAL SHOTGUN 71 $481.38 $50 (per unit) Page 395 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 27 Updated 03/12/2025 12-GAUGE CTS SUPER SOCK BEANBAG ROUND *643 (208 SWAT + 435 Patrol and MFF). $5.00 (per round) $0 Training All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by Department training personnel. Hiring and training of officers is a cause for the projectile inventory being in a state of flux. This is the primary cause for the inventory miscalculation from previous reporting. The reported number of projectiles in 2023-2024 was approximately 435 and is currently at 643 due to a purchase of 250 additional during the year. Legal and Procedural Rules Use is established under PDM 308 - Control Devices and Techniques and PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. Operational Use for 2024  The Less Lethal Beanbag Shotgun was deployed 11 times and the Super Sock Beanbag round 29 times during this reporting period. Complaints/Policy Violations The City received one complaint concerning the use of a bean bag launcher related to a March 2024 incident. Review of this incident found that the use of the bean bag launcher was reasonable and did not violate the military equipment use policy. As a result, no further action was taken. G. Chemical Agents (non-munition) 1. Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. Description and capabilities: a. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for Page 396 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 28 Updated 03/12/2025 indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by law enforcement and corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemical’s effectiveness via heat and vaporization, while minimizing or negating the chance of fire to a structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede-Heat™ CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. c. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, the Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. d. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026, the Triple- Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds a n approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. e. COMBINED TACTICAL SYSTEMS (CTS) BAFFLED CS CANISTER GRENADE #5230B, the design of the CTS Baffled CS Canister Grenade allows the contents to burn and disperse a very high volume of CS irritant agent safely with a very minimal risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade expels its payload through four emission ports in approximately 20- 40 seconds. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:  Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.  Barricaded subjects  Circumstances where a tactical advantage can be obtained. Page 397 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 29 Updated 03/12/2025  Potentially vicious animals.  Training exercises or approved public exhibitions. Authorized Use Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, FLAMELESS TRI- CHAMBER CS GRENADE #1032 50 $31.89 (per canister) $0 DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072 40 $32.30 (per canister) $0 DEFENSE TECHNOLOGY, RIOT CONTROL CS GRENADE #1082 99 $32.70 (per canister) $0 Page 398 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 30 Updated 03/12/2025 DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026 49 $39.90 (per canister) $0 COMBINED TACTICAL SYSTEMS (CTS), BAFFLED CS CANISTER GRENADE #5230B 100 $47.52 (per canister) $0 Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM 308.6 – Tear Gas Guidelines and PDM 300 – Use of Force. It is the policy of the CVPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Operational Use for 2024  The Defense Technology Flameless Tri-Chamber #1032 was used 3 times and the Defense Technologies Riot Control #1082 was used 3 times during training only.  18 Defense Technologies Flameless Tri-Chamber #1032 and 65 Defense Technologies Riot Control #1082 were removed from operational service due to expiration dates. These were retained and will be utilized for training purposes only. Complaints/Policy Violations There were no complaints or policy violations regarding the use of tear gas during this reporting period. Acquisitions for 2025 N/A at this time. Page 399 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 31 Updated 03/12/2025 H. Diversionary Devices 1. Diversionary Devices “Flashbangs”: Diversionary/distraction devices are ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. Description and capabilities: a. COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE, the CTS 7290M is a serialized steel bodied single use non-bursting canister noise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165- 175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. b. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE, the CTS training devices have a re-loadable fuse for repeated training use. These training fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. c. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE, the Liberty Dynamic Electronic Device has a reloadable fuse for repeated deployment. The digital “smart” fuse can be programed to desired delay length, possesses LED indicator lights which provide device condition feedback, and will render itself safe within 60 seconds if there is a failure upon deployment. The sound output is 184 average decibels. During transport and storage, the fuse and device body are kept separate increasing officer safety. d. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE, the Liberty Dynamic Electronic Training Device has a reloadable fuse for repeated training use. These training fuses have similar deployment mechanics as the original devices with a significantly reduced cost. Purpose To produce atmospheric overpressure, a loud report, heat, and brilliant light that may cause short- term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who have been trained by a qualified instructor in the use and deployment of the device. The devices may be used for any of the following circumstances: CTS 7290M  In hostage and barricaded subject situations  In high-risk warrant (search/arrest) services where there may be extreme hazards to officers and/or the public  During other high-risk situations where their use would enhance officer safety  During controlled training exercises. Page 400 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 32 Updated 03/12/2025 CTS 7290MT  During controlled training exercises. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE  In hostage and barricaded subject situations  In high-risk warrant (search/arrest) services where there may be extreme hazards to officers and/or the public  During other high-risk situations where their use would enhance officer safety  During controlled training exercises. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE  During controlled training exercises Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices that have passed the manufacturer warranty date should not be used except in a training environment. All Liberty Dynamic Electronic Devices have a 2-year manufacturer warranty from their shipment date. They have unlimited use and only require replacement if physical or electronic damage occurs. Quantity, Cost, and Fiscal Impact Diversionary Devices “Flashbangs” Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE 43 $40.50 $0 COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE 9 (device bodies) 28 (training fuses) $44.65 (device bodies) $14.65 (training fuses) $0 Page 401 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 33 Updated 03/12/2025 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE 0 (device bodies) 0 (fuses) $604.17 Duplicate request from last year requesting to purchase as an initial package qty of 24 as eventual replacement for current 7290M and 7290MT @ $604.17 = $14,500.00. *This was never obtained last year. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE 0 (device training bodies) 0 (training fuses) (included in initial purchase) (These will be included in the purchase price of the above requested item.) Training Prior to use, SWAT team members must attend a POST certified SWAT academy or equivalent training. SWAT team members who have not yet completed an academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed a diversionary device instructor school. The SWAT team conducts diversionary device training annually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Operational Use for 2024-2025  37 CTS 7290M devices were used for training and demonstration purposes only.  29 CTS 7290MT were only used for training purposes during this reporting period. Complaints/Policy Violations There were no complaints or policy violations regarding the use of diversionary devices during this reporting period. Acquisitions for 2025  Request to purchase Liberty Dynamic Electronic Diversionary Devices and Liberty Dynamic Electronic Diversionary Training Devices when current CTS 7290M and CTS 7290MT device inventory becomes exhausted and can be phased out of operational service. Initial purchase would include 24 devices, 24 training devices, 96 fuses, and 108 training fuses. Quantity 24 @ 604.17 = $14,500.00. * This was not obtained last year and this request is a duplicate. Page 402 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 34 Updated 03/12/2025 I. Specialized Firearms Less than .50 Caliber 1. Assault Rifle: Semi-automatic long-rifle that increases precision and accuracy. Description and capabilities: a. SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic rifle with an 18-inch barrel that is engineered with a 1/10 twist and fires .308 caliber ammunition. b. SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic rifle with a 16-inch barrel that is engineered with a 1/9 twist and fires 5.56/.223 caliber ammunition. c. COLT M4 LE6946CQB RIFLE (SWAT TRAINING USE ONLY), the M4 LE6946CQB is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. These are assigned to the SWAT equipment truck to be used for training purposes only when officers attend training at SWAT schools/academies. d. DANIEL DEFENSE DDM4 MK18 RIFLE (CURRENT SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P-10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 rifles. Acquisitions for 2024-2025 20 additional Smith & Wesson MP15X rifles were obtained and funded by Measure-A for vehicle fleet expansion. Expected Lifespan: The projected rifle lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. Page 403 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 35 Updated 03/12/2025 Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 24 & 25) (Approx. for maintenance and repair) SMITH AND WESSON M&P- 10 RIFLE .308 CAL (NOT STANDARD ISSUE & SWAT) 1 $1700 $50.00 SMITH & WESSON MP15X RIFLE 5.56 CAL (DEPARTMENT STANDARD PATROL ISSUE) 114 $992 $63.00 COLT M4 LE6946CQB RIFLE 5.56 CAL (SWAT TRAINING ONLY) 2 $1,500 $50.00 DANIEL DEFENSE DDM4 MK18 RIFLE 5.56 CAL (SWAT STANDARD ISSUE) 24 $2,083 $50.00 Training: Sworn department members are required to complete annual training and qualifications to operate department rifles. Page 404 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 36 Updated 03/12/2025 Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Operational Use for 2024 2 Colt M4 rifles were removed from field operations and retained for SWAT training purposes only. Complaints/Policy Violations There were no complaints or policy violations regarding the use of rifles during this reporting period. S W A T SWAT is a budgeted assignment and team positions are considered a collateral duty (part-time assignment). Total CVPD SWAT FY 2024/2025 budget = $191,299. Conclusion The Chula Vista Police Department is committed to the service and protection of our community. With the dynamic nature of critical incidents, the Department employs a variety of military equipment to assist in the swift and safe resolution to these incidents. As the Department’s inventory of military equipment varies, the possession of the equipment does not warrant its use for every incident. The Department strives to effectively protect the public using the latest advancement in technology and equipment while also being transparent with the military equipment use and inventory. Page 405 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Written Communications – Item 8.3 Cappos Hardy – Received 4/15/2025 From: Kathy Sent: Tuesday, April 15, 2025 2:37 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: AB 481 [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov As a lifelong Chula Vistan, I’d like to ask the City Council to set aside their approval of AB 481 until community members have an opportunity to review it at our April 30 meeting. Putting the “cart before the horse” makes no sense. Chula Vista’s mission statement states that the City “fosters a strong sense of community”. This sense of community is enhanced when community members are participants. Please delay your approval until we are actually able to participate. Sincerely, Kathy Cappos Hardy Sent from my iPad Page 406 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Annual Report of CVPD’s Military Equipment Use As Required By CA Assembly Bill 481 (AB481) CHULA VISTA POLICE DEPARTMENT Presented by Page 407 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda INTRODUCTIONS Scott Adkins, Captain, Support Operations Lamar Barrett, Lieutenant / SWAT Commander 2Page 408 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda GOAL OF THIS PRESENTATION •To outline and explain the current uses for military-style equipment utilized by the Chula Vista Police Department. •To describe the need and importance for this equipment, which is to maintain public safety and provide the highest quality of police service to our community. •To provide an annual report to City Council on military-style equipment required by AB481. 3Page 409 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda WHAT IS MILITARY EQUIPMENT? •Commonly used police equipment that was redefined by the California State Legislature under AB481. •This includes command vehicles, drones, less lethal tools, and other equipment already used by the CVPD. •None of the equipment used by the CVPD was obtained from the military and we do not participate in the federal 1033 Surplus Military Equipment Program.4Page 410 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda WHY IS THIS EQUIPMENT IMPORTANT? •To protect life and safeguard the community. •To de -escalate and bring a safe resolution to critical incidents. •To properly equip our officers so they can safely perform their jobs. 5Page 411 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda CHULA VISTA POLICE EQUIPMENT GUIDELINES Military equipment, as defined by AB481, shall only be used under the following circumstances: •The employee has completed all applicable training, including Peace Officer Standards and Training (POST) courses or any other training required by law. •This equipment is used because there is no reasonable alternative that can achieve the same objective for both community and officer safety.6Page 412 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda WE VALUE AND RESPECT HUMAN LIFE The overall purpose of this equipment is de -escalation, safety, and the preservation of human life 7Page 413 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda UNCREWED AERIAL SYSTEMS (UAS) •Our Department UAS inventory contains 36 drones (17 models). •It is the policy of the CVPD to utilize UAS for official law enforcement purposes only, and in the manner that respects the privacy of our community, pursuant to State and Federal Law. •Our UAS program has been safely operating drones since 2018. 8Page 414 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda ROBOT The Chula Vista Police Department possesses one Robot: ROBOTEX AVATAR III. •Provides officers with the ability to remotely search dangerous locations and communicate with armed or violent subjects. •SWAT team and trained sworn personnel have been using the robot since 2013.9Page 415 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 UNCREWED AERIAL SYSTEMS AND ROBOT (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) UAS 3,410 Flights DFR- 3,114 Field Tactical- 294 SWAT Use- 2 0 0 36 3 (2024) TBD (2025) $75,000.00 Maintenance & Battery Replacement ROBOT 0 0 0 1 0 $0.00 Maintenance & Battery Replacement Page 416 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda UAS PERSONNEL COSTS •Drone DFR is a budgeted unit and annual costs are 1.5 million. •This includes full-time positions for (1) police lieutenant, (1) police sergeant, (2) police officer pilots, and contract staffing (Flying Lion). •In March 2024 Drone DFR partially expanded to nighttime flying operations to include (Friday -Sunday) with an additional cost of $322,608.00 funded through Measure A. 11Page 417 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COMMAND AND CONTROL VEHICLES Freightliner M2 -106 Freightliner M2 106 Chassis (custom build) The Chula Vista Police Department has two mobile command vehicles. We have utilized mobile command vehicles since 2006. These vehicles are used for staging personnel and equipment during operations. They also provide a location for dispatch to work from when on -scene, restrooms for personnel, and acts as a briefing location for officers. 12Page 418 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda ARMORED RESCUE VEHICLE The Chula Vista Police Department possesses one armored rescue vehicle: the Lenco Bearcat G2. •The vehicle can be used during critical incidents where ballistic protection will provide a safe advantage to the community and officers. •The vehicle does not contain any mounted weapons. •The Department has utilized this vehicle since 2011. Additionally, the SWAT team has used an armored rescue vehicle of some sort for several decades. 13Page 419 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 COMMAND, CONTROL, AND ARMORED VEHICLES (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) Mobile Command Vehicle 10 4-Special Events 6-DUI Checkpoint 0 0 1 0 $2,000.00 Vehicle Maintenance SWAT Command Vehicle 2 2-SWAT Callouts 0 0 1 0 $7,008.00 Vehicle Maintenance Armored Rescue Vehicle 10 2-SWAT Callouts 6-Patrol Assist 1-Special Event 1-AOA 0 0 1 0 $5,000.00 Vehicle Maintenance Page 420 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 40MM LAUNCHERS •The Chula Vista Police Department possesses five less lethal 40mm launchers. These launchers are equipped to deploy 40mm Specialty Impact Munitions (SIMS). •The purpose of these tools are to limit the escalation of conflict. These tools minimize the potential for lethal force. •The SWAT team has used this type of equipment since the early 1980’s. 15Page 421 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 40MM MUNITION The Chula Vista Police Department utilizes two types of 40mm munitions. These munitions fall into two categories: 1.Chemical Agent 2.Sponge Round (non-chemical agent) Note: The SWAT team has used these types of munitions since the early 1980’s. 16Page 422 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda CHEMICAL AGENTS (HAND - HELD CANISTERS) •Chemical agent canisters release a smoke irritant to produce temporary discomfort and encourage compliance during a critical incident. •Chemical agents are deployed exclusively by SWAT officers as a method of de -escalation. •The SWAT team has used this type of equipment since the early 1980’s. 17Page 423 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 18 40MM LAUNCHERS AND CHEMICAL AGENTS (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations) Current Inventory Quantity (Approximate Cost) 40mm Launchers 0 0 0 5 $250.00 Maintenance 40mm Munition 0 0 0 154 $0.00 Chemical Agents (Hand-Held) 0 0 0 338 $0.00 Page 424 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda LESS LETHAL LAUNCHERS The Department has utilized less lethal launchers since the early 2000’s. Pepper ball launchers (similar to commercial paintball guns) Beanbag launchers 19Page 425 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda DIVERSIONARY DEVICES “FLASHBANGS” •Diversionary devices are serialized, steel bodied, and non-bursting canisters that emit a loud noise and bright light when deployed. •Diversionary devices are distraction tools used to increase officer safety. •Use of diversionary devices are limited to specially trained SWAT officers. •The SWAT team has used diversionary devices since the early 1980’s. 20Page 426 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 21 LESS LETHAL LAUNCHERS AND DIVERSIONARY DEVICES (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) PepperBall Launchers 5 0 0 7 0 $350.00 Maintenance PepperBall Projectiles 5 0 0 2,415 0 $0.00 BeanBag Launchers 11 1 0 71 20 (still pending from 2024) $3,550.00 Maintenance $15,500.00 (pending from 2024) BeanBag Projectiles 29 1 0 643 0 $0.00 Diversionary Devices 0 0 0 43 24 (2024)$14,500.00 one time cost Page 427 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda LONG -RIFLE (NON -ISSUED) The Department has one Smith and Wesson M&P brand long - rifle in its inventory. •This is a precision rifle, and it is used to address a deadly threat with more accuracy and at a greater distance than a handgun. •Only SWAT officers who have trained and qualified with this weapon can deploy it. •The Department has used this weapon since 2015. Additionally, the SWAT team has utilized this type of equipment since the 1970’s. 22Page 428 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda LONG -RIFLE (ISSUED) The Department currently has Smith and Wesson and Colt brand rifles in its inventory. •Smith and Wesson MP15X Rifle – department standard issue •Daniel Defense DDM4 – Current SWAT standard issue •Colt M4 – SWAT Training Only •These are precision rifles and are used to address a deadly threat with more accuracy and at a greater distance than a handgun. •Only sworn personnel who have completed and maintained department training standards can deploy them. 23 Patrol Issued Smith and Wesson MP15X SWAT Colt M4 Training OnlySWAT Issued Daniel Defense DDM4 Page 429 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 24 LONG RIFLES (NON-ISSUED/ISSUED) (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Cost) Smith & Wesson M&P10 (SWAT Issued) 0 0 0 1 0 $50.00 Recurring cost / maintenance Smith & Wesson MP15X (Department Issued) 0 0 0 114 0 $5,700.00 Recurring cost / maintenance Daniel Defense DDM4 (SWAT Issued) 0 0 0 24 0 $1,200.00 Recurring cost / maintenance Colt M4 (SWAT Training Only) 0 0 0 2 0 $50.00 Recurring cost / maintenance Page 430 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SWAT PERSONNEL COSTS •SWAT is a budgeted assignment and team positions are considered a collateral duty (part-time assignment). •Annual cost for CVPD SWAT personnel is $191,299. •Over 92,000 calls for service during the reporting period and SWAT was activated 2 times to assist patrol or an outside police agency. 25Page 431 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda •A specially designed bolt or barrel that when placed into a firearm discharges designated SIM paint marking rounds. •Used exclusively in training scenarios and cannot fire conventional ammunition. •This type of training equipment has been used since the early 2000’s. SIM BARREL CONVERSION KITS FOR TRAINING PURPOSES ONLY 26Page 432 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 27 TRAINING ONLY - CONVERSION KITS, PAINT MARKING ROUNDS, AND DIVERSIONARY DEVICES (ANNUAL EQUIPMENT REPORT) January 1, 2024 – January 11, 2025 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Cost) Training Kits 0 0 0 82 40 (2024)$21,475.22 (one time cost) Training Rounds 0 0 0 3,280 rds 7,500 rds $11,520.00 (one time cost) Training Diversionary Device 0 0 0 9 24 (2024) Included in package purchase price Page 433 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda IN CLOSING •The Chula Vista Police Department respectfully asks the City Council to place an ordinance on first reading that: •Finds the annual report in compliance with AB 481 •Authorizes Council to approve future policy amendments, as appropriate, by Resolution •Each piece of equipment is crucial for the Department’s ability to maintain public safety. 28Page 434 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda THANK YOU Page 435 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE City Position Vacancies: Status of City Vacancies and Recruitment and Retention Efforts for 2024 Report Number: 25-0092 Location: No specific geographic location Department: Human Resources 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 Hear the presentation on the status of City vacancies and recruitment and retention efforts for 2024, as required by California Government Code Section 3502.3, conduct the public hearing, and provide feedback as appropriate. SUMMARY Assembly Bill 2561 was recently signed into law and became effective on January 1, 2025. The law, which added Section 3502.3 to the California Government Code, requires public agencies to present on the status of vacancies and recruitment and retention efforts during a public hearing before their governing board at least once per fiscal year. The law also requires public agencies to present additional information regarding vacancies, upon request by an employee organization, if the vacancy rate within a bargaining unit is at least 20%; and allow employee organizations to make a presentation to City Council. 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; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 436 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Assembly Bill 2561 (“AB 2561”) became effective on January 1, 2025. The law, which added Section 3502.3 to the California Government Code, requires public agencies to present on the status of vacancies and recruitment and retention efforts during a public hearing before their governing board at least once per fiscal year, prior to the adoption of the final budget. The law also requires public agencies to present additional information regarding vacancies, upon request by an employee organization, if the vacancy rate within a bargaining unit is at least 20%; and allow employee organizations to make a presentation to City Council. On March 28, 2025, the City’s six bargaining groups were notified of AB 2561, provided a copy of Government Code Section 3502.3, and offered the opportunity to make a presentation regarding vacancies and recruitment and retention efforts specific to their group. As of December 31, 2024, the vacancy rates for each of the City’s bargaining groups are as follows: Bargaining Group Budgeted Positions Vacancies Vacancy Rate Association of Chula Vista Employees (ACE) 452 50 11.1% International Association of Fire Fighters (IAFF) 207 1 0.5% Mid-Managers/Professionals (MMPR) 88 9 10.2% Non-Safety IAFF (Transport) 66 4 6.1% Police Officers’ Association (POA) 285 8 2.8% Western Council of Engineers (WCE) 49 11 22.4% 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 Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of this report. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this report. Page 437 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 ATTACHMENTS None Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 438 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Status of City Vacancies and Recruitment and Retention Efforts for 2024 Item 8.4 Page 439 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Key Points of CA Assembly Bill 2561 Annual Public Hearing Union Presentations Special Report Page 440 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 196 Recruitments Opened 12,473 Applications Received 2,073 Candidates Tested 1,100 Interviews Conducted 166 Lists Established 256 Offers Extended 2024 City Recruitments by the Numbers Page 441 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Vacancy Summary by Bargaining Group 11.1% 0.5% 10.2% 6.1% 2.8% 22.4% ACE IAFF MMPR NIAF POA WCE 11 8 4 9 1 50 As of December 31, 2024 Page 442 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda AB2561 Special Report Vacancies Experienced 19 Western Council of Engineers (WCE) for 2024 224 5 New Positions 6 Promotions / Transfers 4 Retirements / Involuntary Separations 4 Voluntary Separations Applications Received 84 Met Minimum Qualifications (37.5%) 99 Assistant Engineer Applicants (37 Met MQs) 62 Associate Engineer Applicants (31 Met MQs) 63 Senior Civil Engineer Applicants (16 Met MQs) Page 443 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda AB2561 Special Report Western Council of Engineers (WCE) for 2024 Positions Filled in 2024 8 11 137 Vacancies as of Dec 31, 2024 Associate Engineer – 8* Associate Land Surveyor – 1 Senior Civil Engineer – 2 Average Number of Days to Complete Hiring Process Assistant Engineer – 148 Days Associate Engineer – 136 Days Assistant Land Surveyor – 92 Days Page 444 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda AB2561 Special Report Western Council of Engineers (WCE) for 2024 Mid-Contract Salary Adjustments to Address Recruitment & Retention Issues July 2023 Assistant Engineer and Associate Engineer Senior Civil Engineer 5% 10% Page 445 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda AB2561 Special Report Western Council of Engineers (WCE) for 2024 Salary Adjustments in Successor MOU December 2024 Adjustment to Market Median plus 2% or 5% (whichever is higher) Additional adjustments to address recruitment and retention issues: Assistant and Associate Engineer; Assistant and Associate Land Surveyor Senior Civil Engineer and Senior Land Surveyor 4% 1.5% 5% for all Classifications January 2026 + 2027 Page 446 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5% License Pay Registration as a Professional Civil Engineer or Traffic Engineer, Land Surveyor or Licensed Architect AB2561 Special Report Western Council of Engineers (WCE) for 2024 Relocation Allowance Senior Civil Engineer designated as ‘Hard to Fill’ Position – Eligible for Relocation Allowance Referral Incentive Available to Eligible Employees Page 447 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Targeted Recruiting Efforts Targeted advertisements Enhancing recruitment efforts Structured recruitments across program areas to broaden applicant pool AB2561 Special Report Western Council of Engineers (WCE) for 2024 Department-Led Initiatives Ongoing re-evaluation of engineering workforce needs Engineering Internship Program and expansion of outreach efforts to other local colleges and universities Page 448 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Continue to monitor vacancy rates for each employee group, and return to Council as needed to address Evaluate any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process Continue to make annual presentation at City Council meeting to comply with AB 2561 Next Steps Page 449 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Questions? Page 450 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Association of Chula Vista Employees Page 451 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Who We Are ACE is the largest bargaining group in the entire city. 443 service employees 182 different job classifications Representing departments: Public Works, Police, Development Services, Animal Care Facility, Finance, Fire, Libraries, Human Resources, Information Technology, and Recreation. Page 452 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 453 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Vacancy Rate •11.1% Vacancy (Dec 2024) •50 unfilled positions •Critical service gaps in the community Page 454 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Recruitment and Retention •Wages not competitive •City’s Compensation Policy not followed •Losing talent to other cities Page 455 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Impact to Public Safety 25 ACE staff support Fire 103 ACE staff support Police ACE PD operations, ACE Fire operations, and Public Works staff are vital to maintaining public safety. Page 456 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Police Dispatchers Police Dispatchers are overworked. Only 1/3 move forward in the recruitment process. Most demanding in the County. Dispatchers handle approximately 184,000 emergency calls (9-1-1) and 84,000 non-emergency line calls each year, totaling nearly 300,000 calls per year. 60 officers per dispatcher radio –far exceeding the typical average of 12 to 20 officers per radio. Page 457 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Police Dispatchers Dispatchers are also responsible for inputting critical records into the National System, ensuring compliance requirements. Low lateral interest due to workload and pay As a comparison, Chula Vista had 300,000 more push to talk activations than El Cajon PD who ranked second place. Page 458 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Parks Maintenance -Workload Issues with recruitment and retention 35 workers maintain 70 parks, 27 for just core maintenance 8 workers doing specialties – construction and irrigation 22 acres per worker doing the core maintenance Also maintain police department and animal shelter Page 459 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Parks Maintenance -Compensation Pay below market median Specialized roles (pesticide license, irrigation) hard to fill For other Departments in Public Works, many crews have a quota, while the work in Parks never stops. Staff lost to internal transfers or other cities and agencies. Page 460 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Competitive Compensation Critical for recruitment and retention efforts. Employees want fair, market-aligned wages. Page 461 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Employer- Employee Relations Policy Last updated 2005 “If fiscally prudent it is the City’s objective to compensate employees at rates above the middle of the labor market as measured by the median” Page 462 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Chula Vista in the County Context 2nd largest jurisdiction and fastest growing city in the County 13 jurisdictions had increases July 1, 2024 Our pay fell behind within months. Many of these positions that are below the median are in the ACE vacancies. Page 463 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Vacancies Below the Market Median •Aquatic/Recreation Supervisor II/III –2 Vacancies •Building Inspector II –2 Vacancies •Community Engagement Specialist –1 Vacancy •Conservation Specialist II –1 Vacancy •Detentions Officer –3 Vacancies •Development Services Tech II/III –2 Vacancies •Librarian II –2 Vacancies •Library Associate –2 Vacancies •Maintenance Worker II –9 Vacancies •Management Analyst II–2 Vacancies •Open Space Inspector –1 Vacancy •Property & Evidence Specialist –1 Vacancy •Public Works Specialist –1 Vacancy •Registered Veterinary Tech –1 Vacancy •Senior Park Ranger –1 Vacancy •Stormwater Compliance Inspector II –1 Vacancy •Traffic Signal & Light Tech II –1 Vacancy •VOIP Video Conference Specialist –1 Vacancy Total Vacancies Below Median: 36 or 72% Page 464 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 83.90%88.20% 53.30% 67.30% 59.20%60.10% 31.00% 26.00%24.00% 38.00% 25.00%27.00% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Associate Planner Building Inspector II Community Services Officer Development Services Technician II Engineering Technician II Librarian II ACE Classifications on Vacancy List Percentile Ranking from May 2024 to March 2025 May 2024 March 2025 Median Page 465 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 64.20% 57.80%62.00% 53.70% 76.70%74.80% 48.00% 32.00% 48.00% 41.00% 25.00% 39.20% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Maintenance Worker II Management Analyst II Office Specialist Property and Evidence Specialist Recreation Supervisor II Recycling Specialist II ACE Classifications on Vacancy List Percentile Ranking from May 2024 to March 2025 May 2024 March 2025 Median Page 466 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Wage Stagnation - Classifications on Vacancy List Due to this degradation of employee's wages below the median, the 5% COLA that many will receive July 1st will not have a true value of 5% The result is that many of our jobs on the vacancy list are no longer competitive in the local labor market of 18 local jurisdictions Page 467 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda -1.60%-1.17% -8.10% -1.52% -3.64%-3.41% 3.40%3.83% -3.10% 3.48% 1.36%1.59% -9.00% -8.00% -7.00% -6.00% -5.00% -4.00% -3.00% -2.00% -1.00% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% Associate Planner Building Inspector II Community Services Officer Development Services Technician II Engineering Technician II Librarian II Net Value of 5% COLA for Classifications Under Median on Vacancy List March 2025 July 2025 Page 468 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda -0.70% -2.37% -0.51% -6.20%-5.78% -3.41% 4.30% 2.63% 4.49% -1.20%-0.78% 1.59% -7.00% -6.00% -5.00% -4.00% -3.00% -2.00% -1.00% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% Maintenance Worker II Management Analyst II Office Specialist Property and Evidence Specialist Recreation Supervisor II Recycling Specialist II Net Value of 5% COLA for Classifications Under Median on Vacancy List March 2025 July 2025 Page 469 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Conclusion Competitive compensation is critical for our recruitment and retention efforts. ACE workers deserve to be compensated fairly and equitable compared to the local labor market without needing to catch up every 2-3 years. The City can pay ACE employees fair and equitably by following its Compensation Policy to be fiscally prudent in budgeting to keep ACE Employees from falling below the median of the local market. We truly hope that the City will invest in its workforce so that our workers are compensated fairly for the work that they do so that we do not continue to lose talented employees to other cities. Page 470 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 471 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Agreements: Approving a Project Labor Agreement with the San Diego Building and Construction Trades Council, AFL-CIO, and Signatory Craft Councils and Local Unions Report Number: 24-0264 Location: No specific geographic location Department: City Manager G.C. § 84308 Regulations Apply: Yes Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving a Project Labor Agreement with the San Diego Building and Construction Trades Council, AFL-CIO, and the signatory craft councils and local unions signing the agreement, applicable to City capital improvement projects with a cost of $1,000,000 or greater. SUMMARY On May 9, 2023, the City Council Labor Relations Ad Hoc Subcommittee issued a report on findings and recommendations to the City Council, including a recommendation to engage in a process to develop a citywide Project Labor Agreement with input from the San Diego Building and Construction Trades Council. A Project Labor Agreement has been negotiated per this direction and is recommended for adoption. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity, entering into a Project Labor Agreement, is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 472 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On March 28, 2023, the City Council approved the establishment of a Labor Relations Ad Hoc Subcommittee comprised of then Deputy Mayor Jose Preciado and Councilmember Andrea Cardenas (the “Labor Relations Subcommittee”). The Labor Relations Subcommittee held a series of meetings with various stakeholders to discuss issues relating to safety conditions and enhancements for traffic control workers, the potential need for a contractor transparency ordinance, and the process to adopt a citywide project labor agreement (“PLA”). On May 9, 2023, the Labor Relations Subcommittee issued a report and recommended that the City Council refer the following to the City Manager’s Office: 1. Draft a municipal code amendment to address safety conditions and enhancements impacting traffic control workers. 2. Develop a labor transparency ordinance to be consistent with similar policies across the County of San Diego, and identify City needs for ordinance enforcement. 3. Formally engage in the process to develop a citywide Project Labor Agreement (“PLA”) with input from the San Diego Building and Construction Trades Council. The City Council supported the recommended referral at the May 9, 2023 meeting and directed the City Manager to return with a report on implementation within 90 days. Staff returned on August 8, 2023 with a report on implementation to date and a request for direction. At the August meeting, City Council directed staff to return with the following items on September 12, 2023: 1. A municipal code amendment requiring PLAs for projects that a) have a construction cost at time of contract award of $1,000,000 or more and are constructed on City-owned property; or b) are housing projects receiving $5,000,000 or more in funding from the City. 2. A municipal code amendment addressing labor transparency. 3. A municipal code amendment addressing safety conditions and enhancements by establishing a traffic control worker minimum wage. 4. A municipal code amendment establishing a minimum wage for healthcare workers. Staff returned pursuant to the City Council’s direction on September 12th, and the City Council took the following actions: 1. Placed an ordinance on first reading amending Chapter 2.59 and addition Chapter 2.71 “Project Labor Agreements” of Title 2 of the Chula Vista Municipal Code. 2. Approved Resolution No. 2023-137 adopting a City Council Policy relating to Project Labor Agreements on City Capital Improvement Projects. 3. Placed an ordinance on first reading adding Chapter 2.72 “Construction Contractor and Subcontractor Reporting” to Title 2 of the Chula Vista Municipal Code. 4. Placed an ordinance on first reading adding Chapter 2.73 “Traffic Control Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code. Page 473 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 3 Second reading and adoption of No. 1 (Project Labor Agreements) and No. 3 (Contractor and Subcontractor Reporting) above occurred on September 19, 2023 (Ordinance Nos. 3554 and 3555, respectively). No. 4 (Traffic Control Worker Minimum Wage) was modified on September 19th and placed on first reading again, with second reading and adoption occurring on October 3, 2023 (Ordinance No. 3557). Project Labor Agreement The final component of the original May 2023 referral is consideration of entering into a citywide PLA with the San Diego Building and Construction Trades Council, consistent with Chula Vista Municipal Code (“CVMC”) Chapter 2.71 (Project Labor Agreements) and City Council Policy 510-01 (Project Labor Agreements for City Capital Improvement Projects) (Attachment 1). The proposed PLA would apply to all City capital improvement projects with an estimated construction cost at time of award of $1,000,000 or greater. In addition, pursuant to CVMC 2.71.040, Developers of 1) projects constructed on City-Owned Property with a construction cost of $1,000,000 or more at the time of construction contract award or 2) Subsidized Housing Projects receiving $5,000,000 or more in City or Housing Authority funds shall also be required to enter into a PLA (capitalized terms as defined in CVMC Chapter 2.71). Such Developers shall have the option to negotiate a project-specific PLA or to sign onto a citywide PLA. Staff recommends approving the PLA as presented, with an effective date of April 15, 2025. An initial term of 5 years and 2 months is proposed (to coincide with the end of the fiscal year), with an optional 5-year extension upon mutual agreement of the parties, for a total maximum term of 10 years. Administering a citywide PLA may require significant staff effort. Initially, staff recommends contracting with a 3rd party to act as the City’s Project Labor Coordinator, the City’s designee for purposes of monitoring compliance with the PLA and assisting with developing, implementing, and administering the requirements, policies, and programs referenced therein. An RFP for such services will be issued following City Council approval of a citywide PLA. Staff will closely monitor this effort and may recommend allocating additional resources in the future, as appropriate. With this action, the May 9, 2023 referral is complete. Staff will continue to implement the new ordinances, policies, and agreements that were adopted as result of the referral. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no quantifiable current-year fiscal impact as a result of approving a citywide PLA. As described in the August 8, 2023 staff report, there is ample evidence indicating that PLAs contain costs, just as there is ample evidence indicated that PLAs result in higher construction costs. Actual fiscal impacts will likely vary Page 474 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 4 based on workforce market conditions. Costs associated with Project Labor Coordinator services will be determined through a competitive procurement process. ONGOING FISCAL IMPACT There is no quantifiable ongoing fiscal impact as a result of approving a citywide PLA. As described in the August 8, 2023 staff report, there is ample evidence indicating that PLAs contain costs, just as there is ample evidence indicated that PLAs result in higher construction costs. Actual fiscal impacts will likely vary based on workforce market conditions. Costs associated with Project Labor Coordinator services will be determined through a competitive procurement process. ATTACHMENTS 1. City Council Policy 510-01 (Project Labor Agreements for City Capital Improvement Projects) 2. Proposed PLA with San Diego Building and Construction Trades Council Staff Contact: Tiffany Allen, Assistant City Manager Page 475 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PROJECT LABOR AGREEMENT BY AND AMONG THE CITY AND THE SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL- CIO, AND THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS SIGNING THE AGREEMENT WHEREAS, on March 28, 2023, the City Council approved the establishment of a Labor Relations Ad Hoc Subcommittee (the “Subcommittee”); and WHEREAS, the Subcommittee held a series of meetings with various stakeholders to discuss issues relating to labor relations, culminating in a report and policy recommendations issued on May 9, 2023, including a recommendation to formally engage in a process to develop a citywide Project Labor Agreement (“PLA”) with input from the San Diego Building and Construction Trades Council (the “Trades Council”); and WHEREAS, the City Council subsequently approved Resolution No. 2023-137, adopting City Council Policy 510-01, relating to Project Labor Agreements on City Capital Improvement Projects and adopted Ordinance No. 3554, amending Chula Vista Municipal Code (“CVMC”) Chapter 2.59 and adding CVMC Chapter 2.71 “Project Labor Agreements”; and WHEREAS, the City spends approximately $45,000,000 on average, each year on public works capital improvement projects (“CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and WHEREAS, the City’s public works CIPs typically incur construction costs between $150,000 and $5,000,000; and WHEREAS, the City enters into approximately 5 public works CIP construction contracts with a value in excess of $1,000,000 each year (the “Covered Projects”); and WHEREAS, the City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppage; and WHEREAS, the successful completion of the Covered Projects is of the utmost importance to the City; and WHEREAS, large number of workers of various skills will be required in the performance of the construction work on the Covered Projects, including workers affiliated with and/or represented by local unions; and WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for Page 476 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 work disruption is substantial without an overriding commitment to maintain continuity of work; and WHEREAS, City expects that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability, City desires to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects and to secure an agreement from contractors not to engage in lockouts; and WHEREAS, the City places a high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of apprenticeship programs to provide meaningful and sustainable careers in the building and construction industry; and WHEREAS, City therefore desires to enter into a citywide Project Labor Agreement with the Trades Council and the signatory craft councils and local unions that may sign the agreement, in the form presented in Exhibit 1 to this resolution, effective April 15, 2025, with an initial term of five-years and two months (to coincide with the end of the fiscal year) and one optional five- year extension upon mutual agreement of the Parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Project Labor Agreement, by and among the City and the San Diego Building and Construction Trades Council, AFL-CIO, and the Signatory Craft Councils and Local Unions Signing the Agreement, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Tiffany Allen Marco A. Verdugo Assistant City Manager City Attorney Page 477 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Project Labor Agreements for City Capital Improvement Projects POLICY NUMBER EFFECTIVE DATE PAGE 510-01 9/12/2023 1 OF 1 ADOPTED BY: 2023-137 DATED: 9/12/2023 AMENDED BY: BACKGROUND A Project Labor Agreement (“PLA”) is a pre-hire collective bargaining agreement negotiated between one or more construction unions and one or more construction employers (contractors/project owners) that establish the terms and conditions of employment for a specific construction project. PLAs are an effective tool to ensure timely completion of projects at or under budget; provide employers with a reliable source of highly skilled workers; increase diversity and support equitable workforce development; and improve worker health and safety on the job. PURPOSE The purpose of this policy (the “Policy”) is to establish guidelines for the use of Project Labor Agreements on certain City constructed capital improvement projects. POLICY City of Chula Vista staff shall engage with the San Diego County Building and Construction Trades Council and other interested unions to negotiate a Citywide PLA, to be applicable to all City capital improvement projects with a construction cost at time of award of $1,000,000 or greater. Once an agreement has been reached in PLA negotiations, the PLA must be approved by the City Council. Upon approval by the City Council, the PLA will take effect as of the effective date set forth in the PLA. A copy of the PLA will then be included in any applicable solicitation documents for a construction project covered by this Policy. The City Council reserves its sole and absolute discretion to determine what constitutes a capital improvement project for purposes of this Policy. Page 478 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda PROJECT LABOR AGREEMENT by and among THE CITY OF CHULA VISTA, a California charter city and municipal corporation, and THE SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO and THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS SIGNING THIS AGREEMENT Effective April 15, 2025 Page 479 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda i TABLE OF CONTENTS Page Article 1. Definitions .......................................................................................................................... 2 Article 2. Scope of the Agreement ...................................................................................................... 4 2.1 General ................................................................................................................... 4 2.2 Funding-Based Exception ...................................................................................... 4 2.3 Included Work ....................................................................................................... 5 2.4 Excluded Work ...................................................................................................... 6 2.5 Awarding of Contracts ........................................................................................... 7 2.6 Master Labor Agreements ..................................................................................... 8 2.7 Instrument Calibration and Loop Checking Exception.......................................... 9 Article 3. Duration and Applicability of Agreement .......................................................................... 9 3.1 Duration ................................................................................................................. 9 3.2 Limits to Applicability ........................................................................................... 9 3.3 Binding on Signatories Only .................................................................................. 9 3.4 Other City Work .................................................................................................... 9 3.5 Completed Covered Projects ................................................................................. 9 3.6 Final Termination .................................................................................................. 9 Article 4. Union Recognition and Employment ................................................................................ 10 4.1 Recognition .......................................................................................................... 10 4.2 Contractor Selection of Employees ..................................................................... 10 4.3 Referral Procedures .............................................................................................. 10 Article 5. Equal Employment Opportunity and Nondiscrimination ................................................. 10 5.1 Nondiscrimination in Referral, Employment, and Contracting ........................... 10 5.2 Disabled Veterans and Small Business Enterprise Program ................................ 11 5.3 Core Employees ................................................................................................... 11 5.4 Employment of Local Hires and Disadvantaged Workers ................................... 12 5.5 Time for Referral ................................................................................................. 13 5.6 Lack of Referral Procedure .................................................................................. 13 5.7 City to Monitor Compliance ................................................................................ 13 5.8 Union Membership .............................................................................................. 13 5.9 Foremen ............................................................................................................... 14 5.10 Skilled and Trained Workforce ............................................................................ 14 Article 6. Union Access and Stewards .............................................................................................. 14 6.1 Access to Covered Project Sites .......................................................................... 14 6.2 Stewards ............................................................................................................... 14 6.3 Steward Layoff/Discharge ................................................................................... 15 6.4 Employees on Non-Covered Projects .................................................................. 15 Article 7. Wages and Benefits .......................................................................................................... 15 7.1 Wages .................................................................................................................. 15 7.2 Benefits ................................................................................................................ 15 7.3 Wage Premiums ................................................................................................... 16 7.4 Compliance with Prevailing Wage Laws ............................................................. 16 Article 8. Work Stoppages and Lockouts ......................................................................................... 16 8.1 No Work Stoppages or Disruptive Activity ......................................................... 16 8.2 Employee Violations............................................................................................ 17 Page 480 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda ii 8.3 Standing to Enforce ............................................................................................. 17 8.4 Expiration of Master Labor Agreements ............................................................. 17 8.5 No Lockouts ......................................................................................................... 17 8.6 Best Efforts to End Violations ............................................................................. 17 8.7 Arbitration Procedure .......................................................................................... 18 8.8 Liquidated Damages ............................................................................................ 19 8.9 Payroll and Benefit Delinquencies....................................................................... 20 Article 9 Work Assignments and Jurisdictional Disputes................................................................ 21 9.1 No Jobsite Disruption .......................................................................................... 21 9.2 Jurisdictional Disputes ......................................................................................... 21 9.3 Failure to Comply ................................................................................................ 21 9.4 Pre-Job Conference .............................................................................................. 21 Article 10 Management Rights .......................................................................................................... 21 10.1 Contractor and City Rights .................................................................................. 21 10.2 Specific City Rights ............................................................................................. 22 10.3 Use of Materials ................................................................................................... 22 10.4 Special Equipment, Warranties, and Guaranties .................................................. 22 Article 11 Grievances and Disputes ................................................................................................... 23 11.1 Cooperation and Harmony on Covered Project Sites .......................................... 23 11.2 Processing Grievances ......................................................................................... 23 11.3 Limitations on Use of Procedures ........................................................................ 25 11.4 Notice ................................................................................................................... 25 Article 12 Compliance ....................................................................................................................... 25 12.1 Compliance with All Laws .................................................................................. 25 Article 13 Safety and Protection of Person and Property .................................................................. 25 13.1 Safety ................................................................................................................... 25 13.2 Drug and Alcohol Testing Policy ........................................................................ 25 13.3 Inspection ............................................................................................................. 25 Article 14 Travel, Subsistence, and Parking ...................................................................................... 25 14.1 Applicability ........................................................................................................ 25 Article 15 Apprentices ....................................................................................................................... 26 15.1 Importance of Training ........................................................................................ 26 15.2 Use of Apprentices............................................................................................... 26 Article 16 Work Opportunities Program ............................................................................................ 26 16.1 Intent .................................................................................................................... 26 Article 17 Helmets to Hardhats .......................................................................................................... 27 17.1 Veterans Entry into Building and Construction Trades ....................................... 27 17.2 Integrated Database .............................................................................................. 27 Article 18 Pre-Job Conference ........................................................................................................... 27 18.1 Pre-Job Conference Required .............................................................................. 27 18.2 Failure to Conduct ............................................................................................... 28 18.3 Project Labor Coordinator Participation .............................................................. 28 Article 19 Labor/Management and Cooperation ............................................................................... 28 19.1 Labor/Management Collaboration Meetings ....................................................... 28 Article 20 Legal Action ..................................................................................................................... 28 20.1 Legal Action ........................................................................................................ 28 Page 481 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda iii Article 21 Savings and Severability ................................................................................................... 29 21.1 Savings Clause ..................................................................................................... 29 21.2 Effect of Injunctions or Other Court Orders ........................................................ 29 Article 22 Waiver ............................................................................................................................. 29 22.1 Waiver .................................................................................................................. 29 Article 23 Amendments ..................................................................................................................... 29 23.1 Amendments ........................................................................................................ 29 Article 24 Miscellaneous Provisions ................................................................................................. 29 24.1 Construction ......................................................................................................... 29 Page 482 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 1 PROJECT LABOR AGREEMENT This PROJECT LABOR AGREEMENT (“PLA” or the “Agreement”) is entered into by and between the City of Chula Vista, a chartered municipal corporation (the “City”), the San Diego County Building and Construction Trades Council, AFL-CIO (the “Trades Council”), and the signatory Craft Unions (the “Union(s)”) (each a “Party”, together, the “Parties”), effective as of this 15th day of April, 2025 (the “Effective Date”). RECITALS A. WHEREAS, the City spends approximately $45 million, on average, each year on public works capital improvement projects (“CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and B. WHEREAS, the City’s public works CIPs typically incur construction costs between $150,000 and $5,000,000; and C. WHEREAS, each year, the City enters into approximately 5 public works CIP construction contracts with a value in excess of $1,000,000 (the “Covered Projects”); and D. WHEREAS, City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and E. WHEREAS, the successful completion of the Covered Projects is of the utmost importance to the City; and F. WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on the Covered Projects, including workers affiliated with and/or represented by the Unions; and G. WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and H. WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and I. WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects, and the Contractors agree not to engage in any lockout; and J. WHEREAS, the City places high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction industry. The Parties will encourage Local Residents and Disadvantaged Workers to participate in Covered Page 483 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 2 Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this Agreement; and K. WHEREAS, it is further understood that the City shall administer and enforce the obligations of this Agreement to ensure that the benefits of this Agreement flow to all signatory Parties, craft persons working under it, and Local Residents. AGREEMENT NOW THEREFORE, in consideration of the above Recitals, and the covenants contained herein, the Parties agree as follows: ARTICLE 1. DEFINITIONS Unless the context otherwise requires, the terms defined in this Article 1 shall, for all purposes of this Agreement, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. 1.1 Agreement. “Agreement” shall have the meaning given to such term in the preamble. 1.2 Applicable Prevailing Wage Laws. “Applicable Prevailing Wage Laws” means the prevailing wage laws, regulations, and determinations applicable to a Covered Project pursuant to the State of California Labor Code and/or the Davis-Bacon Act and related federal laws. 1.3 Apprentice. “Apprentice” means a craft employee registered and participating in an Apprenticeship Program for the entire time they are employed on a Covered Project. 1.4 Apprenticeship Program. “Apprenticeship Program” means an apprenticeship program (i) approved by the State of California’s Division of Apprenticeship Standards; (ii) registered with the U.S. Department of Labor; or (iii) registered with a State Apprenticeship Agency granted aut hority by the U.S. Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29. 1.5 Building and Construction Trades Department. “Building and Construction Trades Department” means the Building and Construction Trades Department of the American Federation of Labor-Congress of International Industrial Organizations. 1.6 Center. “Center” means the Center for Military Recruitment, Assessment and Veterans Employment, a 501(c)3 nonprofit organization. 1.7 City. “City” shall have the meaning given to such term in the preamble. 1.8 City Manager. “City Manager” means the City Manager of the City of Chula Vista, or designee. 1.9 Contractor. “Contractor” means any individual, firm, partnership, corporation, owner operator, consultant, or combination thereof, including joint ventures, which has entered into a Covered Contract, including the Prime Contractor and subcontractors of any tier, performing Covered Work. 1.10 Cooperative Purchasing Agreement. “Cooperative Purchasing Agreement” means a contract, arrangement or agreement to purchase supplies, equipment or services through a cooperative purchasing program with the state of California, the County of San Diego, the City of San Diego, or any other public agency, including a joint exercise of powers authority, school district, or water authority within Page 484 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 3 the United States; provided that such items are purchased through a competitive process that the City’s Purchasing Agent determines to be consistent with good purchasing practices, as authorized by Chula Vista Municipal Code Section 2.56.140. 1.11 Core Employee. “Core Employee” means an employee of a Contractor that is not a Union member. 1.12 Covered Contract. “Covered Contract” means a prime contract or subcontract awarded for performance of the Covered Work, or an individual job order constituting a Covered Project. 1.13 Covered Project. “Covered Project” shall have the meaning given to such term in Recital C. 1.14 Covered Project Site. "Covered Project Site” means the location or locations at which the Covered Work will be performed. 1.15 Covered Work. “Covered Work” means work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this Agreement. 1.16 Disadvantaged Area. “Disadvantaged Area” means a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area (as designed by the U.S. Office of Management and Budget) in which the census tract is located. 1.17 Disadvantaged Worker. “Disadvantaged Worker” means: an individual Domiciled in a Disadvantaged Area that a) has no high school diploma or general education diploma (GED), b) is homeless or has been homeless within the last year, c) is a former foster youth, d) is a custodial single parent, e) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), f) is a current recipient of government cash or food assistance benefits, g) has a documented income at or below 100 percent of the Federal Poverty Level, or g) is formerly incarcerated; or a Veteran residing anywhere. 1.18 Domiciled. “Domiciled” shall have the meaning set forth in Section 349(b) of the California Election Code, indicating a fixed address with intent of continued residency. 1.19 Emergency Work. “Emergency Work” means work performed for the purpose of preventing or alleviating circumstances, then existing or imminent, that are likely to cause danger to persons or property or the interruption of services provided by the City or other public service entities, as determined in the City’s sole and absolute discretion. 1.20 Holiday. “Holiday” means the City-observed holidays established in Chula Vista Municipal Code Section 10.08.110, as it may be amended from time to time. If any holiday listed falls on a Saturday, then the Saturday and the preceding Friday are both legal holidays. If the holiday should fall on a Sunday, then the Sunday and the following Monday are both legal holidays. 1.21 Joint Labor-Management Apprenticeship Program. “Joint Labor-Management Apprenticeship Program” means a Joint Labor-Management Apprenticeship Program approved by the State of California’s Division of Apprenticeship Standards as provided for in the Master Labor Agreement(s). 1.22 Letter of Assent. “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Covered Work, which formally binds such Page 485 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 4 Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “Exhibit A”. 1.23 Local Hires. “Local Hires” means individuals who are employed by Contractors as craft employees to perform Covered Work and have a priority in being dispatched by the respective Unions. 1.24 Local Resident. “Local Resident” means either a resident of the City or a resident of the County of San Diego, excluding the City, that has been identified as a Disadvantaged Worker. 1.25 Lockout. “Lockout” means a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement. Does not include City’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason. 1.26 Master Labor Agreement. “Master Labor Agreement” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Covered Work, as they may be amended from time to time, and which are incorporated herein by reference. 1.27 Party. “Party” shall have the meaning given to such term in the preamble. 1.28 PLA. “PLA” shall have the meaning given to such term in the preamble. 1.29 Plan for Settlement of Disputes. “Plan for Settlement of Disputes” means the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, or any successor plan. 1.30 Prime Contractor. “Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the City. 1.31 Project Labor Coordinator. “Project Labor Coordinator” means the designee of the City, either from staff or a consultant acting on behalf of the City, to monitor compliance with this Agreement and assist with developing, implementing, and administering the requirements, policies, and programs referenced herein. 1.32 Tier 1 Local Hire. “Tier 1 Local Hire” means a Local Hire who is a resident of the City. 1.33 Tier 2 Local Hire. “Tier 2 Local Hire” means a Local Hire who is a resident of the County of San Diego, excluding the City. 1.34 Trades Council. “Trades Council” shall have the meaning given to such term in the preamble. 1.35 Union. “Union” shall have the meaning given to such term in the preamble. 1.36 Veteran. “Veteran” means a veteran or the eligible spouse of a veteran of the United States armed forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215(a)). 1.37 Workforce Dispatch Request Form. “Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Exhibit B. 1.38 Working Day. “Working Day” means Monday through Friday, excluding Holidays. Page 486 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 5 1.39 Work Opportunities Program. “Work Opportunities Program” means a program jointly developed by the Parties to prepare and encourage Local Residents for entrance into Apprenticeship Programs and formal employment on the Covered Projects, as more fully described in Article 16. ARTICLE 2. SCOPE OF THE AGREEMENT 2.1 General. This Agreement shall apply to onsite Covered Work, performed by Contractors(s). 2.2 Funding-Based Exception. The Parties agree and understand that this Agreement shall not apply to any Covered Project, or portion thereof that would otherwise be subject to this Agreement, if a governmental agency or granting authority fully or partially funding such Covered Project determines that it will not fund the Covered Project if it is subject to this Agreement. City will make reasonable effort to establish the inclusion of this Agreement with any governmental agency or granting authority funding a Covered Project. In no circumstance shall City be required to forgo project funding due to potential applicability of this Agreement. 2.3 Included Work. For the avoidance of confusion, items specifically included in the scope of this Agreement include, without limitation, the following: (a) Onsite and Adjacent Work. All onsite site preparation, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project, including, without limitation, the following examples: geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Covered Project), pumps, and pump stations. Onsite work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas, provided that they are adjacent to the Covered Project, and at any onsite or offsite batch plant constructed solely to supply materials to the Covered Project. (b) Systems Work. All startup, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Covered Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by City employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, reword and modifications, and functional and operational testing up to and including the final running test. It is understood that the City’s personnel and/or representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from this Agreement to the extent the work is excluded by Section 2.4. Page 487 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 6 (c) Fabrication. All onsite fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers offsite fabrication to the extent that it is covered by existing Master Labor Agreements in effect at the time of the execution of this Agreement. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as onsite fabrication shall be performed onsite. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and is not subject to this Agreement. (d) Batch Plants and Trucking. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project. Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations. 2.4 Excluded Work. Items specifically excluded from the scope of this Agreement include the following: (a) Non-Manual Employees. Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees. Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a Covered Project, within the State of California’s general prevailing wage determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are SDCCD employees, when this work is performed under a Covered Contract or under a professional services agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Surveyor and Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded. Department of State Architects (DSA), Inspector of Record (IOR) per project will be excluded from the scope of this Agreement provided the DSA-IOR required duties, as outlined in the California Building Standards Administrative Code (Part 1 Title 24 C.C.R.) Article 6, are supervisory and do not conflict with the above-defined scope of work; and Page 488 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 7 (b) Support Services. Non-construction support services contracted by the City or Contractor in connection with Covered Projects; and (c) City Employees. All employees of the City, or any consultants for City (including, but not limited to, project managers, construction managers, and their employees) and their subconsultants and other employees of professional service organizations, not performing manual labor within the scope of this Agreement. (d) Work by Government and Private Utilities. Any work performed on, near, or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors (other than work within the scope of this Agreement undertaken by Contractors to the City) or by private utilities, or their contractors; and (e) Offsite Work. All offsite manufacturing, fabrication, deliveries, maintenance, and handling of materials, equipment, or machinery, and the offsite hauling of materials of any kind to or from the Covered Project site. However, any laydown or storage areas for equipment or material and manufacturing (i.e., prefabrication) sites dedicated solely for the Covered Project, onsite fabrication, and the movement of materials or goods between locations on a Covered Project Site are within the scope of this Agreement. Onsite fabrication work includes work performed for the Covered Project in temporary yards or areas near the Covered Project. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project; and (f) Manufacturer and Vendor Employees. Work performed by employees of a manufacturer or vendor on the manufacturer’s or vendor’s equipment, if required by the warranty agreement in order to maintain the warranty or guarantee, and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection shall be identified and discussed at the relevant pre-job conference. Upon request from the Trades Council, City shall review with the vendor whether installation or application may be performed pursuant to the terms of the Agreement without affecting the status of the warranty; and (g) Specialized or Technical Work. Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess, including but not limited to electrical utility and water utility work on high voltage utility equipment, water well construction, Supervisory Control and Data Acquisition (SCADA) or other computerized equipment, and other specialty utility construction work. At least ten (10) Working Days’ notice shall be given to the Trades Council prior to any work being performed pursuant to this exemption; and (h) Insufficient Number of Bids. Contracts for which there are less than three (3) unrelated, qualified bidders (two (2) for ready-mix concrete), with five (5) Working Days’ written notice to the Business Manager for the Trades Council prior to bids being due that a sufficient number of bids have not been received. This provision shall not apply unless City has: i) provided written notice of the Page 489 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 8 solicitation of bids to at least three (3) contractors (two (2) for ready-mix concrete) that are signatory to a Master Labor Agreement of the Union that has jurisdiction over the work and to such Union concurrently with the first bid solicitation at least twenty-one (21) days in advance of the deadline for receipt of bids; ii) provide the bid specifications, information and bidding requirements directly to any additional union-signatory contractors that the Union has requested receive the bid specifications; iii) established the same bid specifications and requirements for any non-union signatory contractor submitting a bid as were established for any Union- signatory contractor, whether or not the non-union is submitted after City has successfully invoked the provisions of this section due to failure to receive three (3) bids (two (2) for ready-mix concrete); and iv) established bid specifications and requirements that are consistent with City’s usual and customary bidding process and industry practice in the San Diego region; and (i) Substantial Impracticality or Inefficiency. The City may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality; and (j) Substantially Exceeds Engineer’s Estimate. If the lowest responsive and responsible bid exceeds the engineer’s estimate by thirty-five percent (35%) or more, the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA. This exemption cannot be invoked more than twice in any calendar year to exclude a Covered Project or a Covered Contract from the scope of the PLA; and (k) Laboratory testing work; and (l) Emergency Work. 2.5 Awarding of Contracts. (a) Each Union shall provide the Project Labor Coordinator a list of signatory Contractors, whose principal place of business is within the geographic jurisdiction of the City and that routinely perform work within the scope of the Covered Work in such area. The Union shall specify the type of work that such Contractor performs and may amend the list as necessary. City and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two (2) Contractors on the applicable Union’s list for the Covered Work, provided such Contractors meet any applicable City pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions, and scope of work requested of all potential bidders. Notwithstanding the preceding sentence, City has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor, notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Exhibit A hereto, and comply with this Agreement in performance of the Covered Work. (b) It is agreed that all Contractors awarded Covered Work shall be required to accept and be bound by the terms and conditions of this Agreement. Contractors shall Page 490 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9 evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Exhibit A hereto. The Prime Contractor must sign and submit the Letter of Assent as a condition of award prior to the execution of a Covered Contract. No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. (c) It is agreed that, to the extent permitted by law and consistent with the economy and efficiency of construction and operation, City and Contractors will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, City and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontract s on all Covered Projects. 2.6 Master Labor Agreements. (a) Conflicts Between Agreements. The provisions of this Agreement, including the Master Labor Agreements, shall apply to the Covered Work, notwithstanding the provision of any other local, area, and/or national agreement that may conflict with or differ from the terms of this Agreement. In the event of any inconsistency between a Master Labor Agreement and this Agreement, the provisions of this Agreement shall prevail. In the event that this Agreement is silent on a matter that is addressed in a Master Labor Agreement, the provisions of the Master Labor Agreement shall apply. Any dispute as to the applicable source between this Agreement and any Master Labor Agreement shall be resolved under the procedures established in Article 11. (b) No Additional Agreements Required. It is agreed that this Agreement, together with the referenced Master Labor Agreements, constitutes a self -contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. Provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this Agreement, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement for Covered Work and/or expand its obligation to make contributions thereto. It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on the Covered Projects. (c) Continuation. Master Labor Agreements incorporated as part of this Agreement shall continue in full force and effect with regard to Covered Work, until the Master Labor Agreement is modified by parties thereto. 2.7 Instrument Calibration and Loop Checking Exception. Except for work performed under the NTL Articles of Agreement, the Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the Page 491 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 10 UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 8 (Work Stoppages and Lockouts) and Article 11 (Grievances and Disputes) of this Agreement, which shall apply to such Covered Work. ARTICLE 3. DURATION AND APPLICABILITY OF AGREEMENT 3.1 Duration. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect for a term of five (5) years from the Effective Date. Either the City or the Trades Council may provide written notice to the other, such notice to be provided not less than ninety (90) calendar days prior to the expiration of the Agreement, of its intent to extend the Agreement. Upon written mutual consent of the City and the Trades Council, the Agreement may be extended administrative for a period not to exceed five (5) additional years, for a total term of ten (10) years. 3.2 Limits to Applicability. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Covered Projects, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union basis. This Agreement shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this Agreement. 3.3 Binding on Signatories Only. This Agreement and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors. 3.4 Other City Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its account, on its property, or in and around the Covered Project Site. 3.5 Completed Covered Projects. As portions of Covered Projects are completed and accepted by the City, this Agreement shall have no further force or effect on such portions of Covered Projects, except where the Contractor is directed by the City or the Project Labor Coordinator to engage in repairs, modifications, and/or checkout functions required by its contract(s) with the City. Notice of acceptance received by the Contractor will be provided to the Trades Council with the description of the portion, segment, etc. that has been accepted by the City. Acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each item on such list until it is completed to the satisfaction of the City and notice of same is given by the City or its representative to the Contractor. 3.6 Final Termination. Final termination of all obligations, rights, liabilities, and disagreements shall occur upon receipt by the Trades Council of a notice from the City confirming that no work remains within the scope of the Agreement. ARTICLE 4. UNION RECOGNITION AND EMPLOYMENT 4.1 Recognition. The Contractor recognizes the Unions as the exclusive bargaining representative for the employees engaged in Covered Projects. Such recognition does not extend beyond the period when the employee is engaged in Covered Work. 4.2 Contractor Selection of Employees. The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for Page 492 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 11 any lawful reason, subject to any reporting time requirements of the applicable Master Labor Agreement; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through procedures endorsed in this Agreement. 4.3 Referral Procedures. (a) Job Referral System. For Unions having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system, and such system shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and nondiscrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires and Disadvantaged Workers on the Covered Projects, and to facilitate the ability of all Contractors to meet their employment needs. (b) Duty to Recruit and Refer. The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractors, including specific employment obligations to which a Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce to perform Covered Work. The Unions will work with the Project Labor Coordinator and others designated by the City to identify and refer competent craft persons as needed for Covered Work. Contractors and Unions shall identify individuals, particularly Disadvantaged Workers and Veterans, for entrance into Apprenticeship Programs. (c) Currently Employed. The Union shall not knowingly refer an employee currently employed by a Contractor on Covered Project to any other Contractor. ARTICLE 5. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION 5.1 Nondiscrimination in Referral, Employment, and Contracting. The Parties and Contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military or veteran status, criminal records, part incarceration, previous status as a foster youth, political affiliation, or membership in a labor organization in hiring and dispatching workers for the Covered Projects. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment. 5.2 Disabled Veterans and Small Business Enterprise Program. The Parties acknowledge that the City has adopted Council Policy 160-03 (Disabled Veterans and Small Business Enterprise Program), provided as Exhibit C. The Parties and Contractors shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement that may appear to interfere with Disabled Veterans Business Enterprises and Small Business Enterprises successfully bidding for work on Covered Projects shall be carefully reviewed and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with Council Policy 160-03, as it may be amended from time to time, on Covered Projects. Page 493 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 12 (a) Duty to Report. In order to assist the City in monitoring compliance with Council Policy 160-03, each Prime Contractor shall be responsible for providing documentation verifying compliance with same to the Project Labor Coordinator. 5.3 Core Employees. This section only applies to Contractors who are not directly signatory to an applicable Master Labor Agreement. (a) Hiring Procedures. Contractors who are not otherwise signatory to a Master Labor Agreement may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article. (b) Registration Required. Section 5.3 only applies to Contractors who are not directly signatory to a current Master Labor Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Master Labor Agreement of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Covered Contract at the Covered Project Site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Covered Project schedule. (c) List to be Provided. Prior to each Contractor performing any work on a Covered Project, each Contractor shall provide a list of Core Employees to the Project Labor Coordinator and the Trades Council. After submitting the Core Employee list prior to commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns, or is terminated. (d) Documentation to be Provided. Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation as may be deemed acceptable by the Project Labor Coordinator) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Trades Council. (e) Eligibility Requirements. Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects: (1) A Core Employee must be a journeyperson and appear on the Contractor’s active payroll for at least ninety (90) of the last one hundred and eighty (180) calendar days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is Page 494 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 13 submitted to the Project Labor Coordinator and the Trades Council prior to the Contractor commencing work on the Covered Project. (2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed. (3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and (4) A Core Employee must be a resident of San Diego County. (f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Master Labor Agreements to call for specific employees by name. (g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this Section for the duration of the Covered Project. 5.4 Employment of Local Hires and Disadvantaged Workers. (a) First Referred. The Parties acknowledge that the City desires to maximize employment opportunities for Local Hires and Disadvantaged Workers and Unions and Contractors agree that Local Hires shall be first referred for Covered Projects. The list of qualifying Disadvantaged Areas shall be posted to the City’s website. (b) Local Hire Goal. The Contractors and Unions agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualification, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft Local Hires to fulfill the requirements of the Contractors. Contractor and Unions further agree to work together to achieve a goal of at least fifty percent (50%) of the total construction craft hours worked on each Covered Project being performed by Local Hires, as further described in Section 5.4(c). (c) Priority of Local Hires. The Contractors and Unions agree that Tier 1 Local Hires shall be first referred for Covered Projects. Should there not be sufficient skilled and qualified Tier 1 Local Hires to meet the Local Hire goal established in Section 5.4(b), Tier 2 Local Hires shall then be referred until the Local Hire goal has been met. (d) Disadvantaged Worker Goal. The Contractors and Unions agree to work together to achieve a goal of at least thirty percent (30%) of the total construction craft hours work on each Covered Project being performed by Disadvantaged Workers. Hours worked by Local Hires who are also Disadvantaged Workers may be applied to the Local Hire participation goal. (e) Apprentice Hiring Goal. The Contractors and Unions agree to work together to achieve a goal of at least one (1) Apprentice for every four (4) non-Apprentice workers. Page 495 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 14 (f) Compliance with Local Hire, Disadvantaged Worker, and Apprentice Hiring Goals. Contractors shall satisfy the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e) by: (i) assigning craft Core Employees who are Local Hires, Disadvantaged Workers, and/or Apprentices to perform Covered Work; and (ii) if necessary, requesting referral of Local Hires from Union hiring halls (using the Workforce Dispatch Request Form) and Apprenticeship Programs. Contractors who follow these procedures in good faith and with concerted efforts to identify and retain Local Hires, Disadvantaged Workers, and Apprentices shall not be considered in non-compliance for failure to meet the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e). (g) Workforce Dispatch Request Form Required. To facilitate the dispatch of Local Hires, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, all Contractors are required to utilize the Workforce Dispatch Request Form. When Local Hires are requested by a Contractor, the Unions will refer Local Hires, to the extent such status is known, regardless of their place in the Union hiring halls’ list and normal referral procedures. 5.5 Time for Referral. If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees requested by any Contractor within forty - eight (48) hours (excluding Saturdays, Sundays, and Holidays), those Contractors may use employment sources other than Core Employees and the Union registration and referral services and may employ applicants from any other available source. The Contractor shall promptly notify the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any. 5.6 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractor shall give the Union equal opportunity to refer applicants in conformance with remaining provisions of this Article 5. The Contractors shall notify the Union of employees so hired, as set forth in Section 5.5. 5.7 City to Monitor Compliance. The Project Labor Coordinator shall work with the Unions and Contractors in the administration, monitoring, and reporting of the foregoing Local Hire and Disadvantaged Worker hiring goals. 5.8 Union Membership. Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 5.8 is intended to supersede the requirements of the applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreement and as to the employees of those Contractors who are performing Covered Work. 5.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Master Labor Agreements. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foreman at the request of the Contractors. Page 496 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 15 5.10 Skilled and Trained Workforce. Each Contractor performing work on a Covered Project is required to utilize a skilled and trained workforce, as defined in Public Contract Code § 2600 - 2603. Unions and Contractors shall utilize the grievance procedures set forth in Article 11 of this Agreement to resolve any disputes regarding skilled and trained workforce requirements. To the maximum extent permissible under state law and regulation, including California Public Utilities Code § 132354.7(a)(3), Contractors and City shall be relieved of reporting and enforcement obligations and systems described in Public Contract Code § 2602 and 2603, and Contractors’ requirement to utilize a skilled and trained workforce shall instead by monitored and enforced by Unions and Contractors through the provisions of this Agreement. ARTICLE 6. UNION ACCESS AND STEWARDS 6.1 Access to Covered Project Sites. Authorized representatives of the Union shall have access to Covered Project Sites, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules. 6.2 Stewards. (a) Stewards Authorized. Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non- working stewards. Stewards will receive the regular rate of pay of their respective crafts. (b) Steward Purview. In addition to their work as an employee, the steward shall have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and not with the employees of any other Contractor. The Contractor shall not discriminate against the steward in the proper performance of their Union duties. (c) Additional Stewards. When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (d) No Overtime Determinations. The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. 6.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twenty- four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given. Page 497 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 16 6.4 Employees on Non-Covered Projects. On work where the personnel of the City or its contractors may be working in close proximity to the construction activities covered by this Agreement on non-covered projects, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with City personnel, or with personnel employed by any other employer not performing Covered Work. Violation of this provision by stewards and individual workers shall be just cause for disciplinary discharge. Violation of this provision by Union representatives shall constitute a material violation of this Agreement. ARTICLE 7. WAGES AND BENEFITS 7.1 Wages. At a minimum, all employees covered by this Agreement shall be classified in accordance with work performed and paid hourly wage rates for those classifications in compliance with the Applicable Prevailing Wage Laws. 7.2 Benefits. (a) Payment. For all employees performing Covered Work, Contractors shall pay, at a minimum, all employee fringe benefits and other required Contractor contributions to the established Union employee benefit funds in the amounts required by the appliable Master Labor Agreements. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor for performance of Covered Work. (b) Benefit Trust Funds. Where benefit payments are required by Section 7.2(a), the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying in detail how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successors’ trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Projects. The applicable Union benefit funds and trust agreement(s) to each Contractor are determined by the pre-job conference and Union work assignment process described in Articles 9 and 18. (c) Certification Required. Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Union trust(s) and benefit funds prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting City and/or the Prime Contractor to withhold payments otherwise due to such Contractor, until such contributions have been made or otherwise guaranteed. (d) Construction Industry Exemption. Notwithstanding any other provisions, this Agreement is an agreement under Section 8(f) of the National Labor Relations Act, which covers work performed in the building and construction industry. In Page 498 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 17 addition, the work performed under this Agreement qualifies for Construction Industry Exemption under the Employee Retirement and Income Security Act of 1974 (“ERISA”), as amended. If any Union pension trust fund covered by the terms and conditions of this Agreement does not qualify for the ERISA Construction Industry Exemption authorized by § 4203(B)(1)(i), as amended, 29 U.S.C. 1383(b)(1)(i), or has not taken the necessary steps to amend the fund documents to qualify for the Construction Industry Exemption as authorized by ERISA § 4203(B)(1)(ii), as amended, 29 U.S.C. 1383(b)(1)(B)(ii); and to recognize the work performed under this Agreement to qualify for the Construction Industry Exemption, the Contractors signatory to this Agreement will not be obligated to make pension fund contributions to that fund. In such an event, the Contractor shall pay all required amounts otherwise allocated for payment toward the non-exempt fund to the employee’s wages or other bona fide retirement plan program pursuant to Applicable Prevailing Wage Laws. 7.3 Wage Premiums. Wage premiums, including, but not limited to, pay based on height of work, shift premiums, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any Applicable Prevailing Wage Laws. 7.4 Compliance with Prevailing Wage Laws. All complaints regarding possible violations of Applicable Prevailing Wage Laws may be referred to the Project Labor Coordinator for processing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with Applicable Prevailing Wage Laws, Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the Unions (or to any Labor Management Cooperation Committee in which a Union or its affiliate participate) within ten (10) Working Days of their request. The Trades Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint. ARTICLE 8. WORK STOPPAGES AND LOCKOUTS 8.1 No Work Stoppages or Disruptive Activity. The Trades Council and the Unions signatory hereto agree that neither they, nor their respective officers, or agents, or representatives, shall incite, encourage, condone, or participate in any strike, walkout, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Covered Projects, or which interferes or otherwise disrupts Covered Projects, or with respect or related to City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes, whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, the Unions, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this Agreement. The Trades Council and the Union shall take all steps necessary to ensure compliance with this Article 8. 8.2 Employee Violations. The Contractor shall discharge any employee violating Section 8.1, and any such employee shall not be eligible for rehire under this Agreement. 8.3 Standing to Enforce. City and any Contractor affected by an alleged violation of this Article 8 shall have the standing and the right to enforce the obligations established herein. 8.4 Expiration of Master Labor Agreements. If a Master Labor Agreement between a Union- signatory Contractor and one or more of the Union(s) expires before the Contractor completes the Page 499 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 18 performance of the Covered Work under a Covered Contract, and the Union or the Contractor gives notice of demand for a new or modified Master Labor Agreement, the Unions agree that they will not strike the Contractor on any Covered Project, and the Union and the Contractor agree that the expired Master Labor Agreement will continue in full force and effect for the Covered Projects until a new or modified Master Labor Agreement is put in place between the Union and the Contractor. If the new or modified Mast er Labor Agreement between the Union and the Contractor provides that any terms of the Master Labor Agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this Agreement and the applicable Prevailing Wage Laws, with any retroactive terms of the new or modified Master Labor Agreement which are applicable to employees of said Contractor that are employed on a Covered Project within seven (7) Working Days at no cost to the City. All employees shall continue to work and to perform all obligations with respect to Covered Work, despite the expiration of any Master Labor Agreement. Should a Contractor engaged in Covered Projects enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for a Master Labor Agreement, such interim agreement shall be utilized by that Contractor for Covered Projects, subject to the provisions of Section 2.6(c) (Continuation of Master Labor Agreements). 8.5 No Lockouts. Contractors shall not cause, incite, encourage, condone, or participate in any Lockout of employees with respect to Covered Projects during the term of this Agreement. 8.6 Best Efforts to End Violations. (a) Violation by Union. If a Contractor or City contends that there is any violation of this Article, it shall, at least twenty-four (24) hours prior to invoking the procedures of Section 8.7, provide written notification to the Trades Council of the involved Union(s) and to the Project Labor Coordinator, setting forth the facts which the Contractor contends violate this Article. The Trades Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of this Article 8. (b) Violation by Contractor. If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article 8, at least twenty-four (24) hours prior to invoking the procedures to Section 8.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of this Article. 8.7 Arbitration Procedure. Any Party, including the City, which is an intended beneficiary of this Article, and affected Contractors, may institute the following procedures, in -lieu or in addition to any other action at law or equity, when a breach of this Article is alleged. (a) Notice to Arbitrator. The Party, including any affected Contractor, invoking this procedure shall notify Robert Hirsch, who has been selected by the Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, or John Kagel, as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate arbitrator will be contacted. If neither is available, then a selection shall be made by the most expeditious means available, with notices to the Contractor or Union alleged to be in violation, and to the Project Labor Coordinator and Trades Council. For purposes of this Article, Page 500 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 19 written notices may be made by email, hand delivery, or certified mail and will be deemed effective upon receipt. (b) Hearing Schedule. Upon receipt of said notice, the arbitrator named above, or their alternate, shall sit and hold a hearing within seventy-two (72) hours if it is contended that this violation still exists, but no sooner than twenty-four (24) hours after notice has been dispatched to the Trades Council of the involved Union(s) and/or Contractor as required by Section 8.6 above. The arbitrator shall notify the disputing Parties of the place and time chosen for the hearing, which may be held in person or via videoconference. (c) Hearing Procedures. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty-four (24) hours, unless otherwise agreed upon by all disputing Parties. A failure of any of the disputing Parties to attend said hearing shall not delay the hearing of evidence or the issuance of any award by the arbitrator. (d) Hearing Scope. The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages (except for damages as set forth in Section 8.8) which issue is reserved for court proceedings, if any. (e) Arbitration Award. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) Working Days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all disputing Parties by email, hand delivery, or certified mail upon issuance. The amount of liquidated damages pursuant to Section 8.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) calendar days of the first hearing to determine if a violation of this Article has occurred. Such arbitration award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued pursuant to this section, all disputing Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order(s) enforcing the arbitrator’s award shall be sent to all disputing Parties. (f) Waiver. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties and Contractors to whom they accrue. (g) Shared Expense. The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties. Page 501 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 20 8.8 Liquidated Damages. (a) Work Stoppage or Disruption. If the arbitrator determines in accordance with Section 8.7 above that a work stoppage or other disruption to a Covered Project , pursuant to Section 8.1, has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the award, direct all employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non-complying Union(s) shall each pay a sum as liquidated damages to the City, and each will pay an additional sum per shift, as set forth in Section 8.8(c), below, for each shift thereafter on which the craft(s) has/have not returned to work. (b) Lockout. If the arbitrator determines that a Lockout has occurred on a Covered Project, the respondent Contractor shall, within eight (8) hours after receipt of the award, return all the affected employees to work on the Covered Project , or otherwise correct the violations found by the arbitrator. If the respondent Contractor does not take such action by the beginning of the next regular scheduled shift following the eight (8) hour period, each non-complying respondent Contractor shall pay or give as liquidated damages, to the affected Union (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as designated by the arbitrator) an amount equal to the total hourly wages and benefits lost for all affected employees of the Contractor on Covered Projects. In addition, the Contractor shall pay an additional sum per shift to the City, as set forth in Section 8.8(c), below, for each shift thereafter in which compliance by the respondent Contractor has not been achieved. (c) Payment of Liquidated Damages to City. The Parties agree that project delays caused by violations of this Article 8 will cause the City to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of this Article, the disputing Party in breach shall pay to the City the sum of $10,000 per shift, from the time that the arbitrator determines that a delay has occurred until the arbitrator determines that the Covered Project is no longer disrupted. The payment of liquidated damages, when made, shall constitute a damages remedy of the City for the delay specified, but shall not prevent the City from seeking an injunctive or other monetary relief, including termination of this Agreement. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or 3369, but instead, is intended to constitute liquidated damages to the City pursuant to California Civil Code § 1671. 8.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this Agreement, it shall not be a violation of this Agreement for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Master Labor Agreement or fails to make timely payments to the applicable Union benefit funds. This Section 8.9 does Page 502 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 21 not inhibit or affect responsibilities of the Trades Council and the Union under Section 8.1 to refrain from picketing or other disruption of Covered Projects. (a) Failure to Make Payroll. Prior to withholding its members’ services for the Contractor’s failure to meet its weekly payroll, the Union shall give at least five (5) Working Days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, Prime Contractor, and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was received to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment of all monies due and owing for wages, the Union shall direct its members to immediately return to work and the Contractor shall return all such members to work. (b) Failure to Contribute to Benefit Funds. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) calendar days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, the Prime Contractor, and the Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and the affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work. (c) Grievance Rights Reserved. Nothing in this section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under Article 11 for any alleged or actual violations of Article 7 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator for review and enforcement, in accordance with Section 7.4. (d) Contractor Replacement. City shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with City. ARTICLE 9. WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 9.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the Covered Work because of jurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor pe rforming the work involved; and such work assignments will be in accordance with the Plan for Settlement of Disputes. 9.2 Jurisdictional Disputes. All jurisdictional disputes on Covered Projects shall be settled and adjusted according to the present Plan for Settlement of Disputes established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Page 503 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 22 Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions party to this Agreement. (a) Carpenters Union Disputes. If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan for Settlement of Disputes from a list composed of Thomas Pagan and John Kageland the arbitrator’s hearing on the dispute shall be held in the offices of the Trades Council within fourteen (14) Working Days of the selection of the arbitrator. All other procedures shall be as specified in the Plan for Settlement of Disputes. 9.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan for Settlement of Disputes, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages. 9.4 Pre-Job Conference. It is required that a pre-job conference be held not later than fourteen (14) calendar days prior to the start of work by each Contractor for the Covered Project in accordance with the procedure described in Article 18. ARTICLE 10. MANAGEMENT RIGHTS 10.1 Contractor and City Rights. The Contractors and City have the sole and exclusive right and authority to oversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to: (a) Plan, direct, and control operations of all work; and (b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and (d) Discharge, suspend, or discipline their own employees for just cause; and (e) Utilize, in accordance with City approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and (f) Assign and schedule work at their discretion; and (g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreements requiring such assignments be equalized or otherwise made in a nondiscriminatory manner. 10.2 Specific City Rights. In addition to the following and other rights of City and Prime Contractor enumerated in this Agreement, City expressly reserves its management rights and all rights Page 504 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 23 conferred on it by law and contract. City’s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to: (a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and (b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of City and/or to mitigate the effect of ongoing Covered Work on businesses and residents in the neighborhood of the Covered Project Sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project; provided that, in order to permit the Contractors and Unions to make appropriate scheduling plans, City will use best efforts to provide the Project Labor Coordinator and the affected Contractor(s) and Union(s) with reasonable notice of any change it requires pursuant to this section; and (c) Approve any work methods, procedures, and techniques used by Contractors, whether or not said methods, procedures, or techniques are part of industry practices or customs; and (d) Investigate and process complaints or disagreements, through its Project Labor Coordinator or other representative. 10.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packag ing, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor-saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. 10.4 Special Equipment, Warranties, and Guaranties. (a) It is recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project Sites. The nature of the equipment, together with the requirements for manufacturer’s warranties, may dictate that it be prefabricated, pre-piped, and/or pre-wired, and that it be installed under the supervision and direction of the manufacturer’s personnel. The Unions agree that such equipment is to be installed without incident. (b) The Parties recognize that the Contractor will, from time to time, initiate the use of new technology, equipment, machinery, tools, and other labor-saving devices and methods of performing Covered Work. The Unions agree that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalog parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction. Page 505 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 24 (c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part of pre -assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the disagreement is not resolved through this consultation, the affected Union(s) shall have the right to exercise the procedures set forth in Article 11. ARTICLE 11. GRIEVANCES AND DISPUTES 11.1 Cooperation and Harmony on Covered Project Sites. (a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to each Covered Project for the purpose of assisting the Unions, and working with the Project Labor Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages. (b) The City, Contractors, and Unions, collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance of Covered Work and agree to resolve all disputes in accordance with the grievance provisions set forth in this Article 11, or as appropriate, those of Articles 8 or 9. (c) The Project Labor Coordinator shall observe the processing of grievances under this Article 11 and Articles 8 and 9, including the scheduling and arrangement of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal Parties to any pending grievance to ensure the time limits and deadlines are met. 11.2 Processing Grievances. Any disputes arising out of and during the term of this Agreement involving the interpretation or application of the applicable Master Labor Agreement(s), but not alleged violations of Articles 8 or 9, shall be considered a grievance and subject to resol ution under the following procedures. (a) Step 1. (1) Employee Grievances. When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement or the applicable Master Labor Agreement(s), the employee shall, through his local Union business representative or job steward, within ten (10) Working Days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and void if notice of the grievance is not given with the prescribed ten (10) Working Day period. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within ten (10) Working Days Page 506 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 25 after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving Party may, within ten (10) Working Days thereafter, pursue Step 2 of this grievance procedure, provided that the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential, except as to the Parties directly involved. (2) Union or Contractor Grievances. Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) Working Days after the disputing Party knew or reasonably should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional Working Days, the dispute shall be reduced to writing and advanced to Step 2 in the manner prescribed as Step 1 in Section 11.2(a)(1) above. (b) Step 2. The business manager of the involved local Union or his or her designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator, shall meet within seven (7) Working Days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 below within seven (7) calendar days after the initial meeting under Step 2. (c) Step 3. If the grievance shall have been submitted but not resolved under Step 2, either the Union or the Contractor Party may request in writing to the Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the initial Step 2 meeting, that the grievance by submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz. The decision of the arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitration shall be borne equally by the involved Contractor(s) and the involved Union(s). (d) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this Agreement or the applicable Master Labor Agreement. 11.3 Limitations on Use of Procedures. Procedures outlined in this Article 11 shall not be applicable to any alleged violation of Article 8 or 9, with the single exception that any employee discharged pursuant to Section 8.2 may apply the procedures of this Article 11 to determine only if he/she was, in fact, engaged in a violation of Section 8.1. Page 507 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 26 11.4 Notice. The Project Labor Coordinator shall be notified by the involved contractor of all actions at Steps 2 and 3. Further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps. ARTICLE 12. COMPLIANCE 12.1 Compliance with All Laws. The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the City, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor. ARTICLE 13. SAFETY AND PROTECTION OF PERSON AND PROPERTY 13.1 Safety. a. It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the City, the Prime Contractor, or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and City. b. All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor, and the City. These rules will be published and conspicuously posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge. 13.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Exhibit D, which is the exclusive Drug and Alcohol Testing Policy for the Project. 13.3 Inspection. The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice. ARTICLE 14. TRAVEL, SUBSISTENCE, AND PROPERTY 14.1 Applicability. Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination. Parking for employees covered by this Agreement shall be provided by the Contractor(s) according to the provision of the applicable Master Labor Agreement(s). ARTICLE 15. APPRENTICES 15.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the City’s local work force, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with all applicable laws and regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprentice readiness programs in the construction industry leading to participation in such Apprenticeship Programs. The City, the Contractors, the Trades Council, Page 508 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 27 and the Unions will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry which will help prepare them for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Apprenticeship Program. 15.2 Use of Apprentices. (a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor-Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall, at a minimum, comply with the applicable provisions of the California Labor Code relating to utilization of Apprentices. City, unless otherwise required by law, shall encourage such utilization, and both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons. (b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. (c) The Parties agree that Apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyperson or other Contractor employee working on the Covered Project where the Apprentice is to be employed who is qualified to assist and oversee the Apprentice’s progress through the Apprenticeship Program in which he/she is participating. ARTICLE 16. WORK OPPORTUNITIES PROGRAM 16.1 Intent. The Parties to this Agreement support the development of increased numbers of skilled construction workers from among residents of the City and San Diego County to meet the labor needs of Covered Projects specifically and the requirements of the local co nstruction industry generally. Towards that end, the Parties agree to cooperate respecting the establishment of a Work Opportunities Program for Local Residents, the primary goals of which shall be to maximize construction work opportunities for Local Residents. In furtherance of the foregoing, the Unions specifically agree to: (a) Support a pre-apprenticeship program for Local Residents, including students, whereby residents will be trained in a pre-apprenticeship skill to enable them to gain employment/training within the signatory Unions; and (b) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Local Residents as journeymen, apprentices, and trainees on Covered Projects and entrance into such qualified apprenticeship and training programs as may be operating by signatory Unions. (c) The Unions shall assist Local Residents in contacting the pre-apprenticeship program for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking Union jobs on the Covered Projects and Union membership in assessing their work experience and giving them credit for verifiable past experience in their relevant craft or trade, including experience Page 509 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 28 gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on the Covered Projects. (d) Upon request, the Council shall make progress reports to the City on the Work Opportunities Program, including the number and employment disposition of Local Resident applicants who have been contacted, recruited, and participated in the Work Opportunities Program through their outreach efforts. This report shall identify individuals from traditionally underrepresented groups. ARTICLE 17. HELMETS TO HARDHATS 17.1 Veterans Entry into Building and Construction Trades. The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center and the Center’s “Helmets to Hardhats” program as a resource for preliminary orientation, assessment and construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. 17.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on the Covered Projects and of apprenticeship and employment opportunities for the Covered Projects. ARTICLE 18. PRE-JOB CONFERENCE 18.1 Pre-Job Conference Required. Each Contractor is required to conduct a pre-job conference with the Unions, not later than fourteen (14) calendar days prior to commencing the Covered Work. The purpose of the pre-job conference will be to, among other things, convey craft workforce needs, the schedule of Covered Work, Covered Project work rules, and propose preliminary Union work assignments. The Project Labor Coordinator may work with the Prime Contractor and Trades Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre-job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Covered Contract for a Covered Project that was not previously assigned a pre-job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such Covered Work will conduct a separate pre-job conference. Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven (7) calendar days after the pre-job conference occurred. Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Contractor’s proposed assignments, but prior to the commencement of any Covered Work, the Contractor shall make final assignments in writing with copies sent to the Project Labor Coordinator and Trades Council. 18.2 Failure to Conduct. A Contractor’s failure to conduct a pre-job conference in accordance with this Agreement is considered a breach of contract, and any affected Union may pursue a grievance pursuant to Article 11 of this Agreement to seek a remedy for such a violation. Pro vided, however, if the Contractor has conducted a pre-job conference in accordance with this Agreement, that Contractor is not required to participate in any additional pre-job conferences or mark-up meetings related to the original scope(s) of Covered Work assigned at the pre-job conference. 18.3 Project Labor Coordinator Participation. The Project Labor Coordinator may attend and facilitate each pre-job conference. At each pre-job conference, the Project Labor Coordinator shall address Page 510 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 29 the programs, goals, and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program. ARTICLE 19. LABOR/MANAGEMENT AND COOPERATION 19.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic labor/management collaboration meetings, which will be chaired jointly by a designee of the City and a designee of the Trades Council. The co-chairs shall determine the frequency and scheduling of the meetings with the assistance of the Project Labor Coordinator. The purpose of the meetings shall be to update the Parties regarding the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator shall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management collaboration meetings. Substantive grievances or disputes shall not be reviewed or discussed at such meetings but shall instead be processed pursuant to the appropriate provisions of this Agreement. ARTICLE 20. LEGAL ACTION 20.1 Legal Action. City, Trades Council, and Unions recognize the substantial legal costs (including all attorney’s fees and associated disbursements) that might accrue with regard to any legal challenge over this Agreement and related to claims directly challenging the legality of this Agreement, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Trades Council, on behalf of itself and affiliated Unions, agrees to seek to intervene in the legal action and actively participate in the litigation or other action to defend the legality of this Agreement, or a particular section or language herein. The failure of the Trades Council to seek to intervene in the legal action and actively participate to defend the legality of this Agreement will constitute a material breach of this Agreement. In the event the Trades Council is denied leave to intervene in the legal action, the Trades Council shall have its counsel coordinate with counsel for the City, at the Trades Council’s sole expense, regarding how the Trades Council can best support City’s legal position. ARTICLE 21. SAVINGS AND SEVERABILITY 21.1 Savings Clause. It is not the intention of the City, the Project Labor Coordinator, the Contractor, or the Union Parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and then intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Covered Projects that would otherwise be covered by this Agreement should continue to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Project. Page 511 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 30 21.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification, should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in the delay of the bidding, awarding, and/or construction of the Covered Project. ARTICLE 22. WAIVER 22.1 Waiver. A waiver of, or a failure to assert, any provision of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision in the future. Any such waiver shall not constitute a modification of this Agreement or a change in the terms and conditions of this Agreement, and shall not relieve, excuse, or release any of the Parties from any of their rights, duties, or obligations hereunder. ARTICLE 23. AMENDMENTS 23.1 Amendments. The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the City and the Trades Council. ARTICLE 24. MISCELLANEOUS PROVISIONS 24.1 Construction. The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance. [This section intentionally left blank] Page 512 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 31 IN WITNESS WHEREOF, this Project Labor Agreement is executed as of the day and year first set forth above. CITY OF CHULA VISTA, a California charter SAN DIEGO COUNTY BUILDING AND city and municipal corporation CONSTRUCTION TRADES COUNCIL, AFL-CIO By: By: Maria V. Kachadoorian Carol Kim City Manager Business Manager ATTEST: By: Kerry Bigelow City Clerk APPROVED AS TO FORM: By: Marco A. Verdugo City Attorney [Signatures continue on following page] Page 513 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 32 [Signatures continue from previous page] SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO CRAFT UNIONS AND DISTRICT COUNCILS Signatory 1 Signatory 2 Signatory 3 Signatory 4 Signatory 5 Signatory 6 Signatory 7 Signatory 8 Signatory 9 Signatory 10 Signatory 11 Signatory 12 Signatory 13 Signatory 14 Signatory 15 Signatory 16 Signatory 17 Signatory 18 Signatory 19 Signatory 20 Signatory 21 Signatory 22 Signatory 23 Signatory 24 Page 514 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda A-1 EXHIBIT A – LETTER OF ASSENT To be signed by all Contractors awarded Covered Work prior to commencing work. [Contractor’s Letterhead] DATE Project Labor Coordinator Address Address Address Attention: Re: City of Chula Vista Project Labor Agreement This Letter of Assent confirms that [Name of Company] agrees to be party to and bound by the City of Chula Vista Project Labor Agreement, effective , 2024, as such agreement may be amended from time to time by the Parties or interpreted pursuant to its terms (the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement. Such obligation to be a Party and bound by this Agreement shall extend to all Covered Work undertaken by this Contractor on the Covered Project pursuant to [Contract No. ], and Contractor shall require all of its subcontractors of all tiers to be similarly bound for all Covered Work by signing and furnishing you an identical Letter of Assent prior to their commencement of the Covered Work. Sincerely, [Name of Company] By: [Name and Title of Authorized Executive] [Copies of this Letter of Assent must be submitted to the Project Labor Coordinator and to the Trades Council consistent with Section 2.5(b)] Page 515 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda B-1 EXHIBIT B – WORKFORCE DISPATCH REQUEST FORM Page 516 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda C-1 EXHIBIT C - COUNCIL POLICY 160-03 (DISABLED VETERANS AND SMALL BUSINESS ENTERPRISE PROGRAM) Page 517 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE 160-03 12/6/2016 1 OF 4 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) BACKGROUND Disabled Veterans have made immeasurable sacrifices to protect the citizens of this country. These sacrifices have not gone unnoticed. The State and various local agencies, whether city or county, have enacted certain programs to assist Disabled Veterans and provide them with opportunities to participate in the procurement of State and local contracts. Such programs are called "Disabled Veterans Business Enterprise" programs. Similar programs also exist for small businesses. Small businesses tend to be economic drivers of local economies, so their growth is an important aspect of the success and growth of communities. However, small businesses often don't have sufficient understanding of government contracting practices to participate in a meaningful way in the government contracting process, so agencies have established "Small Business Enterprise" programs. PURPOSE It is the purpose of this Council Policy to establish a Disabled Veterans Business Enterprise and Small Business Enterprise Program to facilitate and encourage the participation of Disabled Veterans Business Enterprises (DVBEs) and Small Business Enterprises (SBEs) in City contracting through the establishment of DVBE and SBE participation goals. By including DVBE and SBE participation goals in City contracts, the City will be able to ensure that DVBEs and SBEs are provided with the opportunities, information, and encouragement to participate in City procurement. POLICY The City of Chula Vista has the authority to establish and adopt such a policy pursuant to the Charter of the City of Chula Vista. It is the policy of the City of Chula Vista to encourage the utilization and participation of DVBEs and SBEs in City procurements whenever practical and appropriate. To this end and to the extent not in conflict with other laws, the City Council, through this Policy, establishes a three -percent (3%) DVBE and three -percent (3%) SBE participation goal for all City contracts within the scope of this policy and authorizes the City Manager or his/her designee to establish procedures to implement this policy. 1. Scope A. General Application: Excepting those contracts identified in subsection B, below, this policy shall apply to all (1) agreements, contracts, and purchase orders for commodities, services, supplies, or equipment awarded in accordance with Chula Vista Municipal Code §2.56; and (2) Public Works contracts awarded in accordance with City Charter § 1009, provided such contracts are funded to the extent of 50% or more of their total costs from City funds. Page 518 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAG 160-03 12/6/2016 2 OF 4 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) B. Exceptions: this Policy shall not apply to: 1. Sole Source contracts. 2. Contracts necessitated by an emergency. 3. Contracts for which the Awarding Authority has determined that compliance with this Policy would be Impractical or Impossible. 4. Transfers of any interest in real or personal property, including leases. 5. Agreements or memorandums of understanding with another government agency. 6. Contracts with a private, nonprofit organization. 7. With respect to DVBE participation, contracts where the prime contractor on the contract is a DVBE. 8. With respect to SBE participation, contracts where the prime contractor on the contract is an SBE. 9. With respect to DVBE participation, all public works contracts where the procuremep, complies with any applicable federal or state DVBE requirements. 10. With respect to SBE participation, all public works contracts where the procurement complies with any applicable federal or state SBE requirements. 11. Public works contracts of less than $100,000. 12. Cooperative or joint purchases in accordance with CVMC §2.56.020(H) 13. When compliance with this Policy would conflict with requirements imposed by the federal or state government relating to the receipt or use of federal or state funds. 14. Contracts for commodities, services, supplies, or equipment of $100,000 or less that are based on market rates awarded in accordance with CVMC §2.56.090(B)(2) 15. Where application of this Policy would conflict with any restrictions imposed on grant or donated funds. 16. Public Works Contracts in which Minority Business Enterprise (MBE), Woman -Owned Business Enterprise (WBE), and/or Underutilized Disadvantaged Business Enterprise UDBE) goals are required by state or federal government entity. Il. Definitions: 1. Awarding Authority" shall mean the body or individual granted the authority by the Chula Vista Charter or the CVMC to award a contract. 2. Disabled Veterans Business Enterprise" or "DVBE" shall have the same meaning as in California Military and Veterans Code §999(b)(7). 3. Goal" shall mean a numerically expressed objective that contractors are required to mak,- akeGoodGoodFaithEffortstoachieve. Page 519 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE 160-03 12/6/2016 3 OF 4 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) 4. "Good Faith Efforts" shall mean those efforts taken to solicit the participation of DVBE and SBE bidders in the City's procurement process, including, but not limited to: (a) regular outreach to DVBEs and SBEs by City and prime contractors; (b) providing information and training, if requested, on how DVBEs and SBEs may participate in the City's procurement process, either as a prime contractor or as a subcontractor (c) contacting DVBEs and SBEs via telephone, FAX, or other means to solicit said DVBEs' and SBE's participation in the bidding and procurement opportunities; (d) maintaining a list of DVBEs and SBEs willing and able to provide commodities, services, supplies, or equipment; (e) incorporating competitive DVBE and SBE bid proposals in prime contractor's bid; (f) demonstrating and documenting that such efforts were taken to solicit bids from DVBEs and SBEs.. 5. "Impracticality" or "Impossibility" shall mean that the there are no known DVBEs or SBEs that are willing or able to provide specific commodities, services, supplies, or equipment. 6. "Public Works" shall mean the construction, reconstruction, or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds, or other public capital facilities, and the supplies, materials, equipment or other contractual services for same. 7. "Small Business Enterprise" or "SBE" shall have the same meaning as in California Government Code §14837(d)(1). III. General Requirements for Prime Contractors A. Subject to any contrary provisions of state or federal law, where a prime contractor intends to use subcontractors on any contract within the scope of this policy as described in Section I, Scope," above, and the procurement is not exempt from participation, the prime contractor shall make Good Faith Efforts to meet or exceed the Goals of 3% DVBE and 3% SBE subcontractor participation. B. Participation Calculation: 1. Except for "As Needed" contracts, such as job/task order contracts, the percentage of the relevant participation goal (DVBE or SBE) shall be calculated by taking the aggregate value of all DVBE subcontracts to determine DVBE participation and SBE subcontracts to determine SBE participation to be used on the project as a percentage of the total value of each such contract. 2. "As Needed" contract participation percentage calculation shall be based on value of each task order. Prime contractors subject to the participation requirements shall submit a DVBE and SBE subcontractor utilization plan for City's review and approval prior to commencing work. Page 520 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE 160-03 12/6/2016 40174 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) IV. Establishment and Issuance of Guidelines for the Implementation of the DVBE and SBE Program. A. The City Manager, in consultation with the affected departments, shall establish administrative guidelines for the implementation of the DVBE and SBE Program. The guidelines shall include, at a minimum: 1. An explanation of procedures, processes, and/or actions that a contractor may perform to satisfy the Good Faith Efforts requirement of the DVBE and SBE Program. 2. The method of documenting a contractor's Good Faith Efforts to comply with the DVBE and SBE Program goals of 3% DVBE and 3% SBE participation. 3. Documentation to be supplied to bidders to inform them of their obligations for and the manner of compliance with the DVBE and SBE Program. 4. Forms on which the City staff reviewing bids shall identify how a bidder has complied w' or failed to comply with the requirements of the DVBE and SBE Program. 5. Description of the protest process for those lowest bidders that have been determined by the City to be non-responsive based on the guidelines issued in accordance with this Policy. B. The City Manager's administrative guidelines may differ depending on the nature of the contract (i.e. public works, equipment, materials, or services). V. Failure to Demonstrate "Good Faith Efforts": A. A bidder that fails to demonstrate "Good Faith Efforts" to meet the DVBE and SBE participation percentage may be considered "nonresponsive" and an award shall be made to the next lowest responsible and responsive bidder that complies with this policy. B. The Awarding Authority, as determined by the City Charter and/or the CVMC, may waive the DVBE and/or SBE requirement if it finds that enforcement of the DVBE and/or SBE requirement would preclude meaningful competition among vendors or that compliance will not be in the public interest. VI. Effective Date of Policy. This Policy shall go into effect thirty (30) calendar days following the adoption of the administrative guidelines by the City Council. Page 521 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-1 EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Exhibit D – Drug and Alcohol Testing Policy, hereafter the “Policy.” 1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the PLA. 2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy. 3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 11 grievance procedure. 4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project. 5. The following procedure shall apply to all drug and alcohol testing: a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union business representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or Page 522 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-2 employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b.A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c.The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union. d.An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then these new regulations will be deemed as part of this existing PLA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures. e.In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) calendar days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense. f.If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g.No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions: 1)Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove. Page 523 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-3 2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove. 3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll. h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees. 6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Covered Project under the following conditions: a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) Working Days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) Working Days after start of the work on the project; c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees; d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove. e. Only two (2) periodic tests may be performed in a twelve (12)-month period. Page 524 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-4 7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite. 8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA. 9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision. 10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated. 11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion. 12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy. 14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties. Page 525 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-5 SPECIMEN REPORTING CRITERIA Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte Confirmatory Test Cutoff Concentration Marijuana metabolites (THCA)2 50 ng/ml 3 THCA 15 ng/ml Cocaine metabolite (Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml Codeine/ Morphine 2000 ng/ml Codeine Morphine 2000 ng/ml 2000 ng/ml Hydrocodone/ Hydromorphone 300 ng/ml Hydrocodone Hydromorphone 100 ng/ml 100 ng/ml Alcohol 0.02% Ethanol 0.02% Oxycodone/ Oxymorphone 100 ng/ml Oxycodone Oxymorphone 100 ng/ml 100 ng/ml 6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml Amphetamine/ Methamphetamine 500 ng/ml Amphetamine Methamphetamine 250 ng/ml 250 ng/ml MDMA4/MDA5 500 ng/ml MDMA MDA 250 ng/ml 250 ng/ml Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte Confirmatory Test Cutoff Concentration Barbiturates 300 ng/ml Barbiturates 200 ng/ml Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml Methadone6 300 ng/ml Methadone 100 ng/ml Methaqualone 300 ng/ml Methaqualone 300 ng/ml Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml 1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff): Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group. Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine). 4 Methylenedioxymethamphetamine (MDMA) 5 Methylenedioxyamphetamine (MDA) 6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy. Page 526 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda D-6 MEMORANDUM OF UNDERSTANDING REGARDING “QUICK” DRUG SCREENING TESTS PURSUANT TO EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test. An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test. Page 527 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda 9.2 Project Labor Agreement Chula Vista City Council April 15, 2025 Page 528 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda May 2023 Report on Findings & Recommendations of Labor Relations Ad-Hoc Subcommittee 1.Address safety conditions & enhancements impacting traffic control workers 2.Develop a labor transparency ordinance, to be consistent with similar policies in SD region 3.Engage in process to develop a citywide Project Labor Agreement 2Page 529 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project Labor Agreement Referral: •Citywide PLA for CIPs (City Council Policy) •Amend Municipal Code to require PLAs for: •Projects on City property •City subsidized affordable housing 3Page 530 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Project Labor Agreement Ordinance (CVMC Chapter 2.71) Applies to: •Projects by others on City owned land: construction cost ≥ $1M •Subsidized housing: City construction funds ≥ $5M 4Page 531 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda City Council Policy 510-01 Project Labor Agreements for City Capital Improvement Projects Policy: •Requires staff to engage with interested unions to negotiate a Citywide PLA •PLA to apply to City CIPs, with construction cost at time of award of $1 million or more Presentation title 5Page 532 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Citywide CIP Project Labor Agreement Key Terms: •Limited to CIPs with construction cost > $1M •No work stoppages or disruptive activity •Wages and benefits •Mediation •5-year initial term, one 5-year optional extension 6Page 533 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Citywide CIP Project Labor Agreement Key Terms: •Exceptions •Specified employees and work (non -manual employees, support services, City employees, work by government & private utilities, offsite work, manufacturer and vendor employees, specialized or technical work) •Insufficient number of bids (less than 3 unrelated qualified bidders, 2 for ready-mix concrete) •Substantial impracticality or inefficiency – City Council to make finding, 4/5 vote •Substantially exceeds Engineer’s Estimate – 35% or more 7Page 534 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Citywide CIP Project Labor Agreement Key Terms: •Community Benefits •50% Local Hire Goal •City of CV residents •San Diego County residents •30% Disadvantaged Worker Goal •Veterans – anywhere •No high school diploma or GED •Currently homeless or homeless within last year •Former foster youth •Custodial single parent •Protracted unemployment •Recipient of government cash or food assistance •Income ≤ federal poverty level •Formerly incarcerated 8Page 535 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Recommendation: City Council adopt a resolution approving a PLA with the San Diego Building & Construction Trades Council, AFL-CIO, and signatory craft councils and local unions 9Page 536 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda City Manager Comments Homeless Encampment Cleanup Update April 15, 2025 Page 537 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Current Priority Areas SR-54 & Broadway I-5 & Bay Boulevard I-5 & Palomar Page 538 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SR -54 / Broadway Page 539 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda SR -54 / Broadway Private Property •Development Services (Code) & Public Works (Stormwater) staff working with property owner •Assessing enforcement actions for noncompliance Page 540 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda I-5 / Bay Boulevard Page 541 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda I-5 / Bay Boulevard Cross-collaboration underway •Port of San Diego / Harbor Police •Caltrans / California Highway Patrol •San Diego Metropolitan Transit System / MTS Security •San Diego Gas & Electric •U.S. Fish & Wildlife •Sweetwater Authority Private Property Owner •Development Services staff working with property owner to address environmental barriers Caltrans •Identified priority area Page 542 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda I-5 / Palomar Page 543 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda I-5 / Palomar City Right-of-Way •Illegal dumping •Consider enclosing Georgeanne MHP •City assessing Title XXV compliance •Increased frequency of dumpster pick-up •Continued efforts with property owner Georgeanna & Surrounding Residents •Neighborhood Watch materials/meeting •Resource distribution Caltrans •Identified priority area •Posting today (4/15) 48 hour notice to vacate & clean -up Page 544 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda •FY 24/25 Budget 3rd Quarter •$1 million for encampment clean-up with Measure P Next Steps Page 545 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda v . 0 0 5 P a g e | 1 April 15, 2025 ITEM TITLE Council Policy No. 111-02: Discussion Regarding Amendments to the Special Orders of the Day and Proclamations Policy Report Number: 25-0117 Location: No specific geographic location Department: City Attorney G.C. § 84308 Regulations Apply: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommendation Action No recommended action. Option to adopt a resolution approving amendments to Council Policy No. 111-02 regarding Special Orders of the Day and Proclamations. SUMMARY Adopt a resolution approving amendments to City Council Policy No. 111-02 on presentations to Council. 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; 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. Page 546 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda P a g e | 2 DISCUSSION On May 14, 2024, the City Council made a referral to agendize a discussion regarding the proclamation process. On Feb 11, 2025, the City Council made a related referral to direct staff and City Attorney to investigate and report back to the City Council regarding the City’s options to allow the City Councilmembers to issue proclamations. On April 1, 2025, the City Attorney reported back to the City Council regarding options to modify Council Policy 111-02 and received feedback from the City Council. That feedback was reviewed and incorporated as potential revisions to Council Policy 111-02. 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 Any costs associated with the amendment is already included in the current fiscal year budget. ONGOING FISCAL IMPACT Any costs associated with the amendment will be included in the future fiscal year budgets. ATTACHMENTS 1. Draft Policy 111-02 2. Redline Policy 111-02 Staff Contact: City Attorney Marco A. Verdugo Page 547 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO COUNCIL POLICY NUMBER 111-02 AND RENAMING THE POLICY “COUNCIL PRESENTATIONS – SPECIAL ORDERS OF THE DAY, PROCLAMATIONS, AND CERTIFICATES OF RECOGNITION” WHEREAS, Council Policy 111-02 was first adopted in 1973 to establish a process for council presentations; and WHEREAS, Council Policy 111-02 was amended in 2022 to define items under "Special Orders of the Day" and establish a process by which these items are added to City Council Meeting agendas; and WHEREAS, in an effort to update the City Council policy to reflect current practices and desires, Council Policy 111-02 has been amended to establish a process for issuing and documenting proclamations and certificates of recognition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the renaming and amendment to Council Policy 111-02 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. Page 548 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Marco A. Verdugo Marco A. Verdugo City Attorney City Attorney Page 549 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COUNCIL PRESENTATIONS- Special Orders of the Day, Proclamations, and Certificates of Recognition POLICY NUMBER EFFECTIVE DATE PAGE 111-02 XX-XX-2025 1 OF 3 ADOPTED BY: Minute Action I DATED: 10-09-73 AMENDED BY: Resolution No. 2025-XXX BACKGROUND The City Council frequently receives presentations at City Council Meetings under "Special Orders of the Day." It is current practice for the Mayor and City Manager to review and approve requests for placement of items under "Special Orders of the Day." "Special Orders of the Day" are brief ceremonial items, such as the issuance of a proclamation to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. Proclamations may be presented during City Council Meetings under “Special Orders of the Day” and outside of City Council Meetings at the discretion of the Mayor and City Council. PURPOSE To establish a formal process for placement of items by City Councilmembers under "Special Orders of the Day" that ensures efficient scheduling and distribution of items on City Council Meeting agendas and to establish the authority, criteria, and procedure for the issuance of proclamations. POLICY Special Orders of the Day Requests by City Council members for items to be placed under "Special Orders of the Day" at an upcoming City Council Meeting must be made in writing to the Mayor by no later than 5:00 p.m. on the day falling six days prior to the requested Council Meeting (e.g., the Wednesday pre ceding an upcoming Tuesday Council Meeting). Transmission of a request by email will satisfy this requirement. To be considered, requests should include a brief description of the item, the identity of any presenters, an estimate of the duration of any presentation and any timing requirements. Any such request will be subject to approval by the Mayor. Approved items will be scheduled and added to the agenda in consultation with the City Manager and as soon as practical in light of the business demands of upcoming agendas and any identified timing requirements. In the event the Mayor elects to not authorize a proposed request from the City Councilmember(s) in a reasonable timeframe , a Councilmember may request approval for a proposed proclamation to be placed under “Special Orders of the Day” by the full City Council by placing the item on the agenda in accordance with Council Policy 111-04. To prevent duplicate requests, the first member of council to submit a request shall present the proclamations. In addition to the Mayor's authority, the City Manager also may place items under "Special Orders of the Day" as deemed appropriate . Page 550 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Proclamations It is the policy of the City that proclamations shall be presented in accordance with the criteria below: 1. Proclamations presented during City Council Meetings shall bear the signatures of the Mayor and all City Councilmembers unless the Mayor or a Councilmember opts out of signing a proclamation. 2. Proclamations are approved by the Mayor. 3. Proclamations may be presented to acknowledge: A. individual or group achievement and contributions to the City; B. individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have community-wide significance; C. civic celebrations; D. local, community, regional, state, or national occasions significant to the City of Chula Vista. 4. Mayoral and City Council District Proclamations: A. Mayoral Proclamations. Mayoral Proclamations may be presented by the Mayor outside of a City Council Meeting and shall only bear the signature of the Mayor. i. Mayoral Proclamations may be presented to acknowledge: a. individual or group achievement and contributions to the City; b. individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have community-wide significance; c. civic celebrations; d. local, community, regional, state, or national occasions significant to the City of Chula Vista. B. City Council District Proclamations. City Councilmembers may request to present City Council District Proclamations outside of City Council Meetings on behalf of the City with approval by the Mayor. i. City Council District Proclamations may be presented to acknowledge: a. individual or group achievement and contributions to the community within the City Council District; and b. individuals, groups, organizations, or businesses with a connection to the City Council District for milestones or major achievements that have community -wide significance; c. civic celebrations. ii. City Councilmembers shall submit requests for City Council District Proclamations to the Office of Mayor in writing at least ten days prior to the date the document is requested. Transmission of a request by email will satisfy this requirement . Requests shall include: a. Information and/or example(s) of how the request meets the criteria outlined in this policy; b. Any background or historical information; c. Notable qualities or characteristics of any individual or group(s) which would be honored; and d. Other information pertinent to the request. iii. City Council District Proclamations shall bear the signature of the District Councilmember. iv. If the request meets the above-mentioned criteria and is approved, Council staff shall prepare Page 551 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda the document. v. The Mayor may opt out of signing any City Council District Proclamation. vi. The requests for City Council District Proclamation shall be deemed approved if no response is received within ten days. vii. In the event the Mayor elects to not authorize a proposed request from the City Councilmember(s), a Councilmember may request approval of a proposed proclamation by the full City Council by placing the item on the agenda in accordance with Council Policy 111-04. Certificates of Recognition Certificates of recognition may be issued to recognize and honor individuals or organizations for their achievements or contributions to the City. Documentation The respective official that presents the proclamation or certificate of recognition shall notify the City Clerk in writing. The City Clerk shall maintain a centralized log tracking all proclamations and certificates of recognition submitted. All proclamations should be submitted first to the Mayor for approval, then to the City Clerk for documentation, with issuance granted on a first-requested basis. Page 552 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRESENTATIONS TO COUNCIL PRESENTATIONS- Special Orders of the Day, Proclamations, and Certificates of Recognition POLICY NUMBER EFFECTIVE DATE PAGE 111-02 XX12-XX06- 20252 1 OF 13 ADOPTED BY: Minute Action I DATED: 10-09-73 AMENDED BY: Resolution No. 2022-2612025-XXX BACKGROUND The City Council frequently receives presentations at City Council Meetings under "Special Orders of the Day." It is current practice for the Mayor and City Manager to review and approve requests for placement of items under "Special Orders of the Day." "Special Orders of the Day" are brief ceremonial items, such as the issuance of a proclamation to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. Proclamations may be presented during City Council Meetings under “Special Orders of the Day” and outside of City Council Meetings at the discretion of the Mayor and City Council. PURPOSE To establish a formal process for placement of items by City Council members under "Special Orders of the Day" that ensures efficient scheduling and distribution of items on City Council Meeting agendas and to establish the authority, criteria, and procedure for the issuance of proclamations. POLICY Special Orders of the Day Requests by City Council members for items to be placed under "Special Orders of the Day" at an upcoming City Council Meeting must be made in writing to the Mayor by no later than 5:00 p.m. on the day falling six days prior to the requested Council Meeting (e.g., the Wednesday pre ceding an upcoming Tuesday Council Meeting). Transmission of a request by email will satisfy this requirement. To be considered, requests should include a brief description of the item, the identity of any presenters, an estimate of the duration of any presentation and any timing requirements. Any such request will be subject to approval by the Mayor. Approved items will be scheduled and added to the agenda in consultation with the City Manager and as soon as practical in light of the business demands of upcoming agendas and any identified timing requirements. In the event the Mayor elects to not authorize a proposed request from the City Councilmember(s) in a reasonable timeframe , a Councilmember may request approval for a proposed proclamation to be placed under “Special Orders of the Day” by the full City Council by placing the item on the agenda in accordance with Council Policy 111-04. To prevent duplicate requests, the first member of council to submit a request shall present the proclamatio ns. In addition to the Mayor's authority, the City Manager also may place items under "Special Orders of the Day" as deemed appropriate . Page 553 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Proclamations It is the policy of the City that proclamations shall be presented in accordance with the criteria below: 1. Proclamations presented during City Council Meetings shall bear the signatures of the Mayor and all City Councilmembers unless the Mayor or a Councilmember opts out of signing a proclamation. 2. Proclamations are approved by the Mayor. 3. Proclamations may be presented to acknowledge: A. individual or group achievement and contributions to the City; B. individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have community-wide significance; C. civic celebrations; D. local, community, regional, state, or national occasions significant to the City of Chula Vista. 4. Mayoral and City Council District Proclamations: A. Mayoral Proclamations. Mayoral Proclamations may be presented by the Mayor outside of a City Council Meeting and shall only bear the signature of the Mayor. i. Mayoral Proclamations may be presented to acknowledge: a. individual or group achievement and contributions to the City; b. individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have community-wide significance; c. civic celebrations; d. local, community, regional, state, or national occasions significant to the City of Chula Vista. B. City Council District Proclamations. City Councilmembers may request to present City Council District Proclamations outside of City Council Meetings on behalf of the City with approval by the Mayor. i. City Council District Proclamations may be presented to acknowledge: a. individual or group achievement and contributions to the community within the City Council District; and b. individuals, groups, organizations, or businesses with a connection to the City Council District for milestones or major achievements that have community-wide significance; c. civic celebrations. ii. City Councilmembers shall submit requests for City Council District Proclamations to the Office of Mayor in writing at least ten days prior to the date the document is requested. Transmission of a request by email will satisfy this requirement . Requests shall include: a. Information and/or example(s) of how the request meets the criteria outlined in this policy; b. Any background or historical information; c. Notable qualities or characteristics of any individual or group(s) which would be honored; and d. Other information pertinent to the request. iii. City Council District Proclamations shall bear the signature of the District Councilmember. Page 554 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda iv. If the request meets the above-mentioned criteria and is approved, Council staff shall prepare the document. v. The Mayor may opt out of signing any City Council District Proclamation. vi. The requests for City Council District Proclamation shall be deemed approved if no response is received within ten days. vii. In the event the Mayor elects to not authorize a proposed request from the City Councilmember(s), a Councilmember may request approval of a proposed proclamation by the full City Council by placing the item on the agenda in accordance with Council Policy 111-04. Certificates of Recognition Certificates of recognition may be issued to recognize and honor individuals or organizations for their achievements or contributions to the City. Documentation The respective official that presents the proclamation or certificate of recognition shall notify the City Clerk in writing. The City Clerk shall maintain a centralized log tracking all proclamations and certificates of recognition submitted. All proclamations should be submitted first to the Mayor for approval, then to the City Clerk for documentation, with issuance granted on a first-requested basis. Page 555 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 556 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 557 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 558 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 559 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 560 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Page 561 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda Item 15.1 Report and Discussion Regarding Options to Modify City Council Policy 111 -02 Regarding Special Orders of the Day, Proclamations, and Certificates of Recognition Chula Vista City Council Meeting Tuesday, April 15, 2025 OFFICE OF THE CHULA VISTA CITY ATTORNEY Page 562 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Background – Council Policy 111 -02 •The City Council frequently receives presentations at City Council Meetings under "Special Orders of the Day." It is current practice for the Mayor and City Manager to review and approve requests for placement of items under "Special Orders of the Day ”. •Proclamations may be presented during City Council Meetings under “Special Orders of the Day” and outside of City Council Meetings at the discretion of the Mayor and City Council. Page 563 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Page 564 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Page 565 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Sample Changes - Council Policy 111 -02 •Allow Councilmembers to seek Council approval for adding a proclamation to the Council agenda. •Include signatures of all Councilmembers on the proclamations presented during Council meetings. •Create more defined criteria for proclamations. Page 566 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Sample Changes - Council Policy 111 -02 Proclamations may be presented to acknowledge: A. individual or group achievement and contributions to the City; B. individuals, groups, organizations, or businesses with a connection to the City for milestones of major achievements that have community-wide significance; C. civic celebrations; D. local, community, regional, state, or national occasions significant to the City of Chula Vista. Page 567 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Sample Changes - Council Policy 111 -02 Mayoral Proclamations •Mayoral proclamations may be presented by the Mayor outside of a City Council Meeting and shall only bear the signature of the Mayor •Mayoral Proclamations may be issued to acknowledge: a.Individual or group achievement and contributions to the City b.Individuals, groups, organizations, or businesses connected to the City for milestones or major achievements. c.Civic celebrations d.Local, community, regional, state, or national occasions significant to the City Page 568 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Sample Changes - Council Policy 111 -02 City Council District Proclamations •City Councilmembers may request to issue City Council District Proclamations outside of City Council Meetings on behalf of the City with approval by the Mayor. •City Council District Proclamations may be issued to acknowledge: a.individual or group achievement and contributions to the community within the City Council District; b.individuals, groups, organizations, or businesses with a connection to the City Council District for milestones or major achievements that have community- wide significance; c.Civic celebrations. Page 569 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Council Policy 111 -02 Certificates of Recognition •Certificates of recognition may be issued to recognize and honor individuals or organizations for their achievements or contributions to the City. Documentation •The respective official that presents the proclamation or certificate of recognition shall notify the City Clerk in writing. •All proclamations should be submitted first to the Mayor for approval, then to the City Clerk for documentation, with issuance granted on a first-requested basis Page 570 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Alternatives - Council Policy 111 -02 Additional Options •Keep existing policy in place. •Amend Policy to: •Allow all City Councilmembers to sign on to proclamations; and •Include a process where Councilmembers are invited to present proclamations along with the Mayor outside of Council meetings. Page 571 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda OFFICE OF THE CHULA VISTA CITY ATTORNEY Council Policy 111 -02 QUESTIONS? Page 572 of 572 City of Chula Vista - City Council April 15, 2025 Post Agenda