HomeMy WebLinkAbout2025/11/04 Post Agenda Packet
Date:Tuesday, November 4, 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.
Pages
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda Page 2 of 482
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 Oaths of Office:
Measure A Citizen's Oversight Committee
- Matthew Baiza
Measure P Citizen's Oversight Committee
- Lisa Schmidt
4.2 Presentation of a Proclamation Honoring Navy CMDCM/E9 Linda Sundberg as
the 2025 Chula Vista Veteran of the Year
4.3 Presentation of a Proclamation Proclaiming Thursday, November 13, 2025, as
World Kindness Day, and November 8-15, 2025, as Kindness Week Worldwide in
the City of Chula Vista
9
4.4 Presentation of a Proclamation Proclaiming Tuesday, November 4, 2025, as
Valerio's Bakeshop Day in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.9)
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 20
RECOMMENDED ACTION:
Approve the minutes dated: October 21, 2025 (special and regular meetings).
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 Consider Requests for Excused Absences 30
RECOMMENDED ACTION:
Consider approving a request to excuse Councilmember Preciado from the
October 21, 2025, Special City Council meeting.
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5.4 Agreement: Approve a Five-Year Agreement with CivicPlus, LLC for a New
Content Management System (CMS), Hosting Services, Government Website
Redesign, and Related Implementation Work
31
Report Number: 25-0235
Location: No specific geographic location
Department: Information Technology Services
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 CivicPlus, LLC for a new Content
Management System (“CMS”) for hosting services, website redesign, and related
implementation work with an initial five-year term from December 1, 2025,
followed by automatic one-year renewal terms with an option to terminate with 60
days notice.
5.5 Agreement: Approve an Agreement with D-Max Engineering, Inc. for National
Pollutant Discharge Elimination System MS4 Outfall, Trash, and As-Needed
Monitoring Services
51
Report Number: 25-0214
Location: No specific geographic location
Department: Engineering & Capital Projects
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).
RECOMMENDED ACTION:
Adopt a resolution approving an agreement between the City of Chula Vista and
D-Max Engineering, Inc.
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5.6 Agreement: Approve a Tree Inventory and Urban Forest Management Plan
Development Services Agreement with ArborPro, Inc.
113
Report Number: 24-0297
Location: Citywide
Department: Public Works Department
G.C. § 84308: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land). The
Project is also Exempt under a regulatory program of the Fish and Game
Commission pursuant to Section 15251(b). Under the National Environmental
Policy Act (NEPA), pursuant to Title 40 CFR 1501.4(e) of the Code of Federal
Regulations and the Federal Emergency Management Agency
(FEMA)/Department of Homeland Security Instruction Manual 023-01-001-01, the
activity is Categorically Excluded.
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with ArborPro, Inc. for Tree Inventory
and Urban Forest Management Plan Development Services.
5.7 Grant Application: Authorize Application For, and Receipt of, a State of California
Prohousing Incentive Program Funds Grant
203
Report Number: 25-0258
Location: No specific geographic location
Department: Housing and Homeless Services
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:
Adopt a resolution authorizing application for and receipt of Prohousing Incentive
Program Funds.
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November 4, 2025 Post City Council Agenda Page 5 of 482
5.8 Agreements: Approve the Parks Agreement with HomeFed Village 8E, LLC, and
an Affordable Housing Agreement and Related Documents for Otay Ranch
Village Eight East
208
Report Number: 25-0196
Location: Generally, south of the eastern extension of Main Street, east of Otay
Ranch Village Eight West, west of State Route 125, and north of the Otay River
Valley (APN: 644-070-21, 646-010-08) (“Project Site”)
Department: Development Services & 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 (“CEQA”) State Guidelines.
Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. Alternatively, if the subject agreements are considered a
project under CEQA, then the agreements are adequately covered and
addressed in a previously certified Final Environmental Impact Report (“FEIR”) for
the Otay Ranch University Villages Project (FEIR-13-01; SCH #2013071077;
certified by City Council Resolution No. 2014-232 on December 2, 2014).
RECOMMENDED ACTION:
Adopt resolutions:
Approving a Parks Agreement for Otay Ranch Village Eight East
between the City and HomeFed Village 8E, LLC.
A.
Authorizing the City Manager to execute 1) an Affordable Housing
Agreement for Otay Ranch Village Eight East, in satisfaction of the City’s
Inclusionary Housing Ordinance; 2) an Affordable Housing Transfer
Agreement for Otay Ranch Village Eight East; and 3) a Termination of
Affordable Housing Agreement and Affordable Housing Transfer
Agreement for Otay Ranch Village Eight West.
B.
5.9 Lease Agreement: Approve a Lease Agreement with the California Department of
Transportation for the Gayle L. McCandliss Park
301
Report Number: 25-0255
Location: 415 East J Street
Department: City Manager
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) and Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving a Lease Agreement with the California Department
of Transportation for the Gayle L. McCandliss Park located at 415 East J Street.
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda Page 6 of 482
6.PUBLIC COMMENTS 324
Twenty-one minutes are scheduled for the public to address the City Council for three
minutes each on any matter within the jurisdiction of the City Council that is not on the
agenda. The remaining speakers, if any, will be heard during the continued Public
Comment period.
7.PUBLIC HEARINGS
7.1 Building and Fire Codes: Adopt Various 2025 California Building and Fire Codes 344
Report Number: 25-0228
Location: No specific geographic location
Department: Development Services
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:
Place ordinances on first reading amending: A) Chula Vista Municipal Code
Chapters 15.06 (Administrative Provisions for the Technical Building Codes), B)
15.08 (Building Code), C) 15.09 (Residential Code), D) 15.10 (Referenced
Standards Code), E) 15.12 (Green Building Standards), F) 15.14 (Existing
Building Code), G) 15.16 (Mechanical Code), H) 15.24 (Electrical Code and
Regulations), I) 15.26 (Energy Code), J) 15.28 (Plumbing Code), K) 15.36 (Fire
Code), L) 15.38 (Wildland Urban Interface Code), and M) 15.62 (Energy
Benchmarking and Conservation Requirements for Multifamily and Commercial
Buildings). (First Readings)
8.ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any
Consider items removed from the consent calendar by the Mayor or a City
Councilmember, if any. If no items were removed from the consent calendar, this
item will be withdrawn.
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November 4, 2025 Post City Council Agenda Page 7 of 482
8.2 Discussion and Potential Direction to Staff Regarding the Frozen/Funded
Administrative Secretary Position Assigned to the Offices of Mayor and Council
475
Report Number: 25-0276
Location: No specific geographic location.
Department: City Manager
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:
Discuss and provide direction to City staff regarding the frozen/funded
Administrative Secretary (Mayor, At Will) position authorized in the City Council
budget.
9.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
10.CITY MANAGER’S REPORTS
11.MAYOR’S REPORTS
12.COUNCILMEMBERS’ REPORTS 477
13.CITY CLERK'S REPORTS
14.CITY ATTORNEY'S REPORTS
15.ADJOURNMENT
to the regular City Council meeting on November 18, 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.
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City of Chula Vista
Special City Council Meeting
MINUTES
Date:
Location:
October 21, 2025, 10:00 a.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Deputy Mayor Chavez, Councilmember Fernandez, Councilmember
Inzunza, Mayor McCann
Absent: Councilmember Preciado (Excused absence pending City Council approval)
Also Present: City Attorney Verdugo, City Manager Allen, Deputy Director of City
Clerk Services Malone, Senior Deputy City Clerk Kansas
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 10:00 a.m.
2. ROLL CALL
Deputy Director of City Clerk Services Malone called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Deputy Mayor Chavez.
4. 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.
The meeting was recessed at 10:05 a.m. and reconvened in closed session at 10:05
a.m. with all members present except Councilmember Preciado.
4.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Robert spoke on various topics.
Name of case: ACLU of So. Cal. v. Chula Vista Police Department, San Diego
Superior Court Case No. 37-2024-000202320-CU-WM-CTL
Action: No reportable action
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City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
10/21/25 Special City Council Meeting Minutes
Page 2
5. ADJOURNMENT
The meeting was adjourned at 11:05 a.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
October 21, 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 Attorney Verdugo, City Manager Allen, City Clerk Bigelow, Deputy
Director of City Clerk Services Malone
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.
Councilmember Inzunza arrived at 5:01 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Councilmember Fernandez.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation by Erika Gregg, Veterans Elementary School Principal
Regarding the 18th Annual Honor Our Veterans Parade
Erika Gregg, Veterans Elementary School Principal, and Henry Martinez gave a
presentation.
4.2 Presentation of a Proclamation Celebrating Phil Am BID's 20th Anniversary
Founding Day
The proclamation was presented.
4.3 Presentation of a Proclamation Recognizing the Oleander Neighborhood as
Chula Vista's First NFPA Firewise USA Community
The proclamation was presented.
5. CONSENT CALENDAR (Items 5.1 through 5.5)
Chuck Sanfilippo, Chula Vista resident, spoke in opposition to Item 5.4.
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City of Chula Vista - City Council
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10/21/2025 Regular City Council Meeting Minutes
Page 2
Moved by Mayor McCann
Seconded by Councilmember Fernandez
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.5. The headings were read, text waived. The motion was carried by the
following vote:
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approve the minutes dated: September 23 (corrected) and October 7, 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 Consider Requests for Excused Absences
Approve a request to excuse Councilmember Preciado from the October 7, 2025,
City Council meeting.
5.4 Chula Vista Auto Park BID: Adopt an Ordinance to Repeal CVMC Chapter 5.05
- Chula Vista Auto Park Business Improvement District, Disestablish the Auto
Park Business Improvement District, and Order the Disposal of Remaining
Assets
Adopt an ordinance to repeal Chapter 5.05 of Chula Vista Municipal Code,
disestablish the Auto Park Business Improvement District, and order the disposal
of remaining assets. (Second Reading and Adoption)
Item 5.4 heading:
ORDINANCE NO. 3602 OF THE CITY OF CHULA VISTA REPEALING CHAPTER
5.05 OF THE CHULA VISTA MUNICIPAL CODE —CHULA VISTA AUTO PARK
BUSINESS IMPROVEMENT DISTRICT, DISESTABLISHING THE AUTO PARK
BUSINESS IMPROVEMENT DISTRICT, AND ORDERING THE DISPOSAL OF
REMAINING ASSETS (SECOND READING AND ADOPTION)
5.5 Agreement: Approve an Amendment to the Legal Services Agreement with
Burke, Williams & Sorensen LLP
Adopt a resolution approving a first amendment to the legal services agreement
with Burke, Williams & Sorensen LLP for on-call legal services to increase the not-
to-exceed amount on the agreement from $50,000 to $150,000.
Item 5.5 heading:
RESOLUTION NO. 2025-171 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE LEGAL SERVICES
AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP
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10/21/2025 Regular City Council Meeting Minutes
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6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke regarding a recent community meeting and
other matters.
Adrienne Turner, Chula Vista resident, spoke regarding billing matters with Republic
Services.
Joann Fields, Chula Vista resident, spoke regarding events surrounding Filipino
American History Month.
Robert Johnson spoke regarding transparency.
Admiral Rivera, Chula Vista resident, spoke regarding various matters.
Jeff Shelton submitted written comments regarding the City's automated license plate
reader program.
7. PUBLIC HEARINGS
7.1 Housing Grants and Appropriation: Adopt a First Amendment to the U.S.
Department of Housing and Urban Development Fiscal Year 2025-26 Annual
Action Plan and Appropriate CalHome Program Income
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Housing Manager Warwick and Management Analyst Rodriguez gave a
presentation on the item.
Mayor McCann opened the public hearing.
Concerned Resident submitted written communications in opposition to the item.
There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
Moved by Councilmember Preciado
Seconded by Mayor McCann
To adopt Resolution Nos. 2025-172 and 2025-173 and provide direction to staff to
review the funding in three months. The headings were read, text waived. The
motion was carried by the following vote:
Result, Carried (5 to 0)
Item 7.1 headings:
A) RESOLUTION NO. 2025-172 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FIRST AMENDMENT TO THE 2025-26
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLAN, AMENDING THE FISCAL YEAR 2025-26 BUDGET, AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
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10/21/2025 Regular City Council Meeting Minutes
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B) RESOLUTION NO. 2025-173 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CONTINUED USE OF CALHOME PROGRAM
INCOME FOR FIRST-TIME HOMEBUYER LOANS, AMENDING THE FISCAL
YEAR 2025-26 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
8. ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any
There were none.
8.2 Financial Report and Appropriation: Accept Quarterly Financial Report for
the Quarter Ending June 30, 2025 (Fourth Quarter Report) and Appropriate
Funds to Implement Required Budget Adjustments
Director of Finance Schoen, Budget and Analysis Manager Prendell, and Fiscal
and Management Analyst Vargas gave a presentation on the item.
At the request of Councilmember Preciado, there was a consensus of a majority of
the City Council to place an item on a future agenda to discuss the available
funding from a frozen position in the Mayor and Council Office and to consider
reallocating those funds to support the operations of that office.
Moved by Councilmember Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2025-174, the heading was read, text waived. The motion
was carried by the following vote:
Result, Carried (5 to 0)
Item 8.2 heading:
RESOLUTION NO. 2025-174 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2024-25
BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
8.3 Park Master Plan Approval: Approval of Park Master Plan and Name for the
5.5-acre Neighborhood Park in Otay Ranch Village 8 West
Landscape Architect Handschumacher gave a presentation on the item.
The following members of the public spoke in support of the park name "Filipino
American Veterans Park":
John Acosta
Oscar Sanchez Garcia, Chula Vista resident
Maria Flor Tamoria
Joseph Novencido
Kenia Peraza
Diana MJC
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Felix Tuyay, San Diego resident
Ed Danico
Linda Caragan, San Diego resident
Pacita Barrangan, Chula Vista resident
Joy Gauya, San Diego resident
Rita Buencamino-Andrews, San Diego resident
Arlene Cagampan, Chula Vista resident
Bill B, Chula Vista resident
Simeon Silverado, Chula Vista resident
Reggie Cagampan, Chula Vista resident
Steve Kappes, Chula Vista resident
Erlinda Mascardo
Eleanor Sober, San Diego resident
Nimpa, Chula Vista resident
Ernesti Liwag, San Diego resident
Mari, Chula Vista resident
Chris Psillas, Chula Vista resident
Ray Ricario, Chula Vista resident
Chuck Sanfilippo, Chula Vista resident
Delia Dominguez Cervantes
Angelica Martinez
Arlene, Chula Vista resident
JoAnn Fields, Chula Vista resident
Robert
Edna Concepcion, Chula Vista resident
Marissa Acierto, Chula Vista resident
Timothy Manglicmot
Emeline Yabut
Pacita
Mariagida Mamaril, Chula Vista resident
Teejay Sunglao, San Diego resident
Gemma Rama-Banaag
The following members of the public submitted written comments in support of the
park name "Filipino American Veterans Park":
Henry Magalong, Chula Vista resident
Glenn Conte, Chula Vista resident
Romeo Escarrilla, Chula Vista resident
Cris Escarrilla, Chula Vista resident
Vivian Sanderli, La Mesa resident
Ronald Vicente, Chula Vista resident
Ernalyn Vicente, Chula Vista resident
Remedion Liwag
Veronica Garcia, Chula Vista resident
Bienvenido Valerio, Chula Vista resident
Victoria Lagula, San Diego resident
Myrna Psillas, Chula Vista resident
Emelita Acebedo, Chula Vista resident
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Isidro Acebedo, Chula Vista resident
Norma Cagampan, Chula Vista resident
Romeo Cagampan, Chula Vista resident
Rowena Tanguileg, Chula Vista resident
MiguelAngel Espinosa
Ana Avendano, Chula Vista resident
Vidal Espinosa, Chula Vista resident
Jeff Redondo, Chula Vista resident
Mayor McCann made a motion, seconded by Councilmember Preciado, to adopt
the resolution with the park name “Filipino American Veterans Park.”
Councilmember Inzunza made an alternate motion to direct City staff to explore the
creation of a larger community-scale park celebrating the Filipino community,
based on a proposal submitted by South Bay Filipino community leaders and
supported by the Filipino American Military Officers Association, including
consideration of relocating the Veterans Monument and incorporating Filipino
design themes. The motion died due to lack of a second.
Councilmember Fernandez made an alternate motion to bifurcate the item to
approve the Park Master Plan and take action to name the park separately,
following the formal naming process recently established by the City Council. The
motion died due to lack of a second.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution No. 2025-175, as amended to include the park name of
“Filipino American Veterans Park.” The heading was read, text waived. The motion
was carried by the following vote:
Result, Carried (5 to 0)
Item 8.3 heading:
RESOLUTION NO. 2025-175 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE PARK MASTER PLAN FOR THE 5.5-ACRE
NEIGHBORHOOD PARK IN OTAY RANCH VILLAGE 8 WEST AND THE PARK
NAME FILIPINO AMERICAN VETERANS PARK
At the request of Deputy Mayor Chavez, there was a consensus of the City Council
to illuminate City Hall in red, yellow, and blue in honor of Filipino Heritage Month.
The meeting was recessed at 8:19 p.m. and reconvened at 8:44 p.m.
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
There were none.
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10/21/2025 Regular City Council Meeting Minutes
Page 7
11. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community
announcements.
At the request of Mayor McCann, there was a consensus of the City Council to add an
item to a future meeting to create a subcommittee to explore the creation of a Filipino
Village.
11.1 Ratify Appointments to Boards, Commissions, Committees
Board of Ethics
-Gustavo Padilla
Moved by Mayor McCann
Seconded by Councilmember Fernandez
To ratify the appointment of Gustavo Padilla to the Board of Ethics. The motion was
carried by the following vote:
Result, Carried (5 to 0)
12. COUNCILMEMBERS’ REPORTS
Councilmembers reported on attendance at recent events and made community
announcements.
Councilmember Preciado reported on his attendance at the recent MTS board meeting.
12.1 Councilmember Preciado: Ratify Appointments to Boards, Commissions,
Committees
Measure A Citizen's Oversight Committee
-Matthew Baiza
Measure P Citizen's Oversight Committee
-Lisa Schmidt
Moved by Councilmember Preciado
Seconded by Mayor McCann
To ratify the appointments of Matthew Baiza to the Measure A Citizens' Oversight
Committee and Lisa Schmidt to the Measure P Citizens' Oversight Committee. The
motion was carried by the following vote:
Result, Carried (5 to 0)
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Page 8
12.2 Deputy Mayor Chavez: Consider Making a Referral to the City Manager to
Explore and Report Back to the City Council on Opportunities to Expand
Senior Programming and the Potential Establishment of a Senior Center on
the East Side of the City
Chuck Sanfilippo spoke in support of the item.
Kim Vo submitted written comments in support of the item.
At the request of Deputy Mayor Chavez, there was a consensus of the City Council
to make a referral to the City Manager to explore and report back to the City
Council on opportunities to expand senior programming and the potential
establishment of a senior center on the east side of the City.
13. CITY CLERK'S REPORTS
There were none.
14. CITY ATTORNEY'S REPORTS
14.1 Council Policy No. 111-02: Discussion Regarding Amendments to the Special
Orders of the Day and Proclamations Policy
City Attorney Verdugo gave a presentation on the item.
There was a consensus of a majority of the City Council to refer the matter back to
the City Attorney to consider the City Council's feedback and return the item at a
future meeting with additional revisions.
15. ADJOURNMENT
The meeting was adjourned at 9:56 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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EMORANDUM
OFFICE OF COUNCILMEMBER JOSE PRECIADO
276 Fourth Ave. Chula Vista, CA 91910 619.585.5713 JPreciado@chulavistaca.gov
DATE: October 21, 2025
TO: Honorable Mayor, and Members of the City Council
CC: City Manager, City Clerk, and City Attorney
FROM: Councilmember Jose Preciado
SUBJECT: Request to Excuse Absence from Special City Council Meeting
Honorable Mayor and City Council,
I respectfully request that my absence from the October 21, 2025, Special City Council Meeting
be excused due to a previously scheduled medical appointment.
Thank you for your time and consideration.
Respectfully,
Jose Preciado
Councilmember, District 2
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Agreement: Approval of a Five-Year Agreement with CivicPlus, LLC for a New Content Management System
(CMS), Hosting Services, Government Website Redesign, and Related Implementation Work
Report Number: 25-0235
Location: No specific geographic location
Department: Information Technology Services
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 CivicPlus, LLC for a new Content Management System
(“CMS”) for hosting services, website redesign, and related implementation work with an initial five-year
term from December 1, 2025, followed by automatic one-year renewal terms with an option to terminate
with 60 days notice.
SUMMARY
The City of Chula Vista recognizes the importance of having a modern, functional, and accessible website.
This website must offer reliable online services and a responsive design to effectively serve as a n essential
resource for its residents, businesses, and visitors. In line with the City’s commitment to digital innovation
and responsive public service, City staff are seeking to enhance the City’s online presence through a
comprehensive redesign of the official website, chulavistaca.gov. This strategic initiative aims to significantly
improve the site’s accessibility, usability, and overall performance, ensuring a seamless, inclusive, and user-
friendly experience for all audiences and devices.
Following the issuance of a formal Request for Proposal (RFP) P21-2025 and a competitive selection process,
CivicPlus, LLC was recommended by the City’s RFP selection committee as the most qualified vendor to
support the desired redesign effort. With a proven track record in municipal website development, CivicPlus,
LLC will help the City realize its digital transformation goals. The redesigned website will feature a modern
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interface, enhanced navigation, mobile responsiveness, and compliance with current accessibility standards.
Additional improvements will include a faster and more intuitive CMS, all designed to elevate the quality,
reliability, and reach of the City’s digital services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Project Background
As the second-largest city in San Diego County, Chula Vista plays a vital role in regional development,
economic growth, and community engagement. Serving a population of more than 276,000, the City's official
website attracts an average of 3.7 million annual views and had over 930,000 unique users in 2024. It’s an
essential digital hub, that provides residents, visitors, and businesses with important information and
resources on a wide range of topics, including local governance, public safety, community events, and support
for new businesses.
In 2013, the City of Chula Vista awarded a contract via a formal RFP process to Vision Internet Providers, Inc.
to redesign and host the City’s website. In 2018, Vision was acquired by Granicus, LLC, which subsequently
assumed responsibility for hosting the content management system. Granicus has continued to provide
ongoing maintenance and support for the City’s digital infrastructure. However, as the City’s needs continue
to grow, significant opportunities exist to enhance functionality, improve the user experience, and
strengthen accessibility.
Unfortunately, the current website’s design has become outdated, and the system’s content management
system lacks the flexibility required to support Chula Vista’s growing needs. Recent City surveys and focus
groups have identified gaps in the website's functionality and produced only average user satisfaction scores.
As the City continues to expand, there is an urgent need for a more robust platform that not only enhances
access to City services but also fosters deeper community engagement while aligning with the City’s
progressive vision. In 2024, 63% of visits to chulavistaca.gov were associated with mobile devices. Therefore,
a key opportunity for improvement is fully optimizing the City’s website for mobile access. A mobile-first
redesign is essential to ensure a seamless, responsive experience across all devices, supporting the
increasing demand for online services and improving the overall user experience.
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Community and Internal Surveys
In November 2023, ThirdWave, a City consultant, conducted an online community survey to gather feedback
from residents on the City’s website and online services. The survey revealed that the community strongly
values the availability of online services, such as electronic payments and forms, with almost 91% of the
respondents rating these services as "very important” or “important.” Regarding the City’s website
performance, 45% of participants rated the overall user experience as “fair” or “needs improvement,”
thereby indicating clear areas for improvement.
As a follow-up to that inquiry, the Information Technology Services Department conducted a focus group
with all staff web liaisons to evaluate the City’s website content management system and discuss potential
development strategies. A second survey was conducted to elicit feedback on ease of website design,
functionality, and performance of the current platform. One key question asked was whether the platform
provides all the necessary features for web management, with possible ratings ranging from “significantly
lacks features” (1) to “fully sufficient” (10). The average rating was 5, indicating that while the current
platform offers some important features, there are notable gaps in functionality that impact its effectiveness
for webpage creation and management. Participants were also asked about their overall satisfaction with the
current platform, with ratings from “very dissatisfied” (1) to “very satisfied” (10). The average score was a
6. This again indicated only a moderate level of satisfaction and highlights areas for improvement in both the
site’s performance and service quality. Overall, the survey results highlighted the need to assess the City’s
current web management tool and revealed opportunities for improvement, aiming to better support web
liaisons and enhance the City’s online presence.
Selection Process
In December 2024, the City issued RFP P21-2025 for the development of a modern CMS and the redesign of
its website. The City received 19 responses. The objective was to select a modern, user-friendly, and
accessible platform that would enhance the City's digital presence. A City selection committee composed of
representatives from the Office of the City Manager, Office of the City Clerk, and Information Technology
Services ranked each proposal based on a range of key criteria, including vendor experience, qualifications
of personnel, proposed approach, quality of solution, cost, and CMS features. The top six respondents were
invited to participate in live demonstrations and interviews to further assess their solutions.
Following a comprehensive evaluation process, CivicPlus, LLC was recommended as the preferred vendor.
This decision was based on their extensive experience in developing secure, municipal websites that adhere
to rigorous accessibility standards and mobile-responsive design principles. CivicPlus, LLC demonstrated a
modern, flexible, and mature product, featuring a built-in accessibility menu interface to ensure compliance
and enhance user accessibility. With a strong commitment to safeguarding user data, CivicPlus delivers
integrated solutions that will strengthen website security, improve functionality, streamline content
management, and elevate the overall user experience. CivicPlus brings over 25 years of experience working
with municipal organizations across the United States and Canada, serving more than 4,500 website clients.
A key deliverable of the project is a fully responsive website that works seamlessly across desktops, tablets,
and smartphones. The design is to be clean, visually appealing, and aligned with the City’s branding.
Simplified navigation is also a must, making it easier for users to access City services, information, and
resources efficiently. Finally, full ADA accessibility compliance, robust cybersecurity and enhanced
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functionality, such as personalized user accounts, secure online payment systems, dynamic calendars, event
management tools, online forms, and real-time news updates, and integration with third-party applications
will further improve the site’s performance and usability.
Project Cost and Timeline
The redesign and content migration are scheduled for completion by October 2026, with the new website
set to launch in December 2026. To ensure uninterrupted service during the transition period, the City has
executed a fifth amendment to its existing service agreement with Granicus, LLC, securing a one-year
extension at a cost of $25,118. This extension will maintain services through 2026, supporting continuity
ahead of the scheduled launch of the new website.
Contingent on contract approval, CivicPlus, LLC is committed to assisting the City in redesigning the website
and implementing improvements. As specified in the CivicPlus Master Services Agreement, the initial term
invoice schedule is provided below.
Fiscal Year Annual Subscription One-Time Fees Annual Total
Subtotal $ 175,584
Annual Recurring Services Starting Year 6
Automatic 1 year renewal term, unless 60 days’
Conclusion
With the increasing trend of mobile usage, it has become essential for the City to optimize its website for a
variety of devices. As more users access online content through smartphones and tablets, providing a
seamless, user-friendly experience across all platforms is a priority. Feedback from the focus group and
internal assessments revealed clear enhancement opportunities, particularly in web and content
management features. This shift in how audiences engage with digital content has driven the need for a
website redesign. This project aims to enhance functionality, improve navigation, and optimize mobile
compatibility. By addressing these areas, the City will not only meet the current demands of its audience but
also position itself to stay ahead of future technological trends , ensuring greater accessibility and
engagement for all users.
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.).
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Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution awards an agreement with CivicPlus. First year costs associated with this
agreement of $69,444, including $59,545 one-time fees, are included in the Public Educational & Government
Fee (PEG) Fund fiscal year 2025-26 budget. There is no additional current-year fiscal impact anticipated as
a result of this action.
ONGOING FISCAL IMPACT
The ongoing fiscal impact over the remaining four years of the five-year agreement term is estimated at
$106,140 as outlined in the summary table below. Automatic one-year renewals include annual recurring
services starting in year six at a cost of $29,933. Each automatic one-year renewal term is subject to an
increase of up to 5%. This expense will be considered as part of the annual budget development process in
future years.
Fiscal Year Annual Total
Subtotal $ 106,140
ATTACHMENTS
1. CivicPlus, LLC Five-Year Master Services Agreement
Staff Contact: Marc Amio, Senior Webmaster
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60297.00068\42697710.1
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACTOR/SERVICE
PROVIDER MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND CIVICPLUS, LLC TO
PROVIDE WEBSITE REDESIGN, CONTENT MANAGEMENT
SYSTEM, HOSTING SERVICES, AND RELATED
IMPLEMENTATION WORK
WHEREAS, the City redesigned its website, chulavistaca.gov, and implemented a new
content management system in 2013 through a contract awarded via a formal Request for Proposal
(RFP) process to Vision Internet Providers, Inc., which was later acquired by Granicus, LLC in
2018, resulting in a transition of services and subsequent updates to the website; and
WHEREAS, the City recognizes the importance of having a modern, functional, and
accessible website. This website must offer reliable online services and a responsive design to
effectively serve as an essential resource for its residents, businesses, and visitors; and
WHEREAS, the City has identified a critical need to redesign its website to enhance
accessibility, functionality, and user experience for residents, businesses, and visitors; and
WHEREAS, in December 2024, the City issued a request for proposals (RFP P21-2025),
seeking competitive proposals from qualified qualified software as a service providers for the
provision of a modern content management system and the redesign of the City’s website, with a
focus on mobile optimization, user-friendly design, and enhanced online services; and
WHEREAS, the City received nineteen (19) proposals, which were evaluated and ranked
by the City’s selection committee. The six highest-ranked firms were then invited to provide a
demonstration and participate in interviews with the committee; and
WHEREAS, after a thorough evaluation, CivicPlus, LLC was recommended as the most
qualified firm based on their proven track record of delivering government website solut ions,
expertise in mobile-optimized and accessible designs, and their ability to integrate solutions that
will enhance functionality, streamline content management, and improve user experience; and
WHEREAS, the City of Chula Vista aims to ensure the redesigned website meets the needs
of all users, complies with the Americans with Disabilities Act, and adheres to the Web Content
Accessibility Guidelines (WCAG) 2.1 AA standards; and
WHEREAS, the City Council recognizes the importance of this project in enhancing public
access to City services and supporting Chula Vista's role as a leader in innovation, sustainability,
and community engagement; and
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Resolution No.
Page 2
WHEREAS, in accordance with Chula Vista Municipal Code Section 2.56.080 for
“Contracts for supplies, equipment, or services exceeding $100,000,” the City received multiple
proposals and selected CivicPlus, LLC as the most qualified vendor based on their experience,
design capabilities, and ability to meet the City’s objectives for the project; and
WHEREAS, CivicPlus, LLC has committed to providing the necessary services to redesign
and migrate content for the City’s official website, with the project expected to be completed by
October 2026, and the official launch scheduled for December 2026; and
WHEREAS, this resolution authorizes an agreement with CivicPlus, LLC in the amount
of $175,584 for website redesign, content management system, hosting services, and related
implementation work, for the term of December 1, 2025, through June 30, 2030; and
WHEREAS, costs associated with the master service agreement are eligible expenses of
the Public Educational & Government Fee (PEG) Fund, for which sufficient appropriations are
available in fiscal year 2025-2026 budget for year one of expenses and ongoing expenses will be
considered as part of the City budget development process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Master Services Agreement, between the City and CivicPlus, LLC for a
Software as a Service (SaaS) platform to support the City’s website redesign, content management
system implementation, web hosting services, and related implementation work, 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 the same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the City Manager or the Director of Finance/Treasurer to exercise any extensions of the
agreement between the City and CivicPlus, LLC, on behalf of the City, in the form 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 the same.
Presented by Approved as to form by
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney
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ACN 2025-354
Docusign Envelope ID: 0AA3648B-9FA3-4EFC-9761-E03CD69214BC
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FY 2025)
FY 2026)
FY 2027)
FY 2028)
FY 2029)
Docusign Envelope ID: 0AA3648B-9FA3-4EFC-9761-E03CD69214BC
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cceptanceof Quote# Q-93746-1
The undersigned has read and agrees to the Binding Tem,s, which are incorpor ated into this SOW, and have caused this
SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Infor mation, please visit httP-s://www.civic lus.com/veri /
Authorized Client Si nature CivicPlus
By (please sign): By (please sign):
Printed Name: Printed Na me:
Title: Title:
Date: Date:
Organization Legal Name:
Billing Contact :
Title:
Billing Phone Number:
Billing Email:
Billing Address:
Maili ng Address: (If different from above)
PO Number: (Info needed on Invoice (PO or Job#) if required)
V. PD 06.0'1.20'15-0048
Page 3 of 3
Approved As to Form (Client)
By:
Printed Name:
Title:
Date:
Amy Vikander
SV P of Customer Success
Tiffany Allen
City Manager
Marco A. Verdugo
City Attorney
City of Chula Vista
Marc Amio
Senior Webmaster
619 ) 476-5389
mamio@ chulavistaca.gov
276 4th Avenue, Chula Vista, CA 91910
Docusign Envelope ID: 0AA3648B-9FA3-4EFC-9761-E03CD69214BC
10/16/2025
Procurement Review
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233
CivicPlus Master Services Agreement
This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and
between CivicPlus, LLC (“CivicPlus”) and the customer entity identified on the SOW (“Customer”). This Agreement
governs the use and provision of any Services purchased by Customer, as described in any signed SOW, and the effective
date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been
executed, then the Effective Date shall be determined as the start date of implementation of any software solution by
CivicPlus for Customer. CivicPlus and Customer referred to herein individually as “Party” and jointly as “Parties”.
Recitals
I.WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community
engagement and government content, workflow, and general management software solutions, platforms and associated
services (the “Services”); and
II.WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license
subscription for the ongoing use of the Services, as set forth in the SOW;
NOW, THEREFORE, Customer and CivicPlus agree as follows:
Agreement
Term & Termination
1.This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any
SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless
terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate
this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to
the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the
breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due
for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the
right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation,
Customer’s non-payment. Upon termination for Customer’s breach, Customer’s right to access or use Customer Data
immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.
2.Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by
11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the
terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately
become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to
material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already
paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233
provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid.
Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement.
3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of
its Users access to any Service due to a threat to the technical security or technical integrity of the Services.
Invoicing & Payment Terms
4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s
Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support and
maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable
SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required
to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete
information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon
submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should
change. Upon Customer’s request, CivicPlus will mail hard -copy invoices for a $5.00 convenience fee to be added to the
mailed invoice.
5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a
finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be
added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the
oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the
Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress
Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access
to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation
of Services for non-payment.
6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to
previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees,
resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to
reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and
shall only incur those expenses which are approved by Customer.
Ownership & Content Responsibility
7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer
will own any website graphic designs, Services content, module content, importable/exportable data, and archived
information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer
Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks,
logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing,
transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content
excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with
providing Services or otherwise.
8. Upon completion of the Project Development, Customer will take over the management and control of the Services
and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not
CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233
intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide,
non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the
Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission
from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for
CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall
not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who
access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer
Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related,
violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking
or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-
party rights.
9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content
and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus to perform
the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a
fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason,
whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and
definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of
the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its
termination, Customer will not have access to the Services.
10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software
source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of
CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell,
resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any
CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make
derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or
frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device
that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble
or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain
unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property
in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics
of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus
name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of
CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.
11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set
forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non -assignable license to access
and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The
license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as
intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar
product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is
for their intended purpose only and understands and agrees that any other use shall be considered fraud.
12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated
electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper
copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed.
Customer shall not copy, download, distribute, or make derivatives of the Documentation.
13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing
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innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the
Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the
Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the
Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the
appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide
workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services.
14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by
Customer to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions
provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a
worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the
CivicPlus products and services.
Indemnification
15. CivicPlus will defend at its expense or settle any third -party claim against Customer alleging that the Services
provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs,
CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any
claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement .
CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying
the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting
CivicPlus sole control of the defense or settlement of the claim; provided, however that any such settlement may not
include an admissions of liability by Customer without Customer’s prior written consent, which may be withheld at
Customer’s discretion. The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual
property infringement related to Customer Content.
Responsibilities of the Parties
16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any
underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any
portion of the Service received by the Customer.
17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by
Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be
responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.
18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect,
store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that
CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data,
and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions.
Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer
solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the
Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any
personal data. Customer has the sole control and responsibility over the determination of whic h data and information shall
be included in the content that is to be transm itted and stored by CivicPlus. Customer shall not provide to CivicPlus or
allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s intellectual property rights,
rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or
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foreign laws, regulations, or statutes.
19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer
agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity,
which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Customer
Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals
or any other third parties for all actual or intended uses of information, data or other content Customer will use in
connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any
User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the
foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus
Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property
and any loss or theft or unauthorized use of any n User's password or username and/or personal information ; and (f) use
the Services only in accordance with applicable laws and regulations.
20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in
connection with its use and provision of any of the Services or CivicPlus Property.
21. CivicPlus shall not be responsible for any act or omission of any third -party vendor or service provider that Customer
has selected to integrate any of its Services with.
22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically
reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or
training, purchased by Customer are not used during the Project Development phase solely due to the inaction or
unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The
Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the
Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon
the expiration of the 30-day period.
Data Security
23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain
commercially reasonable administrative, physical, and technical safeguards designed to protect the security and
confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except (a) in order
to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as
specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if
compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known
malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the
Services or maintain the Customer Data, information or other material if Customer’s accounts are past due and unpaid as
set forth in this Agreement.
24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the
Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards
for the protection and the security and confidentiality of Customer’s Data. Notwithstanding anything to the contrary,
CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and
performance of various aspects of the Service s and related systems and technologies (including, without limitation,
information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term
hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and
corrective purposes in connection with the Services and other CivicPlus offerings.
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25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such
third-party application will be subject to acceptance by Customer. In connection with any such third-party application
agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to
Customer Data as required for the interoperation of such third-party application with the Services. The use of a third-party
application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the
provider of the third-party application, which will govern Customer's use of such third-party application.
26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus,
CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.
CivicPlus Support
27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable
industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer
will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices,
receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific
support contact methods (https://www.civicplus.help/hc/en-us/requests/new).
28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions
concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems
issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to
software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to
modify user accounts, and permissions nor distribute access outside of accounts established by means of a support
interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will
perform the action themselves.
29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may
access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available
by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees,
such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced
the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good
faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined
in any SOW.
30. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number
that will be used as communication method throughout ticket escalation until a solution is provided. Support service does
not include support for errors caused by third party products or applications for which CivicPlus is not responsible.
Marketing
31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Customer’s
instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on
Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited,
worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the
purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship
without the approval of the other Party, such approval not to be unreasonably withheld.
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Limitation of Liability
32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed five times
the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability.
33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive
damages arising out of or related to this Agreement.
34. The liabilities limited by Section 32 and 33 apply: (a) to liability for negligence; (b) regardless of the form of action,
whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility
of the damages in question and even if such damages were foreseeable; and (d) even if Customer’s remedies fail of their
essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section,
CivicPlus’ liability will be limited to the maximum extent permissible.
Warranties and Disclaimer
35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he
or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the
SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and
the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and
legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants
that Customer has not provided any false information to gain access to the Service and that Customer’s billing information
provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to perm it Customer’s use
of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other
rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to w hich it is
bound.
36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing
proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any
defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty
regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone
other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the
Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus.
37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable
control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled
service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS
AGREEMENT, THE SERVICES ARE PROVIDED “AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A
PRIOR COURSE OF DEALING.
38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS
AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY
CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
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THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THIS AGREEMENT.
Force Majeure
39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation
or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic,
fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency,
act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or
other cause of similar or dissimilar nature beyond its control.
Taxes
40. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding
and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in
connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the
Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the
fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid
by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses.
Other Documents
41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire
agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations,
written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement
or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or
inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any
SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary
therein, no terms or conditions stated in a Customer purchase order or other order documentation (excluding SOWs) will
be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such
term is to refer and agree to this Agreement.
Interlocal Purchasing Consent/ Cooperative Purchasing
42. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion,
this Agreement and any SOW may be extended to any public entity in Customer’s home -state to purchase at the SOW
prices and specifications in accordance with the terms stated herein.
43. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended
for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by
and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees
and billing terms.
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Miscellaneous Provisions
44. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall not void, affect the
validity or enforceability of any other provision of this Agreement.
45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend
this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against
the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting
this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”
46. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating
legal action.
47. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail,
shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same
binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electro nic
signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no
certification authority or other third party verification is necessary to validate its electronic signature and that the lack of
such certification of third party verification will not in any way affect the enforceability of the Parties’ electronic signature
or any resulting agreement between CivicPlus and Customer.
48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally
update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms
herein, CivicPlus will provide Customer with written notice describing such change via email or through its website.
Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the
event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days
receipt of notice of such update.
49. Except as described here or in any other applicable policy, we do not sell, trade, or rent the User’s Personal
Information to any third parties. We may share generic aggregated demographic information not linked to any Personal
Information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purpos es
outlined above; provided, however, that such data shall be anonymized in a manner that permanently deletes all Customer
Data (including individual user data of Customer’s users) and strips all geolocation data or other data that would potentially
allow such statistics to be re-identified through data filtering.
50. The User’s personal information is any information relating to an identified or identifiable person (“Personal
Information”), such as your name, address, email address, phone number, or IP address. Personal Information does not
include publicly available information, de-identified, or aggregate consumer data. For purposes of this agreement, “de-
identified or aggregate consumer data” shall at all times be anonymized in a manner that permanently deletes all Customer
Data (including individual user data of Customer’s users) and strips all geolocation data or other data that would potentially
allow such statistics to be re-identified through data filtering
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EVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits
any City of Chula Vista Officer1 (“Officer”) from taking part in decisions related to a contract if
the Officer received a political contribution totaling more than $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 DOES NOT apply to this Agreement.
B. The Levine Act does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political
contributions totaling more than $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.
1 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any
candidate for elective office in an agency. GC § 84308
Amy Vikander, SVP of Customer Success
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Agreement: Approve an Agreement with D-Max Engineering, Inc. for National Pollutant Discharge
Elimination System MS4 Outfall, Trash, and As-Needed Monitoring Services
Report Number: 25-0214
Location: No specific geographic location
Department: Engineering & Capital Projects
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).
Recommended Action
Adopt a resolution approving an agreement between the City of Chula Vista and D-Max Engineering, Inc.
SUMMARY
The City of Chula Vista is required to perform dry weather Municipal Separate Storm Sewer System (MS4)
outfall discharge monitoring to identify, prioritize, control, and monitor non-storm water and illicit
discharges within its jurisdiction. Monitoring includes but is not limited to field screening, field monitoring,
field sampling and laboratory analysis and trash assessment monitoring at identified locations throughout
the City. Due to the expertise and specialized equipment necessary to perform these services, it is necessary
to retain an outside consultant. Proposals were requested from qualified engineering and environmental
consulting firms. One proposal was received from D-Max Engineering Inc. and staff determined that they
were qualified.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the proposed project
would not result in a significant effect on the environment, create a cumulative impact, damage a scenic
highway, or cause a substantial adverse change in the significance of a historical resourc e. Thus, no further
environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In May 2013, the San Diego Regional Water Quality Control Board (RWQCB) adopted Order No. R9-2013-
0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 National Pollutant Discharge Elimination
System (NPDES) Permit and Waste Discharge Requirement for Discharges from the Municipal Separate
Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (Municipal P ermit).
Municipal Permit Provisions E.2.c and E.2.d require the City to perform dry weather MS4 outfall monitoring
to detect non-storm water and illicit discharges within its jurisdiction and to prioritize the dry weather MS4
discharges that will be investigated and eliminated.
Due to the expertise and specialized equipment necessary to perform MS4 outfall and trash monitoring
services, staff determined it necessary to retain an outside consultant and requested proposals from qualified
engineering and environmental consulting firms. In accordance with City of Chula Vista Municipal Code
Section 2.56.110, on August 22, 2025, the Engineering and Capital Projects Department advertised a Request
for Proposals (RFP) for consultant services to conduct MS4 Outfall, Trash, and As-Needed Monitoring
Services for Fiscal Years 2025-26, 2026-27, and 2027-28. One proposal was received from D-Max
Engineering, Inc.
After careful consideration of consultant qualifications and experience, staff determined that D-Max
Engineering, Inc. is a qualified firm. D-Max Engineering, Inc. has extensive experience completing MS4 outfall
monitoring programs for various jurisdictions in the San Diego Region, has adequate resources to complete
the work, and is familiar with the City’s drainage system from through prior service as the City’s Dry Weather
Monitoring Consultant. D-Max Engineering, Inc. has consistently provided storm water services in an
efficient and timely manner and supported the City in maintaining compliance with Municipal Permit
requirements.
Staff recommends that Council approve the Agreement with D-Max Engineering, Inc. to perform MS4 outfall,
trash, and as-needed monitoring services for the City of Chula Vista.
The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of four
major components as follows:
1. Deliverable 1 –Dry Weather MS4 Outfall and Trash Monitoring Services
2. Deliverable 2 – Source Identification Upstream Investigations
3. Deliverable 3 – As-Needed Monitoring
4. Deliverable 4 – MS4 Outfall and Trash Monitoring Report
While quantities for Deliverables 1 and 4 are fixed and known, those for Deliverables 2 and 3 are dependent
upon unforeseeable factors, including the number of pollutant observations and difficulty of source
identification. For this reason, a not-to-exceed amount has been set for Deliverables 1 and 4, and an
estimated not-to-exceed budget has been anticipated to cover the costs for Deliverables 2 and 3.
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Deliverables 2 and 3 will be compensated based on actual time and materials in accordance with the unit
rates outlined in the Agreement. The amount of time and materials for upstream and as-needed
investigations are not known at this time; however, any work in this category will require prior approval by
the City. An estimated not-to-exceed budget of $50,000 per fiscal year is anticipated for fiscal years 2025-
26, 2026-27, and 2027-28 to cover the cost of Deliverables 2 and 3.
Approval of this resolution authorizes the Agreement between the City of Chula Vista and D-Max Engineering,
Inc. to perform MS4 outfall, trash, and as-needed monitoring services at a cost not to exceed $117,232 per
fiscal year for fiscal years 2025-26, 2026-27, and 2027-28.
The initial agreement will be in effect from November 4, 2025 through June 30, 2028. Provisions are included
allowing the agreement to be extended, at the City’s sole discretion, for two additional one-year terms. Unit
rates for all tasks will increase by 3.5% annually for each additional year. The two- year extension option
was included in the RFP and the proposed agreement to encourage better hourly rates and unit costs, to
avoid the time-consuming selection process each year, and to maintain continuity in the overall program.
Approval of the proposed resolution authorizes the option to extend the Agreement for up to two years,
contingent upon satisfactory performance by the consultant and available funding.
Failure to comply with any aspect of the City’s NPDES Municipal Permit may expose the City to enforcement
action by the Regional Board or third-party lawsuits.
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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Sufficient funding to cover the cost of MS4 outfall, trash, and as-needed monitoring services is available in
the fiscal year 2025-26 Storm Drain Revenue NPDES Program operating budget (Fund 301) Supplies and
Services budget category. Approval of this action will not result in an additional impact to the Storm Drain
Fund or the General Fund.
ONGOING FISCAL IMPACT
The total annual not-to-exceed amount is $117,232 per fiscal year for fiscal year 2025-26 through FY 2027-
28. If the City elects to exercise either of the two optional one-year extensions, unit rates for all tasks will
increase by 3.5% annually. The costs associated with this program will continue to be incorporated into the
operating budgets of upcoming fiscal years within the Storm Drain Revenue (NPDES) Program (Fund 301).
ATTACHMENTS
1. Agreement with D-Max Engineering, Inc.
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Staff Contact: Marisa Soriano, Storm Water Program Manager
Eddie Flores, Assistant Director of Engineering/City Traffic Engineer
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Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND D-MAX ENGINEERING, INC. FOR
NATIONAL POLLUTANT DISCHARGE ELIMINATON
SYSTEM DRY WEATHER MS4 OUTFALL, TRASH, AND AS-
NEEDED MONITORING SERVICES
WHEREAS, the San Diego Regional Water Quality Control Board (RWQCB) adopted
Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 National
Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for
Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds
within the San Diego Region (Municipal Permit); and
WHEREAS, the Municipal Permit requires the City to perform dry weather MS4 outfall
and trash monitoring to identify non-storm water and illicit discharges within its jurisdiction
pursuant to Provision E.2.c, and to prioritize the dry weather MS4 discharges that will be
investigated and eliminated pursuant to Provision E.2.d; and
WHEREAS, due to the expertise and specialized equipment necessary to perform dry
weather MS4 outfall discharge monitoring services, it was necessary to retain an outside consultant
and request proposals from qualified engineering and environmental consulting firms; and
WHEREAS, in accordance with Chula Vista Municipal Code section 2.56.110, on August
22, 2025, the Department of Engineering and Capital Projects advertised a Request for Proposals
RFP) for consultant services to conduct MS4 Outfall and Trash Monitoring Services for Fiscal
Years 2025-26, 2026-27, and 2027-28; and
WHEREAS, one consultant submitted a proposal: D-Max Engineering, Inc. (D-Max); and
WHEREAS, after careful consideration of consultant qualifications and experience, staff
determined that D-Max was a qualified firm; and
WHEREAS, D-Max has extensive experience completing MS4 outfall monitoring
programs for various jurisdictions in the San Diego Region, has adequate resources to complete
the work, and is familiar with the City’s drainage system through prior service as the City’s Dry
Weather Monitoring Consultant. D-Max Engineering, Inc. has consistently provided storm water
services in an efficient and timely manner and supported the City in maintaining compliance with
Municipal Permit requirements; and
WHEREAS, the proposed agreement is for a period covering three (3) fiscal years, during
which D-Max will perform MS4 outfall, trash and as-needed monitoring services on an hourly
rate/unit cost basis for an amount not-to-exceed $117,232 annually for Fiscal Years 2025-26,
2026-27, and 2027-28; and
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Resolution No.
Page 2
WHEREAS, provisions of the agreement allow the City, at its sole discretion, to extend
the Agreement for up to two (2) additional one-year periods, with unit rates for all tasks increasing
by 3.5% annually for each additional year;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the City of Chula Vista Consultant Services Agreement with D-Max Engineering,
Inc. to Provide MS4 Outfall, Trash, and As-Needed Monitoring Services between the City and D-
Max Engineering, Inc., in the form presented, with such minor modifications as may be required
or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk, and authorizes and directs the Mayor to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the City Manager or Director of Finance/Treasurer to exercise the optional extensions,
allowing for up to two (2) additional one-year terms in accordance with the terms and conditions
of said agreement.
Presented by Approved as to form by
Matthew Little, PE Marco A. Verdugo
Deputy City Manager/ Director of Engineering City Attorney
and Capital Projects
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1 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
]CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH D-MAX ENGINEERING, INC.
TO PROVIDE MS4 OUTFALL, TRASH, AND AS-NEEDED MONITORING SERVICES
This Agreement is entered into effective as of November 4, 2025 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and D-MAX ENGINEERING, INC., A California
Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the San Diego Regional Water Quality Control Board (RWQCB) adopted in May 2013,
National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for
Discharges From The Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds Within the San
Diego Region Order No. R9-2013-0001, NPDES No. CAS0109266, as amended; and
WHEREAS, this order was issued pursuant to section 402 of the federal Clean Water Act (CWA) and
implementing regulations (Code of Federal Regulations [CFR] Title 40, Part 122 [40 CFR 122]) adopted by the
United States Environmental Protection Agency (USEPA), and chapter 5.5, division 7 of the California Water
Code (CWC) (commencing with section 13370); and
WHEREAS, CWA section 402(p)(3)(B), NPDES permits for storm water discharges from MS4s must
include requirements to effectively prohibit non-storm water discharges into MS4s, and require controls to reduce
the discharge of pollutants in storm water to the maximum extent practicable (MEP), and to requir e other
provisions as the San Diego Water Board determines are appropriate to control such pollutants; and
WHEREAS, in order to comply with Federal and State law, the City of Chula Vista is required to perform
dry weather MS4 outfall discharge monitoring (Provision D.2.b; RWQCB, 2013) to identify, prioritize, control
and monitor the non-storm water and illicit discharges within its jurisdictions; and
WHEREAS, dry weather MS4 outfall discharge monitoring includes but is not limited to field screening,
field monitoring, field sampling and laboratory analysis, and trash assessment monitoring at identified locations
throughout City; and
WHEREAS, in order to procure these services the City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.080 for contracts exceeding $100,000; received one (1) proposal; and
WHEREAS, due to the expertise and specialized equipment necessary to perform these services, City has
determined it is necessary to retain the services of Consultant in order to satisfy dry weather MS4 outfall discharge
monitoring requirements; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, 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 Addit ional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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Consultant Name: D-MAX ENGINEERING, 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
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers , or
any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
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obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. CONFLICTS OF INTEREST
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits
public agency officers from participating in any action related to a contract if such officer receives political
contributions totaling more than $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
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contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Consultant hereby waives any right to remove any action from San
Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
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6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: D-MAX ENGINEERING, 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.
ATTEST1
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attest ation
signature block.
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Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Marisa Soriano
1800 Maxwell Road, Chula Vista, CA 91911
(619)397-6134
msoriano@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:
D-MAX ENGINEERING, INC.
5440 Morehouse Drive, Suite 4500, San Diego, CA 92121
(858)352-6816
jquenzer@dmaxinc.com
For Legal Notice Copy to:
John Quenzer
5440 Morehouse Drive, Suite 4500, San Diego, CA 92121
(858)352-6816
jquenzer@dmaxinc.com
2. Required Services
A. General Description:
Consultant shall perform dry weather MS4 outfall field screening and monitoring, trash monitoring, sampling,
and laboratory analysis at various storm drain outfalls throughout the City. Consultant shall perform upstream
source identification investigations, sampling, laboratory analysis, and as-needed monitoring as authorized by
the City to identify pollutant sources or support watershed requirements. Consultant shall prepare and submit
to City a comprehensive report including field observations, field and laboratory test results, upstream
investigations and source identifications, trash data analysis, and recommendations.
B. Detailed Description:
(1) Provide all personnel, equipment, and materials necessary to perform the dry weather MS4 Outfall and
Trash Monitoring Services outlined below in compliance with the requirements of the National Pollutant
Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for Discharges from
the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego
Region (Regional Water Quality Control Board (RWQCB) Order No. R9-2013-0001, as amended and
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any reissuance thereafter) and regulations promulgated by the United States Environmental Protection
Agency.
(2) Consultant shall, maintain, confirm, and update City’s inventory and map of known Major MS4 Outfalls
that discharge directly to receiving waters within its jurisdiction as shown in Table 5. The identified
Major MS4 Outfalls have been geo-located on respective Geographic Information System (GIS)
jurisdictional map of the San Diego Bay WMA as required by Provision D.2.a.(1) of the MS4 Permit.
The jurisdictional MS4 maps contain at a minimum the following items:
o Segments of the MS4 owned, operated, and maintained by the City
o Known locations of inlets that discharge and/or collect runoff into the City’s MS4
o Known locations of connections with other MS4s not owned or operated by the City
o Known locations of MS4 outfalls and private outfalls that discharge runoff collected from areas
within the City’s jurisdiction
o Segments of receiving waters within the City’s jurisdiction that receive and convey runoff
discharged from the City’s MS4 outfalls
o Locations of the MS4 outfalls within City’s jurisdiction:
Latitude and longitude of MS4 outfall point of discharge
Watershed Management Area
Hydrologic subarea
Outlet size
Accessibility (i.e. safety and without disturbance of critical habitat)
Approximate drainage area
Classification of whether the MS4 outfall is known to have persistent non-storm water flows,
transient non-storm water flows, no non-storm water flows, or unknown non-storm water flows
o Locations of the selected non-storm water persistent flow MS4 outfall discharge monitoring
stations within City’s jurisdiction.
(3) Perform annual field screening monitoring at all identified Major MS4 Outfall locations in Table 5 that
discharge to receiving waters within the City of Chula Vista as required by Provision D.2.a(2) of the
MS4 Permit. Consultant must record all data per the attached MS4 Outfall Visual Observations Field
Data Sheet (Form 1) at each MS4 outfall discharge monitoring station, consistent with Table D-5 in
Provision D.2. Consultant shall follow the dry weather MS4 Outfall Monitoring Program procedures in
the San Diego Bay WQIP, Appendix K, Attachment A2.
o Investigate and seek to identify the source(s) of discharges of non-stormwater where flows are
observed in and from the MS4 during the field screening required pursuant to Provision D.2.b.(1).
(4) Conduct semi-annual field observations at each of the highest priority Major MS4 Outfalls with non-
storm water persistent flows monitoring sites in Table 6 in accordance with MS4 Permit Provision
D.2.b.(2)(b). Consultant shall record all data per the attached MS4 Outfall Visual Observations Field
Data (Form 1) for Non-Storm Water Persistent Flow MS4 Outfall Discharges and perform flow
monitoring as described in San Diego Bay WQIP, Appendix K, Attachment A of Attachment A2.
o Outfall Prioritization: Consultant shall identify five highest priority Major MS4 Outfalls with non-
storm water persistent flows that will be monitored within the City jurisdiction.
o The consultant may substitute a next-highest priority major outfall for a selected major outfall if
one of the following criteria becomes applicable, until no qualifying Major MS4 Outfalls remain
within the City’s jurisdiction:
The non-storm water discharges have been effectively eliminated (i.e., no flowing, pooled,
or ponded water) for three consecutive non-storm water monitoring events.
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The source of the persistent flows has been identified as a category of non-storm water
discharges that does not require an NPDES permit and does not have to be addressed as an
illicit discharge because it was not identified as a source of pollutants.
The constituents in the persistent flow non-storm water discharge do not exceed Non-storm
Water Action Levels (NALs) defined in Table C-4 of Provision C.1.a.
The source of the persistent flows has been identified as a non-storm water discharge
authorized by a separate NPDES permit.
(5) Perform semi-annual field monitoring and collect in-situ measurements during the monitoring events at
each of the selected highest priority Major MS4 Outfalls with non-storm water persistent flows
monitoring sites (Table 6). Field monitoring will be documented on a field observation form, as
modified from the MS4 Outfall Visual Observations Field Data Sheet. Per Table D-2 of Provision D.1,
field monitoring parameters include:
o pH
o Temperature
o Specific conductivity
o Dissolved oxygen
o Turbidity
(6) Conduct analytical monitoring semi-annually during the monitoring events at each of the selected
highest priority Major MS4 Outfalls with non-storm water persistent flows monitoring sites (Table 6) in
accordance with MS4 Permit Provision D.2.b.(2)(e), provided sufficient measurable flow or ponded
water is present. Grab samples will be collected according to the of the MS4 Outfall Monitoring
Program sampling procedures in the San Diego Bay WQIP, Appendix K, Attachment A2. Monitoring
will follow Surface Water Ambient Monitoring Program (SWAMP) protocols, including quality
assurance and quality control procedures.
o Perform laboratory analysis on the collected samples from each of the selected highest priority
Major MS4 Outfalls monitoring sites for analytical monitoring as detailed per San Diego Bay
WQIP, Appendix K, Attachment A2. San Diego Bay WQIP Appendix K, Attachment A5 details
the analytes required for MS4 outfall for persistent flow monitoring including analytical methods
and detection limits. Analytes that are field-measured are not required to be analyzed by a
laboratory. Chemical and bacterial analysis of samples will be performed by a laboratory certified
for the appropriate fields of testing by the California Environmental Laboratory Accreditation
Program (ELAP). The laboratory should also be a participant of the Stormwater Monitoring
Coalition’s Inter calibration Program. Quality assurance and quality control procedures for
laboratory analysis are outlined per San Diego Bay WQIP, Appendix K, Attachment C of
Attachment A2.
o At locations where pollutant concentrations exceed Non-storm Water Action Levels (NAL’s)
established in Provision C.1 of the Regional MS4 Permit and after authorization by the City,
upstream investigations shall be conducted to identify the source of the discharge.
(7) Perform Physical Aesthetics Monitoring (Trash Assessment) at six (6) paired receiving water sites and
Major MS4 Outfall monitoring locations identified in Table 7 using attached Trash Assessment Form
(Form 2) as outlined by the San Diego Bay Water Quality Improvement Plan Appendix K, Attachment
A3. Monitoring approach, frequency and timing are summarized below:
o Wet Weather Monitoring, Wet Season
Annually inspect after wet weather event during wet season. Sample within 72 hours of a
storm.
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Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites.
Assess major outfall MS4 site when assessing receiving water.
o Dry Weather Monitoring, Dry Season
Annual inspection during dry weather season (May 1 – September 30)
Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites.
Assess major outfall MS4 site when assessing receiving water.
o Dry Weather Monitoring, Wet Season
Annual inspection during dry periods of the wet season (October 1 – April 30), 72 hours
or more after storm event
Perform MS4 inspections at all locations
Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites.
Assess major outfall MS4 site when assessing receiving water.
(8) Conduct Physical Aesthetics Monitoring (Trash Assessment) at MS4 Outfall monitoring sites within the
focused priority areas identified in Table 8 using attached Trash Assessment Form (Form 2) as detailed
in the San Diego Bay Water Quality Improvement Plan Appendix K, Attachment A3.
(9) Confined space entry is generally not required at the locations identified in Tables 5, 6, 7 and 8.
However, two-person crews may be required to ensure the safety of the field personnel. If additional
upstream testing is necessary, confined space entry may be required. The Consultant will be required
to provide all safety equipment, materials, and tools necessary to accomplish the field screening and
sampling.
(10) Perform source identification per MS4 Permit section E.2.d.(2)(c). Notify the City of any discharge,
which may endanger the public health or safety and/or the environment immediately and in writing
within 24 hours of the time the Consultant becomes aware of said discharge.
(11) Perform additional sampling and chemical analysis, as authorized by the City, as may be necessary to
identify pollutant and/or non-storm water discharge sources.
(12) Perform all sampling, handling, and testing of laboratory samples in accordance with 40 Code of Federal
Regulations (CFR) Part 136. Consultant’s laboratory shall be certified to perform such analysis by the
California Department of Health Services.
(13) Provide the City with MS4 Outfall and Trash Monitoring Assessment report in a format acceptable to
the RWQCB, as required in the NPDES Municipal Permit, Order No. R9-2013-0001 as amended and
updated, and as required for inclusion in regional databases. Reports include but are not limited to:
o Known and suspected controllable sources (e.g., facilities, areas, land uses, pollutant generating
activities) of transient and persistent flows;
o Sources of transient and persistent flows that have been reduced or eliminated;
o Necessary modifications to monitoring locations and inspection frequencies necessary to identify
and eliminate sources of persistent flows;
o Ranked persistently flowing outfalls according to potential threat to receiving water quality and
provide updated prioritized list of outfalls;
o Known and suspected sources that may cause or contribute to NAL exceedances;
o Analyze data collected as part of the MS4 Permit-required dry weather outfall monitoring;
o Identify and evaluate progress in achieving non-storm water volume and load reductions;
o Estimated annual non-storm water volumes and loads discharged from the City’s Major MS4
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Outfalls to receiving waters, with an estimate of the percent contribution from each known source
for each MS4 outfall.
o Analysis of trash data collected as part of Physical Aesthetics Monitoring, including types of trash
and potential source(s);
o Datasharing spreadsheet in CEDEN format as established by the San Diego Bay Watershed
Copermittee group.
(14) Provide the City of Chula Vista with all original data, reports, records, etc., of dry weather MS4 Outfall
Discharge and Trash Monitoring Services, as well as certified copies of all calibration, quality assurance,
and maintenance records. Further, the consultant shall maintain copies of all records related to dry
weather MS4 Outfall Discharge and Trash Monitoring Services performed under the contract for a
minimum of five years from the date of sampling, measurement, report, etc. This period may be
extended due to possible unresolved litigation regarding a discharge or when requested by the City of
Chula Vista or the Executive Officer of the Regional Water Quality Control Board. All reports shall be
in a format acceptable to the Regional Water Quality Control Board and compatible with the San Diego
Copermittees’ Regional Monitoring reporting standards and the San Diego Bay WQIP Monitoring and
Assessment Plan.
Deliverable Description Task Completion Date
1
Dry weather MS4
outfall and trash
monitoring services
Complete field screening, visual
observations, field monitoring,
laboratory analysis, and trash
assessment at all outfall locations
identified in Tables 5,6,7, and 8.
Provide City with all original
data, photos, reports, records etc.;
certified copies of all laboratory
reports.
Monitoring should
occur between October
1 and June 30 of the
following year
Data shall be provided
by July 25 of each year
2 Source identification
upstream investigations
Provide City with written reports
of field screening, analytical
monitoring, and source
identification upstream
investigations performed in
conjunction with Deliverable 1
activities to identify the upstream
sources of pollutant detected or
observed during field screening.
In conjunction with
Deliverable 4
3 As-needed monitoring
If requested and authorized by
City, conduct additional field
screening, monitoring, and
analysis on an on-call, as-needed
retainer basis throughout the term
of the Agreement.
Provide City with data
within 10 working days
of the completion of
said work.
Provide reports in
conjunction with
Deliverable 4
4 MS4 Outfall and Trash
Monitoring Report
Provide City with electronic
draft(s), one hard copy of final
report with map, and
downloadable electronic copy
Within 30 working days
of completion of field
screening
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November
4, 2025 and end on June 30, 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:
TABLE 1 – Compensation
1.1 Monitoring, Routine Sampling, and Reporting Costs NOT-TO-EXCEED $62,672
1.2 PAHs, PCBs, and Mercury Sampling Costs1 NOT-TO-EXCEED $4,560
2
2
1 This task breaks down the cost for 12 analyses of PAHs, PCBs, and mercury (10 routine samples, 1 blank, and 1 duplicate).
Although these analytes are not yet formally included in the WQIP monitoring plan posted on Project Clean Water, the San Dieg o
Bay WQIP group has discussed individual jurisdictions potentially running these tests as a conservative approach in response to
recent Regional Board comments. This decision is up to each jurisdiction; some agencies are planning to run the extra tests, and
others are not. If the City of Chula Vista ultimately decides not to include these analytes, this cost will not be charged to the City
as part of routine monitoring. Subtasks 1.1 and 1.2 are included in Table 4 to show how much of the Task 1 cost is from these
additional tests. Subtask1.1 is all scoped work for Task 1 except for the additional analytes, and Subtask 1.2 is the cost of the
additional analytes only.
2 Estimated cost; may be adjusted at the City’s discretion.
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of $67,232 for completion of
Deliverables 1 and 4, the Consultant agrees that Consultant will perform the Defined Services herein required of
the Consultant to complete those deliverables, listed in Exhibit A, Tables 5, 6, 7, and 8 including materials and
other “reimbursables.” Consultant agrees to perform the Defined Services herein required for Deliverables 2 and
3, which are undefined as to the quantity or number and within the sole discretion of City to initiate, up to the
limits of compensation shown in the following schedule. When funds authorized for Deliverables 2 and 3 are
exhausted, Consultant and City shall renegotiate the funding for Deliverables 2 and 3 before Consultant proceeds
with further work.
Subject to stipulations of Exhibit A, Paragraph 5, unit rates for Fiscal Years 2029 and 2030 will increase by 3.5%
annually. Accordingly, the Not-to Exceed Limitation on Time and Materials for Deliverables 1 and 4 will be
increased to $69,585 and $72,020 for the fourth and fifth years respectively, if the City exercises its option to
extend the agreement in each of these years. Also, the budget for Deliverables 2 and 3 will be estimated annually.
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Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 2 – Personnel Rate Fee Schedule
Category of Employee of Consultant* Hourly Rate ($)
Principal $198
Project Manager** $175
Senior Engineer/ Scientist $165
Project Engineer/ Scientist $155
Assistant Project Scientist/ Engineer $145
Staff Scientist/ Engineer II $121
Staff Scientist/ Engineer $109
2-Person Field Crew $230
3-Person Field Crew (For Confined Space Entry Only) $380***
Field Technician $110
Drafter/ CAD Operator $95
Word Processor $90
* Rates include all categories listed in the RFP plus other D-Max categories that may assist in
as-needed tasks. The main categories expected to perform work on this project are 2 -Person
Field Crew, Staff Scientist/Engineer, Staff Scientist/Engineer II, Assistant Project
Scientist/Engineer, and Project Manager. We assume the project will not involve prevailing
wage work.
** Appearance as expert witness at court trials, mediation, arbitration hearings, and depositions
will be charge at $300/hour. Time spent for such appearances will be charged at the above
standard hourly rates.
*** Confined space entry vehicle/equipment charge listed in Table 2 also applies when
confined space entry work is performed.
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 3),
the above rates will increase by 3.5% per year for the fourth and fifth years.
TABLE 2.A – NV5 Personnel Rate Fee Schedule
Category of Employee of Consultant Hourly Rate ($)
Senior Principal $245
Principal $235
Senior III $225
Senior II $215
Senior I $210
Staff III $180
Staff II $170
Staff I $160
Associate III $150
Associate II $140
Associate I $130
Specialist III $120
Specialist II $110
Specialist I $100
Financial Analyst II $105
Financial Analyst I $90
Administrative I $80
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Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 2.B – Dudek Personnel Rate Fee Schedule
Category of Employee of Consultant Hourly Rate ($)
3D Production Manager $230
Analyst I $110
Analyst II $130
Analyst III $140
Analyst IV $150
Analyst V $160
CADD Drafter $180
CADD Operator I $160
CADD Operator II $205
Collection Maintenance Worker $90
Collection System Manager $155
Construction Inspector $155
Construction Manager $195
District General Manager $235
District Secretary/ Accountant $155
Engineering Assistant $130
GIS Analyst III $195
GIS Analyst IV $210
Grade I Operator $95
Grade II Operator $100
Grade III Operator $120
Grade V Operator $145
HazMat Field Technician $140
Hydrogeologist/ Engineering Assistant $155
Prevailing Wage Inspector $165
Principal Engineer I $300
Principal Engineer II $310
Principal Engineer III $330
Principal Hydrogeologist/ Engineer I $310
Principal Hydrogeologist/ Engineer II $320
Principal Hydrogeologist/ Engineer III $330
Principal Manager $225
Program Manager $285
Project Coordinator II $165
Project Director Engineering $355
Project Director/ Environmental $310
Project Director Hydrogeology $355
Project Engineer I/Technician I $200
Project Engineer II/ Technician II $220
Project Engineer III/ Technician III $230
Project Engineer IV/ Technician IV $240
Project Hydrogeologist/ Engineer I $195
Project Hydrogeologist/ Engineer II $205
Project Hydrogeologist/ Engineer III $215
Project Hydrogeologist/ Engineer IV $225
Project Hydrogeologist/ Engineer V $235
Project Manager/Construction Management $180
Project Manager/ Engineering $275
Senior Designer I $210
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Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Senior Designer II $220
Senior Engineer I $250
Senior Engineer II $260
Senior Engineer III $270
Senior Project Director Environmental $365
Senior Project Manager/ Engineering $285
Senior Specialist I $230
Senior Specialist II $245
Senior Specialist III $260
Senior Specialist IV $275
Senior Specialist V $285
Specialist I $170
Specialist II $180
Specialist III $195
Specialist IV $205
Specialist V $220
Sr. Hydrogeologist I/ Engineer I $245
Sr. Hydrogeologist II/ Engineer II $255
Sr. Hydrogeologist III/ Engineer III $265
Sr. Hydrogeologist IV/ Engineer IV $275
Sr. Hydrogeologist V/ Engineer V $285
Survey Crew Chief $205
Survey Lead $310
Survey Manager $270
Technician I $75
Technician II $85
Technician III $95
Technician IV $105
UAS Pilot $170
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Table 3 – Field Screening Rate Fee Schedule
Item Unit Cost ($)*
Vehicle, Per Day (includes mileage) $98
Safety Equipment, Per Day No Charge**
Confined Space Entry Safety Equipment, Per Day $570***
pH, Per Test No Charge
Temperature, Per Test No Charge
Specific Conductivity, Per Test No Charge
Dissolved Oxygen, per Test No Charge
Turbidity, Per Test No Charge
* Field screening test shall be performed according to Attachment B of Attachment A2 to Exhibit K to the
San Diego Bay WQIP
**Standard safety equipment is included in the daily vehicle charge and the hourly rates listed in Table 1.
***Confined space entry includes associated vehicle use and safety equipment (tripod, harness, multirae gas
meter).
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 3), above rates
will increase by 3.5% per year for the fourth and fifth years.
Page 75 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
20 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 4 – Laboratory Analysis Rate Fee Schedule
TEST Unit Cost Per Test ($)*
Total Dissolved Solids $30
TSS $30
Turbidity No Charge1
Total Hardness $40
MBAS $50
Color $20
Nutrients, Ammonia $35
Nutrients, Ortho-P $35
Nutrients, Nitrate2 No Charge3
Nutrients, Nitrite2 No Charge3
Nutrients, TKN No Charge3
Nutrients, Total N $110
Nutrients, Total P $10.50
Metals, Cadmium (Total & dissolved) $21
Metals, Chromium (Dissolved & Total) No Charge4
Metals, Chromium III (Total & dissolved) $80
Metals, Chromium VI (Total & dissolved) No Charge4
Metals, Copper (Total & dissolved) $21
Metals, Iron (Total & dissolved) $21
Metals, Lead (Total & dissolved) $21
Metals, Manganese (Total & dissolved) $21
Metals, Nickel (Total & dissolved) $21
Metals, Selenium (Total & dissolved) $21
Metals, Silver (Total & dissolved) $21
Metals, Zinc (Total & dissolved) $21
Metals Prep Fee5 $30
Total Coliform Bacteria No Charge8
Enterococcus Bacteria $54.827
Fecal Coliform Bacteria6 $61.877
Chlorpyrifos (OP Pesticide) $250
Synthetic Pyrethroids $250
Dissolved Organic Carbon $55
Total Organic Carbon $65
Polycyclic Aromatic Hydrocarbons (PAHs) $150
Polychlorinated Biphenyls (PCBs) $170
Metals, Mercury (Dissolved & total) $60
CEDEN format fee $409
* Laboratory tests shall be performed according to the procedures described in Attachment B of
Attachment A2 to Exhibit K to the San Diego Bay WQIP, and will follow Surface Water Ambient
Monitoring Program (SWAMP) protocols. If additional tests not included in the above table are requested
or later required (e.g. after Permit reissuance) the cost of analyses will be passed along without markup.
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 2), above rates
will increase by 3.5% per year for the fourth and fifth years.
1Turbidity is completed as a field test, which will not incur a charge as described in Table 2. In the
unlikely event that a laboratory test is required, we will charge the test at cost.
2Will be reported as a combined nitrate + nitrite test, as allowed by the Regional MS4 Permit.
3Results for these tests are provided when a total nitrogen test is run. Therefore, no separate costs for
these tests will be assessed when a total nitrogen test is run. If the individual tests are needed, e.g., as part
of a special study, they will be charged at cost.
Page 76 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
21 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
4Chromium and chromium IV are included in the cost of the Chromium III test. If individual chromium
or chromium IV are requested without running a chromium III test, which is not anticipated, the cost of
the analyses will be charged at cost.
5When analyzing metals, the lab charges one metals filtration and digestion fee for each sample that
includes at least one metals test. When more than one metals test is run on a sample, there is only one
metals prep fee for that sample.
6Fecal coliforms will be substituted for E. coli, as allowed in Table D-7 of the MS4 permit, and which
better aligns with current Basin Plan Water Quality Objectives for recreational use. If a standalone fecal
coliform test is required to be run, e.g., as part of a special study, it will be charged at cost.
7This price includes the costs of two dilutions. Dilutions are used to achieve the desired quantification
ranges.
8Total coliform and E. coli (as noted above, E. coli will be tested in place of fecal coliform) are run as a
combined test, so the cost for total coliform is included as part of the E. coli test. The price of the test is
the same whether results are provided for E. coli and total coliform, E. coli only, or total coliform only.
9This fee is assessed per lab report, not per test. For example, if samples from three sites are submitted
to the lab on one day, one CEDEN fee is assessed for the report that presents the results from all tests for
those three sites.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2028 shall not exceed $117,232 per Fiscal Year.
5. Special Provisions:
☒ Permitted Sub-Consultants:
1. Weck Laboratories, Inc.
2. San Diego County Water Quality Laboratory
3. Physis Environmental Laboratories, Inc.
4. Alpha Analytical Laboratories, Inc.
5. AP Genomic Labs
6. NV5
7. Dudek
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional one-year terms or Fiscal Years 2029 and 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 3.5 Percent for each extension. The City shall
give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of
Option to Extend document.
☒ Other: Delivery and Acceptance of Reports to the satisfaction of the Assistant Director of Engineering
Page 77 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
22 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, 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 78 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
23 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.4
☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore
EXCLUDED5 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 fili ng
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.
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
Chula Vista Municipal Code §§2.02.010-2.02.040.
Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decis ion; “individual” does not include
corporation or limited liability company).
Page 79 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
24 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Completed by: Marisa Soriano
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer6 (“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.
6 “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 80 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Major MS4 Outfall Monitoring Inventory
1
City of Chula Vista Drainage Basin Abbreviations
B Bonita Basin
C Central Basin
GA Glen Abbey Basin
J Judson Basin
LC Long Canyon Basin
MGC Municipal Golf Course Basin
OLR Otay Lakes Road Basin
ORC Otay River Central Basin
ORE Otay River East Basin
ORS Otay River South Basin
ORW Otay River West
PC Poggi Canyon Basin
PR Palm Road Basin
RC Rice Canyon Basin
RH Rolling Hills Basin
SC Salt Creek Basin
SR Sweetwater River Basin
SS Sunnyside Basin
SV Sunny Vista Basin
SW Southwest Basin
TC Telegraph Canyon Basin
WC Wolf Canyon Basin
Page 81 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Major MS4 Outfall Monitoring Inventory
2
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
1 B-1 - 909.12
In canyon north of N.
Rancho Del Rey Pkwy.,
opposite of Huerto Pl.
32.64753 -117.0314 Outfall 42 Persistent
2 C-1 - 909.12
West side of Bay Blvd.,
south of J St., south side
of channel under road,
access from gate east
side of Bay Blvd.
32.62116 -117.09449 Outfall 48 Persistent
3 C-2 - 909.12 of J St., south side of 32.62140 -117.09393 Outfall (2x) 72 Transient
4 C-3-1 - 909.12
intersection between J
St. and the trolley tracks,
along the east side of the
32.62360 -117.09289 Outfall 48 Transient
5 C-6 - 909.12
Southeast corner of
intersection of H St. and
trolley tracks, in channel.
32.62918 -117.09507 Outfall 54 Dry/No-Flow
6 C-9 - 909.12
West of Broadway,
opposite Vance St.,
behind 430 Broadway,
south side of channel.
32.63331 -117.09102 Outfall 36 Dry/No-Flow
7 C-10 - 909.12
Catch basin in Centre
Towers Apartments (442
F St.), southeast of pool,
next to wall.
32.63879 -117.08536 Outfall 48 Transient
8 C-10-1 C-10 909.12 Southwest corner of 438
F St. building. 32.63881 -117.08538 Other 48 Transient
Page 82 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
3
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
9 C-13 - 909.12
East side of Memorial
Park, west of 3rd Ave.,
north of Park Wy.,
southernmost outfall.
32.63869 -117.07956 Outfall 45 Transient
10 C-14-0 - 909.12
South end of alley south
of Medrona St, west of
Del Mar Ave.
32.63852 -117.07752 Concrete
Channel 48 Transient
11 C-22 - 909.12 northeast side of 32.63633 -117.06676 Outfall 36 Persistent
12 C-23 - 909.12
Catch basin at southwest
corner of Woodlawn Ave.
& H St. intersection, next
to Arco driveway.
32.62953 -117.09403 Catch Basin 78 Transient
13 C-23-1 C-23 909.12 northwest corner of the
parking lot for 535 32.62959 -117.09388 Other 48 Transient
14 C-24-0 - 909.12 Outlet to channel at the
west end of I Street. 32.62592 -117.09377 Outfall 36 Dry/No-Flow
15 C-25 - 909.12
manhole south of 405
Broadway, in alley
entrance, line from north
32.63400 -117.09060 Manhole 36 Dry/No-Flow
16 C-27 - 909.12
South side of G St. 200
feet west of G St. and 5th
Ave. intersection.
32.63529 -117.08737 Manhole 48 Transient
Page 83 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
4
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
17 C-29 - 909.12
Lagoon Dr., south side of
fence, south of concrete
structure with three
32.63483 -117.10219 Outfall 24 Transient
18 C-29-2 C-29 909.12
Lagoon Dr.
approximately 100yrds
west of UTC Aerospace
32.63494 -117.10225 Manhole 24 Dry/No-Flow
19 C-29-3 C-29 909.12
sidewalk along Lagoon
Dr. at the west point
where the sidewalk
32.63487 -117.10237 Manhole 24 Transient
20 C-30 - 909.12 West side of channel.
Across from West 32.62428 -117.09459 Outfall 18 Dry/No-Flow
21 C-30-1 C-30 909.12
Manhole near sidewalk
along Bay Blvd., access
from 630 Marina Blvd.
32.62433 -117.09478 Manhole 18 Dry/No-Flow
22 GA-1 - 909.12 Behind 585 Parkside Dr.,
in canyon. 32.64727 -117.04263 Outfall 36 Persistent
23 GA-1-1 GA-1 909.12 End of cul de sac on
Parkside Dr. 32.64738 -117.04198 Manhole 36 Persistent
24 J-1 - 910.2
South of Main St., east of
3461 Main St., in
vegetated area.
32.59239 -117.05917 Outfall 36 Dry/No-Flow
Page 84 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
5
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
25 J-2 - 910.2
intersection of Main St.
and Fresno, inside 60"
DBC, east side of
32.59487 -117.06681 Outfall 36 Dry/No-Flow
26 J-3 - 910.2
west of 3rd Ave., in
channel south of Orange
Glen Apts., access from
32.60097 -117.06590 Outfall (2x) 42 Transient
27 J-6 - 910.2
East end of channel,
southeast corner of
Orange Ave. and 3rd Ave.
intersection, under the
bridge.
32.60168 -117.06412 Outfall 36 Dry/No-Flow
28 J-7 - 910.2
West of 2nd Ave., south
of Palomar St., in Park
Palomar Apts, northeast
end of channel, access
from Quintara St.
32.60622 -117.06266 Outfall 48 Transient
29 J-9 - 910.2 West side of 133
Greenhaven. 32.60977 -117.06035 Outfall 36 DBC Dry/No-Flow
30 J-16 - 910.2
Along channels north of
1091 Hilltop Dr. 800 ft
east from gate.
32.61845 -117.05426 Outfall 39 Transient
31 J-19 J-6 910.2
South side of Orange
Ave., across from 272
Orange Ave.
32.60159 -117.06313 Manhole 36 Dry/No-Flow
32 J-20 J-9 910.2 Greenhaven, in front of
127 Greenhaven in 32.60995 -117.06001 Manhole (2x) 36 Dry/No-Flow
Page 85 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
6
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
33 J-22 - 910.2
In channel at Quintard
St. Pipe coming into line
from the East.
32.60404 -117.06274 Outfall 42 Dry/No-Flow
34 J-23 - 910.2
Behind 1091 Hilltop Dr.,
conveyance from north
about 15 feet in receiving
water pipe.
32.61785 -117.05669 Outfall 36 Dry/No-Flow
35 J-24 - 910.2
intersection of Main St.
and Fresno, inside 60"
DBC, west side of
32.59487 -117.06691 Outfall 18 Dry/No-Flow
36 J-25 - 910.2
In channel west of 3121
Main St., on east side of
channel.
32.59317 -117.06678 Outfall 18 Dry/No-Flow
37 J-26 - 910.2
In channel west of 3121
Main St., on west side of
channel.
32.59313 -117.06679 Outfall 24 Dry/No-Flow
38 J-27 - 910.2 South of Third Ave. and
Beyer Way intersection 32.59263 -117.06405 Outfall 30 Transient
39 J-27-1 J-27 910.2 northwest corner of the
Bayer Way and 4th Ave. 32.59299 -117.06390 Manhole 30 Transient
40 J-28-0 - 910.2
Approximately 100ft
south of the south
terminus of Reed Court.
32.59142 -117.05584 Earthen
Channel 36 Dry/No-Flow
41 LC-1 - 909.12
East side of Canyon Dr.,
about 350 ft. south of
Country Vista.
32.65510 -117.00528 Outfall 48 Persistent
Page 86 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
7
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
42 LC-2 - 909.12 Country Vistas Ln., in the 32.65560 -117.00418 Outfall 48 Persistent
43 LC-3 - 909.12 In canyon near west end
of Trailridge Dr. 32.65373 -116.99792 Outfall 42 Persistent
44 LC-4 - 909.12
In canyon west of Corral
Canyon Rd., 600 ft. north
of E. H St.; outlet from
southeast only.
32.64968 -116.98914 Outfall 36 Persistent
45 LC-5 - 909.12
In canyon east of Corral
Canyon Rd., 640 ft. north
of E. H St.
32.65024 -116.98816 Outfall 36 Persistent
46 LC-6 - 909.12
West of E. H St., east of
Corral Canyon Rd., at
base of slope.
32.65015 -116.98683 Outfall 54 Persistent
47 MGC-1 - 909.12
West of Chula Vista
Municipal Golf Course, at
southwest corner of
Willow Street Bridge.
32.65885 -117.04227 Outfall 120x180 Dry/No-Flow
48 OLR-1 - 909.12
North of Bonita Rd.,
opposite Otay Lakes Rd.,
east outfall.
32.66148 -117.03146 Outfall 36 Transient
49 OLR-3 - 909.12
North of Allen School Ln.,
just east of intersection
with Surry Dr.
32.65739 -117.03153 Outfall 36 Dry/No-Flow
50 OLR-5 - 909.12
Otay Lakes Rd. and
Avenida Del Rey
intersection, south
32.65174 -117.01492 Outfall 36 Persistent
Page 87 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
8
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
51 OLR-6 - 909.12 Manhole adjacent to
1035 Surrey Dr 32.65418 -117.02480 Manhole 36 Transient
52 ORS-1 - 910.2
About 30 ft. from survey
marker in canyon, north
of amphitheater service
road and green sewer
manhole cover.
32.59094 -117.00888 Outfall 60 Transient
53 ORS-2 - 910.2 500 ft. north of
Entertainment Circle, in 32.59082 -117.00657 Outfall 84 Transient
54 ORS-3 ORS-2 910.2
north of Entertainment
Circle, north end of
gravel parking lot, yellow
32.59065 -117.00649 Manhole 84 Transient
55 ORW-1 - 910.2 southwest corner of
Shadow Pines condos, in 32.59125 -117.03790 Outfall 36 Dry/No-Flow
56 ORW-2-1 - 910.2 Grated inlet adjacent to
472 Tanbark St. 32.59536 -117.03411 Other 36 Dry/No-Flow
57 ORW-3 - 910.2 South of Main St., behind
Toyota dealership. 32.593735 -117.02709 Outfall 48, (2x) 30 Persistent
58 ORW-4 - 910.2
South of Main St., east of
Nirvana Ave., furthest
west outfall.
32.59297 -117.01717 Outfall 48 Transient
59 ORW-5 - 910.2
South of Main St., east of
Nirvana Ave., about 200
ft. east of intersection
(western 42" outfall).
32.59297 -117.01703 Outfall 42 Dry/No-Flow
Page 88 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
9
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
60 ORW-6 - 910.2
South of Main St., east of
Nirvana Ave., about 200
ft. east of intersection
(furthest east outlet).
32.59288 -117.01702 Outfall 42 Dry/No-Flow
61 ORW-7 - 910.2
East of Nirvana Ave.,
south of Main St., behind
fence line.
32.59329 -117.01415 Outfall (2x) 54 Persistent
62 ORW-9 - 910.2
South of 850 Energy Wy.,
side of Main St., behind
fence line.
32.59356 -117.01137 Outfall (3x) 42 Dry/No-Flow
63 ORW-11 - 910.2
Southeast corner of
shopping center parking
lot (1870 Main Court).
32.59242 -117.03230 Earthen
Channel 120 x 240 Dry/No-Flow
64 ORW-13 - 910.2 south of Main St., east of
access gate near 30 mph 32.59297 -117.007353 Outfall 36 Persistent
65 ORW-15 - 910.2
Main Street,
approximately 200ft
west of the intersection
between Main Street and
32.59296 -117.00701 Manhole 84 Persistent
66 ORW-15-RW ORW-15 910.2 In receiving water, south
of ORW-15. 32.59207 -117.00700 Natural
Creek - Persistent
Page 89 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
10
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
67 PC-1 - 910.2
South of Main St., west
of Melrose Dr., west of
248C Rancho Dr., west
side of natural channel.
32.59154 -117.04199 Outfall 36 Persistent
68 PC-2 - 910.2
East of Maple Dr., north
of Main St., west side of
channel, behind 1671
Maple Dr.
32.59611 -117.04087 Outfall (2x) 42 Persistent
69 PC-5 - 910.2
West of Oleander Ave.,
behind 1544 Oleander
Ave., access from gate at
1518 Oleander Ave.
32.60272 -117.03424 Outfall 36 Transient
70 PC-7 - 910.2
about 20 ft. from
sidewalk, about 100 ft.
east of light post, north
32.60885 -117.02024 Outfall 48 Persistent
71 PC-8 - 910.2
South side of Olympic
Pkwy., 3400 ft. east of
Brandywine Ave.
32.60935 -117.01696 Outfall 36 Dry/No-Flow
72 PC-9 - 910.2
South side of Olympic
Pkwy., about 50 ft. south
from curb inlet.
32.60997 -117.01521 Outfall 48 Transient
73 PC-10 - 910.2
South of Olympic Pkwy.,
about 50 ft. from curb
inlet on Olympic Pkwy.
32.61159 -117.01120 Outfall 36 Persistent
74 PC-11 - 910.2 South of Olympic Pkwy.,
north side of creek. 32.61328 -117.00891 Outfall 36 Persistent
Page 90 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
11
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
75 PC-12 - 910.2
Pkwy., west of Heritage
Rd., about 50 feet from
curb inlet on south side
32.61541 -117.00564 Outfall 54 Persistent
76 PC-13 - 910.2
South side of Olympic
Pkwy., west of Heritage
Rd., north side of creek.
32.61644 -117.00265 Outfall 48 Persistent
77 PC-14 - 910.2
South of Olympic Pkwy.,
west of high school,
north side of creek.
32.61880 -116.99625 Outfall 36 Persistent
78 PC-16 - 910.2
West of Santa Victoria,
behind the Otay Ranch
High School sports fields,
inside of the canyon.
32.61806 -116.99055 Outfall 42 Persistent
79 PC-17 - 910.2
North of Olympic Pkwy.,
north side of creek, west
of foot bridge, just west
of Santa Venena St.
32.62305 -116.99036 Outfall 36 Persistent
80 PC-18 - 910.2
North of Olympic Pkwy.,
east of intersection with
Santa Venetia St., south
side of creek.
32.62334 -116.98975 Outfall 48 Persistent
81 PC-19 - 910.2
Northwest corner of the
Olympic Pkwy. and La
Media Rd. intersection,
southern outlet.
32.62513 -116.98663 Outfall 96 Persistent
Page 91 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
12
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
82 PC-20 - 910.2
Northwest corner of the
Olympic Pkwy. and La
Media Rd. intersection,
northern outlet.
32.62517 -116.98664 Outfall 84 Persistent
83 PC-21 - 910.2 about 50 ft. north of
Olympic Pkwy, under 32.6254 -116.98623 Outfall 42 Persistent
84 PC-22 - 910.2 north side of creek, at
south end of Coral View 32.62749 -116.98313 Outfall 42 Transient
85 PC-23 - 910.2
North of Olympic Pkwy.,
west of E. Palomar St.,
north side of creek.
32.62965 -116.97997 Outfall 42 Persistent
86 PC-24 - 910.2
North of Olympic Pkwy.,
west of E. Palomar St.,
south side of creek
(closest to culvert).
32.62960 -116.97992 Outfall 48 Persistent
87 PC-25 - 910.2
North of Olympic Pkwy.,
west of E. Palomar St.,
just west of Site PC-24.
32.62955 -116.97996 Outfall 60 Persistent
88 PC-28 - 910.2 west of 125 freeway
offramp, north side of 32.63265 -116.97353 Outfall (2x) 72 Persistent
89 PC-29 - 910.2
North of Olympic Pkwy.,
west of 125 freeway
offramp.
32.63259 -116.97320 Outfall 72 SBC Persistent
Page 92 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
13
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
90 PC-30 - 910.2
North of Olympic Pkwy.,
across from Otay Ranch
High School west parking
lot entrance, north side
of channel.
32.62142 -116.99342 Outfall 36 Transient
91 PC-33 - 910.2 Pkwy., west of 32.60801 -117.02846 Outfall 54 Transient
92 PC-33-1 PC-33 910.2
Manhole in street in
front of 689 Rivera St.,
west of Brandywine.
32.60865 -117.02869 Manhole 54 Transient
93 PC-34 - 910.2
South of Olympic Pkwy.,
about 50 ft. east of
Brandywine, north side
of creek.
32.60816 -117.02728 Outfall 48 Dry/No-Flow
94 PC-35 - 910.2
Outfall inside of receiving
water (large, corrugated
pipe), about 10 feet high,
north side of pipe.
32.59986 -117.03795 Manhole 36 Transient
95 PC-36 - 910.2 Pkwy., north side of
creek, south of Taber Dr. 32.61047 -117.01361 Outfall 36 Persistent
96 PC-37 - 910.2
South side of Olympic
Pkwy., west of Heritage
Rd., north side of creek.
32.61421 -117.00747 Outfall 36 Dry/No-Flow
97 PC-38 - 910.2
South side of Olympic
Pkwy., west of Heritage
Rd., approx. 400 feet
from intersection.
32.61629 -117.00344 Outfall 36 Persistent
Page 93 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
14
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
98 PR-5 - 910.2
West of Oleander Ave.,
220 feet south of E.
Palomar St. intersection.
32.61400 -117.03397 Outfall 72 Persistent
99 PR-6 - 910.2 Manhole in street in
front of 349 Spruce St. 32.61177 -117.03979 Manhole 54 Dry/No-Flow
100 PR-7 - 910.2
North side of Main St.,
east side of 3802 Main
St. parking lot, west side
of channel.
32.59491 -117.04948 Outfall 30 Transient
101 PR-8 - 910.2
East of Loma Lane, north
of E. Orange Ave., west
side of channel.
32.60030 -117.04828 Outfall 36 Dry/No-Flow
102 RC-4 - 909.12
South of N. Rancho Del
Rey Pkwy., about 1200 ft.
down trail.
32.64555 -117.02592 Outfall 48 Transient
103 RC-4-3 RC-4 909.12
At the end of the
easement between 586
and 590 Paseo Burga.
32.64527 -117.02505 Manhole 42 Transient
104 RC-5 - 909.12
West of Rancho Del Rey
Pkwy., about 1600 ft.
from parking lot.
32.64418 -117.01748 Outfall 36 Persistent
105 RC-5-1 RC-5 909.12 of Rancho Del Rey Pkwy.,
about 1600 ft. from 32.644714 -117.01711 Manhole 36 Persistent
106 RC-9 - 909.12
South of Rancho Del Rey,
west of Del Rey, manhole
in middle of dirt trail.
32.64172 -117.03340 Manhole 48 Persistent
Page 94 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
15
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
107 RC-10 - 909.12
Intersection of S. Rancho
Del Rey Blvd. and Buena
Vista Wy.
32.64362 -117.01060 Outfall 42 Persistent
108 RC-10-1 RC-10 909.12
Southeast corner of S.
Rancho Del Rey Blvd. and
Buena Vista Wy., in
landscaping.
32.64345 -117.01053 Manhole 42 Persistent
109 RC-11 - 909.12 Rey Blvd., north bank of 32.64386 -117.01098 Outfall 36 Persistent
110 RC-11-1 RC-11 909.12 Del Rey Blvd., near
entrance to Discovery 32.64423 -117.0108 Manhole 36 Persistent
111 RC-12 - 909.12
portion of Discovery Park
parking lot, adjacent to
the baseball field
32.64351 -117.0068 Manhole 42 Transient
112 RH-1 - 910.32
Proctor Valley Rd. and
Agua Vista Dr.
intersection (smaller
32.66018 -116.94133 Outfall 48 Persistent
113 RH-2 - 910.32
Proctor Valley Rd. and
Agua Vista Dr.
intersection (larger
32.66018 -116.94133 Outfall 84 Persistent
114 RH-4 - 910.32
North of Babbling Brook
Rd., east of Coastal Hill
Dr., down access road.
32.66795 -116.94358 Outfall 42 Dry/No-Flow
Page 95 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
16
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
115 RH-5 - 910.32 Coastal Hills Dr., outlet 32.67219 -116.94279 Manhole 54 Persistent
116 SC-1 - 910.2 and Eastlake Pkwy.
intersection, at bottom 32.61257 -116.95938 Outfall 54 Persistent
117 SC-2 - 910.2
Hunte Pkwy. opposite
Exploration Falls Dr., at
bottom of slope.
32.61855 -116.95102 Outfall 96 Persistent
118 SC-3 - 910.2
Hunte Pkwy. opposite
Hidden Path Dr., in basin
at bottom of slope.
32.62371 -116.94631 Outfall 84 Persistent
119 SC-4 - 910.2 Vista Elite Athlete
Training Center, through 32.62394 -116.93936 Outfall 48 Transient
120 SC-4-1 SC-4 910.2
Inside in Chula Vista Elite
Athlete Training Center,
catch basin at east side
of access road.
32.62419 -116.93897 Catch Basin 48 Transient
121 SC-5 - 910.2
Athlete Training Center,
in canyon. Access from
foot trail off Olympic
32.626437 -116.940381 Outfall 36 Dry/No-Flow
122 SC-5-1 SC-5 910.2
Athlete Training Center,
catch basin on north side
of walking path, next to
32.62694 -116.94023 Catch basin 42 Dry/No-Flow
Page 96 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
17
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
123 SC-5-2 SC-5 910.2
Athlete Training Center,
catch basin on north side
of walking path in
32.62639 -116.93931 Catch basin 36 Dry/No-Flow
124 SC-6 - 910.2
South of Olympic Pkwy.,
east of Hunte Pkwy.,
west outlet to creek.
32.63303 -116.94462 Outfall 42 Persistent
125 SC-7 - 910.2
South of Olympic Pkwy.,
east of Hunte Pkwy.,
eastern outlet to creek.
32.63303 -116.94457 Outfall 48 Persistent
126 SC-8 - 910.2
across from Silver
Springs Dr., access from
gated road off of
32.63496 -116.94521 Outfall 72 Persistent
127 SC-9 - 910.2
West of Lost Creek Rd.
cul-de-sac, at base of
slope, west of trail.
32.63522 -116.94328 Outfall 78 Persistent
128 SC-10 - 910.2
West of Old Janal Ranch
Rd., across from 1389
Old Janal Ranch Rd., at
bottom of slope.
32.63765 -116.94415 Outfall 48 Persistent
129 SC-11 - 910.2
East of South Creekside
Dr., behind 1343 South
Creekside Dr.
32.63792 -116.94553 Outfall 60 Persistent
130 SC-12 - 910.2
Across from 1330 N.
Creekside Dr., east of
park near the pond.
32.63932 -116.94507 Outfall 42 Persistent
Page 97 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
18
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
131 SC-13 - 910.2 Rd., south of Rambling
Vista Rd., east of Salt 32.63916 -116.9443 Manhole 36 Persistent
132 SC-14 - 910.2
Rd., across from 1293
Old Janal Ranch Rd., west
of park, south of the
32.64132 -116.9452 Outfall 60 Persistent
133 SC-15 - 910.2
South of Otay Lakes Rd.,
northwest of 2710 Otay
Lakes Rd., at bottom of
slope.
32.64477 -116.94606 Outfall 36 Persistent
134 SC-16 - 910.2
North of Otay Lakes Rd.,
east of Hunte Pkwy.,
west of Woods Dr.
32.64565 -116.94712 Outfall 54 Persistent
135 SC-16-2 SC-16 910.2
between Otay Lakes Rd.
and sidewalk. Site is
~20ft east of where the
conveyance line notes
32.64552 -116.94734 Manhole 54 Persistent
136 SC-17 - 910.2
West of Hawthorne
Creek Dr. and Joshua
Creek Dr. intersection.
32.64815 -116.94727 Outfall 60 Persistent
137 SC-17-RW SC-17 910.2 32.64835 -116.94726 - Persistent
138 SC-18 - 910.2
East of Hunte Pkwy.,
south of Store Gate St.,
west side of creek.
32.65102 -116.94897 Outfall 42 Persistent
Page 98 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
19
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
139 SC-19 - 910.2 Stone Gate St. and
Hawthorne Creek Dr. 32.65199 -116.9489 Outfall 42 Persistent
140 SC-20 - 910.2 about 500 ft. south of 32.65497 -116.95126 Outfall 36 Dry/No-Flow
141 SC-21 - 910.2
Parkway, 150 feet South
of Yosemite Dr and 50
feet East of Hunte
32.65585 -116.95196 Outfall 36 Persistent
142 SC-22 - 910.2 about 500 ft. south of
River Rock Rd., east side 32.65745 -116.95239 Outfall 42 Persistent
143 SC-23 - 910.2
Valley Rd., about 300 ft.
east of Hunte Pkwy., next
to west end of concrete
32.66175 -116.95438 Outfall 36 Persistent
144 SC-24 - 910.2
South side of Duncan
Ranch Rd., east of Hunte
Pkwy., fenced area south
side of concrete ramp.
32.66502 -116.95508 Outfall 48 Persistent
145 SC-25 - 910.2
West side of walking
path 150 feet north of
trail split, access from
community center (840
Duncan Ranch Rd.).
32.659217 -116.95280 Outfall 36 Transient
146 SR-1 - 909.12
East of trolley tracks,
north of Site SR-2, about
300 ft. north of E St.
32.64136 -117.0998 Outfall 36 Dry/No-Flow
Page 99 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
20
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
147 SR-2-0 - 909.12
Outlet on the northeast
side of E St and railroad
track crossing.
32.63983 -117.09926 Outfall 18x54 Dry/No-Flow
148 SR-3 - 909.12
North of C St., east side
of Broadway bridge,
south side of channel.
32.64884 -117.09623 Outfall 48 Dry/No-Flow
149 SR-3-1 SR-3 909.12
First manhole upstream
of outfall in landscaping,
labeled "City of San
Diego sewer".
32.64875 -117.09622 Manhole 48 Dry/No-Flow
150 SR-5 - 909.12 West of 5th Ave., 300 ft.
north of C St. 32.650151 -117.09254 Outfall 42 Dry/No-Flow
151 SR-6 - 909.12 Ave. and C St., in 32.65036 -117.08819 Outfall (2x) 31x45 Persistent
152 SR-7 - 909.12
South of 3rd Ave. and N.
Glover Ave., in back of
CVS Pharmacy.
32.64995 -117.08656 Outfall 48 Transient
153 SR-9 - 909.12 Dr., next to 3 Las Flores 32.65315 -117.07837 Outfall 48 Persistent
154 SR-10 - 909.12 5th St., south of
Brisbane, between two 32.65122 -117.09283 Manhole 42 Dry/No-Flow
155 SR-12-1 - 909.12 eastbound onramp for
the 54 coming from N 32.653853 -117.08902 Outfall 18 Dry/No-Flow
156 SS-1 - 909.12
West of Country Vistas
Ln. cul-de-sac,
westernmost brow ditch.
32.66192 -117.01114 Manhole 36 Persistent
Page 100 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
21
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
157 SS-2 - 909.12
Left lane of northbound
lane in H St., conveyance
from north.
32.659046 -116.97725 Outfall 48 Persistent
158 SS-3-1 - 909.12 In sidewalk on northwest
side of H St. 32.659074 -116.97756 Manhole 42 Persistent
159 SS-5 - 909.12
South of Proctor Valley
Rd., west of Rolling Ridge
Rd., south of landscape
maintenance yard.
32.66442 -116.97977 Outfall 66 Persistent
160 SS-5-RW - 909.12 10ft south of outfall SS-5. 32.664368 -116.97976 - Persistent
161 SS-10 - 909.12 Mount San Miguel Park,
at bottom of fire access 32.67248 -116.97523 Outfall 42 Persistent
162 SS-10-1 SS-10 909.12
Second upstream
manhole from SS-10, first
upstream junction point.
32.67121 -116.9756 Manhole 42 Persistent
163 SS-11 - 909.12
East of the end of Janel
Way, culvert that outlets
from detention basin at
base of slope, west of SR-
125 freeway.
32.67694 -116.98859 Outfall 54 Persistent
164 SS-12 - 909.12
West side of Proctor
Valley Rd., south of San
Miguel Ranch Rd., outfall
west of detention basin.
32.67135 -116.99700 Outfall (2x) 30 Persistent
165 SS-13 - 909.12 of Rolling Ridge Rd., in 32.66400 -116.9771 Outfall 48 Persistent
Page 101 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
22
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
166 SS-13-1 SS-13 909.12 At west end of Mountain
Ridge Road. 32.66349 -116.97675 Manhole 48 Persistent
167 SS-14 - 909.12
North of Proctor Valley
Rd., at the end of Camino
La Puerta.
32.662926 -116.96748 Outfall 54 Persistent
168 SV-1-2 - 909.12
Manhole on the south
side of E Flower St.
between addresses 50
and 60 E Flower St.
32.649566 -117.06745 Manhole 42 Persistent
169 SV-2-8 - 909.12
Manhole in first parking
space to the west after
entering Bonita Glen
Drive entrance to
commercial center.
32.648135 -117.06437 Manhole 54 Transient
170 SV-3 - 909.12 sidewalk, south side of H 32.63812 -117.03858 Manhole 42 Persistent
171 SV-4 - 909.12 In canyon behind 1009
Cordova Dr. 32.6331 -117.01586 Outfall 48 Persistent
172 SV-4-1 SV-4 909.12 Manhole in front of 1007
Cordova Dr. 32.63219 -117.01551 Manhole 48 Persistent
173 SV-5 - 909.12
In canyon west of Paseo
Ranchero, southernmost
pipe within energy
dissipater.
32.63340 -117.01153 Outfall 36 Persistent
174 SV-7 - 909.12
North side of E. H St.,
manhole in
sidewalk/landscaping.
32.63723 -117.0332 Outfall 18 Transient
Page 102 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
23
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
175 SV-7-1 SV-7 909.12 near Home Depot
driveway to loading 32.637665 -117.03079 Manhole 18 Transient
176 SV-8 - 909.12
North side of E. H St.,
manhole in sidewalk,
outlet from south only.
32.63675 -117.03213 Manhole 57 Persistent
177 SV-9 - 909.12
below ground in canyon
southwest on E H St. and
Paseo Del Ray
32.63560 -117.03006 Outfall 42 Dry/No-Flow
178 SV-9-1 SV-9 909.12
Manhole at SW corner of
intersection of E. H St.
and Paseo Del Rey
32.63587 -117.02942 Outfall 42 Dry/No-Flow
179 SV-10 - 909.12
Man hole on eastbound
side of E H St. 200 ft east
of Terra Nova Dr.
32.638493 -117.04211 Manhole 42 Persistent
180 SV-10-1 SV-10 909.12 E. H St.; east of Terra 32.638704 -117.04209 Manhole Persistent
181 SW-1 - 910.2 across from 1075 32.60811 -117.09231 Outfall (2x)42 Dry/No-Flow
182 SW-2-1 - 910.2 Main St and the
northbound onramp for 32.59508 -117.0872 Manhole 33 Transient
183 SW-3 - 910.2 200 ft. north of Dorothy 32.60094 -117.08464 Outfall 64 Transient
Page 103 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
24
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
184 SW-4 - 910.2
trolley tracks, north of
Hanson Aggregates truck
exit, access from
footbridge at Hanson
32.59043 -117.08368 Outfall 36 Dry/No-Flow
185 SW-5 - 910.2 North side of Otay River,
behind 2383 Faivre Rd. 32.5911 -117.07974 Outfall 60 Transient
186 SW-6 - 910.2
East side of Beyer Blvd.,
400 ft. south of Hanson
Aggregates entrance,
south of Main St.
32.59124 -117.07315 Outfall 60 Transient
187 SW-7 - 910.2
West of 1011 Bay Blvd.,
west side of bike lane,
east of railroad tracks.
32.610991 -117.09218 Outfall (2x) 24 Dry/No-Flow
188 SW-8 - 910.2
West of 1045 Bay Blvd.,
west of bike lane, east of
railroad tracks.
32.609423 -117.09225 Outfall 12 Dry/No-Flow
189 SW-9 - 910.2
West of 1101 Bay Blvd.,
west side of bike lane,
east of railroad tracks.
32.606965 -117.09236 Outfall 24 Dry/No-Flow
190 SW-10 - 909.12
300 feet south of Faivre
St. cul-de-sac, near end
of paved area.
32.592131 -117.08185 Outfall 18 Dry/No-Flow
191 TC-5 - 909.11
About 500 feet east of
Paseo Del Rey and
Telegraph Canyon Rd.,
intersection at south side
of channel.
32.62692 -117.0328 Outfall 36 Dry/No-Flow
Page 104 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
25
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
192 TC-6 - 909.11
Rey and Telegraph
Canyon Rd. intersection,
north side of channel,
32.62768 -117.03423 Outfall 36 Persistent
193 TC-7 - 909.11
About 500 feet west of
Medical Center Dr. and
Telegraph Canyon Rd.
intersection, north side
of channel.
32.62609 -117.02842 Outfall 36 Dry/No-Flow
194 TC-8 - 909.11
Northwest corner of
Paseo Ladera and
Telegraph Canyon Rd.,
south side of channel.
32.62363 -117.02086 Outfall (2x) 42 Persistent
195 TC-9 - 909.11
South side of Telegraph
Canyon Rd., about 100 ft.
east of Buena Vista Wy.,
south side of channel
32.6237 -117.02053 Outfall 36 Persistent
196 TC-11 - 909.11
North side of Telegraph
Canyon Rd. (about 30 ft.
from curb inlet on road),
east of Paseo Ladera.
32.623969 -117.014809 Outfall (2x) 48 Persistent
197 TC-12 - 909.11 Canyon Rd., about 40 ft.
from road, south side of 32.624089 -117.014094 Outfall (2x) 48 Persistent
198 TC-13 - 909.11
North side of Telegraph
Canyon Rd., about 40 ft.
from road, south side of
creek.
32.62474 -117.01115 Outfall 36 Persistent
Page 105 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
26
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
199 TC-14 - 909.11 Canyon Rd., west of
Heritage Rd., south side 32.62583 -117.00850 Outfall 60 Persistent
200 TC-16 - 909.11
South side of Telegraph
Canyon Rd., about 200 ft.
west of Buena Vista Wy.,
north side of channel.
32.62868 -117.00276 Outfall 42 Persistent
201 TC-17 - 909.11
South side of Telegraph
Canyon Rd., about 40 ft.
from curb inlet on road,
east of Buena Vista Wy.
32.62988 -117.00119 Outfall (2x)36 Persistent
202 TC-18 - 909.11
Canyon Rd., about 200 ft.
E. of Buena Vista Wy.,
just east of "Eastlake
Design District" sign,
west of rock pathway,
32.63061 -117.00023 Outfall 48 Transient
203 TC-19 - 909.11
Canyon Rd., about 100 ft.
east of Buena Vista Wy.,
west of "Design District"
sign, south side of
32.62991 -117.00069 Outfall 48 Persistent
204 TC-20 - 909.11
About 100 feet north of
the north end of Santa
Madera Ave. cul-de-sac,
south side of channel,
access from dirt trail.
32.63277 -116.99634 Outfall 60 Persistent
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Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
27
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
205 TC-21 - 909.11
South of Otay Lakes Rd.,
east of La Media Rd.
(western outlet).
32.638438 -116.989749 Outfall 42 Persistent
206 TC-22 - 909.11
South of Otay Lakes Rd.,
east of La Media Rd.
(eastern outlet).
32.638441 -116.989727 Outfall 54 Persistent
207 TC-23 - 909.11
South of Otay Lakes Rd.,
east of La Media Rd.,
next to foot trail.
32.638592 -116.988815 Outfall 48 Persistent
208 TC-25 - 909.11
South side of Telegraph
Canyon Rd., about 100 ft.
west of Rutgers Ave.,
north side of channel.
32.64113 -116.98405 Outfall 42 Persistent
209 TC-26 - 909.11
South of Otay Lakes Rd.,
about 20 ft. north of foot
trail.
32.64119 -116.981722 Outfall 60 Persistent
210 TC-27 - 909.11
Canyon Rd., about 200 ft.
east of the entrance to
Otay Lake Lodge Mobile
Home Park, south side of
32.64216 -116.97987 Outfall 36 Persistent
211 TC-28 - 909.11
Rd., midway between
Saint Claire Dr. and
entrance to Otay Lakes
Lodge Mobile Home
32.64253 -116.97854 Outfall 36 Persistent
212 TC-29 - 909.11
Northwest corner of
Saint Claire Dr. and Otay
Lakes Rd.
32.64378 -116.97632 Outfall 48 Persistent
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Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
28
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
213 TC-30 - 909.11
Under St. Claire Dr. in
channel, north side of
channel.
32.644029 -116.976066 Outfall 42 Persistent
214 TC-31 - 909.11
North side of Otay Lakes
Rd., south side of
channel across from
2060 Otay Lakes Rd.
32.64501 -116.97382 Outfall (2x) 36 Persistent
215 TC-36 TC-9 909.11 Ladera, about 500 ft.
north of Telegraph 32.62487 -117.02032 Manhole 36 Persistent
216 TC-38 - 909.11
Moss St. and trolley
tracks intersection, catch
basin inside 694 Moss St.
32.61283 -117.0884 Other (2x)60 Dry/No-Flow
217 TC-40-1 - 909.11
the detention basin
located in the southwest
corner of the Eastlake
32.647426 -116.969919 Outfall (2x) 96 Persistent
218 TC-41 - 909.11 Broadway, north of Moss 32.614508 -117.08305 Manhole 66 Dry/No-Flow
219 TC-42 - 909.11 In landscaping median in
front of 970 Broadway. 32.614842 -117.083182 Manhole 48 Persistent
220 TC-43 - 909.11 Canyon Rd., north side of 32.639791 -116.987248 Outfall 36 Persistent
221 TC-44 - 909.11
North side of Telegraph
Canyon Rd., south side of
channel.
32.626875 -117.005944 Outfall 36 Persistent
222 TC-45 - 909.11 South of Otay Lakes Rd.,
north side of channel. 32.635923 -116.993103 Outfall 36 Transient
Page 108 of 482
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Table 5 – Dry Weather Major MS4 Outfall Monitoring Inventory (cont.)
29
# Station ID Associated
Outfall1 HSA Location Description Latitude Longitude Conveyance Conveyance
Size (in)
Current Flow
Classification2
223 WC-6 - 910.2 across from detention 32.611954 -116.984433 Outfall 84 Persistent
Notes: DBC = Double Box Culvert. SBC = Single Box Culvert.
1 Proxy sites are visited in place of outfalls in some cases, e.g., when the outfall is not accessible. “Associated Outfall” refers to the major MS4 outfall for which the proxy
location is related to. When a site is the outfall itself and not a proxy, “N/A” is entered in the “Associated Outfall” column.
2 The Current Flow Classification category is assigned using the criteria in Section D.2 of the Municipal Permit. Sites that have been visited fewer than three times are categorized
as “Unknown.”
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Table 6 – Major MS4 Outfalls for Non-Storm Water Persistent Flow Monitoring
Site Location Description HSA Latitude Longitude
ORW-15 approximately 200ft west of the intersection 910.2 32.59296 -117.00701
SC-8 Dr., access from gated road off of Olympic Pkwy. 910.2 32.63496 -116.94521
SC-17 West of Hawthorne Creek Dr. and Joshua Creek
Dr. intersection. 910.2 32.64815 -116.94727
SS-5 South of Proctor Valley Rd., west of Rolling Ridge
Rd., south of landscape maintenance yard. 909.12 32.66442 -116.97977
SS-11
East of the end of Janel Way, culvert that outlets
from detention basin at base of slope, west of SR-
125 freeway.
909.12 32.676945 -116.988597
Table 7 – Physical Aesthetics Paired Receiving Water Monitoring Data
Site Location Description HSA Latitude Longitude
C-1 channel under road, access from gate east side of
Bay Blvd.
909.12 32.621160 -117.094490
C-22 Behind 53 Shasta St., northeast side of channel. 909.12 32.636330 -117.066760
J-16 Along channels north of 1091 Hilltop Dr. 800 ft east
from gate. 910.2 32.618457 -117.054264
ORW-1 South of Rancho Dr., southwest corner of Shadow
Pines condos, in canyon. 910.2 32.591250 -117.037900
PC-2 East of Maple Dr., north of Main St., west side of
channel, behind 1671 Maple Dr. 910.2 32.59611 -117.04087
SW-4
West side of Bay Blvd., south of J St., south side of
channel under road, access from gate east side of
Bay Blvd.
910.2 32.590430 -117.083680
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Table 8 – Major MS4 Outfalls in Focused Priority Area
Site ID Latitude Longitude
C-1 909.12 32.62116 -117.09449
C-2 909.12 32.6214 -117.09393
C-3-1 909.12 32.6236 -117.09289
C-6 909.12 32.62918 -117.09507
C-9 909.12 32.63331 -117.09102
C-10 909.12 32.63879 -117.08536
C-10-1 909.12 32.63881 -117.08538
C-13 909.12 32.63869 -117.07956
C-14-0 909.12 32.63852 -117.07752
C-22 909.12 32.63633 -117.06676
C-23 909.12 32.62953 -117.09403
C-23-1 909.12 32.62959 -117.09388
C-24-0 909.12 32.62592 -117.09377
C-25 909.12 32.634 -117.0906
C-27 909.12 32.63529 -117.08737
C-29 909.12 32.63483 -117.10219
C-29-2 909.12 32.63494 -117.10225
C-29-3 909.12 32.63487 -117.10237
C-30 909.12 32.62428 -117.09459
C-30-1 909.12 32.62433 -117.09478
J-1 910.2 32.59239 -117.05917
J-2 910.2 32.59487 -117.06681
J-3 910.2 32.60097 -117.0659
J-6 910.2 32.60168 -117.06412
J-7 910.2 32.60622 -117.06266
J-9 910.2 32.60977 -117.06035
J-16 910.2 32.61845 -117.05426
J-19 910.2 32.60159 -117.06313
J-20 910.2 32.60995 -117.06001
J-22 910.2 32.60404 -117.06274
J-23 910.2 32.61785 -117.05669
J-24 910.2 32.59487 -117.06691
J-25 910.2 32.59317 -117.06678
J-26 910.2 32.59313 -117.06679
J-27 910.2 32.59263 -117.06405
J-27-1 910.2 32.59299 -117.0639
J-28-0 910.2 32.59142 -117.05584
ORW-1 910.2 32.59125 -117.0379
PC-1 910.2 32.59154 -117.04199
PC-2 910.2 32.59611 -117.04087
PC-35 910.2 32.59986 -117.03795
PR-6 910.2 32.61177 -117.03979
PR-7 910.2 32.59491 -117.04948
PR-8 910.2 32.6003 -117.04828
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Table 8 – Major MS4 Outfalls in Focused Priority Area
Site ID Latitude Longitude
SR-1 909.12 32.64136 -117.0998
SR-2-0 909.12 32.63983 -117.09926
SR-3 909.12 32.64884 -117.09623
SR-3-1 909.12 32.64875 -117.09622
SR-5 909.12 32.650151 -117.09254
SR-6 909.12 32.65036 -117.08819
SR-7 909.12 32.64995 -117.08656
SR-9 909.12 32.65315 -117.07837
SR-10 909.12 32.65122 -117.09283
SR-12-1 909.12 32.653853 -117.08902
SV-1-2 909.12 32.649566 -117.06745
SV-2-8 909.12 32.648135 -117.06437
SW-1 910.2 32.60811 -117.09231
SW-2-1 910.2 32.59508 -117.0872
SW-3 910.2 32.60094 -117.08464
SW-4 910.2 32.59043 -117.08368
SW-5 910.2 32.5911 -117.07974
SW-6 910.2 32.59124 -117.07315
SW-7 910.2 32.610991 -117.09218
SW-8 910.2 32.609423 -117.09225
SW-9 910.2 32.606965 -117.09236
SW-10 909.12 32.592131 -117.08185
TC-38 909.11 32.61283 -117.0884
TC-41 909.11 32.614508 -117.08305
TC-42 909.11 32.614842 -117.083182
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Agreement: Approve a Tree Inventory and Urban Forest Management Plan Development Services Agreement
with ArborPro, Inc.
Report Number: 24-0297
Location: Citywide
Department: Public Works Department
G.C. § 84308: No
Environmental Notice:
The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State
Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).
The Project is also Exempt under a regulatory program of the Fish and Game Commission pursuant to Section
15251(b). Under the National Environmental Policy Act (NEPA), pursuant to Title 40 CFR 1501.4(e) of the
Code of Federal Regulations and the Federal Emergency Management Agency (FEMA)/Department of
Homeland Security Instruction Manual 023-01-001-01, the activity is Categorically Excluded.
Recommended Action
Adopt a resolution approving an agreement with ArborPro, Inc. for Tree Inventory and Urban Forest
Management Plan Development Services.
SUMMARY
The City is in need of developing a care and maintenance plan for the City’s municipally managed trees. To
that end, staff solicited a Request for Proposals (RFP) for Tree Inventory and Urban Forest Management Plan
Development for the City. The RFP was posted and made available on PlanetBids, and the City received four
(4) responsive bids to the RFP.
Staff recommends City Council accept the most responsive bid from ArborPro, Inc. and approve the Tree
Inventory and Urban Forest Management Plan Development Services Agreement with ArborPro, Inc.
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
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P a g e | 2
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4
(Minor Alterations to Land) because the proposed project would not result in a significant effect on the
environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. The Project is also Exempt under a regulatory program of the Fish
and Game Commission pursuant to Section15251(b) as further outlined in the Memorandum Of
Understanding Between the Fish and Wildlife Service of the United States Department of the Interior, the
California Department of Fish and Game, the California Department of Forestry, the San Diego County Fire
Chief's Association and the Fire District's Association of San Diego County authorizing abatement of
flammable vegetation, as executed on February 26, 1997. Under NEPA, pursuant to Title 40 CFR 1501.4(e)
of the Code of Federal Regulations and the Federal Emergency Management Agency (FEMA)/ Department of
Homeland Security Instruction Manual 023-01-001-01, the activity is Categorically Excluded. Thus, no
further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City is in need of developing a comprehensive plan for the care and maintenance of the City’s municipally
managed trees. To that end, on January 17, 2025, staff solicited a Request for Proposals (RFP) for Tree
Inventory and Urban Forest Management Plan Development for the City. The RFP was posted and made
available on PlanetBids. On February 19, 2025, the Director of Public Works received and opened four (4)
proposals via PlanetBids from ArborPro, Inc., West Coast Arborists, Inc., Dudek, and Eocene Environmental
Group, Inc.
A review was conducted of all proposals that were determined to be responsive. An evaluation committee
assessed, scored, and ranked the submittals based on the following criteria: Project Team, Experience/Past
Performance/References, Approach to Work/Project, Proposed Cost, and References.
Funding is provided by an Inflation Reduction Act grant of the United States Department of Agriculture Forest
Service, Urban and Community Forestry Program, in the amount of $500,000. The City’s contribution/match
is $374,030 – funded through a combination of General Fund and special tax district funds. The City’s General
Fund contribution was approved via the fiscal year 2024-25 Adopted Budget and the other non-General Fund
contributions via Reso 2024-169. These appropriations were carried forward to the fiscal year 2025-26
budget.
City’s Procurement Staff communicated with respondents that the request for proposal was paused until the
granting agency provided approval to continue. Procurement reached out to the respondents to ensure the
submitted proposals were valid when the City resumed the procurement process.
Following the scoring process, ArborPro, Inc., West Coast Arborists, Inc., and Dudek, the top three proposers,
were invited to meet with the evaluation committee. Staff conducted the contractor interviews on September
10, 2025. After completion of the interviews and final scoring, Arbor Pro, Inc. was identified as the top-ranked
firm. The evaluation committee’s recommendation is based on Arbor Pro, Inc.’s competitive pricing,
demonstrated experience, and strong references from other municipalities in California and across the
country performing similar work.
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P a g e | 3
Key provisions of the proposed agreement with Arbor Pro, Inc. include, but are not limited to:
Scope of Services, such as completion of a citywide tree inventory and analysis;
Contract term of two (2) years. Field work is expected to be completed in 18 months from contract
award date;
Compensation based on a total contract cost schedule set not to exceed $874,030;
Performance requirements consistent with ANSI A300 standards, ISA Best Management Practices,
and City guidelines;
Insurance and indemnification in accordance with City requirements; and
Termination provisions allowing the City to cancel the agreement for cause or convenience with
written notice, including termination of USDA grant funding.
DECISION-MAKER CONFLICT
Staff have reviewed the decision contemplated by this action and have 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 are not independently aware and have 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
Council accepted the grant from USDA FS on August 13, 2024. The fiscal year 2024-25 Adopted Budget
included grant appropriations to the Federal Grants Fund and funding as a transfer from the General Fund
to the Federal Grants Fund; the additional City contribution from Special Tax District Funds was approved
via Resolution 2024-169 on August 13, 2024. Out of extreme caution, the City elected to place the project on
hold due to uncertainty regarding the release of the federal grant funding. As a result, the transfer from the
General Fund and the Special Tax District Funds did not occur in fiscal year 2024-25.
The federal grant funding has since been confirmed. With the grant secured, staff recommends moving the
project forward. The appropriations necessary for the required transfers from the General Fund and the
Special Tax District Funds were carried forward to the fiscal year 2025-26 budget, consistent with the
original fiscal year 2024-25 appropriation.
The total project cost is estimated at $874,030, consisting of funding from the following:
Description Amount
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P a g e | 4
ONGOING FISCAL IMPACT
Adoption of this resolution will have no additional impact on the General Fund, Special Tax District Funds,
or the Federal Grants fund beyond the previously approved amounts.
ATTACHMENT
1. 2-Party Agreement with ArborPro, Inc.
2. ArborPro Response – Extract 10.01.2025
Staff Contact: Sam Oludunfe, City Forester & Open Space Manager
Angelica Aguilar, Deputy Director of Public Works
Page 116 of 482
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November 4, 2025 Post City Council Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS AND APPROVING
AN AGREEMENT FOR TREE INVENTORY AND URBAN
FOREST MANAGEMENT PLAN DEVELOPMENT SERVICES
BETWEEN THE CITY AND ARBORPRO, INC.
WHEREAS, the City of Chula Vista (the “City”) aims to advance the development of a
comprehensive tree inventory system and forest management plan; and
WHEREAS, on January 17, 2025, City Staff issued a Request for Proposals for Citywide
Tree Inventory and Urban Forest Management Plan Development Services in accordance with
Chula Vista Municipal Code Sections 2.56.070 and 2.56.07; and
WHEREAS, on February 19, 2025, four (4) proposals were received from ArborPro, Inc.,
West Coast Arborists, Inc., Dudek, and Eocene Environmental Group, Inc. respectively for the
Tree Inventory and Urban Forest Management Plan Development Services Agreement (the
“Agreement”); and
WHEREAS, an evaluation committee evaluated, scored, and ranked the responses based
on the following criteria: Project Tea, Experience/Past Performance/References, Approach to
Work/Project, and Proposed Cost; and
WHEREAS, based on the scoring the evaluation committee selected ArborPro, Inc.; and
WHEREAS, the Agreement term is for two (2) years, however field work is expected to
be completed in 18 months from the Agreement award date; and
WHEREAS, the Agreement is contingent on federal grant funding and the City may cancel
the agreement with written notice, due to the termination of the USDA grant funding; and
WHEREAS, Staff recommend the City Council of the City accept the proposals and
approve the Agreement with ArborPro, Inc. in an amount not-to-exceed $874,030.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Tree Inventory and Urban Forest Management Plan Development Services
Agreement between the City and ArborPro, Inc. 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 the
same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City Manager or the Director of Public Works is authorized to enter into and execute any
amendments, extensions, or renewals of the Agreement, and any and all documents necessary and
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appropriate to implement this resolution in the form as may be required or approved by the City
Attorney.
Presented by Approved as to form by
_________________________ __________________________
Matthew Little, PE Marco A. Verdugo
Deputy City Manager/ Director of Public Works City Attorney
Page 118 of 482
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November 4, 2025 Post City Council Agenda
1 City of Chula Vista Agreement No.: 2025-347
Service Provider Name: ArborPro, Inc. Rev. 3/3/2025
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH ARBORPRO, INC.
TO PROVIDE TREE INVENTORY AND URBAN FOREST MANAGEMENT PLAN DEVELOPMENT
This Agreement is entered into effective as of November 4, 2025 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and ArborPro, Inc., a California Corporation
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, on January 17, 2025, City staff issued a Request for Proposals for City-wide Tree Inventory
and Urban Forest Management Plan Development services; and
WHEREAS, on February 19, 2025, four (4) proposals were received from ArborPro, Inc., West Coast
Arborists, Inc., Dudek, and Eocene Environmental Group, Inc., respectively, for the Tree Inventory and Urban
Forest Management Plan Development services contract; and
WHEREAS, after completing review for responsiveness, staff determined ArborPro, Inc. to be the
responsible lowest proposer; and
WHEREAS, the City Council of the City of Chula Vista accepted the proposals and awarded the Tree
Inventory and Urban Forest Management Plan Development services contract to ArborPro, Inc. on November 4,
2025; 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.]
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2 City of Chula Vista Agreement No.: 2025-347
Service Provider Name: ArborPro, 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
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.
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3 City of Chula Vista Agreement No.: 2025-347
Service Provider Name: ArborPro, Inc. Rev. 3/3/2025
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
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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.
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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.
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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
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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 $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. 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.
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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.
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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 resp ect 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.
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8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted,
of the Parties included in this Agreement are intended to authenticate this writing and to have the same force
and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process
attached to or logically associated with a record and executed and adopted by a Party with the intent to sign
such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic
Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
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.
ARBORPRO, INC.
BY:________________________________
KEITH HENNIG
PRESIDENT
CITY OF CHULA VISTA
BY: ________________________________
TIFFANY ALLEN
CITY MANAGER
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Angelica Aguilar
Assistant Director of Public Works
1800 Maxwell Road, Chula Vista, CA 91911
619-397-6088
AAguilar@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:
ArborPro, Inc.
Keith Hennig, President
22605 E. La Palma Avenue
Yorba Linda, CA 92887
951-741-4630
khennig@arborprousa.com
For Legal Notice Copy to:
Mason Burdick, Project Manager
22605 E. La Palma Avenue
Yorba Linda, CA 92887
657-274-1331
mburdick@arborprousa.com
2. Required Services
A. General Description.
The Contractor will furnish all work, materials, equipment, services, and labor necessary to fully complete
City-wide Tree Inventory and Urban Forest Management Plan Development services for Chula in strict
accordance with ArborPro RFP Response of January 24, 2025 and the Contract Documents. See attached
ArborPro Response - Extract 10.01.2025.
B. Detailed Description.
The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill, and services
necessary to complete, in a good and workmanlike manner, all Tree Inventory and Urban Forest Management
Plan Development services, and all other Required Services throughout the City at the unit prices contained
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herein in strict accordance with ArborPro RFP Response of January 24, 2025 and the Contract Documents.
See attached ArborPro Response - Extract 10.01.2025.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November
4, 2025 and all field work and report submissions shall be completed by May 3, 2027 and end on November
3, 2027 for completion of all Required Services.
4. Compensation: The unit prices for completed and approved Required Services are reflected on the attached
ArborPro Response - Extract 10.01.2025.
Unit Prices. Unit Prices shall include all labor, traffic control, equipment, materials, insurance, permit and license
fees, disposal costs, profit, overhead, supervision, transportation, applicable sales tax, and all other costs to
complete all necessary work for that line item.
Payment. As full compensation for completion of the Required Services, the City shall pay Contractor for the
quantity or percentage of line item of work actually performed and approved by the City in accordance with the
Contract Documents. The City’s obligation to pay Contractor under this Agreement is subject to and may be
offset by charges owed by Contractor under this Agreement.
A. Form of Compensation
☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth
below:
Monthly or quarterly payment of invoices.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through November 3, 2027 shall not exceed $874,030.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers:
☒ Security for Performance: Prior to commencement of the Required Services, Contractor shall procure
Performance and Labor and Material Bonds for the Required Services. Such bonds are to be issued by a Surety
authorized to transact such business in the State of California and listed as approved by the United States
Department of Treasury Circular 570 with an underwriting limitation sufficient to issue bonds in the amount
required by the Agreement. Approved entities are listed on the United States Department of Treasury’s website -
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required during the course
of the Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and must
meet the same criteria. No substitutions shall be allowed.
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DIR/Prevailing Wages. Contractor and its subcontractors of every tier shall comply with all Federal and State law
prevailing wage requirements for all persons employed to perform the Required Services, including but not
limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the
Department of Industrial Relations (DIR) and are available on the DIR’s website.
Prior to commencing the Required Services, the Contractor shall provide the City with a list of its subcontractors
and the classifications and wages of workers that will be employed to perform the Required Services. If Contractor
desires to modify the list during the term of the Agreement, Contractor shall immediately provide an updated list
to the City for City’s consideration. To verify compliance with State prevailing wage requirements, Contractor
shall be registered with the DIR’s online registration of contractors and shall furnish and submit certified payrolls
and other required documentation directly to the DIR, with a copy to the City’s project manager. Contractor and
its subcontractors of every tier shall comply with all requirements of Labor Code section 1776.
This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section
1771.4.
In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the
following in its performance of the Required Services:
• Labor Code 1810: Hours in legal day’s work;
• Labor Code 1813: Penalty for exceeding legal day’s work; and
• Labor Code 1815: One- and one-half-time rate of pay.
Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes the
City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section shall be
construed to limit Contractor’s obligations to comply with any applicable Federal, State, or local law or regulation.
Employment of Apprentices. Contractor and its subcontractors of every tier shall comply with all requirements
for employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor
Code sections 1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and
other requirements may be obtained from the DIR.
Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor shall provide a fully executed
and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit
D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Required Services, Contractor shall
provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, in the form
attached hereto and incorporated herein as Exhibit E.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional terms, defined as a one-year increment or November 4, 2027 to November 3, 2029. The City
Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If
the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein,
provided that the amounts specified in Section 4 above may be increased by up to 5% for each extension. The
City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via
the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the
expiration of the term.
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☐ Other: Notwithstanding the completion date set forth in Section 3 above, City has the option to extend this
Agreement at its discretion. The City Manager or Director of Finance/Treasurer, or their designee, shall be
authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension
shall be on the same terms and conditions contained herein. The City shall give written notice to Contractor of
the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document.
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EXHIBIT B
INSURANCE REQUIREMENTS
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.
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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: Samuel O. A. Oludunfe, City Forester & Open Space Manager
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).
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Service Provider Name: ArborPro, 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): 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
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City of Chula Vista, California : Tree Inventory & Urban Forest Management Plan Development
PROPOSAL
TREE INVENTORY & URBAN FOREST
MANAGEMENT PLAN DEVELOPMENT
RFP P13-2025
Submitted by:
ArborPro Inc.
22605 E. La Palma Ave, Suite 509
Yorba Linda, CA 92887
O: 714.694.1924
F: 714-694-1981
www.arborprousa.com
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February 17, 2025
Catherine Stanley
Administrative Manager – Urban Forestry
750 E. 88th Street
Urban Forest Building
Chula Vista, OH 44108
Dear Catherine Stanley,
On behalf of ArborPro, Inc., I am pleased to submit our expression of interest for the City ofChulaVista’s Tree Inventory and Urban Forest Management Plan project. As a nationallyrecognizedleaderinurbanforestryconsulting, ArborPro is dedicated to delivering innovativeandsustainablesolutionstomunicipalitiesacrossthecountry.
Our team of experienced professionals, including ISA-certified arborists, Certified MunicipalArborists, Utility Specialists, and Registered Consulting Arborists, is prepared to execute acomprehensivetreeinventoryandmanagementplantailoredtoChulaVista’s needs. UndertheleadershipofMasonBurdickasProjectManager, our team will ensure a hands-on, integrated approach without reliance on subcontractors. I will serve as the primary contactforcontractualmattersandcanbereachedat (714) 694-1924 or via email atkhennig@arborprousa.com.
Since 2003, ArborPro has partnered with over 500 clients (over 140 in California), rangingfrommunicipalitiesanduniversitiestofederalagencies, to deliver urban forestry inventories, management plans, Eco Benefits analyses, and canopy assessments. Our extensive experienceworkingwithcommunitiessimilartoChulaVistaensureswearewell-equipped to providepracticalandimpactfulsolutionsforurbanforestmanagement. Some of our clients includeTheCityofSanDiego, Los Angeles County Parks and Recreation, Los Angeles Unified SchoolDistrict, San Diego State University, Cal State San Marcos, and the Cities of San Clemente andMalibu, just to name a few.
We are committed to creating a proactive and comprehensive plan for the care, preservation, pruning, planting, and removal of Chula Vista’s municipally managed trees. This will includeacompleteinventoryofalltrees, stumps, and potential planting sites within the public rights-of-way, medians, open spaces, and parks as specified in the project scope.
As this project is funded by the Forestry Inflation Reduction Act Grant, United StatesDepartmentofAgricultureForestService, and Community Forestry Program in partnershipwithGreenLatinos, we will ensure compliance with the grant requirements and objectivesdetailedinthisRFP. ArborPro is committed to supporting Chula Vista in achieving its goal ofrestoring, growing, and diversifying its urban tree canopy while addressing hazardous, diseased, and invasive trees. In addition to providing the City of Chula Vista with an excellentprofessionalteamtocompletethisproject, we also offer to provide the City with our state-of-the-art GIS tree inventory management program, ArborPro, at no cost for one year.
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Thank you for considering ArborPro, Inc. for this important initiative. We are eager tocollaboratewiththeCityofChulaVistaandcontributetothehealthandvitalityofitsurbanforest. Please feel free to contact us to discuss our proposal further at your convenience.
Sincerely,
Keith Hennig
President
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Table of Contents
Executive Summary ............................................................................................................................... 5Qualifications .............................................................................................................................................. 6
Methodology & Work Plan .................................................................................................................. 8Kick-off Meetings ............................................................................................................................ 9TreeInventoryWorkPlan ................................................................................................................... 10TreeInventoryFieldDataCollection .................................................................................... 10TechnicalEquipment & Professional Appearance .......................................................... 10DataSchema ................................................................................................................................... 11TreeHealth & Risk Assessment .............................................................................................. 12TreeCareMaintenance .............................................................................................................. 13ProjectOperationsPlan ............................................................................................................. 14WeeklyProcessandReview..................................................................................................... 15ClientProjectReview .................................................................................................................. 16QualityAssurance ........................................................................................................................ 17UrbanForestryManagementPlanDevelopment ........................................................................ 23AdditionalServices - Emerging Technologies .............................................................................. 29TreeCanopyAssessment .......................................................................................................... 31
Project Schedule .................................................................................................................................. 33
Project Staff ........................................................................................................................................... 34
Cost .......................................................................................................................................................... 44
RFP Specific Considerations ............................................................................................................ 45
Software ................................................................................................................................................. 46
FORMS ..................................................................................................................................................... 53GeneralConditions .................................................................................................................................. 53ConsultantLevineActDisclosure ...................................................................................................... 56PublicOfficialDisclosures .................................................................................................................... 57Proposal & Offer to Contract ............................................................................................................... 59ProposalSecurityBond (Copy) .......................................................................................................... 60
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EXECUTIVE SUMMARY
ArborPro, Inc., established in March 2003 and headquartered in Yorba Linda, California, is anationallyrecognizedleaderinurbanforestryconsulting. With over two decades ofexperience, ArborPro has earned a reputation for delivering innovative and comprehensiveservices, including urban tree inventories, Tree Management Software solutions, and UrbanForestryManagementPlans. Based in Southern California we have completed over 140similarprojectswithintheStateofCalifornia. Our client base includes prominent Californiamunicipalities, universities, and school districts. We have specifically been selected by manymunicipalitiestocompletetheirprojectsfundedbytheInflationReductionAct, including theCityofKansasCity, MO, which includes an inventory of over 150,000 trees.
ArborPro, Inc. has completed some of the largest municipal tree inventory and managementplanprojectsintheUnitedStatesoverthepast5years. Headquartered in Yorba Linda, southern California is our home, so our team is very familiar with local species, pests, etc. TheCityshouldtakeintoconsiderationtheselectedcontractor’s experience in performing large-scale tree inventory projects; based on our experience, we have developed a comprehensivefieldArboristtrainingprogram, detailed QA/QC procedures, and an operations plan that willresultinthehighestqualitydataavailableintheindustry. Below is a small sample set of largetreeinventoryprojectswehavecompletedrecentlyintheStateofCalifornia.
Client Tree Count Client Tree Count
City of San Francisco, CA 139,406 City of Lancaster, CA 57,740
City of San Diego, CA 100,110 City of Simi Valley, CA 43,306
City of San Jose, CA 84,095 City of Vallejo, CA 60,330
County of LA Public Works (Street Trees)225,044 City of Livermore, CA 55,694
County of LA Parks and Recreation 224,221 LAUSD 118,698
Our team comprises 45 dedicated professionals, including 26 ISA-certified arborists, 12 ofwhomholdTreeRiskAssessmentQualification (TRAQ) certification for advanced riskassessment. These arborists, alongside technical specialists in software development, IT, andGIS, collaborate seamlessly to ensure efficiency, accuracy, and excellence in every project. ArborPro’s robust GIS consulting capabilities and custom tree canopy assessments enable ustooffermunicipalitiesanintegratedapproachtourbanforestry, managing every projectphaseinternally.
ArborPro’s leadership brings a unique blend of expertise in both tree inventory and municipaltreemaintenance, setting us apart from competitors. Founder Keith Hennig previously ownedTreeElements, Inc., a tree maintenance firm that served numerous California municipalities. This practical background is complemented by the extensive field experience of ourmanagementteam, including Oscar Corvera, Tim Clancy (Registered Consulting Arborist), and Mason Burdick, who have managed municipal tree crews and worked closely with PublicWorksDepartments. This dual perspective—grounded in technical expertise and operational
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insight—ensures a comprehensive, practical, and unbiased approach to urban forest planningandmaintenance.
ArborPro is committed to bringing this depth of expertise to the City of Chula Vista, providingatailoredUrbanForestManagementPlanthatmeetsthecommunity’s unique needs andensuresthehealthandsustainabilityofitsurbancanopyforyearstocome.
QUALIFICATIONS
ArborPro's full-time professional arborists have years of experience working together as ateam. We feel that the experience of this team allows us to be more efficient and accurate inourdatacollectionprocess, delivering a superior product before any deadline. We also havetheresourcestoincreasethenumberofhighlytrainedarboriststomeetanymilestones, deadlines, or timelines.
ArborPro's proprietary GIS Tree Inventory Software, ArborPro Enterprise 2.0, is very robustinfeaturesandintegrateseasilywithotherplatforms. Inventory data collected withEnterprisecanbeeasilyexportedforuseindifferentformatslikeArcGIS, geodatabase, ESRIshapefile, iTree Streets, AutoCAD, ArcView, Microsoft Access, and/or Microsoft Excel. OurprogramcanalsointegratedirectlywithArcGISproductsthroughanAPI.
In addition to the field staff, our technical team consists of Software Developers, IT Specialists, and GIS Analysts to support GIS consulting and development. GIS services range from simplemapassemblytocomplexUrbanTreeCanopyAssessments. The interdisciplinary mix of theArborProteamroundsoutourcapabilitiestosatisfyallurbanforestmanagementdemands, whether to aid in future planning or current management or to understand pastcomplicationsforpotentialopportunitydevelopment.
A tree inventory is a time and money-saving tool that will benefit the City of Chula Vista yearafteryear. The liability factor of damage to property and people will be significantly reducedwhenhazardoustreesarelocatedandidentified. Tree maintenance costs will be reducedwiththeabilitytocreateworkordersfortreecrews, making their job easier and saving time. With your thirty-two-year Tree City USA designation, your City and your communityappreciatethebenefitsofinvestingintheirUrbanForest. At ArborPro, we share this samecommitmentandlookforwardtoworkingwithyou.
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Below is a sample listing of other California clients which whom we have provided similar
services.
Relevant CA Municipal Projects CA Universities/School Districts/Other
City of San Diego University of California - San Diego
County of Los Angeles California State University - San Marcos
City of Malibu San Diego State University
City of San Jose UCLA
City of San Francisco Los Angeles USD
City of West Hollywood Cal Tech
County of Ventura University of California - Berkeley
City of Thousand Oaks Stanford University
City of Temecula Cal State University, San Jose
City of Santa Clarita San Jose City College
City of San Marino Cal State University, San Francisco
City of San Clemente California State University - Chico
City of Palm Springs University of California - Irvine
City of Palm Desert Long Beach City College
City of Orange South Orange County Community College District
City of Lake Forest Chapman University
City of La Quinta Occidental College
City of Indian Wells University of Southern California
City of Huntington Park Cal Poly - San Luis Obispo
City of Grand Terrace California State University - San Bernardino
City of Goleta Mount Saint Mary's University
City of Fountain Valley Pepperdine University
City of Vallejo California State University - Long Beach
City of Orangevale Loyola Marymount University
City of Newark University of California - Merced
City of Mission Oaks Palo Alto USD
City of Milpitas San Francisco USD
City of Manteca Berkeley USD
City of Livermore Pittsburg Unified School District
City of East Palo Alto Redondo Beach USD
City of Cupertino Paramount Unified School District
City of Colma Santa Ana USD
City of Carmichael Norwalk La Mirada USD
City of Albany Friends of Carmel Forest
City of Simi Valley Banning USD
City of San Dimas Oxnard SD
City of Lawndale Santa Monica - Malibu USD
City of Lancaster Hayward USD
City of Fair Oaks Santa Clara University
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METHODOLOGY & WORK PLANArborPro, Inc. proposes a comprehensive and efficient approach to conducting a tree andplantingsiteinventoryanddevelopingatailoredurbanforestmanagementplanfortheCityofChulaVista. Our ISA-certified TRAQ Arborists will collect and analyze tree data to addressthecity’s urban forestry challenges. Using our advanced ArborPro urban forest managementsoftware, we will deliver a dynamic and accessible inventory to guide informed decision-making and long-term planning.
Our work plan emphasizes precision, safety, and transparency, ensuring that Chula Vistareceivesactionabledataandastrategicplantorestore, grow, and diversify its urban treecanopy.
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KICK-OFF MEETINGSArborPro, Inc. would like to request 3 separate Pre Job/Kick-Off Meetings.
Field Operations Pre-Job MeetingArborProstaffwillcoordinatewith the City of Chula Vista’s Project Manager andrepresentativesforakick-off meeting. This initial meeting will introduce project staff, andcoverkeyprojectelements, including scope, roles and responsibilities, daily operatingprocedures, methodologies, and specific attribute definitions. We will review the datacollectionprocessanddiscussthecommunicationplan. We will also discuss the project’sdesireddeliverables, schedule, and the detailed process for developing the Urban ForestManagementPlantoensurealignmentandclarityonallprojectgoals. This meeting willincludedataschemaandanattributelist.
Technical Pre-Job MeetingArborProstaffwillcoordinate with the City of Chula Vista’s IT representative to discuss theintegrationofArborProEnterprise2.0 with the City’s database system. We will also discussdatadeliveryoptionsandstructure. We will initially plan to deliver the data monthly, ourultimategoalistointegrateEnterprise2.0 directly with ESRI if the City desires this option.
Management Plan Pre-Job MeetingArborProstaffwillcoordinatewiththe City of Chula Vista’s Project Manager and appropriatestakeholderstodiscusstheplanandprocessforcompletingtheManagementPlan. Thismeetingwilltakeplaceonceourteamhascompletedapproximately50% of the datacollectionservices. We will discuss the plan's goals, set up an ongoing meeting schedule, andrequestinformationnecessarytocompletetheplan. The plan will be managed throughMicrosoftprojectstomaintaincontinuity, achieve goals, and attain completion within thedesiredtimeframe.
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TREE INVENTORY WORK PLAN
TREE INVENTORY FIELD DATA COLLECTIONOurISA-certified Arborists will perform aLevel2, 360° visual inspection of the trees atalldesignatedsitesasspecifiedintheRequestforProposal. Using iPads and thelatestGIStechnology, ArborPro’s arboristswillcollectandinputdatawithsub-meteraccuracy. We are committed to protectingtheCity’s trees and properties through a non-invasive approach during the assessmentprocess.
TECHNICAL EQUIPMENT & PROFESSIONAL
APPEARANCEArborPro’s data collectors will be equipped withiPadsforefficientdataentry, along with essentialtoolssuchasDBHtapes, clinometers, laser rangefinders, and GPS units to ensure accurate andprecisedatacollection. Our team is also nowequippedwithsmalldronestoviewareasthatmaybeinaccessible. All ArborPro staff willmaintainaprofessionalappearance, wearingcompany-branded safety vests, shirts, and hats, along with work boots and all required personalprotectiveequipment (PPE) for visibility andsafety.
Our vehicles are clearly marked with theArborPrologoandareequippedwithfirst-aidkits, fire extinguishers, and safety cones, underscoring our commitment to safetystandards. In addition, ArborPro InventoryArboristsaretrainedtoengagepolitelyandprofessionallywiththepublic, responding toquestionsandensuringapositivecommunitypresence. Identification badges and businesscardsareavailabletohelpassureresidentsofourprofessionalpurpose, and, with the City’sapproval, we can provide contact information for a designated City official to address anyproject-specific inquiries.
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DATA SCHEMAOurteamunderstands that a well-structured data schema is essential for effective treeinventorymanagement. We will incorporate the data schema provided by the City of ChulaVista. All data fields and definitions can be modified per the City of Chula Vista’s request during theKick-Off meeting. The Summary Report will include a glossary of inventory definitions. ArborPro will collect the inventory data fields as outlined in the RFP. We will utilize currentlists (used by the City of Chula Vista), such as species list, to maintain continuity with currentCityofChulaVistadataintegritymodels. Below is the list of required fields per the RFP; wehaveaddedourstandarddefinitionsforcertainfields, which will be discussed as part of thePre-Job Meeting. Our team will utilize the existing data set in order to maintain the tree
ID field, which will allow the City to maintain any work history or other data sets that
align with the tree ID field. Data collected during the inventory will include but are not limited to the following fields:
Tree Asset Information
Side Type
Address No
On Street
Tree Number
FromStreet/ToStreet
Subdivision
Location
Botanical Name
Common Name
DBH
Stems
Observations
Clearance
Hardscape Damage
Recommendations
Utility
Grow Space
Space Size
Notes
Tree Condition
EstValue
Required Maintenance
GPS Coordinates
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TREE HEALTH & RISK ASSESSMENTThegeneralconditionofeachtreewill be evaluated following the International Society ofArboricultureratingsystem. The Tree Risk Assessment will be based on the ANSI A300 Part9standards.
Tree Condition Rating
Excellent (ISA Rating 100%)
Trees in this class are judged to be exceptional trees possessing the best qualitiesofthespecies. They have excellent form, very minor maintenance issues, withvirtuallynodeadbranches, deformities, or nutritional problems. These trees areinanacceptablelocationandcanbeexpectedtoachieveafullmatureshapeandlifeexpectancy.
Good (ISA Rating 80%)
Trees in this class are judged to be desirable and, with proper maintenance, canbereturnedtoexcellentclassification. They may be interfering with utility lines, planted in an overcrowded location, or have minor insect, pathogen, ornutritionaldeficiencies.
Fair (ISA Rating 60%)
Trees in this category have some or all of the following problems: large deadlimbsrepresentinglessthanone-third of the canopy, large cavities in the trunk, major deformities, girding roots, obvious insect, pathogen, or nutritionalproblems.
Poor (ISA Rating 40%)
Trees in this group are in degraded condition with irreversible problems. Thesecanincludedeadbranchesrepresenting50% or more of the canopy, drasticdeformities, multiple trunk cavities, and severe insect, pathogen, or nutritionalproblems.
Removal (ISA rating of <40%)
Trees in this category are either already dead or in such poor condition thatremovalisrequired. These trees have over 90% dead branches and/or havecompletelysuccumbedtoinsects, pathogens, or nutritional deficiencies.
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TREE CARE MAINTENANCE
Maintenance Priority
Priority 1
Removal
Defective trees, dead trees, hazardous trees that must be removedimmediately.
Priority 2
Removal
Trees that should be removed, but do not as great of a liability as PriorityOneTreeRemovals.
Priority 3
Removal
Trees that should be removed but pose minimal liability to persons orproperty (i.e. small dead trees, failed transplants, large trees that arepoorlysitedorinferiorqualityandposeminimalthreattocommunity)
Priority 1
Prune
Trees that require removal of hazardous deadwood, hangers, brokenbranches, dead, dying or diseased limbs greater than 4 inches in diameter.
Priority 2
Prune
Trees that have dead, dying, diseased or weakened branches between 2and4inchesindiameter.
Maintenance Recommendations
Routine
Prune
Large
Trees that require routine horticultural pruning to correct structuralproblemsorgrowthpatternobstructingtrafficorinterferingwithutilitywiresorbuildings. Trees in this category have characteristics that couldbecomerisksifnotcorrected.
Routine
Prune
Small
Trees that are small growing (20 feet or less in height), mature and can beevaluatedandprunedfromtheground.
Training
Pruning
Young trees that are under 20 feet in height that must be pruned to correctoreliminateweak, interfering or objectionable branches in order tominimizefuturemaintenancerequirements.
Plant Location of vacant planting sites.
Tree
Stump
Removal
Location of tree stumps. Trees identified into two size categories: 0” -6” 7” or >
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PROJECT OPERATIONS PLANEveryprojectperformedbyArborPro, Inc. is managed on a grid-by-grid basis. We will utilizepredeterminedneighborhoodsorCitygridstomanagetheproject. If the City does not utilizeasetgeographicgridsystemwewillcreateourownGridsystem. By segregating out a large-scale project into smaller manageable units, we can properly manage the project. This holdsArboristsaccountablefortheworkintheirassignedarea. We will not miss trees or potentialvacantsites, and we will complete the project with an organized and proactive approach. Each Arborist will complete the neighborhood assigned; we will perform all QA/QCproceduresonthegrid, and then deliver the data to the client. Below is a sample map of theClevelandneighborhoodsweareproposingtouseforthatinventoryproject. The City ofChulaVistawillhavereal-time access to ArborPro Enterprise 2.0 for the duration of theproject; this provides the ability for the client to review data for oversight review andtracking.
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This systematic approach prevents missed trees and maintains data quality. Any issues withinagridcanbeefficientlyresolvedatasmallerscale. Hazardous trees identified during theinventorywillbetaggedon-site for prompt follow-up. Upon completion of eachneighborhood, ArborPro will provide the City with summary reports and comprehensivemaps.
WEEKLY PROCESS AND REVIEWEveryArborPro, Inc. client receives a tree inventorysummaryreportonaweeklybasis. This reportincludesadetailedsummaryofareascompleted, characteristics summary and charts, speciesfrequencyreport, etc. To the right is the cover sheetofatreeinventorysummaryreportrecentlysenttoNewRochelle, NY. This report is sent to each clientonTuesdayofeachweek, it includes all the workcompletedontheprojectthroughthepreviousweek. There is a link highlighted yellow, this is thelinktoourCommunityViewer. By clicking on thislink, the City staff can access the data through aread-only access portal. This link can be sharedthroughouttheclient's team or with the public ifdesired.
Below is a screenshot of the Community Viewer from the Summary Report link above.
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CLIENT PROJECT REVIEWOursuccess, especially in regards to large-scale municipal tree inventory projects, is based onconstantreviewandclientcommunication. With this in mind, we share data with our clientsonanongoingandreal-time basis. We have shown in the previous section how we deliverweeklysummaryreportstotheclientincludingalinktotheCommunityViewer. Following the initial two weeks of data collection, we will provide the City with all collecteddata. We will plan a field meeting to review the data regarding species identification, condition assessments, maintenance recommendations, etc. While we plan to meet weeklythroughouttheproject, this first review meeting will ensure that our staff is on the same pageastheCity’s expectations. The City of Chula Vista will have full access to the ArborPro Enterprise 2.0 system for theentiretyoftheproject. City staff, selected by the City's primary stakeholders, will receive fullaccesslicensestoArborProEnterprise2.0 from day one of the project. We will train the teamtoutilizetheprogramforreviewingourdataset. ArborPro, Inc. believes the more communication and collaboration we have with theappropriateclientstaffresultsinthehighestqualityproduct. We promote client access toourstaffanddatathroughouttheproject. We would like City staff to review the data, especially in the first few weeks, to make sure that our assessments meet the standards of theCityofChulaVista. We have found that certain clients may have different opinions on right-of-way determinations, condition assessments, maintenance recommendations, etc. If theclientreviewsthedataatthebeginningoftheproject, we will create an open line ofcommunicationandprovidetheCitywiththedesiredresults.
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QUALITY ASSURANCEWithovertwodecades of experience providing GIS-based tree inventories for municipalitiesusingtheArborProSoftwareSuite, we have developed a robust Quality Control Plan. Recently, ArborPro, Inc. has significantly enhanced its QA/QC program to ensure the highestdataintegrity. Our Program includes a multi-layered approach, developed explicitly withredundanciestoidentifyerrorsinourdatacollectionprocess. The process includes ongoingtraining; when errors are identified, we discuss the errors with field staff so that we learnfromourmistakesanddonotcontinuetomakethesamemistakes. The first stage of our QA/QC process involves the field Arborist reviewing their data daily. Our program, ArborPro Enterprise 2.0, has built-in complex queries to review data. TheArborist, at the end of each work day, runs a series of queries to identify missed fields, specieserrors, etc. Identifying errors on the day the data is collected allows us to catch the majorityoferrors, many of which are data entry-related errors. Some of the queries utilized by theArboristincludebutarenotlimitedto:
Condition vs. Recommended Maintenance (e.g., verifying no discrepanciesbetweentreeconditionandpriorityrecommendations)
No Duplicate Addresses
Species Review – confirming all species are regionally appropriate
Height vs. DBH Checks
Null Data FieldsThesecondstageofour program is performed by our QC data manager. She conducts dailyreviewsof100% of collected data, identifying any entry errors or anomalies. Her reviewincludesright-of-way concerns, addressing reviews, and additional species reviews, amongotherproject-specific reviews. Based on her findings, she creates work orders for itemsneedingfurtherfieldreview, which are then sent to the Project Manager or QC Field Managerforresolution. Below is a sample map of a QC review report for the City of Kansas City project.
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Our QC Data Manager provides the management team with a weekly QC report that includesanarboristscorecardwitherrorsidentifiedbyerrortype. Below is a QC report for the KansasCityprojectfromtheweekending02/01/25.
Name Accuracy
QC
Points
Total
Error
Other
Error
Location
Error
Size Error Recmaint
Error
Minor
Error
Species
Need
Review
Bryan Lehnig 96.8% 311 10 10 0 0 0 0 25
Chris Mayer 100.0% 192 0 0 0 0 0 0 0
Shane Jones 100.0% 312 0 0 0 0 0 0 5
Dakota Blankenship 96.4% 1029 37 10 22 0 1 8 32
Michael Dupont 78.8% 325 69 7 62 1 0 3 39
Joshua McFadden 98.7% 684 9 4 1 0 4 0 2
Richard Sulley 100.0%2 0 0 0 0 0 0 0
Richard was performing QC on other Arborist locations
Elizabeth Perkins 93.7% 524 33 3 29 0 1 0 1
Thaddaeaus Aikenhead 97.8% 1114 25 6 15 2 4 0 0
Dustin LaRue 96.5% 517 18 5 5 3 8 0 20
Total 96.06% 5098 201 45 134 6 18 11 124
Species identified require review are not confirmed errors
QC Report WE02-01 - Kansas City, MO
Collector Report
Our goal is to reach a 98% accuracy level for each project. If an employee in any given weekhasanaccuracyscorelowerthan95% we will review all of the data from that employee forthepreviousweek. Often, there are trends that are easily identified and can be corrected; wealsoapplyaweightfactortothetypeoferror. For example, species, condition, andrecommendedmaintenancedeterminationsareconsideredmoresignificanterrorsthanlocationerrors, which may be parkway size, etc. All errors are significant and must becorrected, but certain characteristics data are scored higher than what may be considered alowerconcernerror. Our QC Field Manager and Species Specialist spends the first few weeks of every new projectwiththedatacollectionteam. He has a comprehensive knowledge base of the USDAHardinessZonewhereChulaVistaislocated. He provides the entire team with a speciesreviewforeachnewprojectpriortotheArboristsbeginningaproject. Even though our teamwillbefamiliarwiththelocalspecies, we find that each locale has specific species, in manycasescultivarsthatthedatacollectorshavenotseenbefore. This proactive approachalleviatesmanypotentialspecieserrors. Competitors that have not completed large-scaleprojectssimilartothisprojectwilloftennotproperlypreparetheirteamwithregardstolocalspeciesandpests; this will result in a lower quality product for the client.
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Field ReviewTheQCManager also will perform random field reviews of the data collection areas for thefirst30-60 days of a large-scale project. We typically take a random sample of 20% of eachArborist’s data to identify any field errors. He will identify trends if any Arborist seems tohavechallengeswithcertaindatafieldsorspeciesandwillworkwithhim/her to remediatetheissues. Our quality control team meets with field teams every Tuesday and Thursday to reviewprojectupdates, address field issues, and discuss safety protocols. These sessions provide anopportunityforteammemberstoshareinsights, raise concerns, and reinforce project goals. Additionally, the Project Manager holds focus group meetings to address specific projectchallengesandoutlinetheworkplanforthecomingweek.
Below is the Chula Vista inventory that we have uploaded into ArborPro to review.
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City of Chula Vista, California : Tree Inventory & Urban Forest Management Plan Development
Daily Project MonitoringArborProtrackseachdatacollector’s daily progress on a centralized tracking sheet, recordingthenumberoftreessurveyedandmaintainingacumulativecountastheprojectadvances. This tracking data is shared with the client weekly, providing a clear view of daily and overallprogress. We can also provide daily starting locations for all arborists if needed, along withanyissuesidentifiedinthefieldfromthepreviousday. This level of communication ensuresaccuracy, supports budget planning, and allows for immediate resolution of any concerns, ensuring high-quality results.
Communication PlanEffectivecommunicationis critical to the successful execution of the City of Chula Vista’s treeinventoryproject. Our team will implement a structured communication framework toensuretransparency, alignment, and timely decision-making throughout the project lifecycle.
1. Primary Points of Contact
Project Manager Mason Burdick, responsible for overall project coordination, deliverables, and client communication.
City of Chula Vista Urban Forestry Lead: We will request the contact information fortheprimarycityliaisonoverseeingprojectprogressandintegration.
GIS/IT Coordinator: Brice Zoungrana , responsible for ensuring compatibility withESRIArcGIS.
Field Crew Supervisor: Richard Sulley, ensuring daily data collection updates andqualitycontrol.
2. Communication Methods & Frequency
Project Kickoff Meeting Establish objectives, workflow, and expectations One Time City Staff & ArborProTeamWeeklyProgressMeetingsStatusupdates, issue resolution, and coordination, TreeInventorySummaryReportreview Every Week City Staff & ArborProTeamGIS/Data Integration Check-ins Ensure smooth transition into ESRI ArcGIS & CityWorks Monthly Brice Zoungrana & City IT Team
Field Team Daily Reports If Requested our Arborist Team will email our startinglocationforeachArborist, and also notate any issuesfromthepreviousday Daily Arborist Team & Primary ClevelandContactQuarterlyPresentationsShareprojectprogress, challenges, and key insights Quarterly ArborPro Management Team & CityLeadership, StakeholdersFinalReviewMeetingPresentfinaldataset, findings, and recommendations At ProjectCompletion ArborPro Management Team & CityLeadership, Stakeholders
3. Data Sharing & Reporting
ArborPro Enterprise 2.0 Access: The city will have real-time access to the data at alltimes.
Interim Data Deliverables: Periodic dataset uploads in agreed formats (Shapefiles, CSV, or GeoJSON). We have found that monthly updates work well.
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4. Issue Resolution & Escalation Protocol
First Level: Field Crew Supervisor resolves minor issues
Second Level: Project Manager reviews and makes operational decisions.
Third Level: City of Chula Vista representatives are engaged for high-impactdecisions.
By maintaining clear and consistent communication, we ensure a seamless workflow, efficientproblem-solving, and successful integration into Chula Vista’s urban forestry systems.
Tree Inventory Data DeliverablesTheCityofChulaVistacanaccess the inventory on ArborPro Enterprise, our cloud-basedinventorymanagementsoftware, which is accessible on any web-enabled device via a webbrowser. The tree inventory database will be delivered to the City in a GIS geodatabaselayer(s) for upload into the City’s Esri ArcGIS platform. Deliverables are also available in thefollowingformats: ESRI Shapefile, Microsoft Access, XML, Google Earth’s KML, MicrosoftAccess, and Excel.
Metadata Compliance and DocumentationOurteamwillprovideacomprehensive metadata reference for all delivered data inaccordancewiththeFederalGeographicDataCommittee (FGDC) standards. The metadatawillbestructuredtoensurethattheCityofChulaVistacanseamlesslyintegrate, interpret, and manage the dataset within ESRI ArcGIS, CityWorks, and other GIS platforms.
Metadata Structure & ComplianceWewillcompilemetadatafollowing the latest FGDC-endorsed standards, specifically theContentStandardforDigitalGeospatialMetadata (CSDGM) v2 or the more recent ISO 19115standard, as required. The metadata will include:
1. Identification Information
o Title, description, and purpose of the dataset
o Geographic extent (bounding coordinates)
o Keywords and themes (e.g., urban forestry, tree inventory, canopy assessment)
o Data sources and acquisition methods2. Data Quality Information
o Accuracy of location (GPS precision and coordinate reference system)
o Attribute accuracy (tree species, condition, maintenance needs, etc.)
o Data collection date and methodology
3. Spatial Reference Information
o Coordinate system and projection
o Horizontal and vertical datum4. Entity and Attribute Information
o Definitions and descriptions of each data field (species, DBH, condition, etc.)
o Coded values and domains where applicable
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5. Distribution and Access Information
o Data format (Shapefiles, GeoJSON, FGDB, or other requested formats)
o Data sharing protocols and access permissions6. Metadata Maintenance & Update Process
o Versioning and update history
o Contact information for future inquiries
Metadata DeliverablesAttheconclusionofthe project, the following will be provided to the City of Chula Vista: Comprehensive FGDC-compliant metadata file in XML, HTML, or TXT formatMetadataembeddedwithinESRIArcGISdatasetsfordirectaccessibilityMetadatareportdocumentsummarizingkeyattributes, methodology, and compliancedetails
By adhering to FGDC standards, we ensure that the dataset is fully documented, interoperable, and meets the highest geospatial data quality standards for long-term urbanforestmanagement.
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City of Chula Vista, California : Tree Inventory & Urban Forest Management Plan Development
URBAN FORESTRY MANAGEMENT PLAN DEVELOPMENTAsaleadingurbantreeinventoryandconsultingfirm, ArborPro recognizes the importanceofintegratingtheUrbanForestryManagementPlan (UFMP) with broader climate-basedinitiatives, if currently in place. We are committed to collaborating with the City of ChulaVista's various departments to ensure our work aligns with existing strategies and enhancesregionalpartnerships. The RFP specifically refers to the UCSD Management Plan as an example;
we are currently completing a Management Plan for UCLA based on the UCSD plan. We are
extremely familiar with this plan and are more suited to provide the City with this data set based
on the fact we are currently utilizing that example for a client.
Upon completion of the tree inventory, ArborPro will create a comprehensive Urban ForestManagementPlan (UFMP) grounded in the findings from our detailed tree inventory, thatencompassesalltrees, stumps, and potential planting sites within the public rights-of-way intheCityofChulaVista. Our objective with this plan is to align with the City’s vision ofrestoring, growing, and diversifying the urban tree canopy while effectively managinghazardous, diseased, and invasive trees. This plan will provide actionable updates andrecommendationstosupporttheCity’s long-term vision for a healthy, resilient urban canopy.
With decades of experience in tree maintenance operations, our key staff—including OscarCorveraandTimClancy—bring deep expertise in municipal tree care, drawing on theirhands-on experience running tree crews and implementing safe, effective maintenancestrategies. This experience and insight will be instrumental in creating tailored maintenancepoliciesforChulaVista’s urban forest.
Our analysis of urban forests will encompass critical factors like water and air quality, thereductionofurbanheatislands, energy savings, stormwater management, carbonsequestration, and human health impacts, thereby demonstrating the comprehensiveenvironmentalbenefitsofurbantrees.
Additionally, we are dedicated to developing and implementing an ongoing maintenanceprocessfortheurbanforestryinventory. This includes creating an easy-to-use interface, comprehensive training materials, and thorough documentation to support consistentupdates.
In our community-informed sections of the management plan, we will provide a transparentlistofindividualsandgroupsconsultedfortheirexpertise. This will include stakeholders, citypartners, local organizations, businesses, and community members who helped shape theplan.
Finally, we prioritize effective communication and engagement. All non-operational reports, dashboards, and plans created by ArborPro will be tailored to be accessible and meaningfulfordiverseaudiences, local stakeholders, residents the Mayor and councilmembers.
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MANAGEMENT PLAN OUTLINEAtaminimum, our UFMP will cover the following key areas:
Executive SummaryWewillbeginwithaconcise executive summary that highlights the Urban ForestManagementPlan's primary goals and objectives.
IntroductionOurintroduction will offer context about urban forestry's critical role in urban planning andsustainability, aligning with the interests of Chula Vista.
Historical OverviewWewillprovideathorough overview of Chula Vista's municipal code and existing urbanforestpolicies, as well as any historical context that may influence current practices.
Statement of PurposeThepurposeoftheUrban Forest Management Plan will be clear and focused, emphasizingourcommitmenttopreservingandenhancingChulaVista’s urban forest.
Synopsis of BenefitsWewilldetailthevarious benefits that Chula Vista’s urban forest provides, from ecologicaladvantagestosocialandeconomicimpacts.
Safeguarding Life and PropertyOurplanwillincludestrategiesfor ensuring the safety of residents and property througheffectivetreemanagementpractices.
Program AdministrationWewilloutlineaclearadministrative structure to facilitate efficient management andoperationsoftheUrbanForestManagementPlan.
Strategic Tree Resource EnhancementOurstrategiesforenhancingtreeresources will prioritize sustainability, diversity, andresilienceagainstpestsanddiseases.
Program Management and MonitoringWewilldevelopspecifictasksandactions for ongoing program management and effectivemonitoringprocessestoensureadherencetoplanobjectives.
Forest Conservation PoliciesOurpolicieswillreflectcommitment to conservation, biodiversity, and the protection ofnativespecieswithintheurbanforest.
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Tree InventoryWewillconduct a comprehensive review of the tree inventory, which will allow us to assesscurrenttreeconditions, species diversity, and overall forest health.
Tree Pruning and RemovalWewillestablishclearguidelines for tree pruning and removal to maintain safety andpromotehealthygrowth.
Trees’ Second LifeWeplantoincorporate innovative solutions for salvaging urban wood and recycling it forcommunityuse.
Capital Improvement ProjectsWewillguidetheplanninganddesign phases of capital improvement projects to integratetreepreservationbyoutliningpre-construction requirements.
Protection During ConstructionOurmanagementstrategieswillemphasize rigorous protection protocols for trees duringconstructionanddemolitionactivities.
Tree MaintenanceWewillensuremaintenance practices are in place to support tree health throughoutconstruction.
Damage ReportingWewillimplementclear procedures for reporting tree injuries, ensuring timely andeffectiveresponses.
Contractor AccountabilityWewillclarifyresponsibilities and penalties for contractors to enforce compliance with treepreservationstandards.
Urban Forest Restocking and PlantingOurplanwillincludestrategiesforurban forest restocking, effective tree plantingguidelines, and careful selection of species suited to the local environment.
AppendicesWewillcompile essential definitions, tree lists, and a bibliography to support our findingsandrecommendations.
Community EngagementWearecommittedtoenhancing community involvement through surveys and town hallmeetings. Engaging Chula Vista constituents will ensure their voices are heard andincorporatedintothemanagementplan.
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Project DurationWefullyunderstand the timeline expectations and will dedicate our efforts to complete thetreeinventoryandplandevelopmentwithinninemonthsoftheNoticetoProceed, wellbeforethespecifiedtwo-year period.
At ArborPro, our mission is to empower communities through effective urban forestmanagementthatbalancesgrowthwithenvironmentalstewardship. We look forward to thepossibilityofworkingtogethertoenhanceChulaVista’s urban forest.
Additional Areas to Address: We strongly advise that the City consider enhancing theManagementPlantoincludeamorecomprehensiveanalysisofthedataandtheUrbanForesttoformalizeastrongManagementPlanfortheCityforyearstocome. With the funding fromtheInflationReductionActmanyCitiesareutilizingthefundstochangetheirUrbanForestManagementProgramfundamentally. With the assistance of ArborPro, our technology, tools, and experience, we can provide the City of Chula Vista with a road map for a sustainable andcomprehensivelong-term plan. Some other key points we would suggest to address if fundsallowinclude:
Urban Tree Canopy AssessmentReviewofCurrentOrdinancesRFPandMaintenanceContractReview for outsourcingCommunityEngagementProgramPublicAccesstoTreeInventoryCompleteEcoBenefitsAnalysis5-Year Tree Maintenance Budget
These are just recommendations. We will first meet with the City Stakeholders to determinethesectionsthatyouwouldlikeustoaddress.
Plan ImplementationToensurethesuccessful execution of the Urban Forest Maintenance Plan, ArborPro will workwithChulaVista’s City staff to design a clear and efficient team structure. This structure willidentifykeymanagementroles, define responsibilities, and outline the workflow required forimplementingtheplan’s recommendations. Input from Chula Vista’s City staff will be integraltotailoringthisstructuretoexistingresourcesanddepartmentalcapacities. ArborPro willalsoprovidetrainingforallrelevantCitystaff, including field crew training on data entry andtreecareprocedures, administrative training for report generation and data management, and public engagement strategies to foster community support. By equipping City staff withtheskillsandresourcesneeded, ArborPro aims to ensure the plan’s goals are met with highstandardsofqualityandconsistency.
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We utilize Microsoft Projects to schedule and implement our municipal Management Plans. We will provide the necessary City staff with access to our project documents. Below are acoupleofscreenshotsoftheCityofHermistonProjectsplancurrentlyinuse.
Community OutreachIfdesired, we will work with the City Public Relations staff to release statements andinfographicsupdatingthepublicontheprogressofthereport. These can be shared on theCitywebsiteorthroughsocialmediaoutlets. The following is an infographic that the City ofNewRochelle, New York, will post on its social media platforms.
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City of Chula Vista, California : Tree Inventory & Urban Forest Management Plan Development
DeliverablesInitially, we will prepare a draft Urban Forest Management Plan for the City’s review andfeedback. To facilitate a collaborative process, our team will then conduct a meeting with Cityrepresentativestopresentasummaryoftheplan, discuss its contents, and gather valuableinsightsandfeedback. Following this meeting, we will make the necessary updates to the TreeManagementPlanbasedontheinputreceived. Next, ArborPro will host and facilitate astakeholderreviewofallthepreviousupdates.
Final PlanArborProunderstands that the Urban Forest Management Plan will undergo revisions basedonfeedbackfromCitystaff, the City Council, and community groups. We are committed to aninteractivedevelopmentprocess, working closely with Chula Vista representatives toincorporatefeedbackateachstage. Revised copies of the plan will be provided in a timelymanner, allowing for review and input as the plan evolves. Our goal is to deliver a final, comprehensive plan that equips the City with the tools, documentation, and actionablestrategiesneededtoeffectivelymanageandenhancetheurbanforest. This plan will serve asafoundationaldocumentforChulaVista, ensuring that the City’s urban forest remainshealthy, safe, and sustainable for years to come.
We are excited to partner with the City of Chula Vista to enhance its urban forest andcontributetoagreener, healthier community.
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ADDITIONAL SERVICES - EMERGING TECHNOLOGIES
ArborPro, Inc. is maintaining its mission to stay at the forefront of technology driven solutionsforUrbanForests. We are utilizing drones with lidar, multi spectral and geothermaltechnologytoassistourclientswithdetailedaerialassessmentsandurbantreecanopyassessments. Our team also has a sonic tomography tool that can provide our clients with anMRIofthetreetrunk. We recently performed a comprehensive survey, including sonictomographyreadingsforanEucalyptusgroveatUCBerkeley. Below, is a sample readoutfromsomeofthetreesassessed. We can utilize these tools and techniques to assist the CityofChulaVistawiththefuturemanagementoftheUrbanForest.
With our fleet of drones, we can provide the City with an amazing array of technology-drivensolutionsforthelong-term maintenance of the Urban Forest. We are currently working withtheCityofAsheville, NC which was recently devastated by Hurricane Helene. With ourdrones, the ArborPro software suite and AI technologies we are helping the City assess thedamagetotheUrbanForestandalsodomodelingandprogressionstatisticstoidentifyareasthatwillneedtobeaddressedandthebestlongtermsolutionsfortheCity.
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2D Image of Holt Avenue Neighborhood
3D Image of Holt Avenue Neighborhood
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TREE CANOPY ASSESSMENTWhilenotrequiredintheRFP we would like to offer a Tree Canopy Assessment. We haveincludedalineiteminoptionalservicesintheCostsectionofthisresponse.
ArborPro will assess the extent of tree cover and pinpoint areas where tree planting orconservationeffortsareneededtoenhanceecosystemhealth, reduce urban heat islandeffects, and improve residents' quality of life. We will evaluate the costs and benefits of thetreecanopy, considering its impact on shade equity, urban heat, environmental health, socialfactors, and economic indicators.
ArborPro will utilize high-resolution aerial multispectral imaging and LiDAR point cloudtechnologytocarryoutadetailedtop-down tree canopy assessment and land coverclassificationintheCityofHayward. The canopy assessment offers valuable insights into thedistribution, density, species composition, and overall health of the tree canopy within adefinedarea, such as a city, park, or forest. This data is instrumental for urban planning, environmental monitoring, conservation projects, and guiding land use and developmentdecisions.
The methodology for determining tree canopy cover and land use classes will involve severalkeysteps: segmenting the aerial imagery, training machine learning algorithms to identifyrelevantfeatures, and applying these algorithms across the entire city for feature detectionandimageclassification. Additionally, a vegetation mask will be created to effectivelydifferentiatebetweenvegetationandnon-vegetation.
A canopy height model will be generated from LiDAR datasets, and LiDAR and aerial imageryproductswillbeintegratedtoenhancetheaccuracyofthetreecanopycoverassessment (Figure A).
Accuracy will be evaluated using a confusion matrix and a Kappa coefficient. The confusionmatrixisatablethatcomparesmodelpredictionswithactualdatasetvalues, providinginsightsintotheperformanceoftheclassificationalgorithm. Ground truthing will beconductedduringtheinventoryprocessandincorporatedintotheaccuracyassessment. Tofurthervalidatetheresults, the Kappa coefficient, a statistical measure of agreement betweenratersorvariables, will be used. The expected accuracy is anticipated to exceed 95%.
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Figure A: Illustration of the Top-Down Workflow for Urban Tree Canopy Assessment
Additionally, a bottom-up assessment conducted during the inventory process will documenttreecharacteristicsandbespatiallylinkedtothetop-down assessment. All spatial datasetswillbeprovidedwithFGDC-compliant metadata.
We prioritize making this data accessible to all stakeholders. The information from ourresourceassessmentwillbeavailableinGISformat, ensuring easy access. Additionally, wewillofferapubliclyaccessibledisplayplatformthroughArborPro’s Tree ManagementSoftwareCommunityViewer, allowing users to interact with the data without requiring GISsoftware. Please refer to the software section for more details. Our goal is to ensure thisinformationisreadilyavailabletosupportinformeddecision-making and foster communityengagement.
Below are some screenshots showing the Tree Canopy data in ArborPro, the first screenshotshowsthepolygonareasbasedonCensusdatablocks. The second screenshot shows a moredetailedbreakdownoftheCanopycoveragebyindividualtreepointsandothernoncityownedtreesandvegetation. The data can be represented and changed by the user based onthecolorcodingordesiredrepresentationofthedatasets.
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ANALYSIS AND REPORTSUponcompletionoftheUrban Tree Inventory and Tree Canopy Assessment, ArborPro willestimateandreportonthecanopycoveragefortheurbanareasoftheCity, providing adetailedbreakdownoftheproportionofcanopybyspecies. We will utilize ArborPro’sSoftwareeconomicanalysistooltoevaluatethecompletedinventory, summarizing theeconomicandecosystembenefitsoftheurbanforest. This will include factors like carbonavoidancethroughshadingofbuildings, carbon sequestration, forest fragmentation, and, iffeasible, historical canopy changes.
We will create an annual inventory analysis report template tailored to the City’s query andreportingpreferencesandwillconductananalysisreporttoreflectthecurrentstatusoftheurbanforest. Based on identified maintenance needs, we will develop recommendations forfutureactions. ArborPro will collaborate closely with City staff to prepare and present acomprehensiveoverviewofourfindings, illustrating the dynamics of the urban forest, itsvalue, and its future needs. All analyses, the annual report template, and the work plan willbecompiledintoasinglecohesivereportdocumentforeasyreference.
The Urban Tree Canopy Assessment will analyze and map the current Tree Canopy inconjunctionwiththeAssessmentfortheareaandprovidepercentagestatisticsonexistinglandcoverutilizingclassificationsinTask2. We will record web-based training sessions andmaketheserecordingsavailableuponrequestforfurthereducationandunderstanding.
A planting plan will be developed based on our canopy equity analysis, urban heat mapping, as well as land cover and tree canopy coverage assessments. Our Project Report will includeaclearformatforthefinalreport, featuring resulting data, analyses, and descriptions that aresuitablefortheCity’s Urban Forest Management Team, municipal leadership, and the generalpublic. The report will be designed to be concise and easily readable for all citizens. We willprioritizetheuseofgraphics, tables, charts, informational boxes, and bullet lists to conveymessageseffectivelywhileminimizinglengthyparagraphsandcomplexsentences.
While the report will contain the necessary information, we aim for it to be fewer pages withanunclutteredappearanceforoptimalreaderengagement. The report will comprehensivelyaddresstheassessmentandanalysisoutlinedintheprevioussectionsofthisscope. ArborProwillprovidearoughdraftforreviewandfeedbackfromCitystaff, ensuring that any editsmadealignwiththeCity’s expectations for the final project report.
PROJECT SCHEDULEArborPro, Inc. will complete the tree inventory data collection for the City of Chula Vistawithin6monthsofthestartdateoftheproject. The Management Plan will take an additional3monthstocomplete. The entire project will be completed within 9 months of the notice toproceedwellbeforetheduedataprovidedintheRFP.
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PROJECT STAFFArborPro, Inc., is dedicated to delivering the highest-quality results by relying on our in-houseteam. ArborPro ensures complete control over quality and data consistency ensuring aseamlessfinalproduct. While the RFP requests at least one ISA Certified Arborist on the
project, ArborPro will have all data collected by ISA Certified Arborists. Our team of full-time professional arborists has years of experience working together onlarge-scale urban forestry projects, ArborPro has the capacity to expand our field team withadditionalhighlytrainedarborists, ensuring all project timelines are met. For the duration ofthisproject, all ArborPro data collectors will be based locally in Chula Vista to facilitate timelyprogressanddedicatedservice.
OSCAR CORVERA, OPERATIONS MANAGER
Certified Arborist No. WE8225AUM, Certified Municipal Arborist, Certified Utility
Specialist, TRAQ Certified
Oscar R. Corvera will serve as the Operations Manager for the CityofChulaVistaproject, ensuring its success through hands-onoversightandstrategicmanagement. Oscar will oversee allaspectsofprojectexecution, maintaining the highest standards ofqualityandintegrity. He will participate in all meetings with theCity, conduct weekly reviews of QA/QC reports, and closelymonitorprojectmilestonesandprogresstoensuretimelycompletion. Oscar will be the lead on the Management Plan andwillworkwithProjectManager, Mason Burdick, to assure thetreeintentoryprojectiscompletedontimewiththehighestlevelofqualityassurance. Oscar is a highly skilled professional with over 23 years ofexpertiseinArboriculture, Vegetation Management, and theLandscapeIndustry. His extensive background spans operationsmanagement, business strategy, large-scale mobilization, utilityvegetationmanagement, and the development of strategic partnerships. He brings a wealthofknowledgeinprojectleadership, with a proven track record in successfully managingcomplex, high-stakes projects.
Certified as an ISA Arborist for over 20 years, Oscar holds additional certifications as a UtilityArborist, Municipal Arborist, and Tree Risk Assessor. His comprehensive skill set is furthercomplementedbyover20yearsofexperienceasaCPR/First Aid Instructor and instructorcertificationsinScubaDivingandmaritimeactivities. Throughout his career, Oscar has collaborated with more than 300 public agencies, municipalities, and private entities across the United States. His experience includes leadinglarge-scale projects, such as the Hurricane Katrina Clean-Up and Recovery Efforts, where he
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managed over 500 contractors and directly supervised 150 field managers and supervisors, ensuring efficient coordination and successful outcomes over a two-year period.
MASON BURDICK – PROJECT MANAGER
ISA Certified Arborist & Data Collector, ISA CERT # WE-13457A TRAQ, Utility SpecialistMasonBurdickisadynamicprofessionalwithaBachelorofScience inEarthSciences, specializing in Environmental Geology, from theUniversityofCaliforniaSantaCruz. Since joining ArborPro in June 2018, Mason has demonstrated exceptional growth, starting as a VegetationManagementPre-Inspector and Tree Inventory Data Collector andsteadilyadvancingtoleadershiproles. With a keen proficiency in G.I.S. data collection software and a Certified Arborist designation since 2021, Mason brings a wealth of expertise in tree inventory management andriskassessmenttoeveryproject.
Professional Experience: Initiated as a Vegetation Management Pre-Inspector and Tree Inventory DataCollector, progressing to leading projects. Completed over 60 municipal and university tree inventoriesManagedalltreeinventoryprojectsforArborProforthelast two years, including butnotlimitedtoKansasCityMO, New Albany IN, San Jose CA, UC Berkeley, Colma, AlbanyCA, UCLA and LA County Parks. Obtained Tree Risk Assessment Qualification in February 2022, enhancing expertiseinassessingandmitigatingtree-related risks.
Education: Bachelor of Science in Earth Sciences, Concentration in Environmental Geology, University of California Santa Cruz, 2016
Skills: Proficient in multiple G.I.S. data collection software platforms, ensuring accurate andefficientdatacollection. Comprehensive understanding of tree inventory management principles and bestpractices.
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RICHARD SULLEY – INVENTORY SPECIALIST/RISK ASSESSOR/FIELD SUPERVISORISACertifiedArborist (CERT# NY-6548A), TRAQ
Richard Sulley is a dedicated professional with extensivearboricultureandurbanforestryexpertise. Certified by theInternationalSocietyofArboricultureandholdingthedesignationofCertifiedConsultingUrbanForester, Richard brings a wealth ofknowledgeandexperiencetoeveryproject. With a solid academicbackgroundinEcologyandAppliedEnvironmentalScience, Richardhashonedhisskillsthroughpracticalexperienceandleadershiproles, delivering successful client outcomes.
Professional Experience:
ArborPro, Inc., Certified Arborist (June 2018 - Present) Certified by the International Society of Arboriculture (April 2021) and holds thedesignationofCertifiedConsultingUrbanForester. Has completed 50+ municipal, university, and federal government tree inventoryprojectsoverthelastsixyears. Five years of experience in tree species identification and management, contributingtothesuccessofvariousprojectsundertakenbyArborPro.
Education: Bachelor of Science in Ecology, State University of New York (SUNY), December 2014CertificationinAppliedEnvironmentalScience, Plattsburgh College, New York
Certifications: Certified Arborist, International Society of Arboriculture (ISA), April 2021TreeRiskAssessmentQualified, ISA (TRAQ) December 2023CertifiedConsultingUrbanForester
Skills: Proficient in tree species identification and management techniques acquiredthroughfiveyearsofpracticalexperience. Strong understanding of arboriculture principles and best practices, ensuring thesuccessfulexecutionoftreeinventoryprojects. Excellent leadership and teamwork abilities, demonstrated through successfulprojectmanagementandcollaborationwithdiverseteams. Effective communication and problem-solving skills essential for liaising with clientsandstakeholdersandresolvingcomplexissues.
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KEN GREBY –SPECIES ID SPECIALIST, QC MANAGER
I.S.A. Certified Arborist ISA CERT # WC 0550 TRAQKenGrebyisaseasonedprofessional with a lifelong passion for plantsandtrees. With over three decades of experience in horticulture andarboriculture, Ken brings a wealth of knowledge and expertise to everyproject. Certified as an arborist since 1998, Ken has a proven trackrecordofsuccessinconductingtreeinventoriesandprovidingspecializedinstructionontreeidentificationandcare. As the company’sspeciesspecialistandQA/QC Field Supervisor, Ken is dedicated toensuringaccuratedatacollectionandsharinghisexpertisewithcitypersonnelandresidents.
Professional Experience:
ArborPro, Inc., Species Specialist | Certified Arborist (2005 - Present) Graduated with a Bachelor of Science in Horticulture and a minor in Botany fromCaliforniaPolytechnicUniversity, Pomona, in 1987. Certified as an arborist since 1998, with a focus on tree species identification andmanagement. Led over 250 municipal tree inventory projects. Volunteers at Arboretums, conducting instructional classes for city personnel andresidentsontreeidentificationandcare. Ken was one of the original authors of the book: Recommended Street Trees forSouthernCalifornia
Education: Bachelor of Science in Horticulture, Minor in Botany, California PolytechnicUniversity, Pomona, 1987
Skills: Extensive experience in tree species identification and management, acquiredthroughyearsofpracticalexperience. Proficient in conducting tree inventories and providing specialized instruction ontreecareandmaintenance. Strong commitment to volunteerism and community outreach, demonstratedthroughinstructionalclassesconductedatArboretums. Excellent communication and interpersonal skills, essential for effectively sharingknowledgewithcitypersonnelandresidents. Primary Author of the Recommended Street Trees for Southern California.
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BRYAN LEHNIG – DATA COLLECTORISACertifiedArborist & Data Collector, ISA CERT # WE-14502A, 6000 Series GPS Certified
Dedicated Data Collector with extensive experience in GPS and GIStechnologies, specializing in precise tree assessment datacollection. He has demonstrated his ability to optimize projecttimelinesthroughin-depth knowledge of local species andgeographicareas. Committed to leveraging skills in environmentalstudiestocontributeeffectivelytoconservationinitiatives. Bryan’scombinationofacademiccredentialsandhands-on experiencepositionshimasavaluableassettoanyenvironmentalprojectteam.
Professional Experience:
ArborPro, Inc., Inventory Arborist Certified Arborist (September 2021 - Present) Responsible for ensuring the accuracy of tree assessment data using the ArborPro datacollectionsuite. Contributing full-time expertise to the successful completion of various projects. Bryan has worked on projects for ArborPro throughout the United States, includingbutnotlimitedtoSanFranciscoCA, Lancaster CA, Los Angeles County, Maui HI, SanJose, CA.
PMG Vegetation Control GIS SpecialistAssistedinthedevelopmentof a GIS prototype application system, enhancingvegetationmanagementprocesses.
Education: Bachelor’s in Environmental Studies with a minor in Geographic Information SystemsGraduatedApril2021
Skills: Proficient in GPS and GIS technologiesExpertiseintreeassessmentanddata collectionStrongunderstandingofecologicalsystemsand local speciesExcellentprojectmanagementandproblem-solving abilities
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CHRIS MAYER – INVENTORY SPECIALISTISACertifiedArborist, TRAQ, ISA CERT # WE-14771A
Professional Experience:
ArborPro, Inc., Yorba Linda, CA Certified Arborist (2022- Present) Certified by the International Society of ArboricultureHasworkedonover40municipal, tree inventory projects with ArborPro including butnotlimitedtoLAUSD, Los Angeles County, Thousand Oaks, Malibu, CSU San Marcos
Summary of Qualifications: Demonstrated forestry experience in the field both working alone and in teamsSkilledandexperiencedwithdataanalysisProficientwithMicrosoftOffice
Certifications: Certified Arborist, International Society of Arboriculture (ISA) TRAQ
Related Coursework: Dendrology, Silviculture, Technical Writing, Natural Resource Law and Policy, NaturalResourceMeasurementsandSampling, Forest Biometrics, Watershed Hydrology, andIntroductiontoSoils
Education: SUNY College of Environmental Science and Forestry (ESF), Syracuse, NY Bachelor ofScience: Forest Ecosystem Science Minor in Applied Statistics
Relevant Experience: Senior Capstone Project: Integrated Resource Management, ESF Student ParticipantMay2020January-May 2020 · Utilized prior knowledge of tree speciescharacteristicsandnaturalresourcemanagementtoformatatechnical paper andprepareapresentationonmyresearchConducteddataanalysistoformatresultsandfiguresusedinpaperandpresentationParticipatedactivelyinthepeerreviewprocesswithfellowstudents
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THADDAEUS AIKENHEAD – INVENTORY SPECIALISTISACertifiedArborist, TRAQ, ISA CERT # WE-8848A
Professional Experience:
ArborPro, Inc., Yorba Linda, CA Certified Arborist (2021- Present) Certified by the International Society of Arboriculture (2019) Has worked on 15 municipal, tree inventory projects with ArborPro, mostly in theMidwestincludingtheCityofKansasCityandNewAlbany, IN.
Work Experience: Foreperson healthy trees-Carson City, NV December 2017 to May 2020Consulting, Training, International Society of Arboriculture climbing class instructor, fulltimecrewoperations, safety training and job acquisition.
Manager American Arborists-Reno, NV February 2015 to November 2017Mr. Aikenhead oversaw multiple crews operations, safety, training, and production. Inadditiontothis, I was also responsible for bidding new jobs and projects as well asconsulting, requiring the expertise of a certified arborist.
Hazard Crew Foreperson Asplundh Tree Expert, LLC-Carson City, NV April 2009 toNovember2014Thaddaeusoversawcrewoperations, trained new and advanced climbers, oversaw safety, and removed hazardous trees within 10 feet of energized conductors.
Education: High school diploma Elko High School - Elko, NV August 2000 to June 2004
Skills:
ClimbingTreeCareBucketTruck ExperienceTreeTrimmingCablingRestorationIndustryExperienceMechanicalKnowledgeHorticulture
Certifications and Licenses:
OSHA 10Certified ArboristPesticideApplicator’s LicenseAEDCertificationFirstAidCertificationCPRCertificationForkliftCertificationDriver's License
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Tim Clancy – Canopy Assessor & Urban Forest Plan AuthorISACertifiedArborist (CERT# WE-0806A), ISA Certified Tree Risk Assessor (TRAQ), Independent Consulting Arborist, ASCA Tree & Plant Appraiser Qualified, RegisteredConsultingArborist
Cardiff by the Sea resident, Tim ClancybringsovertwodecadesofexperiencemanagingtreeinventoriesanddevelopingcomprehensivemanagementplansandcanopyassessmentsforclientsacrosstheUnitedStates. His expertise spans his earlyyearsinlandscapemaintenanceinupstateNewYorktohisprofessionalendeavorsinSouthernOntario, Canada. Tim is renownedforhisexceptionalcontributionstourbanforestrymanagement, evidenced by hisrecentachievementsinauthoringUrbanForestManagementPlansandCanopyAssessmentsforprominentmunicipalities.
Professional Experience: Managed over 100 tree inventory projects and crafted management plans for 30municipalclientsnationwide. Received accolades from the New York Department of Environmental Conservation (DEC) for the exemplary quality of the Management Plan, now utilized as abenchmarkforothermunicipalitiesinNewYork.
Key Responsibilities: Provide a full assessment and awareness of the urban tree canopy compositionProvideandreviewtheinformationcollectedbyourteamofarboriststodeterminetheresourcesrequiredtomaintainthetreesinCityParksandrightofway. Create a planting palette of recommended species and, based on field conditions, recommend species to plant throughout the City right of way and Parks.
Skills: Extensive experience in managing tree inventories and developing managementplans. Proficient in analyzing tree survey data and providing actionable recommendations. Strong understanding of urban forestry practices, regulations, and best practices. Exceptional attention to detail and dedication to delivering high-quality results. Excellent communication and collaboration skills, essential for liaising with clientsandstakeholders.
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ADDITIONAL FIELD ARBORISTSBelowisalistofadditionalfieldArborists available for the City of Chula Vista project ifneeded.
Certified Arborists
Name Arborist # Additional Certs
Abigail Silva WE-14913A TRAQ
Andrew Han WE-13220A
Benjamin Pierce WE-13512A TRAQ
Brian Johnson WE-14604A
Caleb Emerson WE-14862A TRAQ
Carlos Perez WE-14303A
Chad Hunt WE-14458AU TRAQ, Utility
Christopher
Cervantes WE-14520A TRAQ
Danny Rodriguez WE-15432A
David Rodriguez WE-15198A
Jesus Perez WE-14590A TRAQ, Utility
Kyle Kohlbrenner WE-15487A
Kyle Ward WE-13835A
Layton Kikuchi WE-13325A TRAQ
Micah Kikuchi WE-13413AU TRAQ, Utility
Nicholas Thornton WE-15590A
Tyler Hughes PN-9647A TRAQ
David Hagyari FL-9998A
Jose Mosqueda WE-11878A
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BRICE ZOUNGRANA –SENIOR GIS ANALYSTSeniorGISAnalyst, Tree Canopy AssessorBriceZoungranaisanexperiencedGISAnalyst adept at managing, analyzing, and visualizinggeospatialdatafromdiversesourcesincludingsatelliteimagery, LiDAR, GPS, surveys, anddatabases. Skilled in spatial analysis, geodatabase design, and project management. Collaborative and committed to excellence, seeking a challenging Geospatial Scientist role toleverageexpertisefororganizationalgrowthandtransformation.
Professional Experience:
ArborPro, Inc., Yorba Linda, CA Senior GIS Analyst (2024 - Present) Utilized project management and drone piloting skills in geospatial analysis formappingandurbantreecanopyassessment.
Education: Graduated with a Doctorate in Geography/GIS from Oklahoma State University in2024. Master of Science in Geography GIS from South Dakota State University 2020MasterofScienceinGeomatics/Project Management from Insitut Superier d’Etudes2016
Skills: GIS Data Creation/Integration Geospatial Analysis Vector & Raster Modeling RemoteSensingCartographyGISProgrammingAdvancedGIS: Resource ManagementApplicationsGPSforFieldResearch
Certificates: Unmanned Aircraft Systems (drones) South Dakota State UniversityGraduateProfessionalDevelopmentSouthDakotaStateUniversityDrillingBasicsNationalGroundWaterAssociationAgileProjectManagementGoogleFoundationsofProjectManagementGoogleProjectInitiation: Starting a Successful Project GoogleProjectExecution: Running the Project GoogleProjectPlanning: Putting It All Together Google
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COSTBelowis the cost to provide all services as specified in the RFP. We have created an easy touseandunderstandablepricingschedule.
The pricing below includes all meetings, schema configuration, documentation materials, etc. We are not going to request any additional compensation for reimbursable items, or hourlyservices, unless the City requests additional services not included in the RFP document. Wehaveincludedadditionalservicesratesforneedsthecomeupbeyondthecurrentscope.
Fixed Fees Unit Quantity Price Total
Tree Inventory & Assessment Services Per Tree 35,000 $6.45 $225,750.00
Urban Forestry Management Plan Lump Sum $24,500.00 $24,500.00
Software Subscription and Training 1 Year $0 $0.00
Total $250,250.00
We understand that the City is not necessarily considering using a new GIS tree inventorysystemaspartofthisRFP. With that in mind, we are offering to provide our software withtotalaccessandunlimitedlicensesforthedurationoftheprojectatnocost. This will providetheCitytheabilitytoreviewthedataasitiscollected, report on progress, print maps, etc. Our program includes unlimited layers, photos, file uploads, and tree points.
Our price proposal is based on a tree count of 35,000. If the tree/vacant site count exceeds35,000 trees, we would expect to be paid the per unit price for the additional sites.
ArborPro can provide the City of Chula Vista with additional services that could be addedbasedonbudgetaryconsiderations. These are services outside of the current RFP scope andshouldonlybeconsideredoptionsthatcanbeprovided.
Fixed Fees Unit Quantity Price Total
Urban Tree Canopy Assessment Lump Sum 1 $17,500.00 $17,500.00
Photo of Each Tree Per Tree 35,000 $0.75 $26,250.00
Software Subscription (following free year) Per Year 1 $9,500.00 $9,500.00
GIS Analyst Services Per Hour $145.00
Software Development Services Per Hour $225
Sonic Tomorgraphy Per Tree $1,500
Drone Services (Lidar, Multi Spectral, Geothermal)Per Hour $225
Arborist Consulting Services Per Hour $175
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RFP SPECIFIC CONSIDERATIONS
Contractors LicenseWithintheRFPdocument there is a requirement for a C27 and D49 license to complete thisproject. In the Q/A addendum, it is mentioned that it is preferred but not required. HavingrespondedtoalmosteveryRFPinthepast10yearsfortheseexactsameservices, we haveneverseentheselicensesrequiredforthework; however, many municipalities would preferthattheconsultingperformingthetreeinventoryandmanagementplannotbeatreetrimmingvendor. This has inherent conflict of interest potential having the tree trimmingvendorfortheCitydeterminingwhichtreesaretoberemoved, how many trees should beplanted, etc. Furthermore, a tree trimming contractor could utilize the Management Plan toincreasetheiryearlycontractamountformaintenancethatmightnotbeinthebestinterestoftheCity.
Bid and Performance BondsTheRFPrequiresabidand performance bond for the contract. We have never seen aperformancebondrequiredforthistypeofservice, but we think it ties back to the request forthecontractor's license. While we will provide the cashier's check for the bid requirementandgetaperformancebondifrequired, we would request that the City reevaluate the needfortheperformancebondbasedonindustrystandardsandtheneedforthisrequirement.
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SOFTWARE
ArborPro’s data collectors will record all required tree attributes directly into our proprietaryArborProSoftwareSuite, which leverages advanced GIS (Geographic Information System) technology to provide users with an immediate, visual representation of any tree. Thissoftwareoffersadynamic, user-friendly platform for real-time data access and management. More information about ArborPro’s software capabilities can be found atwww.arborprousa.com. ArborPro will provide full training for Chula Vista staff, along with ausermanualandongoingtechnicalsupporttoensuresmoothimplementation.
Ease of Use
Designed by a team of Certified Arborists and GIS professionals, the ArborPro Software Suitecombinesinputfromfieldcollectorsandofficemanagerstocreateacomprehensive, intuitiveGIS-based tree inventory system for effective urban forest management. With astraightforwardinterface, the software requires minimal training, making it accessible foruserswithoutextensivetechnicalorcomputerexperience. Additionally, data can beseamlesslybelinkedtoanyothermanagementprogramorGISprogram.
Map View – Integrated Mapping Component
ArborPro’s mapping view provides users with a comprehensive suite of tools to manage andanalyzetreedataefficiently. Key features include Full Extent, Zoom In, Zoom Out, Select Trees, Identify Trees, Create New Sites, Move Trees, Draw Polygons, Add Base Layers, and performSpatialQueries. With the Select Tool, users can easily group trees to access detailedinformationorgenerateworkorders, streamlining maintenance planning and datamanagement.
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Database ViewThedatabaseview from ArborPro is an easy, sortable datasheet. It provides an easy way tofindanindividualorgroupoftreesinthedatabaseusinglocationattributes. Double-clicking, an individual tree brings up the tree detail form.
Tree Detail Form – Tree Sites
The Tree Detail Form provides comprehensive information for each tree, includingattributedataandadirectlinktoGoogleStreetView (when available). All tree attributedetailsarefullycustomizabletomeetspecificclientneeds. Field staff can attach additionalphotosdirectlyfromtabletsorsmartphones, allowing them to document treecharacteristicslikeflowercolororanyobserveddamage. A dedicated notes section enablesuserstorecordanytreedetailsnotcoveredbyexistingfields, and with administrativerights, users can add or modify data fields at any time, ensuring complete flexibility.
Work History TabTheWorkHistorytab stores a complete record of all maintenance activities and scheduledworkforeachtree. Any proposed or planned work orders appear here, allowing users toquicklyaccessandreviewthehistoryorstatusofongoingworkassociatedwitheachtree. The interface also features four key navigation buttons at the top of the form: a link toGoogleStreetView, a print option for detailed reports, a "More Options" tab for datasharingwithassociatesorthepublic, and a link to Google Maps. By selecting Google Maps, users can get real-time directions to the specific tree on their smartphones. Below are sample screenshots from our Tree Detail Form. The first image shows the treedetails, the second highlights the attached photos, and the third displays the Work Historytab. The final image demonstrates the Google Street View integration.
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WORK ORDER MANAGEMENT – WORK MANAGER
Developed by Certified Arborists, ArborPro’s work order system is designed to support fieldcrewswithastreamlined, intuitive interface for completing tasks efficiently. Users cangenerateworkorderseitherthroughadatabasesearchorbyselectingpointsdirectlyonthemap. These work orders are accessible to City crews or contractors on any web-enableddevice, enabling easy field access.
Each tree location on the work order is assigned a unique work number, which is matchedwithcorrespondinglocationnumbersonthemap. This numbering system allows crews toquicklylocatetreesandperformassignedtasks. Field staff can update completed work, including costs, directly from their phones or tablets, with the option to use a mass updatefeaturetoapplychangestomultiplelocationswithoneclick.
For added flexibility, the work order system is accessible through an offline app, allowingcrewstorecordworkcompletionupdateseveninareaswithoutinternetorcellularservice. This ensures continuous functionality and seamless updates to the work order database.
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COMMUNITY VIEWER
ArborPro’s Community Viewer provides the City with a flexible tool to share tree inventorydatawiththepublicordesignatedgroups. The Admin user can select specific trees and datafieldstoshare, allowing for full control over what information is accessible. For instance, iftheCitywishestoprovideacouncilmemberwithaccesstotreesinaspecificdistrict, theAdmincanfilterforthosetrees, select relevant data fields, and generate a shareable link tothatdataset. Many clients also create a complete Community Viewer link for their entire treeinventorytoshareonpublicwebsites.
ArborPro recently implemented this feature for the City of Los Angeles Arboretum treeinventory. Visitors can scan a QR code upon entry, granting them access to an interactive mapthatshowstheirreal-time location within the Arboretum. As they explore, visitors can clickontreestoviewselecteddatafields, such as species information and a Google Street Viewimage. This selective sharing provides a streamlined, informative experience for users whileallowingtheCitytocontroldatavisibility.
REPORTING CAPABILITIESArborProoffersrobustanduser-friendly reporting features that allow users to generate fullycustomizedreportstailoredtotheirneeds. A variety of charts and graphs are available forcleardatavisualization, and reports can be easily printed or saved as PDFs. Users can alsoexportthecompletedataset—or any selected subset—in Excel or CSV format, includinglatitudeandlongitudecoordinates, for integration with other GIS programs.
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E.C.O. Benefits ArborPro utilizes the i-Tree engine to determine the eco-benefitsprovidedbytheurbanforest. Using this system, we apply the U.S. industry standard regarding Eco-Benefit reporting. All of these datafieldsareaccessiblethroughthedetailformonatree-by-tree basis. You can also get a summary of the eco-benefits of grouping trees.
Customization The City of Chula Vista can customize the program's data fields andanyreports. We include a complex query option that allows ourclientstocreatecomplexqueriesandsavethem. While we have asimplequeryoption, for example, search all trees of a certain speciesbasedoncondition, etc. The users that would like to create complexqueriesalsohavethatability.
Pricing We believe that all our clients should have full access to all of theprogram’s capabilities. Therefore, we do not create a menu of optionsforourclients. Once you purchase our product, you receive all of thepowerofArborPro. We have no limit on the number of trees and havenumerousclientswithwellover100,000 trees in their database. OurOfflineprogramisincludedwithnolimitationsondownloadsandtreecounts. The offline system can be downloaded from the Applestorebyanyuser.
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Public Access As previously discussed, our Community Viewer will allow the City ofSarasotatosharethedatapublicly. Importantly, you can share thedatayouchoosetoshare, be that the trees or the data shared by a tree.
Training Our all-in-one price includes unlimited training for all users. We willprovideanon-site training session as requested. Following thattrainingsession, we have a variety of training videos accessiblethroughtheprogram’s dashboard, we have a YouTube site withadditionaltrainingvideos. Web-based training sessions will berecordedandavailabletotheCityuponrequest. We also haveCustomerServiceRepresentativesavailableviaphoneorthroughwebmeetingsforhands-on training throughout the service term.
Additional Layers Our program also allows for adding any other G.I.S. layers, includingparcels, centerline, aerial photos, other asset groups, etc.
Import/Export Our program can import any dataset requested by the client, and atanytime, you can download either the entire inventory or a selectedgroupingfromtheprogram.
Map Features We are currently releasing our map features module, also known asourassetmodule. This allows the user to add any other asset group, such as fire hydrants, street lights, park benches, etc. You will be abletoutilizeallthetoolsaccessibleforthetreeinventorywiththeotherassetgroups. These assets can be collected using ArborPro oruploadedintothesystemthroughashapefileorgeodatabase.
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RFP P13-2025 January 14, 2025
7
GENERAL CONDITIONS
Evaluation
The Purchasing Agent and the Director of Public Works or designee will evaluate responses. The City reserves the right to
reject any or all responses and to waive any irregularity or informality in any response to the extent permitted by law. All
respondents are responsible for reading the attached specifications, terms and conditions, Performance Standards,
General Conditions, and General Provisions, which are considered part of your proposal and any contract awarded.
Award
It is the City’s intent to award this contract to a single contractor based on the primary services (as outlined on
PlanetBids). However, the city retains the ability to utilize alternate contractor/s in the event the awarded contractor
is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive, and
responsible proposal submitter who, in the City's sole judgement, has the necessary experience, skill, business
standing, equipment, staffing, and financial stability to properly maintain the City's proposal. The extent to which the
respondent proposes to subcontract work will also be considered in t h e d ecis ion to a wa rd .
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the response
to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any
or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or
entirely this RFP, if it is in the best interest of the City to do so. The City further reserves the right to waive any
technicalities or minor irregularities in proposals received. The City may require the selected respondent to participate
in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations.
The City shall be the sole judge in determining award of contract.
Prevailing Wage
In accordance with Sections 1773 and 1773.2 of the California Labor Code, the City of Chula Vista has found and
determined the general prevailing rates of wages in the locality in which the public work is to be performed are those
determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-
1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with the City’s principal office and are
available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at
each job site.
Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section 1011 of the
Charter, in the event two or more proposals are received which are for the same total amount or unit price and in
all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that
such tie proposals are all from vendors either wholly inside or all outside of the city, then the contract shall be
awarded by drawing lots in public. In evaluating proposals for award, the City of Chula Vista considers the 1% sales
tax allocated back to the City from vendors located in Chula Vista.
Firm Prices
Prices shall remain firm for services specifically listed for the duration of the project and life of the contract.
PUBLIC DISCLOSURE
All proposals submitted in response to this RFQ become the property of the City and public records, and as such may be
subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.)
records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one
or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255.
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A cover letter should be provided with the Request for Proposal containing a paragraph that states whether or not
Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of
Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential.
In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it.
Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction,
determines that such proposal is a public record requiring disclosure.
Skilled and Trained Workforce
The work performed under this Request for Proposal shall require the use of a skilled and trained workforce pursuant to
Public Contract Code Sections 2600 through 2601 where required by California law.
Payment Terms
Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating proposals for award.
However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount
period. In the absence of terms, payment shall be Net Thirty (30) Days.
Terms: ________%_________Days
Retainage Funds
At any time during the term of the contract for the work subject to this Request for Proposal, the successful proposal
submitter may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained
percentage) in accordance with Public Contract Code § 22300.
Subcontractors
Pursuant to California Public Contracts Code Section 4104, any subcontractor doing work in excess of one-half of one
percent (1/2%) of the total proposal shall be designated in the proposal submitter’s proposal and state the license number
of all licensed subcontractors. Accordingly, list subcontractors performing more than half of one percent (1/2%) of the
total proposal below:
Payment Method
The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see
below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for
invoices.
SUA: Yes No EFT: Yes No
If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the
information below:
Bank ABA #________________________ Bank Account #_______________________
2 10
N/A N/A
Upon Award Upon Award
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Bank Name______________________________
Bank Address________________________________________________________________
Checking or Savings Account ____________________________________________________
Benefits of SUA Virtual Card Payment Program
There are many benefits when accepting SUA payment, including:
accelerated payments that will help reduce days sales outstanding (DSO)
a simplified process that eliminates the cost of processing checks
the ability to reduce administration expenses, account collections and follow-ups
upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days
Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving
100% participation from our valued suppliers.
Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may
want to participate in any award as a result of this proposal. The City of Chula Vista shall incur no financial responsibility
in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing
orders and making payments to the successful respondent. This option will not be considered in proposal evaluation.
Please indicate whether this will be granted.
Yes ________ No ________
Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful
for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the
corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified
without first having procured a license.
California State Contractor's License
C27 and D49 Contractors Licenses are required.
License No.:___________; License Expiration Date: ________; Classification___________
License No.:___________; License Expiration Date: ________; Classification___________
DIR Registration Number is required:
DIR Registration #: Issue Date Expiration Date
Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful
for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the
corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified
without first having procured a license.
Signature: ____________________ Date: ____________________
This page must be completed and returned with response.
1000047487
2/17/2025
6/30/202511/15/2023
Upon Award
Upon Award
Upon Award
N/A N/A N/A
N/A N/A N/A
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CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista
Officer 1 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution
totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision
concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires
disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to
competitively proposal, labor, or personal employment contracts.
A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement.
B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more
than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this
form, or the anticipated date of any Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political
contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any
Council action related to this Agreement?
YES: If yes, which Officer(s): Click or tap here to enter text.
NO:
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any
subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any
actions related to the Agreement.
Company: _______________________ Date: ___________________________
Signature: _______________________ Title: ___________________________
1 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for
elective office in an agency. GC § 84308
ArborPro, Inc.2/17/2025
President
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Public Official Disclosures
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by
the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure
of certain ownerships, financial interests, payments, and campaign contributions must be filed. The
following information must be disclosed:
This page must be completed and returned with proposal.
City of Chula Vista
Disclosure Statement
1. List the names of all persons* having a financial interest in the project that is the subject of the
application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier).
2. If any person* identified in section 1. is a corporation or partnership, list the names of all individuals
with an investment of $2,000 or more in the entity.
3. If any person* identified in section 1. is a non-profit organization or trust, list the names of any
person who is the director of the non-profit organization or the names of the trustee, beneficiary,
and trustor of the trust.
4. Please identify every person,* including any agents, employees, consultants, or independent
contractors, whom you have authorized to represent you before the City in this matter.
5. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract,
project or application, had any financial dealings with an official** of the City of Chula Vista as it
relates to this contract, project or application within the past 12 months? Yes____ No____
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
N/A
ArborPro, Inc. / Keith Hennig (Owner)
Keith Hennig
Keith Hennig
N/A
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6. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract,
project or application, made a campaign contribution of more than $250 within the past twelve (12)
months to an official of the City of Chula Vista? Yes______ No______ If yes, which official?
7. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract,
project or application, provided more than $460 (or an item of equivalent value) to an official** of
the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a
personal benefit on the recipient, a rebate or discount in the price of anything of value, money to
retire a legal debt, gift, loan, etc.) Yes______ No______
If Yes, which official** and what was the nature of item provided?
8. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract,
project or application, been a source of income of $500 or more to an official** of the City of Chula
Vista in the past twelve (12) months?
Yes______ No_____
If Yes, identify the official** and the nature of the income provided?
Date: _______________ ____________________________________
Signature of Contractor/Applicant
Print or type name of Contractor/Applicant
This Disclosure Statement must be completed at the time the project application, or contract, is submitted
to City staff for processing, and updated within one week prior to consideration by the legislative body.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, or any other group or combination acting as a unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
Board, Commission, or Committee of the City, and City employees or staff members.
2/17/2025
Keith Hennig
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FP P13-2025 January 14, 2025
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PROPOSAL & OFFER TO CONTRACT
The respondent, herein sometimes called consultant, contractor, vendor, or supplier submits a
proposal and offers to enter into a contract with the City of Chula Vista, herein called City, this
day of _______________ ___________ as follows:
This Proposal & Offer to Contract, subject to the specifications, terms and conditions, and General
Provisions herein, when duly accepted by the City, shall constitute a contract between the parties.
In consideration of the payments to be provided by the City, and in accordance with the conditions
expressed in the proposal forms and specifications attached, and by this reference incorporated
herein, Consultant agrees to furnish Open Space Landscape Maintenance.
Company Name:__________________________________________________________________
Address:________________________________________________________________________
City:______________________________ State:___________________ Zip:________________
Email Address:___________________________________________________________________
Telephone:_______________________________ Fax:___________________________________
Print Name:______________________________ Title:___________________________________
Signature:_______________________________ Date:___________________________________
City of Chula Vista:
If required)
Approved by: ___________________ Date: ________________
Maria V. Kachadoorian, City Manager
Approved as to form and legality:
Marco Verdugo, City Attorney
ArborPro, Inc.
22605 La Palma Ave #509
Yorba Linda California 92887
khennig@arborprousa.com
714-694-1924 N/A
Keith Hennig President
2/17/2025
18th February 2025
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City of Chula Vista, California : Tree Inventory & Urban Forest Management Plan Development
PROPOSAL SECURITY BOND (COPY)
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cknowledgment of Receipt of Addendum #1
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November 4, 2025
ITEM TITLE
Grant Application: Authorize Application For, and Receipt of, a State of California Prohousing Incentive
Program Funds Grant
Report Number: 25-0258
Location: No specific geographic location
Department: Housing and Homeless Services
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
Adopt a resolution authorizing application for and receipt of Prohousing Incentive Program Funds.
SUMMARY
The proposed resolution would authorize the City of Chula Vista (“City”) to apply for up to $1,120,000 in
grant funding from the California Department of Housing and Community Development (“HCD”). HCD
recently awarded the City a “Prohousing” designation, which, among other benefits, allows the City to
compete in its Prohousing Incentive Program (“PIP”) for potential grant funds. If awarded, the City intends
to use the funds for activities to house unsheltered individuals and families.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined the activity is not a “Project” as defined under Section
15378 of the State CEQA Guidelines because the activity consists of a reporting action, is not for a site-specific
project, and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental
review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
HCD awards funds to cities that have received a Prohousing designation through the Prohousing Incentive
Pilot (PIP) Program. The Prohousing designation is awarded to cities that have programs and policies that
facilitate and encourage housing production. On May 21, 2024 via Resolution No. 2024-103, City Council
authorized the submittal of an application to the Prohousing Designation Program. HCD recently informed
staff that the City was awarded the Prohousing designation and the City is eligible to apply for the PIP
application round ending March 31, 2026.
If the City’s application is successful, up to $1,120,000 in funding would be awarded. While PIP funds have a
variety of eligible activities, staff is proposing to allocate any awarded funds towards assistance to persons
who are experiencing or at risk of homelessness (category No. 6 in the PIP application). This could include a
range of activities, including rapid rehousing support, rental assistance, operating support for emergency
shelters such as the Village at Otay transitional housing shelter, and the new construction, rehabilitation, and
preservation of permanent and transitional housing. This category aligns most with budget priorities
identified by the Housing and Homeless Services Department, while still retaining flexibility to commit funds
to a range of programs.
If awarded, staff would return to Council with an appropriation request for specific programs or projects.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will allow for the City to apply for and accept Prohousing grant funds, if awarded
up to $1,120,000. The potential award may occur during fiscal year 2025-26 or fiscal year 2026-27. If
awarded, staff would return to Council with an appropriation request for specific programs or projects. There
is no fiscal impact to the General Fund as a result of applying for and accepting this grant as funding for this
project will come from HCD and is restricted to specific uses related to planning and implementation of
housing-related activities.
ONGOING FISCAL IMPACT
The award of Prohousing grant funds may occur during fiscal year 2026-27, if it does, it will result in no net
fiscal impact as any expenditures for eligible activities would be offset with Grant funds. There is no fiscal
impact to the General Fund. If awarded, staff would return to Council with an appropriation request for
specific programs or projects.
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ATTACHMENTS
None.
Staff Contact: Chris Stanley, Senior Planner
Stacey Kurz, Director of Housing & Homeless Services
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RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN APPLICATION FOR, AND
RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department
of Housing and Community Development (“Department”) is authorized to issue Guidelines as part
of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive
Program or “PIP”); and
WHEREAS, the City Council of the City of Chula Vista desires to submit a PIP grant
application package (“Application”), on the forms provided by the Department, for approval of
grant funding for eligible planning and implementation activities related to housing and
community development as a result of meeting eligibility criteria including but not limited to
Prohousing Designation; and
WHEREAS, the Department has issued guidelines and Application in the amount of
approximately $8,000,000.00 for PIP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
(“Applicant”) the following:
SECTION 1. The City Manager is hereby authorized and directed to submit an Application
to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount
not to exceed $1,120,000.
SECTION 2. In connection with the PIP grant, if the Application is approved by the
Department, the City Manager is authorized and directed to enter into, execute, and deliver on
behalf of the City, a State of California Agreement (“Standard Agreement”) for the amount of
$1,120,000, and any and all other documents required or deemed necessary or appropriate to
evidence and secure the PIP grant, the City’s obligations related thereto, and all amendments
thereto, in the form as may be required or approved by the City Attorney.
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the
Guidelines, and the Standard Agreement provided by the Department after approval. The
Application and any and all accompanying documents are incorporated in full as part of the
Standard Agreement. Any and all activities funded, information provided, and timelines
represented in the Application will be enforceable through the fully executed Standard Agreement.
Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the
Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner
presented and specifically identified in the approved Application.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2025-XXX
Page No. 2
Presented by Approved as to Form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
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November 4, 2025
ITEM TITLE
Agreements: Approve the Parks Agreement with HomeFed Village 8E, LLC, and an Affordable Housing
Agreement and Related Documents for Otay Ranch Village Eight East
Report Number: 25-0196
Location: Generally, south of the eastern extension of Main Street, east of Otay Ranch Village Eight West,
west of State Route 125, and north of the Otay River Valley (APN: 644-070-21, 646-010-08) (“Project Site”)
Department: Development Services & 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 (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required. Alternatively, if the subject agreements are considered a
project under CEQA, then the agreements are adequately covered and addressed in a previously certified
Final Environmental Impact Report (“FEIR”) for the Otay Ranch University Villages Project (FEIR-13-01; SCH
#2013071077; certified by City Council Resolution No. 2014-232 on December 2, 2014).
Recommended Action
Adopt resolutions:
A) Approving a Parks Agreement for Otay Ranch Village Eight East between the City and
HomeFed Village 8E, LLC.
B) Authorizing the City Manager to execute 1) an Affordable Housing Agreement for Otay
Ranch Village Eight East, in satisfaction of the City’s Inclusionary Housing Ordinance; 2) an
Affordable Housing Transfer Agreement for Otay Ranch Village Eight East; and 3) a
Termination of Affordable Housing Agreement and Affordable Housing Transfer Agreement
for Otay Ranch Village Eight West.
SUMMARY
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The proposed actions support fulfillment of key conditions of approval for the Otay Ranch Village Eight East
Tentative Subdivision Map and are necessary to facilitate recordation of the first Final Map. The Parks
Agreement between the City of Chula Vista (“City”) and HomeFed Village 8E, LLC (“Developer”) establishes
the design, construction, dedication, public access, and long-term maintenance framework for parkland
improvements within the Project, including a Neighborhood Park, Edge Trails, and a portion of a Community
Park. The Agreement fulfills the developer’s parkland obligations under the City’s Parkland Dedication
Ordinance (Chula Vista Municipal Code (“CVMC”) Chapter 17.10) and supports the City’s Parks and
Recreation Master Plan goals.
An Affordable Housing Agreement has also been prepared between Developer and City, providing terms and
conditions for the affordable housing obligation for Village Eight East, in accordance with the Sectional
Planning Area Plan (“SPA Plan”) for Village Eight East and CVMC Chapter 19.91 (Inclusionary Housing). A
transfer agreement has also been prepared to transfer the remaining affordable obligation of Village Eight
West to Village Eight East. Finally, in connection with the transfer, an agreement has been prepared
terminating the affordable housing obligation for Village Eight West, which is now deemed to have been
fulfilled.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the 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 California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to
State Guidelines Section 15060(c)(3), no environmental review is required. Alternatively, if the subject
agreements are considered a project under CEQA, then the agreements are adequately covered and
addressed in a previously certified Final Environmental Impact Report for the Otay Ranch University Villages
Project (FEIR-13-01; SCH #2013071077; certified by City Council Resolution No. 2014-232 on December 2,
2014). Therefore, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Parks Background
The Developer owns and intends to develop Otay Ranch Village Eight East (“Village 8 East” or the “Project”),
a residential community located in the eastern portion of the City. The Project area, shown on Attachments
1 and 2, is subject to parkland requirements under the City’s Parklands and Public Facilities Ordinance
(“PLDO”), codified in CVMC Chapter 17.10 (Parklands & Public Facilities).
The PLDO requires new residential development to provide parkland through a combination of land
dedication, construction of improvements, and/or payment of in-lieu fees. The City may determine the most
appropriate mix of these options to serve community needs.
For Village Eight East, parkland obligations were imposed through the conditions of approval for the
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Project’s Tentative Subdivision Map (“CVT 22-0005”), adopted by City Council Resolution No. 2024-082 on
May 14, 2024. Condition of Approval No. 46 requires the Developer to enter into a Parks Agreement with the
City prior to recordation of the first Final Map, to formalize how the Project will fulfill its Parkland Acquisition
and Development (“PAD”) requirements.
The proposed Parks Agreement, attached as Attachment 3, establishes the Developer’s responsibilities for
the design, construction, dedication of land and public access easements, and ongoing maintenance of the
required park facilities.
Required Parkland Dedication
Parkland dedication requirements for new residential development in the City are based on unit type and
average household size, as defined in CVMC Section 17.10.040. Table 1 summarizes the total parkland
dedication required for Village Eight East.
Table 1 - Parkland Calculation
Dwelling Unit (DU) Type SF Parkland per DU Number of DUs SF Acreage
Total 3,276 1,157,100 26.56
The Project’s parkland obligation of 26.56 acres will be satisfied through a combination of facilities: a 6.545-
acre Neighborhood Park, 2.19 acres of Edge Trails, and 17.825 acres of usable land within a Community Park.
The Village 8 East SPA Plan anticipates that these facilities will meet the recreational needs of the community
and satisfy the parkland dedication requirements.
Parks Ownership and Maintenance
While the City typically owns and maintains public parks using General Fund resources or through the
formation of a maintenance community facility district, the Developer proposes to establish a construction
and maintenance mechanism for the Neighborhood Park and Edge Trails through the Homeowners
Association (“Association”). To enable this, the Association will retain fee title ownership of the 6.545-acre
Neighborhood Park and the 2.19-acre Edge Trails.
To ensure public access in perpetuity, the Developer will record a Public Access Easement over both facilities
at the time of the first Final Map. These areas will remain open for public use in accordance with CVMC
Section 2.66.270. The Association may not modify hours of operation without prior approval from the
Director of Parks and Recreation or the Director of Public Works.
The Association will also have full authority over programming, rentals, and events within these areas.
However, the City may request to hold up to twelve (12) City-sponsored events annually, subject to
availability and compliance with applicable insurance and safety requirements . Scheduling will be
coordinated directly between the City and the Association and governed by the Parks Agreement and SPA
Plan.
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The Community Park will be publicly owned and maintained by the City. The Developer will grant an
irrevocable offer of dedication (“IOD”) for 17.825 usable acres of Community Parkland, consistent with the
Tentative Map conditions of approval. The IOD is subject to review and approval by the Director of
Development Services. In-lieu parkland development fees (“PAD-D fees”) for the Community Park will be
collected from the Developer as required by CVMC Chapter 17.10. Based on the approved SPA Plan and Public
Facilities Finance Plan, approximately 2,160 of the Project’s 3,276 residential units are anticipated to
contribute PAD-D fees toward the Community Park. If the developer constructs fewer units than currently
anticipated, the land dedication or in-lieu fee obligation may be adjusted accordingly.
Parkland Credits
The Parks Agreement confirms that the Developer will receive PAD credits from the City upon confirmation
of completion of the required facilities. These credits may be transferred in accordance with the Mitigation
Fee Act and CVMC provisions. Credit allocations reflect the construction of the Neighborhood Park and Edge
Trails, as well as the dedication of land for the Community Park.
Parks Conclusion
The Parks Agreement does not increase or reduce the developer’s underlying parkland obligations. Rather,
it clarifies how the Project will satisfy those obligations —through land dedication, construction of
recreational amenities, maintenance responsibilities, and the payment of in-lieu fees—consistent with the
CVMC and the Project’s conditions of approval.
Affordable Housing Background
The City has had a longstanding practice of requiring 10% of units developed within Sectional Planning Areas
to be restricted as affordable to low and moderate-income households. This practice was previously
administered under the City’s Balanced Communities Policy, a component of the Housing Element of the
City’s General Plan. The policy was codified in 2024 as CVMC Chapter 19.91 (Inclusionary Housing).
Typically, master developers of SPA Plans meet their inclusionary obligation by setting aside a small number
of sites within the SPA for development as 100% affordable multifamily housing. This enables those projects
to leverage the land commitment with local, state, and federal funding for affordable housing. The City
provides guidance as to the suitability of sites for affordable development, in consideration of proximity to
local amenities and other factors.
The Village 8 East SPA Plan was adopted on December 2, 2014, pursuant to Resolution No. 2014-235. It was
later amended by Resolution No. 2020-036, adopted on February 18, 2020, and further amended by
Resolution No. 2024-082, adopted on May 14, 2024. In accordance with the Balanced Communities Policy
and CVMC Chapter 19.91, the Village 8 East SPA Plan states that Developer shall enter into an affordable
housing agreement with the City prior to approval of the first Final Map for Village 8 East. The proposed
Affordable Housing Agreement, attached as Attachment 4, meets this requirement. The Affordable Housing
Agreement would be executed by Developer and City and recorded against the entirety of Village 8 East until
all of the affordable units are constructed and subject to site-specific affordability covenants, at which point
the Affordable Housing Agreement shall terminate.
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Satisfaction of the Affordable Housing Agreement Requirements
Of the 3,276 units approved for Village Eight East, the Affordable Housing Agreement requires that 10%, or
328 (with rounding) units, be restricted as affordable housing. Of this percentage, half, or 5% of all units,
must be made affordable to low-income households, which roughly corresponds to households earning at or
below 80% of the Area Median Income (“AMI”) for San Diego County. The remaining half must be restricted
to moderate-income households earning at or below 120% of the AMI for San Diego County. Additionally,
Village 8 East will assume or has assumed a portion of the remaining affordable housing obligations of the
SPA Plans known as Village 8 West and Village 3. The total affordable housing obligation being assumed by
Village 8 East is shown below in Table 2.
Table 2: Affordable Housing Obligation
Affordable Units
Reference Low-Income Moderate-Income Total
TOTAL 183 251 434
The units must be restricted for a minimum of 55 years , or 45 years if fulfilled as a for-sale product, the
standard term for affordable housing regulatory agreements in California. The Affordable Housing
Agreement provides some flexible options for fulfilling the affordable housing obligation. The Developer may
pursue an “incentive credit” by providing units at deeper affordability levels than required, thereby reducing
its obligation according to a prescribed formula, in accordance with CVMC Chapter 19.91.
Additionally, the Affordable Housing Agreement provides that the Developer may satisfy up to 50% of its
obligation through the construction of affordable housing outside of Village 8 East. If the Developer pursues
the offsite option, additional guardrails are in place to ensure that they are situated in high -opportunity
locations.
Related Affordability Documents
Village 8 West is being developed with a similar structure and affordable housing obligation as Village 8 East.
The City and HomeFed Village 8, LLC, the developer of Village 8 West (“Village 8 West Developer”), entered
into the Balanced Communities Affordable Housing Agreement [Otay Ranch Village Eight West] on August 4,
2020. Both the Developer and the Village 8 West Developer are affiliates of HomeFed Corporation.
Village 8 West has a remaining obligation of 68 affordable units. HomeFed Corporation now wishes to
transfer this remaining obligation to Village 8 East. A transfer agreement has been prepared to enact this
transfer, attached to this item as Attachment 5. If the transfer is approved and executed, Village 8 West shall
be deemed to have fulfilled its affordable housing obligation. The Affordable Housing Agreement recorded
against Village 8 West can then be terminated in order to clean up the title for the non-restricted units within
Village 8 West. This termination is attached as Attachment 6.
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The recently completed 175-unit affordable development in Village 8 West, Encelia at Cota Vera, will remain
subject to a separate 55-year deed restriction.
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
The Developer is responsible for the payment of all costs to process the Village Eight East Parks Agreement.
There is no net impact to the General Fund or Development Services Fund in the current fiscal year as a result
of this action.
There is no current-year fiscal impact associated with the adoption of the Affordable Housing Agreement and
related documents. The Developer is responsible for all financing and fulfillment of the affordable housing
obligations under the agreements inclusive of staff time to prepare this item and associated documents.
ONGOING FISCAL IMPACT
The proposed Parks Agreement secures an ongoing funding source for the construction, maintenance and
operation of the Neighborhood Park and Edge Trails to be located within Village Eight East, while securing
public access to the planned park and trails. The maintenance funding is necessary in order to offset the fiscal
deficits to the City that are otherwise indicated for the parkland obligations of the Project. Assuming an
annual maintenance cost of $14,000 per acre, and 8.735 acres of parkland to be privately maintain ed, this
equates to an annual General Fund savings of approximately $122,290 in City parks maintenance costs.
Implementation costs of the Village Eight East Parks Agreement will be funded through future Developer
deposit accounts associated with the future development applications. Future costs related to park
construction and their increases over time will be the responsibility of the Developer, as defined within the
Parks Agreement. Staff costs associated with ongoing compliance monitoring of park construction will be
paid by the Developer.
Ongoing maintenance and operation of the Project’s Community Park acres will be a General Fund obligation.
Applying the same $14,000 per acre annual maintenance cost assumption to the expected 17.825 net
Community Park acres results in an estimated ongoing General Fund fiscal impact of $249,550 in City park
maintenance costs.
The Community Park is anticipated to be designed and constructed by the City as a capital improvement
project. The projected maintenance costs for the Community Park will be analyzed in depth and presented
to the City Council for consideration and approval in the future.
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There is no ongoing fiscal impact associated with the Affordable Housing Agreement or related documents.
The Developer is responsible for all financing and fulfillment of the affordable housing obligations under the
agreements.
ATTACHMENTS
1. Village Eight East Property Map
2. Village Eight East Site Utilization Plan
3. Village Eight East Parks Agreement
4. Village Eight East Affordable Housing Agreement
5. Village Eight East Transfer Agreement
6. Termination of Village Eight West Affordable Housing Agreement and Transfer Agreement
Staff Contact: Laura Handschumacher, Landscape Architect, Development Services
Patricia Fermán, Principal Landscape Architect, Development Services
Roy Sapa’u, Director of Development Services
Brian Warwick, Housing Manager, Housing and Homeless Services
Stacey Kurz, Director of Housing and Homeless Services
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Form Rev 2/18/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PARKS AGREEMENT FOR
OTAY RANCH VILLAGE EIGHT EAST BETWEEN THE CITY
OF CHULA VISTA AND HOMEFED VILLAGE 8E, LLC
WHEREAS, on December 2, 2014, the City Council of the City of Chula Vista (“City”)
adopted Resolution No. 2014-235 approving the Otay Ranch Village Eight East Sectional Planning
Area Plan (“SPA Plan”), as later amended by Resolution No. 2020-036, adopted on February 18,
2020, and as further amended by Resolution No. 2024-082, adopted on May 14, 2024 (collectively
the “Project”); and
WHEREAS, the Village Eight East SPA Plan, including amendments, was reviewed and
studied in an Environmental Impact Report and received a California Environmental Quality Act
(CEQA) determination under Resolution No. 2024-082, and the proposed action now being
considered is not a project as defined under Section 15378 of the CEQA State Guidelines, and
pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Alternatively, if the subject Parks Agreement is considered a project under CEQA, then the Parks
Agreement was adequately covered and addressed in a previously certified Final Environmental
Impact Report (FEIR) for the Otay Ranch University Villages Project (FEIR-13-01; SCH
#2013071077; approved by City Council Resolution No. 2014-232 on December 2, 2014; and
WHEREAS, the City’s Parklands and Public Facilities Ordinance, commonly known as
Parkland Dedication Ordinance (“PLDO”), codified as Chula Vista Municipal Code (“CVMC”)
Chapter 17.10, as amended, requires that development projects provide land and improvements
for neighborhood parks, community parks and recreational facilities and permits the City to require
a combination of dedication, development and payment of in-lieu fees if the City determines that
the combination would better serve the public; and
WHEREAS, the PLDO’s requirements are imposed on the Project through conditions of
approval of the Tentative Subdivision Map for Village Eight East (CVT 22-0005), approved by
Chula Vista City Council Resolution No. 2024-082, and supplemental subdivision improvement
agreements; and
WHEREAS, Resolution No. 2024-082, Condition No. 46 requires that HomeFed Village
8E LLC, the owner of Village Eight East, an affiliate of HomeFed Corporation, enter into a Parks
Agreement with the City for the purpose of addressing Parkland Acquisition and Development
obligations prior to approval of Developer’s first Final Map for Village Eight East; and
WHEREAS, the Parks Agreement does not increase or decrease any park obligations but
instead clarifies responsibility for the PLDO requirements attributable to the Project by addressing
the amount of land required, requirements for park development, maintenance and payment of in-
lieu fees as required by the Project’s conditions of approval; and
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WHEREAS, the PLDO is utilized to determine the parkland required for the Project,
whereby 460 square feet is required per single-family dwelling unit (“DU”) and 341 square feet is
required per multi-family DU. For the purposes of this Parks Agreement, 336 single family DU
times 460 square feet plus 2,940 multi-family DU times 341 square feet divided by 43,560 square
feet equals 26.56 acres; and
WHEREAS, the Village Eight East SPA Plan anticipates that the Project will provide
sufficient area and facilities to meet its recreational needs on site through the provision of a
Neighborhood Park, Edge Trails, and a Community Park consistent with the Project’s PAD
requirements of the PLDO; and
WHEREAS, the parties intend by this Parks Agreement to implement the requirements of
the SPA Plan, the PLDO, and the conditions of the Project’s Tentative Subdivision Map by
establishing a Neighborhood Park, Edge Trails, and a Community Park that satisfy park
requirements for the Project; and
WHEREAS, the Developer has agreed to provide a mechanism to fund the maintenance of
the Neighborhood Park and Edge Trails by the Homeowner’s Association (the “Association”) in
perpetuity. In order for the Association to maintain the Neighborhood Park and Edge Trails, the
Association shall retain fee title ownership of the subject properties constituting the Neighborhood
Park and Edge Trails; and
WHEREAS, Developer shall grant a Public Access Easement over the Neighborhood Park
and Edge Trails, granting full public access to the park and trails. The Neighborhood Park and
Edge Trails shall be open for public use consistent with CVMC Section 2.66.270. At no time shall
the Association modify Neighborhood Park or Edge Trail hours of operation without the approval
of the Director of Parks & Recreation or Director of Public Works, or their designee; and
WHEREAS, Developer shall grant on the first Final Map an irrevocable offer of dedication
(IOD) to the City for a total of 21.107 acres (17.825 usable acres) of the Community Park as
provided in the conditions of approval for the Tentative Map. Such IOD is subject to the review
and approval of the Director of Development Services, or their designee. In-lieu fees for the
development of the Community Park shall be collected in accordance with CVMC 17.10; and
WHEREAS, the Community Park within the Project will be owned and maintained by the
City; and
WHEREAS the City Clerk set the time and place for a meeting before the City Council on
the action for the Parks Agreement, and notice of said meeting, together with its purpose, was
given as required by law prior to the meeting; and
WHEREAS, after review and consideration of the staff report and related materials for the
Parks Agreement, the duly called and noticed public meeting to consider the Parks Agreement was
held by the City Council in the City Council Chambers, 276 Fourth Avenue, and the proceedings
and any documents submitted to the City Council as the decision-makers shall comprise the entire
record of the proceedings.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that (1) all recitals above are incorporated into this action, and (2) it approves the Parks Agreement
for Otay Ranch Village Eight East, between the City and HomeFed Village 8E, 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 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
the same.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE: 1) AN AFFORDABLE HOUSING AGREEMENT
FOR VILLAGE EIGHT EAST IN SATISFACTION OF THE
CITY’S INCLUSIONARY HOUSING ORDINANCE; 2) AN
AFFORDABLE HOUSING TRANSFER AGREEMENT; AND 3)
A TERMINATION OF AFFORDABLE HOUSING
AGREEMENT AND TRANSFER AGREEMENT FOR VILLAGE
EIGHT WEST
WHEREAS, on December 2, 2014, the City Council of the City of Chula Vista adopted
Resolution No. 2014-235 approving the Otay Ranch Village Eight East Section Planning Area
Plan ("SPA Plan”), as later amended by Resolution No. 2020-036, adopted on February 18, 2020,
and as further amended by Resolution No. 2024-082, adopted on May 14, 2024; and
WHEREAS, on May 14, 2024, the City Council of the City of Chula Vista also approved
the Otay Ranch Village Eight East Affordable Housing Program and the Tentative Map for Otay
Ranch Village 8 East, Chula Vista Tract No. 22-005, pursuant to Resolution No. 2024-0082; and
WHEREAS, Resolution No. 2024-082, Condition No. 28 requires that Homefed Village
8E, LLC, the owner of Village Eight East (“Developer”), an affiliate of Homefed Corporation,
enter into an affordable housing agreement with the City of Chula Vista (“City”) prior to approval
of Developer’s first Final Map for Village Eight East; and
WHEREAS, an Affordable Housing Agreement (“AHA”) shall document the obligation
and be recorded against all property within Otay Ranch Village Eight East until the obligation is
satisfied; and
WHEREAS, Homefed Village 8, LLC, also an affiliate of Homefed Corporation (“Village
8 West Developer”), is the master developer of the SPA Plan known as Village Eight West, which
is subject to a separate AHA and an Affordable Housing Transfer Agreement; and
WHEREAS, Developer and Village Eight West Developer have requested that the
remaining Village Eight West affordable housing obligation of 68 moderate-income units be
transferred to Village Eight East pursuant to a new Affordable Housing Transfer Agreement; and
WHEREAS, upon the transfer of the remaining obligation of 68 moderate income units
from Village Eight West to Village Eight East, the affordable housing obligations set forth in the
Balanced Communities Affordable Housing Agreement [Otay Ranch Village Eight West] dated
August 4, 2020, and the Affordable Housing Transfer Agreement dated December 6, 2016 shall
be deemed to be satisfied, and such agreements may now be terminated; and
WHEREAS, the Village Eight East SPA Plan, including amendments, underwent an
Environmental Impact Report and received a California Environmental Quality Act (CEQA)
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determination under Resolution No. 2024-082, and the proposed action now being considered is
not a project as defined under Section 15378 of the CEQA State Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it authorizes the City Manager to execute: 1) an Affordable Housing Agreement with the City
and Village 8E, LLC; 2) an Affordable Housing Transfer Agreement by and between the City,
HomeFed Village 8E, LLC, and HomeFed Village 8, LLC; and 3) a Termination of Affordable
Housing Agreement and Transfer Agreement with the City, HomeFed Village 8, LLC, and
HomeFed Otay Land II, LLC, in substantially the form presented, with such modifications,
changes, or additions as the City Manager deems necessary, in consultation with the Office of the
City Attorney. The approval of any modification, change, or addition to the agreements and any
related document shall be evidenced conclusively by the execution and delivery thereof by the
City Manager, a copy of which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that no
further environmental review or documentation in connection with this action is required pursuant
to CEQA State Guidelines Section 15060(c)(3).
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
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ATTACHMENT 1
VILLAGE EIGHT EAST
PROPERTY MAP
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ATTACHMENT 2
VILLAGE EIGHT EAST
SITE UTILIZATION PLAN
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
THIS SPACE ABOVE FOR RECORDER’S USE
PARKS AGREEMENT FOR OTAY RANCH VILLAGE EIGHT EAST
This Agreement Regarding Construction of Parks (“Agreement”) is made as of
____________, 2025, by and between HomeFed Village 8E, LLC, a Delaware limited liability
company (“Developer”), and the City of Chula Vista, a California municipal corporation and
charter city (“City”), with reference to the following facts:
A. Developer owns certain real property generally known as Otay Ranch Village Eight
East, as shown on Exhibit “A” and described in Exhibit “B”, and located in the City of Chula Vista
(“Property”). Developer intends to develop the Property as generally depicted on Exhibit “C”
attached hereto.
B. Village Eight East will be developed in accordance with the Village Eight East
Sectional Planning Area (“SPA”) Plan, adopted by Chula Vista City Council Resolution No. 2014-
235, amended by Chula Vista City Council Resolution No. 2024-082, dated May 14, 2024
(“Project”).
C. Developer shall comply with the Chula Vista Municipal Code (“CVMC”) Chapter
17.10 Parklands and Public Facilities Ordinance (“PLDO”), as amended.
D. The PLDO requirements are imposed on the Project through conditions numbered
43 through 49 of the Village Eight East Tentative Subdivision Map (CVT 22-0005) approved by
Chula Vista City Council Resolution 2024-082, dated May 14, 2024 (“Tentative Map”) as shown
on Exhibit “D” and the supplemental subdivision improvement agreement(s).
E. The PLDO is utilized to determine the parkland usable acreage and/or in-lieu fee
payments required for the Project, whereby 460 square feet of parkland is required per single-
family dwelling unit (“DU”) and/or detached multi-family DU, and 341 square feet of parkland is
required per attached multi-family DU. For the purposes of this Agreement, 336 single family DU
times 460 square feet plus 2,940 attached multi-family DU times 341 square feet divided by 43,560
square feet equals 26.56 acres of usable parkland for the Project.
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F. The Village Eight East SPA Plan anticipates that the Project will provide sufficient
area and facilities to meet its recreational needs on site through the provision of a Neighborhood
Park, a portion of a Community Park and the Edge Trails (defined below), consistent with the
City’s Parks and Recreation Master Plan adopted August 7, 2018, the Project’s Park Master Plans
(as defined in the Chula Vista Landscape Manual Part 3 – Public City Requirements, Section 1 –
Submittals) and the Parkland Acquisition and Development requirements of the PLDO. Consistent
with the Village Eight East SPA Plan, final design of the public parks may be refined or modified
during park planning to include other facilities or amenities that serve evolving demographics and
associated outdoor recreational needs and meet the intent of the City’s parks mission.
G. The Project is a Common Interest Development and, by its approval of this
Agreement, the legislative body of the City has determined that both the publicly-owned
Community Park and privately-owned and maintained Neighborhood Park and Edge Trails
developed within the Project are eligible to satisfy parkland dedication, development and/or in lieu
fee requirements under the PLDO.
H. The parties intend by this Agreement to implement the requirements of the SPA
Plan, the PLDO, and the conditions of approval of the Tentative Map by establishing a
Neighborhood Park, Edge Trails, and a portion of a Community Park that satisfy park requirements
for the Project. Developer agrees to maintain (or cause the Association to maintain) the privately-
owned Neighborhood Park and Edge Trails. The Community Park within the Project will be owned
and maintained by the City.
I. In order to secure full public access to the Neighborhood Park and Edge Trails,
Developer shall grant a Public Access Easement over the Neighborhood Park and Edge Trail s in
conjunction with the Project’s Final Map(s) as further described herein. The Neighborhood Park
and Edge Trails shall be open for public use daily pursuant to CVMC 2.66.270. Pursuant to the
Community Declaration of Covenants, Conditions and Restrictions and Establishment of
Easements of Cota Vera (Village Eight West), recorded on October 14, 2021, in the County of San
Diego Recorder’s Office as Document No. 2021-0717126 (“CC&Rs”), into which CC&Rs the
Village 8 East Property and the Neighborhood Park and Edge Trails will be annexed, each Owner
and the Association acknowledge and agree that such Neighborhood Park and Edge Trails shall be
required to remain open to the general public and that the Association shall be obligated to
maintain, operate and program such Neighborhood Park and Edge Trails in accordance with this
Agreement. In no event shall the Association or any Owner seek to have the City-accepted Public
Access Easement vacated for the Neighborhood Park and Edge Trails.
J. Developer has agreed to provide a mechanism to fund the perpetual maintenance
of the Neighborhood Park and Edge Trails within the Project, as required by the Fiscal Impact
Analysis prepared by DPFG dated April 2024 and included in the Project’s Supplemental Public
Facilities Finance Plan (“PFFP”) approved by Chula Vista City Council Resolution 2024-082,
dated May 14, 2024. Based on the estimated initial annual cost of $14,000 per acre to maintain
parks, Developer or their Assignees are responsible for an initial annual Neighborhood Park
maintenance cost of approximately $91,630/year and an initial annual Edge Trail maintenance cost
of approximately $30,660/year. The maintenance budgets shall be adjusted to reflect cost
escalations on an annual basis and in accordance with the approved Homeowners Association
(“Association”) annual budget. The cost savings to the City General Fund for Neighborhood Park
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maintenance is reflected in the fiscal model summary of the Supplemental PFFP and is a
requirement of the Project.
K. On the First Final Map within the Project, Developer shall grant an irrevocable offer
of dedication (“IOD”) to the City for a total of 21.107 acres (defined below) of the Community
Park (“Village Eight East Community Park IOD”), as provided in the condition of approval for the
Tentative Map. Before the City accepts the Village Eight East Community Park IOD, the City and
Developer (or the Association) shall enter into a maintenance agreement, to be approved by the
City, for the Developer or Association to maintain the slopes greater than 4:1 that are contained
within the Village Eight East Community Park IOD area as shown on the Unit 2 Final Map. Such
maintenance agreement shall be recorded. Within the IOD, a total of 17.825 net usable acres shall
be eligible to receive park credit. The remaining 0.61 acres consisting of two City of San Diego
waterline easements, shown on Exhibit E-2, is not eligible for park credit. Slopes greater than 4:1
and areas with encumbrances or easements not in favor of the City are ineligible for park credit.
The Village Eight East Community Park IOD is subject to the review and approval of the
Development Services Director, or their designee. The City shall be responsible for construction
of the improvements for and maintenance of the Community Park.
L. This Agreement does not increase or decrease any park obligations but instead
clarifies responsibility for the PLDO requirements attributable to the Project by addressing the
amount of parkland dedication, development and/or in-lieu fee payments required, as well as
requirements for park design, park construction, and bonding.
NOW THEREFORE, in consideration of the mutual promises described herein, and other
good and valuable consideration, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following
terms shall mean:
1.1 “Association” means the property homeowners association, commonly
known as Cota Vera Homeowners Association, that will own, operate and maintain the
Neighborhood Park and Edge Trails.
1.2 “Bid Documents” means documents prepared by Developer and approved
by the City to solicit proposals for a Parks or Trails construction contract as described in
Section 2.9.(C). Bid and Award herein.
1.3 “Commence Construction” means a construction permit or other such
approval necessary to commence construction has been issued by the City and construction
staging has begun.
1.4 “Community Park” means the Community Park designated P-2
Community Park on the Village Eight East Tentative Map and commonly referred to as the
Otay Ranch Community Park South containing approximately 43.3 acres (gross) and 36.3
acres (net) shown conceptually on Exhibit “E-1” including 21.107 acres (gross) and 17.825
acres (net) of which shall be dedicated to City on the Village Eight East First Final Map.
The Community Park will be owned, constructed, operated and maintained by the City.
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1.5 “Community-Oriented Retail Vendor” means retail and/or commercial
vendors approved by Association which may operate within designated spaces or structures
in the Neighborhood Park. Designated spaces/structures shall be approved by Association
and may include buildings/structures, containers (temporary or otherwise), carts, pop-up
canopies, or similar structures to enable the provision of concessions, goods or services.
The Association shall submit all buildings, structures, containers (temporary or otherwise),
tents, canopies, and similar items proposed for vendor use to the City for permit review
and approval in accordance with the Chula Vista Municipal Code and all applicable State
requirements. Association shall coordinate with vendors to ensure vendors comply with all
City requirements, including business license requirements.
1.6 “Complete Construction” or “Completion of Construction” means that
construction of the Neighborhood Park and Edge Trails, individually, has been completed
to the written satisfaction of the Director of Development Services, or their designee,
exclusive of any required maintenance establishment and warranty periods.
1.7 “Concessions” means the sale of food and beverages or other items to the
public by Association or by an Association-approved Community-Oriented Retail Vendor
from a designated area or building within the Neighborhood Park.
1.8 “Construction Costs” means the costs of constructing the park
improvements in the Neighborhood Park and Edge Trails including labor and materials,
construction project management, City plan check and inspections and maintenance costs
during any required maintenance establishment periods.
1.9 “CVMC” means the Chula Vista Municipal Code.
1.10 “Development Fees” means the development portion of the Parkland
Acquisition and Development (“PAD”) fees required per CVMC.
1.11 “Edge Trails” means the trails shown in the SPA Plan and on the Tentative
Map (Exhibit F attached hereto) and comprised of approximately 2.190 net usable acres.
The final usable acres to be determined during Landscape Erosion Control Plan
preparation. The Edge Trails shall be owned, operated and maintained by the Association
and a Public Access Easement shall be recorded as discussed in Section 1.25 below over
the entirety of the Edge Trails on the Village Eight Units 1 and 2 Final Maps.
1.12 “Edge Trails Plan” means a design plan to be prepared depicting the three
Edge Trails segments, overlooks, and pedestrian amenities. The Edge Trails Plan shall be
incorporated within the Project’s Landscape Master Plan and Landscape Erosion Control
Plans. The Edge Trails Plan shall be subject to review and approval pursuant to Section 2.4
and 2.8 of this Agreement.
1.13 “IOD” means an Irrevocable Offer of Dedication. IOD shall be free and
clear of all encumbrances and easements that would prevent the use of the area subject to
the IOD for public park purposes. Any IOD shall be subject to review and approval of the
Director of Development Services, or their designee.
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1.14 “Landscape Master Plan” means the comprehensive plan for the entire
Project site in accordance with Tentative Map Condition of Approval No. 55 within
Resolution No. 2024-082.
1.15 “Landscape Erosion Control Plans” means the set of drawings and other
documents required to be submitted to the City and bonded for prior to issuance of the
Project’s grading permit or other permit to grade, excluding mass grading permit,
consistent with the City of Chula Vista Subdivision Manual.
1.16 “Landscape Improvement Plans” means a set of drawings and other
documents required to be submitted to the City for approval in order to demonstrate that
the landscape design complies with the requirements of the Water Conservation Ordinance
CVMC 20.12, the Landscape Manual, and the Subdivision Manual.
1.17 “Maintenance Establishment Period” means the period of time between
Completion of Construction and Turnover of the Neighborhood Park or Edge Trails to
Developer or Association, in which the Developer is responsible for maintaining the
Neighborhood Park and Edge Trail improvements, which includes ensuring that plant
materials are fully established, and irrigation systems are fully installed and operational
before the Neighborhood Park or Edge Trails are open for public use. The duration of this
period and maintenance operations will be specified in contract documents for the specific
project, subject to adjustments as determined by the City.
1.18 “Neighborhood Park” means the Neighborhood Park containing 6.545
usable acres, shown conceptually on Exhibit “G.” The final usable acres to be determined
during Neighborhood Park Landscape Improvement Plan preparation. The Neighborhood
Park shall be owned, operated and maintained by the Association and a Public Access
Easement shall be recorded as discussed in Section 1.25 below over the entirety of the
Neighborhood Park designated Lot 9 on the Village Eight first Final Map.
1.19 “Park and Edge Trail Improvements” means the improvements per
Sections 2.3 and 2.4 below.
1.20 “Park Credit” means the Parkland Acquisition and Development (PAD)
credits granted in writing to Developer by the City in satisfaction of the Project meeting its
PLDO obligations. Such credits are transferable to other owners within Village Eight East
for application toward PAD fees due prior to building permit issuance. Final Park Credit
for the acreage and development of 26.56 net usable acres based on full buildout of
approved units shall be reconciled upon issuance of the last building permit in Village Eight
East.
1.21 “Park Development Budget” means the estimated Construction Cost
budget, consistent with the approved Neighborhood Park Master Plan and/or Edge Trail
Plan, that has been approved by the City as part of the final Landscape Improvement Plans.
1.22 “Parkland Development Credit” means the portion of the PAD credits
granted to Developer by the City for the development of the Neighborhood Park (6.545 net
usable acres), Edge Trails (2.190 net usable acres), and the payment of in-lieu fees for the
development of the Community Park (17.825 net usable acres) in satisfaction of the Village
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Eight East PLDO obligation. If Parkland Credits granted to Developer by City exceed the
Village Eight East parkland obligation, then excess Parkland Credits may be applied to
future parkland obligation of Developer, or Developer affiliated company(ies) in
accordance with state regulatory requirements. Credits in excess will be distributed in a
manner consistent with CVMC 3.54.155.
1.23 “Park Hours of Operation” means the Neighborhood Park and Edge Trails
shall be open for public use daily from 7 a.m. to 10 p.m. consistent with CVMC 2.66.270
unless otherwise amended by the City. At no time shall Association modify Neighborhood
Park or Edge Trails hours of operation without prior approval by Director of Parks and
Recreation, or their designee.
1.24 “Privately Owned and Maintained Project Standard(s)” means the adopted
Privately Owned and Maintained Project Standard(s) per the City of Chula Vista
Landscape Manual and Subdivision Manual Section 4-304.2, that may be adjusted based
on project design as negotiated between Developer and City during the design phase.
1.25 “Public Access Easement” means an irrevocable and perpetual easement
granted by Developer to the City, to the City’s written satisfaction and approval, on the
Village Eight East Units 1 & 2 Final Maps for public use and access over, through, and
across the Neighborhood Park and Edge Trails, including as discussed in Section
2.4(A)(4)A below relating to the Edge Trails.
1.26 “Resource Management Plan” means the Otay Ranch Resource
Management Plan, Phase 1 and Phase 2.
1.27 “Rough Grading Plan(s)” means the set of documents required to obtain a
rough grading permit consistent with the City of Chula Vista Subdivision Manual.
1.28 “Turnkey” means the Neighborhood Park and Edge Trails are designed, all
improvements are constructed and required Maintenance Establishment Periods have been
completed consistent with the provisions of the Chula Vista Landscape Manual, the
Landscape Water Conservation Ordinance, the City’s Parks and Recreation Master Plan,
as amended in the Village Eight East SPA Plan, and related Development Services
Department specifications and policies in effect on the date of this Agreement. For a period
of five (5) years from the Effective Date, such policies and specifications shall remain
applicable to the determination of Turnkey completion, regardless of any subsequent
amendments or updates. After five (5) years, any new or amended policies in effect at that
time may apply unless otherwise agreed in writing by the City and Developer.
1.29 “Turnover” means the process by which control, ownership, and
maintenance responsibility of common areas or community assets are transferred from the
developer (or declarant) to the Association, consistent with the Project’s Grant of
Easements and Landscape Maintenance Agreement (GELMA).
1.30 “Usable Acres” means the area of land in acreage for the Community Park,
Neighborhood Park, and Edge Trails eligible to receive park credit as described in the
PLDO and City of Chula Vista Parks & Recreation Master Plan, as amended in the Village
Eight East SPA Plan, unless easement areas are otherwise stated in this Agreement and
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shown on the approved Tentative Map (CVT-22-0005). Slope areas within the
Neighborhood Park, Edge Trail, and Community Park boundaries greater than 4:1 (25%)
are ineligible for Parkland Credit. Edge Trails located within the Otay Water District
(OWD) easement shall not be eligible to satisfy the parkland obligation or receive Parkland
Credit unless the City receives a letter from OWD expressly consenting to the use of its
easement for public trail purposes.
2. Satisfying Parkland Development Obligation. Developer shall satisfy the 26.56 usable
acres of PLDO land dedication requirements for the Project by granting Public Access Easements
over the 6.545 net usable acre Neighborhood Park and 2.190 net usable acre Edge Trails and by
granting the IOD containing 17.825 net usable acres within the Community Park in lieu of paying
land acquisition fees otherwise required by the PLDO. Developer shall satisfy the parkland
development requirements of the PLDO for the Project by providing the Turnkey Neighborhood
Park and Edge Trails and by paying in-lieu fees for the Project’s proportionate share of the
Community Park development improvements as provided in the PLDO (“Development Fees”).
The final parkland dedication requirement is subject to the number and type of units constructed
within the Project, consistent with the PLDO and the terms of this Agreement. The location of the
Project’s parkland facilities is depicted in Exhibits C, E, F and G attached hereto. The parkland
dedication requirements for the Project shall not be increased by the City, unless the number of
residential units constructed within the Project is increased through City Council approval of an
amendment to the Village Eight East SPA Plan and Tentative Map.
2.1 Parkland Acquisition and Development Fees. PAD fees may be financed
and/or reimbursed with the proceeds of special taxes and bonds of one or more CFDs. Such
financing and reimbursement shall not in any way replace, negate, or reduce the
development fee credits outlined by this Agreement.
2.2 Additional Parkland. If the Project includes more than 336 detached
residential units, 2,940 attached residential units, and/or the type of unit changes from
attached to detached, Developer shall satisfy the additional PLDO obligations consistent
with CVMC Chapter 17.10.
2.3 Neighborhood Park. Developer shall construct the 6.545 net usable acre
Neighborhood Park with park improvements consistent with the SPA Plan, Exhibit “G-1”
Conceptual Neighborhood Park Plan, the PLDO, the City of Chula Vista Parks &
Recreation Master Plan, and the Chula Vista Landscape Manual pursuant to the following
process and on the following terms:
(A) Park Design and Approval of Construction Documents. Developer shall
obtain City written approval of the design of the Neighborhood Park pursuant to
Section 2.7 of this Agreement.
(B) Park Level of Improvements. City and Developer acknowledge that the
Neighborhood Park shall be privately owned and maintained by Association and,
as such, Park Improvements may deviate from standard Park Improvements
typically required in City parks, subject to review and approval of the Director of
Development Services, or their designee. The Neighborhood Park Improvements
provided pursuant to this Agreement shall be in Turnkey condition and consistent
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with the SPA Plan and Council approved Park Master Plan. Developer may elect
to provide amenities that are different and/or beyond, but not less than, those
associated with a typical City park. If Developer provides any such additional
amenities, the cost and associated park development credits shall be subject to
approval by Director of Development Services, or their designee. If a Park Master
Plan for the Neighborhood Park is approved that reflects a construction cost for
Park Improvements in excess of the park development fee obligation identified in
Section 2.9 Park Development Fee Obligation and Estimated Construction Cost,
the Developer shall in advance of incurring the costs get approval from the Director
of Development Services, or designee, to receive credit up to equivalent of the
approved Construction Costs as documented, and PAD-D fee for Community Park
acreage shall be reduced commensurately.
(C) Construction/Timing. Developer shall commence design and preparation of
the Park Master Plan for the Neighborhood Park no later than issuance of the
building permit containing the 838th residential unit in the Project (equal to
approximately 25% of the residential units), or as otherwise approved in writing by
the Director of Development Services, or their designee. Developer shall
commence construction of the Neighborhood Park no later than the issuance of the
building permit for the 1,638th residential unit in the Project (equal to approximately
50% of the residential units), or as otherwise approved in writing by the Director
of Development Services, or their designee. Construction work for the
Neighborhood Park shall proceed diligently and in good faith to the City’s
satisfaction.
(D) Alternatives and Boundary Adjustments. The parties agree that minor
adjustments to the Neighborhood Park boundaries may be appropriate during
preparation of the Park Master Plan and/or Park Landscape Improvement Plans for
the Neighborhood Park to optimize the interface with adjacent development. All
such adjustments shall be subject to written approval of the Directors of
Development Services and Engineering, or their designees. Nothing in this Section
shall be construed as allowing any reduction in the overall acreage of the
Neighborhood Park, but additional usable acreage provided may result in a park
credit at City’s discretion.
2.4 Edge Trails. Developer shall construct the Edge Trails comprised of
approximately 2.190 net usable acres as identified in Exhibit F and defined below. The
total area of the Edge Trails eligible to receive park credit shall be consistent with the
standards of this section and determined during final engineering and construction. The
Edge Trails shall include trail and recreational improvements consistent with the SPA Plan,
the PLDO, the Chula Vista Landscape Manual, the Project Landscape Master Plan,
applicable Project entitlements, and City Codes and regulations. Edge Trail improvements
shall be included in the landscape erosion control plans containing Edge Trail segments
described below, pursuant to the following process and on the following terms:
(A) Edge Trail Design and Approval of Construction Documents. Developer
shall obtain written City approval of the design of the Edge Trails pursuant to
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Section 2.8 of this Agreement. Edge Trail segments shall be designed and
constructed consistent with the following minimum requirements:
(1) The Project Unit 1 Final Map shall include a Public Access
Easement over the portion(s) of the Edge Trails within the limits of the
applicable Unit 1 Final Map. The Project Unit 2 Final Map shall include a
Public Access Easement over the remaining portion(s) of the Edge Trails.
(2) All Edge Trail segments shall be designed and constructed to
include pedestrian amenities at key locations. Pedestrian amenities may
include, but are not limited to, overlook points (as defined below), benches,
trail signage, fencing, shade structures, activity stations or features,
informational, wayfinding or cultural monumentation/kiosks, trash and
recycling receptacles and pet waste stations. Landscaping (trees, shrubs,
groundcover) and irrigation shall be consistent with the Project Landscape
Master Plan and the Project’s Fire Protection Plan and Addendum(s)
applicable Fuel Modification Zone(s).
(3) Developer shall include the Edge Trail segments in the Project
Landscape Master Plan and Landscape Erosion Control Plans containing
the Edge Trails as the basis for the Section 2.8 process.
(4) The following design standards shall apply to Edge Trail segments;
consistency with these standards shall qualify such segments for parkland
credit:
A. The Public Access Easement shall be 24-feet wide within a 24-
foot wide graded area. Portions of the Public Access Easement
coincide with an Otay Water District (“OWD”) Utility
Easement, City of Chula Vista sewer and/or storm drain
easement; the OWD utility easement shall only qualify as
satisfying the PLDO parkland obligations upon written
notification from OWD to the City of Chula Vista Director of
Development Services allowing the placement of a public
access easement over OWD utility easement. The City of Chula
Vista sewer and/or storm drain easement is not eligible to
satisfy the PLDO parkland obligations.
B. Use of the OWD utility easement for Edge Trail requires a letter
of approval from OWD to Development Services Director
approving use as a public access easement.
C. The Edge Trail shall maintain a 12-foot-wide minimum
walkable surface with landscape buffers on each side within the
24-foot wide level area (less than 5%).
D. All Edge Trail segments shall be designed and constructed
consistent with the accessibility standards and requirements
included within the California State Parks Trails Handbook.
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E. Retaining walls and wall footings are not permitted within the
24-foot Public Access Easement.
F. Post and rail fencing is permitted but not required on the Edge
Trail Segment A (Tentative Map, Street Section 13).
G. Post and rail fencing is permitted and required along the
southern boundary of the trail within the Edge Trail Segment B
(Tentative Map, Trail Section 4) and Edge Trail Segment C
(Tentative Map, Trail Section 5).
H. Portions of Edge Trail Segment B and Segment C are located
within Fuel Modification Zone 1. Landscaping within Fuel
Modification Zone 1 must comply with the Project Fire
Protection Plan (“FPP”), Addendum(s), associated Approved
Plant Palette, and OWD requirements. Tree planting is
permitted outside of the OWD easement, consistent with the
Fuel Modification Zone 1 requirements.
(5) Trail Overlook Points. Two (2) Overlook Points are planned along
the Edge Trails. The level portion of the Overlook Points with slopes less
than 4:1 shall be eligible for parkland credits and are included in the
estimated net usable acreage associated with the Edge Trails. The Overlook
Points are shown on the Tentative Map and are depicted on attached Exhibit
F. Overlook surfaces and seating shall meet accessibility requirements and
landscaping shall comply with the applicable FPP requirements.
(B) Edge Trail Level of Improvements. City and Developer acknowledge that
the Edge Trails, including Overlook Points, shall be privately owned and
maintained by Association. The Edge Trail improvements provided pursuant to this
Agreement shall be in Turnkey condition and consistent with the SPA Plan and
approved Landscape Master Plan and Landscape Erosion Control Plans.
(C) Construction/Timing. Developer shall commence design and preparation of
the Edge Trails within the Landscape Erosion Control Plans concurrent with, and
approved with, the precise grading plan. Developer shall commence construction
of the Edge Trail improvements no later than issuance of the building permit for
the 2,784th residential unit in the Project (equal to 85% of the residential units), or
as otherwise approved in writing by the Director of Development Services, or their
designee. Construction work for the Edge Trails shall proceed diligently and in
good faith to the City’s satisfaction.
(D) Alternatives and Boundary Adjustments. The parties agree that adjustments
to the boundaries of the Edge Trails and Overlook Points may be appropriate during
preparation of the Landscape Master Plan and/or Landscape Erosion Control Plans
containing the Edge Trail improvements to optimize the interface with adjacent
development. All such adjustments shall be subject to approval of the Directors of
Development Services and Engineering, or their designees. Nothing in this Section
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shall be construed as allowing any reduction in the overall acreage of the Edge
Trails or the required minimum width of 24 feet in any location within the Public
Access Easement, but additional usable acreage provided may result in a credit at
discretion of the Director of Development Services, or designee.
2.5 Community Park.
(A) Developer shall grant City an IOD containing 21.107 gross acres and
17.825 net usable acres within the P-2 Community Park on the first Final Map
within the Project. Such IOD shall be free and clear of all encumbrances or
easements not in favor of the City in accordance with the PLDO.
(B) PAD-D in-lieu fees for the Community Park shall be collected prior to
building permit issuance. Based on the approved SPA Plan and PFFP, it is
anticipated that approximately 2,160 units of the 3,276 total units in Village 8
East will be responsible for paying PAD-D fees toward the Community Park
based on fee at time of permit issuance.
(C) Developer shall initiate the rough grading of the Community Park site
subject to the IOD upon receipt of written notice from City. Developer is required
to bond for grading of the Community Park site which shall remain in force until
such grading is completed.
(D) The City shall be responsible for the design, construction and maintenance
of the Community Park including the Community Park Access Trails as defined in
the SPA Plan and Tentative Map.
(E) Developer and/or Association shall be responsible for maintaining the
slopes exceeding 4:1 adjacent to the Community Park.
(F) Developer shall install underground utilities to serve the Community Park
site to the property line. Consistent with Tentative Map condition of approval 49
(Exhibit “D”), Applicant shall construct an underground recycled water line as
depicted on the Village Eight East Tentative Map within the Community Park Trail
to the eastern property line of the Community Park (P-2). The Applicant shall
construct an underground potable water line within the existing Avenida Caprise
right-of-way from the point of connection in Village Eight West to the western
property line of the Community Park (P-2).
2.6 Park Credits & In-Lieu Fees. City shall grant Park Credits to Developer
pursuant to the following terms:
(A) Parkland Acquisition Credits. In satisfaction of the Project’s PLDO
obligation, City shall grant Developer Parkland Credits totaling 26.56 net usable
acres for the P-1 Neighborhood Park, the Edge Trails, and the P-2 Community Park
IOD area(s) consistent with the PFFP.
(B) Park Development Credits for Installation. In satisfaction of the Project’s
PLDO obligation, City shall grant Developer Park Development Credits for
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installation of the Neighborhood Park and the Edge Trails consistent with the
approved Park Development Budget. Developer may transfer such Park
Development Credits to other owners or guest builders within Village Eight East to
be applied to residential building permits within the Project in accordance with
Chula Vista Municipal Code Section 3.50.155. City shall grant Developer Park
Development Credits in accordance with Chula Vista Municipal Code Section
3.50.150.
(C) Park Development Fee Allocation. Consistent with section 2.5(B), a portion
of units within Village 8 East shall be responsible for paying PAD-D fee for the
Community Park at time of building permit issuance. In satisfaction of the Project’s
PLDO obligation.
(D) Parkland Credit Adjustments.
(1) After Developer has completed construction of the Neighborhood
Park and Edge Trail improvements, if it is determined that the amount of
Park Development Credits or obligations applied to residential building
permits within the Project exceeds the actual cost to construct the
Neighborhood Park and Edge Trail improvements, then Developer shall pay
the balance of the Park Development Fees to City within 60 days of receipt
of written notice from City to Developer.
(2) If Developer determines that construction costs will exceed the
City’s PLDO obligations, then Developer may propose to amend the Park
Master Plan / Edge Trail Plan to reduce or modify facilities to be consistent
with the City’s PLDO requirements. Alternatively, Developer may propose
to fund the additional construction costs. Developer shall submit, in advance
of incurring the costs, documentation to the City’s written satisfaction
demonstrating that the construction costs will exceed the City’s PLDO
obligations. The Developer may request the City grant Developer additional
Park Development Fee Credits, subject to review and written approval of
the Director of Development Services, or their designee.
2.7 Neighborhood Park Plan Review and Approval Process. The Park Master
Plan shall comply with the SPA Plan, Village Design Plan, the PLDO, Chula Vista
Landscape Manual, City Codes and regulations, and any applicable Project entitlements.
The privately owned and maintained P-1 Neighborhood Park shall be reviewed by City
pursuant to privately owned and maintained project standards under the Landscape Manual
and Landscape Improvement Review Packet to the maximum extent applicable as
approved by the City, and presented to the Chula Vista Parks & Recreation Commission
and Chula Vista City Council for approval, consistent with the following:
(A) Design Administration (Issue Concept Documents)
(B) 1st Submittal Package shall include:
(1) Description of park program and design concept
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(2) Illustrative site plan identifying all features, amenities, landscaping,
property lines, easements and interface with adjacent developments and
planned improvements fronting rights-of-way.
(3) Plant material legend, providing plant material options for each use
area and applicable hydrozone.
(4) Preliminary construction materials schedule, conveying the
proposed hardscape, fencing, walls, buildings/structures, furnishings,
lighting, signage, sculptural/art elements and amenity materials and
colors.
(5) Preliminary grading and drainage design, including stormwater
management.
(6) Sketches, elevations, sections and/or 3-D modeling (maximum of
two (2), as required to convey the proposed landforms and uses of key
areas.
(7) Hydrozone map showing areas to be irrigated and preliminary
irrigation mainline layout with proposed water meter(s) and brief
description of irrigation type.
(8) Preliminary Cost Estimate.
(C) Public Community Input. Developer shall conduct two (2) public
community meetings regarding the design and amenities of the Neighborhood Park.
Meeting noticing shall be limited to 500 feet of the project/park site including the
Association management entity in accordance with City policy. Developer shall be
responsible for community meeting notice in accordance with City policy copying
the Director of Development Services and notifying City staff of meeting dates,
times, and locations no less than 15 days prior to the meeting or in accordance with
City Policy, whichever is longer.
(D) Subsequent submittals shall include:
(1) Developer shall address all City comments.
(2) Developer shall meet and confer with City to resolve comments.
(E) Developer shall initiate the Design Development phase upon City Council
approval of the Neighborhood Park Master Plan.
(F) Developer shall submit 100% Construction Documents to City for review
(1st review) prepared pursuant to Privately Owned and Maintained Project
Standards. Construction Documents shall include:
(1) Precise Grading and Drainage Plans
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(2) Site Utility Plans
(3) Building Plans (per separate approval process)
(4) Landscape hardscape materials plans and support documentation
(5) Landscape amenities plan and support documentation
(6) Signage plan and support documentation
(7) Recycled water irrigation plans and support documentation
(8) Planting plans and support documentation
(9) Lighting plans and support documentation (per separate approval
process)
(10) Specifications
(11) Cost estimate
(G) Developer shall address City comments and submit revised Construction
Documents to City for subsequent reviews.
(H) Developer shall submit Construction Documents to Otay Water District
(“OWD”) and County of San Diego Department of Environmental Health (“DEH”)
for review and approval prior to City approval.
(I) After securing OWD and DEH approval and signatures and upon written
notification from City, Developer shall prepare final documents (mylars are not
required for private projects) for City approval.
(J) Construction Administration (Issue Bid Documents)
(1) Developer shall select a minimum of three qualified contractors and
shall prepare and issue competitive bid documents.
(2) Developer shall provide City with bid documents and tabulation of
bids. Developer shall select the lowest bidder. If the lowest bidder
is not selected, Developer shall provide City with reasoning for the
selection.
(3) Developer shall select contractor and initiate construction.
(4) Park improvements shall be subject to the City’s Landscape &
Irrigation Inspection Card for Privately Owned and Maintained
Project Standard(s).
(K) City shall issue final Park Development Credits to Developer once the park
construction and required maintenance establishment period(s) are complete, the
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Turnkey Park has been turned over to the Association and the City approves the
100% audit of park improvement Construction Costs.
2.8 Edge Trail Plan Review and Approval Process. The Edge Trail Plan shall
be reviewed and approved by City pursuant to trail improvement plans and consistent with
Privately Owned and Maintained Project standards, and presented to the Chula Vista Parks
& Recreation Commission and Chula Vista City Council for approval, consistent with the
following:
(A) The Landscape Master Plan, Rough Grading Plans, and Landscape Erosion
Control Plans, as required by the Subdivision Manual, shall define the location,
dimensions, slopes, irrigation systems, and surface and edge materials for the Edge
Trails consistent with the adopted SPA Plan. The Edge Trail design shall specify
planting, pedestrian amenities, and detailed design features within the 24-foot Edge
Trail corridor as depicted in the Landscape Erosion Control Plan. All such plans
shall comply with the SPA Plan, Preserve Edge Plan, Village Design Plan, and all
other applicable project entitlements, City codes, and regulations.
(B) Public Community Input. Developer shall conduct two (2) public
community meetings regarding the design and amenities of the Neighborhood Park
which shall include concept for the Edge Trail design. Meeting noticing shall be
limited to 500 feet of the project/park site including the HOA management entity
in accordance with City policy. Developer shall be responsible for community
meeting notice in accordance with City policy copying the Director of Development
Services and notifying City staff of meeting dates, times, and locations no less than
15 days prior to the meeting or in accordance with City Policy, whichever is longer.
(C) 1st Submittal Package of Landscape Master Plan shall include:
(1) Description of Edge Trail design concept
(2) Illustrative site plan identifying all features, amenities, landscaping,
property lines, easements and interface with adjacent developments
and planned improvements.
(3) Plant material legend, providing plant material options for each use
area and applicable hydrozone.
(4) Preliminary construction materials schedule, conveying the
proposed hardscape, fencing, walls, furnishings, lighting, signage
and amenity materials and colors.
(5) Preliminary grading and drainage design, as shown in Rough
Grading Plans.
(6) Sketches, elevations, sections and/or 3-D modeling (maximum of
two (2)), as required to convey the proposed landforms and uses of
key areas.
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(7) Hydrozone map and conceptual irrigation notes.
(8) Preliminary Cost Estimate.
(D) Subsequent submittals shall include:
(1) Developer shall address all City comments.
(2) Developer shall meet and confer with City to resolve comments.
(E) The Edge Trails concept approved in the Landscape Master Plan shall be
presented to Parks & Recreation Commission and Council concurrently with the
Neighborhood Park Master Plan. Developer shall initiate Design Development
phase upon City Council approval of the Neighborhood Park Master Plan and the
Edge Trails.
(F) Developer shall submit 100% Construction Documents of the Landscape
Erosion Control Plans to City for review, prepared pursuant to Privately Owned
and Maintained Project standards. Construction Documents shall include:
(1) Precise Grading and Drainage Plans with reference to applicable
Rough Grading Plans (per separate approval process)
(2) Site Utility Plans with reference to applicable Civil improvement
plans (per separate approval process)
(3) Landscape hardscape materials plan and support documentation
(4) Landscape amenities plan and support documentation
(5) Signage plan and support documentation
(6) Recycled water irrigation plan and support documentation
(7) Planting plans and support documentation
(8) Lighting plans and support documentation (per separate approval
process)
(9) Specifications
(10) Construction Cost Estimate
(G) Developer shall address final City comments and submit revised
Construction Documents to City for second review.
(H) Developer shall submit Construction Documents to OWD and County of
San Diego DEH for review and approval.
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(I) After securing City, OWD, and DEH approval and signatures and upon
written notification from City, Developer shall prepare final documents.
(J) Construction Administration (Issue Bid Documents)
(1) Developer shall select three qualified contractors and shall prepare
and issue competitive bid documents.
(2) Developer shall select contractor and initiate construction.
(3) Edge Trail Improvements shall be subject to the City’s Landscape
& Irrigation Inspection Card for Privately Owned and Maintained
Project Standard(s).
2.9 Park Development Fee Obligation and Estimated Construction Costs. The
estimated park development fee obligation for the Neighborhood Park and Edge Trails will
be calculated in accordance with CVMC 17.10. The final credit amount will be determined
upon Completion of Construction. The Development Impact Fee (“DIF”) rate used to
calculate park credits will be identified at approval of the construction documents.
Developer is responsible to spend the park development fee obligation on the installation
of the Neighborhood Park and Edge Trails through documented and approved Construction
Costs (soft and hard costs) consistent with this section. If the design and cost packages for
the Neighborhood Park and Edge Trails are submitted concurrently, park development fee
obligation shall be applicable to the total combined acreage of the Neighborhood Park
(6.545 ac) and Edge Trail (~2.190 ac), a specific per acre amount shall not be required for
any individual acre of the total approximate 8.735 acres eligible for park credit. If the
design and cost packages for the Neighborhood Park and Edge Trails are submitted
separately, the per acre PAD Fee shall be applicable to the Neighborhood Park acreage and
Edge Trail acreages separately.
(A) Documentation of Construction Costs. Developer shall within sixty (60)
days of Completion of Construction, provide City with all documentation
reasonably required to verify completion and substantiate Construction Costs for
the Turnkey Neighborhood Park and Edge Trails, for the City's review and
approval.
(B) Competitive Bid or Solicitation. Developer shall award a contract for
construction of the Neighborhood Park and Edge Trails by competitive bid.
Developer or its affiliate may act as a design-build entity or prime contractor for
the Neighborhood Park and Edge Trails where Developer provides written notice
to City of its intent to act as a design-build entity or prime contractor and provides
information demonstrating its competence and qualifications to perform the
developer-performed work, City determines, in City’s sole discretion, that
Developer is competent and qualified to complete the developer-performed work
and authorizes Developer to proceed with the developer-performed work; and
Developer competitively bids all subcontracts for the developer-performed work.
(C) Bid and Award. Developer shall prepare, or cause to be prepared, bid
documents and contract documents (“Bid Documents”) for construction of the
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Neighborhood Park and Edge Trails in accordance with all applicable local codes,
SPA Plan, and project-specific design guidelines, subject to City approval
consistent with this Agreement. Bid Documents shall include, without limitation,
detailed plans and technical specifications, bonding requirements, insurance
requirements, mandates for timely completion, and remedies for untimely
completion. Developer shall solicit, or cause to be solicited, sealed competitive bids
for prime contracts and subcontracts for construction of the Neighborhood Park and
Edge Trails on a guaranteed maximum price, lump sum price, or per unit, line-item
basis and in accordance with industry standard procurement practices as determined
by City. In the event that the Developer combines the Neighborhood Park or Edge
Trail work with other development work, such as erosion control landscape, into a
single bid solicitation or contract, the Developer shall clearly delineate all scope
eligible to receive park credit within the bid and contract documents. Developer
shall award contracts (except for prime contracts awarded to Developer or its
affiliate pursuant to Section 2.9.(B)), and shall award, or shall cause the applicable
entity or contractor to award, subcontracts for construction of each park/trail to the
lowest responsive and responsible bidder, or the bidder that is determined by
Developer to be the “best qualified contractor,” subject to City approval. When
determining the “best qualified contractor,” Developer shall consider, without
limitation, a bidder’s demonstrated competence, qualifications, ability to achieve
timely completion, capacity, skill, compliance with bid documents, costs, and other
relevant criteria. If Developer awards a prime contract or subcontract to a bidder
other than the lowest responsive and responsible bidder for an item or unit of work,
then all Park Development Credits shall not exceed the amount of the lowest
responsive and responsible bid for that item or unit of work; bids submitted by
bidders deemed to be not responsible shall not be used to determine the lowest bid
for an item or unit of work. This not-to-exceed limitation may be waived where: (a)
the amount of the bid does not exceed the engineer’s estimate or other approved
estimate for the applicable park/trail by more than 10 percent; and (b) the City
approves a waiver. All approvals of City required hereunder shall be in writing by
the Director of Development Services, or their designee.
(D) Resource Management Plan. The Otay Ranch Resource Management Plan
(“RMP”), Section 6.1.2, requires the conveyance of fee title to land within the Otay
Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of “development area,” as defined in the RMP.
Because the Neighborhood Park will have a Public Access Easement granting the
public access to the Neighborhood Park for public park purposes, the City agrees
that the Neighborhood Park will be considered “Common Area” for purposes of the
RMP, and therefore, in accordance with RMP, Section 6.1.2, Developer will not be
required to convey land within the Otay Ranch Preserve with respect to the acreage
within the Neighborhood Park.
3. Maintenance.
3.1 Neighborhood Park & Edge Trails Maintenance.
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(A) Maintenance Prior to Construction Completion. Developer shall be solely
responsible for maintenance of the Neighborhood Park and Edge Trails to the
satisfaction of the Director of Development Services, or their designee, until
Association or other entity assumes responsibility for maintenance of the
Neighborhood Park and Edge Trails pursuant to the CC&Rs.
(B) Ongoing Park & Edge Trail Maintenance. CC&Rs governing Village Eight
East shall stipulate that maintenance by Association shall be to the satisfaction of
the Director(s) of Public Works and Parks and Recreation, or their designee(s);
however, in no case shall City require the level of maintenance to exceed the level
of maintenance of a City operated public park facility. Upon such acceptance
(Turnover) of Neighborhood Park and Edge Trail maintenance responsibilities by
Association in accordance with the Project’s GELMA, Developer shall be released
from any further obligation to maintain the Neighborhood Park and Edge Trails by
written consent of the Director of Development Services.
3.2 Community Park Maintenance. City shall maintain the Community Park
upon acceptance of the IOD for the Community Park, as well as upon completion of rough
grading of the site to the City’s written satisfaction pursuant to Section 2.5 above. Further,
pursuant to Section 2.5(E) above, Developer and/or Association shall maintain slopes
adjacent to the Community Park.
4. Permitted Uses and Events. Private operators, rentals, concessions and special events are
permitted within the Neighborhood Park and Edge Trails. Special events may require additional
permits from the City. This agreement does not waive any special event permitting.
4.1 Community Oriented Vendors, including private business operators and/or
non-profit entities shall be permitted to operate facilities, services, programs , activities, and
special events within the Neighborhood Park and Edge Trails consistent with the permitted
uses listed below, at the sole discretion of the Association.
4.2 The Association shall have full decision-making power over rentals and
concessions in Neighborhood Park and Edge Trails, as well as control over and right to
receive any revenues derived therefrom. CVMC Chapter 2.66 applicable to City public
parks shall apply to the Neighborhood Park and Edge Trails, unless specific permits are
secured such as alcohol or event permits. The following operational rules shall be
applicable to the Neighborhood Park and Edge Trails:
(A) Public Access. Both Association members and the public shall have access
to rental opportunities in the Neighborhood Park. Members of the public shall
coordinate directly with the Association for any such rentals and payment of fees.
Association members or the public may secure rentals on a first-come, first-served
basis. Association shall establish rental fees at a reasonable market-rate fee for
similar amenities. Rentals for Association members may be discounted at the
discretion of the Association. Residents residing in deed restricted affordable units
within the Association shall be considered for a reduced or entirely waived fee for
rentals.
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(1) Association shall, at all times, make available to the public current
information regarding the procedures for renting and/or reserving
facilities and spaces within the Neighborhood Park and/or Edge
Trails, including all associated fees. Such information shall be
published on the Association’s website or other publicly accessible
platform and shall be provided to the City’s Director of Parks and
Recreation, or their designee, annually and/or following any
changes. The City may use this information for publication or
dissemination in the same manner as it provides information about
other City parks and recreational activities.
(B) City Reservation. City shall have the opportunity to request and receive
approval from Association for up to twelve (12) City-sponsored events per year at
the Neighborhood Park or Edge Trails, subject only to availability, reasonable
insurance, public health, and safety requirements. City shall coordinate directly
with the Association to schedule any City-sponsored events. City shall be
responsible for repairing any damage to the Neighborhood Park or Edge Trails
resulting from any City-sponsored event. In addition, City shall be responsible for
all custodial and trash removal following any City-sponsored event.
(C) Hours of Operation. The Neighborhood Park and Edge Trails shall be open
to the public and Association members daily consistent with CVMC 2.66.270.
(D) Permitted Uses. In addition to the uses permitted in the Village Eight East
Planned Community District Regulations, the following uses are permitted uses,
subject to appropriate City permits, in the Neighborhood Park. All such uses shall
not prevent public use of other portions of the Neighborhood Park:
(1) Athletic, health, play or sports equipment, or facilities.
(2) Commercial recreation, including private, public or non-profit
operators that provide indoor or outdoor recreational services and
activities. Fee based services are permitted.
(3) Concessions in a fixed location, within a building, in a temporary
tent, canopy or structure or provided by a mobile vendor.
(4) Craft fair or market.
(5) Events, functions and programs that serve or sell alcoholic
beverages, subject to State and or City regulations for the sale of
alcoholic beverages.
(6) Farmer’s fair or market.
(7) Recurring and special events, both public and private.
(8) Sale of merchandise, food and beverages.
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(9) Vending vehicles, including food trucks and goods merchants for
events, functions and programs organized by or supported by
Association are expressly permitted. A City issued business license
and any required permits to sell food or goods shall be required to
all business and food trucks, as applicable.
(10) Youth and adult sport, health, educational and recreational
activities including those operated by private entities.
5. Delays. The City may approve Commencement and/or Completion of Construction dates
for the Neighborhood Park and Edge Trails due to City-caused delays in approving park plans or
due to force majeure. Developer shall not be held responsible for Construction Timing
requirements in sections 2.3.(C) and 2.4.(C), and City shall not withhold building permits, based
on City-caused delays in approving park plans.
6. California Labor Code. As set forth in Lincoln Landing Project – City of Hayward, Public
Works Case No. 2017-025 (April 18, 2019), the construction of the Neighborhood Park and Edge
Trails consistent with PLDO obligations is not a “public work” as defined in the California Labor
Code for the purposes of prevailing wage requirements and is therefore not subject to prevailing
wage.
7. Changes. The City reserves its right to amend the PLDO, SPA Plan, City Parks and
Recreation Master Plan and City Landscape Manual, subject to state and federal law, and to the
statutory development agreements affecting Village Eight East. The parties agree that, should any
changes in state or federal law result in one or more provisions of this Agreement no longer being
enforceable, the parties shall meet and confer regarding amending the Agreement accordingly. The
required PLDO fee obligations and values are subject to annual updates that are effective every
October 1st.
8. City Action. If the City finds that the proposed design of the Neighborhood Park and/or
Edge Trails is inconsistent with the terms of this Agreement, Developer shall have the opportunity
to re-design the Neighborhood Park and/or Edge Trails and submit the revised design for the
Development Services Director, or designee, for consideration.
9. General Provisions.
9.1 Notices. All notices and demands given pursuant to this Agreement shall
be written. They shall be deemed served (i) immediately, upon personal delivery; (ii) the
next business day, if sent prepaid by recognized overnight service such as FedEx for
delivery the next business day; or (iii) three (3) business days after deposit in the United
States mail, certified or registered mail, return receipt requested, first-class postage prepaid.
Until notice of a change of address is properly given, notice shall be given:
If to City: City of Chula Vista
Attn: City Manager
276 Fourth Avenue
Chula Vista, California 91910
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With a copy to: Office of the City Attorney
Attn: City Attorney
276 Fourth Avenue
Chula Vista, California 91910
If to Developer: HomeFed Village 8E, LLC
1903 Wright Place, Suite 220
Carlsbad, California 92008
Attn: Chris Foulger and Kent Aden
With a copy to: Sheppard Mullin Richter & Hampton
501 West Broadway, Suite 1900
San Diego, California 92101
Attention: David M. Hymer
9.2 Captions. Captions in this Agreement are inserted for convenience of
reference only and do not define, describe or limit the scope or the intent of this Agreement.
9.3 Entire Agreement. This Agreement embodies the entire agreement and
understanding between the parties regarding the subject matter hereof . No prior or
contemporaneous oral or written representations, agreements, understandings and/or
statements regarding its subject matter shall have any force or effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless
expressly noted. However, all previous written agreements, such as supplemental
subdivision improvement agreements, by and between the parties relating to park
obligations, as well as City’s Parks and Recreation Master Plan and Landscape Manual,
remain in full force and effect except to the extent they conflict with this Agreement.
9.4 Scope. This Agreement applies only to the Property and the Project; it shall
not relieve developers other than Developer (and its subsidiary entities, merchant builders
and other buyers of portions of the Property) from any responsibility to meet park
development obligations per the PLDO.
9.5 Contents of Agreement. All recitals set forth above and all exhibits
attached hereto are part of this Agreement.
9.6 Severability. If any provision of this Agreement or its particular application
is held invalid or unenforceable, the remaining provisions of this Agreement, and their
application, shall remain in full force and effect, unless a party’s consideration materially
fails as a result.
9.7 Recordation. The City may record this Agreement in the Office of the
County Recorder of San Diego County, California.
9.8 Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney drafted this Agre ement. It shall be
conclusively presumed that all parties participated equally in drafting this Agreement.
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9.9 Authority. Each party warrants and represents that it has legal authority
and capacity to enter into this Agreement, and that it has taken all necessary action to
authorize its entry into this Agreement. Each party warrants and represents that each
individual signing this Agreement on behalf of such entity is duly authorized to sign this
Agreement on its behalf so as to bind their principal.
9.10 Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and
acknowledged by the parties hereto, their successors or assigns.
9.11 Successors.
(A) In the event that Developer transfers or assigns its interest in the Property
in whole or in part, to any person or entity during the Term of this Agreement, any
such transferee or assignee shall be bound by the terms and conditions of this
Agreement, as applicable to the portion of the Property acquired by the transfer or
assignment. Notwithstanding the foregoing, except as provided in Section 3.1 with
respect to maintenance of the Neighborhood Park and the Edge Trails, no
assignment or transfer shall relieve the Developer from any of its obligations under
this Agreement without prior written consent by the City, which consent shall not
be unreasonably withheld.
(B) Compliance with this Agreement shall be deemed to satisfy Developer’s
PLDO and SPA Plan obligations relating to Parks. Once the Neighborhood Park
and the Edge Trails and their associated improvements have been constructed and
once the Community Park IOD has been accepted, as required by this Agreement,
all Park dedication and improvement requirements for the Property and Project
shall be deemed complete and the obligation shall be removed from title, as to
Developer and any merchant builders developing within the Property.
(C) Notwithstanding any other provision of this Agreement:
(1) When any individual lot has been finally subdivided and sold,
leased, or made available for lease to a member of the public or
any other ultimate user, PAD obligations have been met and a
certificate of occupancy has been obtained for the building(s) on
the lot, that lot and its owner shall have no further obligations
under and shall be released from this Agreement.
(2) Upon the conveyance of any lot, parcel, or other property, whether
residential, commercial, or open space, to a homeowners’
association, property owners’ association, or public or quasi-public
entity, that lot, parcel, or property and its owner shall have no
further obligations under and shall be released from this
Agreement.
9.12 Term. This Agreement shall remain in effect in perpetuity, provided
however that the provisions of Sections 2.3 and 2.4 will terminate upon Completion of
Construction and Turnover of the Neighborhood Park and the Edge Trails.
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9.13 Governing Law and 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 the federal or state courts located in
San Diego County, State of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and performance hereunder, shall be
the City of Chula Vista.
9.14 Administrative Claims Requirements and Procedures. No suit or
arbitration shall be brought arising out of this Agreement against the City unless a claim
has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in CVMC Chapter 1.34, as may be amended from
time to time, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the City in the implementation of same.
Upon request by the City, Developer shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
9.15 Remedies. The rights of the Parties under this Agreement are cumulative
and not exclusive of any rights or remedies that the Parties might otherwise have unless
this Agreement provides to the contrary, including the rights of the City to enforce the
CC&Rs as provided in Section 16.9 thereof. Should the Developer and/or its Assignee fail
to maintain the Neighborhood Park and the Edge Trails in accordance with this Agreement
or should they take any action that unreasonably restricts public access to the
Neighborhood Park and Edge Trails in violation of the Public Access Easement, the City
may provide written notice of such failure to the Developer or the Association setting forth
in detail the alleged failure. The Developer or the Association shall have ten (10) business
days from receipt of such notice to cure, or if it is not possible to cure within such ten (10)
business day period, to commence curing such failure. If the Developer or the Association
fails to cure, or fails to commence to cure as provided herein, the City may perform the
maintenance and charge the cost thereof to the Developer or the Association.
9.16 Indemnification. Developer shall timely and fully indemnify, reimburse,
protect and hold the City, its officers, employees, agents and independent contractors, free
and harmless from any liability, costs, injury, including death, or damage of any kind or
nature, relating to, arising out of, or alleged to be the result of the acts, omissions,
negligence or willful misconduct of Developer or Developer’s employees, subcontractors
or other persons, agencies or firms for whom Developer is legally responsible, relating to
or arising from Developer’s activities contemplated and required under this Agreement,
excepting only those claims for damages arising from the active negligence or willful
misconduct of the City. Developer shall defend, at its own expense, including attorneys ’
fees, the City, its officers, agents, employees and independent contractors in any legal
action based upon such alleged acts or omissions of Developer. The City may, in its
discretion, participate in the defense of any such legal claim, action or proceeding at its
own expense with the understanding that Developer’s attorneys shall be lead counsel and
City’s attorneys shall, to the maximum extent feasible, cooperate with Developer’s
attorneys. Developer’s obligations under this Section shall terminate with respect to any
liability, costs, injury, including death, or damage of any kind arising with respect to the
Neighborhood Park and the Edge Trails after the Association acquires title to such
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Neighborhood Park and the Edge Trails and with respect to any Community Park after the
City accepts the IOD and rough grading for such Community Park.
9.17 Non-liability of City Officials and Employees. No member, official,
employee or consultant of the City shall be personally liable to Developer or its successor-
in-interest in the event of any default or breach by City, or for any amount which may
become due to Developer or to its successor-in-interest, or on any obligations under the
terms of this Agreement.
9.18 Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which together will
constitute one instrument.
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9.19 SIGNATURE PAGE TO PARKS AGREEMENT FOR OTAY RANCH
VILLAGE EIGHT EAST
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
date set forth above.
Approved as to form by
Marco Verdugo, City Attorney
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EXHIBIT A
VILLAGE EIGHT EAST
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EXHIBIT B
LEGAL DESCRIPTION
PARCELS 1 AND 2 OF PARCEL MAP NO. 21215, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 2015.
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EXHIBIT C
VILLAGE EIGHT EAST SITE UTILIZATION PLAN
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EXHIBIT D
REFERENCED TENTATIVE MAP CONDITIONS OF APPROVAL
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EXHIBIT E-1
CONCEPTUAL COMMUNITY PARK PLAN
Note: This concept plan is for illustrative purposes only. Actual site development may vary from concepts depicted
in this exhibit, as determined during park design.
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EXHIBIT E-2
COMMUNITY PARK FIRST FINAL MAP UNIT 1 IOD ACREAGE
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EXHIBIT F-1
EDGE TRAIL LOCATION AND DETAILS
Edge Trail Segment A (TM Private Acces Road Section 13, pg 3)
Edge Trail Segment B (TM trail Section 4, pg 3)
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.
Edge Trail Section C (TM trail Section 5, pg 3)
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EXHIBIT F-2
EDGE TRAIL EASEMENT NET ACREAGE
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EXHIBIT G-1
CONCEPTUAL NEIGHBORHOOD PARK PLAN
Note: This concept plan is for illustrative purposes only. Actual site development may vary from
concepts depicted in this exhibit, as determined during park design.
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EXHIBIT G-2
NEIGHBORHOOD PARK GROSS AND NET ACREAGE
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Affordable Housing Agreement
Village 8 East
RECORDING REQUESTED BY:
City of Chula Vista
AND WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
THIS SPACE ABOVE FOR RECORDER’S USE
AFFORDABLE HOUSING AGREEMENT
[OTAY RANCH VILLAGE EIGHT EAST]
This Inclusionary Affordable Housing Agreement (“Agreement”) is made as of
_______________, 2025, by and between HOMEFED VILLAGE 8E, LLC, a Delaware limited
liability company (“Developer”), and the CITY OF CHULA VISTA, a California chartered
municipal corporation (“City”), with reference to the following facts:
A. The Housing Element of the City of Chula Vista’s General Plan contains the City’s “Balanced
Communities Affordable Housing Policy,” which requires that residential developments
meeting specified criteria provide a minimum of 10% of the total dwelling units to low and
moderate-income households, with at least one half of those units (5% of project total units)
being designated for low-income households (the “Affordable Housing Obligation”).
B. The Balanced Communities Affordable Housing Policy was codified, in amended form, as
Chula Vista Municipal Code (“CVMC”) Chapter 19.91 (Inclusionary Housing), pursuant to
Ordinance 3572, adopted on May 28, 2024. CVMC Chapter 19.91 establishes that ten percent
(10%) of each residential development of twenty (20) or more units be designated as affordable
to low and moderate-income households, including five percent (5%) designated for low-
income households and five percent (5%) for moderate-income households.
C. Developer is the owner of certain real property located in the City of Chula Vista and generally
known as Otay Ranch Village Eight East, as shown on Exhibit “A” (referred to herein as
“Village 8 East” or the “Project”). The Project is more particularly described in Exhibit “B”
(“Legal Description”) which is attached hereto and incorporated herein by this reference.
D. On December 2, 2014, the City approved the Otay Ranch Village 8 East Sectional Planning
Area Plan (“SPA Plan”) for the Project by Resolution Number 2014-235 as modified on
February 18, 2020, pursuant to Resolution No. 2020-036 and as modified on May 14, 2024,
pursuant to Resolution No. 2024-082. On May 14, 2024, the City also approved the Otay
Ranch Village 8 East Affordable Housing Program and the Tentative Map for Otay Ranch
Village 8 East, Chula Vista Tract No. 22-005 (“Tentative Map”).
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Affordable Housing Agreement
Village 8 East
E. Resolution No. 2024-082, Condition Number 28 requires that Developer enter into an
affordable housing agreement with the City prior approval of Developer’s first Final Map for
Village 8 East, for purpose of further implementing the Affordable Housing Obligation for the
Project, as such affordable housing obligation is defined in the Affordable Housing Program
portion of the SPA Plan. The SPA Plan further required that the affordable housing agreement
be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing
Plan and the Village 8 East Affordable Housing Program. The SPA Plan authorizes the
construction of approximately 3,276 multi-family residential units within the Project, with a
requirement for five percent of these units being designated for low-income households and
five percent for moderate-income households, amounting to 164 low-income and 164
moderate-income units at the above approved build-out; however, the Affordable Obligation
may change based upon final build-out of the Project.
F. This Agreement represents the Affordable Housing Agreement and shall be executed and
recorded against Village 8 East prior to approval of the first Final Map in Village 8 East.
G. The Tentative Map and other approvals contemplate that 3,276 residential units will be
developed as part of the Project, with a corresponding affordable housing obligation of 328
affordable housing units (consisting of 164 low income units and 164 moderate income units)
for the Project. Should Developer build in excess of 3,276 residential units, then Developer’s
Affordable Housing Obligation (as defined below) shall be modified accordingly, as set forth
in Section 2(a)(3) [Additional Affordable Housing Units].
H. HomeFed Otay Land II, LLC, Delaware limited liability company, Otay Land Company, LLC,
a Delaware limited liability company, and the City entered into the Affordable Housing
Transfer Agreement (the “Village 8 Transfer Agreement”) dated as of December 6, 2016
(Document No. 2016-0700047). Pursuant to the Village 8 Transfer Agreement, the obligation
to provide 64 Low-Income and 33 Moderate-Income Housing units were transferred from
Village 3 to Village 8 (collectively Village 8 West and Village 8 East) (“2016 Transferred
Village 3 Affordable Units”).
I. HomeFed Otay Land II, LLC, a Delaware limited liability company, and the City entered into
the Village 8 East Affordable Housing Transfer Agreement (the “Village 8 East Transfer
Agreement”) dated as of August 23, 2022 (Document No. 2023-0171698). Pursuant to the
Village 8 East Transfer Agreement, the obligation to provide 19 Low-Income and 19
Moderate-Income Housing units was transferred from Village 3 to Village 8 East (“2022
Transferred Village 3 Affordable Units”).
J. Otay Affordable I V8, L.P., a California limited partnership, and the Chula Vista Housing
Authority entered into a Regulatory Agreement and Declaration of Restrictive Covenants dated
as of December 1, 2020 (Document No. 2020-0817951) for the construction of an affordable
housing project within Village 8 West consisting of 122 low income units (including the two
on-site manager/maintenance staff units), and 53 Very Low-Income units (the “Meta Project”).
The Meta Project satisfied the obligation associated with the 2016 Transferred Village 3
Affordable Units and partially satisfied the remaining affordable housing obligation for Village
8 West, resulting in a remaining obligation to provide 68 Moderate-Income Housing units
within Village 8. Developer, HomeFed Village 8 West, LLC and the City are entering into a
2024 Village 8 Affordable Housing Transfer Agreement (the “2024 Village 8 East Transfer
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Agreement”). Pursuant to the 2024 Village 8 East Transfer Agreement, the obligation to
provide such 68 Moderate-Income Housing units will be transferred from Village 8 West to
Village 8 East (“2024 Transferred Village 8 West Affordable Units”). Upon recordation of
the 2024 Village 8 East Transfer Agreement, the affordable housing obligations for Village 8
West will be satisfied.
K. The Developer’s total affordable unit obligation within Village 8 East is summarized in Table
1: Developer’s Affordable Housing Obligation.
Table 1: Developer’s Affordable Housing Obligation
Village 8 East Affordable Housing
Obligation 164 164 328
Village 8 West Remaining Affordable
Housing Obligation 68 68
Village 8 East Transfer Agreement 19 19 38
TOTAL 183 251 434
NOW THEREFORE, in consideration of the mutual promises described herein, and other good
and valuable consideration, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms
shall mean:
a. “Affordable Housing Cost” shall have the meaning set forth in CVMC Section
19.91.030.
b. “Affordable Rent” shall have the meaning set forth in CVMC Section 19.91.030.
c. “Affordable Unit” means a unit restricted via a Regulatory Agreement, as defined
below, at an Affordable Rent or Affordable Housing Cost to persons or families of low
or moderate income, as defined in California Health and Safety Code Section 50093.
d. “Developer’s Affordable Housing Obligation” means, collectively, (i) Developer’s
Village 8 East Affordable Housing Obligation, which is calculated based upon the total
number of units authorized within Village 8 East as set forth in the Village 8 East SPA
Plan with the actual requirements to be adjusted based on the total number of residential
units in the Project as shown on the recorded Final Map(s) for the Project; (ii)
Developer’s obligation to provide 19 Low-Income and 19 Moderate-Income Housing
units at the Project pursuant to the 2022 Village 3 Transfer Agreement; and (iii)
Developer’s obligation to provide 68 Moderate Income Units pursuant to the 2024
Village 8 East Transfer Agreement.
e. “Low Income Household” has the meaning set forth in California Health and Safety
Code Section 50079.5.
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f. “Low Income Unit” means a housing unit which is restricted at an Affordable Rent or
Affordable Housing Cost to a Low Income Household.
g. “Moderate Income Household” shall have the same meaning as “persons and families
of moderate income” in California Health and Safety Code Section 50093.
h. “Moderate-Income Unit” means a housing unit which is restricted at an Affordable
Rent or Affordable Housing Cost to a Moderate Income Household.
i. “Regulatory Agreement” means a City-approved agreement or other similar binding
instrument executed by the City and Developer imposing certain covenants, terms, and
conditions on a property within Village 8 East relating to the acquisition, construction,
equipping, operation, and occupancy of a residential development providing
Affordable Units in full or partial fulfillment of this Agreement and the Affordable
Housing Program portion of the SPA Plan. Such restrictions shall be recorded against
that real property containing the Affordable Units, senior to all monetary liens other
than the lien of real property taxes, special taxes and assessments, as covenants running
with land, and shall be enforceable by the City and/or Chula Vista Housing Authority
against the applicable Developer and all future owners or successors-in-interest.
2. Duty to Build. Developer’s Affordable Housing Obligation shall be satisfied with respect to
the Project if the following conditions are met: (a) Developer constructs, equips, and operates
all of the Low-Income and Moderate-Income Housing units required by this Agreement, in
compliance with the schedule set forth in Section 2.a below; (b) Developer records Regulatory
Agreements against the portions of the Project which will satisfy the Affordable Housing
Obligation; or (c) if applicable, Developer, meets its obligation through an alternative method
of compliance as set forth in Section 4 below.
a. Schedule for Implementing the Affordable Housing Obligations. Developer shall
provide the Low-Income and the Moderate-Income Housing units pursuant to the
following schedule:
1. Village 8 East Regulatory Agreement required. Prior to approval of the first Final Map in
Village 8 East, this Agreement or a Regulatory Agreement shall be duly executed by the City
and Developer and recorded against the Project, senior to all monetary liens other than the lien
of real property taxes, special taxes and assessments. Developer’s Affordable Housing
Obligation may also be transferred to Village 9 or Village 10, subject to City approval.
2. Commencement of Village 8 East Initial Affordable Housing Unit Construction. Prior to the
issuance of the building permit for the 1,966th residential production unit to be constructed
within the Project, Developer shall commence construction of 60 percent of the total number
of qualified Low-Income and Moderate-Income Housing units (110 units and 151 units,
respectively) (“Village 8 East Initial Affordable Units”). Commencement of construction
shall mean the Developer has obtained a building permit for that first building providing units
affordable to and restricted for occupancy by low income households. Construction of the
remaining number of required Low-Income and Moderate-Income Housing units (73 units and
100 units respectively) shall commence prior to the City’s issuance of the building permit for
the 3,276th production unit to be constructed within the Project (“Village 8 East Final Phase”).
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Developer shall thereafter diligently pursue completion of construction of the aforementioned
Low-Income and Moderate-Income Housing units, with construction to be completed no later
than two (2) years from the date of issuance of the first building permit for such Low-Income
and Moderate-Income Housing units.
3. Additional Affordable Housing Units. Prior to the issuance of the building permit for the
residential unit representing the 3,277th residential production unit to be constructed within the
Project, Developer shall commence construction of any additional (above the 434 identified in
the above paragraph) qualified Low-Income or Moderate-Income Housing units required of
Village 8 East. Commencement of construction shall mean the Developer has obtained a
building permit for that building providing units affordable to and restricted for occupancy by
low and moderate-income households.
Upon issuance of temporary certificates of occupancy for the Village 8 East Initial
Affordable Units, if not previously released, a partial release shall be recorded
releasing 1,966 of the residential product units to be constructed within the Project
from the burden of this Agreement. Upon issuance of temporary certificates of
occupancy for the remaining affordable housing units within the Project, if not
previously released, the Project shall be released of the burden of this Agreement
as specified in Section 10 below.
a. Progress report. Every twelve (12) months, Developer shall provide the City
with a report documenting progress made toward meeting Developer’s
Affordable Housing Obligation, including identification of sites, financing, and
submittal of entitlement applications for the Affordable Units, in a form to be
determined by the City Manager, or designee. No further reports shall be
required upon satisfaction of this obligation.
b. Completion of Construction. For purposes of this Agreement, construction
shall be deemed complete upon issuance of a temporary certificate of
occupancy for the applicable Affordable Units by the City.
c. Minor Delays. The thresholds described herein for commencing construction
of Affordable Units are based upon the current phasing proposals for the Project
as shown on the Tentative Map. City and Developer acknowledge that changes
to the Project may be required from time to time which could have a minor or
insubstantial impact on the timing of construction of the Affordable Units.
Accordingly, changes to the Project that could result in a delay in the
construction of such units may, in the City’s sole discretion, be considered
minor or insubstantial by the City Manager or designee and made without
amendment to this Agreement. In addition, if Developer is delayed for
unexpected or unforeseen reasons and which are beyond its reasonable control,
the schedule above may be extended to the extent of such delay, upon approval
of the Development Services Director. All other changes shall require a written
amendment to this Agreement.
3. Incentive Credit. The City has a greater need for housing affordable to very low and low -
income households. Therefore, to encourage Developer to provide for these households, the
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City will reduce Developer’s Affordable Housing Obligation, when the Developer provides
Affordable Housing Units for very low or low-income households. Developer’s Affordable
Housing Obligation set forth in Section 2 of this Agreement will be reduced as set forth in
Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing).
4. Transfer or Sale to Third Party. If Developer sells portions of Village 8 East that include a
residential development providing Affordable Housing to any third party, then either such third
party will enter into a Regulatory Agreement or Developer and such third parties shall each be
a Developer under this Agreement. The Affordable Housing Obligation of each Developer
shall, subject to City approval, be allocated to each Developer based upon the total number of
Affordable Housing residential units to be constructed within each Developer’s ownership
interest. Such obligation will be satisfied by each Developer implementing the requirements
set forth in this Agreement. The City may require an additional agreement with the added
Developer to effectuate this Agreement. The obligations of each Developer will be separate
so that no default under this Agreement by any Developer will affect any other Developer or
the property owned by such other Developer, except that the City will have the right to
withhold the issuance of building permits as expressly provided in this Agreement.
5. Alternative Methods of Compliance. The City shall allow Developer to fulfill fifty percent
(50%) of its Affordable Housing Obligation in accordance with CVMC Section 19.91.080 A.
(“Inclusionary Units Provided Off Site”). Any requests by Developer to fulfill a portion of its
Affordable Housing Obligation in accordance with other subsections of CVMC 19.91.080
(“Alternative compliance”) shall be considered by the City in its sole discretion.
6. Duty to Identify. This Agreement identifies potential sites for the construction of both the
Low-Income and Moderate-Income Housing within Village 8 East, as depicted on Exhibit C,
Potential Affordable Housing Sites. Efforts shall be made to identify sites for Affordable Units
close to existing and proposed public transit facilities and services, community facilities and
services, employment opportunities and in locations that are compatible with adjacent land
uses. Efforts shall also be made to avoid concentrating affordable sites. Identification of
potential target sites in this Agreement describes one way in which the Affordable Housing
Obligation might be met and is not meant to require that affordable units be constructed on any
specific sites nor to preclude other alternatives, including those methods referenced in Section
3 above. A final determination as to the location and type of affordable housing sites will
occur with subsequent entitlements, approvals and agreements. The City agrees that the
Affordable Housing Obligations may be met through any combination of for sale and/or rental
units for Low and Moderate Income Housing.
7. Duty to Implement Affordable Housing Program. Developer shall cause the Affordable Units
to be developed, marketed, and rented in accordance with CVMC Chapters 19.93 and 19.94,
as applicable., and the Project’s Sectional Planning Area (SPA) Affordable Housing Program,
as they may be adopted and amended from time to time, the terms and conditions of which are
hereby incorporated by this reference. In the event that there is an inconsistency between this
Agreement and the City’s affordable housing policies, this Agreement shall control.
8. Demand to Build. Notwithstanding the provisions of Section 2 of this Agreement, if the City
reasonably believes that Developer will not reach the building permit thresholds described in
Section 2 (which would trigger the construction of the Low Income Housing units) or that
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Developer will not complete construction of the Low-Income and/or Moderate-Income
Housing units, the City shall have the right to demand that Developer construct a proportional
amount of Low-Income and/or Moderate-Income Housing units relative to the total number of
residential building permits that have been issued for the Project. The City shall provide
Developer with the written demand to construct the units which written demand shall include
a reasonable period of time for Developer to commence construction of said units. Developer
shall complete construction of the Low-Income and/or Moderate-Income Housing units, as
required by this paragraph, within two years of the commencement of construction of the units
so demanded, subject to extension for delay’s that are unexpected or unforeseen and beyond
Developer’s reasonable control. The duty to build contained in this paragraph is non-
cumulative to the duty in Section 2 with the City providing Developer with the appropriate
amount of credit for completed construction.
9. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the
issuance of any building permit for any residential unit within the Project that has not been
released in accordance with Section 10 herein if the Developer of that residential development
is not in compliance with the terms and/or obligations of this Agreement, and if, after issuance
of such permit, the total number of building permits issued for residential production units
constructed within the Project would exceed 1,966 prior to commencement of construction on
the Village 8 East Initial Affordable Units or other affordable housing units (subject to
adjustment of such building permit thresholds pursuant to Section 7).
10. Development Permits, Maps and Documents. Developer shall at its sole expense, cause the
preparation and diligent processing of all permits, agreements, plans, maps, and other
documents, including but not limited to, market strategy plans, design development plan, and
any amendments to the Project’s General Development Plan and Section Planning Area Plan
that may be necessary to meet the Developer’s Affordable Housing Obligation in the time
frames set forth herein, or shall cause such actions to occur. City and Developer agree to
cooperate with each other in processing permits for the Developer’s Affordable Housing
Obligation. Any unreasonable delay caused by City in this regard that is not caused by the
fault of Developer shall not be a default hereunder, and the implementation schedule may be
extended for a reasonable number of permits based upon recent absorption over a period of
time equal to such delay, provided that Developer has used, and continues to use, its best efforts
to cause the Developer’s Affordable Housing Obligation to be completed in a timely manner.
11. Release.
a. This Agreement shall run with the Project and bind any future owner to the Developer’s
Affordable Housing Obligation. If Developer transfers any portion of the Project that is
subject to the burden of this Agreement, the City, at its sole discretion, may release the
portion so transferred of the burden of this Agreement as to such transferred portion, if
the Development Services Director determines that: 1) such portion has complied with
the requirements of this Agreement; or 2) other land within Village 8 East will
accommodate Developer’s duty to satisfy the Developer’s Affordable Housing
Obligation.
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b. Upon the sale of any individual unit to a homebuyer, the parties agree that such unit shall
be automatically released from the provisions of this Agreement. Such release shall not
limit or modify in any way Developer’s obligations hereunder.
c. City further agrees to timely consider any request for release by Developer pursuant to (a)
above. If any such release is granted, Developer and City shall identify other sites to
accommodate the affordable housing units in place of the sites originally identified and
subsequently released of such burden. Said amendment shall be completed
administratively and shall require no further action by the City Council and/or Chula Vista
Housing Authority.
d. In the event that a parcel is requested to be released pursuant to the provisions of
paragraphs (a) or (b) above, the parties agree to execute and record such documentation
as is reasonably required by a reputable title insurance company, Owner, Developer or its
assignee; City shall have no responsibility for any costs resulting from such release.
e. Upon the recordation of a City-approved Regulatory Agreement imposing affordable
housing covenants, this Agreement shall no longer be applicable to the Project to the
extent of the obligations set forth in such Regulatory Agreement and the recordation of a
Regulatory Agreement shall operate to automatically release the Project from the terms
hereof to the extent of the obligations set forth in such Regulatory Agreement. In addition,
upon payment to the City of the applicable in lieu housing fee for any part of the Project,
the provisions of this Agreement shall no longer be applicable to the extent of such
payment. Upon the recordation of City-approved Regulatory Agreement(s) imposing
affordable housing covenants for all of the Developer’s Affordable Housing Obligation,
this Agreement shall no longer be applicable to the Project and shall terminate.
f. The release of a portion of the Project from the terms of this Agreement shall in no way
alter the obligations of Developer under this Agreement with respect to other portions of
the Project, which shall continue in full force and effect until such time as Developer
satisfies, in full, Developer’s obligation hereunder.
12. Subordination and Notice.
a. Subordination. This Agreement shall be recorded against the Project senior to all
monetary liens other than the lien of real property taxes, special taxes and assessments.
Developer shall enter into subordination agreements with all existing lien holders having
any interest in the Project, if any, to ensure that the provisions of this Agreement bind
such lien holders should they take title to all or part of the Project through quitclaim deed,
sale, foreclosure or any other means of transfer of the Project. Developer shall deliver to
the City the fully executed subordination agreements in a form acceptable to the City
Attorney and suitable for recording on or before the issuance of the first building permit
for the Project if any deeds of trust or mortgages that are senior to this Agreement
encumber Village 8 East at that time.
b. Notice. Developer shall provide written notice of the terms of this Agreement (which
could be a copy of this Agreement) to all purchasers and potential purchasers of real
property within the Project, excluding however, a buyer of an individual housing unit.
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13. General Provisions.
a. Authority of Signatories. The individuals signing this Agreement on behalf of the City
warrant that (i) he or she is duly authorized to sign and deliver this Agreement on behalf
of the City in accordance with a duly adopted resolution of the City Coun cil of the City
and (ii) this Agreement is binding upon the City in accordance with its terms. The
individuals signing this Agreement on behalf of the Developer warrant that (i) the
individual executing this Agreement on behalf of the Developer is duly authorized to sign
and deliver this Agreement on behalf of the Developer, and (ii) this Agreement is binding
upon the Developer in accordance with its terms.
b. Counterparts. This Agreement may be executed in any number of counterparts, each of
which will be deemed to be an original, but all of which together will constitute one
instrument.
c. Applicable Law. This Agreement will be construed and enforced in accordance with the
laws of the State of California. The venue for any and all causes of actions or claims shall
be the state or federal court, as applicable, in San Diego County closest to the City of
Chula Vista, unless the cause of action or claim is filed by the City of Chula Vista and/or
Housing Authority for the City of Chula Vista, in which case the City retains its discretion
as to venue or otherwise agreed upon by the City of Chula Vista and/or Housing Authority
for the City of Chula Vista.
d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of
the parties and their respective administrators or executors, successors and assigns.
Developer hereby subjects the Project to the covenants, reservations and restrictions set
forth in this Agreement. Developer and the City hereby declare their express intent that
the covenants, reservations and restrictions set forth herein shall be deemed covenants
running with the land and shall pass to and be binding upon the Developer’s successors in
title to the Project; provided, however, that on the termination or release of this Agreement
said covenants, reservations and restrictions shall expire. Each and every contract, deed
or other instrument hereafter executed covering or conveying the Project or any portion
thereof shall conclusively be held to have been executed, delivered and accepted subject
to such covenants, reservations and restrictions, regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or other instruments.
e. Modifications. No modification, waiver or discharge of this Agreement will be valid
unless the same is in writing and signed by the parties to this Agreement.
f. Entire Agreement and No Presumption Against the Drafter. This Agreement contains the
entire agreement between the parties relating to the transaction contemplated hereby and
all prior or contemporaneous agreements, understandings, representations and statements,
oral or written, are merged herein. Furthermore, for purposes of this Agreement, each
party waives any rule of construction that requires ambiguities in the Agreement be
construed against the drafter. Both parties reviewed and prepared this Agreement.
g. Attorney’s fees and costs. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
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entitled to a judgment against the other for an amount equal to reasonable attorney’s fees
and court costs incurred. The “prevailing party” shall be deemed to be the party who is
awarded substantially the relief sought.
h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this
Agreement.
i. Captions. Captions in this Agreement are inserted for convenience of reference only and
do not define, describe or limit the scope or the intent of this Agreement.
j. Recording. The parties hereto shall cause this Agreement to be recorded in the Official
Records of the County of San Diego senior to all monetary liens other than the lien of real
property taxes, special taxes and assessments.
k. No Third-Party Beneficiary. No claim as a third-party beneficiary under this Agreement
by any person, corporation or any other entity, shall be made or be valid against City or
Developer(s).
l. Incorporation of Recitals. The recitals set forth herein are part of this Agreement.
m. Assignment. The obligations Developer under this Agreement shall not be assigned in
whole or in part to any fee owner of all or any portion of Village 8 East, without the
express written consent of the City in its reasonable discretion, whose consent shall not
be unreasonably withheld or delayed. Any unapproved assignment shall be null and void.
n. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable, invalid,
or illegal.
o. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against the City or the Chula Vista Housing
Authority unless a claim has first been presented in writing and filed with the City and the
Chula Vista Housing Authority and acted upon by the City and/or Chula Vista Housing
Authority in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as the same may from time to time be amended, the provisions of which
are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the Chula Vista Housing Authority and/or the City to implement of
same. Upon request by the Chula Vista Housing Authority and/or City, Developer shall
meet and confer in good faith with the Chula Vista Housing Authority and/or City for the
purpose of resolving any dispute over the terms of this Agreement.
p. Notices.
Notices under this Agreement shall be in writing and sent (a) by certified or registered
U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight
courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be
effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the
following addresses:
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City: City of Chula Vista and the Chula Vista Housing Authority
276 Fourth Avenue
Chula Vista, California, 91910
Attention: Director, Department of Housing and Homeless Services
Copy to: City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
Developer: HomeFed Village 8E, LLC
Erin Ruhe, Vice President
1903 Wright Place, Suite 220
Carlsbad, CA 92008
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Signature page to
SIGNATURE PAGE TO AFFORDABLE
HOUSING AGREEMENT OTAY RANCH
VILLAGE EIGHT WEST
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date
first written above.
CITY OF CHULA VISTA HOMEFED VILLAGE 8E, LLC,
Approved as to form by:
Marco A. Verdugo, City Attorney
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
of State of California )
County of San Diego )
On ____________________, before me, ____________________________, a Notary Public,
personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the of State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
of State of California )
County of San Diego )
On ____________________, before me, ____________________________, a Notary Public,
personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the of State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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EXHIBIT A
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EXHIBIT B
LEGAL DESCRIPTION
PARCELS 1 AND 2 OF PARCEL MAP NO. 21216, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 2015.
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EXHIBIT C
POTENTIAL AFFORDABLE HOUSING SITES
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Village 8 East
Affordable Housing Transfer Agreement
RECORDING REQUESTED BY:
CITY CLERK
When Recorded Mail To:
CITY CLERK’S OFFICE
276 Fourth Avenue
Chula Vista, CA 91910
SPACE ABOVE FOR RECORDER’S USE ONLY
VILLAGE 8 EAST AFFORDABLE HOUSING TRANSFER AGREEMENT
THIS AFFORDABLE HOUSING TRANSFER AGREEMENT (“Agreement”) is entered into
as of _____________, 2025, by and among HOMEFED VILLAGE 8, LLC, a Delaware limited
liability company (“Village 8 West Owner”), HOMEFED VILLAGE 8E, LLC, a Delaware
limited liability company (“Village 8 East Owner”), and the CITY OF CHULA VISTA, a
California municipal corporation (“City”), with reference to the following facts:
RECITALS
A. The Housing Element of the City of Chula Vista’s General Plan contains an affordable
housing policy which requires that residential development with twenty (20) or more dwelling
units provide a minimum of 10% of the total dwelling units for low and moderate income
households, one-half of these units (5% of the total project) being designated to low income and
the remaining five percent (5%) to moderate income households.
B. The Balanced Communities Affordable Housing Policy was codified, in amended form,
as Chula Vista Municipal Code (“CVMC”) Chapter 19.91 (Inclusionary Housing), pursuant to
Ordinance 3572, adopted on May 28, 2024. CVMC Chapter 19.91 establishes that ten percent
(10%) of each residential development of twenty (20) or more units be designated as affordable to
low and moderate-income households, including five percent (5%) designated for low-income
households and five percent (5%) for moderate-income households
C. Village 8 West Owner and Otay Land Company, LLC, a Delaware limited liability
company, and City entered into the Balanced Communities Affordable Housing Agreement [Otay
Ranch Village Eight West] as of August 4, 2020 (Document 2020-0776213) (“Village 8 West
Affordable Housing Agreement”) regarding the property known as Otay Ranch Village 8 West,
as more particularly described in Exhibit “B” to the Village 8 West Affordable Housing
Agreement.
D. On October 29, 2018, Otay Land Company, LLC transferred its interest in Village 8
West to Village 8 West Owner. The City has provided its consent to the transfer in accordance
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with Section 12.m. of the Village 8 West Affordable Housing Agreement. Village 8 West Owner
is now solely responsible for fulfilling the Affordable Housing Obligation as defined in the Village
8 West Affordable Housing Agreement.
E. As permitted under Section 2(a)(3) of the Village 8 West Affordable Housing
Agreement, Village 8 West Owner advised City that it is exercising the option to meet the Village
8 West remaining affordable obligation to provide 68 Moderate-Income units within Village 8 East
(“Transferred Affordable Housing Obligation”), and the Village 8 East Owner is required to enter
into a Transfer Agreement that obligates the Village 8 East Owner to satisfy the Transferred
Affordable Housing Obligation.
F. On December 2, 2014, the City approved the Otay Ranch Village 8 East Sectional
Planning Area Plan (“Village 8 East SPA Plan”) for the Project by Resolution Number 2014-235
as modified on February 18, 2020, pursuant to Resolution No. 2020-036 and as modified on May
14, 2024, pursuant to Resolution No. 2024-082. On May 14, 2024, the City also approved the
Otay Ranch Village 8 East Affordable Housing Program and the Tentative Map for Otay Ranch
Village 8 East, Chula Vista Tract No. 22-005 (“Village 8 East Tentative Map”).
G. Condition Number 28 of Resolution No. 2024-082 requires that Village 8 East Owner
enter into an affordable housing agreement with the City for purposes of further implementing the
affordable housing obligation for the Project, as such affordable housing obligation is defined in
the Affordable Housing Program portion of the SPA Plan, prior to approval of the first Final Map
for Village 8 East. The SPA Plan further requires that the affordable housing agreement be in
accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and
the Village 8 East Affordable Housing Program. The SPA Plan authorizes the construction of
approximately 3,276 residential units within the Project, with a requirement for five percent of
these units being designated for low-income households and five percent for moderate-income
households, amounting to 164 low-income and 164 moderate-income units at the above approved
build-out; however, the Affordable Obligation may change based upon final build-out of the
Project.
H. Consistent with Policy 3.4 of the City’s Housing Element of the General Plan, the City
has determined that the unique conditions for the development of Village 8 West provide an
unreasonable hardship for the construction of the Transferred Affordable Housing Obligation
within said Village. The City finds that such new construction of units would present an
“unreasonable hardship to the developer” in light of such factors as the difficulty in integrating
due to significant price and product disparity.
I. Village 8 East Owner owns the property known as Village 8 East and is an affiliate of
Village 8 West Owner.
J. Village 8 West Owner has developed the Village 8 West affordable housing units other
than the Transferred Affordable Housing Obligation, as set forth in the Village 8 West Affordable
Housing Agreement, and therefore, the entering into this Agreement satisfies all of the affordable
housing obligations under the Village 8 West Affordable Housing Agreement.
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Village 8 East
Affordable Housing Transfer Agreement
K. The City finds that the public interest would be served by allowing the Transferred
Affordable Housing Obligation to be produced or operated within Village 8 East based upon: (1)
proximity to public transit; (2) proximity to employment; (3) proximity to services and
entertainment; and (4) proximity to the proposed University, which would provide access to
university services for the residents and affordable units for students and faculty. Additionally,
the provision of the Transferred Affordable Housing Obligation within Village 8 East will not be
significantly detrimental to achieving balanced residential communities and will provide at a
minimum the equivalent number of required affordable units with comparable rent and occupancy
restrictions.
L. Village 8 East Owner, Village 8 West Owner and City wish by this Agreement to assure
the satisfaction of the Village 8 West Transferred Affordable Housing Obligation, on the terms
described below.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, City, Village 8 West Owner and Village 8 East Owner agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the
following terms shall have the following meanings:
a. “Affordable Housing Cost” shall have the meaning set forth in CVMC
Section 19.91.030.
b. “Affordable Rent” shall have the meaning set forth in CVMC Section
19.91.030.
c. “Affordable Unit” means a unit restricted at an Affordable Rent or
Affordable Housing Cost to persons or families of low or moderate income, as defined in
California Health and Safety Code Section 50093.
d. “Low Income Household” has the meaning set forth in California Health
and Safety Code Section 50079.5.
e. “Low Income Unit” means a housing unit which is restricted at an
Affordable Rent or Affordable Housing Cost to a Low Income Household.
f. “Moderate Income Household” shall have the same meaning as “persons
and families of moderate income” in California Health and Safety Code Section 50093.
g. “Moderate Income Unit” means a housing unit which is restricted at an
Affordable Rent or Affordable Housing Cost to a Moderate Income Household.
2. Village 8 East Affordable Housing Obligations. Village 8 East Owner’s obligation
for Affordable Units arising out of the development of Village 8 East shall be the following:
a. Moderate Income Units. Village 8 East Owner’s obligation with regard to
Moderate Income Units shall be five percent (5%) of the total number residential units built on the
Property (the “Moderate Income Housing Obligation”).
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Village 8 East
Affordable Housing Transfer Agreement
b. Low Income Units. Village 8 East Owner’s obligation with regard to Low
Income Units shall be five percent (5%) of the total number residential units built on the Property
(the “Low Income Housing Obligation”).
c. Transferred Affordable Housing Obligation. In addition to the above
obligations arising out of the development of Village 8 East, Village 8 East Owner hereby assumes
the Village 8 West Transferred Affordable Housing Obligation of 68 additional Moderate Income
Units. If Village 8 West ultimately includes less than 2,334 residential units, then the Village 8
West Transferred Affordable Housing Obligation will be adjusted to reflect the decrease in the
Village 8 West Affordable Housing Obligation, as set forth in the Village 8 West Affordable
Housing Agreement. Concurrently with the execution of this Agreement, City agrees to execute
and acknowledge recordable documents sufficient to terminate the Village 8 West Affordable
Housing Agreement and the Affordable Housing Transfer Agreement dated as of December 6,
2016, and recorded in the Official Records as Document No. Document No. 2016-0700047.
d. The Low-Income Housing Obligation, the Moderate Income Housing
Obligation, and the Village 8 West Transferred Affordable Housing Obligation shall be
collectively referred to as the “Village 8 East Affordable Housing Obligation.”
3. Transfer and Satisfaction of Affordable Housing Obligation.
a. Transfer of Obligation. The Transferred Affordable Housing Obligation is
hereby transferred to Village 8 East. Village 8 East Owner shall satisfy the Village 8 West
Transferred Affordable Housing Obligation in connection with the development of Village 8 East
(the “Project”) as described below.
b. Village 8 East Affordable Housing Agreement. Prior to or concurrently
with the approval of the first final subdivision map covering a residentially-zoned portion of the
Project that would permit residential development without a further subdivision map (the “First
Residential Map”), Village 8 East Owner and City shall enter into an Affordable Housing
Agreement (the “Village 8 East Affordable Housing Agreement”) regarding (i) the Transferred
Affordable Housing Obligation, and (ii) the Low-Income Housing Obligation and the Moderate
Income Housing Obligation.
The Village 8 East Affordable Housing Agreement shall be consistent with the
terms and conditions contained herein and the adopted Affordable Housing Programs of the
appropriate GDP and SPA documents, all of which are incorporated herein by this reference. The
Village 8 East Affordable Housing Agreement shall be filed and recorded as a restriction on all
residentially-zoned portions of Village 8 East as designated in the applicable SPA Plan, and those
portions of Village 8 East not designated as residential in the applicable SPA Plan shall be released
from this Agreement and any affordable housing obligation
4. Duty to Implement Affordable Housing Program. Village 8 East Owner shall cause
all affordable units developed pursuant to this Agreement and the Village 8 East Affordable
Housing Agreement, including the Transferred Affordable Housing Obligation, to be developed,
marketed, rented/sold in accordance with the City’s goals, policies and programs, including but
not limited to the Housing Element of the General Plan, the Consolidated Plan, and the Affordable
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Village 8 East
Affordable Housing Transfer Agreement
Housing Program Implementation Guidelines, as they may be adopted and amended from time to
time, the terms and conditions of which are hereby incorporated by this reference; provided,
however, that nothing shall increase the number or change the mix of affordable housing units
comprising the Village 8 East Affordable Housing Obligation..
5. General Provisions.
a. Authority of Signatories. The individuals signing this Agreement on behalf
of the City warrant that (i) he or she is duly authorized to sign and deliver this Agreement on behalf
of the City in accordance with a duly adopted resolution of the City Council of the City and (ii)
this Agreement is binding upon the City in accordance with its term s. Village 8 East Owner and
Village 8 West Owner warrants that each individual signing this Agreement on their behalf (i) is
duly authorized to sign and deliver this Agreement on their behalf, and (ii) this Agreement is
binding upon the company in accordance with its terms.
b. Successors. All terms of this Agreement will be binding upon and inure to
the benefit of the parties and their respective affiliates, administrators or executors, successors,
and assigns. Village 8 East Owner hereby subjects the residential land within the Project to the
covenants, reservations and restrictions set forth in this Agreement. The Village 8 East Owner and
the City hereby declare their express intent that the covenants, reservations and restrictions set
forth herein shall be deemed covenants running with the land and shall pass to and be binding upon
the Village 8 East Owner’s successors in title to the Project; provided, however, that on the
termination of this Agreement said covenants, reservations and restrictions shall expire. Each and
every contract, deed or other instrument hereafter executed covering or conveying residential land
within the Project or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to such covenants, reservations and restrictions, regardless of
whether such covenants, reservations and restrictions are set forth in such contract, deed or other
instruments.
c. 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 in Federal or State courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue
for this Agreement and performance thereunder shall be the City of Chula Vista.
d. Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be deemed an original, but all of which together will constitute
one instrument.
e. Modifications. No modification, waiver or discharge of this Agreement will
be valid unless the same is in writing and signed by the parties to this Agreement.
f. Entire Agreement. This Agreement contains the entire agreement between
the parties relating to the transaction contemplated hereby and all prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged herein.
g. Attorney’s Fees and Costs. If either party commences litigation for the
judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
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Village 8 East
Affordable Housing Transfer Agreement
entitled to a judgment against the other for an amount equal to reasonable attorney’s fees and court
costs incurred. The “prevailing party” shall be deemed to be the party who is awarded substantially
the relief sought.
h. Exhibits. All exhibits referred to in this Agreement are attached, and are a
part of, this Agreement.
i. Captions. Captions in this Agreement are inserted for convenience of
reference only and do not define, describe or limit the scope or the intent of this Agreement.
j. Recording. The parties hereto shall cause this Agreement to be recorded in
the Official Records of the County of San Diego.
k. No Third Party Beneficiary. No claim as a third-party beneficiary under
this Agreement by any person, corporation or any other entity, shall be made valid against Village
8 East Owner or City, except that Village 3 Owner is a third party beneficiary to the extent that
this Agreement satisfies the Transferred Affordable Housing Obligation.
l. Incorporation of Recitals. The recitals set forth herein are part of this
Agreement.
m. Assignment. The rights and obligations of Village 8 East Owner under this
Agreement shall not be assigned in whole or apart, without the express written consent of the
City’s Development Services Director, in the Director’s sole discretion and whose consent shall
not be unreasonably withheld or delayed. Any unapproved assignment shall be null and void.
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Signature Page to
Village 8 East Affordable Housing Transfer
Agreement
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
first set forth above.
VILLAGE 8 WEST OWNER:
HOMEFED VILLAGE 8, LLC
VILLAGE 8 EAST OWNER:
HOMEFED VILLAGE 8E, LLC
CITY OF CHULA VISTA
APPROVED AS TO FORM
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[INSERT LATEST ACKNOWLEDGEMENT FORM HERE]
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[INSERT LATEST ACKNOWLEDGEMENT FORM HERE]
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[INSERT LATEST ACKNOWLEDGEMENT FORM HERE]
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Exhibit A
Map of Village 8 East
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Exhibit B
Legal Description
Village 8 East
PARCELS 1 AND 2 OF PARCEL MAP NO. 21215, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 2015.
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1
Recording Requested By:
CITY CLERK
When Recorded Mail To:
CITY CLERK’S OFFICE
276 Fourth Avenue
Chula Vista, CA 91910
TERMINATION OF BALANCED COMMUNITIES AFFORDABLE HOUSING
AGREEMENT AND
AFFORDABLE HOUSING TRANSFER AGREEMENT
THIS TERMINATION OF BALANCED COMMUNITIES AFFORDABLE
HOUSING AGREEMENT AND AFFORDABLE HOUSING TRANSFER AGREEMENT
(“Termination Agreement”) is dated as of the __ day of ________, 2025, by and among Otay Land
Company, LLC, a Delaware limited liability company (“Otay Land Company”), HomeFed Otay
Land II, LLC, a Delaware limited liability company (“HomeFed Otay Land II”), HomeFed Village
8, LLC, a Delaware limited liability company (“HomeFed Village 8”) and the City of Chula Vista
(“City”).
RECITALS
A. Otay Land Company, HomeFed Otay Land II and the City, are all of the parties to
that certain Affordable Housing Transfer Agreement (“Transfer Agreement”) dated as of
December 6, 2016, and recorded in the Office of the Recorder of the County of San Diego, State
of California on December 21, 2016, as Instrument No. 2016-0700047. Otay Land Company,
HomeFed Otay Land II and the City desire to terminate the Transfer Agreement and all of the Otay
Land Company’s, HomeFed Otay Land II’s and City’s rights and obligations under the Transfer
Agreement.
B. Otay Land Company, HomeFed Village 8 and the City, are all of the parties to that
certain Balanced Communities Affordable Housing Agreement (“Affordable Housing
Agreement”) dated as of August 4, 2020, and recorded in the Office of the Recorder of the County
of San Diego, State of California on December 4, 2020, as Instrument No. 2020-0776213. Otay
Land Company, HomeFed Village 8 and the City desire to terminate the Transfer Agreement and
all of the Otay Land Company’s, HomeFed Otay Land II’s and City’s rights and obligations under
the Affordable Housing Agreement.
NOW, THEREFORE, Otay Land Company, HomeFed Otay Land II, HomeFed Village 8
and City, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby agree as follows:
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2
1. Termination of Transfer Agreement. Otay Land Company, HomeFed Otay Land II and the
City: (i) terminate the Transfer Agreement; (ii) agree the Transfer Agreement no longer constitutes
a burden and/or lien and/or encumbrance against any of the real property described in the Transfer
Agreement; and (iii) agree none of Otay Land Company, HomeFed Otay Land II or the City shall
have rights and obligations under the Transfer Agreement.
2. Termination of Affordable Housing Agreement. Otay Land Company, HomeFed Village
8 and the City: (i) terminate the Affordable Housing Agreement; (ii) agree the Transfer Agreement
no longer constitutes a burden and/or lien and/or encumbrance against any of the real property
described in the Affordable Housing Agreement; and (iii) agree none of Otay Land Company,
HomeFed Village 8 or the City shall have rights and obligations under the Affordable Housing
Agreement.
3. No Novation. This Termination Agreement is made only with respect to the Transfer
Agreement and Affordable Housing Agreement; nothing contained herein shall be deemed an
amendment, novation, waiver, exoneration, revision or restatement of any other agreement,
contract, instrument, deed of trust or agreement between HomeFed Otay Land II, HomeFed Village
8 and/or City, or any portions thereof, and the same shall remain in full force and effect,
notwithstanding the execution hereof.
4. General Provisions.
(a) Counterparts. This Termination Agreement may be executed in any number of
counterparts and, as so executed, the counterparts shall constitute one and the same agreement.
The parties agree that each such counterpart is an original and shall be binding upon all the parties,
even though all of the parties are not signatories to the same counterpart.
(b) Recitals Incorporated. The Recitals to this Termination Agreement are hereby
incorporated into this Termination Agreement by this reference.
(c) Severability. If any provision of this Termination Agreement is deemed to be
invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from
the rest of this Termination Agreement and the remaining provisions shall continue in full force
and effect.
(d) Counterparts. This Termination Agreement may be executed in any number of
counterparts and, as so executed, the counterparts shall constitute one and the same agreement.
The parties agree that each such counterpart is an original and shall be binding upon all the parties,
even though all of the parties are not signatories to the same counterpart.
(e) Signature Authority. All individuals signing this Partial Termination for a party
which is a corporation, partnership, limited liability company or other legal entity, or signing under
a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant
to the other parties hereto that they have the necessary capacity and authority to act for, sign and
bind the respective entity or principal on whose behalf they are signing.
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3
OTAY LAND COMPANY:
Otay Land Company, LLC, a Delaware limited liability company
By:_______________________________________
Print Name:________________________________
Its:_______________________________________
HOMEFED OTAY LAND II:
HomeFed Otay Land II, LLC, a Delaware limited liability company
By:_______________________________________
Print Name:________________________________
Its:_______________________________________
HOMEFED VILLAG3 8:
HomeFed Village 8, LLC, a Delaware limited liability company
By:_______________________________________
Print Name:________________________________
Its:_______________________________________
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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4
CITY:
City of Chula Vista
By:_______________________________________
Print Name:________________________________
Its:_______________________________________
Approved as to form:
City of Chula Vista
Office of the City Attorney
By:____________________________________
Print Name:_____________________________
Its:____________________________________
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5
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary
public, personally appeared __________________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who si gned the document to which
this certi ficate is attached, and not the
truthfulness,
accuracy, or validity of that document.
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ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary
public, personally appeared __________________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who si gned the document to which
this certi ficate is attached, and not the
truthfulness,
accuracy, or val idity of that document.
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7
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary
public, personally appeared __________________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who si gned the document to which
this certi ficate is attached, and not the
truthfulness,
accuracy, or validity of that document.
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8
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary
public, personally appeared __________________________________________ who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who si gned the document to which
this certi ficate is attached, and not the
truthfulness,
accuracy, or validity of that document.
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Lease Agreement: Approve a Lease Agreement with the California Department of Transportation for the
Gayle L. McCandliss Park
Report Number: 25-0255
Location: 415 East J Street
Department: City Manager
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) and Section
15061(b)(3).
Recommended Action
Adopt a resolution approving a Lease Agreement with the California Department of Transportation for the
Gayle L. McCandliss Park located at 415 East J Street.
SUMMARY
For over 50 years, the City of Chula Vista has leased land from the California Department of Transportation
at 415 East J Street and operated it as a community park known as the Gayle L. McCandliss Park.
This item approves a new lease agreement for the continued use of the park land.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3),
because it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
On June 20, 1972, the Chula Vista City Council approved a lease agreement (Porter Bill Lease) with the State
of California Business and Transportation Agency, Department of Public Works, Division of Highways for the
50-year lease of a 1.9-acre (Right of Way Parcel DD 11004-01-02) State Highway excess property adjacent
to Halecrest Elementary School. Major conditions of the lease were:
50-year lease period.
Rental rate of $100 per year.
City is to develop a park within a limited time.
A Porter Bill Lease allowed Caltrans to lease land to a local agency that is outside of the state highway
boundary when such use would protect the highway and its environs, conditioned on the local agency
developing and maintaining the land as a park. Caltrans benefitted from the area being maintained and the
City gained additional parkland.
Halecrest Park opened to the public in 1974 and in May 2000, the Chula Vista City Council approved renaming
of the park to Gayle L. McCandliss Park in honor of former Mayor Gayle L. McCandliss.
Gayle L. McCandliss
Former Mayor Gayle McCandliss was appointed to the City Council in 1979 and served as a councilmember
for 10 years before being elected mayor in November 1990. She passed away after a nearly yearlong battle
with cancer.
Following her passing, a memorial fund honoring Mayor McCandliss was established with funds raised
during her campaign and subsequently private donations. Consistent with her wishes, the fund was formed
in order to establish a perpetual fund to recognize individuals or groups who make a substantial contribution
toward the arts in the City. The Cultural Arts Commission was tasked with development of an awards and
scholarship program utilizing the interest accrued from the fund. This program continues today.
In recognition of her service and dedication to the City of Chula Vista, in 1991, the Chula Vista City Council
approved the Gayle McCandliss Memorial Grove and Nature Trail at Halecrest Park. Then in 2000, the City
Council renamed the park.
Park Features
Today, the park features barbecue grills, open green space, play equipment, picnic areas and incredible views
of the city. The park is directly west of Halecrest Elementary School making it an even more popular stop for
students and families.
The original lease for Gayle L. McCandliss Park expired on October 31, 2022. Since then, the issue has been
researched extensively by various local and Sacramento Senior Caltrans teams.
There is no provision for an extension, holdover, or renewal of Porter Bill Lease within the Department of
Transportation. There is also no provision within the Department of Transportation to lease at the same rate,
or lease at a lesser rate than fair market value, to a municipality.
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The options available to the City at end of lease are to rent or purchase at fair market value, or to vacate
property and end tenancy.
Caltrans conducted a fair market value appraisal on the property and determined a monthly rent rate of
$1,500. After taking into account the City’s maintenance costs on the property, Caltrans has proposed a lease
rate of $5 per month, for a period of five years. After the five-year term, the lease could continue on a month-
to-month basis.
Approval of this lease would preserve this much-needed City asset as a community park for residents to
enjoy.
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
Lease payments to the California Department of Transportation for the current fiscal year total $50. This cost
can be absorbed by the adopted fiscal year 2025-26 budget.
ONGOING FISCAL IMPACT
The ongoing fiscal impact of this action is monthly lease payments in the amount of $5 per month ($60
annually), which will be included as part of the normal budget process.
ATTACHMENTS
1. Lease Agreement (Tenancy Number 11-011004-0001-01)
Staff Contact: Adrianna Relph, Special Projects & Legislative Manager
Tiffany Allen, City Manager
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Form Rev 2/18/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEASE AGREEMENT
BETWEEN THE CITY AND CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR PARK PROPERTY LOCATED AT
415 EAST J STREET
WHEREAS, in June 1972, the Chula Vista City Council approved a lease agreement with
the State of California for the 50-year lease of a 1.9-acre (Right of Way Parcel DD 11004-01-02)
State Highway excess property adjacent to Halecrest Elementary School; and
WHEREAS, a major condition of the lease required the City to develop a park and in 1974
Halecrest Park opened to the public and in May 2000, the Chula Vista City Council renamed the
park to Gayle L. McCandliss Park in honor of former Mayor Gayle L. McCandliss; and
WHEREAS, the lease for McCandliss Park expired on October 31, 2022, and the City has
negotiated a lease renewal with the California Department of Transportation; and
WHEREAS, McCandliss Park is a community asset that provides residents with access to
open space and outdoor recreation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Lease Agreement, between the City and the California Department of
Transportation, 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
City Manager City Attorney
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STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION EXHIBIT
LEASE AGREEMENT 11-EX-B (REV 1/2021)
Page 1 of 17
LEASE AGREEMENT
Tenancy Number 11-011004-0001-01
THIS LEASE is made and entered into this 1st day of September 2025, at San Diego ,
California, by and between the State of California, Department of Transportation,
hereinafter known as Department, and the City of Chula Vista, hereinafter known as
Lessee, whose address is 276 Fourth Avenue, Chula Vista, California, 91910.
WITNESSETH
1)DESCRIPTION: The Department, in consideration of the payment of the rent
hereinafter specified to be paid by the Lessee(s), and the covenants and
agreements herein contained, does hereby lease, demise, and let unto
Lessee(s) that certain property in the County of San Diego, State of California,
the address of which is 415 East J Street, Chula Vista, Ca, 91910, and legally
described as: McCandliss Park, a community park.
A visual representation of the lease area is indicated on the map attached hereto
as Exhibits A and Exhibit B.
2)TERM: This lease shall initially be for (5) years commencing on the 1st day of
September 2025, after which, and beginning September 1, 2030, shall be on
a month-to-month basis, with the right of cancellation and termination in
both Department and Lessee(s) as hereinafter set forth.
3)RENT: The rent shall be paid by the Lessee(s) annually, in advance, on the first
(1st) day of each September during said term, in lawful money of the United
States, as follows:
Rent payable or refundable hereunder for any period of time less than one year
shall be determined by prorating the monthly rental herein specified based on a
thirty-day (30-day) month
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 2 of 17
4) RECEIPT OF MONIES PAID: Department acknowledges receipt of monies paid by
Lessee(s) in the amount of $5.00, for the following purposes:
Rent $ 5.00/month or $60.00/year
Security $ N/A
5) SECURITY DEPOSIT: Lessee(s) shall deposit with Department $N/A as a guarantee
for faithful performance of the conditions of this Lease. Department may use
such amounts as are reasonably necessary to remedy Lessee(s) default in the
payment of rent; to repair damages caused by Lessee(s); and to clean the
premises, if necessary, upon termination of tenancy. If used toward rent or
damages during the term of tenancy, Lessee(s) agrees to reinstate said total
security deposit upon five (5) days’ written notice delivered to Lessee(s) in person
or by mail. Department shall return any remaining portion of the security to
Lessee(s) in accordance with California Civil Code Section 1950.7.
6) PAYMENTS: All rental payments shall be made payable to the Department of
Transportation. Lessee(s) shall make payment to Department’s mailing address
or street location as indicated below:
Department of Transportation Department of Transportation
Attention: Cashier Attention: Cashier
P.O. Box 168019 1820 Alhambra Boulevard, 2nd
Floor
Sacramento, CA 95816-8019 Sacramento, CA 95816
Lessee(s) shall include the complete Tenancy Number, 11-011004-0001-01, on the
check or other form of payment.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 3 of 17
7) LATE PAYMENT CHARGE: Lessee(s) hereby acknowledges that late payment by
Lessee(s) to Department of rent and other sums due hereunder will cause
Department to incur costs not contemplated by this lease, the exact amount of
which will be extremely difficult to ascertain. Such costs include, but are not
limited to, processing and accounting charges. Accordingly, if any installment of
rent or any other sum due from Lessee(s) shall not be received by Department
within ten (10) days after such amount shall be due, Lessee(s) shall pay to
Department a late charge of $90.00. In no event shall the late charge exceed
the maximum allowable by law. The parties hereby agree that such late charge
represents a fair and reasonable estimate of the costs Department will incur by
reason of Lessee’s late payment. Acceptance of such late charge by
Department shall in no event constitute a waiver of Lessee’s default with respect
to such overdue amount, nor prevent Department from exercising any of the
other rights and remedies granted hereunder.
8) DISHONORED CHECK CHARGE: Lessee(s) hereby agrees:
a) That Lessee(s) shall pay to Department a fee of $25.00 for the first dishonored
check and $35.00 for a second dishonored check.
b) That if Lessee(s) has two (2) dishonored checks within any twelve (12) month
period, the Department will no longer accept personal checks for payments
due under this Lease.
9) UTILITIES: Lessee(s) shall pay when due all utility and other charges accruing or
payable, including utility deposits, in connection with Lessee(s) use of the
property during the term of this lease. Lessee(s) shall contact utility providers to
request that utility service be established in Lessee’s name by November 1, 2022.
In the event Lessee(s) fails to establish service in Lessee(s) name by
above-mentioned date, this Lease will be terminated.
If the Department is paying any or all utility charges, and passing those costs on
the Lessee(s), the Department will review the utility charges at least annually, or
more often if needed, and with a sixty-day (60-day) notice adjust the amount
being charged to Lessee for utilities accordingly.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 4 of 17
10) NOTICES: All Notices herein provided to be given, or which may be given, by
either party to the other, shall be deemed to have been fully given when served
personally, or when made in writing and mailed addressed as follows: To
Lessee(s) at the above-stated and to Department at:
Department of Transportation
Property Management/Right of Way
4050 Taylor St, MS 310
San Diego, CA 92110
619-961-0298
(Telephone Number)
The address to which the notices shall be mailed to either party shall be
changed by written notice by either party to the other, but nothing herein shall
preclude the giving of notice by personal service. Department shall also be able
to serve notices by posting and subsequent mailing to Lessee(s).
11) USE: Lessee(s) shall use the property for the following purposes only:
a) Community Park
b) Lessee(s) shall not commit, suffer, or permit any waste on said property.
c) Lessee(s) shall comply with all Federal, State, and local laws and ordinances
concerning said property and the use thereof.
d) Lessee shall not allow vehicle or equipment washing, fueling, maintenance or
repair on the property, unless separately authorized by this lease agreement
for industrial activity.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 5 of 17
12)ASSIGNMENT AND SUBLETTING: Lessee(s) shall not assign or sublet this lease
without Department’s written consent. This includes, but is not limited to, room
rentals, short term rentals, and vacation rentals. The Department has not
consented to any assignments or sublets as of the date of this lease.
Any request by Lessee(s) to assign this lease shall be subject to the following:
a) An assignment will only be allowed to a person or entity of equal or greater
financial responsibility than Lessee(s).
b) The proposed use must be the same or similar to that employed by Lessee(s).
c) A written application from the proposed assignee is required. Lessee(s) will
pay all charges incurred for verifying information in the application process.
d) Department has the right to raise the rent to current market value upon
Lessee’s exercise of a right to assign.
e) Assignment does not relieve the Lessee(s) of any duties or obligations under
the lease.
f) Any assignment is not deemed a consent to any subsequent assignment.
g) Lessee(s) shall pay to Department an amount equal to fifty percent (50%) of
the gross sales price agreed upon by the parties in connection with any
assignment.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 6 of 17
13) PETS: No birds, animals, or other pets shall be kept on the premises without the
Department’s prior written consent.
The Department has approved no birds, animals, or other pets.
14) MAINTENANCE: Lessee(s) shall keep property in a neat, clean, and orderly
condition at all times during occupancy, including watering of shrubs and lawns
(if applicable), and shall not permit rubbish, weeds, garbage, etc., to
accumulate at any time. Lessee(s) shall not permit or allow any graffiti to be
placed upon or remain upon any surface located on the leased property for
longer than 48 hours.
15) CONDITIONS AND REPAIRS: Lessee(s) shall not call on Department to make
any improvements or repairs on the property, but Lessee(s) hereby specifically
covenants and agrees to keep the property including furnishings and equipment, if
applicable, in good order and condition at Lessee’s cost and expense. Lessee(s)
further agrees to provide an adequate number of garbage and trash receptacles
in clean condition and good repair subject to ordinary wear and tear. Department
agrees to maintain the exterior walls, roof, main sewer and water service lines to
building, and any other major repairs in good repair and
orderly condition at all times during the term . Landlord warrants that, to the
best of Landlord’s knowledge, the Property, and the path of travel to the
Property at the time of the term commencement are not in violation with the
current Americans with Disabilities Act (“ADA”).
16) ALTERATIONS: Lessee(s) shall not make or suffer any alteration to be made in
or on the property without Department’s written consent.
17) OWNERSHIP OF IMPROVEMENTS: All alterations made or added to the leased
property by Lessee(s) pursuant to Clause 16, except the Lessee(s) inventory,
equipment, movable furniture, wall decorations, and trade fixtures, shall be
deemed real property and a part of the leased property, but shall remain the
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 7 of 17
property of the Lessee during the term of this lease. Lessee hereby covenants
and agrees not to grant a security interest in any such items to any party other
than Department. Lessee may remove from the leased property any alterations
it makes to the property during the term of this lease without notice to the
Department. At the expiration of the term, or any sooner termination of this
lease, all such alterations other than Lessee(s) inventory, equipment, movable
furniture, wall decorations, and trade fixtures, shall automatically become
property of Department and shall be surrendered to Department as part of the
leased property unless Department shall require Lessee(s) to remove any such
alterations in which case Lessee(s) shall so remove same. Department shall have
no obligations to reimburse Lessee(s) for all or any portion of the cost or value of
any such alterations so surrendered to Department. Lessee(s) shall be
responsible for any damage caused to the leased property for the removal of
such alterations at Department’s demand.
18) TERMINATION: This lease shall be subject to cancellation or termination by
either party at any time during the term hereof by giving the other party notice in
writing at least _30_ days next prior to the date when such termination shall
become effective. The Department will refund to Lessee(s) any unused rent
upon termination by either party prior to the Lease expiration date in Clause 2.
19) VACATING THE PROPERTY: At the expiration of the term, or any sooner
termination of this lease, Lessee(s) agrees to quit and surrender possession of the
property and its appurtenances to Department in as good order and condition
as the property was delivered to the Lessee(s). Prior to the expiration of the term,
or any sooner termination of this lease, Lessee(s) shall notify Department to
perform a move-out inspection. Lessee(s) agrees to reimburse the Department
for any damage done to the property caused by Lessee(s) occupation or
tenancy excepting reasonable wear and tear and damage by the elements.
Lessee(s) shall not leave or allow to remain on the property any garbage, refuse,
debris, or personal property. Lessee(s) will pay Department any removal costs
incurred by Department. On the date the property is vacated, Lessee(s) agrees
to deliver the property keys to the Department in person or
at: _N/A_______________________.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 8 of 17
20) RELOCATION PAYMENT: Lessee(s) acknowledges the following: Lessee(s)
commenced occupancy of the premises after Department acquired title to it,
Department acquired the premises for a public project, Lessee(s) may be
required to vacate the premises to allow construction of the public project, and
Lessee(s) is not entitled to receive any payments under either the State or the
Federal Uniform Relocation Assistance Act. (Government Code, Section 7260,
et seq.; 42 United States Code, Section 4601, et seq.)
21) POSSESSORY INTEREST: Tax bills inadvertently received by Lessee(s) should be
forwarded to Department for processing.
22) RIGHT OF ENTRY: Lessee(s) shall permit Department or its authorized agent to
enter into and upon the property, with or without the Lessee’s presence, during
normal business hours, subject to a twenty-four hour (24-hour) notice, for the
following purposes: performing routine inspections, maintaining the property,
installing protective or conservation devices and for showing the property to
prospective purchasers and/or lessees. Department reserves its right, without
notice, to enter property in case of emergency or to prevent imminent harm to
persons or property.
23) INSURANCE: Department is self-insured and will not keep the property insured
against fire or any other insurable risk, and Lessee(s) will make no claim of any
nature against Department by reason of any damage to Lessee’s property in the
event it is damaged or destroyed by fire or by any other cause.
24) LIABILITY AND PROPERTY DAMAGE INSURANCE: Department shall accept
Tenant’s qualified self-insurance or risk pool insurance in lieu of the insurance
policies set forth below. Otherwise, Lessee(s) shall, at Lessee’s
expense, obtain and keep in force during the full term of the tenancy:
General liability insurance providing coverage in the amount of one million
dollars ($1,000,000) per occurrence for Bodily Injury and Property Liability
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 9 of 17
combined, in a company or companies to be approved by the Department, to
protect Department, its officers, agents and employees against all claims, suits or
actions of every name, kind, and description brought forth, or on account of,
injuries to or death of any person occurring in or about the property or on
account of damage to property incident to the use of, or resulting from, any and
every cause occurring in or about the property which is the subject of this lease,
including any and all claims, suits or actions for damage to vehicles on the
property.
With respect to third-party claims against Lessee(s), Lessee(s) waives any and all
rights to any type of express or implied indemnity against Department, its officers
or employees.
It is the intent of the parties that Lessee(s) will indemnify, defend and hold
harmless the Department, its officers and employees from any and all claims,
suits or actions as set forth above regardless of the existence or degree of fault or
negligence on the part of Department, Lessee(s), the officers or employees of
either of these, other than the sole negligence of Department, its officers and
employees.
Nothing in this lease is intended to create the public or any member thereof a
third-party beneficiary hereunder, nor is any term or condition or other provision
of the lease intended to establish a standard of care owed to the public or any
member thereof.
Said policies shall name Department as an additional insured and shall inure to
the contingent liabilities, if any, of Department and the officers, agents and
employees of Department and shall obligate the insurance carriers to notify
Department, in writing, not less than thirty (30) days prior to the cancellation
thereof, or any other change affecting the coverage of the policies. Lessee(s)
shall furnish to Department either a certified copy of each and every such policy
or a fully executed “CERTIFICATE OF INSURANCE WITH ENDORSEMENT FOR LEASE
OF STATE-OWNED PROPERTY” within not more than ten (10) days after the
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 10 of 17
effective date of the policy. Lessee(s) agrees that if Lessee(s) does not keep
such insurance in full force and effect, Department shall have the right to
immediately terminate this lease.
25) INDEMNIFICATION: Lessee(s) shall indemnify, defend, and hold the
Department, its officers, agents and employees harmless from and against any
loss, cost, or expense, including, but not limited to, attorney fees and court costs,
resulting from any claim by any third party arising out of or connected to the
actions of Lessee(s), notwithstanding Department’s, its officers’, agents’ and
employees’ active or passive negligence, and/or regarding all acts and
omission, including but not limited, to the willful misconduct or negligence of the
Lessee(s).
Further, it is the parties’ intent that the indemnity provisions stated herein, apply
to losses resulting from Lessee’s negligence or any cause other than the willful
misconduct or sole negligence of Department, its officers, agents or employees.
26) HAZARDOUS MATERIALS: Hazardous materials are those substances listed in
California Code of Regulations, Title 22, Division 4.5, Chapter 11, Articles 4
through 5, or those which meet the toxicity, reactivity, corrosivity or ignitability
criteria of California Code of Regulations, Title 22, Division 4.5, Chapter 11, Article
3, as well as any other substance which poses a hazard to health or environment.
Except as otherwise permitted in this lease, Lessee(s) shall not use, create, store
or allow any such substances on the premises. Fuel stored in a motor vehicle for
the exclusive use in such vehicle is excepted.
In no case shall Lessee(s) cause or allow the deposit or disposal of any such
substance on the leased property. However, household products necessary for
routine cleaning and maintenance of the property may be kept on the leased
premises in quantities reasonable for current needs.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 11 of 17
Department, or its agents or contractors shall at all times have the right to go
upon and inspect the leased premises and the operations conducted thereon to
assure compliance with the requirements herein stated. This inspection may
include taking samples of substances and materials present for testing, and/or
testing soils or underground tanks on the premises.
Lessee(s) shall further hold the State, and any officer or employee, harmless from
all responsibility, liability and claim for damages resulting from the presence or
use of hazardous materials on the premises during Lessee’s period of use and
possession.
Notwithstanding anything to the contrary contained in this lease Lessee shall not
be required to remediate or pay for the removal of Hazardous Materials, to the
extent that such Hazardous Materials existed (I) and were present on the
premises prior to the commencement of the term or (II) are placed in, on, or
under about the premises by the Department or any of the Department’s agents
or contractors.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 12 of 17
27) WATER POLLUTION CONTROL: Lessee shall not allow discharge of
contaminated storm water runoff or unauthorized non-storm water discharges to
private or public storm water drainage systems. Lessee shall comply with State
and Federal water pollution control requirements, and those of municipalities,
counties, drainage districts, and other local agencies regarding discharges of
storm water and non-storm water to sewer systems, storm drain systems, or any
watercourses under jurisdiction of the above agencies.
Lessee shall implement and maintain the best management practices (BMPs)
shown in the attached Stormwater Pollution Prevention Fact Sheet(s), attached
hereto as Exhibit ___ and incorporated herein by this reference, for: Parks,
parking lot, storage, etc. See attached.
Lessee shall identify any other potential sources of storm water and non-storm
water pollution resulting from Lessee’s activities on the premises, which are not
addressed by the BMPs contained in the attached Fact Sheet(s) and shall
implement additional BMPs to prevent pollution from those sources. Additional
BMPs may be obtained from the Right-of-Way Property Management and
Airspace Storm Water Guidance Manual (RW Storm Water Manual) available for
review at the Department’s District Right of Way office or online at the RW Storm
Water website. In the event of conflict between the attached Fact Sheet(s) and
this Lease, this Lease shall control.
Lessee shall provide Department with the Standard Industrial Classification (SIC)
code applicable to Lessee’s facilities and activities on the lease premises. A list of
regulated SIC codes may be found at the State Water Resources Control
Board (SWRCB)’s website. Other SIC codes may be found at the US Labor
Department’s website.
Department, or its agents or contractors, shall at all times have the right to go
upon and inspect the premises and the operations conducted thereon to assure
compliance with the requirements herein stated. This inspection may include
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 13 of 17
taking samples of substances and materials present for testing, and/or testing of
sewer systems, storm drains, or watercourses on the premises.
28) INDUSTRIAL GENERAL PERMIT: For any activities conducted on the lease
premises listed in Attachment A to General Permit Order 2014-0057-DWQ
(Industrial General Permit) issued by the State Water Resources Control
Board (SWRCB), Lessee shall develop, implement and maintain a Storm Water
Pollution Prevention Plan (SWPPP) covering those activities. Information on the
Industrial General Permit is electronically available at the SWRCB website. Lessee
will address storm water and water quality protection by implementing
appropriate best management practices (BMPs) described in the SWPPP. A
copy of the SWPPP, including any updates, will be provided to the Department
and also maintained on the lease premises.
Lessee shall also provide a copy of the following: Notice of Intent (NOI) or No
Exposure Certification (NEC) filed with the SWRCB; Receipt Letter from SWRCB
showing Waste Discharge Identification (WDID) Number; and Notice of
Termination (NOT), if applicable. Lessee is solely responsible for compliance with
the General Industrial Permit.
Lessee(s) is solely responsible for compliance with the Industrial General Permit
and SWPPP and shall indemnify, defend, and hold Department, its officers,
agents, and employees harmless from all responsibility, liability, and claims for
damages resulting from the performance or nonperformance of Lessee(s)
obligations under the Industrial General Permit and SWPPP.
29) WAIVER: If any part of this Lease is invalid by reason of law or governmental
regulation, or if any provisions hereof are waived by Department, the remaining
portions of this lease shall remain in full force and effect. Department’s receipt of
rent with the knowledge of any breach of a provision of this lease shall not
constitute a waiver of such breach.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 14 of 17
30) AMENDMENTS: The terms of the lease may be, in writing, amended, revised,
altered, or changed, by mutual consent of the parties hereto upon thirty (30)
days’ written notice. Any amendment, revision, alteration, or change shall
operate with the same force and effect as the original agreement.
31) PREVIOUS AGREEMENTS: Any existing lease or rental agreement between
Lessee(s) and Department (or its predecessor in interest) covering this property
are terminated as of the effective date of this lease.
32) LITIGATION COSTS: In the event that a suit is necessary to enforce any of the
provisions herein contained, or to recover possession of the premises, the
prevailing party shall be entitled to reasonable attorney’s fees in addition to
costs and necessary disbursements.
33) HOLD OVER: Should Lessee(s) hold over after the expiration of the term of this
lease with Department’s consent, express or implied, the tenancy shall be
deemed to be a tenancy only from month to month, subject otherwise to all the
terms and conditions of this lease so far as applicable.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 15 of 17
34) NONDISCRIMINATION: The Lessee(s), for themselves, their heirs, personal
representatives, successors in interest, and assigns as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the land,
that Lessee(s) shall maintain and operate any facilities on the land or services
offered thereon in compliance with all other requirements imposed pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs
of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
Lessee(s) also agrees that in the event of breach of any of the above
nondiscrimination covenants, the State of California shall have the right to
terminate the lease and to reenter and repossess said land and the facilities
thereon and hold the same as if said lease had never been made or issued.
All services and/or benefits to be derived from any right of way activity
undertaken by the Department, including the leasing and management of this
property, will be administered without regard to race, color, national origin, sex,
disability, religion, sexual orientation, and age under any program or activity
receiving federal financial assistance in compliance with Title VI of the 1964 Civil
Rights Act and related federal statutes and state law.
35) ENCUMBRANCES: Lessee(s) shall not encumber the rented premises in any
manner whatsoever.
36) ASSIGNMENT FOR BENEFIT OF CREDITORS, INSOLVENCY, OR
BANKRUPTCY: Appointment of a receiver to take possession of Lessee’s assets,
Lessee’s general assignment for benefit of creditors, or Lessee’s insolvency or
taking or suffering action under the Bankruptcy Act is a breach of this lease and
this lease shall terminate.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 16 of 17
37) POSTING OF PROPERTY: Department or its agents shall at all times have the
right to serve or to post thereon any notice required or permitted by law for
protection of any right or interest of the Department.
38) HEADINGS: The marginal or clause headings of this lease are not a part of this
lease and shall have no effect upon the construction or interpretation of any
part hereof.
39) COUNTERPARTS: This Lease may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which, together, shall
constitute one and the same Lease. In order to expedite the transaction
contemplated herein, to the extent allowable under applicable Law, telecopied
signature or signatures transmitted by electronic mail in so-called “pdf” format
may be used in place of original signatures on this Lease. Department and
Lessee intend to be bound by the signatures on the telecopied or electronic
mailed document, are aware that the other party will rely on the telecopied or
electronic mailed signatures which shall be of the same force and effect as
hand-written signatures, and hereby waive any defenses to the enforcement of
the terms of this Lease based on telecopied or electronic mailed signatures.
40) GOVERNING LAW AND VENUE. This Lease Agreement shall be governed by
the laws of the State of California. Any action to interpret or enforce this
Lease Agreement shall be brought and maintained exclusively in the courts
of and for San Diego County, California.
BREACH OF ANY OF THE ABOVE COVENANTS, TERMS, AND CONDITIONS SHALL GIVE
EITHER PARTY AUTHORITY TO IMMEDIATELY TERMINATE THIS LEASE.
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EXHIBIT
LEASE AGREEMENT (Cont.) 11-EX-B (REV 1/2021)
Page 17 of 17
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION Tiffany Allen,
Chula Vista City Manager
APPROVAL RECOMMENDED
Rich Covey
Deputy District Director
Right of Way
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November 4, 2025 Post City Council Agenda
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City of Chula Vista - City Council
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City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Filipino American Veterans Park
To Honor those Filipino American Veterans
Always and forever remember
This the park that Michael Inzunza unsuccessfully tried to block
SHAME ON YOU INZUNZA!
Written Communications - PC
Acosta - Received 10/30/2025
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Written Communications - PC
Acosta - Received 10/30/2025
Page 325 of 482
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Inzunza
YES, I understand what you
mean about trusting people in
politics.
It is very disappointing.
Not to trust Politicians like
you!
You who have lie to me
YES, YOU LIE TO ME!
(I DO NOT TRUST YOU )
who have you lie too, today ?
Written Communications - PC
Acosta - Received 10/30/2025
Page 326 of 482
City of Chula Vista - City Council
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Michael Inzunza
During the Last meeting ( I Believe you attempted to impress me )
By mentioning your family legacy and a
Nation City Mayor But your let left out to mention. Slum Lord
Nor did you did not mention a former Sand Diego Council members Striper Gate story
read articles and be informed
Written Communications - PC
Acosta - Received 10/30/2025
Page 327 of 482
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Michael Inzunza I was, informed by your puppet that you wanted screen shots of Document that
I had received here are some
as there are 19 total pages
Document shows that you Michael Inzunza were suspended then placed on
leave However You were NEVER RE-HIRE
Here screen shots and according to the document received shows you got
suspended. according to t to the documented it was due to a racial incident with
an Africa America Kid that according to documents I received you called him
PUNK.
Written Communications - PC
Acosta - Received 10/30/2025
Page 328 of 482
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Document shows that you Michael
Inzunza on page 4 line 1,2 and 3
were suspended then placed on
leave However You were NEVER
RE-HIRE
•NOT SURE WHAT YOU CALL IT
•“ But it seems to me that
•YOU Michael Inzunza
•Got Fire”
•As per the document Page 3
Line 23 Inzunza treatment of the Student resulted in Public uproar about discriminatory treatment of the student.
Page 3
line 27
Inzunza received calls and people accused him of being racist.
Written Communications - PC
Acosta - Received 10/30/2025
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Written Communications - PC
Acosta - Received 10/30/2025
Page 330 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
CATHOLIC SCHOOL THAT SUSPENDED STUDENT
OVER BRAIDS REVERSES DECISION
•January 15, 2020
•Catholic school, Mater Dei High
School, suspended a mixed-race
student for violating the “dress
code” on Wednesday but removed
the penalty after online backlash.
Written Communications - PC
Acosta - Received 10/30/2025
Page 331 of 482
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Michael Inzunza
let me remind you that according to a document I receive regarding MASTER DEIL CATHOLIC HIGH SCHOOL ON (A 19-page
document).
shows that you were suspended then placed on leave and that your contract was NEVER RENEW
page 3and 4 shows more details
PAGE 3
line 23 (Inzunza Treatment of the student resulted in public uproar about discrimination of the Student
Line 27 Inzunza received calls and people accused him of being a Racist
PAGE 4
LINE 1 INZUNZA WAS SUSPENDED BY MASTER DEI FOR HIS CONDUCT AND WAS THERAFTER TOLD HE
LINE 2
WAS BEING PLACED ON PAID ADMINISTRATIVE LEAVE THOUGHT THE END OF HIS ONE YEAR CONTRACT
WHICH ENDED IN JULY 2020 AND HE WOULD NOT BE OFFERED A NEW CONTRACT FOR
LINE 3
THE NEXT ACADEMIC YEAR
A COPY of documents was hand delivered to Chula Vista City clerk.
Written Communications - PC
Acosta - Received 10/30/2025
Page 332 of 482
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NATIONAL SECURITY
SEPTEMBER 26, 20194:27 PM ET
Michael Inzunza
It is obvious. to me that you live to pose for Photo Ops
it seems to me that you run to and try very hard to get in front of everyone to pose for Photos even when you are not wanted .
You Should Focus instead on paying your Sweetwater Union Hight School Phone Bill of 9788.79
Written Communications - PC
Acosta - Received 10/30/2025
Page 333 of 482
City of Chula Vista - City Council
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MICHAEL Inzunza
You might have caused mental trauma calling
an African American
Kid a PUNK
Then you pose for a picture with a Student
Displaying a White Supremacy/antisemitic
hand sign
HOW ABOUT A PUBLIC APOLGY TO THE KID!
Written Communications - PC
Acosta - Received 10/30/2025
Page 334 of 482
City of Chula Vista - City Council
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Michael Inzunza
Did you trade Alonzo Gonzalez Social Media Account for privilege financial Information?
If you did, I believe that you should be censored fined $10.000 and place in JAIL
MICHEAL INZUNZA IF you Disclosed privilege Financials Information to Alonzo Gonzalez
you are in violation of 2.01.030 Code of ethics
3.Divulge confidential information for personal gain or for the gain of associates in a manner contrary to the public
interest or in violation of any law
and if in fact you are in violation there should be consequences
Perhaps
sensor, suspend, remove
.
•RICO Act and Confidential Financial Information
•A council member disclosing confidential financial information could potentially violate both state and federal laws, including the Racketeer Influenced and Corrupt Organizations Act (RICO) Act.
••Predicate Offenses:
•RICO requires a "pattern of racketeering activity" involving predicate offenses, which are specific federal or state crimes. Disclosing confidential financial information could be considered a predicate offense if it's part of a broader scheme of fraud, corruption, or extortion
Written Communications - PC
Acosta - Received 10/30/2025
Page 335 of 482
City of Chula Vista - City Council
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I believe that the HATCH act was violated by someone who has privilege Chula Vista financial information.by sharing
it with Alonzo Gonzales as stated by one of an attendees at the Frist Friday Breakfast
as posted on public Comments on Tuesday,April 15, 2025,at 5:00 P.m. Public Comments a sift and total
investigation should be conducted and those responsible for leaking information should face
consequences.
Alonzo Gonzalez was NEVER ELECTED He was picked and appointed under very questionable circumstances
Jenne
Email
jenne.fredrickson@gmail.com
Date
April 14, 2025 -11:32 AM
Position
Oppose
Comments
I attended the First Friday breakfast held at the
San Diego Country Club Friday April 14th and saw
former Deputy Mayor Alonso Gonzales and
learned he is on the board of the Chamber of
Commerce, he was introduced that way and I have
it on recorded video. A former Deputy Mayor had
input on the 2024-2025 budget, just to leave mid
fiscal year to be on the BOARD of Chula Vista's
lobbying committee. Smells like possible
embezzlement or money laundering may have
occurred and as a Chula Vista resident I am
concerned with the lack of transparency.
Written Communications - PC
Acosta - Received 10/30/2025
Page 336 of 482
City of Chula Vista - City Council
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Michael Inzunza, I believe you are in violation of
. 2.01.030 Code of ethics
C.Specific Prohibitions.It is prohibited and shall be deemed unethical for a City official to engage in one or
more of the following actions:
3.Divulge confidential information for personal gain or for the gain of associates in a manner contrary
to the public interest or in violation of any law
and if in fact you are in violation there should be consequences
Perhaps
sensor, suspend, remove
Written Communications - PC
Acosta - Received 10/30/2025
Page 337 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Michael Inzunza
you lied to me.
I will never believe what you say.
nor will I ever trust you! REMEMBER
Trust is like virginity.
once you lose it
you will never get it back.
Written Communications - PC
Acosta - Received 10/30/2025
Page 338 of 482
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Written Communications - PC
Acosta - Received 10/30/2025
Page 339 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
yes!
ALWAYS AND FOREVER REMEMBER
This park Michael Inzunza
was unsuccessful blocking.
MICHEAL INZUNZA GROW UP, STEP DOWN, RESIGN
Written Communications - PC
Acosta - Received 10/31/2025
Page 340 of 482
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Written Communications - PC
Acosta - Received 10/31/2025
Page 341 of 482
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yes!
ALWAYS AND FOREVER REMEMBER
This park Michael Inzunza
was unsuccessful blocking.
MICHEAL INZUNZA GROW UP, STEP DOWN, RESIGN
YES! INZUNZA THEY KNOW !
Written Communications - PC
Acosta - Received 11/03/2025
Page 342 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
MICHEAL INZUNZA
by the way
Did you notified or receive permission from
their parents or authorization to speak to
their underage Children
MICHEAL INZUNZA at Olympian High School
I believe that you are the worse person to speak
with High School Students regarding careers
you cannot Bribe student with pizza.
(PIZZA IS NOT A HEATHY FOOD)
Michael INZUNZA
If there were Filipino American Student present
Did you inform them that you tried to Block Naming the
Filipino American Veterans Park that will Honor
All Filipino American Veterans
and
How about the Racial Incident according to documentation
copies (19 pages) could be obtained from Chula Vista City
Attorney Chula Vista City Clark
you were suspended then place on leave and NEVER RE HIRED
due to your racist actions toward a Little African Kid
to me it seems that you were fire.
Written Communications - PC
Acosta - Received 11_03_25 2
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Building and Fire Codes: Adopt Various 2025 California Building and Fire Codes
Report Number: 25-0228
Location: No specific geographic location
Department: Development Services
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
Place ordinances on first reading amending: A) Chula Vista Municipal Code Chapters 15.06 (Administrative
Provisions for the Technical Building Codes), B) 15.08 (Building Code), C) 15.09 (Residential Code), D) 15.10
(Referenced Standards Code), E) 15.12 (Green Building Standards), F) 15.14 (Existing Building Code), G)
15.16 (Mechanical Code), H) 15.24 (Electrical Code and Regulations), I) 15.26 (Energy Code), J) 15.28
(Plumbing Code), K) 15.36 (Fire Code), L) 15.38 (Wildland Urban Interface Code), and M) 15.62 (Energy
Benchmarking and Conservation Requirements for Multifamily and Commercial Buildings). (First
Readings)
SUMMARY
The California Building Standards Commission (“CBSC”) has mandated that local jurisdictions within the
State of California (“State”) start enforcing the 2025 Edition of the California Building Standards Code, Title
24 of the California Code of Regulations on January 1, 2026. The adoption of California Building Codes is a
routine action undertaken by the City of Chula Vista (“City”) in response to State adopted building codes. This
action allows the City to incorporate appropriate local amendments into the enforcement program.
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.
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Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On October 15, 2025, the Board of Appeals and Advisors unanimously recommended adoption of the 2025
Edition of the California Building Standards Code as amended.
DISCUSSION
As mandated by the California Building Standards Commission (CBSC), jurisdictions within the State shall
begin enforcing the 2025 Edition of the California Building Standards Code on January 1, 2026. Every three
(3) years, the State adopts and amends the newest model codes published by the various independent code-
developing bodies. New State building codes take effect 180 days after they are published to allow local
jurisdictions time to adopt local amendments to the State building codes before they take effect. Local
amendments cannot be less restrictive than the State building codes and must be based on findings that the
amendments are necessary because of local climatic, geological, or topographical conditions. Local
amendments are not effective until the amendments have been filed with the CBSC.
With the approval of Assembly Bill 130 on June 30, 2025, local jurisdiction’s ability to amend residential
building standards is prohibited, except under specific circumstances from October 1, 2025, through June 1,
2031. Previously adopted and executed amendments to building standards can be carried forward during
this moratorium, with any further modifications needing to demonstrate compliance with one of the
following exceptions:
1. Proposed amendments are substantially equivalent to a change previously filed with the California
Building Standards Commission by the City and were in effect as of September 30, 2025;
2. Proposed amendments are related to “home hardening;”
3. Proposed amendments are necessary as emergency standards to protect health and safety;
4. Proposed amendments are necessary to implement a local code amendment that is adopted to align with
a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction
consistent with federal law while also incentivizing all-electric construction as part of an adopted
greenhouse gas emissions reduction strategy; or
5. Proposed amendments are modifying administration of Building Code implementation.
As required by State law, the City must adopt the 2025 edition of the California Building Standards Cod e
(Title 24). The proposed ordinances include a series of local amendments that are necessary to address the
City’s unique climatic, geological, and topographical conditions. It is important to note that the majority of
these amendments are not new regulations but are being re-adopted from the City’s existing Municipal Code.
This action is a standard part of the triennial code adoption process, ensuring that the City’s proven and
effective construction standards are carried forward and remain consistent with the new State codes.
Additionally, the proposed ordinances repeal Chapter 15.38 of the Chula Vista Municipal Code and adopt a
new Chapter 15.38 titled "Wildland-Urban Interface Code." This new chapter incorporates the recently
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published Part 7 of Title 24, the 2025 California Wildland-Urban Interface Code, along with local
amendments. The ordinances also propose relocating Section 15.26.050, which addresses mandatory
benchmarking and conservation requirements for multifamily and commercial buildings, to a newly created
Chapter 15.62.
All proposed amendments are consistent with the requirements of Assembly Bill 130, being that they are
substantially equivalent to previously filed amendments, are related to home hardening, and/or are aligned
with the City’s previously adopted General Plan.
The following are brief discussions on the various ordinances adopting the 2025 building codes:
Proposed Ordinance “A” - Administrative Provisions for the Technical Building Codes
The proposed ordinance amends the administrative provisions of Municipal Code Sections 15.06.001
Purpose, 15.06.005 Scope, 15.06.015 Definitions, 15.06.085(B)(1) Information on Plans and Specifications,
and 15.06.090(A) Permit Issuance, to align these sections with the adoption by reference of Chapter 15.38,
Wildland Urban Interface Code, and the City’s administrative processes for electronic plan submittal and
review.
Proposed Ordinance “B” - 2025 California Building Code
The proposed ordinance adopts the 2025 California Building Code and proposes the re-adoption of existing
local amendments to the current Building Code adopted by the City. This ordinance proposes minor changes
to appendix and section references for consistency with the 2025 edition of the California Building Code.
Proposed Ordinance “C” - 2025 California Residential Code
The proposed ordinance adopts the 2025 California Residential Code. Staff is not proposing any local
amendments to the code. This ordinance proposes minor changes to appendix references for consistency
with the 2025 edition of the California Residential Code.
Proposed Ordinance “D” - 2025 California Referenced Standards Code
The proposed ordinance adopts the 2025 California Referenced Standards Code. Staff is not proposing any
local amendments to the code.
Proposed Ordinance “E” - 2025 California Green Building Standards Code
The proposed ordinance adopts the 2025 California Green Building Standards Code and proposes the re -
adoption of an existing non-technical local amendment to the current locally adopted Green Building
Standards Code.
Proposed Ordinance “F” - 2025 California Existing Building Code
The proposed ordinance adopts the 2025 California Existing Building Code. Staff is not proposing any local
amendments to the code.
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Proposed Ordinance “G” - 2025 California Mechanical Code
The proposed ordinance adopts the 2025 California Mechanical Code. Staff is not proposing any local
amendments to the code.
Proposed Ordinance “H” - 2025 California Electrical Code
The proposed ordinance adopts the 2025 California Electrical Code and proposes the re-adoption of existing
local amendments to the current Electrical Code adopted by the City.
Proposed Ordinance “I” - 2025 California Energy Code
The proposed ordinance adopts the 2025 California Energy Code and proposes the re-adoption of Section
15.26.020 Outdoor lighting zones, and the relocation of Section 15.26.050 Mandatory Benchmarking and
Conservation Requirements for Multifamily and Commercial Buildings to Section 15.62, with the current
section only referencing the new location in the Chula Vista Municipal Code (CVMC).
Proposed Ordinance “J” - 2025 California Plumbing Code
The proposed ordinance adopts the 2025 California Plumbing Code and proposes the re-adoption of section
15.28.020 Residential Graywater Stub-out.
Proposed Ordinance “K” - 2022 California Fire Code
The proposed ordinance repeals existing Chapter 15.36 (Fire Code) of the Municipal Code and adopts a new
Chapter 15.36 incorporating the 2025 California Fire Code with referenced appendices. In addition to the
adoption of the 2025 California Fire Code, the Ordinance further proposes the re-adoption of existing local
amendments.
Proposed Ordinance “L” - 2025 California Wildland Urban Interface Code
The proposed ordinance repeals existing Chapter 15.38 (California Wildland-Urban Interface Code) of the
Municipal Code and adopts a new Chapter 15.38 incorporating the 2025 California Wildland-Urban Interface
Code with referenced appendices. Targeted amendments are proposed to add a definition for “Home
Hardening” and to align the Code with recent City requirements adopted under the Fire Hazard Severity Zone
Ordinance (Ord. 3598). Specifically, the amendments align Moderate Fire Hazard Severity Zone areas and
the City’s Special Designated Vegetation Management Area requirements with the new Wildland-Urban
Interface Code.
Proposed Ordinance “M” – Energy Benchmarking and Conservation Requirements for Multifamily and
Commercial Buildings
The proposed ordinance relocates Municipal Code Section 15.26.050 (Mandatory Benchmarking and
Conservation Requirements for Multifamily and Commercial Buildings) to a new Chapter 15.62 and amends
the mandatory benchmarking and conservation requirements for multifamily and commercial buildings to
simplify the process to make it less cumbersome for building owners to comply. Highlights include aligning
the language with State energy benchmarking requirements, deferring compliance deadlines, clarifying that
existing fines may be levied monthly and expanding a data verification requirement to demonstrate
compliance in the future. Proposed amendments to Section 15.62 are substantially equivalent to the
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amendments previously adopted and aligned with the Environmental Element of the General Plan, which
was adopted on December 13, 2005.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and have determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund or the Development Services Fund as a result of
this action. There are no increases in fees proposed in this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this
action.
ATTACHMENTS
1. Board of Appeals and Advisors Meeting Minutes, October 15, 2025
2. Exhibit 1 – 2025 California Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista
Municipal Code 15.36
3. Exhibit 2 - 2025 California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix –
City of Chula Vista Municipal Code 15.38
Staff Contact: Shayne Wagner, Building Official, Development Services
Roy Sapa’u, Director of Development Services
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Attachment 1
Page 1
City of Chula Vista
Special Board of Appeals and Advisors Meeting
MINUTES
October 15, 2025, 5:15 p.m.
City Hall, Bldg. A, Conference Room C-101
276 Fourth Avenue, Chula Vista
Present:Member Ehm, Member Iuli, Vice Chair Metayer, Chair Sclafani
Also Present:Fire Division Chief, Director of Fire Prevention Gipson, Building
Official Wagner, Deputy City Clerk Zepeda, Deputy City Attorney
Pietanza
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:16 p.m.
2. ROLL CALL
Deputy City Clerk Zepeda called the roll.
3. CONSENT CALENDAR (3.1 through 3.2)
Moved by Member Ehm
Seconded by Member Iuli
To approve the recommended action on the below consent calendar items. The
motion was carried by the following vote:
Yes (4): Member Ehm, Member Iuli, Vice Chair Metayer, and Chair Sclafani
Result: Carried (4 to 0)
3.1 Approval of Meeting Minutes
To approve minutes dated: May 19, 2025
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2025-10-15 Board of Appeals and Advisors Special Meeting Minutes
Page 2
3.2 Consider Request for Excused Absence
To approve an excused absence for Vice Chair Metayer from the May 19,
2025, meeting.
4. ACTION ITEMS
4.1 Recommendation to City Council to Adopt the 2025 California
Building and Fire Codes and Related Local Amendments
Building Official Wagner, Fire Division Chief, Director of Fire Prevention
Gipson, and Environmental Sustainability Manager Wisniewski provided
presentations. Deputy Fire Marshal Olivas and Neal DeSnoo with Clean
Energy Policy Advisors, LLC assisted in responding to questions.
Moved by Member Ehm
Seconded by Member Iuli
To recommend to the City Council the adoption of various 2025 Editions of
the California Building and Fire Codes. The motion was carried by the
following vote:
Yes (4): Member Ehm, Member Iuli, Vice Chair Metayer, and Chair
Sclafani
Result: Carried (4 to 0)
4.2 Election of Board Chair and Vice Chair for Fiscal Year 2025-26
Moved by Member Ehm
Seconded by Member Iuli
To elect Chair Sclafani as Chair and Vice Chair Metayer as Vice Chair for
Fiscal Year 2025-26. The motion was carried by the following vote:
Yes (4): Member Ehm, Member Iuli, Vice Chair Metayer, and Chair
Sclafani
Result: Carried (4 to 0)
5. STAFF COMMENTS
There were none.
6. CHAIR'S COMMENTS
Chair Sclafani made comments and thanked staff for their presentation.
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2025-10-15 Board of Appeals and Advisors Special Meeting Minutes
Page 3
7. BOARD MEMBERS' COMMENTS
Commissioners made comments and thanked staff for their presentation.
8. ADJOURNMENT
The meeting was adjourned at 6:43 p.m.
Minutes prepared by: Mariluz Zepeda, Deputy City Clerk
_________________________
Mariluz Zepeda, Deputy City Clerk
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Exhibit 1: 2025 California Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.36
1
Following is a summary of modifications or changes (local amendments) to the 2025 edition of the California Fire Code (CFC), which
are further included in the City of Chula Vista Municipal Code (CVMC), Chapter 15.36. The local amendments are organized
sequentially by code section. California Health and Safety Code 179 58, and subsections, provides the authority for making local
amendments. Local amendments herein identify the California Code of Regulations, Title 24 (Part 9), sections being amended and
distinguishes the amendment and/or added text from the text of Title 24 not being amended —express ly marked. The local
amendments contained throughout the adopting Fire Code Ordinance, CVMC 15.36, are more restrictive building standards and
standards than those provided in Title 24. The City of Chula has made express findings that local amendments to the building
standards in Title 24 are reasonably necessary due to local climatic, geological, and/or topographical conditions.
Amendment Description Key:
Black text: 2025 CFC
Blue / underlined text: City of Chula Vista amendment - CFC addition
Blue / strikethrough text: City of Chula Vista amendment - CFC deletion
Black text without a respective code section: Informational
Chula Vista Municipal Code Chapter 15.36 - Fire Code: The following local amendments are proposed to implement the technical
standards in the 2025 edition of the California Fire Code.ab
CVMC 15.36.010 California Fire Code Chapter 1 - Scope and Administration - Adopted and Amended
CFC 105.5 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the
operations set forth in Sections 105.5.2 through 105.5.54 and 105.5.60 through 105.5.62.
CFC 105.5.60 General use permit. An operational permit is required for the issuance of a general use permit and its respective
inspection. A general use permit is required for any activity or operation not specifically described therein, to
include high occupant loads and or when in the judgement of the Fire Code Official is likely to produce conditions
hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are required to
have a general use operational permit.
CFC 105.5.61 State-mandated. An operational permit is required for California state-mandated inspected occupancies.
CFC 105.5.62 General use certificate. A temporary operational permit is required for the issuance of a general use certificate
and its respective inspections. A general use certificate is required for each new business within the city that is
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Exhibit 1: 2025 California Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.36
2
applying for a business license or for an existing business that is changing operations or expanding business
operations into new suites and is revising their respective business license (with a physical commercial address
within city limits).
CFC 106.1 Submittals and requirements. Construction documents and supporting data shall be submitted in twothree or more
sets, or in an approved electronic format, with each application for a permit and in such form and detail as required
by the fire code official. The construction documents shall be prepared by a registered design professional where
required by the statutes of the jurisdiction in which the project is to be constructed.
Construction documents, plans, submittals, and other documents associated with building or remodeling a
structure, including fire and life safety systems and fire service features, shall be in accordance with adopted
codes, Sections 106.1 through 106.4, and the Fire Department’s Fire Safety Engineering Standard Details and
Requirements.
Exception. The fire code official is authorized to waive the submission of construction documents and
supporting data not required to be prepared by a registered design professional if it is found that the nature of
the work applied for is such that review of construction documents is not necessary to obtain compliance with
this code.
CFC 109.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during which it is determined that a
violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such
violations have been corrected.
CFC 113.4 Violation penalties. Persons who shall violate a provision of this code, including non-compliance with stop work
and or do not occupy orders, or shall fail to comply with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation of the approved construction documents or directive of the fire code official,
or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor [SPECIFY
OFFENSE], punishable by a fine of not more than the greater of $1,000 [AMOUNT] dollars or as established by
the City of Chula Vista Policy and Procedures Manual for Civil penalties or by imprisonment not exceeding six
(6) months [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
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Exhibit 1: 2025 California Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.36
3
CFC 114.4 Failure to comply. Any person, who shall continue s any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject
to a fines established by the authority having jurisdiction of not less than $250 dollars or more than $1,000 dollars.
CVMC 15.36.015 California Fire Code Chapter 2 - Definitions - Adopted and Amended
FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing enforcement of fire and
life safety regulations as they relate to planning, construction and development, and maintenance.
FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a legally formed
volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the
responsibility of providing fire protection to the jurisdiction.
FIRE HAZARD. Anything that increases or could cause an increase of the hazard or menace of fire to a greater
degree than customarily recognized as normal by persons in the public service regularly engaged in preventing,
suppressing or extinguishing fire or anything or act which could obstruct, de lay, hinder or interfere with the
operations of the fire department or egress of occupants in the event of fire.
FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as driveway, fire lane, public
street, private street, parking lot, lane, access roadway or the like.
VEGETATION. Refers to the plant life of a particular area or region, encompassing all aspects of plants, such
as trees, shrubs, and grasses that is capable of being easily ignited and endangering property.
CVMC 15.36.020 California Fire Code Chapter 3 - General Requirements - Adopted
CVMC 15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted
Note: Respective to Cannabis businesses and the licensing thereof, Emergency Action an d Fire Prevention
Plans are required and shall comply with the provisions as set forth in Chula Vista Municipal Code,
5.19.050.B.1.e, and as further outlined under the City’s Cannabis Regulations, §0502. Cannabis business
Emergency Action and Fire Prevention Plans shall show compliance with California Fire Code, Chapter 4,
Emergency Planning and Preparedness, Sections 404 through 407.
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CVMC 15.36.030 California Fire Code Chapter 5 - Fire Service Features - Adopted and Amended
CFC 511 PREPLANNING RESPONSE MAPS AND DATA
CFC 511.1 Requirements. Applicants submitting permits for and building any new development or project, which
necessitates updating of emergency response maps by virtue of new structures and their respective appurtenances,
hydrants, roadways, and or similar features, shall be required to provide electronic files with respective layers, in
an approved format, form, and detail as required by the fire code official, to the FAHJ.
CVMC 15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted
CVMC 15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted
CVMC 15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted
CVMC 15.36.050 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems - Adopted and Amended
CFC 901.6.3.2 Records reporting. The Fire Code Official has the authority to enter into a contract / agreement with a third -
party vendor for purposes of collecting, organizing, categorizing, and tracking State-mandated inspection,
testing, and maintenance in accordance with the adopted California edition of NFPA 25. All inspection, testing
and maintenance reports shall be forwarded and made accessible to the Fire Code Official using the digital
records management platform of the designated third-party as approved by the City. Paper (hard copy) reports
are not permitted. Third-party vendor fees are further approved under said contract / agreement.
CFC 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems
shall be no less than one (1) inch in diameter.
Exceptions:
1. Minimum meter size can be dependent upon hydraulic analysis, including saf ety factors, for second dwelling
units and accessory structures to group R3 occupancies.
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CFC 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of
the following locations:
1. In every required interior exit stairway or exterior exit stairway, a hose connection shall be provided for each
story above and below grade plane. Hose connections shall be located at the intermediate main floor level
landings between floors or as approved by the fire code official. See Section 909.20.2.3 of the California
Building Code for additional provisions in smokeproof enclosures.
Exception to Item 1 of 905.4 along with Item 2 through 6 shall remain in full force and effect.
CVMC 15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted
CVMC 15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted
CVMC 15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted
CVMC 15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted
CVMC 15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted
CVMC 15.36.080 California Fire Code Chapter 22 - Combustible Dust – Producing Operations - Adopted
CVMC 15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted
CVMC 15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted
CVMC 15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted
CVMC 15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Not adopted
CVMC 15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted
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CVMC 15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking
Facilities - Adopted
CVMC 15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted
CVMC 15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted
CVMC 15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures -
Adopted
CVMC 15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted
CVMC 15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted
CVMC 15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage - Adopted
CVMC 15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted
CVMC 15.36.150 California Fire Code Chapter 36 - Marinas - Adopted
CVMC 15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted
CVMC 15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted
CVMC 15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted
CVMC 15.36.170 California Fire Code Chapter 41 - Temporary Heating and Cooking Operations - Adopted
CVMC 15.36.175 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved
Production Facilities and Production Locations - Adopted
CVMC 15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted
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7
CVMC 15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted
CVMC 15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted
CVMC 15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted
CVMC 15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted
CVMC 15.36.205 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and Amended
CFC 5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as
Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when
permitted and conducted by a licensed pyrotechnic operator.
CFC 5601.1.3.2 Seizure of fireworks. The Fire Code Official shall have the authority to seize, take, or remove all fireworks
possessed, stored, sold, offered for sale, used or handled in violation of the provisions of this Ordinance and
Title 19 California Code of Regulations.
CVMC 15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted
CVMC 15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted
CVMC 15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted
CVMC 15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted
CVMC 15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted
CVMC 15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted
CVMC 15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted
CVMC 15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted
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CVMC 15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted
CVMC 15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted
CVMC 15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted
CVMC 15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted
CVMC 15.36.270 California Fire Code - Appendices - Adopted in part and Amended
Appendix Ch. 4 - Special Detailed Requirements Based Upon Use and Occupancy - Adopted
Appendix B - Fire-Flow Requirements for Buildings - Adopted and Amended
TABLE B105.1(1).
TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO -FAMILY DWELLINGS, GROUP R-3
AND R-4 BUILDINGS AND TOWNHOUSESb
FIRE FLOW
CALCULATION
AREA (square feet)
AUTOMATIC
SPRINKLER
SYSTEMS (Design-
Standard)
MINIMUM FIRE
FLOW
(gallons per
minute)a
FLOW DURATION
(hours)
0-3,600 No automatic
sprinkler system
1,000 Value in Table
B105.1(2)
1 Duration in Table
B105.1(2) at the
required fire-flow
rate
3,601 and greater No automatic
sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
0-3,600 Section 903.3.1.3 of
the California Fire
Code or Section
500 Value in Table
B105.1(2)
½ Duration in Table
B105.1(2) at the
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P2904 of the
California Residential
Code
required fire-flow
rate
3,601 and greater Section 903.3.1.3 of
the California Fire
Code or Section
P2904 of the
California Residential
Code
Value in Table
B105.1(2)
1 Duration in Table
B105.1(2) at the
required fire-flow
rate
For SI: 1 square foot = 0.0929 m2 . 1 gallon per minute = 3.785 L/m.
a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a
fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system
hazard classification upgrade in lieu of water main upsizing.
TABLE B105.2.
TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY
DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESc
AUTOMATIC
SPRINKLER SYSTEM
(Design-Standard)
MINIMUM FIRE FLOW
(gallons per minute)b
FLOW DURATION
(hours)
a
a
ab
For SI: 1 gallon per minute = 3.785 L/m
a. The reduced fire-flow rate shall not be less than 1,000 gallons per minute.
b. The reduced fire-flow rate shall not be less than 1,500 gallons per minute.
a. The reduced fire flow rate shall not be less than 1,500 gallons per minute.
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b. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a
fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system
hazard classification upgrade in lieu of water main upsizing or other as approved by the Fire Code Official.
Appendix BB - Fire-Flow Requirements for Buildings - Adopted and Amended
BB105.1 The minimum fire flow and flow duration for school buildings shall be as specified in Table BB105.1.
Exception. A reduction in required fire flow of up to 75 25 percent is allowed when the building is
provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow
shall not be less than 1500 GPM.
Appendix C - Fire Hydrant Locations and Distribution - Adopted and Amended
TABLE C102.1
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS
Table remains.
a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or
where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000
vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an
alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures
or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for
transportation hazards.
d. Reduce by 50 feet for dead-end streets or roads.
e. One hydrant for each 1,000 gallons per minute or fraction thereof.
f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code.
g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire
Code or Section P2904 of the California Residential Code.
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ha. The fire code official is authorized to modify the location, number and distribution of fire hydrants based
upon site-specific constraints, and hazards.
All other Footnotes are deleted.
Appendix CC - Fire Hydrant Locations and Distribution - Adopted and Amended
TABLE CC105.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers which can be crossed by fire fighters pulling hose lines, or
where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000
vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an
alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 400 feet for higher fire-flow
requirements.
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures
or simila r fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for
transportation hazards.
d. Reduce by 50 feet for dead-end streets or roads.
e. One hydrant for each 1,000 gallons per minute or fraction thereof.
Appendix H - Hazardous Materials Management Plans and Hazardous Materials Inventory Statements -
Adopted
Appendix P - Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses - Adopted
Appendices not listed herein are not adopted as part of this Ordinance.
aSee City of Chula Vista 2025 California Fire Code Adopting Ordinance’s Express Findings and Declarations (Section III) for d etails on Climatic,
Geological, and Topographical conditions
bAll CFC Chapters adopted with amendments or without amendments that may include additional code sections or subsections beyond th e State’s
adoption are necessary due to local Climatic, Geological, and/or Topographical conditions
Page 362 of 482
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Exhibit 2: 2025 California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.3 8
1
Following is a summary of modifications or changes (local amendments) to the 2025 edition of the California Wildland-Urban
Interface Code (CWUIC), which are further included in the City of Chula Vista Municipal Code (CVMC), Chapter 15.3 8. The local
amendments are organized sequentially by code section. California Health and Safety Code 179 58, and subsections, provides the
authority for making local amendments. Local amendments herein identify the California Code of Regulations, Title 24 (Part 7),
sections being amended and distinguishes the amendment and/or added text from the text of Title 24 not being amended —express ly
marked. The local amendments contained throughout the adopting Wildland-Urban Interface Code Ordinance, CVMC 15.38, are more
restrictive building standards and standards than those provided in Title 24. The City of Chula has made express findings that local
amendments to the building standards in Title 24 are reasonably necessary due to local climatic, geological, and/or topographical
conditions.
Amendment Description Key:
Black text: 2025 CWUIC
Blue / underlined text: City of Chula Vista amendment - CWUIC addition
Blue / strikethrough text: City of Chula Vista amendment - CWUIC deletion
Black text without a respective code section: Informational
Chula Vista Municipal Code Chapter 15.38 - Wildland-Urban Interface Code: The following local amendments are proposed to
implement the technical standards in the 2025 edition of the California Wildland-Urban Interface Code.ab
CVMC 15.38.010 California Wildland-Urban Interface Code Chapter 1 - Administration - Adopted
CVMC 15.38.015 California Wildland-Urban Interface Code Chapter 2 - Definitions – Adopted and Amended
HOME HARDENING. A method of utilizing construction features, building materials, and maintenance
practices intended to increase a building and structure’s resistance to ignition from fire exposure, including
direct flame contact, radiant heat, and embers.
MODERATE FIRE HAZARD SEVERITY ZONE. Means the Moderate zone or area(s ) identified on the map
titled “City of Chula Vista (San Diego County), Local Responsibility Area Fire Hazard Severity Zones,” dated
March 24, 2025. The City of Chula Vista adopted and established the Moderate Fire Hazard Severity Zone to
meet the requirements of Government Code sections 51175 through 51188 and for the limited purpose of
applying Home Hardening required within Chapter 5 of the 2025 California Wildland -Urban interface Code,
together with brush management requirements adopted by the City. For the purpose of this definition, the
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Moderate Fire Hazard Severity Zone is not a Wildland-Urban Interface Area(s) as defined by Section 202. See
also Ordinance No. 3598.
SPECIAL DESIGNATED VEGETATION MANAGEMENT AREA. Means the area(s) identified on the ma p
titled “City of Chula Vista Special Designated Vegetation Management Area,” dated March 26, 2025. The
Special Designated Vegetation Management Area (SDVMA) is establish by the City for the limited purpose of
applying Home Hardening required within Chapter 5 of the 2025 California Wildland-Urban interface Code,
together with brush management requirements adopted by the City. For the purpose of this definition, the
SDVMA is not a Wildland-Urban Interface Area(s) as defined by Section 202. See also Ordinance No. 3598.
CVMC 15.38.020 California Wildland-Urban Interface Code Chapter 3 - Wildland-Urban Interface Areas - Adopted
CVMC 15.38.025 California Wildland-Urban Interface Code Chapter 4 - Wildland-Urban Interface Area Requirements - Adopted
CVMC 15.38.030 California Wildland-Urban Interface Code Chapter 5 - Special Building Construction Regulations - Adopted
and Amended
CFC 501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the
California Building Code and this code.
Buildings and structures in the City adopted and designated Moderate Fire Hazard Severity Zone and Special
Designated Vegetation Management Area shall be constructed in accordance with Chapter 5 of the California
Wildland-Urba n Interface Code.
CVMC 15.38.035 California Wildland-Urban Interface Code Chapter 6 - Fire Protection Requirements - Adopted
CVMC 15.38.040 California Wildland-Urban Interface Code Chapter 7 - Referenced Standards - Adopted
CVMC 15.38.045 California Wildland-Urban Interface Code - Appendices - Adopted in part
Appendix F - Characteristics of Fire-Smart Vegetation - Adopted
Appendix G - Voluntary Home-Hardening Recommendations - Adopted
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3
Appendices not listed herein are not adopted as part of this Ordinance.
aSee City of Chula Vista 2025 California Wildland-Urban Interface Code Adopting Ordinance’s Express Findings and Declarations (Section III)
for d etails on Climatic, Geological, and Topographical conditions
bAll CWUIC Chapters adopted with amendments or without amendments that may include additional code sections or subsections beyond the
State’s adoption are necessary due to local Climatic, Geological, and /or Topographical conditions
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ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.06 OF THE CHULA VISTA
MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS
FOR THE TECHNICAL BUILDING CODES
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025
through June 1, 2031: and
WHEREAS, the proposed ordinance amends the administrative provisions of
Municipal Code Sections 15.06.001 Purpose, 15.06.005 Scope, 15.06.015 Definitions,
15.06.085(B)(1) Information on Plans and Specifications, and 15.06.090(A) Permit
Issuance, to align these sections with the adoption by reference of Chapter 15.38, Wildland
Urban Interface Code, and the City’s administrative processes for electronic plan submittal
and review.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 15.06
That chapter 15.06 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.06
Administrative Provisions for the Technical Building Codes
Sections:
15.06.001 Purpose
15.06.005 Scope
15.06.015 Definitions
15.06.085(B)(1) Information on Plans and Specifications
15.06.090(A) Permit Issuance
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Ordinance No. __________
Page 2
15.06.001 Purpose
The purpose of this chapter is to establish rules and regulations for the
administration and enforcement of certain technical codes, which codes are identified in
and adopted in the manner indicated in Chapters 15.08, 15.09, 15.10, 15.12, 15.14, 15.16,
15.24, 15.26, 15.28 and 15.2838 CVMC, and associated with site preparation and
construction, location, alteration, moving, demolition, repair, use and occupancy of
buildings, structures and building service equipment.
15.06.005 Scope
The provisions of this chapter shall serve as the administrative, organizational and
enforcement rules and regulations for the technical codes identified in and adopted in the
manner indicated in Chapters 15.08, 15.09, 15.10, 15.12, 15.14, 15.16, 15.24, 15.26, 15.28
and 15.2838 CVMC, and which regulate site preparation and construction, location,
alteration, moving, demolition, repair, use and occupancy of buildings, structures and
building service equipment. Provisions contained in the appendices of the technical codes
shall not apply unless specifically adopted by the City of Chula Vista.
15.06.015 Definitions
For the purposes of this chapter, and Chapters 15.08, 15.10, 15.12, 15.14, 15.16,
15.24, 15.26, 15.28 and 15.3815.28 CVMC, the following words have the meanings shown
in this section. Where a term is not defined in this section, but is defined in one of the
technical codes, such term shall have the meaning ascribed to it in the technical code.
Where terms are not defined, they shall have their ordinarily accepted meanings within the
context with which they are used. Words used in the singular include the plural, and the
plural the singular. Words used in the masculine gender include the feminine, and the
feminine include the masculine.
“Technical code” means those codes identified in and adopted in the manner indicated in
Chapters 15.08, 15.09, 15.10, 15.12, 15.14, 15.16, 15.24, 15.26, 15.28 and 15.3815.28
CVMC.
15.06.085(B)(1) Information on Plans and Specifications
1. Information on Plans and Specifications. Plans and specifications shall be drawn to
scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location,
nature and extent of the proposed work and show in detail that the proposed work will
conform to the provisions of this chapter, the technical codes and all relevant laws,
ordinances, rules and regulations. Plans for buildings of other than Group R, Division 3
and Group U occupancies shall indicate how required structural and fire-resistive integrity
will be maintained where penetrations will be made for electrical, mechanical, plumbing
and communication conduits, pipes and similar systems.
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Ordinance No. __________
Page 3
15.06.090(A) Permit Issuance
A. Issuance. The application, plans, specifications, computations and other data filed by
an applicant for permit shall be reviewed by the Building Official. Such plans may be
reviewed by other departments of the City to verify compliance with all applicable laws. If
the Building Official finds that the work described in an application for a permit and the
plans, specifications and other data filed therewith conform to the requirements of this
chapter, the technical codes, and other pertinent laws and ordinances, and that the fees
specified in CVMC 15.06.095 have been paid, the Building Official shall issue a permit to
the applicant.
When a permit is issued, and plans and specifications are required for that permit, the
Building Official shall endorse in writing or stamp the plans and specifications
“APPROVEDREVIEWED.” Such approved plans and specifications shall not be changed,
modified or altered without authorization from the Building Official, and all work regulated
by this chapter or the technical codes shall be done in accordance with the approved plans
and specifications.
The Building Official may issue a permit for the construction of part of a building, structure
or building service equipment before the entire plans and specifications for the whole
building, structure or building service equipment have been submitted or approved,
provided adequate information and detailed statements have been filed complying with all
pertinent requirements of the technical codes. The issuance of a partial permit shall not, in
any way, commit the Building Official to grant a permit for the entire building, structure
or building service.
Section II. Scope of Amendment
This Amendment changes only the administrative provisions of the subsections
specifically identified in Section I above. No other changes to chapter 15.06 are
contemplated or intended by this Ordinance. The balance of chapter 15.06 shall remain
unchanged and continue in full force and effect.
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
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Ordinance No. __________
Page 4
one or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
not to duplicate or contradict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
Section V. Effective Date
This ordinance will take effect and be in force thirty days after final passage but not
before January 1, 2026.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ____________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 369 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.08 OF THE CHULA VISTA
MUNICIPAL CODE, BUILDING CODE, ADOPTING
THE CALIFORNIA BUILDING CODE, 2025 EDITION
AND LOCAL AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025,
through June 1, 2031: and
WHEREAS, the proposed ordinance adopts the 2025 California Building Code and
proposes the re-adoption of existing local amendments to the current Building Code adopted
by the City.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 15.08
That chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.08
BUILDING CODE
Sections:
15.08.010 California Building Code, 2022 2025 Edition, adopted by reference.
15.08.020 Subsection 705.11 12 is amended to add an exception to the requirement for
parapets.
15.08.030 Subsection 1511.6.4 is added to Section 1511.6 to require equipment
enclosures on roofs.
Page 370 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
15.08.010California Building Code, 2022 2025 Edition, adopted by reference.
There is hereby adopted by reference the California Building Code, 2022 2025
Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix I
and Appendix PQ , as adopted by state agencies, and excluding Chapter 1, Division II of that
document as copyrighted by the International Code Council, and the California Building
Standards Commission. Said document is hereby adopted as the Building Code of the City
of Chula Vista for regulating the erection, construction, enlargement, alteration, repair,
moving, demolition, conversion, occupancy, use, height, and area of all buildings and
structures in the City, excepting such portions as are hereinafter deleted, modified, or
amended. Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative,
organizational and enforcement rules and regulations for this chapter.
15.08.020Subsection 705.11 12 is amended to add an exception to the requirement for
parapets.
Exception 7 is hereby added to Subsection 70 5.11 12 of the California Building Code,
as it applies in Chula Vista, and shall read as follows:
Exception 7. Conversion of existing Group R occupancies to offices.
15.08.030 Subsection 1511.6.4 is added to Section 1511.6 to require equipment
enclosures on roofs.
Subsection 1511.6.4 is hereby added to Section 1511.6 of the California Building
Code, as it applies in Chula Vista, and shall read as follows:
Subsection 1511.6.4 Equipment Enclosure. Operating equipment, including
piping and ducts located on the roof of a building, shall be shielded from view
from public thoroughfares, and private and public parking lots. Equipment
enclosures shall not be constructed so as to trap flammable or combustible
vapors.
Exception: Solar collectors. Does not include structural supporting members.
Section II. Findings and Declaration
The City Council specifically and expressly finds and declares that section s
15.08.020 and 15.08.030 are necessary due to local topographical conditions. As a result of
the geographical layout of the City of Chula Vista the City Council deems it aesthetically
important to shield roof equipment enclosures from public view. Also, exempting
conversion of existing Group R occupancies to offices from subsection 705.12 of the
California Building Code is an important historical exemption contained in the Chula Vista
Page 371 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 3
Municipal Code from years past and the City Council deems this exemption necessary to
preserve local topographical conditions.
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 dec lared
invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
not to duplicate or contradict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
Section V. Effective Date
This ordinance will take effect and be in force thirty days after final passage but not
before January 1, 2026.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ____________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 372 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.09 OF THE CHULA VISTA
MUNICIPAL CODE, RESIDENTIAL CODE, ADOPTING
THE CALIFORNIA RESIDENTIAL CODE, 2025
EDITION
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025
through June 1, 2031; and
WHEREAS, the proposed ordinance adopts the 2025 California Residential Code
with no local amendments.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.09
That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.09
RESIDENTIAL CODE
Sections:
15.09.010 California Residential Code, 2022 2025 Edition, adopted by reference.
15.09.010 California Residential Code, 2022 2025 Edition, adopted by reference.
There is hereby adopted by reference the California Residential Code, 2022 2025
Edition, known as the California Code of Regulations, Title 24 part 2.5, including
Appendix AHBF, AQBB, ASBJ, AX CI and AZCJ, as adopted by state agencies, and
excluding Chapter 1, Division II of that document as copyrighted by the International Code
Council and the California Building Standards Commission. Said document is hereby
adopted as the residential Residential code Code of the City of Chula Vista for regulating
Page 373 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
the construction, alteration, movement, enlargement, replacement, repair, equipment, use
and occupancy, location, maintenance, removal and demolition of every detached one-and
two-family dwelling, townhouse not more than three stories above grade plane in height
with a separate means of egress and structures accessory thereto throughout the City,
excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code
chapter 15.06 shall serve as the administrative, organizational and enforcement rules and
regulations for this chapter.
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 will take effect and be in force thirty days after final passage but not
before January 1, 2026.
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:
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 374 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.10 OF THE CHULA VISTA
MUNICIPAL CODE, REFERENCED STANDARDS
CODE, ADOPTING THE CALIFORNIA REFERENCED
STANDARDS CODE, 2025 EDITION
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025
through June 1, 2031: and
WHEREAS, the proposed ordinance adopts the 2025 California Referenced
Standards Code with no local amendments.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.10
That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.10
REFERENCED STANDARDS CODE
Sections:
15.10.010 California Referenced Standards Code, 2022 2025 Edition, adopted by
reference.
15.10.010 California Referenced Standards Code, 2022 2025 Edition, adopted by
reference.
There is hereby adopted by reference the California Referenced Standards Code,
known as the California Code of Regulations, Title 24 part 12, 2022 2025 Edition, as
copyrighted by the California Building Standards Commission. Said document is hereby
adopted as the referenced Referenced standards Standards code Code of the City of Chula
Page 375 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
Vista, for the purpose of providing minimum standards to safeguard life or limb, health,
property and public welfare by regulating and controlling the design, construction, quality of
materials, certain equipment, use and occupancy, location and maintenance of all buildings
and structures within the City of Chula Vista. Chapter 15.06 of the Chula Vista Municipal
Code shall serve as the administrative, organizational and enforcement rules and regulations
for this chapter.
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 h ave 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 will take effect and be in force thirty days after final passage but not
before January 1, 2026.
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
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 376 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE,
GREEN BUILDING STANDARDS, ADOPTING THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025
EDITION AND LOCAL AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions within the
State to begin enforcing the 2025 Edition of the California Building Standards Code on January 1,
2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the State
building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building codes and
must be based on findings that the amendments are necessary because of local climatic, geological,
or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying residential
building standards except under specific circumstances from October 1, 2025 through June 1,
2031; and
WHEREAS, the proposed ordinance adopts the 2025 California Green Building Standards
Code and proposes the re-adoption of an existing non-technical local amendment to the current locally
adopted Green Building Standards Code.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.12
That chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.12
Green Building Standards
Sections:
Section 15.12.001 California Green Building Standards Code, 2022 2025 Edition,
adopted by reference
Section 15.12.005 California Green Building Standards Code Subsection 102.4
Section 15.12.001 California Green Building Standards Code, 20222025 Edition,
adopted by reference
There is hereby adopted by reference the California Green Building Standards Code, 2022
2025 Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by
Page 377 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
the California Building Standards Commission. Said document is hereby adopted as the green
Green building Building Standards code Code of the City of Chula Vista for enhancing the design
and construction of buildings, building additions and alterations through the use of building
concepts having a reduced negative impact or positive environmental impact and encouraging
sustainable construction practices, excepting such portions as are hereinafter deleted, modified, or
amended. Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative,
organizational and enforcement rules and regulations for this chapter.
Section 15.12.005 California Green Building Standards Code Subsection 102.4
Subsection 102.4 is added to section 102 of the California Green Building Standards Code,
as it applies in Chula Vista, and shall read as follows:
102.4 Consultant Services. The Building Official may require the applicant to retain the
services of a consultant having expertise in green building and/or energy efficiency techniques to
review and evaluate complex systems and/or alternate methods or materials of construction and
provide recommendations as to compliance with the requirements of this code. The cost of such
consultant shall be paid by the applicant.
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 will take effect and be in force thirty days after final passage but not before
January 1, 2026.
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 378 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 3
Presented by Approved as to form by
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 379 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.14 OF THE CHULA VISTA
MUNICIPAL CODE, ADOPTING THE CALIFORNIA
EXISTING BUILDING CODE, 2025 EDITION
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025,
through June 1, 2031: and
WHEREAS, the proposed ordinance adopts the 2025 California Existing Building
Code with no local amendments.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Added Chapter 15.14
That Chapter 15.14 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.14
EXISTING BUILDING CODE
Sections:
15.14.010 California Existing Building Code, 2022 2025 Edition, adopted by
reference.
15.14.010 California Existing Building Code, 2022 2025 Edition, adopted by
reference.
There is hereby adopted by reference the California Existing Building Code, 2022
2025 Edition, known as the California Code of Regulations, Title 24, Part 10, including
Appendix A, as adopted by state agencies, and excluding Chapter 1, Division II thereof, as
copyrighted by the International Code Council and the California Building Standards
Commission. Said document is hereby adopted as the existing Existing building Building
code Code of the City of Chula Vista, providing for and regulating the repair, alteration,
Page 380 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
change of occupancy, addition to and relocation of existing buildings within the City.
Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative,
organizational and enforcement rules and regulations for this chapter.
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 will take effect and be in force thirty days after final passage but not
before January 1, 2026.
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
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 381 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.16 OF THE CHULA VISTA
MUNICIPAL CODE, MECHANICAL CODE,
ADOPTING THE CALIFORNIA MECHANICAL CODE,
2025 EDITION
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025,
through June 1, 2031: and
WHEREAS, the proposed ordinance adopts the 2025 California Mechanical Code
with no local amendments.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.16
That chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.16
MECHANICAL CODE
Sections:
15.16.010 California Mechanical Code, 2022 2025 Edition, adopted by
reference.
15.16.010 California Mechanical Code 2022 2025 Edition adopted by
reference.
Page 382 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 2
There is hereby adopted by reference the California Mechanical Code, 2022 2025
Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix
B and C, as adopted by state agencies, and excluding Chapter 1, Division II thereof, as
copyrighted by the International Association of Plumbing and Mechanical Officials and
the California Building Standards Commission. Said document is hereby adopted as the
mechanical Mechanical code Code of the City of Chula Vista, providing for and regulating
the complete installation and maintenance of heating, ventilation, cooling and refrigeration
systems within the City. Chapter 15.06 of the Chula Vista Municipal Code shall serve as the
administrative, organizational and enforcement rules and regulations for this chapter.
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 will take effect and be in force thirty days after final passage but not
before January 1, 2026.
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 Approved as to form by
Page 383 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 3
____________________________ ____________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 384 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE,
ELECTRICAL CODE AND REGULATIONS, ADOPTING THE
CALIFORNIA ELECTRICAL CODE, 2025 EDITION AND
LOCAL AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions within the
State to begin enforcing the 2025 Edition of the California Building Standards Code on January 1,
2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the State
building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building codes and
must be based on findings that the amendments are necessary because of local climatic, geological,
or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying residential
building standards except under specific circumstances from October 1, 2025, through June 1,
2031;: and
WHEREAS, the proposed ordinance adopts the 2025 California Electrical Code and proposes
the re-adoption of existing local amendments to the current Electrical Code and Regulations
previously adopted by the City.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.24
That chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.24
ELECTRICAL CODE AND REGULATIONS
Sections:
15.24.010 California Electrical Code, 2022 2025 Edition, adopted by reference.
15.24.035 Previously used materials.
15.24.045 Distribution panels – Separate required when.
15.24.050 Circuit cards to be posted when.
15.24.055 Electric fences – Defined – Prohibited.
15.24.060 Phase arrangement – Amended.
Page 385 of 482
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November 4, 2025 Post City Council Agenda
(R 12/95)
862-2
15.24.065 Repealed.
15.24.070 Repealed.
15.24.010 California Electrical Code, 2022 2025 Edition, adopted by reference.
There is hereby adopted by reference the California Electrical Code, 2022 2025 Edition, known
as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire
Protection Association and the California Building Standards Commission. Said document is
hereby adopted as the electrical Electrical code Code of the City of Chula Vista, regulating the
installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of
any nature whatsoever, whether inside or outside of any building within the City, excepting such
portions as are hereinafter deleted, modified, or amended. Chapter 15.06 of the Chula Vista
Municipal Code shall serve as the administrative, organizational and enforcement rules and
regulations for this chapter.
15.24.035 Previously used materials.
Previously used materials shall not be reused in any work without approval by the Building
Official.
15.24.045 Distribution panels – Separate required when.
Each store in a store building, each flat in a flat building, and each building used as a dwelling
shall be so wired that each store, apartment, flat, or dwelling shall have separate lighting and power
distribution panels as applicable. Such panels shall not serve other portions of the building. Hotels,
motels, hotel apartments, and similar types of buildings may be wired from one or more
distribution panels.
15.24.050 Circuit cards to be posted when.
When requested by the Building Official, a complete schedule of circuits showing the number,
kind, and capacity of each outlet on each circuit shall be posted on each job prior to rough
inspection.
15.24.055 Electric fences – Defined – Prohibited.
A. As used herein, the term “electric fence” includes all fences which in any way use electrical
energy as an additional deterrent or have wires charged with electricity which are not covered with
adequate insulation to protect persons and animals coming in contact therewith.
B. No electric fence may be constructed, maintained or operated within the City.
15.24.060 Phase arrangement – Amended.
Section 408.3(E)(1) of the California Electrical Code is hereby amended to read:
AC Phase Arrangement. Alternating-current phase arrangement on 3-phase buses shall be
A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the
switchboard, switchgear, or panelboard. The C phase shall be that phase having the higher
voltage to ground on 3-phase, 4-wire, delta-connected systems. Other busbar arrangements
shall be permitted for additions to existing installations and shall be marked.
Page 386 of 482
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November 4, 2025 Post City Council Agenda
Ordinance No. __________
Page 3
Section II. Findings and Declaration
The City Council of the City of Chula Vista specifically and expressly finds and d eclares
that section 15.24.060 is necessary due to local climatic, geological, and topographical conditions.
Local utilities require having the higher voltage to ground be located on the “C” phase.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This ordinance will take effect and be in force thirty days after final passage but not before
January 1, 2026.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ____________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
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ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.26 OF THE CHULA VISTA
MUNICIPAL CODE, ENERGY CODE, ADOPTING THE
CALIFORNIA ENERGY CODE, 2025 EDITION AND
LOCAL AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards Code
on January 1, 2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the
State building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building
codes and must be based on findings that the amendments are necessary because of local
climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying
residential building standards except under specific circumstances from October 1, 2025,
through June 1, 2031; and
WHEREAS, the proposed ordinance adopts the 2025 California Energy Code and
proposes the re-adoption of Section 15.26.020, Outdoor lighting zones, and the relocation of
Section 15.26.050, Mandatory benchmarking and conservation requirements for multifamily
and commercial buildings, to a new Chapter, 15.62, Energy Benchmarking and
Conservation, with amendments substantially equivalent with those previously adopted
and aligned with the Environmental Element of the General Plan, adopted December 13,
2005.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.26
That chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 15.26
ENERGY CODE
Sections:
15.26.010 California Energy Code, 2022 2025 Edition, adopted by reference.
15.26.020 Outdoor lighting zones.
15.26.030 Repealed.
15.26.040 Repealed
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15.26.050 Mandatory benchmarking and conservation requirements for multifamily
and commercial buildings. Relocated to Section 15.62
15.26.010 California Energy Code, 2022 2025 Edition, adopted by reference.
The City of Chula Vista adopts, by reference, that certain document known as the
California Energy Code, 2022 2025 Edition, set forth in Title 24, Part 6, of the California
Code of Regulations, as copyrighted by, and as may be amended from time to time by, the
California Building Standards Commission. That California Energy Code is adopted as
the energy Energy code Code of the City of Chula Vista for the purpose of regulating
building design and construction standards to increase efficiency in the use of energy for
new residential and nonresidential buildings. Chapter 15.06 of the Chula Vista Municipal
Code shall serve as the administrative, organizational, and enforcement rules and
regulations for this chapter.
15.26.020 Outdoor lighting zones.
Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part 1, the
city has adopted an outdoor lighting zones map amending state default lighting zones as
applied to certain areas of the City. The location of outdoor lighting zones in the City are
per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file
with the City’s Development Services Department.
15.26.050 Mandatory benchmarking and conservation requirements for multifamily
and commercial buildings.Relocated to Section 15.62
A. Purpose and Intent. It is the purpose and intent of this section to promote
ongoing energy conservation in buildings in order to reduce GHG emissions resulting
from energy consumption.
B. Applicability. This section applies to Properties within the City of Chula Vista with
a Gross Floor Area of at least 20,000 square feet, and having either (1) no residential utility
accounts, or (2) five or more active utility accounts of one utility type, at least one of which
is residential. An overview of the applicability of select ordinance requirements appears in
Table 15.26.050(B) below.
Table 15.26.050(B). Applicability Overview
Section Nonresidential Properties Multifamily Properties
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Section Nonresidential Properties Multifamily Properties
Direct Disclosure and Public
Disclosure Requirements
CVMC 15.26.050(E)
Applies Applies
Conservation Requirements
CVMC 15.26.050(F)(1) through (4), (
7), (8)
Applies Applies
to Properties with Significa
nt Common Load
Minimum Improvement Requirements
CVMC 15.26.050(F)(5)
Applies Applies
to Properties with Significa
nt Common Load
Multifamily Prescriptive Upgrades
CVMC 15.26.050(F)(6)
Not Applicable Applies
to buildings constructed
before 2006 for
rental tenant spaces where
utility costs are borne
by tenant
Compliance Schedule, Records
Maintenance, and Failure to Comply
CVMC 15.26.050(G), (H) and (I)
Applies Applies
Exemptions. Properties owned by any of the following are exempt from this section:
1. The county of San Diego;
2. The state of California;
3. The United States of America;
4. The Metropolitan Transit Service; or
5. The Chula Vista or Sweetwater School Districts.
C. Definitions. For purposes of this section, the following terms shall have the following
meanings:
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“Audit Template” means the U.S. Department of Energy’s (DOE) online application for
entering, validating and submitting data generated by an American Society of Heating,
Refrigerating and Air-Conditioning Engineers (“ASHRAE”) 211 audit and Retro-
Commissioning, located at https://buildingenergyscore.energy.gov/.
“Base Building Systems” means the systems and subsystems of a building that use or
distribute Energy or water or impact the Energy or water consumption, including
the building envelope; the heating, ventilating and air conditioning (HVAC) systems; air
conveying systems; electrical and lighting systems; domestic hot water systems; water
distribution systems; plumbing fixtures and other water-using equipment; and landscape
irrigation systems and water features. Base Building Systems shall not include:
a. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance
responsibility, that are within the tenant’s leased space and exclusively serve such leased
space, and for which the tenant pays all the Energy and water bills according to usage and
demand as measured by a meter or sub-meter;
b. Systems or subsystems owned by a residential unit Owner that exclusively serve the
residential unit of that Owner;
c. Systems or subsystems that operate industrial applications such as manufacturing.
“Baseline Year” means a Covered Property’s first year submitting a Benchmarking
Report pursuant to this section or CA Assembly Bill 802 if applicable, or, the most
recent year a Covered Property was subject to the Conservation Requirements, whichever
is later.
“Benchmark” means to complete and electronically submit the Chula Vista Benchmarking
Report via ENERGY STAR Portfolio Manager.
“Benchmarking Report” means the report generated by ENERGY STAR Portfolio
Manager when a completed Chula Vista Benchmarking Report is submitted to the City,
including both the information required to be input into ENERGY STAR Portfolio
Manager and the information generated by ENERGY STAR Portfolio Manager.
“Conservation Section” means the City of Chula Vista’s Office of
Sustainability Conservation Section.
“Covered Property” means a Property that meets the applicability requirements of this
section.
“Energy” means electricity, natural gas, steam, heating oil, or other products sold by a
utility to a customer of a building, or renewable on-site electricity generation, for purposes
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of providing heat, cooling, lighting, water heating, or for powering or fueling other end -
uses in the building and related facilities.
“Energy Audit” means systematic evaluation to identify potential modifications and
improvements to a building’s equipment and systems which utilize energy in order to
optimize a building’s overall energy performance.
“ENERGY STAR Certified” means a building which has earned an ENERGY STAR®
Score of 75 or higher, indicating that it performs better than at least 75 percent of
similar buildings nationwide and completed an ENERGY STAR Certification application
and received EPA approval.
“ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s
(EPA) online application for measuring, tracking, and managing a building’s Energy,
water and greenhouse gas emission data and benchmarking its performance, located
at https://www.energystar.gov/.
“ENERGY STAR Score” means a number ranging from one to 100 assigned by the
EPA’s ENERGY STAR Portfolio Manager as a measurement of
a building’s Energy efficiency, normalized for a building’s characteristics, operations, and
weather, according to methods established by US EPA’s ENERGY STAR® Portfolio
Manager.
“EUI” or “Energy Use Intensity” means the Energy consumed per square foot of
a building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing
the total Energy consumed by the building in one year (measured in kBtu or GJ) by the
total Gross Floor Area of the building.
“EUI-WN” or “Weather-normalized Energy Use Intensity” means the weather-
normalized Energy consumed per square foot of a building per year, as calculated
by ENERGY STAR Portfolio Manager by dividing the total weather
normalized Energy consumed by the building in one year (measured in kBtu or GJ) by the
total Gross Floor Area of the building.
“Financial Distress” means a Property that:
a. Had arrears of property taxes or water or wastewater charges that resulted in
the Property’s inclusion, within the prior two years, on the City’s annual tax lien sale list;
or
b. Has a court appointed receiver in control of the asset due to financial distress; or
c. Is owned by a financial institution through default by the borrower; or
d. Has been acquired by a deed in lieu of foreclosure; or
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e. Has a senior mortgage subject to a notice of default.
“Gross Floor Area” or “GFA” means the total number of square feet measured between
the principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed
space within areas inside the outside surfaces of the exterior walls of the building(s)
including lobbies, tenant areas (occupied and unoccupied), common areas, meeting rooms,
offices, break rooms, atriums (count the base level only), restrooms, elevator shafts,
stairwells, mechanical equipment areas, basements, storage rooms, mechanical space such
as boiler rooms, elevator shaft, hallways, stairwells, and connecting corridors
between buildings. This does not include exterior spaces, balconies, patios, exterior
loading docks, driveways, covered walkways, outdoor play courts (tennis, basketball, etc.),
parking, open-air stairwells, breezeways, interstitial plenum space between floors (which
house pipes and ventilation), or crawl spaces.
“High Performance Building” means a Property that submitted a Benchmarking Report for
its most recent benchmarking compliance deadline and either (1) achieved a Verified
ENERGY STAR Score of 80 or greater or (2) achieved ENERGY STAR Certification, or
(3) achieved LEED Existing Building Certification for three of five preceding years.
“Industrial Occupancy” means any building or portion thereof classified
under occupancy groups F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and
H-5 (“High Hazard”) under California Code of Regulations Title 24 Section 302 (2016) as
amended.
“Master Metering” or “Master Metered” means measuring a building’s electricity or gas
consumption for the purposes of utility billing from multiple tenant units together, rather
than using individual meters or sub-meters for each dwelling unit.
“Mechanical Equipment” means centralized building systems or devices, that are fixed in
a location for uses associated with structures, and relating to water use, drainage, heating,
ventilating, air conditioning, and similar purposes.
“Multifamily Property” means a residential Property that contains five or more
Multifamily Dwelling Units.
“Nonresidential Property” means a Property or part thereof used for purposes other than
human habitation.
“Owner” means an individual, individuals, or entity possessing title to a Property, the board
of directors, or managing partners in the case of a cooperative apartment corporation,
association, or partnership, or a master tenant in a triple net lease arrangement, or the
authorized representative thereof.
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“Previous Baseline Year” means a Covered Property’s first year submitting
a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicable, or
the second to last year in which the Covered Property was subject to the Conservation
Requirements, whichever is later.
“Property” means any of the following:
a. A single building;
b. A campus of two or more buildings which are owned and operated by the same party,
have a single shared primary function, and consisting of:
i. Buildings that are behind a common utility meter or served by a common
mechanical/electrical system (such as a chilled water loop) which would prevent
the Owner from being able to easily determine the Energy use attributable to each of the
individual buildings; and/or
ii. Buildings or parts of buildings that have an individual Gross Floor Area of less than
20,000 square feet.
“Retro-Commissioning” means a systematic process for optimizing existing systems
relating to building performance through the identification and correction of deficiencies
in such systems.
“Significant Common Load” means a multifamily residential with Master
Metering, Mechanical Equipment or where the total nonrentable portion of the Gross Floor
Area is 10,000 square feet or more.
“Site Energy Use” means the total amount of all the energy a property consumes on-site,
regardless of the source, as calculated by ENERGY STAR® Portfolio Manager®. It
includes energy purchased from the grid or in bulk (which are the amounts on utility bills),
as well as renewable energy generated and consumed on site such as from solar and wind
(excess renewable energy generated on site and sold to the utility is excluded from site
energy use).
“Site EUI (Energy Use Intensity)” means the Site Energy Use divided by
the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®.
“Source Energy Use” means the total amount of raw fuel that is required to operate
a property, as calculated by ENERGY STAR® Portfolio Manager®. In addition to what
the property consumes on-site, Source Energy Use includes losses that take place during
generation, transmission, and distribution of the energy.
“Source EUI (Energy Use Intensity)” means the Source Energy Use divided by
the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®.
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“Verified ENERGY STAR Score” means an ENERGY STAR Score based on data that has
been verified by a Professional Engineer (PE) or Registered Architect (RA).
D. Benchmarking Requirements. Owner shall Benchmark in accordance with the
following on or before the compliance deadlines specified in subsection (G) of this section:
1. Establish an ENERGY STAR Portfolio Manager account (if Owner has not already
done so), add Covered Properties completing all required fields (if Owner has not already
done so), and maintain current all required fields.
2. Annually collect data, according to the schedule set forth in subsection (F)(1) of this
section related to the property’s total energy usage for the entire prior calendar year in
accordance to the latest guidance under Building Energy Use Data Access, Benchmarking,
and Public Disclosure Regulations, California Code of Regulations, Title 20, Division 2,
Chapter 4, Article 9, Section 1680, and following, including, but not limited to, those
related to obtaining customer consent.
3. Annually submit an energy benchmarking to the Conservation Section report according
to the schedule set forth in subsection (F)(1) of this section. The energy benchmarking
report shall be generated using ENERGY STAR Portfolio by responding to
the Conservation Section’s designated Data Request for the appropriate compliance year.
4. Benchmarking Reports shall at minimum include the following:
a. Descriptive Information. Basic descriptive information to track and report a property’s
compliance with this chapter, including, but not limited to, the property address(es), Gross
Floor Area, property type, year(s) built, and the individual or entity responsible for
the Benchmarking Report; and
b. Energy Information. Information necessary to Benchmark Energy usage shall be
determined by the Conservation Section and shall include, at a minimum, the following
information and derivatives thereof:
i. The ENERGY STAR Portfolio Manager ENERGY STAR Score for the property,
and ENERGY STAR certification status, where available; and
ii. The weather-normalized Site and Source Energy Use (kBTU) and Energy Intensity
(EUI) per unit area per year (kBTU per square foot per year) for the property; and
iii. The Site and Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area
per year (kBTU per square foot per year) for the property; and
iv. The annual carbon dioxide equivalent emissions due to Energy use for the Property as
estimated by ENERGY STAR Portfolio Manager; and
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v. Monthly and annual Site energy use by energy type and share of energy use supplied by
on- and off-site renewables.
5. Starting in 2023, Owners may be assessed an annual Benchmarking Filing Fee to
recover the costs of implementation, enforcement, administration and infrastructure for this
section. The City Manager may adjust the Benchmarking Filing Fee annually.
6. Owners shall run the Data Quality Checker available within ENERGY STAR Portfolio
Manager and shall correct all missing or incorrect information as identified by ENERGY
STAR Portfolio Manager prior to submitting the Benchmarking Report to the City.
7. Exemptions from Benchmarking Requirements.
a. The Owner may receive an exemption from filing a Benchmarking Report and
remitting the Benchmarking Filing Fee for a reporting year, subject to Conservation
Section approval, by submitting evidence in accordance with guidelines set forth by
the Conservation Section that any of the following conditions apply:
i. The entire Property did not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for at least half of the year required to be Benchmarked; or
ii. The entire Property was not occupied, due to renovation, for at least half of the year to
be Benchmarked; or
iii. A demolition permit for the entire Property has been issued and demolition work has
commenced; or
iv. The Property did not receive Energy or water services for at least half of
calendar year required to be Benchmarked; or
v. The Property is in Financial Distress; or
vi. Disclosure of the Property Energy usage data would result in the release of proprietary
information that can be characterized as a trade secret or would otherwise violate a
customer’s right to privacy under the California Constitution or other applicable law.
E. Direct Disclosure and Public Disclosure Requirements. Properties shall comply with
subsections (E)(1), (2), and (3) of this section.
1. Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard
copy to their most recent Benchmarking Report to:
a. Existing tenants and current owners with an interest of five percent or more, within
90 days of annual Benchmarking compliance deadline.
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b. Prospective buyers prior to close of sale and prospective tenants prior to lease signing
or lease renewal.
2. Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall
provide Energy Audit and Retro-Commissioning Reports produced for compliance with
subsection (F)(4) of this section, if applicable, to all existing residential and
nonresidential tenants within 90 days of the Conservation compliance
deadline. Owners shall confer with any nonresidential tenants that pay utility costs,
identifying energy efficiency investment opportunities and assessing the potential for
mutually beneficial co-investment arrangements in accordance with procedures established
by Conservation Section within 180 days of the Conservation compliance deadline.
3. Public Disclosure. The City will make data public.
a. The Conservation Section shall make the following information available to the public
on the internet, as reported by Owners, and update the information at least annually:
i. Summary statistics on overall compliance with this section; and
ii. Summary statistics on overall energy consumption of Covered Properties subject to this
section derived from annual benchmarking reports; and
iii. For each building subject to this section:
iv. Address and property use type(s); and
v. Annual summary statistics derived from the submitted benchmarking report, including
all information required under subsection (D)(4) of this section.
b. Exemption. Properties with more than half of Gross Floor Area used for
Industrial Occupancy are exempt from the Public Disclosure requirements
(subsection (E)(3) of this section).
F. Conservation Requirements. Conservation Requirements apply according to the
compliance deadlines specified in subsection (G) of this section. Properties meeting the
requirements for a High Performing Building (subsection (C) of this section) are exempt
from all requirements in this subsection (F).
1. Multifamily properties are subject to the Multifamily Prescriptive Measure
requirements (subsection (F)(6) of this section) by their first five-year Conservation
Requirement deadline. In addition, multifamily properties with Significant Common
Load must meet either the Performance Targets (subsection (F)(3) of this section), or the
Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement
requirement (subsection (F)(5) of this section).
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2. Nonresidential must meet either the Performance Targets (subsection (F)(3) of this
section), or the Audit Requirement (subsection (F)(4) of this section) and Minimum
Improvement requirement (subsection (F)(5) of this section).
3. Performance Targets. Every five years demonstrate that:
a. Property has decreased its Site EUI-WN by at least the Improvement Target in Table
15.26.050(F)(3)(a) below from Baseline Year;
Table 15.26.050(F)(3)(a).
Baseline Year ENERGY STAR Score Improvement Target
–
–
–
b. Or if Property was not eligible for an ENERGY STAR Score in the baseline
year, Property has reduced its weather-normalized Site EUI by at least the Improvement
Target in Table 15.26.050(F)(3)(b) below from Baseline Year.
Table 15.26.050(F)(3)(b).
Baseline Year Site EUI-WN (kBTU/sf/year) Improvement Target
–
–
–
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c. Tables 15.26.050(F)(3)(a) and 15.26.050(F)(3)(b) shall be updated periodically by
the Conservation Section subject to City Council approval.
4. Audit Requirement. Every five years an Energy Audit and Retro-Commissioning shall
be performed in accordance with the following specifications:
a. Energy Audit and Retro-Commissioning Specifications.
i. Audit Type. A Level 1, or greater, Energy Audit in conformance with the current
ASHRAE Standard 211 “Commercial Building Energy Audits” at the time the Audit is
initiated. Before Owners choose an ASHRAE Level 1 Energy Audit they must also obtain
a quote for a more extensive audit and discuss the additional value with the audit
provider. Owners shall document fulfillment of this requirement as specified by
the Conservation Section.
ii. Retro-Commissioning. Retro-Commissioning requirements shall be performed in
accordance with industry standard practices, including current ASHRAE Guideline 0.2
“Commissioning Process for Existing Systems and Assemblies” at the time the Retro-
Commissioning is initiated.
(A) Applicability. Retro-Commissioning requirements shall apply to properties that meet
all of the following:
(1) At least 50,000 square feet of conditioned space;
(2) Existing Mechanical Equipment;
(3) Digital controls in place that are reparable or in good working order in the opinion of
the auditor.
(B) Exemption. Properties that have experienced major changes in operations during prior
six months or have planned to make major changes in the following year.
(C) The Retro-Commissioning of the Base Building Systems shall include, at minimum,
the following:
(1) Heating, ventilation, air conditioning (HVAC) systems and controls; and
(2) Indoor lighting systems and controls; and
(3) Water heating systems; and
(4) Renewable energy systems.
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iii. Audit Professional Qualifications. Audits shall be signed and performed directly by or
under the direct supervision of, an individual whose job duties do not regularly occur at
the Property and who has two or more years of auditing experience and possesses one or
more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying
certifications as specified by the Conservation Section.
iv. Retro-Commissioning Professional Qualifications. Retro-Commissioning shall be
performed directly by or under the direct supervision of, an individual whose job duties do
not regularly occur at the Property and who has two or more years of auditing experience
and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or
other qualifying certifications as specified by the Conservation Section.
v. Qualifying Professional Certifications.
15.26.050(F)(4)(a)(v) Qualifying Professional Certifications
Energy Audit or Retro-
Commissioning Professional
(any listed)
1. An accredited certification that has been designated a
“Better Buildings Recognized Program” by the DOE
meeting the criteria set forth in the
Better Buildings Workforce Guidelines (BBWG)
for Building Energy Auditors or Energy Managers
2. A Professional Engineer (PE) registered in the State of
California
Energy Audit Professional
(any listed)
1. Certified Energy Auditor (CEA) or
Certified Energy Manager (CEM), issued by the
Association of Energy Engineers (AEE)
2. Certified Facilities Manager (CFM), issued by the
International Facility Management Association (IFMA)
3. System Maintenance Administrator (SMA) or System
Maintenance Technician (SMT), issued
by Building Owners and Managers Institute (BOMI)
International
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Professional Type Qualifying Certification
4. High Performance Building Design Professional
(HBPD) or Building Energy Assessment Professional
(BEAP), issued by the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers
(ASHRAE)
5. For Audits of multifamily residential properties only, a
Multifamily Building Analyst (MFBA), issued by
the Building Performance Institute (BPI)
Retro-
Commissioning Professional
(any listed)
1. Certified Commissioning Professional (CCP), issued by
the Building Commissioning Association (BCA)
2. Certified Commissioning Authority (CxA) or Certified
Commissioning Technician (CxT), issued by the AABC
Commissioning Group (ACG)
3. Certified Building Commissioning Professional
(CBCP) or Existing Building Commissioning Professional
(EBCP), issued by the Association of Energy Engineers
(AEE)
4. Certified Professional certified by the National
Environmental Balancing Bureau (NEBB)
5. Commissioning Process Management Professional
(CPMP), issued by American Society of Heating,
Refrigerating, and Air-Conditioning Engineers
(ASHRAE)
6. Accredited Commissioning Process Authority
Professional (ACPAP) approved by the University of
Wisconsin
vi. Energy Audit and Retro-Commissioning Report. A report (or reports) of the Energy
Audit and Retro-Commissioning (where applicable), completed and signed by a qualified
Audit Professional and qualified Retro-Commissioning Professional, shall be submitted
electronically to the Conservation Section via the Conservation Section’s designated Audit
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Report Template, or via other means as specified by the Conservation Section. Completed
Reports shall include all items designated as required, including but not limited to the
following:
(A) The date(s) that the Energy Audit and Retro-Commissioning (if applicable) were
performed; and
(B) Identifying information on the auditor provider (and Retro-Commissioning provider
if applicable); and
(C) Information on the base building systems and equipment; and
(D) A list of retrofit measures available to the Owner that can reduce energy use, and/or
cost of operating the Property including:
(1) Costs of each measure; and
(2) An estimate of the energy and operating cost savings associated with each measure;
and
(3) Simple payback of each measure; and
(4) Identification of at least two contractors able to perform measure.
(E) Identification or recommendation of measures applicable to tenant-controlled spaces,
including estimates for energy and operating savings for all affected tenants; and
(F) Identification or recommendation of measures needed to meet applicable Performance
Targets; and
(G) Identification or recommendation of measures needed to meet Minimum
Improvement, if applicable; and
(H) Identification of all rebate, incentive and financing programs available
to property and/or in association with specific measures; and
(I) If applicable, a list of all the Retro-Commissioning process activities undertaken
and Retro-Commissioning measures completed; and
(J) A list of all retrofit measures taken (if applicable); and
(K) Functional performance testing reports (if applicable); and
(L) Operational training conducted (if applicable); and
(M) Attestation that an ASHRAE level 2 Energy Audit and (if applicable) ASHRAE
0.2 Retro-Commissioning process were conducted.
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5. Minimum Improvement. Every 10 years properties must demonstrate that:
a. Property has decreased its Site EIU-WN by at least the Mandatory Minimum
Improvement in Table 15.26.050(F)(5)(a) below from the Previous Baseline Year;
Table 15.26.050(F)(5)(a).
Baseline Year ENERGY STAR
Score
Mandatory Minimum
Improvement
–
–
–
b. Or, if Property was not eligible for an ENERGY STAR Score in the Previous Baseline
Year, Property has decreased its Site EIU-WN by at least the Mandatory Minimum
Improvement in Table 15.26.050(F)(5)(b) below from the Previous Baseline Year.
Table 15.26.050(F)(5)(b).
Baseline Year Site EUI-
WN (kBTU/sf/year)
Mandatory Minimum
Improvement
–
–
–
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c. Tables 15.26.050(F)(5)(a) and 15.26.050(F)(5)(b) shall be updated periodically by
the Conservation Section subject to City Council approval.
d. Exemption. Owners are not required to complete retrofit measures identified or
recommended in the most recent audit report for meeting the Minimum Improvement (per
subsection (F)(4)(a)(vi)(G) of this section) if those measures have a simple payback greater
than 13 years, or have a payback period that exceeds the expected useful life of the retrofit
measure. If all measures identified per subsection (F)(4)(a)(vi)(G) of this section having a
simple payback of 13 years or less, and having an expected useful life that is longer than
the payback period, are completed, the Mandatory Minimum Improvement percentage in
Table 15.26.050(F)(5)(a) or Table 15.26.050(F)(5)(b), as applicable, is waived.
6. Multifamily Prescriptive Measures. Multifamily Residential Properties constructed
prior to 2006 must perform the minimum number of measures required in Table
15.25.050(F)(6)(a) within all tenant spaces where utility costs are borne
by tenants. Owners may choose any applicable measures from Table 15.25.050(F)(6)(b).
Measures already in place shall count toward satisfying the minimum number of measures.
Where a measure is not applicable it shall count toward satisfying the minimum number of
measures.
Table 15.26.050(F)(6)(a).
Year Built Climate Zone 7 Climate Zone 10
–
–
15.26.050(F)(6)(b)
R-38 Attic
Insulation
Add attic insulation in buildings with vented attic spaces to meet R-38.
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Measure
Name Description
Air Sealing Apply air sealing practices throughout all accessible areas of the unit. All joints,
penetrations and other openings in the building envelope that are potential
sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise
sealed to limit infiltration and exfiltration. Buildings constructed before 1992
should be sealed to 7 Air Changes per Hour (ACH), and buildings constructed
from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference.
Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof
Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and
thermal emittance of 0.75 or higher.
Duct Sealing Air seal any accessible ductwork to meet the requirements of the 2016
Title 24 Section 150.2(b)1E. Units with one or more vented combustion
appliances are STRONGLY RECOMMENDED to have a BPI Combustion
Appliance Safety Inspection performed after duct sealing.
LED Lighting Replace low performing screw based lighting with high performing lighting per
the requirements of Title 24 Section 150.0(k)1.A,D,G,H and I.
Water Heating
Package (if
water heater
serves
individual
unit)
Water Heater Blanket: Add R-6 insulation to the exterior of existing residential
tank storage water heaters manufactured before April 2015. Requirement is
waived for water heaters with internal tank insulation of at least R-16.
Hot Water Pipe Insulation: Insulate all accessible hot water pipes with R-3 pipe
insulation.
Low Flow Fittings: Upgrade sink and shower fittings to meet 2016 CALGreen
requirements, which require maximum flow rates of 1.8 gallons per minute
(gpm) for showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets.
Windows Replace existing single pane windows with a dual pane product, which has a
U-factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC)
equal to 0.25 or lower. This measure was only evaluated for the pre-1978
vintage, which is assumed to have single-pane, metal-frame windows.
Page 405 of 482
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Measure
Name Description
Water Heater
Replacement
(if water heater
serves
individual
unit)
High Efficiency Heat Pump Water Heater: Replace natural gas storage water
heater, or, tankless water heater having an Energy Factor of .81 or less, with
Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1
(Northwest Energy Efficiency Alliance Tier 3).
-or-
High Efficiency Tankless Water Heater: Replace natural gas storage water
heater, or, tankless water heater having a Energy Factor of .81 or less, with
tankless water heater with a minimum Energy Factor of 0.96.
Air
Conditioner
Replacement
High Efficiency Air Conditioner: Replace an existing air conditioner having a
SEER rating of 13 or less with an air conditioner of at least 18 SEER.
-or-
High Efficiency Heat Pump: Replace an existing air conditioner having a SEER
rating of 13 or less with a Heat Pump of at least 18 SEER.
7. Amortization of Pass-Through Costs. Where lease terms allow owners to pass on the
costs of complying with this section to lessees, should Owner choose to do so, those costs
may not be passed through in bulk. Instead they shall be amortized as follows:
a. Audit Requirement costs shall be amortized over five years.
b. Costs of measure implementation shall be amortized over the expected useful life of the
measure.
8. Exemptions. The following exemptions apply to the Conservation Requirement:
a. The Property has been occupied less than five years;
b. The Property is in Financial Distress;
c. A demolition permit for the entire Property has been issued and demolition work has
commenced;
d. The Property has not previously been subject to the Benchmarking Requirement.
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G. Compliance Schedule. Compliance deadlines for the requirements of this section are
detailed in Table 15.26.050(G) below. The Conservation Section may grant an extension
of time of up to 60 days to file any submittal required by this section upon request
in writing. The Conservation Section may grant an additional extension up to
180 days upon an application demonstrating evidence of substantial hardship.
Table 15.26.050(G). Compliance Deadlines
Section
Compliance Deadlines
50,000+ square feet GFA 20,000 – 49,999 square
feet GFA
Page 407 of 482
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Section
Compliance Deadlines
50,000+ square feet GFA 20,000 – 49,999 square
feet GFA
Multifamily Prescriptive Upgrades
CVMC 15.26.050(F)(6)
2023 or later
according to a
schedule to be
determined by
the Conservation
Section
2023 or later
according to a
schedule to be
determined by
the Conservation
Section
H. Record Maintenance. The Owner shall maintain records related to Benchmarking,
Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but
not limited to, the Energy and water bills and reports or forms received from tenants and/or
utilities. Such records shall be preserved for a period of five years. When the Property is
sold, copies of the records shall be given to the new Owner. Ownership of the property in
Portfolio Manager must also be transferred to the new owner.
I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this section and any such person shall be subject
to the following remedies and enforcement measures:
1. A Notice of Failure to Comply shall be issued to the Owner specifying the provisions
violated and including an order to correct outlining steps necessary to bring Property back
under compliance; and
2. On the sixtieth day following issuance of a Notice of Failure to Comply, the following
may be issued:
a. Monetary Fines. Monetary fines may be levied up to the amounts shown in Table
15.26.050(I)(2)(a) on a per incident basis depending on Property GFA.
Table 15.26.050(I)(2)(a). Maximum Fine Amounts
Property Size (square feet) Amount per Incident
–
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November 4, 2025 Post City Council Agenda
Property Size (square feet) Amount per Incident
50,000 – 99,999 GFA Up to $1,500
100,000+ GFA Up to $2,250
b. Public disclosure of noncompliance.
3. Monetary penalties for noncompliance shall be waived until January 1, 2023.
J. Implementation Authority. The City Manager may adopt rules and regulations for the
implementation of this section including, without limitation, supplementing the list of
qualified measures set forth in Table 15.26.050(F)(6)(b) as new energy efficient
technologies or materials are developed.
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 will take effect and be in force thirty days after final passage but not
before January 1, 2026.
Section V. Publication
Page 409 of 482
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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
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 410 of 482
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November 4, 2025 Post City Council Agenda
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE,
PLUMBING CODE, ADOPTING THE CALIFORNIA
PLUMBING CODE, 2025 EDITION AND LOCAL
AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions within the
State to begin enforcing the 2025 Edition of the California Building Standards Code on January 1,
2026; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the State
building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building codes and
must be based on findings that the amendments are necessary because of local climatic, geological,
or topographical conditions; and
WHEREAS, Assembly Bill 130 prohibits local jurisdictions from modifying residential
building standards except under specific circumstances from October 1, 2025, through June 1,
2031; and
WHEREAS, the proposed ordinance adopts the 2025 California Plumbing Code and proposes
the re-adoption of section 15.28.020, Residential Graywater Stub-out.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.28
That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.28
PLUMBING CODE
Sections:
15.28.010 California Plumbing Code, 20222025 Edition, adopted by reference.
15.28.015 Repealed.
15.28.020 Residential graywater Stub-out.
15.28.010 California Plumbing Code, 20222025 Edition, adopted by reference.
There is hereby adopted by reference the California Plumbing Code, 20222025 Edition, known
as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, I, and J,
Page 411 of 482
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Ordinance No. __________
Page 2
and R as adopted by state agencies, and excluding Chapter 1, Division II of that document as
copyrighted by the International Association of Plumbing and Mechanical Officials and the
California Building Standards Commission. Said document is hereby adopted as the plumbing
codePlumbing Code of the City of Chula Vista for regulating the complete installation,
maintenance, and repair of plumbing, drainage systems, water systems, gas systems, and private
sewage disposal systems on all properties and within all buildings and structures in the City.
Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative, organizational,
and enforcement rules and regulations for this chapter.
15.28.020 Residential graywater stub-out.
All new detached single-family dwellings and duplexes, excluding Accessory Dwelling Units,
shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the
later installation of a clothes washer graywater irrigation system that complies with the
requirements of Section 1503.1.1 of the 20222025 California Plumbing Code. The outlet and stub-
out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre-Plumbing
and Stub-Out for New Residential Construction or an equivalent alternate method and/or material
approved by the Building Official.
The provisions of this section may be modified or waived when it can be satisfactorily
demonstrated to the Building Official that compliance with these regulations is impractical due to
construction or physical constraints, or due to site and/or soil conditions.
Section II. Findings and Declaration
The City Council specifically and expressly finds and declares that section 15.28.020 is necessary
due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change,
it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result
of population and economic growth, demand for water is expected to increase. These impacts could
limit imported water availability, lead to higher demand for local water sources and increase utility
costs. Requiring single-source graywater stub-out in new residential development facilitates the
use of graywater for irrigation which in turn helps address these water-related climate change
impacts.
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 412 of 482
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Ordinance No. __________
Page 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 will take effect and be in force thirty days after final passage but not before
January 1, 2026.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
Presented by Approved as to form by
______________________________ _______________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
Page 413 of 482
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November 4, 2025 Post City Council Agenda
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING CHAPTER 15.36 OF THE CHULA VISTA
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36,
FIRE CODE, OF THE CHULA VISTA MUNICIPAL CODE
INCORPORATING THE 2025 CALIFORNIA FIRE CODE AND
LOCAL AMENDMENTS THERETO.
WHEREAS, the State of California has adopted and published California Code of
Regulations Title 24, Part 9, as the California Fire Code, effective January 1, 2026; and
WHEREAS, on January 1, 2026, all existing fire code adoptions and amendments of local
agencies automatically revert to the new State code unless new local adoptions and local
amendments are made; and
WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of the
City of Chula Vista adopt ordinances or regulations imposing the same requirements as are
contained in the regulations adopted by the State pursuant to Health and Safety Code Section
17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the 2025 California Fire Code, and together
with the Chula Vista Fire Department local amendments, these shall be the Fire Code of the City
of Chula Vista; and
WHEREAS, modifications or changes (local amendments) adopted by the City Council of
the City of Chula Vista shall govern where they differ from the baseline provisions of the 2025
California Fire Code; and
WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the City
of Chula Vista to make modifications or changes (local amendments) in the requirements
contained in the provisions published in the California Building Standards Codes, as it determines,
are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of the
City of Chula Vista before making any modifications or changes (local amendments) shall make
express finding that such local amendments are reasonably necessary because of local climatic,
geological, or topographical conditions; and
WHEREAS, California Assembly Bill 130, amending Health and Safety Code Sections
17958, 17958.5, 17958.7. and 18941.5, prohibit modifications or changes (local amendments) that
impose more restrictive standards on residential occupancies except where such local amendments
are substantially equivalent to changes or modifications that were previously filed by the governing
authority and were in effect as of September 30, 2025; and
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Ordinance No. _____
Page 2
WHEREAS, the City Council of the City of Chula Vista expressly finds that modifications
or changes (local amendments) contained in this Ordinance are in accordance with California
Assembly Bill 130, which amended Health and Safety Code Section 17958 [17958(b)(1)], in that
said local amendments are substantially equivalent to local amendments that were previously filed
by the City, under Ordinance No. 3538 (2022), were in effect as of September 30, 2025; and
WHEREAS, the City Council of the City of Chula Vista further finds that the city is subject
to unique local climatic, geological, and topographical conditions that individually and/or
collectively create elevated fire and life-safety risks, including: a semi-arid climate characterized
by very low rainfall with extended periods of drought, high summer and fall temperatures, and
seasonal Santa Ana winds that intensify wild fire behavior; the proximity of major fault zones that
increase the potential for seismic activity and related emergencies; and varied topography,
including steep canyons, hillsides, and an extensive wildland-urban interface area, which
complicate emergency access, evacuation, and fire suppression; and
WHEREAS, the City Council of the City of Chula Vista makes express findings that the
modifications or changes (local amendments) to the 2025 California Fire Code are reasonably
necessary for the protection of the public health, safety, and welfare due to local climatic,
geological, and topographical conditions present in the city of Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista further finds that Section III
(Express Findings and Declarations) memorializes specific local climatic, geological, and
topographical conditions, which are hereby declared to be part of this Ordinance; and
WHEREAS, the City Council of the City of Chula Vista further finds that Table 1
(Expressly Marked and Identified Findings Related to Local Amendments), under Section III
(Express Findings and Declarations) of this Ordinance, identifies the applicable Chula Vista
Municipal Code and Fire Code sections, together with the associated findings that justify
modifications or changes (local amendments) due to local climatic, geological, and topographical
conditions; and
WHEREAS, the City Council of the City of Chula Vista further finds that Exhibit 1 (2025
California Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal
Code 15.36) expressly marks all local amendments, as required by the California Building
Standards Commission; and
WHEREAS, Government Code Section 50022.1 through 50022.10 provide authority for
the adoption by reference of codes, or portion of such codes.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Repeal Chapter 15.36
That existing Chapter 15.36 of the Chula Vista Municipal Code is repealed in its entirety
and shall be of no further force and effect.
Page 415 of 482
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Ordinance No. _____
Page 3
Section II. New Chapter 15.36
That new Chapter 15.36 of the Chula Vista Municipal Code is adopted to read as follows:
Chapter 15.36
FIRE CODE
Sections:
15.36.005 Adoption
15.36.010 California Fire Code Chapter 1 - Scope and Administration - Adopted
and Amended
15.36.015 California Fire Code Chapter 2 - Definitions - Adopted and Amended
15.36.020 California Fire Code Chapter 3 - General Requirements - Adopted
15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness -
Adopted
15.36.030 California Fire Code Chapter 5 - Fire Service Features - Adopted and
Amended
15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted
15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features -
Adopted
15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and
Furnishings - Adopted
15.36.050 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems -
Adopted and Amended
15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted
15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing
Buildings - Adopted
15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted
15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted
15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted
15.36.080 California Fire Code Chapter 22 - Combustible Dust - Producing
Operations - Adopted
15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and
Repair Garages - Adopted
15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted
15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted
15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging -
Not adopted
15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities -
Adopted
15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial,
Solid Biomass and Woodworking Facilities - Adopted
15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings -
Adopted
15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted
15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and
Other Membrane Structures - Adopted
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Ordinance No. _____
Page 4
15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage -
Adopted
15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and
Demolition - Adopted
15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage -
Adopted
15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work -
Adopted
15.36.150 California Fire Code Chapter 36 - Marinas - Adopted
15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted
15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted
15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted
15.36.170 California Fire Code Chapter 41 – Temporary Heating and Cooking Operations -
Adopted
15.36.175 California Fire Code Chapter 48 - Motion Picture and Television Production
Studio Sound Stages, Approved Production Facilities and Production Locations -
Adopted
15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General
Provisions - Adopted
15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted
15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted
15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted
15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted
15.36.205 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted
and Amended
15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids -
Adopted
15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable
Cryogenic Fluids - Adopted
15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted
15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials -
Adopted
15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted
15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted
15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and
Oxidizing Cryogenic Fluids - Adopted
15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted
15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics -
Adopted
15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials -
Adopted
15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids -
Adopted
15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted
15.36.270 California Fire Code - Appendices - Adopted in part and Amended
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Ordinance No. _____
Page 5
15.36.005 Adoption.
The City of Chula Vista hereby adopts by reference the 2025 Edition of the California Fire Code,
including Appendix Chapters 4, B, BB, C, CC, H and P, and the California Standards, with the
local amendments contained in the following sections of Chapter 15.36. As adopted and
amended herein, the 2025 California Fire Code (hereinafter “California Fire Code”) becomes the
Fire Code of the City of Chula Vista.
15.36.010 California Fire Code Chapter 1—Scope and Administration—Adopted and
Amended.
California Fire Code, Chapter 1, Scope and Administration, is adopted with the following
amendments:
A. Chapter 1, Section 105.5, Required operational permits, is amended to read as follows:
105.5 Required operational permits. The fire code official is authorized to issue
operational permits for the operations set forth in Sections 105.5.2 through105.5.54 and
105.5.60 through 105.5.62.
B. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.60
General use permit, to read as follows:
105.5.60 General use permit. An operational permit is required for the issuance of a
general use permit and its respective inspection. A general use permit is required for any
activity or operation not specifically described therein, to include high occupant loads
and or when in the judgement of the Fire Code Official is likely to produce conditions
hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other
permits, are required to have a general use operational permit.
C. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.61
State-mandated, to read as follows:
105.5.61 State-mandated. An operational permit is required for California state-mandated
inspected occupancies.
D. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.62
General use certificate, to read as follows:
105.5.62 General use certificate. A temporary operational permit is required for the
issuance of a general use certificate and its respective inspections. A general use
certificate is required for each new business within the city that is applying for a business
license or for an existing business that is changing operations or expanding business
operations into new suites and is revising their respective business license (with a
physical commercial address within city limits).
E. Chapter 1, Section 106.1, Submittals, is amended to read as follows:
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Ordinance No. _____
Page 6
106.1 Submittals and requirements. Construction documents and supporting data shall be
submitted in three or more sets, or in an approved electronic format, with each application
for a permit and in such form and detail as required by the fire code official. The construction
documents shall be prepared by a registered design professional where required by the
statutes of the jurisdiction in which the project is to be constructed.
Construction documents, plans, submittals, and other documents associated with building
or remodeling a structure, including fire and life safety systems and fire service features,
shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire
Department’s Fire Safety Engineering Standard Details and Requirements.
Exception. The fire code official is authorized to waive the submission of
construction documents and supporting data not required to be prepared by a
registered design professional if it is found that the nature of the work applied for
is such that review of construction documents is not necessary to obtain
compliance with this code.
F. Chapter 1, Section 109.2, Inspections, is amended to add Section 109.2.3 Re-inspection, to
read as follows:
109.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during
which it is determined that a violation exists, fire code re-inspections may be conducted at
the discretion of the Fire Department until such violations have been corrected.
G. Chapter 1, Section 113.4, Violation penalties, is amended to read as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code,
including non-compliance with stop work and or do not occupy orders, or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair
or do work in violation of the approved construction documents or directive of the
fire code official, or of a permit or certificate used under provisions of this code, shall
be guilty of a misdemeanor, punishable by a fine of not more than the greater of
$1,000 dollars or as established by the City of Chula Vista Policy and Procedures
Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both
such fine and imprisonment. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
H. Chapter 1, Section 114.4, Failure to comply, is amended to read as follows:
114.4 Failure to comply. Any person who continues any work after having been served
with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be subject to a fine of not less than $250 dollars or
more than $1,000 dollars.
15.36.015 California Fire Code Chapter 2—Definitions—Adopted and Amended.
California Fire Code, Chapter 2, Definitions, is adopted with the following amendments:
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A. Chapter 2, Section 202, is amended to add the following definitions:
FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing
enforcement of fire and life safety regulations as they relate to planning, construction and
development, and maintenance.
FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a
legally formed volunteer fire department recorded with the County of San Diego, or Fire
Company regularly charged with the responsibility of providing fire protection to the
jurisdiction.
FIRE HAZARD. Anything that increases or could cause an increase of the hazard or
menace of fire to a greater degree than customarily recognized as normal by persons in
the public service regularly engaged in preventing, suppressing or extinguishing fire or
anything or act which could obstruct, delay, hinder or interfere with the operations of the
fire department or egress of occupants in the event of fire.
FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as
driveway, fire lane, public street, private street, parking lot, lane, access roadway or the
like.
VEGETATION. Refers to the plant life of a particular area or region, encompassing all
aspects of plants, such as trees, shrubs, and grasses that is capable of being easily ignited
and endangering property.
15.36.020 California Fire Code Chapter 3—General Requirements—Adopted.
California Fire Code, Chapter 3, General Requirements, is adopted.
15.36.025 California Fire Code Chapter 4—Emergency Planning and Preparedness—
Adopted.
California Fire Code, Chapter 4, Emergency Planning and Preparedness, is adopted.
Note: Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire
Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista
Municipal Code, 5.19.050.B.1.e, and as further outlined under the City’s Cannabis Regulations,
§0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance
with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sections 404
through 407.
15.36.030 California Fire Code Chapter 5—Fire Service Features—Adopted and
Amended.
California Fire Code, Chapter 5, Fire Service Features, is adopted with the following
amendments:
A. Chapter 5 is amended to add Section 511 Preplanning response maps and data, and Section
511.1 Requirements, to read as follows:
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511 PREPLANNING RESPONSE MAPS AND DATA
511.1 Requirements. Applicants submitting permits for and building any new development
or project, which necessitates updating of emergency response maps by virtue of new
structures and their respective appurtenances, hydrants, roadways, and or similar features,
shall be required to provide electronic files with respective layers, in an approved format,
form, and detail as required by the fire code official, to the FAHJ.
15.36.035 California Fire Code Chapter 6—Building Services and Systems—Adopted.
California Fire Code, Chapter 6, Building Services and Systems, is adopted.
15.36.040 California Fire Code Chapter 7—Fire and Smoke Protection Features—
Adopted.
California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted.
15.36.045 California Fire Code Chapter 8—Interior Finish, Decorative Materials and
Furnishings—Adopted.
California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is
adopted.
15.36.050 California Fire Code Chapter 9—Fire Protection and Life Safety Systems—
Adopted and Amended.
California Fire Code, Chapter 9, Fire Protection and Life Safety Systems, is adopted with the
following amendments:
A. Chapter 9, Section 901.6.3, Records, is amended to add Section 901.6.3.2 Records reporting,
to read as follows:
901.6.3.2 Records reporting. The Fire Code Official has the authority to enter into a
contract/agreement with a third-party vendor for purposes of collecting, organizing,
categorizing, and tracking inspection, testing, and maintenance records in accordance
with the adopted California edition of NFPA 25. All inspection, testing and maintenance
records shall be forwarded and made accessible to the Fire Code Official using the digital
records management platform of the designated third-party as approved by the City.
Paper (hard copy) reports are not permitted. Third-party vendor fees are further approved
under said contract/agreement.
B. Chapter 9, Section 903.2.8.1, Group R-3, is amended to add Section 903.2.8.1.1 NFPA 13-
D meter size, to read as follows:
903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D
(dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter.
Exceptions:
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1. Minimum meter size can be dependent upon hydraulic analysis, including safety
factors, for second dwelling units and accessory structures to group R3
occupancies.
C. Chapter 9, Section 905.4, Location of Class I standpipe hose connections, is amended to read
as follows:
905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections
shall be provided in all of the following locations:
1. In every required interior exit stairway or exterior exit stairway, a hose connection
shall be provided for each story above and below grade plane. Hose connections shall be
located at intermediate floor level landings between floors or as approved by the Fire
Code Official. See Section 909.20.2.3 of the California Building Code for additional
provisions in smokeproof enclosures.
Exception to Item 1 of 905.4 along with Item 2 through 6 shall remain in full force and
effect.
15.36.055 California Fire Code Chapter 10—Means of Egress—Adopted.
California Fire Code, Chapter 10, Means of Egress, is adopted.
15.36.060 California Fire Code Chapter 11—Construction Requirements for Existing
Buildings—Adopted.
California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is adopted.
15.36.065 California Fire Code Chapter 12—Energy Systems—Adopted.
California Fire Code, Chapter 12, Energy Systems, is adopted.
15.36.070 California Fire Code Chapter 20—Aviation Facilities—Adopted.
California Fire Code, Chapter 20, Aviation Facilities, is adopted.
15.36.075 California Fire Code Chapter 21—Dry Cleaning—Adopted.
California Fire Code, Chapter 21, Dry Cleaning, is adopted.
15.36.080 California Fire Code Chapter 22—Combustible Dust-Producing
Operations—Adopted.
California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted.
15.36.085 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and
Repair Garages—Adopted.
California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is
adopted.
15.36.090 California Fire Code Chapter 24—Flammable Finishes—Adopted.
California Fire Code, Chapter 24, Flammable Finishes, is adopted.
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15.36.095 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted.
California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted.
15.36.100 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—
Not adopted.
California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is not adopted.
15.36.105 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—
Adopted.
California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted.
15.36.110 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid
Biomass and Woodworking Facilities—Adopted.
California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and
Woodworking Facilities, is adopted.
15.36.115 California Fire Code Chapter 29—Manufacture of Organic Coatings—
Adopted.
California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted.
15.36.120 California Fire Code Chapter 30—Industrial Ovens—Adopted.
California Fire Code, Chapter 30, Industrial Ovens, is adopted.
15.36.125 California Fire Code Chapter 31—Tents, Temporary Special Event
Structures and Other Membrane Structures—Adopted.
California Fire Code, Chapter 31, Tents, Temporary Special Event Structures and Other
Membrane Structures, is adopted.
15.36.130 California Fire Code Chapter 32—High-Piled Combustible Storage—
Adopted.
California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted.
15.36.135 California Fire Code Chapter 33—Fire Safety During Construction and
Demolition—Adopted.
California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted.
15.36.140 California Fire Code Chapter 34—Tire Rebuilding and Tire Storage—
Adopted.
California Fire Code, Chapter 34, Tire Rebuilding and Tire Storage, is adopted.
15.36.145 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted.
California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted.
15.36.150 California Fire Code, Chapter 36—Marinas—Adopted.
California Fire Code, Chapter 36, Marinas, is adopted.
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15.36.155 California Fire Code, Chapter 37—Combustible Fibers—Adopted.
California Fire Code, Chapter 37, Combustible Fibers, is adopted.
15.36.160 California Fire Code, Chapter 39—Processing and Extraction Facilities—
Adopted.
California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted.
15.36.165 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—
Adopted.
California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted.
15.36.170 California Fire Code Chapter 41—Temporary Heating and Cooking
Operations—Adopted.
California Fire Code, Chapter 41, Temporary Heating and Cooking Operations, is adopted.
15.36.175 California Fire Code Chapter 48—Motion Picture and Television Production
Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted.
California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound
Stages, Approved Production Facilities and Production Locations, is adopted.
15.36.180 California Fire Code Chapter 50—Hazardous Materials—General
Provisions—Adopted.
California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted.
15.36.185 California Fire Code Chapter 51—Aerosols—Adopted.
California Fire Code, Chapter 51, Aerosols, is adopted.
15.36.190 California Fire Code Chapter 53—Compressed Gases—Adopted.
California Fire Code, Chapter 53, Compressed Gases, is adopted.
15.36.195 California Fire Code Chapter 54—Corrosive Materials—Adopted.
California Fire Code, Chapter 54, Corrosive Materials, is adopted.
15.36.200 California Fire Code Chapter 55—Cryogenic Fluids—Adopted.
California Fire Code, Chapter 55, Cryogenic Fluids, is adopted.
15.36.205 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and
Amended.
California Fire Code, Chapter 56, Explosives and Fireworks, is adopted with the following
amendments:
A. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.1 Retail
fireworks, to read as follows:
5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks
1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless
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they are being used as part of a public display when permitted and conducted by a
licensed pyrotechnic operator.
B. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.2 Seizure of
fireworks, to read as follows:
5601.1.3.2 Seizure of fireworks. The Fire Code Official shall have the authority to seize,
take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in
violation of the provisions of this Ordinance and Title 19 California Code of Regulations.
15.36.210 California Fire Code Chapter 57—Flammable and Combustible Liquids—
Adopted.
California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted.
15.36.215 California Fire Code Chapter 58—Flammable Gases and Flammable
Cryogenic Fluids—Adopted.
California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is
adopted.
15.36.220 California Fire Code Chapter 59—Flammable Solids—Adopted.
California Fire Code, Chapter 59, Flammable Solids, is adopted.
15.36.225 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—
Adopted.
California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted.
15.36.230 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted.
California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted.
15.36.235 California Fire Code Chapter 62—Organic Peroxides—Adopted.
California Fire Code, Chapter 62, Organic Peroxides, is adopted.
15.36.240 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing
Cryogenic Fluids—Adopted.
California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is
adopted.
15.36.245 California Fire Code Chapter 64—Pyrophoric Materials—Adopted.
California Fire Code, Chapter 64, Pyrophoric Materials, is adopted.
15.36.250 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—
Adopted.
California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted.
15.36.255 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted.
California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted.
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15.36.260 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—
Adopted.
California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted.
15.36.265 California Fire Code Chapter 80—Referenced Standards—Adopted.
California Fire Code, Chapter 80, Referenced Standards, is adopted.
15.36.270 California Fire Code—Appendices—Adopted in part and Amended.
The Appendices to the California Fire Code are adopted in part and amended as follows:
A. Appendix Chapter 4, Special Detailed Requirements Based Upon Use and Occupancy, is
adopted.
B. Appendix B, Fire-Flow Requirements for Buildings, is adopted with the following
amendments:
Appendix, Table B105.1(1), Required fire flow for one- and two-family dwellings, group R-3 and
R-4 buildings and townhouses, is amended to read as follows:
TABLE B105.1(1).
TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY
DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb
FIRE FLOW
CALCULATION
AREA (square feet)
AUTOMATIC
SPRINKLER
SYSTEMS (Design-
Standard)
MINIMUM FIRE
FLOW
(gallons per
minute)a
FLOW DURATION
(hours)
0-3,600 No automatic
sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
3,601 and greater No automatic
sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
0-3,600 Section 903.3.1.3 of
the California Fire
Code or Section
P2904 of the
California Residential
Code
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
3,601 and greater Section 903.3.1.3 of
the California Fire
Code or Section
P2904 of the
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
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For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m.
a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ
may require a fire sprinkler system to be installed, if not required by other portions of adopted
codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing.
Table B105.2, Required fire flow for buildings other than one- and two-family dwellings, group
R-3 and R-4 buildings and townhouses, is amended to read as follows:
TABLE B105.2.
TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE-
AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSESc
AUTOMATIC
SPRINKLER SYSTEM
(Design-Standard)
MINIMUM FIRE FLOW
(gallons per minute)b
FLOW DURATION
(hours)
a
a
a
For SI: 1 gallon per minute = 3.785 L/m
a. The reduced fire-flow rate shall not be less than 1,500 gallons per minute.
b. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ
may require a fire sprinkler system to be installed, if not required by other portions of adopted
codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing or
other as approved by the Fire Code Official.
C. Appendix BB, Fire-Flow Requirements for Buildings, is adopted with the following
amendment:
Appendix BB, Section BB105, Fire-Flow Requirements for Buildings, is amended to read as
follows:
BB105.1 The minimum fire flow and flow duration for school buildings shall be as
specified in Table BB105.1.
Exception. A reduction in required fire flow of up to 25 percent is allowed when
the building is provided with an approved automatic sprinkler system. When a
reduction in fire flow is used, fire flow shall not be less than 1500 GPM.
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D. Appendix C, Fire Hydrant Locations and Distribution, is adopted with the following
amendment:
Appendix C, Table C102.1, Required number and spacing of fire hydrants - Footnotes, is amended
to read as follows:
TABLE C102.1
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS
a. The fire code official is authorized to modify the location, number and distribution of
fire hydrants based upon site-specific constraints, and hazards.
All other Footnotes are deleted.
E. Appendix CC, Fire Hydrant Locations and Distribution, is adopted with the following
amendment:
Appendix CC, Table CC105.1, Number and distribution of fire hydrants - Footnotes, is amended
to read as follows:
TABLE CC105.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
Footnotes a through e are deleted.
F. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory
Statements, is adopted.
G. Appendix P, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses, is
adopted.
H. Appendices not listed herein are not adopted as part of this Ordinance.
Section III. Express Findings and Declarations
A. Local Climatic, Geologic, and Topographic Findings and Declarations
The City Council of the City of Chula Vista specifically and expressly finds and declares
that each of the modifications or changes (local amendments) listed in Chula Vista Municipal
Code, 15.36, Fire Code, are reasonably necessary due to local climatic, geological, and
topographical conditions and are hereby declared to be part of this Ordinance as if set forth fully
herein. The specific local climatic, geological, and topographical findings and justification for
each of the Fire Code amendments are as follows:
1. Local climatic conditions. Climate is one of the most significant factors
influencing fire behavior and the severity of other emergency events due to its
uncontrollable nature. During the summer and fall, Chula Vista experiences seasonal
climatic conditions that pose critical fire risks, including prolonged hot, dry weather and
Santa Ana winds that frequently contribute to fast-moving vegetation fires. Extended
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periods of local and statewide drought continue to reduce vegetation fuel moisture,
creating an environment where fires ignite easily and spread rapidly under wind-driven
conditions. These local conditions combined with the geological and topographical
characteristics within the city create hazardous conditions for which departure from the
California Building Standard Code is required.
2. Local geological conditions. Chula Vista lies within a seismically active region,
intersected by the La Nacion and Chula Vista fault zones and is in close proximity to the
Rose Canyon fault. Earthquakes in this region can cause significant disruptions, including
damaged infrastructure, ruptured gas lines, electrical fires, and overloaded emergency
services. These hazards intensify the potential for multiple, simultaneous fire incidents
and compromise the effectiveness of private and public fire protection systems. Being
that the city is within a seismic area that includes earthquake faults, microzones, slide
areas, and local liquefaction hazards, the modifications and changes cited herein are
designed to limit property damage as a result of sei smic activity.
3. Local topographical conditions. Chula Vista has several topographical features,
including bordering by a bay, a lake, Otay River Valley and Sweetwater river, and
parkways, narrow streets, open space, varying elevations, bridges, overpasses, freeways,
and railroad tracks including light rail. These conditions can impede the rapid
deployment and effectiveness of emergency resources; further, these conditions and
increasing populations can slow evacuation. Additionally, the varying elevations across
the city increase wind effect and can have significant negative impacts during vegetation
and other fires. The modifications and additions to the California Building Standards
Code are reasonably necessary to mitigate to the extent possible the respective deleterious
effects and for community health and safety.
California Health and Safety Code section 17958.7 requires that the modifications or
changes be expressly marked and identified as to which each finding refers. Therefore, the City
Council of the City of Chula Vista expressly finds that Table 1 (Expressly Marked and Identified
Findings Related to Local Amendments) below identifies the applicable City of Chula Vista
Municipal Code and Fire Code sections, together with the associated findings that justify
modifications due to local climatic, geological, and topographical conditions.
Table 1: Expressly Marked and Identified Findings Related to Local Amendments
a b
ref Section III A
CVMC 15.36.005 III A: 1, 2, 3
CVMC 15.36.010 / CFC Chapter 1, 105.5, 105.5.60, 105.5.61,
105.5.62, 106.1, 109.2.3, 113.4, 114.4 III A: 1, 2, 3
CVMC 15.36.015 / CFC Chapter 2, 202 III A: 1, 2, 3
CVMC 15.36.020 / CFC Chapter 3 III A: 1, 2, 3
CVMC 15.36.025 / CFC Chapter 4 III A: 1, 2, 3
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aCVMC = Chula Vista Municipal Code
bCFC = California Fire Code
The California Building Standards Commission requires that all local amendments be
expressly marked to distinguish them from the original code language. Exhibit 1 (2025 California
Fire Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.36)
provides the strike-through and underline text of the City’s proposed local amendments, thereby
fulfilling this requirement. Exhibit 1 is incorporated by reference into this Ordinance and made a
part hereof as though fully set forth herein.
B. California AB130 and Health and Safety Code 17958 Findings and Declarations
In addition to Section III A’s climatic, geological, and topographical findings, the City
Council of the City of Chula Vista specifically and expressly finds and declares that
modifications or changes (local amendments) listed in Chula Vista Municipal Code, 15.36, Fire
Code, are authorized under Health and Safety Code Section 17958(b)(1). That section, as
amended by California Assembly Bill 130, permits a city to adopt local amendments to
residential standards where such amendments are substantially equivalent to amendments
previously filed and in effect before September 30, 2025.
Table II (Local Amendments Authorized Under CA AB 130 and HSC 17958) below
identifies amendments that are substantially equivalent to those previously adopted under
Ordinance No. 3538 (2022) and remained in effect as of September 30, 2025. These amendments
are therefore expressly authorized under CA AB 130 and Health and Safety Code 17958(b)(1).
Table II. Local Amendments Authorized Under CA AB 130 and HSC 17958
CVMCa Section
Number: CFCb Section:
Ordinance No. 3538
(2022) / CFC
Reference:
AB 130 / HSC 17958
Basisc:
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aCVMC = Chula Vista Municipal Code
bCFC = California Fire Code
cHSC 17958(b)(1) = The changes or modifications are substantially equivalent to changes or modifications that
were previously filed by the governing body of the city or county and were in effect as of September 30, 2025
Section IV. 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 V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage
but not before January 1, 2026.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law, and specifically in accordance with California
Health and Safety Code 17958.7.
Section VIII. Transmittal
Upon adoption after this Ordinance’s second reading, a copy of the signed Ordinance,
together with findings, modifications or changes (local amendments) expressly market and
identified to which each finding refers shall be transmitted to and filed with the California Building
Standards Commission in accordance with California Health and Safety Code 17958.7.
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Presented by Approved as to form by
_____________________________________ ____________________________________
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
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ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING CHAPTER 15.38 OF THE CHULA VISTA MUNICIPAL
CODE AND ADOPTING A NEW CHAPTER 15.38, WILDLAND-
URBAN INTERFACE CODE, OF THE CHULA VISTA MUNICIPAL
CODE INCORPORATING THE 2025 CALIFORNIA WILDLAND-
URBAN INTERFACE CODE AND LOCAL AMENDMENTS
THERETO.
WHEREAS, the State of California has adopted and published California Code of
Regulations Title 24, Part 7, as the California Wildland-Urban Interface Code, effective
January 1, 2026; and
WHEREAS, on January 1, 2026, all existing code adoptions and amendments of local
agencies automatically revert to the new State code unless new local adoptions and local
amendments are made; and
WHEREAS, the California Building Standards Commission requires jurisdictions
within the State to begin enforcing the 2025 Edition of the California Building Standards
Code on January 1, 2026; and
WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of
the City of Chula Vista adopt ordinances or regulations imposing the same requirements as are
contained in the regulations adopted by the State pursuant to Health and Safety Code Section
17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section
17922 to impose the same requirements as are contained in the 2025 California Wildland-
Urban Interface Code, and together with the Chula Vista Fire Department local amendments,
these shall be the Wildland-Urban Interface Code of the City of Chula Vista; and
WHEREAS, local amendments adopted by the City Council of the City of Chula Vista
shall govern where they differ from the baseline provisions of the 2025 California Wildland-
Urban Interface Code; and
WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the
City of Chula Vista to make changes or modifications (local amendments) in the requirements
contained in the provisions published in the California Building Standards Codes, as it
determines, are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of
the City of Chula Vista before making any modifications or changes (local amendments) shall
make express finding that such local amendments are reasonably necessary because of local
climatic, geological, or topographical conditions; and
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WHEREAS, California Assembly Bill 130, amending Health and Safety Code Sections
17958, 17958.5, 17958.7. and 18941.5, prohibit modifications or changes (local amendments)
that impose more restrictive standards on residential occupancies except where such local
amendments are related to home hardening; and
WHEREAS, the City Council of the City of Chula Vista expressly finds that
modifications or changes (local amendments) contained in this Ordinance are in accordance
with California Assembly Bill 130, which amended Health and Safety Code Section 17958
[17958(b)(3)], in that said local amendments are specifically related to home hardening; and
WHEREAS, the City Council of the City of Chula Vista further finds that modifications
or changes (local amendments) contained in this Ordinance are substantially equivalent to local
amendments that were adopted under Ordinance No. 3598 (2025) and were in effect as of
September 30, 2025; and
WHEREAS, the City Council of the City of Chula Vista further finds that the city is
subject to unique local climatic, geological, and topographical conditions that individually
and/or collectively create elevated fire and life-safety risks, including: a semi-arid climate
characterized by very low rainfall with extended periods of drought, high summer and fall
temperatures, and seasonal Santa Ana winds that intensify wild fire behavior; the proximity of
major fault zones that increase the potential for seismic activity and related emergencies; and
varied topography, including steep canyons, hillsides, and an extensive wildland-urban
interface area, which complicate emergency access, evacuation, and fire suppression; and
WHEREAS, the Cedar Fire of 2003, which originated in the Cleveland National
Forrest, became one of the largest and most destructive wildfires in California’s history,
burning over 270,000 acres, destroying more than 2,800 buildings, and resulting in 15
fatalities, thereby highlighting the region’s vulnerability to catastrophic wildfires; and
WHEREAS, the proximity of Chula Vista to wildfire-prone areas has led to significant
threats to the community, as evidence by the Harris Fire in October 2007, which burnt into the
northeastern portions of the city, necessitating evacuations; and
WHEREAS, the Border 2 Fire, which ignited on January 23, 2025, in the Otay Mountain
wilderness, rapidly burned approximately 6,625 acres, prompting evacuations and school
closures in nearby communities, highlighting the ongoing wildfire threat to the region; and
WHEREAS, from 2005 to 2023, the Chula Vista Fire Department responded to 713
vegetation fires within the city, impacting more 13,000 acres and highlighting the need for
enhanced requirements.
WHEREAS, the City Council of the City of Chula Vista makes express findings that
the changes or modifications (local amendments) to the 2025 California Wildland-Urban
Interface Code are reasonably necessary for the protection of the public health, safety, and
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welfare due to local climatic, geological, and topographical conditions present in the city of
Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista further finds that Section III
(Express Findings and Declarations) memorializes specific local climatic, geological, and
topographical conditions, which are hereby declared to be part of this Ordinance; and
WHEREAS, the City Council of the City of Chula Vista further finds that Table 1
(Expressly Marked and Identified Findings Related to Local Amendments), under Section III
(Express Findings and Declarations) of this Ordinance, identifies the applicable Chula Vista
Municipal Code and California Wildland-Urban Interface Code sections, together with the
associated findings that justify modifications or changes (local amendments) due to local
climatic, geological, and topographical conditions; and
WHEREAS, the City Council of the City of Chula Vista further finds that Exhibit 2
(2025 California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix –
City of Chula Vista Municipal Code 15.38) expressly marks all local amendments, as required
by the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.1 through 50022.10 provide authority
for the adoption by reference of codes, or portion of such codes; and
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Repeal Chapter 15.38
That existing chapter 15.38 of the Chula Vista Municipal Code is repealed in its
entirety and shall be of no further force and effect.
Section II. New Chapter 15.38
That new chapter 15.38 of the Chula Vista Municipal Code is adopted to read as
follows:
Chapter 15.38
WILDLAND-URBAN INTERFACE CODE
Sections:
15.38.005 Adoption
15.38.010 California Wildland-Urban Interface Code Chapter 1 - Administration -
Adopted
15.38.015 California Wildland-Urban Interface Code Chapter 2 - Definitions - Adopted
and Amended
15.38.020 California Wildland-Urban Interface Code Chapter 3 - Wildland-Urban
Interface Areas - Adopted
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15.38.025 California Wildland-Urban Interface Code Chapter 4 - Wildland-Urban
Interface Area Requirements - Adopted
15.38.030 California Wildland-Urban Interface Code Chapter 5 - Special Building
Construction Regulations - Adopted and Amended
15.38.035 California Wildland-Urban Interface Code Chapter 6 - Fire Protection
Requirements - Adopted
15.38.040 California Wildland-Urban Interface Code Chapter 7 - Referenced Standards -
Adopted
15.38.045 California Wildland-Urban Interface Code - Appendices - Adopted in part
15.38.005 Adoption.
The City of Chula Vista hereby adopts by reference the 2025 Edition of the California
Wildland-Urban Interface Code, including Appendix F and G, and the California Standards,
with the local amendments contained in the following sections of Chapter 15.38. As adopted
and amended herein, the 2025 California Wildland-Urban Interface Code (hereinafter
“California Wildland-Urban Interface Code”) becomes the Wildland-Urban Interface Code of
the City of Chula Vista.
15.38.010 California Wildland-Urban Interface Code Chapter 1—Administration—
Adopted.
California Wildland-Urban Interface Code, Chapter 1, Administration, is adopted.
15.38.015 California Wildland-Urban Interface Code Chapter 2—Definitions—
Adopted and Amended.
California Wildland-Urban Interface Code, Chapter 2, Definitions, is adopted with the
following amendments.
A. Chapter 2, Section 202, is amended to add the following definitions:
HOME HARDENING. A method of utilizing construction features, building materials,
and maintenance practices intended to increase a building and structure’s resistance to
ignition from fire exposure, including direct flame contact, radiant heat, and embers.
MODERATE FIRE HAZARD SEVERITY ZONE. Means the Moderate zone or
area(s) identified on the adopted map titled “City of Chula Vista (San Diego County),
Local Responsibility Area Fire Hazard Severity Zones,” dated March 24, 2025. The
City of Chula Vista adopted and established the Moderate Fire Hazard Severity Zone
to meet the requirements of Government Code sections 51175 through 51188 and for
the limited purpose of applying Home Hardening required within Chapter 5 of the 2025
California Wildland-Urban interface Code, together with brush management
requirements adopted by the City. For the purpose of this definition, the Moderate Fire
Hazard Severity Zone is not a Wildland-Urban Interface Area(s) as defined by Section
202. See also Chula Vista Municipal Code 15.34.
SPECIAL DESIGNATED VEGETATION MANAGEMENT AREA. Means the area(s)
identified on the adopted map titled “City of Chula Vista Special Designated Vegetation
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Management Area,” dated March 26, 2025. The Special Designated Vegetation
Management Area (SDVMA) is established by the City for the limited purpose of
applying Home Hardening required within Chapter 5 of the 2025 California Wildland-
Urban interface Code, together with brush management requirements adopted by the
City. For the purpose of this definition, the SDVMA is not a Wildland-Urban Interface
Area(s) as defined by Section 202. See also Chula Vista Municipal Code 15.34.
15.38.020 California Wildland-Urban Interface Code Chapter 3—Wildland-Urban
Interface Areas—Adopted.
California Wildland-Urban Interface Code, Chapter 3, Wildland-Urban Interface Areas, is
adopted.
15.38.025 California Wildland-Urban Interface Code Chapter 4—Wildland-Urban
Interface Area Requirements—Adopted.
California Wildland-Urban Interface Code, Chapter 4, Wildland-Urban Interface Area
Requirements, is adopted.
15.38.030 California Wildland-Urban Interface Code Chapter 5—Special Building
Construction Regulations—Adopted and Amended.
California Wildland-Urban Interface Code, Chapter 5, Special Building Construction
Regulations, Section 501.1 Scope is adopted with the following amendments:
A Chapter 5, Section 501.1, Scope is amended to read as follows:
Section 501.1 Scope. Buildings and structures in a wildland-urban interface area shall
be constructed in accordance with the California Building Code and this code.
Buildings and structures in the City adopted and designated Moderate Fire Hazard
Severity Zone and Special Designated Vegetation Management Area shall be
constructed in accordance with Chapter 5 of the California Wildland-Urban Interface
Code.
15.38.035 California Wildland-Urban Interface Code Chapter 6—Fire Protection
Requirements—Adopted.
California Wildland-Urban Interface Code, Chapter 6, Fire Protection Requirements, is
adopted.
15.38.040 California Wildland-Urban Interface Code Chapter 7—Referenced
Standards—Adopted.
California Wildland-Urban Interface Code, Chapter 7, Referenced Standards, is adopted.
15.38.045 California Wildland-Urban Interface Code—Appendices—Adopted in
part.
The Appendices to the California Wildland-Urban Interface Code are adopted in part:
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A. Appendix F, Characteristics of Fire-Smart Vegetation, is adopted.
B. Appendix G, Voluntary Home-Hardening Recommendations, is adopted.
C. Appendices not listed herein are not adopted as part of this Ordinance.
Section III. Express Findings and Declarations
A. Local Climatic, Geologic, and Topographic Findings and Declarations
The City Council of the City of Chula Vista specifically and expressly finds and
declares that each of the modifications or changes (local amendments) listed in Chula Vista
Municipal Code, 15.38, Wildland-Urban Interface Code, are reasonably necessary due to local
climatic, geological, and topographical conditions and are hereby declared to be part of this
Ordinance as if set forth fully herein. The specific local climatic, geological, and topographical
findings and justification for each of the California Wildland-Urban Interface Code
amendments are as follows:
1. Local climatic conditions. Climate is one of the most significant factors
influencing fire behavior and the severity of other emergency events due to its
uncontrollable nature. During the summer and fall, Chula Vista experiences seasonal
climatic conditions that pose critical fire risks, including prolonged hot, dry weather
and Santa Ana winds that frequently contribute to fast-moving vegetation fires.
Extended periods of local and statewide drought continue to reduce vegetation fuel
moisture, creating an environment where fires ignite easily and spread rapidly under
wind-driven conditions. These local conditions combined with the geological and
topographical characteristics within the city create hazardous conditions for which
departure from the California Building Standard Code is required.
2. Local geological conditions. Chula Vista lies within a seismically active region,
intersected by the La Nacion and Chula Vista fault zones and is in close proximity to
the Rose Canyon fault. Earthquakes in this region can cause significant disruptions,
including damaged infrastructure, ruptured gas lines, electrical fires, and overloaded
emergency services. These hazards intensify the potential for multiple, simultaneous
fire incidents and compromise the effectiveness of private and public fire protection
systems. Being that the city is within a seismic area that includes earthquake faults,
microzones, slide areas, an d local liquefaction hazards, the modifications and changes
cited herein are designed to limit property damage as a result of seismic activity.
3. Local topographical conditions. Chula Vista has several topographical features,
including bordering by a bay, a lake, Otay River Valley and Sweetwater river, and
parkways, narrow streets, open space, varying elevations, bridges, overpasses,
freeways, and railroad tracks including light rail. These conditions can impede the rapid
deployment and effectiveness of emergency resources; further, these conditions and
increasing populations can slow evacuation. Additionally, the varying elevations across
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the city increase wind effect and can have significant negative impacts during
vegetation and other fires. The modifications and additions to the California Building
Standards Code are reasonably necessary to mitigate to the extent possible the
respective deleterious effects and for community health and safety.
California Health and Safety Code section 17958.7 requires that the modifications or
changes be expressly marked and identified as to which each finding refers. Therefore, the City
Council of the City of Chula Vista expressly finds that Table 1 (Expressly Marked and
Identified Findings Related to Local Amendments) below identifies the applicable City of
Chula Vista Municipal Code and California Wildland-Urban Interface Code sections, together
with the associated findings that justify modifications due to local climatic, geological, and
topographical conditions.
Table 1: Expressly Marked and Identified Findings Related to Local Amendments
CVMCa / CWUICb Section Number:
Local Climatic /
Geological /
Topographical
Conditions:
(ref Section III A)
CVMC 15.38.005 III A: 1, 2, 3
CVMC 15.38.010 / CWUIC Chapter 1 III A: 1, 2, 3
CVMC 15.38.015 / CWUIC Chapter 2, 202 III A: 1, 2, 3
CVMC 15.38.020 / CWUIC Chapter 3 III A: 1, 2, 3
CVMC 15.38.025 / CWUIC Chapter 4 III A: 1, 2, 3
CVMC 15.38.030 / CWUIC Chapter 5, 501.1 III A: 1, 2, 3
CVMC 15.38.035 / CWUIC Chapter 6 III A: 1, 2, 3
CVMC 15.38.040 / CWUIC Chapter 7 III A: 1, 2, 3
CVMC 15.38.045 / CWUIC Appendix F and G III A: 1, 2, 3
aCVMC = Chula Vista Municipal Code
bCWUIC = California Wildland-Urban Interface Code
The California Building Standards Commission requires that all local amendments be
expressly marked to distinguish them from the original code language. Exhibit 2 (2025
California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix – City of
Chula Vista Municipal Code 15.38) provides the strike-through and underline text of the City’s
proposed local amendments, thereby fulfilling this requirement. Exhibit 2 is incorporated by
reference into this Ordinance and made a part hereof as though fully set forth herein.
B. California AB130 and Health and Safety Code 17958 Findings and Declarations
In addition to Section III A’s climatic, geological, and topographical findings, the City
Council of the City of Chula Vista specifically and expressly finds and declares that
modifications or changes (local amendments) listed in Chula Vista Municipal Code, 15.38,
Wildland-Urban Interface Code, are authorized under Health and Safety Code Section
17958(b)(3). That section, as amended by California Assembly Bill 130, permits a city to adopt
local amendments to residential standards where such amendments are related to home
hardening.
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Table II (Local Amendments Authorized Under CA AB 130 and HSC 17958) below
identifies amendments that are related to home hardening. Specifically, the City’s local
amendments will require that residential and non-residential buildings constructed within the
City adopted Moderate Fire Hazard Severity Zone and within the Special Designated
Vegetation Management Area be built in accordance with the California Wildland-Urban
Interface Code, Chapter 5, Special Building Construction Regulations. These amendments are
therefore expressly authorized under CA AB 130 and Health and Safety Code 17958(b)(3).
Table II. Local Amendments Authorized Under CA AB 130 and HSC 17958
CVMCa Section Number: CWUICb Section: AB 130 / HSC 17958 Basisc:
aCVMC = Chula Vista Municipal Code
bCWUIC = California Wildland-Urban Interface Code
cHSC 17958(b)(3) = The changes or modifications relate to home hardening
Section IV. 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 V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not
to duplicate or contradict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage but not before January 1, 2026.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law, and specifically in accordance with
California Health and Safety Code 17958.7.
Section VIII. Transmittal
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Upon adoption after this Ordinance’s second reading, a copy of the signed Ordinance,
together with findings, modifications or changes (local amendments) expressly marked and
identified to which each finding refers shall be transmitted to and filed with the California
Building Standards Commission in accordance with California Health and Safety Code
17958.7.
Presented by Approved as to form by
____________________________ ____________________________
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
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ORDINANCE NO. XXXX
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 15.26 AND 15.62 OF THE CHULA VISTA
MUNICIPAL CODE TO MODIFY ENERGY BENCHMARKING
AND CONSERVATION REQUIREMENTS FOR MULTIFAMILY
AND COMMERCIAL BUILDINGS
WHEREAS, City Council directed staff to convene a Climate Change Working Group
(CCWG) to develop recommendations to reduce the community’s greenhouse gas
emissions; and
WHEREAS, the CCWG recommended twelve climate protection measures , including
requiring energy-savings retrofits in existing buildings at a specific point in time, which were
included in the 2017 Climate Action Plan; and
WHEREAS, as a component of the 2017 Climate Action Plan, staff proposed
developing a residential and commercial energy conservation ordinance for City Council
consideration; and
WHEREAS, on September 26, 2017, City Council adopted the 2017 Climate Action
Plan and directed staff to implement the measures based on funding levels; and
WHEREAS, through its 2017 Climate Action Plan, the City committed to redu cing
greenhouse gas emissions to 15% below 2005 levels by 2020 and 55% below 2005 levels by
2030; and
WHEREAS, the City’s Climate Action Plan includes a greenhouse gas emission
reduction strategy to encourage building owners to adopt electric appliances to
meet increased energy efficiency requirements as electric appliances have a greater ability
to increase the energy efficiency rating of a building; and
WHEREAS, in March 2022 the City adopted a Climate Emergency Resolution
affirming its commitment to GHG reduction targets of 57% below 2018 levels by 2030 that
best reflect the most recent climate science findings and Chula Vista's "Fair Share" based on
the UN human development index; and
WHEREAS, through its 2020 Greenhouse Gas (GHG) Inventory, approved in June
2022, the City’s 2020 emissions were 17% below 2005 levels; and
WHEREAS, the Environmental Element of the General Plan, adopted December 13,
2005, specifies policies to improve the efficiency of building operations, including providing
pertinent information about the benefits of energy conservation and available energy
conservation incentive programs to all segments of the community and encouraging the
construction and operation of green buildings; and
WHEREAS, the State of California passed Assembly Bill 802 in 2015, codified in
California Public Resources Code section 25402.10, establishing annual energy
benchmarking requirements for certain buildings larger than 50,000 sq ft and creating a path
for building owners to access whole building data from utilities under certain conditions;
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and
WHEREAS California Code of Regulations Title 20, Division 2, Chapter 4, Article 9
implements procedures for compliance with Public Resources Code section 25402.10; and
WHEREAS California Code of Regulations Title 20 Division 2, Chapter 4, Article 9,
Section 1684(b) authorizes local jurisdictions to request the executive director of the
California Energy Commission to approve a request to approve a local benchmarking
program that meets the State program requirements; and
WHEREAS, California Code of Regulations Title 20 Division 2, Chapter 4, Article 9, Section 1684
established an exemption for properties that benchmark under local benchmarking
programs meeting the requirements of Section 1683(c); and
WHEREAS, the benchmarking requirements meet the requirements of California
Code of Regulations Title 20, Division 2, Chapter 4, Article 9, Section 1683(c); and
WHEREAS, on March 2, 2021, Council approved an ordinance amending Chapter
15.26 of the Municipal Code and adding Section 15.26.050 requiring multifamily and
nonresidential buildings of at least 20,000 square feet to annually benchmark energy use,
disclose energy performance information and periodically undertake audits or energy
upgrades; and
WHEREAS, the City began implementing the benchmarking requirements in 2022;
and
WHEREAS, staff is presenting to Council amendments to the adopted policy to move
it from the CVMC Chapter 15.26, Buildings and Construction, Energy Code to CVMC Chapter
15.62, Buildings and Construction, Energy Benchmarking and Conservation, and to amend
the ordinance to improve alignment with State requirements, improve the effectiveness of
the policy and simplify the process to make It easier for building owners to file and comply;
and
WHEREAS, this Ordinance is intended to preserve and enhance the environment of
the City of Chula Vista and is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines, because there is no possibility that
the ordinance may have a significant negative impact on the environment. The proposed
ordinance is exempt from the requirements of CEQA pursuant to Section 15308 of the CEQA
Guidelines, which exempts actions taken by regulatory agencies for the enhancement and
protection of the environment; and
WHEREAS, the proposed amendments are necessary to implement policies in the
General Plan, including the following: Environmental Element, Objective E-7.1, to promote
development of regulations and building design standards that maximize energy efficiency
through appropriate site and building design and through the use of energy-efficient
materials, equipment, and appliances ; and Environment Element, Objective E-7.2, to
encourage and support the local research, development, generation, and use of non -fossil,
fuel-based renewable sources of energy, including wind and solar resources, that meet local
energy needs in an environmentally sensitive manner and reduce dependence on imported
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energy; and
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista does
find that, pursuant to the recitals above, the proposed ordinance is substantially similar to the
building performance requirements adopted on March 2, 2021 and currently in effect, and is
necessary to align with the General Plan approved on July 13, 2021, and is necessary to
implement actions in the adopted Climate Action Plan, which permit mixed -fuel residential
construction consistent with federal law while also encouraging all -electric construction.
BE IT FURTHER ORDAINED that by the City Council of the City of Chula Vista does ordain
as follows:
Section I.
Chapters 15.26 of the Chula Vista Municipal Code is hereby amended by moving Section
15.26.050, Mandatory, Mandatory Benchmarking and Conservation Requirements for
Commercial Buildings, to a new Chapter, 15.62, Energy Benchmarking and Conservation, and
amending it to read addition of the sections 15.26.050 as follows:
15.6226.0150 Mandatory Benchmarking and Conservation Requirements for Multifamily and
Commercial Buildings
A. Purpose and Intent. It is the purpose and intent of this section to promote ongoing
energy conservation in buildings in order to reduce GHG emissions resulting from
energy consumption.
B. Applicability. This section applies to Properties within the City of Chula Vista with a
Gross Floor Area of at least 20,000 square feet, andfeet and having either (i) no
residential utility accounts, or (ii) five or more active utility accounts of one utility type,
at least one of which is residential. An overview of the applicability of select ordinance
requirements appears in Table 15.26.050(B) below.
Section
Nonresidential
Properties
Multifamily Properties
Benchmarking Requirements Section 15.26.050 (D)
Applies
Applies
Direct Disclosure and Public Disclosure Requirements Section 15.26.050 (E)
Applies
Applies
Conservation Requirements Section 15.26.050 (F) (1-4, 7, 8)
Applies
Applies to Properties with Significant Common Load
EXEMPTIONS: Properties owned by any of the following are exempt from Section
15.6225.0150:
(a) the County of San Diego;
(b) the State of California;
(c) the United States of America;
(d) the Metropolitan Transit Service; or
(e) the Chula Vista and Sweetwater School Districts.
C. Definitions. For purposes of this Section, the following terms shall have the following
meanings:
“Audit Template” means the U.S. Department of Energy’s (DOE) online application for
entering, validating and submitting data generated by an American Society of Heating
Refrigerating and Air-Conditioning Engineers ("ASHRAE") 211 audit, as applicable, and
Formatted: Font: Bold
Formatted: Font: Bold
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Retro-Commissioning, located at https://buildingenergyscore.energy.gov/ or other
template approved by the Conservation Section.
"Base Building Systems" means the systems and subsystems of a building that use or
distribute Energy or water or impact the Energy or water consumption, including the
building envelope; the heating, ventilating and air conditioning (HVAC) systems; air
conveying systems; electrical and lighting systems; domestic hot water systems; water
distribution systems; plumbing fixtures and other water-using equipment; and landscape
irrigation systems and water features. Base Building Systems shall not include:
1. Systems or subsystems owned by a tenant or for which a tenant bears full
maintenance responsibility, that are within the tenant's leased space and
exclusively serve such leased space, and for which the tenant pays all the Energy
and water bills according to usage and demand as measured by a meter or sub-
meter;
2. Systems or subsystems owned by a residential unit oOwner that exclusively
serve the residential unit of that oOwner;
3. Systems or subsystems that operate industrial applications such as manufacturing.
"Baseline Year" means either: a) for a Covered Property constructed and in operation for
a full year prior to 2025, any year between 2022 and 2025; or, b) for all other Covered
Properties, the first full year of building operation.'s first year submitting aof a submitted
“Benchmark” means to complete and electronically submit the Chula Vista Benchmarking
Report via ENERGY STAR® Portfolio Manager.
“Benchmarking Report” means Tthe report generated by ENERGY STAR Portfolio
Manager when a completed Chula Vista Benchmarking Report is submitted to the City,
including both the information required to be input into ENERGY STAR Portfolio
Manager and the information generated by ENERGY STAR Portfolio Manager.
“California Building Energy Use Data Access, Benchmarking, and Public Disclosure
Requirements” means the regulations specified in CCR Title 20, Division 2, Chapter 4,
Article 9, as amended from time to time.
“Centralized Mechanical Equipment” means centralized building systems or devices,
that are fixed in a location for uses associated with structures, and relating to water use,
drainage, heating, ventilating, air conditioning, and similar purposes.
“Conditioned Floor Area” means the floor area (in square feet) of enclosed conditioned
space on all floors of a building, as measured at the floor level of the exterior surfaces of
exterior walls enclosing the conditioned space.
“Conservation Section” means the City of Chula Vista’s Office of Sustainability Division,
Conservation Section.
“Covered Property” means a Property with a Gross Floor Area of 20,000 square feet or more
that meets the applicability requirements of this section.within the City of Chula Vista
having either (i) no residential utility accounts, or (ii) five or more active utility accounts of
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one utility type, at least one of which is residential.
"Energy" means electricity, natural gas, steam, heating oil, or other products sold by a
utility to a customer of a building, or renewable on-site electricity generation, for
purposes of providing heat, cooling, lighting, water heating, or for powering or fueling
other end-uses in the building and related facilities.
“Energy Audit” means systematic evaluation to identify potential modifications and
improvements to a building's equipment and systems which utilize energy in order to
optimize a building’s overall energy performance.
“Energy Professional” means a third-party individual who has one of the following licenses,
credentials, or certifications, and is in good standing with the authorizing organization: (1)
Professional Engineer (PE) issued within the United States, (2) Registered Architect (RA)
issued within the United States, (3) Certified Energy Manager (CEM from AEE), (4) Building
Energy Assessment Professional (BEAP from ASHRAE), (5) Energy Management Professional
(EMP from EMA), or any other additional data verifier license or training program
credentials recognized by the Conservation Section.
“EUI" or “Energy Use Intensity" means the Energy consumed per square foot of a
building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing the
total Energy consumed by the building in one (1) year (measured in kBtu or GJ) by the
total Gross Floor Area of the building.
“ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s
(EPA) online application for measuring, tracking, and managing a building's Energy,
water and greenhouse gas emission data and benchmarking it’s performance, located at
https://www.energystar.gov/,. or any alternative system or tool approved by the
Conservation Section or authorized under the California Building Energy Use Data
Access, Benchmarking, and Public Disclosure Requirements .
"ENERGY STAR Score" means a number ranging from 1 to 100 assigned by the EPA's
ENERGY STAR Portfolio Manager as a measurement of a building's Energy efficiency,
normalized for a building's characteristics, operations, and weather, according to
methods established by US EPA's ENERGY STAR® Portfolio Manager.
“Financial Distress” means a Property that:
1. Had arrears of property taxes or water or wastewater charges that resulted in
the Property's inclusion, within the prior two (2) years, on the City's annual tax
lien sale list; or
2. Has a court appointed receiver in control of the asset due to financial distress; or
3. Is owned by a financial institution through default by the borrower; or
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default.
“Gross Floor Area” or “GFA" means the total number of square feet measured between
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the principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed
space within areas inside the outside surfaces of the exterior walls of the building(s)
including lobbies, tenant areas (occupied and unoccupied), common areas, meeting
rooms, offices, break rooms, atriums (count the base level only), restrooms, elevator
shafts, stairwells, mechanical equipment areas, basements, storage rooms, mechanical
space such as boiler rooms, elevator shaft, hallways, stairwells, and connecting corridors
between buildings. This does not include exterior spaces, balconies, patios, exterior
loading docks, driveways, covered walkways, outdoor play courts (tennis, basketball,
etc.), parking, open-air stairwells, breezeways, interstitial plenum space between floors
(which house pipes and ventilation), or crawl spaces.
“High Performance Building” means aA Property that submitted a Benchmarking Report
for its most recent benchmarking compliance deadline and either (i) achieved a
Verified ENERGY STAR Score of 80 or greater or (ii) has been achieved ENERGY STAR
(iii) achieved LEED® Existing Building Certification for three (3) of five (5) preceding
years.
“LEED Existing Building Certification” means a Property that has been certified under the
US Green Building Council LEED V4 or greater Building Operations and Maintenance
(O+M) program.
“Industrial Occupancy” means any building or portion thereof classified under
occupancy groups F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and H-5
(“High Hazard”) under California Code of Regulations Title 24 Section 302 (2016) as
amended.
“Mechanical Equipment” means centralized building systems or devices, that are fixed in
a location for uses associated with structures, and relating to water use, drainage,
heating, ventilating, air conditioning, and similar purposes.
“Nonresidential Property” means a Property other than a Multifamily Property or part
thereof rused for purposes other than human habitation.
“Owner” means aAn individual, individuals, or entity possessing title to a Property, the
board of directors, or managing partners in the case of a cooperative apartment
corporation, association, or partnership, or a master tenant in a triple net lease
arrangement, or the authorized representative thereof.
“Previous Baseline Year” means a Covered Property's first year submitting a
Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicably, or,
occupancy, other than a condominium project as described in section 4125 or 6542 of
California Civil Code, that received energy from a utility during any period. Two or more
Properties on the same parcel, campus, or site that are served by one common energy
meter without submetering, such that their energy use cannot be tracked individually,
be considered one Property.means any of the following:
1. A single building;
“Significant Common Load” means a multifamily residential with Master Metering,
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Mechanical Equipment or where the total non-rentable portion of the Gross Floor Area
property consumes on-site, regardless of the source, as calculated by ENERGY STAR®
Portfolio Manager®. It includes energy purchased from the grid or in bulk (which are the
amounts on utility bills), as well as renewable energy generated and consumed on -site
such as from solar and wind (excess renewable energy generated on-site and sold to the
utility is excluded from site energy use).
“Site EUI” or “Site (Energy Use Intensity)” means the Site Energy Use divided by the
Property's Gross Floor Area as calculated by ENERGY STAR Portfolio Manager..
“Site EUI-WN" or “Site Weather-normalized Site Energy Use Intensity" means the
weather-normalized Site EUI.
“Source Energy Use” means the total amount of energy from raw fuel, measured in kBtu
per year, that is required to operate a property, as calculated by ENERGY STAR Portfolio
Manager. In addition to what the property consumes on-site, Source Energy Use
includes losses that take place during generation, transmission, and distribution of the
energy.
“Source EUI” or “Source (Energy Use Intensity)” means the Source Energy Use divided
by the Pproperty's Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®.
“Source EUI-WN" or “Weather-normalized Source Energy Use Intensity" means the
weather-normalized Source EUI.
“Verified Benchmarking Report” means an Energy Report based on data that has been
verified by an Energy Professional.“Source Energy Use” means the total amount of raw
fuel that is required to operate a property, as calculated by ENERGY STAR® Portfolio
Manager®. In addition to what the property consumes on-site, Source Energy Use
includes losses that take place during generation, transmission, and distribution of the
energy.
"Verified ENERGY STAR Score" or “Verified ENERGY STAR Report” means an ENERGY
STAR Score or ENERGY STAR Report based on data that has been verified by an Energy
ProfessionalProfessional Engineer (PE) or Registered Architect (RE).
D. Benchmarking Requirements. Owner shall Benchmark in accordance with the
following on or before the compliance deadlines specified in Section
15.2662.0150(G)(1):
(1) Establish an ENERGY STAR Portfolio Manager account (if Owner has not already
done so), add Covered Properties, completeing all required fields (if Owner has not
already done so), and maintain current all required fields.
(2) Annually collect data , according to the schedule set forth in Section
15.25.050(F)(1)(a) related to the property's total energy usage for the entire prior
calendar year in accordance to the latest guidance under the California Building
Energy Use Data Access, Benchmarking, and Public Disclosure RequirementsBuilding
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Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California
(3) Annually submit an energy Bbenchmarking Report to the Conservation Section report
according to the schedule set forth in Section 15.25.050(F)(1)(a). The energy
Bbenchmarking Rreport shall be submitted in a manner prescribed by the
Conservation Sectiongenerated using ENERGY STAR Portfolio. by responding to the
Conservation Section’s designated Data Request for the appropriate compliance
year.
(4) Benchmarking Reports shall at minimum include the following:
a. Descriptive Information. Basic descriptive information to track and report a
property’s compliance with this Chapter, including, but not limited to, the
property address(es), Gross Floor Area, property floor areas (building and
parking), property name (if any), property type, year(s) built, open “comments”
filed for additional information about the property, ENERGY STAR Portfolio
Manager property ID, percentage of space occupied (occupancy), number of
occupants, number of buildings (if served by one common energy meter without
submetering), and the individual or entity responsible for the Benchmarking
Report; and
b. Energy Information. Information necessary to Benchmark Energy usage shall be
determined by the Conservation Section and shall include, at a minimum, the
following information and derivatives thereof:
i. The ENERGY STAR Portfolio Manager ENERGY STAR Score for the property,
and ENERGY STAR certification status, where available; and
ii. The Weather-normalized Site Energy Use Intensity and Weather-normalized
Source Energy Use Intensity weather-normalized Site and Source Energy Use
(kBTU) and Energy Intensity (EUI) per unit area per year (kBTU per square foot
per year) for the property; and
iii. The Site Energy Use Intensity and Source Energy Use Intensity Site and
Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area per
year (kBTU per square foot per year) for the property; and
vi. The annual carbon dioxide equivalent emissions due to Energy use for the
Property as estimated by ENERGY STAR Portfolio Manager; and
vii. Monthly and/or annual peak electricity demand; and
viii. Total greenhouse gas emissions; and
ivv. Monthly and annual Site Eenergy Uuse by energy type and share of energy
use supplied by on and off-site renewables.
(5) Starting in 20263, Owners may be assessed an annual Benchmarking Filing Fee to
recover the costs of implementation, enforcement, administration and infrastructure
for this Section. The City Manager may adjust the Benchmarking Filing Fee annually.
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(66) Owners shall run the Data Quality Checker available within ENERGY STAR
Manager and shall correct all missing or incorrect information as identified by
ENERGY STAR Portfolio Manager prior to submitting the Benchmarking Report to the
City.
(7) Data Verification. Property Owners shall self-certify and provide third-party data
verification for the Baseline Year and during designated compliance years to verify and
ensure that the Benchmarking Report components are complete and accurate. Self -
certifications and third-party data verifications shall be submitted through ENERGY STAR
Portfolio Manager tool.
a. Building Owners shall self-certify their reporting data every year.
b. Baseline Year data and data used to demonstrate compliance with the Conservation
Requirements shall be verified by a qualified third-party qualified Energy
Professional.
(87) Exemptions and Extensions forom Benchmarking Requirements.
a. The Owner may receive an exemption from filing a Benchmarking Report and
remitting the Benchmarking Filing Fee for a reporting year, subject to Conservation
Section approval, by submitting evidence in accordance with guidelines set forth b y
the Conservation Section that any of the following conditions apply:
i. The entire Property did not have a Certificate of Occupancy or Temporary
Certificate of Occupancy for at leastmore than half of the calendar year for
which reporting is required to be Benchmarked;;
ii. The building is scheduled to be demolished one year or less from the
reporting date;date;
iii. Mobile home parks with less thant 50,000 gross square feet of building space
and less than 17 separate residential accounts of each energy type.
ii. The entire Property was not occupied, due to renovation, for at least half
of the year to be Benchmarked; or
(1) Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard
copy to their most recent Benchmarking Report to:
a. Existing tenants and current owners with an interest of 5% or more, within 90
days of annual Benchmarking compliance deadline.
b. Prospective buyers prior to close of sale and prospective tenants prior to lease
signing or lease renewal.
(2) Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall provide
Energy Audit and Retro-Ccommissioning Reports produced for compliance with
Section Sections 15.62.010(F)(3) and 15.26.05015.62.010(F)(4), asif applicable, to all
existing residential and non-residential tenants and current owners with an interest
of 5% or more within 90 days of the Conservation Requirements compliance deadline
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and to prospective buyers prior to close of sale and prospective tenants prior to
lease signing. Owners shall confer with any nonresidentialnon-residential tenants
that pay utility costs, identifying energy efficiency investment opportunities and
assessing the potential for mutually beneficial co -investment arrangements in
accordance with procedures established by Conservation Section within 180 days of
the Conservation Requirements compliance deadline.
(3) Disclosure of Conservation Requirements to Prospective Buyers. In addition to any
disclosure requirement required by law, any Agreement of Sale for real property in the
City shall include the following disclosure:
“Buyer is aware that the City of Chula Vista has adopted requirements for
building energy benchmarking and performance of different types of buildings .
The requirements can be found in Chula Vista Municipal Code Chapter 15.62. For
more information on which types of buildings are required to comply with
energy benchmarking and performance standards, Buyer is advised to contact
the City of Chula Vista Conservation Section.”
For purposes of this section, agreement of sale shall mean any agreement or written
instrument which provides that title to any property shall thereafter be transferred
from one owner to another owner.
(43) Public Disclosure. The City will make data public.
a. The Conservation Section shall make the following information available to the
public on the internet, as reported by Owners, and update the information at
least annually:
i. Summary statistics on overall compliance with this Section; and
ii. Summary statistics on overall energy consumption of Covered Properties
subject to this Section derived from annual benchmarking reports; and
iii. For each building subject to this Section:
1iv. Address and property use type(s); and
2v. Annual summary statistics derived from the submitted benchmarking
report, including all information required under Section
15.26.05015.62.010(D)(4) and the California Building Energy Use Data
Access, Benchmarking, and Public Disclosure Requirements..
b. Exemption. For a Covered Property with fewer than three active utility accounts
of any energy type serving the property, one of which belongs to the Owner,
where the other utility customer, if applicable, has consented to the provision of
data to facilitate public dis closure, energy data, including the ENERGY STAR Score
will not be made public if the Conservation Section grants the Owner’s request for
determination that disclosure of the Property Owner's energy use data would
result in the release of proprietary information that can be characterized as a
trade secretProperties with more than half of Gross Floor Area used for Industrial
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Occupancy are exempt from the Public Disclosure requirements (Section
c. The Conservation Section shall transmit to the California Energy Commission all
information that is publicly disclosed for a calendar year by August 1 of the
following year.
F. Conservation Requirements. Covered Properties must meet either the Performance
Target Compliance Requirements (Section 15.62.010(F)(1)), or,or the Provisional
Compliance Requirements (Section 15.62.010(F)(2). Conservation Requirements
apply according to the compliance deadlines specified in Section
15.26.05015.62.010(G). Properties meeting the requirements for a High
Performanceing Building (Section 15.26.05015.62.010(C)) are exempt from all
requirements in Section 15.26.05015.62.010(F) for 10 years.
(1) Multifamily properties are subject to the Multifamily Prescriptive Measure
using Verified ENERGY STAR Reports, that:
a. Property has decreased its Site EUI-WN from the Baseline Year by at least the
Improvement Target corresponding to the Baseline Year ENERGY STAR Score
in Table 15.26.05015.62.010(F)(13)(a) below from Baseline Year;
b. Or, if Property was not eligible for an ENERGY STAR Score in the Baseline
Year, Property has reduced its Site EUI-WN from the Baseline Year by at least
the Improvement Target corresponding to the Baseline Year Site EUI-WN in
Table 15.62.010(F)(1).
Table 15.26.05015.62.010(F)(13)(a)
Example: A Property in Tier 2 has a Verified Site EUI-WN of 60 and a
corresponding Improvement Target of a 20% reduction in Site EUI-WN. Thus, it
must reduce its Site EUI-WN by 12 kBtu/sf/yr (20% of 60), to achieve a Site-EUI-
WN of 48.
b. Or if Property was not eligible for an ENERY STAR Score in the baseline
year, Property has reduced its weather-normalized Site EUI by at least the
Improvement Target in Table 15.26.050(F)(3)(b) below from Baseline
Year.
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c. Tables 15.26.05015.62.010(F)(1)3)(a) and 15.26.050(F)(3)(b) shall be
Section subject to City Council approval.
(24) Provisional Compliance Requirements. Covered Properties must meet the
requirements of Sections 15.62.010(F)(2)(a) and 15.62.010(F)(2)(b) below.
a. Interim Performance Targets. File Verified ENERGY STAR Reports
demonstrating that the property has decreased its Site EUI-WN by at least
50% of the Improvement Target in Table 15.62.010(F)(1) from Baseline Year
by the interim target filing deadline and by at least 100% by the final target
filing. Interim and final target compliance filing deadlines are specified in
Table 15.62.010(G).
Exception to Interim Performance Targets: Properties with a Baseline Year
Verified ENERGY STAR Score of 66 or higher, or properties ineligible for an
ENERGY STAR Score with a Baseline Year Site EUI-WN of 50 or less.
b. Retro-Commissioning, Audits and Conservation Measures. Multifamily
Properties shall comply with either Section 15.62.010(F)(2)(b)(i) or (ii) below.
All other Properties shall comply with Section 15.62.010(F)(2)(b)(i) below.
i. Retro-Commissioning. Audit Requirement. Every five (5) years an Energy
Audit and Retro-Commissioning shall be performed in accordance with
the following specifications.
Exception to 15.62.010(F)(2)(b)(i): In lieu of Retro-Commissioning, an
Energy Audit shall be performed, and an Audit Report shall be submitted
no later than the compliance filing deadline specified in Table
15.62.010(G), and in accordance with the specifications herein if the
property meets, and the Conservation Section concurs that the property
meets, any of the following criteria:
1. Has less than 50,000 square feet of Conditioned Floor Area;
2. Has no existing Centralized Mechanical Equipment;
3. Does not have digital controls in place that are reparable or in good
working order in the opinion of an Energy Professional;
4. Has experienced major changes in operations during prior six months
or plans to make major changes in the following year.
ii. Energy Conservation Measures. File documentation no later than the
compliance filing deadline specified in Table 15.62.010(G) demonstrating
that the required conservation measures specified in Section
15.62.010(F)(7) have been installed in all dwelling units.
Exception to Section 15.62.010(F)(2)(b): Multifamily Properties of Year Built
after 2005.
Exemption: Owners are not required to complete retrofit measures identified or
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recommended in the most recent audit report for meeting the Minimum
conducted in conformance with the current ASHRAE Standard 211 “Commercial
Building Energy Audits”, as applicable, atapplicable, at the time the Energy Audit is
Energy Audits shall be signed and performed directly by, or under the direct
supervision of, an individual whose job duties do not regularly occur at the Property
and who possesses one or more of the certifications specified in Table
15.62.010(F)(5)or5) or other qualifying certifications as specified by the
Conservation Section.
(4) ii. Retro-Commissioning Specifications. Retro-Ccommissioning requirements
shall be performed in accordance with industry standard practices, including
current ASHRAE Guideline 0.2 “Commissioning Process for Existing Systems and
Assemblies” at the time the Retro-Commissioning is initiated.
Retro-Commissioning shall be performed directly by, or under the direct
supervision of, an individual whose job duties do not regularly occur at the
Property and possesses one or more of the certifications specified in Table
15.62.010(F)(5) or other qualifying certifications as specified by the Conservation
Section.
1. Applicability. Retro-commissioning requirements shall apply to properties
that meet all of the following:
a. Heating, ventilation, air conditioning (HVAC) systems and controls; and
b. Indoor lighting systems and controls; and
c. Water heating systems; and
d. Renewable energy systems.
iii. Audit Professional Qualifications. Audits shall be signed and performed
directly by or under the direct supervision of, an individual whose job duties
do not regularly occur at the Property and who has two or more years of
auditing experience and possesses one or more of the certifications specified
in Table 15.26.050(F)(4)(v) or other qualifying certifications as specified by
the Conservation Section.
Table 15.26.05015.62.010 (F)(54)(v) Qualifying Professional Certifications
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(vi.6) Energy Audit and Retro-Commissioning Report Specifications. A report
reports) of the Energy Audit orand Retro-Commissioning (where as applicable),
and signed by a qualified Energy Audit pProfessional or and qualified Retro-
Commissioning pProfessional, shall be submitted electronically to the
Conservation Section via the Conservation Section’s designated Audit Report
Template, or via other means as specified by the Conservation Section.
Completed Reports shall include all items designated as required, including but
not limited to the following:
a1. The date(s) that the Energy Audit and Retro-Commissioning (asif applicable)
were performed; and
b2. Identifying information on the auditor provider (and or Retro- Commissioning
provider if applicable); and
c3. Information on the Bbase bBuilding sSystems and equipment; and
d4. A list of retrofit measures available to the Owner that can reduce energy use,
and/or cost of operating the Property including:
ia. costs of each measure; and
iib. an estimate of the energy and operating cost savings associated
with each measure; and
iiic. simple payback of each measure.; and
d. identification of at least 2 contractors able to perform measure.
f6. Identification or recommendation of measures needed to meet applicable
Performance Targets or Interim Performance Target; and
7. Identification or recommendation of measures needed to meet Minimum
Improvement, if applicable.
h9. If applicable, a list of all the Retro-Commissioning process activities
undertaken and Rretro- Ccommissioning measures completed; and
i10.A list of all retrofit measures taken (if applicable); and
j11. Functional performance testing reports (if applicable); and
k12. Operational training conducted (if applicable); and
l13.Attestation that an ASHRAE Llevel 2 Energy Audit orand (if applicable)
ASHRAE 0.2 Retro-Commissioning process (as applicable) were conducted.
(5) Minimum Improvement. Every ten (10) years properties must demonstrate that:
b. Or, if Property was not eligible for an ENERY STAR Score in the Previous Baseline
Year, Property has decreased its Site EIU-WN by at least the Mandatory
Minimum Improvement in Table 15.26.050(F)(5)(b) below from the Previous
Baseline Year.
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c. Tables 15.26.05015.62.010(F)(5) (a) and 15.26.050(F)(5)(b) shall be updated
subject to City Council approval.
d. Exemption: Owners are not required to complete retrofit measures identified or
recommended in the most recent audit report for meeting the Minimum
Improvement (per Section 15.26.050(F)(4)(a)(vi)(7)) if those me asures have a simple
payback greater than 13 years, or have a payback period that exceeds the expected
useful life of the retrofit measure. If all measures identified per Section
15.26.050(F)(4)(a)(vi)(7) having a simple payback of 13 years or less, and ha ving an
expected useful life that is longer than the payback period, are completed, the
Mandatory Minimum Improvement percentage in Table 15.26.050(F)(5)(a) or Table
15.26.050(F)(5)(b), as applicable, is waived.
(76) Multifamily Prescriptive Measures. To satisfy the Energy Conservation
Requirements in Section 15.62.010(F)(2)(b)(ii), MMultifamilyy Residential
Properties of a Year Built prior to 2006 constructed prior to 2006 must perform
the minimum number of measures required in Table 15.25.050(F)(76)(a) within
all tenant spaces where utility costs are borne by tenants dwelling units. Owners
may choose any applicable measures from Table 15.25.050(F)(76)(b). Measures
already in place shall count towardtowards satisfying the minimum number of
measures. Where a measure is not applicable it shall count toward satisfying the
minimum number of measures.
Table 15.26.05015.62.010(F)(76)(a)
Table 15.26.05015.62.010(F)(76)(b)
Measure
Name
Description
R-38 Attic
Insulation
Install attic insulation to achieve a weighted assembly U -factor of
0.025 or less, or insulation installed at the ceiling level shall
havewith a thermal resistance of R-38 or greater for the insulation
alone. Recessed downlight luminaires in the ceiling shall be covered
with insulation to the same depth as the rest of the ceiling.
Luminaires not rated for insulation contact must be replaced or
fitted with a fire-proof cover that allows for insulation to be
installed directly over the cover Add attic insulation in buildings with
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For two measure credits:
For two measure credits:
(87) Amortization of Pass-through Costs. Where lease terms allow owners to pass
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on the costs of complying with this section to lessees, should Owner choose to
do so, those costs may not be passed through in bulk. InsteadInstead, they shall
be amortized as follows:
a. Audit rRequirement costs shall be amortized over a period of no less than five
(5) years.
b. Retro-Commissioning costs shall be amortized over a period of no less than ten
(10) years.
cb. Costs of measure implementation shall be amortized over a period of no less
than the expected useful life of the measure.
(98) Extensions, Exceptions, and Adjustments from Conservation Requirements.
The Conservation Section may, at its sole discretion, grant an extension,
adjustment, or exemption to one or more of the Conservation Requirements .
Exemptions. The following exemptions apply to the Conservation Requirement:
a. The Property has been occupied less than five (5) years;
b. The Property is in Financial Distress;
c. The building is scheduled to be demolished one year or less from the
reporting dateA demolition permit for the entire Property has been issued
and demolition work has commenced;
d. The Property has not previously been subject to the Benchmarking
Requirement;.
e. The Property includes loads that are not accurately represented in the ENERGY
STAR Score or Site EUI-WN, such as energy storage;
f. The Owner has made a good faith effort to comply;
g. The Owner is unable to achieve compliance due to technical infeasibility.
()
G. Compliance Schedule. Compliance filing deadlines for the requirements of this section
detailed in Table 15.26.05015.62.010(G) below. The Conservation Section may grant an
extension of time of up to sixty (60) days to file any submittal required by this Section
upon request in writing. The Conservation Section may grant an additional extension up
to one hundred eighty (180) days upon an application demonstrating evidence of
substantial hardship.
Table 15.26.05015.62.010(G) Compliance Deadlines
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–
–
H. Record Maintenance. The Owner shall maintain records related to Benchmarking,
Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but
not limited to, the Energy and water bills and reports or forms received from tenants
and/or utilities. Such records shall be preserved for a period of five years. When the
Property is sold, copies of the records shall be given to the new Owner. Ownership of
the property in Portfolio Manager must also be transferred to the new owner.
I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this section. Owner shall be subject to the
following remedies and enforcement measures:
(1) A Notice of Failure to Comply shall be issued to the Owner specifying the provisions
violated and including an order to correct outlining steps necessary to bring Property
back under compliance; and
(2) On the 60th day following issuance of a Notice of Failure to Com ply, the following
may be issued.
a. Monetary Fines. Monetary fines may be levied each month the property is not in
compliance with the requirements. The amount of the monthly fine shall not
exceed up to the amounts shown in Table 15.26.05015.62.010(I)(2)(a) on a per
incident basis depending on Property GFA.
Table 15.26.05015.62.010(I)(2)(a) Maximum Monthly Fine Amounts
Property Size (square feet) Amount Per
Incident
20,000-49,999 GFA Up to $750
50,000-99,999 GFA Up to $1,500
100,000+ GFA Up to $2,250
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b. Public disclosure of non-compliance.
(3) Monetary penalties for non-compliance shall be waived until January 1, 20263.
(4) Monetary penalties may be waived for properties where the owner(s) demonstrates
good faith effort to comply.
J. Implementation Authority.
The City ManagerConservation Section may adopt rules and regulations for the
implementation of this section including, without limitation, the following: amending the
requirements to align with the California Building Energy Use Data Access, Benchmarking,
and Public Disclosure Requirements; authorizing alternatives to the ENERGY STAR Portfolio
Manager, the ENERGY STAR Score, and associated metrics if they become no longer
available; extending Conservation Requirement compliance deadlines; establishing
processes for alternative compliance, extensions, and exemptions to the Conservation
Requirements; updating audit and retro-commissioning standards and qualifications; setting
and modifying normalization factorssupplementing ; and amending the list of qualified
measures set forth in table 15.26.05015.62.010(F)(76)(b) as new energy efficient
technologies or materials are developed or as minimum State or Federal standards change.
The Conservation Section has the authority to administer the requirements of this section,
including, without limitation, the following: accepting or rejecting filings; .accepting or
rejecting requests for exemptions, extensions and adjustments; modifying the Baseline Year
and/or the Baseline Year metrics for any particular Property; levying fines in accordance
with Section 15.62.010(I)(2); waiving or reducing fines ; and disclosing information in
accordance with this Section.
K. Compliance with State of California Requirements. It is the intent of the Benchmarking
Requirements that, if the executive director of the California Energy Commission
determines that the Benchmarking Requirements fulfill the requirements of the
California Building Energy Use Data Access, Benchmarking, and Public Disclosure
Requirements, any building that complies with the Benchmarking Requirements in a
given calendar year is exempt from compliance with section 1683 of the California
Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements for
that year.
In the event that there is a conflict between the requirements of Chula Vista Municipal
Code 15.62.010 and of the California Building Energy Use Data Access, Benchmarking,
and Public Disclosure Requirements, the stricter shall prevail.
The City shall transmit to the Energy Commission all information that is publicly
disclosed for a calendar year by August 1 of the following year.
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
Formatted: Not Highlight
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24
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 adopt ed 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 on the latter to occur of the following: the 90th day after its
final passage, and approval by the executive director of the California Energy Commission.
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]
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Local Adoption of the 2025 CA
Building and Fire Codes
1
City Council
Item 7.1
November 4, 2025
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Adoption Process Page 468 of 482
City of Chula Vista - City Council
November 4, 2025 Post City Council Agenda
Part 1 California Administrative Code (CAC)
Part 2 California Building Code (CBC)
Part 2.5 California Residential Code (CRC)
Part 3 California Electrical Code (CEC)
Part 4 California Mechanical Code (CMC)
Part 5 California Plumbing Code (CPC)
Part 6 California Energy Code (CEEC)
Part 7 California Wildland-Urban Interface Code
Part 8 California Historical Building Code (CHBC)
Part 9 California Fire Code (CFC)
Part 10 California Existing Building Code (CEBC)
Part 11 California Green Building Standards Code (CALGreen)
Part 12 California Referenced Standards Code
CCR Title 24 –California Building Standards CodePage 469 of 482
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Local Adoption & Assembly Bill 130
Assembly Bill 130
Restricts local amendments to Residential Building Standards between
October 1, 2025 –June 1, 2031
Substantially Equivalent to change previously filed
Related to Home Hardening
Emergency Standards
Necessary to Align with General Plan
Administrative Changes
Local Adoption
Local Amendments must be more restrictive
Local Amendments based on:
Geological, Topographic, Climatic, Environmental Conditions
Local Ordinances filed with the CA Building Standards Commission
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Administrative Amendments
15.06 Administrative Provisions for the Technical Building Codes
No Amendments
15.10 Referenced Standards Code
15.14 Existing Building Code
15.16 Mechanical Code
Re-Adoption of Existing Amendments
15.12 Green Building Standards Code
15.24 Electrical Code
15.28 Plumbing Code
15.36 Fire Code
Update Referenced Appendices and Sections to Align with 2025 Code
15.08 Building Code
15.09 Residential Code
Proposed Local Amendments Page 471 of 482
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15.38 Wildland-Urban Interface Code
Amendments added definitions for the Moderate Fire Hazard Severity
Zone (MFHSZ)&Special Designated Vegetation Management Area
(SDVMA)
Ch. 5 "Home Hardening" requirements amended to apply to both MFHSZ
&SDVMA, which aligns with the Fire Hazard Severity Zone Map Ordinance
15.26 Energy Code
Relocation of 15.26.050 -Mandatory benchmarking and
conservation requirements for multifamily and commercial buildings, to
15.62
Next phases of requirements need clarification
Proposed Local Amendments Page 472 of 482
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CVMC Chapter 15.62
15.62 Mandatory benchmarking and conservation requirements for
multifamily and commercial buildings
Background:AB 802 (2015)
Buildings 50,000 sf or larger must benchmark and publicly disclose energy
performance beginning 2018
CV Ordinance 3498 (2021)
Supports 2017 Climate Action Plan goals
Extends benchmarking to 20,000 sf or larger beginning 2022
Requires improvements as early as 2028
Key updates
Extends compliance deadlines
Requires multifamily to either install measures OR perform audits/retro-
commission (previously required both)
Eliminates a recurring audit/retro-commissioning requirement (once only)
Clarifies data verification process
Clarifies that fines assessed monthly and adds exception for "good faith" efforts
Aligns audit specification to ASHRAE Level 2
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RECOMMENDATION
Place ordinances on first reading amending Chula Vista Municipal Code Chapters
15.06 (Administrative Provisions for the Technical Building Codes),15.08 (Building
Code),15.09 (Residential Code),15.10 (Referenced Standards Code),15.12 (Green
Building Standards),15.14 (Existing Building Code),15.16 (Mechanical Code),15.24
(Electrical Code and Regulations),15.26 (Energy Code),15.28 (Plumbing
Code),15.36 (Fire Code),15.38 (Wildland-Urban Interface Code),and 15.62 (Energy
Benchmarking and Conservation Requirements for Multifamily and Commercial
Buildings).(First Reading)
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v . 0 0 5 P a g e | 1
November 4, 2025
ITEM TITLE
Discussion and Potential Direction to Staff Regarding the Frozen/Funded Administrative Secretary Position
Assigned to the Offices of Mayor and Council
Report Number: 25-0276
Location: No specific geographic location.
Department: City Manager
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
Discuss and provide direction to City staff regarding the frozen/funded Administrative Secretary (Mayor, At
Will) position authorized in the City Council budget.
SUMMARY
At the October 21, 2025 Council Meeting staff was directed to agendize for discussion the frozen/funded
Administrative Secretary (Mayor, At Will) position authorized in the City Council budget.
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.
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DISCUSSION
At the October 21, 2025 Council Meeting staff was directed to agendize for discussion the frozen/funded
Administrative Secretary (Mayor, At Will) position authorized in the City Council budget.
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 Councilmember, 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 associated with this discussion.
ONGOING FISCAL IMPACT
There is no fiscal impact associated with this discussion.
ATTACHMENTS
None.
Staff Contact: Courtney Chase, Deputy City Manager
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MEMORANDUM
WESTERN CHULA VISTA ECONOMIC DEVELOPMENT
SUBCOMMITTEE
1 of 1
To: Honorable Mayor and Members of the City Council
From: Councilmember Cesar Fernandez and Councilmember Jose Preciado
Date: October 31, 2025
Subject: Western Chula Vista Economic Development Subcommittee Report and
Recommendations
As representatives of the people of Chula Vista, we are committed to ensuring that our
city remains a vibrant place to live, work, and visit. Through the Western Chula Vista
Economic Development Subcommittee, we have worked to honor the unique character
of this part of our community while strengthening its economy and ensuring that new
investments provide broad benefits.
Based on this work, we present the following insights and recommendations for City
Council review and direction. We also recognize that an Economic Development Strategic
Plan is underway. The Subcommittee’s work can provide valuable analysis as that plan
is finalized and presented to the Council.
Background
On January 14, 2025, the City Council unanimously approved the formation of a
Subcommittee on Economic Development in Western Chula Vista, appointing
Councilmembers Jose Preciado and Cesar Fernandez to serve. Since its inception, the
Subcommittee has convened six meetings to examine economic development
opportunities and challenges in the western portion of our community. The Subcommittee
received presentations and engaged with HR&A, the City’s economic development
consultant supporting the development of an Economic Development Strategic Plan, from
Spicer Consulting Group and BBK on special districts, and from staff on small business
engagement efforts.
By focusing on economic development in Western Chula Vista, we can advance broader
economic activities and programs that benefit the ent ire city. With the Bayfront
transforming through catalytic projects and surrounding neighborhoods experiencing
change, this process created an opportunity for focused discussion and produced a set
of insights and recommendations for the City Council’s consideration.
Build Capacity for Data-Driven Economic Development
Strong decision-making requires accurate and accessible data. Economic development
depends on robust information that can identify opportunities, measure impact, and guide
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investments. Chula Vista is not a homogenous community; it is made up of distinct
neighborhoods and corridors, each with its own characteristics and demographics.
Western Chula Vista has unique strengths and challenges that require careful attention.
By building stronger data capacity, the City can better understand these differences and
ensure that decisions are informed, transparent, and equitable, reflecting the needs of all
residents and businesses across the city.
Recommendations:
Enhance the City’s capacity for data collection and analytics for economic
development.
Consider investments in data analytics that support business organizations and
address the diverse realities of small, minority-owned, women-owned, veteran-
owned, and emerging enterprises across Chula Vista.
Advance opportunities for data-driven economic development in the City’s
Economic Development Strategic Plan so that policies and investments are guided
by measurable insights that strengthen performance and accountability.
Support Small Businesses and Vibrant Business Districts
Small businesses are the backbone of the Chula Vista economy and vital to the western
part of the city. From shops and restaurants to services and entertainment, these
businesses shape community character and drive local prosperity. In 2024, the City
Manager convened a Small Business Advisory Committee to gather input from the small
business perspective. This input is informing the development of the City’s Economic
Development Strategic Plan, which is anticipated to be presented to the City Council in
early 2026. The Subcommittee reviewed the work of this committee with particular
attention to Western Chula Vista. A central theme that emerged was the importance of
clear government processes, investment in business districts, and a safe environment to
support the success of both brick-and-mortar businesses and the service economy.
We see a strong opportunity to strengthen Chula Vista’s small business ecosystem by
emphasizing excellence in service and hospitality. Programs that help business owners
and employees upskill in customer experience, hospitality, and service delivery can
elevate the city’s reputation as a welcoming and high -quality destination. These efforts
not only support local pride and repeat visitation but also create a competitive advantage
for small businesses in a regional market.
We further recommend expanding access to professional learning and network -building
opportunities for diverse entrepreneurs, including small, women-owned, veteran-owned,
and minority-owned businesses. By partnering with small business focused national
organizations, educational institutions, and regional organizations, the City can help
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support access to resources, training, and mentorship that enable all business owners to
thrive.
We emphasize the value of a community-scale approach to economic development,
specifically through business districts that recognize the unique character and needs of
each area. The Downtown Chula Vista Association has demonstrated the effectiveness
of this model by fostering a district that is both economically strong and culturally
meaningful. Supporting such districts requires sustained investment in placemaking,
special events, and thoughtful use of public spaces to create a welcoming and dynamic
environment. Current efforts, including draft regulations on outdoor dining, street vending,
and food trucks, will further guide how public spaces contribute to vibrant business
activity. We support the work of the Outdoor Dining Subcommittee and recommend that
the City Council consider opportunities for placemaking and activation. Building on the
success of Downtown, we further recommend extending this focus to other key corridors,
including Broadway, Main Street, and the southern portions of Third Avenue between
Oxford Street and Orange Avenue. This will ensure they also benefit from strategies that
strengthen identity, attract customers, and serve both residents and visitors.
Recommendations:
Consider opportunities to support business districts through tools such as a
Community Benefit District and related policies that advance community-scale
economic development and strengthen vibrant corridors.
Expand the focus to additional corridors, including Broadway, Main Street, and
Third Avenue between Oxford Street and Orange Avenue.
Advance opportunities to enhance tourism by working with Western Chula Vista
businesses and leveraging Bayfront developments through the Economic
Development Strategic Plan so that local districts and neighborhoods benefit from
increased visitation, stronger identity, and reinvested resources that serve the
entire city.
Advance opportunities to support small businesses, business districts, and
inclusive growth in the development of the City’s Economic Development Strategic
Plan so that entrepreneurs across all sectors and backgrounds are better
positioned to access the tools, networks, and supportive conditions that foster
success.
Develop Strategies to Support Tourism that Benefits All
Western Chula Vista is home to assets that position our city as a regional and national
destination. The Gaylord Pacific Resort and Convention Center on the Bayfront is already
drawing visitors to Chula Vista, and with several new hotel projects underway and
amenities such as Sesame Place, the North Island Credit Union Amphitheatre, and the
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Living Coast Discovery Center, the city is poised for continued tourism growth. To
maximize these opportunities, the City should collaborate with the Gaylord resort, the
Downtown Chula Vista Association, and local businesses to conne ct guests with
authentic Chula Vista experiences, while ensuring that the benefits of tourism are
equitably shared across neighborhoods and business districts. Stronger connections
between the Bayfront and Western Chula Vista, such as through the Bayfront Shuttle,
can help direct visitors into local districts, generating new streams of customers for small
businesses and strengthening our identity as a dynamic destination. Together, these
assets position Chula Vista as a growing regional destination with the potential to attract
even more visitors and investment.
The city should also consider how the resources generated by the tourism industry can
be used to support the communities in Western Chula Vista and the city as a whole.
Recommendations:
Consider opportunities to advance the economic and community benefit of the
Gaylord Pacific Resort, the Bayfront, and the broader tourism industry by
developing strategies that support tourism growth and generate Transient
Occupancy Tax (TOT) revenues that can be reinvested to strengthen Chula Vista
neighborhoods and assist in achieving city priorities.
Enhance connections between the Bayfront and Western Chula Vista through
efforts such as the Bayfront Shuttle, giving visitors an authentic Chula Vista
experience and linking them to local business districts.
Advance opportunities to enhance tourism by working with Western Chula Vista
businesses to leverage existing and future Bayfront developments, supporting
vibrant districts and neighborhoods while generating resources that benefit the
entire city through the Economic Development Strategic Plan.
Strengthen Chula Vista as a Destination for Sports and Sports Tourism
Chula Vista has a proud tradition of championship-winning youth teams, successful sports
programs, and homegrown athletes who have gone on to compete in Major League
Baseball, rugby, rowing, the NFL, the UFC, and international soccer. The Chula Vista
Elite Athlete Training Center further distinguishes our community as a home for
Olympians and elite athletes preparing for global competition.
This combination of local success, professional achievement, and international -caliber
training makes Chula Vista a natural hub for sports. As the Port of San Diego considers
proposals that could further elevate our profile, Chula Vista should actively position itself
as a premier destination for sports, elite athletes, and sports tourism. Importantly,
equitable access to sports facilities and programs must remain a priority so that all youth
and families benefit.
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Recommendations:
Consider opportunities to create synergies with the Elite Athlete Training Center to
strengthen tourism and sports attraction.
Enhance the city’s position as a place with championship-winning youth teams,
successful sports programs, and homegrown athletes.
Advance opportunities to strengthen sports tourism and sports-related businesses
in the City’s Economic Development Strategic Plan so that Chula Vista can build
on its assets, attract regional and national events, and grow as a premier
destination.
Conclusion
The work of the Western Chula Vista Economic Development Subcommittee is now
complete. We are grateful for the opportunity to focus on this vital part of our city and to
bring forward recommendations that reflect both the character and the potential of
Western Chula Vista and the City as a whole. We firmly believe that by uplifting Western
Chula Vista, these recommendations provide a pathway to a more vibrant and prosperous
future for the entire city. As the City advances its Economic Development Strategic Plan,
we urge that these insights be incorporated to ensure that growth is inclusive, equitable,
and beneficial to all residents and businesses.
We also would request that our colleagues on the City Council join us in a set of specific
actions to further our work on Western Chula Vista economic development and support
the city as a whole. These recommendations are focused on building capacity for data -
driven decision-making, creating a tool for vibrant business districts, and accelerating the
opportunities provided by our burgeoning tourism industry in a way that invests in its
growth and reinvests in the community.
Recommended City Council Actions
Direct the City Manager to develop the City’s capacity for data -driven economic
development, including enhanced collection and analysis of demographics,
workforce trends, and business conditions, resulting in accessible dashboards and
visualizations that inform policy and support business growth.
Direct the City Manager to prepare a local special district ordinance, such as a
Community Benefit District ordinance, enabling the creation of such districts
citywide.
Direct the City Manager to develop a Transient Occupancy Tax (TOT) revenue
enhancement proposal for a future election to support tourism in dustry growth and
reinvestment in the community.
Direct the City Manager to return to the Council with an analysis of the resources
necessary to implement the above direction.
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By being intentional today, we can strengthen Western Chula Vista’s identity, su pport its
economic vitality, and position our community as a destination that residents, visitors, and
future generations will take pride in, while ensuring that the benefits extend to the entire
city through stronger neighborhoods, broader economic opportunities, and a more vibrant
Chula Vista for all.
Respectfully submitted,
Councilmember Cesar Fernandez
Councilmember Jose Preciado
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