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HomeMy WebLinkAbout2026/07/28 Agenda Packet Date:Tuesday, July 28, 2026, 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. _______________________________________________________________________________________ Watch the Meeting. City Council meetings may be viewed live or recorded in English or Spanish at chulavistaca.gov/councilmeetings. To view in Spanish, click "ES" at the bottom of the webpage. Closed captioning is available in both languages. Register to Speak In Person or Remotely. Register to speak in person or remotely at https://publiccomment.chulavistaca.gov starting at 8:00 a.m. on Monday before the meeting. In-person speakers may also register at the meeting. Remote speakers must register using the same phone number they will use to call into the meeting; this phone number is used to identify and call on remote speakers during the meeting. Remote participants may call (619) 679-9952 to listen to the meeting and/or await their opportunity to speak. Requests to speak must be submitted before the close of the public comment period for the applicable agenda item or before the close of the general public comment period for non-agenda items. Written Comments. Written comments may be submitted online at chulavistaca.gov/councilmeetings. Written comments may also be submitted by email to cityclerk@chulavistaca.gov. Written comments must be received no later than 12:00 p.m. on the day of a regular meeting or three hours before the start of a special meeting. Time Allotted for Speaking. Speaker time is subject to change by the Presiding Officer or City Council. Individuals using interpretation services will be allotted twice the time otherwise provided. - Consent Calendar, including one or more items: 3 minutes - Agenda Items not on the Consent Calendar: 3 minutes - General Public Comment for matters not on the agenda: 3 minutes General Public Comment. The first seven registered speakers will be heard during the first general public comment period. If additional speakers are registered, they will be heard during the continued general public comment period. If all registered speakers address the City Council during the first general public comment period, there will be no continued period. Agenda Packet and Meeting Materials. The agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings and at the City Clerk's Office. Accessibility, Translation, and Interpretation Assistance. 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. In accordance with applicable state law, the City will also provide reasonable assistance to members of the public who wish to translate the meeting into another language or receive interpretation provided by another member of the public. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308 Regulations. Government Code section 84308 is intended to promote transparency and fairness in governmental decision-making by limiting certain campaign contributions involving proceedings for a "license, permit, or other entitlement for use," as defined in the Political Reform Act. For agenda items subject to these regulations, parties to the proceeding must disclose any campaign contribution over $500, aggregated, made within the preceding 12 months by the party, their agent, or others whose contributions must be aggregated under Government Code section 82015.5. The disclosure must identify the contributor and the amount contributed. An agenda notation stating "G.C. § 84308 Regulations Apply: Yes" means the item is subject to these regulations. Pages City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 2 of 426 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.8) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 4.1 Approve Meeting Minutes 10 RECOMMENDED ACTION: Approve the minutes dated: July 14, 2026 4.2 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. 4.3 Consider Requests for Excused Absences 20 RECOMMENDED ACTION: Consider approving a request to excuse Councilmember Preciado from the July 14, 2026, City Council meeting. 4.4 Community Facilities District: Declare Intention to Form Community Facilities District No. 2025-1 (Village 8 East) 21 Report Number: 26-0184 Location: Located west of State Route 125 and southeast of the intersection of Rock Mountain Road and Magdalena Avenue, as shown on the boundary map Department: Development 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 CEQA Guidelines Section 15060(c)(3), no environmental review is required. City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 3 of 426 RECOMMENDED ACTION: Adopt the following resolutions: Approving the boundaries of proposed Community Facilities District No. 2025-1 (Village 8 East) (“CFD No. 2025-1”), declaring the intention of the City Council to authorize the formation of the proposed CFD No. 2025-1, levy a special tax, and set a time and place for the public hearing; and A. Declaring necessity to incur bonded indebtedness.B. 4.5 Agreements: Approve an Agreement with Southern Counties Oil Co., a CA Limited Partnership DBA SC Fuels, and an Amendment to the Agreement with SC Commercial, LLC DBA SC Fuels for Fuel Supply and Delivery 130 Report Number: 25-0205 Location: No specific geographic location Department: Public Works G.C. § 84308 Regulations Apply: Yes Environmental Notice: The proposed action is not a "Project" as defined under Section 15378 of the State California Environmental Quality Act (“CEQA”) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt the following resolutions: Approving an agreement with Southern Counties Oil Co., a CA Limited Partnership DBA SC Fuels (“SCOC”); and A. Approving an amended agreement with SC Commercial, LLC DBA SC Fuels (“SC Commercial”) to provide motor vehicle fuel supply and delivery. B. 4.6 Active Transportation Program: Authorize the Submittal of a Cycle 8 Grant Application for Bayshore Bikeway - Lagoon Drive to H Street; and Confirm the City’s Assurance to Complete the Projects 164 Report Number: 26-0206 Location: Westerly and parallel to Bay Boulevard between Lagoon Drive and H Street within the inactive railroad corridor for the Coronado Branch Line Railroad Department: Engineering G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 4 of 426 RECOMMENDED ACTION: Adopt a resolution authorizing the submittal of an application for the Active Transportation Program Cycle 8 grant for Bayshore Bikeway Segment 6B between Lagoon Drive and H Street and confirming the City’s commitment to complete this project and enhance the local transportation infrastructure. 4.7 Agreement: Approve an Agreement with Chen Ryan Associates, Inc. to Perform Preliminary Engineering, Environmental Analysis, and Final Design Engineering Services for “F Street Promenade Phase 1” (CIP STL0464) 177 Report Number: 26-0129 Location: F Street corridor between Bay Boulevard and Broadway Department: Engineering G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving a professional services agreement with Chen Ryan Associates, Inc. to perform engineering consulting services for Federal Project ATPL-5203(055): City Project F Street Promenade Phase 1 (STL0464). 4.8 Agreement Amendment: Approve an Amendment to Consultant Services Agreement with I-GSD Management Inc. for Project Management/City Representative Services 314 Report Number: 26-0235 Location: 1775 Millenia Avenue Department: City Manager G.C. § 84308 Regulations Apply: Yes Environmental Notice: The Project is adequately covered in a previously certified Final Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Millenia/Eastern Urban Center, dated September 15, 2009), and incorporated by reference in Resolution No. 2009-223 on September 15, 2009. RECOMMENDED ACTION: Adopt a resolution approving an amendment to a consultant services agreement with I-GSD Management Inc. for project management/city representative services that 1) increases the initial contract (through September 30, 2026) amount by $53,400; and 2) exercises the one-year extension option through September 30, 2027 at $300,000, for a total not-to-exceed amount of $703,400. City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 5 of 426 5.PUBLIC COMMENTS 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. City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 6 of 426 6.BOARD AND COMMISSION REPORTS 6.1 Hear a Presentation from the Board of Ethics Regarding Its Recommendation to Implement an Ex Parte Communication Policy 322 Report Number: 26-0176 Location: No specific geographic location G.C. § 84308 Regulations Apply: No Environmental Notice: The proposed action is not a "Project" as defined under Section 15378 of the State California Environmental Quality Act (“CEQA”) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: The Board of Ethics recommends that the City Council hear the presentation and provide feedback, as appropriate. 7.PUBLIC HEARINGS 7.1 Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 “Gambling” Incorporating Chula Vista Gaming Plan Provisions in Accordance with State Law 336 Report Number: 26-0228 Location: No specific geographic location 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). RECOMMENDED ACTION: Place an ordinance on first reading amending Chula Vista Municipal Code Chapter 5.20 “Gambling” incorporating the Chula Vista Gaming Plan as an appendix in accordance with State law. (First Reading) City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 7 of 426 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. 8.2 Surplus Land Declaration: Declare a Portion of City-Owned Property Surplus Land 368 Report Number: 26-0234 Location: Rancho Robinhood Unit 3, Open Space District Department: City Manager G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution declaring City-owned property “Surplus Land” under California Government Code Section 54221(b)(1). 8.3 City Council Referrals: Presentation on City Council Referrals Related to Events and Associated Policies 373 Report Number: 26-0240 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 State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Receive the staff presentation on recent City Council referrals related to events and associated policies, provide direction to staff, and, as appropriate, direct staff to return with policy recommendations for City Council consideration and adoption. 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 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 8 of 426 12.COUNCILMEMBERS’ REPORTS 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.ADJOURNMENT to the regular City Council meeting on August 11, 2026, 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. We encourage community participation - sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 9 of 426 City of Chula Vista Regular City Council Meeting MINUTES Date: Location: July 14, 2026, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Fernandez, Councilmember Inzunza, Mayor McCann Absent: Councilmember Preciado (Excused absence pending City Council approval) Also Present: City Attorney Verdugo, City Clerk Bigelow, Deputy Director of City Clerk Services Turner, City Manager Allen Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by the Chula Vista Police Officers Association President, Sergeant David Martinez. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation Proclaiming July 2026, as Parks and Recreation Month in the City of Chula Vista The proclamation was presented. 5. CONSENT CALENDAR (Items 5.1 through 5.9) Mayor McCann and Councilmember Inzunza announced they would abstain from voting on Items 5.6.B and 5.6.C, respectively, due to potential property-related conflicts of interest. The following members of the public spoke regarding various topics related to the consent calendar:  John Acosta, Chula Vista resident  Robert Item 5.4 was removed from the consent calendar at the request of Councilmember Inzunza. Page 10 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 2 Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, Item 5.5, Item 5.6A, and Items 5.7 through 5.9. The headings were read, text waived. The motion was carried by the following vote: Result, Carried (4 to 0) Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.6B. The heading was read, text waived. The motion was carried by the following vote: Result, Carried (3 to 0) Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.6C. The heading was read, text waived. The motion was carried by the following vote: Result, Carried (3 to 0) 5.1 Approve Meeting Minutes Approve the minutes dated: June 16, 2026 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 City Election: Recite the Fact of the Primary Municipal Election Held on June 2, 2026, and Declare the Results, Call a General Municipal Election on November 3, 2026, and Adopt Candidate Statement Regulations Adopt the following resolutions: A. Reciting the fact of the primary municipal election held on June 2, 2026, declaring the results thereof, and other related matters Page 11 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 3 B. Calling a general municipal election to be held on Tuesday, November 3, 2026, to elect a Mayor, a City Attorney, and two City Councilmembers, representing Districts 1 and 2, consolidating the election with the statewide election, and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election C. Adopting regulations for candidate statements of qualifications Item 5.3 headings: A. RESOLUTION NO. 2026-134 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE PRIMARY MUNICIPAL ELECTION FOR MAYOR, AND TWO CITY COUNCILMEMBERS, REPRESENTING DISTRICTS 1 AND 2 HELD IN THIS CITY ON TUESDAY, JUNE 2, 2026, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2026-135 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION FOR MAYOR, TWO CITY COUNCILMEMBERS TO REPRESENT DISTRICTS 1 AND 2, AND CITY ATTORNEY, TO BE HELD ON TUESDAY, NOVEMBER 3, 2026; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION C. RESOLUTION NO. 2026-136 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITT ED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2026 5.5 Employee Compensation and Positions: Amended Classification and Compensation Plan; Authorized Position Counts; Enhanced Lateral Incentive Pay for Peace Officers; Revised Compensation Schedule; Budget Amendments; and Updated Conflict of Interest Code Adopt the following resolutions and place the ordinance on first reading: A. Resolution amending the Classification Plan, Compensation Schedule and authorized position count in the Public Works Department B. Resolution approving the revised Fiscal Year 2026-27 Compensation Schedule effective July 24, 2026, as required by California Code of Regulations, Title 2, Section 570.5 C. Resolution approving an extension to the Enhanced Lateral Incentive Pay for new lateral Peace Officer hires D. Resolution amending the fiscal year 2026-27 budget to appropriate funds, accordingly (4/5 Vote Required) E. Resolution modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Page 12 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 4 Statements of Economic Interest (Form 700) and designating the filers as “Local Agency Officials,” requiring them to complete state-mandated Ethics and Fiscal and Financial Training F. Ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position title of Deputy Director of Public Works and deleting the unclassified position title of Public Works Superintendent (First Reading) (4/5 Vote Required) Item 5.5 headings: A. RESOLUTION NO. 2026-138 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN, COMPENSATION SCHEDULE AND AUTHORIZED POSITION COUNT IN IN THE PUBLIC WORKS DEPARTMENT B. RESOLUTION NO. 2026-139 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2026-27 COMPENSATION SCHEDULE EFFECTIVE JULY 24, 2026, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION NO. 2026-140 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION TO THE ENHANCED LATERAL INCENTIVE PAY FOR NEW LATERAL PEACE OFFICER HIRES D. RESOLUTION NO. 2026-141 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2026-27 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) E. RESOLUTION NO. 2026-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS AND ASSOCIATED DISCLOSURE CATEGORIES, AND DESIGNATING THE FILERS AS LOCAL AGENCY OFFICIALS, THEREBY REQUIRING THEM TO COMPLETE STATE-MANDATED ETHICS AND FISCAL AND FINANCIAL TRAINING F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE POSITION TITLE OF DEPUTY DIRECTOR OF PUBLIC WORKS AND DELETING THE UNCLASSIFIED POSITION TITLE OF PUBLIC WORKS SUPERINTENDENT (FIRST READING) (4/5 VOTE REQUIRED) 5.6 Community Facilities Districts: Approve the Levy of Special Taxes and Collectibles for Fiscal Year 2026-27 Adopt the following resolutions: A. Levying special taxes to be collected to pay the costs of facilities and services for Community Facilities Districts 97-3, 98-3, 99-2, 2000-1, 2001- 1, 2001-2, 2024-1, 2024-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14-M2, 16-I, 16M, 18-M and 19-M within the City of Chula Page 13 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 5 Vista (“City”) and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year. B. Levying special taxes to be collected to pay the cost of facilities and services for Community Facilities Districts 06-I and 07-M within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year. C. Levying special taxes to be collected to pay the cost of facilities and services for Community Facilities Districts 97-1, 97-2, and 99-1 within the City of Chula Vista and designating the Director of Finance to file a list of taxes to be levied on each parcel with the County auditor each year. Item 5.6 headings: A. RESOLUTION NO. 2026-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-3, 98-3, 99-2, 2000-1, 2001-1, 2001-2, 2024- 1, 2024-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 13-M, 14-M, 14- M2, 16-I, 16M, 18-M, AND 19-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR B. RESOLUTION NO. 2026-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR C. RESOLUTION NO. 2026-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, AND 99-1 WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR 5.7 Used Oil Recycling Program Participation: Authorize Submittal of an Oil Payment Program Application to CalRecycle as the Regional Lead Participant for the South Bay/East County Used Oil Program Adopt a resolution approving the submittal of a regional Oil Payment Program application to CalRecycle as the regional lead participant for the South Bay/East County Used Oil Program. Item 5.7 heading: RESOLUTION NO. 2026-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A REGIONAL APPLICATION ON BEHALF Page 14 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 6 OF ITSELF AS LEAD PARTICIPANT AND ALL NON-LEAD PARTICIPANTS FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM 5.8 Purchase Agreements: Accept Bids from Miwall Corporation and San Diego Police Equipment Co., Inc. and Approve Agreements to Purchase Ammunition for the Police Department Adopt a resolution accepting bids from Miwall Corporation and San Diego Police Equipment Co., Inc., and approving agreements with each for the purchase of ammunition for the Police Department. Item 5.8 heading: RESOLUTION NO. 2026-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS FROM MIWALL CORPORATION AND SAN DIEGO POLICE EQUIPMENT CO., INC. TO PURCHASE AMMUNITION FOR THE POLICE DEPARTMENT 5.9 Agreement: Award a Cooperative Agreement to West Coast Arborist, Inc for Citywide Tree Maintenance Services Adopt a resolution awarding a cooperative agreement for tree maintenance services to West Coast Arborist, Inc. Item 5.9 heading: RESOLUTION NO. 2026-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE PURCHASING AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY AND WEST COAST ARBORIST, INC. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 CIP Appropriation: Amend the Fiscal Year 2026-27 CIP Program by Appropriating Funds from the Available Fund Balance of the Public Facilities Development Impact Fees Fund to the Fire Station 11 Project (GGV0273) Robert spoke regarding the item. Moved by Councilmember Inzunza Seconded by Mayor McCann To adopt Resolution No. 2026-137, the heading was read, text waived. The motion was carried by the following vote: Result, Carried (4 to 0) Item 5.4 heading: RESOLUTION NO. 2026-137 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2026-27 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING PUBLIC FACILITIES DEVELOPMENT IMPACT FEES FUNDS TO FIRE STATION 11 (CIP NO. GGV0273) FOR ADDITIONAL CONSTRUCTION COSTS (4/5 VOTE REQUIRED) Page 15 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 7 6. PUBLIC COMMENTS The following members of the public spoke regarding various topics:  John Acosta, Chula Vista resident  Obviously Robert O Richard Dohman spoke regarding access point to the Eastlake Storage company on Germain Road. Angelica Martinez, Chula Vista resident, expressed concerns regarding Council meeting discussions and the use of meeting time. The following members of the public spoke in support of establishing a committee on golf courses:  Bob Strahl, Chula Vista resident  Liz Lebron, Chula Vista resident  Mark Liuag, Chula Vista resident Thomas submitted written comments regarding matters related to transparency and public accountability. 7. PUBLIC HEARINGS 7.1 Community Facilities District Annexation: Public Hearing and Election Regarding Annexation of Eastlake Self Storage into Community Facilities District No. 97-2 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. Deputy City Manager/Director of Development Services Sapa'u and Deputy Director of Development Services Bridgeford gave a presentation on the item. Mayor McCann opened the public hearing. The following members of the public spoke in opposition to the item:  Amanda Alba, Chula Vista resident  Cynthia Garcia, Chula Vista resident  William Hauck, Chula Vista resident  Cynthia Castillo, Chula Vista resident  Adam Zamora, Chula Vista resident  Paul Echeverria, Chula Vista resident  Steve Limber, Chula Vista resident  Taylor Bond, Chula Vista resident  Evette G., Chula Vista resident  Lanea Hauck, Chula Vista resident  Jose Avalos, Chula Vista resident Robert O spoke, expressing a neutral position on the item. Delia Dominguez Cervantes submitted written comments in opposition to the item. Page 16 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 8 At the request of Mayor McCann, there was a consensus of the City Council to make a referral to the City Manager to verify that the road would provide emergency access and investigate what the City could do to protect the citizens. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Chavez To continue the public hearing to the August 11, 2026, City Council meeting. The motion carried by the following vote: Result, Carried (4 to 0) The meeting was recessed at 6:55 p.m. and reconvened at 7:20 p.m. 7.2 Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2026-27 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. Mayor McCann announced that, due to conflicts related to the item, it would be continued to the July 21, 2026, City Council meeting. Mayor McCann opened the public hearing. Obviously Robert in person test spoke regarding speaking on a pulled item. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any For action on this item, refer to the section, Items Removed from the Consent Calendar, above. 8.2 Ballot Measure: Consider Placing a Charter Amendment Measure on the Nov. 2026 Ballot Related to Term Limits, Elected Official Compensation, Council Committees, Salary Setting & City Ethics Commissions, Public Contracting, Lobbying, & Binding Arbitration City Manager Allen gave a presentation on the item. Brigette Browning spoke, expressing a neutral position on the item. Kelvin Barrios spoke in support of the item. At 7:47 p.m., the meeting was briefly recessed due to a disruption in the remote public access service. Staff and the City's technology support team conducted troubleshooting and restored service. The meeting reconvened at 7:49 p.m. with public access restored. Page 17 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 9 The following members of the public spoke in opposition to the item:  Obviously Robert Test in person  Angelica Martinez  Norma Toothman  Greg Martinez  David Stucky  Crystal Irving, representing SEIU Local 221  Delia Dominguez-Cervantes Jerome O. Torres submitted written communications in opposition to the item. City Attorney Verdugo stated that, due to a potential conflict of interest, outside counsel would advise on portions of the measure affecting the City Attorney's salary if necessary. At the request of Councilmember Chavez there was a consensus of the City Council to direct the City Attorney's Office to explore the possibility of including additional bargaining units in the proposed measure related to binding arbitration. There was a consensus of a majority of the City Council to designate Deputy Mayor Fernandez to author the ballot argument in favor of the proposed measure. 9. PUBLIC COMMENTS (CONTINUED) Brandon Claypool spoke regarding various topics. Heidi Paola spoke regarding matters related to homelessness. Becky Rapp spoke regarding matters related to cannabis access and use. 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. At the request of Councilmember Chavez, there was a consensus of the City Council to direct the City Manager to return with an update on the master planning efforts for the north side of Otay Ranch Community Park, including potential public facilities and options for a senior center in eastern Chula Vista. Councilmember Chavez gave a report on the recent SANDAG meeting. 13. CITY CLERK'S REPORTS There was none. 14. CITY ATTORNEY'S REPORTS Page 18 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2026-07-28 Regular City Council Meeting Minutes 10 There were none. 15. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below. The meeting was recessed at 9:05 p.m. and reconvened in closed session at 9:13 p.m. with all members present. 15.1 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Robert spoke regarding the item. Agency-designated representatives: Tiffany Allen, Courtney Chase, Tanya Tomlinson, and Marco Verdugo Employee organization: NS-IAFF and IAFF Action: No reportable action. 16. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 19 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EMORANDUM COUNCILMEMBER JOSE PRECIADO 276 Fourth Ave. Chula Vista, CA 91910 | 619.585.5713 | JPreciado@chulavistaca.gov DATE: July 17, 2026 TO: Kerry Bigelow, City Clerk CC: Honorable Mayor and Councilmembers, City Manager and City Attorney FROM: Councilmember Jose Preciado RE : Request for Excuse d Absence from Regular City Council Meeting Dear City Clerk, I respectfully request an excused absence from the Regular City Council Meeting of July 14, 2026, due to medical concerns. Thank you for your consideration and understanding. I remain committed to serving the residents of Chula Vista and will continue to stay informed on Council business. Respectfully, Jose Preciado Councilmember, District 2 Page 20 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Community Facilities District: Declare Intention to Form Community Facilities District No. 2025-1 (Village 8 East) Report Number: 26-0184 Location: Located west of State Route 125 and southeast of the intersection of Rock Mountain Road and Magdalena Avenue, as shown on the boundary map Department: Development 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 CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Actions Adopt the following resolutions: A. Approving the boundaries of proposed Community Facilities District No. 2025-1 (Village 8 East) (“CFD No. 2025-1”), declaring the intention of the City Council to authorize the formation of the proposed CFD No. 2025-1, levy a special tax, and set a time and place for the public hearing; and B. Declaring necessity to incur bonded indebtedness. SUMMARY The developer/owner of Village 8 East, HomeFed Corporation, requested formation of a Community Facilities District (CFD) to finance the construction of certain public facilities and payment of Development Impact Fees (DIFs). This action initiates the formation of the CFD. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with CEQA and determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the Page 21 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) authorizes local agencies to establish Community Facilities Districts (CFD) as a financing mechanism for eligible public facilities, public services, and related financing costs. Consistent with this authority, the City Council adopted City Council Policy 505-04 (Statement of Goals and Policies Regarding Establishment of Community Facilities Districts) and codified implementing procedures in Chula Vista Municipal Code (CVMC) Chapter 3.60 (Community Facilities Districts – General). The proposed CFD No. 2025-1 is consistent with the Mellow-Roos Act, City Council Policy 505-04, and CVMC Chapter 3.60. Consistent with these authorities, the proposed Village 8 East development includes public infrastructure and facilities that are appropriate for financing through the formation of CFD No. 2025-1. The Village 8 East project includes up to 3,276 residential units consisting of for-sale, affordable, age-qualified, and multi-family housing, along with a mixed-use Village Core featuring retail/commercial uses, an elementary school site, a 7.3-acre neighborhood park, and a future pedestrian bridge connecting Village 8 East to Village 9. The project also provides substantial open space and recreational amenities, including 253.6 acres of Preserve Open Space, a 22.6-acre active recreation site, improvements to the Otay Ranch Community Park South, and regional water quality infrastructure. HomeFed Corporation requested the formation of proposed CFD No. 2025-1, Improvement Areas 1 and 2, to finance the acquisition and construction of public infrastructure and facilities associated with the Village 8 East development. The proposed financing program totals approximately $213 million and includes approximately $101 million for public infrastructure improvements, including extensions to Main Street and La Media Road, other backbone public streets and utilities, parkland acquisition, and other eligible public improvements. The financing program also includes approximately $112 million for eligible City development impact and capacity fees, including Park Acquisition and Development (PAD) fees, Public Facilities Development Impact Fees (PFDIF), sewer capacity fees, Salt Creek Sewer Basin fees, Eastern Transportation Development Impact Fees (ETDIF) which, if the Transportation and Roadway Infrastructure Program (TRIP) is adopted, would extend to future TRIP fees, and future pedestrian bridge fees. Proposed Special Tax The Rate and Method of Apportionment of Special Tax (RMA) (Attachments 1 & 2) establishes how the Annual Special Tax Requirement is determined each fiscal year and apportioned among the taxable properties within CFD No. 2025-1 based on land use classifications and building square footage categories. The Annual Special Tax Requirement includes amounts necessary to pay debt service, administrative expenses, reserve requirements, and anticipated delinquencies. The special tax is levied first on residential property for which a building permit is issued prior to June 30 of the preceding fiscal year. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, an Page 22 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 amount will be levied on each parcel of undeveloped property in accordance with the RMA. In no event shall the tax be levied on any parcel in an amount higher than the Maximum Special Tax. Tables 1-4 below detail the Assigned Special Tax Rates for fiscal year 2026-2027 for each zone in Improvement Area 1. Table 1 – Improvement Area 1 Zone 1 Assigned Special Tax Rates for Developed Property – – Table 2 – Improvement Area 1 Zone 2 Assigned Special Tax Rates for Developed Property Table 3 – Improvement Area 1 Zone 3 Assigned Special Tax Rates for Developed Property – – – – – Page 23 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 Table 4 – Improvement Area 1 Zone 4 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $40 2 Multifamily Residential Property n/a $40 3 Non-Residential Property n/a $40 Tables 5-7 below detail the Assigned Special Tax Rates for fiscal year 2026-2027 for each zone in Improvement Area 2. Table 5 – Improvement Area 2 Zone 1 Assigned Special Tax Rates for Developed Property – – – Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,800 $3,323 2 Single Family Residential Property 1,801 – 2,000 $3,743 3 Single Family Residential Property 2,001 – 2,200 $3,925 4 Single Family Residential Property 2,201 – 2,400 $4,276 5 Single Family Residential Property 2,401 – 2,600 $4,445 6 Single Family Residential Property > 2,601 $4,815 7 Non-Residential Property n/a $0 Page 24 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 5 Table 7 – Improvement Area 2 Zone 3 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $40 2 Multifamily Residential Property n/a $40 3 Non-Residential Property n/a $40 On each July 1st commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax for Developed Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior fiscal year. Acquisition-Financing Agreement An Acquisition-Financing Agreement, which describes the facilities and DIF that may be financed with the bonds and establishes the terms and conditions for acquiring and financing the public improvements, will be presented to the City Council for approval at a future meeting. Resolutions and Future Action One of the resolutions associated with this action is known as the Resolution of Intention, which declares the City Council’s intent to establish the proposed CFD No. 2025-1, describes the boundaries of the proposed CFD, approves the RMA, authorizes the levy of a special tax, sets the time and place for the public hearing, and directs the preparation of a CFD Report. The CFD Report is a separate report that describes the public facilities and eligible development impact fees proposed to be financed, provides estimated financing costs, and identifies related incidental expenses, including bond issuance and administrative costs. The boundary map (Attachment 3) will be recorded within fifteen (15) days of approval of the Resolution of Intention. The second resolution associated with this action is the Resolution Determining the Necessity to Incur Bonded Indebtedness, which declares the City’s intent for the proposed CFD to issue bonds to finance eligible public facilities and development impact fees, establishes the maximum principal amount of bonded indebtedness that may be issued, and calls for a public hearing on the proposed bonded indebtedness. The resolution establishes a not-to-exceed principal amount of $50,000,000 for Improvement Area 1 and $75,000,000 for Improvement Area 2. If both Resolution of Intention and the Resolution Determining the Necessity to Incur Bonded Indebtedness are adopted, consolidated public hearings on the proposed formation of CFD No. 2025-1 and the proposed bonded indebtedness will be held at the City Council meeting on September 1, 2026, at 5:00 p.m. At that meeting, the City Council will consider resolutions forming and establishing CFD No. 2025-1 authorizing the incurrence of bonded indebtedness, and submission of the authorization for the levy of special taxes to the qualified electors, which in this case is the Developer. DECISION-MAKER CONFLICT Staff reviewed the property holdings of the City Council members and 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 Page 25 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 6 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 of nor has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All costs associated with the formation of the CFD are borne by the applicant; therefore, these actions will have no current-year fiscal impact on the General Fund or Development Services Fund. ONGOING FISCAL IMPACT This action has no ongoing fiscal impact to the General Fund or Development Services Fund as result of these actions. Upon formation of CFD No. 2025-1, the annual administrative costs associated with the CFD will be funded through the levy of special taxes in accordance with the RMA. ATTACHMENTS 1. Rate and Method of Apportionment Improvement Area 1 2. Rate and Method of Apportionment Improvement Area 2 3. Proposed Boundary Map of CFD No. 2025-1 Staff Contact: Alyssa Moreno, Senior Management Analyst, Development Services Rebecca Bridgeford, Deputy Director, Development Services Roy Sapa’u, Deputy City Manager/Director of Development Services Page 26 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 RESOLUTION NO. 2026-_________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, INCLUDING IMPROVEMENT AREAS THEREIN, AND TAKING OTHER ACTIONS RELATING THERETO WHEREAS, the City Council of the City of Chula Vista, California (“City”), at this time desires to initiate proceedings to create community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (commen cing with Section 53311) (“Act”) and the City of Chula Vista Community Facilities District Ordinance No. 2730, as amended, enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”); and WHEREAS, the proposed community facilities district shall hereinafter be referred to as Community Facilities District No. 2025-1 (Village 8 East) of the City of Chula Vista, County of San Diego, State of California (“District”); and WHEREAS, the City has received a petition from HomeFed Corporation, the owner of certain property within the City (“Owner”), requesting the City Council institute proceedings for the formation of the District pursuant to the Community Facilities District Law; and WHEREAS, the Owner has requested that in establishing the proposed District, the City Council designate two (2) separate improvement areas (each an “Improvement Area” and, collectively, the “Improvement Areas”) over portions of the property to be included therein so that separate series of the bonds of the proposed District may be issued on behalf of each Improvement Area to finance the Facilities (as defined herein) secured by the levy of special taxes within each applicable Improvement Area; and WHEREAS, pursuant to Section 53350 of the California Government Code, the City Council may, by resolution, designate a portion or portions of a community facilities district as one of more Improvement Areas for the financing of, or contribution to the financing of, specified public facilities and which will be subject to the levy and payment of special taxes to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance the design, construction, and acquisition of such public facilities; and WHEREAS, upon the designation of each Improvement Area, all proceedings for purposes of a bond election and for the purpose of levying special taxes for payment of the bonds shall apply only to the applicable Improvement Area; and Page 27 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 WHEREAS, it is, therefore, necessary and desirable that separate Improvement Areas be designated to include specific portions of the property to be included in the proposed District so that the property included in each such Improvement Area will be responsible only for the payment of special taxes which will be levied to pay principal of and interest on the bonds secured by such special taxes of the proposed District which will be issued and sold to finance the design, construction, and acquisition of the Facilities; and WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to initiate the proceedings to consider the establishment of such District, and the Improvement Areas therein, to set forth the proposed boundaries for such District, to describe the public facilities proposed to be financed by such District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the acquisition or construction of such facilities and the administration of the District and any indebtedness incurred by the District and to fix a time and place for a public hearing on the establishment of such District; and WHEREAS, the Community Facilities District Law provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of the Community Facilities District Law; and WHEREAS, the City Council has adopted local goals and policies as required pursuant to the Community Facilities District Law; and WHEREAS, this City Council desires to declare its intention to consider the establishment of such proposed District; and WHEREAS, this City Council further desires to direct, pursuant to the provisions of Section 53321.5 of the Government Code, the preparation of a report to provide more detailed information relating to the proposed District, and the Improvement Areas therein, the proposed facilities to be financed through the District, and estimate of the cost of providing such facilities (the “Community Facilities District Report”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, is declaring its intention to establish proposed Community Facilities District No. 2025-1 (Village 8 East) of the City of Chula Vista, County of San Diego, State of California, including improvement areas therein, and taking other actions relating thereto under the provisions of the Act. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista , that the foregoing recitals are correct and are incorporated herein by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that pursuant to Section 53350 of the Act, the City Council proposes to designate the following improvement areas within the proposed District: “Improvement Area No. 1 of Community Facilities District No. 2025-1 (Village 8 East), City of Chula Vista, County of San Diego, State of California” and “Improvement Area No. 2 of Community Facilities District No. 2025-1 (Village 8 East), City of Chula Vista, County of San Diego, State of California.” BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the boundaries of the proposed District and each Improvement Area are described and shown on the Page 28 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 map entitled “Proposed Boundary of Community Facilities District No. 2025-1 (Village 8 East), City of Chula Vista, County of San Diego, State of California,” which is attached hereto as Exhibit “A” and is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in their office, and not later than 15 days prior to the date of the public hearing set forth herein, shall file a copy of said map with the County Recorder of the County of San Diego. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, it is the intention of this City Council to finance the acquisition or construction of certain facilities authorized to be acquired or constructed pursuant to the provisions of the Act, and to pay debt service on outstanding debt in connection with such facilities for each Improvement Area. A general description of the facilities proposed to be authorized to be acquired or constructed for each Improvement Area is set forth in Exhibit “B” attached hereto and incorporated herein by this reference (“Facilities”). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that, except where funds are otherwise available, a special tax sufficient to finance the acquisition or construction of certain facilities and related incidental expenses including the payment of debt service (“Special Taxes”) secured by the recordation of a continuing lien against all taxable or nonexempt property in each Improvement Area of the proposed District, shall be annually levied within each Improvement Area of the proposed District. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, under no circumstances will Special Taxes levied in each Improvement Area in any fiscal year against an y parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within each Improvement Area of the proposed District by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, for further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in each Improvement Area of the proposed District, reference is made to the attached and incorporated Exhibit “C” and Exhibit “D” (each a “Rate and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes for each Improvement Area for the Facilities proposed for each Improvement Area to allow each landowner or resident within each Improvement Area of the proposed District to clearly estimate the maximum amount that such person will have to pay. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, pursuant to Section 53340 of the Act, said Special Taxes of each Improvement Area shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act. Page 29 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, upon recordation of a notice of special tax lien for each Improvement Area pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property within the applicable Improvement Area of the proposed District, and that lien shall continue in full force and effect. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, the special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that, pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. Additionally, and as describe more fully in Section 53340 of the Act, properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall be exempt from the Special Tax. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Council finds that the Facilities described herein are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of each Improvement Area of the proposed District. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that, pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating the proposed District, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that each Improvement Area of the proposed District shall have its own bonded indebtedness authorization. The maximum aggregate principal amount of bonded indebtedness for each Improvement Area shall be $50,000,000 for Improvement Area No. 1, and $75,000,000 for Improvement Area No. 2. Pursuant to Section 53350 of the California Government Code, all proceedings for purposes of a bond election with respect to the portion of the bonded indebtedness allocated above to each of the proposed Improvement Areas and for the purpose of levying special taxes for the payment of the principal of and interest on the bonds which may be issued and sold to represent such bonded indebtedness and to finance the design, construction, and acquisition of Facilities shall apply only to the applicable Improvement Area. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within the proposed District to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect Page 30 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 to perform the work and enter into a written contract with the City for the construction of the Facilities pursuant to said Section 53329.5. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that a public hearing on the formation of the proposed District, the designation of the Improvement Areas therein, and the levy of special taxes pursuant to the applicable Rate and Met hod within each Improvement Area shall be held at a regular meeting at 5:00 p.m. on September 1, 2026, in the Council Chambers located at 276 Fourth Avenue, Chula Vista, California 91910. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vist a, that the City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first -class mail to each registered voter and to each landowner within the boundaries of the Improvement Areas of the proposed District, as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53322. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by the proposed District, if it is established, shall study the proposed District, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of the proposed District and their estimate of the fair and reasonable cost of providing the Facilities and the related incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the voting procedures to be followed within each Improvement Area shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that if any provision of this Resolution or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Resolution are declared to be severable. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this Resolution shall become effective immediately. Page 31 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/Director of City Attorney Development Services PASSED, APPROVED, and ADOPTED by the City Council of the City o f Chula Vista, California, this 28th day of July 2026 by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: John McCann, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-____ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of July 2026. Executed this 28th day of July 2026. Kerry K. Bigelow, MMC, City Clerk Page 32 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 A-1 EXHIBIT “A” Page 33 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 A-2 Page 34 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 B-1 EXHIBIT “B” DESCRIPTION OF PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA The public facilities (the “Facilities”) authorized to be financed by the levy of special taxes within each Improvement Area of the proposed Community Facilities District No. 2025-1 (Village 8 East) (the “District”) include but are not limited to: (a) Street and transportation improvements including parking, rights of way, curbs and gutters, and other improvements relating thereto; park acquisition and improvements; sewer improvements, including collection, transportation, treatment and sewer disposal; and general civic facilities such as civic center, police, fire suppression, library, corporation yard, and public recreation; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed District, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed District, and (iii) any other expenses incidental to the construction, completion, and inspection of t he public Facilities. Page 35 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EXHIBIT “C” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA NO. 1 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA [Attached] Page 36 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA 1 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A Special Tax shall be levied on all Taxable Property within the boundaries of Community Facilities District No. 2025-1 (Village 8 East) Improvement Area 1 (“CFD No. 2025-1 IA 1” and “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2026-27, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 2025- 1 IA 1, unless exempted by law or by the provisions of Section 5 hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs related to the administration of CFD No. 2025-1 IA 1 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 2025-1 IA 1, associated with applicable federal and State laws (including CDIAC); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include (1) amounts for Special Tax delinquency monitoring and (2) the estimated amounts or amounts advanced by the City or CFD No. 2025-1 IA 1, if any, for any other administrative purposes of CFD No. 2025-1 IA 1, including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. “Affordable Residential Property” means all Parcels of Developed Property that consists of a home or Residential Unit in the CFD that has legally recorded affordability restrictions, including but not limited to deed restrictions, regulatory agreements, or other recorded instruments that limit rent for lower‐ income households. The determination of whether an Assessor’s Parcel qualifies as Affordable Residential Property shall be made by the CFD Administrator based on a review of applicable recorded Page 37 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-2 documents and any supporting information provided to the City. “Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel. “Assessor” means the Assessor of the County of San Diego. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the number assigned to a parcel designated by the Assessor for purposes of identification. “Assigned Special Tax” means the Special Tax of that name described in Section 3.A below. “Backup Special Tax” means the Special Tax of that name described in Section 3.B below. “Bonds” means any bonds or other debt of CFD No. 2025-1 IA 1 issued or incurred whether in one or more series, secured by the levy of Special Taxes. “Boundary Map” means a recorded map which indicates the boundaries of CFD No. 2025-1 IA 1. “Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. “Building Square Footage” means the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City or County. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 2025-1 IA 1” and “CFD” means the City of Chula Vista Community Facilities District No. 2025- 1 Improvement Area 1. “City” means the City of Chula Vista, California. “City Council” means the City Council of the City acting as the legislative body of CFD No. 2025-1 IA 1 under the Act. Page 38 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-3 “County” means the County of San Diego, California. “Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the agreement, indenture, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Tables 1-4 set forth in Section 3A below. Note: Land Uses Class is not in reference to a property’s zoning designation. “Lot(s)” means an individual legal lot created by a Final Map for which a Building Permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. “Master Developer” means Home Fed Village 8E, LLC, a Delaware limited liability company or its successors or assignees. “Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Sections 3.C. and 3.D. below, which may be levied in a given Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of Residential Units available for rent by the general public, not for sale to an end user, and under common management. Page 39 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-4 “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or structures, including, but not limited to commercial and industrial uses. “Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. “Prepayment Amount” means the amount required to prepay the Special Tax Obligation in full for an Assessor’s Parcel as described in Section 8.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 2025-1 IA 1 owned in fee by a property owner association, including any master or sub-association. “Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may similarly be applied to other categories of Taxable Property as listed in Section 3 below. “Public Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-1 IA 1, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by or irrevocably offered for dedication to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit(s) has been issued for the purpose of constructing one or more Residential Units. “Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance (sale) or rental, separate from adjacent residential dwelling units, whether a Single Family Property, Multifamily Residential Property, or Affordable Residential Property. “Single Family Residential Property” means all Parcels of Developed Property initially available for sale that consists of a residential dwelling unit designed for occupancy by a single household for which a Building Permit has been issued for the construction of a Residential Unit excluding Multifamily Residential Property or Affordable Residential Property. “Special Tax” means any special tax levied within CFD No. 2025-1 IA 1 pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 2025-1 IA 1. “Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) Page 40 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-5 pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; and (v) pay directly for eligible development impact fees and the acquisition or construction of eligible facilities, provided the inclusion of such amount does not increase the levy of the Special Tax on Undeveloped Property; and (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. “State” means the State of California. “Taxable Property” means the Assessor’s Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. “Zone 1” means a geographic area consisting of a portion of Otay Ranch Village 8 East Planning Area R- 1 and R-2 in Attachment A, attached hereto. “Zone 2” means a geographic area consisting of a portion of Otay Ranch Village 8 East Planning Area R- 1 and R-2 as shown in Attachment A, attached hereto. “Zone 3” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-3 and R-4 as shown in Attachment A, attached hereto. “Zone 4” means a geographic are consisting of Otay Ranch Village 8 East Planning Area VC-1 and VC-2 and VC-3 and VC-4/5 as depicted in Attachment A, attached hereto. “Zones” means, collectively, Zone 1, Zone 2, Zone 3, and Zone 4. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2026-27, each Assessor’s Parcel within CFD No. 2025-1 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its applicable Land Use Class and Single Family Residential Property shall be further classified based on its Building Square Footage. In the event a Building Permit is issued for one or more parcels of Residential Property prior to March 1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been assigned to each such Residential Property for the current Fiscal Year, the applicable Assessor’s Parcel may be classified as both Developed Property and Undeveloped Property. In such case, the Special Taxes levied on such Assessor’s Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Residential Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Residential Property for which a Building Permit has not been issued prior to March 1 of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Residential Property to the total number of Residential Property entitled to be developed on such Assessor’s Parcel. The total number of parcels of Residential Property Page 41 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-6 entitled to be developed on the applicable Assessor’s Parcel shall be determined from the recorded final map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. 3. SPECIAL TAX RATES A. Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed Property commencing Fiscal Year 2026-27 shall be determined pursuant to Tables 1-4 below. Table 1 – Zone 1 Assigned Special Tax Rates for Developed Property Table 2 – Zone 2 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,400 $3,021 2 Single Family Residential Property 1,401 - 1,700 $3,112 3 Single Family Residential Property 1,701 - 2,000 $3,374 4 Single Family Residential Property >= 2,001 $4,181 5 Non-Residential Property n/a $0 Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,600 $3,240 2 Single Family Residential Property >= 1,601 $3,287 3 Non-Residential Property n/a $0 Page 42 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-7 Table 3 – Zone 3 Assigned Special Tax Rates for Developed Property Table 4 – Zone 4 Assigned Special Tax Rates for Developed Property On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax for Developed Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within CFD No. 2025-1 IA 1, the Backup Special Tax for Assessor’s Parcels of Developed Property classified as Residential or Non- Residential Property shall be determined as follows for each Zone: For each Assessor’s Parcel of Residential and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 1, the Backup Special Tax for Fiscal Year 2026-27 shall be the rate per Lot calculated according to the following formula: Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,500 $3,150 2 Single Family Residential Property 1,501 - 1,715 $3,323 3 Single Family Residential Property 1,716 - 1,930 $3,743 4 Single Family Residential Property 1,931 - 2,145 $3,925 5 Single Family Residential Property 2,146 - 2,360 $4,276 6 Single Family Residential Property 2,361 - 2,575 $4,445 7 Single Family Residential Property >= 2,576 $4,815 8 Non-Residential Property n/a $0 Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $40 2 Multifamily Residential Property n/a $40 3 Non-Residential Property n/a $40 Page 43 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-8 Zone 1 B = ($74,075 x A) / L Zone 2 B = ($82,519 x A) / L Zone 3 B = ($62,038 x A) / L Zone 4 B = ($1,211 x A) / L The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential and Non-Residential Property in such Final Map. The land area applicable to a Taxable Property shall be computed from the Acreage of the Lot on which the Residential and Non-Residential Property is located, with the Acreage for such Lot allocated equally among the Taxable Properties located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential and Non-Residential Property. Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property or Undeveloped Property for which the Backup Special Tax has been determined for a specific Zone are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor’s Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. On each July 1 commencing July 1, 2027, through July 1, 2037, the Backup Special Tax applicable to each Assessor’s Parcel of Residential within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. C. Maximum Special Tax for Developed Property Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed Property within each Zone shall be the greater of the applicable Assigned Special Tax or Backup Special Tax for the appropriate Zone. D. Maximum Special Tax for Undeveloped Property The Maximum Special Tax for Undeveloped Property commencing in Fiscal Year 2026 -27 shall be as follows for each Zone. On each July 1 commencing July 1, 2027, through July 1, 2037, the Maximum Special Tax applicable to each Assessor’s Parcel of Undeveloped Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes If an Assessor’s Parcel may contain more than one Land Use Class, the Maximum Special Tax Page 44 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-9 shall be the sum of the Maximum Special Taxes applicable to each Land Use Class present on the Parcel, as reasonably determined by the CFD Administrator. F. Special Tax Reduction prior to issuance of Bonds Prior to the issuance of the first series of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City’s receipt of a written request from the Master Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than one hundred ten percent (110%) of the estimated debt service, net of administrative expenses, with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property exceeds 2%, the Special Tax Rates shall be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement on Residential and Non- Residential Property with the written consent of the CFD Administrator. It shall not be required that reductions among each Building Square Footage range of Residential Property or Acres of Non-Residential Property be proportional. Additionally, the CFD Public Facilities Costs amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate in the form attached hereto as Attachment “B” shall be used for purposes of evidencing the required written consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded with the County. Once the first series of bonds is issued for CFD No. 2025-1 IA 1, this paragraph 3.F shall become void. 4. METHOD OF APPORTIONMENT For each Fiscal Year commencing Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax on all Taxable Property in accordance with the following steps for each Zone: Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property as needed to satisfy the Special Tax Requirement. Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax Page 45 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-10 applicable to any other Assessor’s Parcel within CFD No. 2025-1 IA 1 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization and (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 1 to less than 12.75 Acres in Zone 1 and 3.95 Acres in Zone 2 and 18.01 Acres for Zone 3 and 34.89 Acres for Zone 4. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 1 to less than the specified acreages per Zone described in the previous sentence, shall be classified as Taxable Property and will continue to be subject to the CFD No. 2025-1 IA 1 Special Taxes accordingly. Tax exempt status for the purpose of this section will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property and subject to the applicable Special Taxes then in effect. 6. APPEALS The CFD Administrator shall have primary responsibility for the interpretation and application of this RMA. Any property owner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, to correct the error: (i) Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii) Require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the property owner believes such error still exists, such person may file a written notice of appeal with the City Manager. Upon receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Manager or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, to correct the error. Page 46 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-11 The City Manager or the designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and making determinations relative to the administration of the Special Tax and any property owner appeals. The decision of the City Manager or designee shall be final and binding to all people. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 8. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The following definitions apply to this Section 8: “CFD Public Facilities Costs” means $34,000,000 or such lower amount as shall be determined by the CFD Administrator as an amount sufficient to pay development impact fees and acquire or construct the facilities to be financed under the Act and financing program for CFD No. 2025- 1 IA 1. “Improvement Fund” means the fund (regardless of its name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay development impact fees authorized to be funded by CFD No. 2025-1 IA 1. “Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously paid from the Improvement Fund to acquire or construct the facilities or pay for development impact fees, (ii) monies currently on deposit in the Improvement Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. “Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The Page 47 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-12 CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 75 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):  Bond Redemption Amount plus Redemption Premium  plus, Future Facilities Costs Prepayment Amount plus Defeasance Amount  plus, Prepayment Administrative Fees and Expenses less Reserve Fund Credit  less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For Assessor’s Parcels of Developed Property, determine the Maximum Special Tax. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for CFD No. 2025-1 IA 1 assuming all Building Permits have been issued (build-out) within CFD No. 2025-1 IA 1, excluding any Assessor’s Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor’s Parcels (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the “Redemption Premium”). 6. Compute the Future Facilities Costs. 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Prepayment Amount”). 8. Calculate the administrative fees and expenses of CFD No. 2025-1 IA 1, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, the cost of any escrow agreement, verification report fees, fees of bond counsel or fiscal agent counsel, and the costs of recording any notices to evidence the prepayment and the redemption Page 48 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-13 (the “Prepayment Administrative Fees”). 9. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Subtract the amount computed in paragraph 10 from the amount computed in paragraph 9 (the “Defeasance Amount”). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 100% of the reserve requirement after considering such prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the “Capitalized Interest Credit”). 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 8, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 11, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 8 shall be retained by CFD No. 2025-1 IA 1. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such Page 49 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-14 Assessor’s Parcel, and the obligation of the owner of such Assessor’s Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A) x F+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section 8.A F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 8.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 2025-1 IA 1 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel. Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. 9. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2076-77. The Special Tax will cease to be levied in an earlier Fiscal Year if the Page 50 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-15 CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid, no delinquent Special Taxes remain uncollected, and the City has covenanted that it will not issue any more Bonds (other than refunding Bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Page 51 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A ATTACHMENT A – Boundary Map Page 52 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A Page 53 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A Page 54 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-1 ATTACHMENT B CERTIFICATE TO AMEND THE SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2025-1 IA 1 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA TAX REDUCTION CERTIFICATE 1. The undersigned property owners hereby request modification of the following information in the Rate and Method of Apportionment of Special Tax (the “RMA”) for Community Facilities District No. 2025-1 IA 1 of the City of Chula Vista (the “CFD”). 2. Pursuant to Section 3 of the Rate and Method of Apportionment, as attached to the Notice of Special Tax Lien, recorded in the Official Records of the County of San Diego as Instrument No. XXXXXX on MM/DD/YYYY, the County of San Diego (the “County”) hereby reduces the Assigned Special Tax for Developed Property within the CFD as set forth in Tables 1-4 of the RMA. 3. The information in Tables 1-4 below, relating to the Assigned Special Tax for Developed Property within CFD No. 2025-1 IA 1 shall be amended and restated in full as follows: Table 1 – Zone 1 Assigned Special Tax for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,400 $ 2 Single Family Residential Property 1,401 - 1,700 $ 3 Single Family Residential Property 1,701 - 2,000 $ 4 Single Family Residential Property >= 2,001 $ 5 Non-Residential Property n/a $ Page 55 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-2 Table 2 – Zone 2 Assigned Special Tax for Developed Property Table 3 – Zone 3 Assigned Special Tax for Developed Property Table 4 – Zone 4 Assigned Special Tax for Developed Property 4. The calculation of the Backup Special Tax for Assessor’s Parcels of Developed Property within CFD Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,600 $ 2 Single Family Residential Property >= 1,601 $ 3 Non-Residential Property n/a $ Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,500 $ 2 Single Family Residential Property 1,501 - 1,715 $ 3 Single Family Residential Property 1,716 - 1,930 $ 4 Single Family Residential Property 1,931 - 2,145 $ 5 Single Family Residential Property 2,146 - 2,360 $ 6 Single Family Residential Property 2,361 - 2,575 $ 7 Single Family Residential Property >= 2,576 $ 8 Non-Residential Property n/a $ Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $ 2 Multifamily Residential Property n/a $ 3 Non-Residential Property n/a $ Page 56 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-3 No. 2025-1 IA 1 classified as Residential Property and Non-Residential Property shall be amended as follows: For each Assessor’s Parcel of Residential Property and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential Property and Non- Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 1, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1: B = (R x A) / L Zone 2: B = (R x A) / L Zone 3: B = (R x A) / L Zone 4: B = (R x A) / L The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential Property and Non-Residential Property in such Final Map. The land area applicable to a Residential Property and Non-Residential Property shall be computed from the Acreage of the Lot on which the Residential Property and Non-Residential Property are located, with the Acreage for such Lot allocated equally among all the Residential Property and Non-Residential Property located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential Property or Non-Residential Property R = Backup Special Tax Rate per Acre 5. On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax Rates in Tables 1-4 and the Backup Special Tax applicable to each Assessor’s Parcel of Residential Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. 6. Section 3 of the RMA may only be modified prior to the issuance of Bonds. 7. Upon execution of the certificate by the City and the CFD, the City shall cause an amended Notice of Special Tax Lien for the CFD to be recorded reflecting the modifications set forth herein. I hereby declare under penalty of perjury that the above representations are true and correct. Property Owner: By: _____________________________________________ Date: ________________________ Page 57 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-4 By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 2025-1 IA 1 receipt of this Certificate and modification of the RMA as set forth in this Certificate. City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Community Facilities District No. 2025-1 IA 1 of the City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Page 58 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EXHIBIT “D” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA NO. 2 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA [Attached] Page 59 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA 2 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A Special Tax shall be levied on all Taxable Property within the boundaries of Community Facilities District No. 2025-1 (Village 8 East) Improvement Area 2 (“CFD No. 2025-1 IA 2” and “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2026-27, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 2025- 1 IA 2, unless exempted by law or by the provisions of Section 5 hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs related to the administration of CFD No. 2025-1 IA 2 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2025-1 IA 2 or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 2025-1 IA 2, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 2025-1 IA 2, associated with applicable federal and State laws (including CDIAC); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2025-1 IA 2, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include (1) amounts for Special Tax delinquency monitoring and (2) the estimated amounts or amounts advanced by the City or CFD No. 2025-1 IA 2, if any, for any other administrative purposes of CFD No. 2025-1 IA 2, including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. “Affordable Residential Property” means all Parcels of Developed Property that consists of a home or residential unit in the CFD that has legally recorded affordability restrictions, including but not limited to deed restrictions, regulatory agreements, or other recorded instruments that limit rent for lower‐ income households. The determination of whether a Parcel qualifies as Affordable Residential Property shall be made by the CFD Administrator based on a review of applicable recorded documents and any supporting information provided to the City. Page 60 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-2 “Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel. “Assessor” means the Assessor of the County of San Diego. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the number assigned to a parcel designated by the Assessor for purposes of identification. “Assigned Special Tax” means the Special Tax of that name described in Section 3.A below. “Backup Special Tax” means the Special Tax of that name described in Section 3.B below. “Bonds” means any bonds or other debt of CFD No. 2025-1 IA 2 issued or incurred whether in one or more series, secured by the levy of Special Taxes. “Boundary Map” means a recorded map which indicates the boundaries of CFD No. 2025-1 IA 2. “Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. “Building Square Footage” means the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City or County. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 2025-1 IA 2” and “CFD” means the City of Chula Vista Community Facilities District No. 2025- 1 Improvement Area 2. “City” means the City of Chula Vista, California. “City Council” means the City Council of the City acting as the legislative body of CFD No. 2025-1 IA 2 under the Act. “County” means the County of San Diego, California. Page 61 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-3 “Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the agreement, indenture, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Table 1set forth in Section 3A below. Note: Land Uses Class is not in reference to a property’s zoning designation. “Lot(s)” means an individual legal lot created by a Final Map for which a Building Permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. “Master Developer” means Home Fed Village 8E, LLC, a Delaware limited liability company or its successors or assignees. “Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Sections 3.C. and 3.D. below, which may be levied in a given Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of Residential Units available for rent by the general public, not for sale to an end user, and under common management. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Page 62 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-4 Permit has been issued for the purpose of constructing one or more non-residential units or structures, including, but not limited to commercial and industrial uses. “Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. “Prepayment Amount” means the amount required to prepay the Special Tax Obligation in full for an Assessor’s Parcel as described in Section 8.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 2025-1 IA 2 owned in fee by a property owner association, including any master or sub-association. “Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may similarly be applied to other categories of Taxable Property as listed in Section 3 below. “Public Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-1 IA 2, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by or irrevocably offered for dedication to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit(s) has been issued for the purpose of constructing one or more Residential Units. “Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance (sale) or rental, separate from adjacent residential dwelling units, whether a Single Family Property, Multifamily Residential Property, or Affordable Residential Property. “Single Family Residential Property” means all Parcels of Developed Property initially available for sale that consists of a residential dwelling unit designed for occupancy by a single household for which a Building Permit has been issued for the construction of a Residential Unit excluding Multifamily Residential Property or Affordable Residential Property. “Special Tax” means any special tax levied within CFD No. 2025-1 IA 2 pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 2025-1 IA 2. “Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds Page 63 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-5 for all Outstanding Bonds; and (v) pay directly for eligible development impact fees and the acquisition or construction of eligible facilities, provided the inclusion of such amount does not increase the levy of the Special Tax on Undeveloped Property; and (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. “State” means the State of California. “Taxable Property” means the Assessor’s Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. “Zone 1” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-5 and R-6 as shown in Attachment A, attached hereto. “Zone 2” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-7, R-8, R-9, and R-10 as shown in Attachment A, attached hereto. “Zone 3” means a geographic area consisting of Otay Ranch Village 8 East Planning Area VC-6 and VC-7 as shown in Attachment A, attached hereto. “Zones” means, collectively, Zone 1, Zone 2, and Zone 3. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2026-27, each Assessor’s Parcel within CFD No. 2025-1 IA 2 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportio nment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its applicable Land Use Class and Single Family Residential Property shall be further classified based on its Building Square Footage. In the event a Building Permit is issued for one or more parcels of Residential Property prior to March 1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been assigned to each such Residential Property for the current Fiscal Year, the applicable Assessor’s Parcel may be classified as both Developed Property and Undeveloped Property. In such case, the Special Taxes levied on such Assessor’s Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Residential Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Residential Property for which a Building Permit has not been issued prior to March 1 of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Residential Property to the total number of Residential Property entitled to be developed on such Assessor’s Parcel. The total number of parcels of Residential Property entitled to be developed on the applicable Assessor’s Parcel shall be determined from the recorded final map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. Page 64 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-6 3. SPECIAL TAX RATES A. Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed Property commencing Fiscal Year 2026-27 shall be determined pursuant to Tables 1-3 below. Table 1 – Zone 1 Assigned Special Tax Rates for Developed Property Table 2 – Zone 2 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property < = 1,400 $3,021 2 Single Family Residential Property 1,401 - 1,700 $3,112 3 Single Family Residential Property 1,701 - 2,000 $3,374 4 Single Family Residential Property > = 2,001 $4,181 5 Non-Residential Property n/a $0 Page 65 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-7 Table 3 – Zone 3 Assigned Special Tax Rates for Developed Property On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax for Developed Property shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within CFD No. 2025-1 IA 2, the Backup Special Tax for Assessor’s Parcels of Developed Property classified as Residential or Non- Residential Property shall be determined as follows: For each Assessor’s Parcel of Residential and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 2, the Backup Special Tax for Fiscal Year 2026-27 shall be the rate per Lot calculated according to the following formula: The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential and Non-Residential Property in such Final Map. The land area applicable to a Taxable Property shall be computed from the Acreage of the Lot on which the Residential and Non-Residential Property is located, with the Acreage for such Lot allocated equally among the Taxable Properties located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential and Non-Residential Property. Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor’s Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. Page 66 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-8 On each July 1 commencing July 1, 2027, through July 1, 2037, the Backup Special Tax applicable to each Assessor’s Parcel of Residential shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. C. Maximum Special Tax for Developed Property Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed Property within each Zone shall be the greater of the applicable Assigned Special Tax or Backup Special Tax for the appropriate Zone. D. Maximum Special Tax for Undeveloped Property The Maximum Special Tax for Undeveloped Property commencing in Fiscal Year 2026 -27 shall be as follows for each Zone. On each July 1 commencing July 1, 2027, through July 1, 2037, the Maximum Special Tax applicable to each Assessor’s Parcel of Undeveloped Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes If an Assessor’s Parcel may contain more than one Land Use Class, the Maximum Special Tax shall be the sum of the Maximum Special Taxes applicable to each Land Use Class present on the Parcel, as reasonably determined by the CFD Administrator. F. Special Tax Reduction prior to issuance of Bonds Prior to the issuance of the first series of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City’s receipt of a written request from the Master Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than one hundred ten percent (110%) of the estimated debt service, net of administrative expenses, with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property exceeds 2%, the Special Tax Rates shall be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement on Residential and Non- Residential Property with the written consent of the CFD Administrator. It shall not be required that reductions among each Building Square Footage range of Residential Property or Acres of Non-Residential Property be proportional. Additionally, the CFD Public Facilities Costs amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate in the form attached hereto as Attachment “B” shall be used for purposes of evidencing the required written consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded with the County. Page 67 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-9 Once the first series of Bonds is issued for CFD No. 2025-1 IA 2, this paragraph 3.F shall become void. 4. METHOD OF APPORTIONMENT For each Fiscal Year commencing Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax on all Taxable Property in accordance with the following steps for each Zone: Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property as needed to satisfy the Special Tax Requirement. Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 2025-1 IA 2 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization and (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 2 to less than 17.27 Acres in Zone 1 and 45.94 Acres in Zone 2 and 9.19 Acres for Zone 3. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 2 to less than the specified acreages per Zone described in the previous sentence, shall be classified as Taxable Property and will continue to be subject to the CFD No. 2025-1 IA 2 Special Taxes accordingly. Tax exempt status for the purpose of this section will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property and subject to the applicable Special Taxes then in effect. Page 68 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-10 6. APPEALS The CFD Administrator shall have primary responsibility for the interpretation and application of this RMA. Any property owner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, to correct the error: (i) Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii) Require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the property owner believes such error still exists, such person may file a written notice of appeal with the City Manager. Upon receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Manager or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, to correct the error. The City Manager or the designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and making determinations relative to the administration of the Special Tax and any property owner appeals. The decision of the City Manager or designee shall be final and binding to all people. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 8. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The following definitions apply to this Section 8: “CFD Public Facilities Costs” means $52,000,000 or such lower amount as shall be determined by the CFD Administrator as an amount sufficient to pay development impact fees and acquire or construct the facilities to be financed under the Act and financing program for CFD No. 2025- 1 IA 2. Page 69 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-11 “Improvement Fund” means the fund (regardless of its name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay development impact fees authorized to be funded by CFD No. 2025-1 IA 2. “Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously paid from the Improvement Fund to acquire or construct the facilities or pay for development impact fees, (ii) monies currently on deposit in the Improvement Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. “Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 75 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):  Bond Redemption Amount plus Redemption Premium  plus, Future Facilities Costs Prepayment Amount plus Defeasance Amount  plus, Prepayment Administrative Fees and Expenses less Reserve Fund Credit  less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For Assessor’s Parcels of Developed Property, determine the Maximum Special Tax. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as though it was already Page 70 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-12 designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for CFD No. 2025-1 IA 2 assuming all Building Permits have been issued (build-out) within CFD No. 2025-1 IA 2, excluding any Assessor’s Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor’s Parcels (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the “Redemption Premium”). 6. Compute the Future Facilities Costs. 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Prepayment Amount”). 8. Calculate the administrative fees and expenses of CFD No. 2025-1 IA 2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, , the cost of any escrow agreement, verification report fees, fees of bond counsel or fiscal agent counsel, and the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”). 9. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Subtract the amount computed in paragraph 10 from the amount computed in paragraph 9 (the “Defeasance Amount”). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 100% of the reserve requirement after considering such prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the Page 71 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-13 time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the “Capitalized Interest Credit”). 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 8, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 11, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 8 shall be retained by CFD No. 2025-1 IA 2. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor’s Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A) x F+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section 8.A F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation Page 72 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-14 A = the Prepayment Administrative Fees and Expenses from Section 8.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 2025-1 IA 2 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel. Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. 9. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2076-77. The Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid, no delinquent Special Taxes remain uncollected, and the City has covenanted that it will not issue any more Bonds (other than refunding Bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Page 73 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-1 ATTACHMENT A – Boundary Map Page 74 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-2 Page 75 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-3 Page 76 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-1 ATTACHMENT B CERTIFICATE TO AMEND THE SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2025-1 IA 2 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA TAX REDUCTION CERTIFICATE 1. The undersigned property owners hereby request modification of the following information in the Rate and Method of Apportionment of Special Tax (the “RMA”) for Community Facilities District No. 2025-1 IA 2 of the City of Chula Vista (the “CFD”). 2. Pursuant to Section 3 of the Rate and Method of Apportionment, as attached to the Notice of Special Tax Lien, recorded in the Official Records of the County of San Diego as Instrument No. XXXXXX on MM/DD/YYYY, the County of San Diego (the “County”) hereby reduces the Assigned Special Tax for Developed Property within the CFD as set forth in Tables 1-3 of the RMA. 3. The information in Tables 1-3 below, relating to the Assigned Special Tax for Developed Property within CFD No. 2025-1 IA 2 shall be amended and restated in full as follows: Table 1 – Zone 1 Assigned Special Tax for Developed Property Page 77 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-2 Table 2 – Zone 2 Assigned Special Tax for Developed Property Table 3 – Zone 3 Assigned Special Tax for Developed Property 4. The calculation of the Backup Special Tax for Assessor’s Parcels of Developed Property within CFD No. 2025-1 IA 2 classified as Residential Property and Non-Residential Property shall be amended as follows: For each Assessor’s Parcel of Residential Property and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential Property and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 2, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1: B = (R x A) / L Zone 2: B = (R x A) / L Zone 3: B = (R x A) / L The terms have the following meanings: Page 78 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-3 B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential Property and Non-Residential Property in such Final Map. The land area applicable to a Residential Property and Non-Residential Property shall be computed from the Acreage of the Lot on which the Residential Property and Non-Residential Property are located, with the Acreage for such Lot allocated equally among all the Residential Property and Non-Residential Property located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential Property or Non-Residential Property R = Backup Special Tax Rate per Acre 5. On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax Rates in Tables 1-3 and the Backup Special Tax applicable to each Assessor’s Parcel of Residential Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. 6. Section 3 of the RMA may only be modified prior to the issuance of Bonds. 7. Upon execution of the certificate by the City and the CFD, the City shall cause an amended Notice of Special Tax Lien for the CFD to be recorded reflecting the modifications set forth herein. I hereby declare under penalty of perjury that the above representations are true and correct. Property Owner: By: _____________________________________________ Date: ________________________ By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 2025-1 IA 2 receipt of this Certificate and modification of the RMA as set forth in this Certificate. City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Community Facilities District No. 2025-1 IA 2 of the City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Page 79 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\44880642.2 RESOLUTION NO. 2026-____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS ON BEHALF OF EACH IMPROVEMENT AREA OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TO BE SECURED BY SPECIAL TAXES LEVIED THEREIN TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the City Council (“City Council”) of the City of Chula Vista, California (“City”), has initiated proceedings to create a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (“Act”) and the City of Chula Vista Community Facilities District Ordinance No. 2730, as amended, enacted pursuant to the powers reserved by the City under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”) to finance the acquisition or construction of certain authorized facilities described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Facilities”), and to pay debt service on outstanding debt in connection with such facilities; and WHEREAS, the proposed community facilities district shall hereinafter be referred to as Community Facilities District No. 2025-1 (Village 8 East) of the City of Chula Vista, County of San Diego, State of California (“District”); and WHEREAS, HomeFed Corporation, the owners of certain real property within the City (“Owner”) have requested that in establishing the proposed District, the City Council designate two (2) separate improvement areas over portions of the property to be included therein (each an “Improvement Area” and, collectively, the “Improvement Areas”) so that special taxes may be levied within each Improvement Area to finance the Facilities and to secure a separate series of the bonds on behalf of each Improvement Area; and WHEREAS, pursuant to Section 53350 of the Act, the City Council may, by resolution, designate a portion or portions of a community facilities district as one or more improvement areas for the financing of, or contribution to the financing of, specified public facilities and which will be subject to the levy and payment of special taxes to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance the design, construction, and acquisition of such public facilities; and Page 80 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\44880642.2 WHEREAS, upon the designation of such an improvement area, all proceedings for purposes of a bond election and for the purpose of levying special taxes for payment of the bonds shall apply only to the improvement area; and WHEREAS, it is, therefore, necessary and desirable that separate Improvement Areas be designated to include specific portions of the property to be included in the proposed District so that the property included in each such Improvement Area will be responsible only for the payment of special taxes which will be levied therein to finance Facilities and to pay principal of and interest on the bonds to finance such Facilities which will be secured by the special taxes in such Improvement Area; and WHEREAS, it is the intention of this legislative body to finance the acquisition or construction of all or a portion of such Facilities through the issuance of bonds by each Improvement Area of the District, such bonds to be secured by special taxes to be levied on taxable property within each Improvement Area of the District, all as authorized pursuant to the Community Facilities District Law. NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Chula Vista declares the necessity to incur a bonded indebtedness on behalf of each improvement area of Community Facilities District No. 2025-1 (Village 8 East) of the City of Chula Vista, County of San Diego, State of California, to be secured by special taxes levied therein to pay for the acquisition or construction of certain public facilities and that the above recitals are all true and correct and are incorporated herein by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that this City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by each Improvement Area of the District to contribute to the financing of all or a portion of the Facilities. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that in order to finance the costs of the Facilities, it is necessary for each Improvement Area of the District to incur bonded indebtedness in one or more series in the maximum aggregate principal amount as follows: (i) for Improvement Area No. 1, $50,000,000 and (ii) for Improvement Area No. 2, $75,000,000. Indebtedness subject to the authorization shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act. Pursuant to Section 53350 of the California Government Code, all proceedings for purposes of authorizing the bonded indebtedness for each Improvement Area and for the purpose of levying special taxes for the payment of the principal of and interest on the bonds which may be issued and sold to represent such bonded indebtedness and to finance the design, construction, and acquisition of Facilities shall be conducted separate by each Improvement Area. The amount of the bonded indebtedness of each Improvement Area of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. Page 81 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\44880642.2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the purpose for the proposed debt of the District is to contribute to the financing of the acquisition or construction of the Facilities. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that notice of a public hearing shall be given in substantially the following form: NOTICE IS GIVEN THAT ON SEPTEMBER 1, 2026, AT THE HOUR OF 5:00 P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA 91910, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A BONDED INDEBTEDNESS OF THE DISTRICT TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, SUCH INDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE DISTRICT, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING A BONDED INDEBTEDNESS OF THE DISTRICT SUCH INDEBTEDNESS WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF THE FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED THEREIN. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Government Code and may also give notice of the time and place of said hearing by first -class mail to each registered voter and to each landowner within each Improvement Area of the District. [SIGNATURES ON THE FOLLOWING PAGE] Page 82 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\44880642.2 Presented by: Approved as to form by: Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Development Services Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of July 2026, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: John McCann, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-____ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of July 2026. Executed this 28th day of July 2026. Kerry K. Bigelow, MMC, City Clerk Page 83 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\44880642.2 EXHIBIT “A” DESCRIPTION OF PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST), CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA The public facilities (“Facilities”) authorized to be financed by the levy of special taxes within each Improvement Area of the proposed Community Facilities District No. 2025-1 (Village 8 East) (“District”) include but are not limited to: (a) Street and transportation improvements including parking, rights of way, curbs and gutters, and other improvements relating thereto; park acquisition and improvements; sewer improvements, including collection, transportation, treatment and sewer disposal; and general civic facilities such as civic center, police, fire suppression, library, corporation yard, and public recreation; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed District, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed District, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities. Page 84 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA 1 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A Special Tax shall be levied on all Taxable Property within the boundaries of Community Facilities District No. 2025-1 (Village 8 East) Improvement Area 1 (“CFD No. 2025-1 IA 1” and “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2026-27, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 2025- 1 IA 1, unless exempted by law or by the provisions of Section 5 hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs related to the administration of CFD No. 2025-1 IA 1 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 2025-1 IA 1, associated with applicable federal and State laws (including CDIAC); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2025-1 IA 1, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include (1) amounts for Special Tax delinquency monitoring and (2) the estimated amounts or amounts advanced by the City or CFD No. 2025-1 IA 1, if any, for any other administrative purposes of CFD No. 2025-1 IA 1, including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. “Affordable Residential Property” means all Parcels of Developed Property that consists of a home or Residential Unit in the CFD that has legally recorded affordability restrictions, including but not limited to deed restrictions, regulatory agreements, or other recorded instruments that limit rent for lower‐ income households. The determination of whether an Assessor’s Parcel qualifies as Affordable Residential Property shall be made by the CFD Administrator based on a review of applicable recorded documents and any supporting information provided to the City. Page 85 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-2 “Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel. “Assessor” means the Assessor of the County of San Diego. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the number assigned to a parcel designated by the Assessor for purposes of identification. “Assigned Special Tax” means the Special Tax of that name described in Section 3.A below. “Backup Special Tax” means the Special Tax of that name described in Section 3.B below. “Bonds” means any bonds or other debt of CFD No. 2025-1 IA 1 issued or incurred whether in one or more series, secured by the levy of Special Taxes. “Boundary Map” means a recorded map which indicates the boundaries of CFD No. 2025-1 IA 1. “Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. “Building Square Footage” means the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City or County. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 2025-1 IA 1” and “CFD” means the City of Chula Vista Community Facilities District No. 2025- 1 Improvement Area 1. “City” means the City of Chula Vista, California. “City Council” means the City Council of the City acting as the legislative body of CFD No. 2025-1 IA 1 under the Act. “County” means the County of San Diego, California. “Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property Page 86 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-3 but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the agreement, indenture, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Tables 1-4 set forth in Section 3A below. Note: Land Uses Class is not in reference to a property’s zoning designation. “Lot(s)” means an individual legal lot created by a Final Map for which a Building Permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. “Master Developer” means Home Fed Village 8E, LLC, a Delaware limited liability company or its successors or assignees. “Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Sections 3.C. and 3.D. below, which may be levied in a given Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of Residential Units available for rent by the general public, not for sale to an end user, and under common management. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or structures, including, but not limited to commercial and industrial uses. “Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. “Prepayment Amount” means the amount required to prepay the Special Tax Obligation in full for an Assessor’s Parcel as described in Section 8.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. Page 87 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-4 2025-1 IA 1 owned in fee by a property owner association, including any master or sub-association. “Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may similarly be applied to other categories of Taxable Property as listed in Section 3 below. “Public Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-1 IA 1, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by or irrevocably offered for dedication to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit(s) has been issued for the purpose of constructing one or more Residential Units. “Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance (sale) or rental, separate from adjacent residential dwelling units, whether a Single Family Property, Multifamily Residential Property, or Affordable Residential Property. “Single Family Residential Property” means all Parcels of Developed Property initially available for sale that consists of a residential dwelling unit designed for occupancy by a single household for which a Building Permit has been issued for the construction of a Residential Unit excluding Multifamily Residential Property or Affordable Residential Property. “Special Tax” means any special tax levied within CFD No. 2025-1 IA 1 pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 2025-1 IA 1. “Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; and (v) pay directly for eligible development impact fees and the acquisition or construction of eligible facilities, provided the inclusion of such amount does not increase the levy of the Special Tax on Undeveloped Property; and (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. “State” means the State of California. “Taxable Property” means the Assessor’s Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Page 88 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-5 Property. “Zone 1” means a geographic area consisting of a portion of Otay Ranch Village 8 East Planning Area R- 1 and R-2 in Attachment A, attached hereto. “Zone 2” means a geographic area consisting of a portion of Otay Ranch Village 8 East Planning Area R- 1 and R-2 as shown in Attachment A, attached hereto. “Zone 3” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-3 and R-4 as shown in Attachment A, attached hereto. “Zone 4” means a geographic are consisting of Otay Ranch Village 8 East Planning Area VC-1 and VC-2 and VC-3 and VC-4/5 as depicted in Attachment A, attached hereto. “Zones” means, collectively, Zone 1, Zone 2, Zone 3, and Zone 4. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2026-27, each Assessor’s Parcel within CFD No. 2025-1 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its applicable Land Use Class and Single Family Residential Property shall be further classified based on its Building Square Footage. In the event a Building Permit is issued for one or more parcels of Residential Property prior to March 1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been assigned to each such Residential Property for the current Fiscal Year, the applicable Assessor’s Parcel may be classified as both Developed Property and Undeveloped Property. In such case, the Special Taxes levied on such Assessor’s Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Residential Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Residential Property for which a Building Permit has not been issued prior to March 1 of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Residential Property to the total number of Residential Property entitled to be developed on such Assessor’s Parcel. The total number of parcels of Residential Property entitled to be developed on the applicable Assessor’s Parcel shall be determined from the recorded final map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. 3. SPECIAL TAX RATES A. Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed Property commencing Fiscal Year 2026-27 shall be determined pursuant to Tables 1-4 below. Table 1 – Zone 1 Assigned Special Tax Rates for Developed Property Page 89 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-6 Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,400 $3,021 2 Single Family Residential Property 1,401 - 1,700 $3,112 3 Single Family Residential Property 1,701 - 2,000 $3,374 4 Single Family Residential Property >= 2,001 $4,181 5 Non-Residential Property n/a $0 Page 90 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-7 Table 2 – Zone 2 Assigned Special Tax Rates for Developed Property Table 3 – Zone 3 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,600 $3,240 2 Single Family Residential Property >= 1,601 $3,287 3 Non-Residential Property n/a $0 Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,500 $3,150 2 Single Family Residential Property 1,501 - 1,715 $3,323 3 Single Family Residential Property 1,716 - 1,930 $3,743 4 Single Family Residential Property 1,931 - 2,145 $3,925 5 Single Family Residential Property 2,146 - 2,360 $4,276 6 Single Family Residential Property 2,361 - 2,575 $4,445 7 Single Family Residential Property >= 2,576 $4,815 8 Non-Residential Property n/a $0 Page 91 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-8 Table 4 – Zone 4 Assigned Special Tax Rates for Developed Property On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax for Developed Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within CFD No. 2025-1 IA 1, the Backup Special Tax for Assessor’s Parcels of Developed Property classified as Residential or Non- Residential Property shall be determined as follows for each Zone: For each Assessor’s Parcel of Residential and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 1, the Backup Special Tax for Fiscal Year 2026-27 shall be the rate per Lot calculated according to the following formula: Zone 1 B = ($74,075 x A) / L Zone 2 B = ($82,519 x A) / L Zone 3 B = ($62,038 x A) / L Zone 4 B = ($1,211 x A) / L The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential and Non-Residential Property in such Final Map. The land area applicable to a Taxable Property shall be computed from the Acreage of the Lot on which the Residential and Non-Residential Property is located, with the Acreage for such Lot allocated equally among the Taxable Properties located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential and Non-Residential Property. Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property or Undeveloped Property for which the Backup Special Tax has been determined for a specific Zone are subsequently changed or modified by recordation of a new or amended Final Map, then the Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $40 2 Multifamily Residential Property n/a $40 3 Non-Residential Property n/a $40 Page 92 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-9 Backup Special Tax applicable to such Assessor’s Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. On each July 1 commencing July 1, 2027, through July 1, 2037, the Backup Special Tax applicable to each Assessor’s Parcel of Residential within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. C. Maximum Special Tax for Developed Property Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed Property within each Zone shall be the greater of the applicable Assigned Special Tax or Backup Special Tax for the appropriate Zone. D. Maximum Special Tax for Undeveloped Property The Maximum Special Tax for Undeveloped Property commencing in Fiscal Year 2026 -27 shall be as follows for each Zone. Zone 1 $74,075 per Acre Zone 2 $82,519 per Acre Zone 3 $62,038 per Acre Zone 4 $1,211 per Acre On each July 1 commencing July 1, 2027, through July 1, 2037, the Maximum Special Tax applicable to each Assessor’s Parcel of Undeveloped Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes If an Assessor’s Parcel may contain more than one Land Use Class, the Maximum Special Tax shall be the sum of the Maximum Special Taxes applicable to each Land Use Class present on the Parcel, as reasonably determined by the CFD Administrator. F. Special Tax Reduction prior to issuance of Bonds Prior to the issuance of the first series of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City’s receipt of a written request from the Master Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than one hundred ten percent (110%) of the estimated debt service, net of administrative expenses, with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property exceeds 2%, the Special Tax Rates shall be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement on Residential and Non- Residential Property with the written consent of the CFD Administrator. It shall not be required that reductions among each Building Square Footage range of Residential Property or Acres of Non-Residential Property be proportional. Additionally, the CFD Public Facilities Costs amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate in the form attached hereto as Attachment “B” shall be used for purposes of evidencing the required written Page 93 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-10 consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded with the County. Once the first series of bonds is issued for CFD No. 2025-1 IA 1, this paragraph 3.F shall become void. 4. METHOD OF APPORTIONMENT For each Fiscal Year commencing Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax on all Taxable Property in accordance with the following steps for each Zone: Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property as needed to satisfy the Special Tax Requirement. Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 2025-1 IA 1 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization and (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 1 to less than 12.75 Acres in Zone 1 and 3.95 Acres in Zone 2 and 18.01 Acres for Zone 3 and 34.89 Acres for Zone 4. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 1 to less than the specified acreages per Zone described in the previous sentence, shall be classified as Taxable Property and will continue to be subject to the CFD No. 2025-1 IA 1 Special Taxes accordingly. Tax exempt status for the purpose of this section will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth above that would make such Assessor’s Parcel eligible to be Page 94 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-11 classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property and subject to the applicable Special Taxes then in effect. 6. APPEALS The CFD Administrator shall have primary responsibility for the interpretation and application of this RMA. Any property owner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, to correct the error: (i) Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii) Require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the property owner believes such error still exists, such person may file a written notice of appeal with the City Manager. Upon receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Manager or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, to correct the error. The City Manager or the designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and making determinations relative to the administration of the Special Tax and any property owner appeals. The decision of the City Manager or designee shall be final and binding to all people. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 8. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The following definitions apply to this Section 8: “CFD Public Facilities Costs” means $34,000,000 or such lower amount as shall be determined Page 95 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-12 by the CFD Administrator as an amount sufficient to pay development impact fees and acquire or construct the facilities to be financed under the Act and financing program for CFD No. 2025- 1 IA 1. “Improvement Fund” means the fund (regardless of its name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay development impact fees authorized to be funded by CFD No. 2025-1 IA 1. “Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously paid from the Improvement Fund to acquire or construct the facilities or pay for development impact fees, (ii) monies currently on deposit in the Improvement Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. “Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 75 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):  Bond Redemption Amount plus Redemption Premium  plus, Future Facilities Costs Prepayment Amount plus Defeasance Amount  plus, Prepayment Administrative Fees and Expenses less Reserve Fund Credit  less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For Assessor’s Parcels of Developed Property, determine the Maximum Special Tax. For Page 96 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-13 Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for CFD No. 2025-1 IA 1 assuming all Building Permits have been issued (build-out) within CFD No. 2025-1 IA 1, excluding any Assessor’s Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor’s Parcels (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the “Redemption Premium”). 6. Compute the Future Facilities Costs. 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Prepayment Amount”). 8. Calculate the administrative fees and expenses of CFD No. 2025-1 IA 1, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, the cost of any escrow agreement, verification report fees, fees of bond counsel or fiscal agent counsel, and the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”). 9. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Subtract the amount computed in paragraph 10 from the amount computed in paragraph 9 (the “Defeasance Amount”). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 100% of the reserve requirement after considering such Page 97 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-14 prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the “Capitalized Interest Credit”). 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 8, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 11, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 8 shall be retained by CFD No. 2025-1 IA 1. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor’s Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A) x F+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section 8.A Page 98 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-15 F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 8.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 2025-1 IA 1 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel. Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. 9. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2076-77. The Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid, no delinquent Special Taxes remain uncollected, and the City has covenanted that it will not issue any more Bonds (other than refunding Bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Page 99 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A ATTACHMENT A – Boundary Map Page 100 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A Page 101 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A Page 102 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A ATTACHMENT B CERTIFICATE TO AMEND THE SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2025-1 IA 1 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA TAX REDUCTION CERTIFICATE 1. The undersigned property owners hereby request modification of the following information in the Rate and Method of Apportionment of Special Tax (the “RMA”) for Community Facilities District No. 2025-1 IA 1 of the City of Chula Vista (the “CFD”). 2. Pursuant to Section 3 of the Rate and Method of Apportionment, as attached to the Notice of Special Tax Lien, recorded in the Official Records of the County of San Diego as Instrument No. XXXXXX on MM/DD/YYYY, the County of San Diego (the “County”) hereby reduces the Assigned Special Tax for Developed Property within the CFD as set forth in Tables 1-4 of the RMA. 3. The information in Tables 1-4 below, relating to the Assigned Special Tax for Developed Property within CFD No. 2025-1 IA 1 shall be amended and restated in full as follows: Table 1 – Zone 1 Assigned Special Tax for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,400 $ 2 Single Family Residential Property 1,401 - 1,700 $ 3 Single Family Residential Property 1,701 - 2,000 $ 4 Single Family Residential Property >= 2,001 $ 5 Non-Residential Property n/a $ Page 103 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A Table 2 – Zone 2 Assigned Special Tax for Developed Property Table 3 – Zone 3 Assigned Special Tax for Developed Property Table 4 – Zone 4 Assigned Special Tax for Developed Property 4. The calculation of the Backup Special Tax for Assessor’s Parcels of Developed Property within CFD Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,600 $ 2 Single Family Residential Property >= 1,601 $ 3 Non-Residential Property n/a $ Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property <= 1,500 $ 2 Single Family Residential Property 1,501 - 1,715 $ 3 Single Family Residential Property 1,716 - 1,930 $ 4 Single Family Residential Property 1,931 - 2,145 $ 5 Single Family Residential Property 2,146 - 2,360 $ 6 Single Family Residential Property 2,361 - 2,575 $ 7 Single Family Residential Property >= 2,576 $ 8 Non-Residential Property n/a $ Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Affordable Residential Property n/a $ 2 Multifamily Residential Property n/a $ 3 Non-Residential Property n/a $ Page 104 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A No. 2025-1 IA 1 classified as Residential Property and Non-Residential Property shall be amended as follows: For each Assessor’s Parcel of Residential Property and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential Property and Non- Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 1, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1: B = (R x A) / L Zone 2: B = (R x A) / L Zone 3: B = (R x A) / L Zone 4: B = (R x A) / L The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential Property and Non-Residential Property in such Final Map. The land area applicable to a Residential Property and Non-Residential Property shall be computed from the Acreage of the Lot on which the Residential Property and Non-Residential Property are located, with the Acreage for such Lot allocated equally among all the Residential Property and Non-Residential Property located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential Property or Non-Residential Property R = Backup Special Tax Rate per Acre 5. On each July 1, commencing July 1, 2027 through July 1, 2037, the Assigned Special Tax Rates in Tables 1-4 and the Backup Special Tax applicable to each Assessor’s Parcel of Residential Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. 6. Section 3 of the RMA may only be modified prior to the issuance of Bonds. 7. Upon execution of the certificate by the City and the CFD, the City shall cause an amended Notice of Special Tax Lien for the CFD to be recorded reflecting the modifications set forth herein. I hereby declare under penalty of perjury that the above representations are true and correct. Property Owner: By: _____________________________________________ Date: ________________________ Page 105 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 2025-1 IA 1 receipt of this Certificate and modification of the RMA as set forth in this Certificate. City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Community Facilities District No. 2025-1 IA 1 of the City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Page 106 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) IMPROVEMENT AREA 2 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A Special Tax shall be levied on all Taxable Property within the boundaries of Community Facilities District No. 2025-1 (Village 8 East) Improvement Area 2 (“CFD No. 2025-1 IA 2” and “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2026-27, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 2025- 1 IA 2, unless exempted by law or by the provisions of Section 5 hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs related to the administration of CFD No. 2025-1 IA 2 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 2025-1 IA 2 or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 2025-1 IA 2, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 2025-1 IA 2, associated with applicable federal and State laws (including CDIAC); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 2025-1 IA 2, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include (1) amounts for Special Tax delinquency monitoring and (2) the estimated amounts or amounts advanced by the City or CFD No. 2025-1 IA 2, if any, for any other administrative purposes of CFD No. 2025-1 IA 2, including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. “Affordable Residential Property” means all Parcels of Developed Property that consists of a home or residential unit in the CFD that has legally recorded affordability restrictions, including but not limited to deed restrictions, regulatory agreements, or other recorded instruments that limit rent for lower‐ income households. The determination of whether a Parcel qualifies as Affordable Residential Property shall be made by the CFD Administrator based on a review of applicable recorded documents and any supporting information provided to the City. Page 107 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-2 “Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel. “Assessor” means the Assessor of the County of San Diego. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means the number assigned to a parcel designated by the Assessor for purposes of identification. “Assigned Special Tax” means the Special Tax of that name described in Section 3.A below. “Backup Special Tax” means the Special Tax of that name described in Section 3.B below. “Bonds” means any bonds or other debt of CFD No. 2025-1 IA 2 issued or incurred whether in one or more series, secured by the levy of Special Taxes. “Boundary Map” means a recorded map which indicates the boundaries of CFD No. 2025-1 IA 2. “Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. “Building Square Footage” means the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City or County. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 2025-1 IA 2” and “CFD” means the City of Chula Vista Community Facilities District No. 2025- 1 Improvement Area 2. “City” means the City of Chula Vista, California. “City Council” means the City Council of the City acting as the legislative body of CFD No. 2025-1 IA 2 under the Act. “County” means the County of San Diego, California. Page 108 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-3 “Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the agreement, indenture, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Table 1set forth in Section 3A below. Note: Land Uses Class is not in reference to a property’s zoning designation. “Lot(s)” means an individual legal lot created by a Final Map for which a Building Permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. “Master Developer” means Home Fed Village 8E, LLC, a Delaware limited liability company or its successors or assignees. “Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Sections 3.C. and 3.D. below, which may be levied in a given Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of Residential Units available for rent by the general public, not for sale to an end user, and under common management. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Page 109 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-4 Permit has been issued for the purpose of constructing one or more non-residential units or structures, including, but not limited to commercial and industrial uses. “Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. “Prepayment Amount” means the amount required to prepay the Special Tax Obligation in full for an Assessor’s Parcel as described in Section 8.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 2025-1 IA 2 owned in fee by a property owner association, including any master or sub-association. “Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may similarly be applied to other categories of Taxable Property as listed in Section 3 below. “Public Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-1 IA 2, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by or irrevocably offered for dedication to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit(s) has been issued for the purpose of constructing one or more Residential Units. “Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance (sale) or rental, separate from adjacent residential dwelling units, whether a Single Family Property, Multifamily Residential Property, or Affordable Residential Property. “Single Family Residential Property” means all Parcels of Developed Property initially available for sale that consists of a residential dwelling unit designed for occupancy by a single household for which a Building Permit has been issued for the construction of a Residential Unit excluding Multifamily Residential Property or Affordable Residential Property. “Special Tax” means any special tax levied within CFD No. 2025-1 IA 2 pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 2025-1 IA 2. “Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds Page 110 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-5 for all Outstanding Bonds; and (v) pay directly for eligible development impact fees and the acquisition or construction of eligible facilities, provided the inclusion of such amount does not increase the levy of the Special Tax on Undeveloped Property; and (vi) pay for reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. “State” means the State of California. “Taxable Property” means the Assessor’s Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. “Zone 1” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-5 and R-6 as shown in Attachment A, attached hereto. “Zone 2” means a geographic area consisting of Otay Ranch Village 8 East Planning Area R-7, R-8, R-9, and R-10 as shown in Attachment A, attached hereto. “Zone 3” means a geographic area consisting of Otay Ranch Village 8 East Planning Area VC-6 and VC-7 as shown in Attachment A, attached hereto. “Zones” means, collectively, Zone 1, Zone 2, and Zone 3. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2026-27, each Assessor’s Parcel within CFD No. 2025-1 IA 2 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor’s Parcel of Developed Property shall be classified according to its applicable Land Use Class and Single Family Residential Property shall be further classified based on its Building Square Footage. In the event a Building Permit is issued for one or more parcels of Residential Property prior to March 1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been assigned to each such Residential Property for the current Fiscal Year, the applicable Assessor’s Parcel may be classified as both Developed Property and Undeveloped Property. In such case, the Special Taxes levied on such Assessor’s Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Residential Property for which a Building Permit was issued prior to March 1 of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Residential Property for which a Building Permit has not been issued prior to March 1 of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Residential Property to the total number of Residential Property entitled to be developed on such Assessor’s Parcel. The total number of parcels of Residential Property entitled to be developed on the applicable Assessor’s Parcel shall be determined from the recorded final map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. Page 111 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-6 3. SPECIAL TAX RATES A. Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed Property commencing Fiscal Year 2026-27 shall be determined pursuant to Tables 1-3 below. Table 1 – Zone 1 Assigned Special Tax Rates for Developed Property Table 2 – Zone 2 Assigned Special Tax Rates for Developed Property Land Use Class Land Use Type Building Square Footage Assigned Special Tax (per Residential Unit) 1 Single Family Residential Property < = 1,400 $3,021 2 Single Family Residential Property 1,401 - 1,700 $3,112 3 Single Family Residential Property 1,701 - 2,000 $3,374 4 Single Family Residential Property > = 2,001 $4,181 5 Non-Residential Property n/a $0 Page 112 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-7 Table 3 – Zone 3 Assigned Special Tax Rates for Developed Property On each July 1 commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax for Developed Property shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within CFD No. 2025-1 IA 2, the Backup Special Tax for Assessor’s Parcels of Developed Property classified as Residential or Non- Residential Property shall be determined as follows: For each Assessor’s Parcel of Residential and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 2, the Backup Special Tax for Fiscal Year 2026-27 shall be the rate per Lot calculated according to the following formula: The terms have the following meanings: B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential and Non-Residential Property in such Final Map. The land area applicable to a Taxable Property shall be computed from the Acreage of the Lot on which the Residential and Non-Residential Property is located, with the Acreage for such Lot allocated equally among the Taxable Properties located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential and Non-Residential Property. Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property or Undeveloped Page 113 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-8 Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor’s Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. On each July 1, commencing July 1, 2027, through July 1, 2037, the Backup Special Tax applicable to each Assessor’s Parcel of Residential shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. C. Maximum Special Tax for Developed Property Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed Property within each Zone shall be the greater of the applicable Assigned Special Tax or Backup Special Tax for the appropriate Zone. D. Maximum Special Tax for Undeveloped Property The Maximum Special Tax for Undeveloped Property commencing in Fiscal Year 2026 -27 shall be as follows for each Zone. On each July 1 commencing July 1, 2027, through July 1, 2037, the Maximum Special Tax applicable to each Assessor’s Parcel of Undeveloped Property within each Zone shall be increased by two percent (2.0%) of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes If an Assessor’s Parcel may contain more than one Land Use Class, the Maximum Special Tax shall be the sum of the Maximum Special Taxes applicable to each Land Use Class present on the Parcel, as reasonably determined by the CFD Administrator. F. Special Tax Reduction prior to issuance of Bonds Prior to the issuance of the first series of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City’s receipt of a written request from the Master Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than one hundred ten percent (110%) of the estimated debt service, net of administrative expenses, with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property exceeds 2%, the Special Tax Rates shall be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement on Residential and Non- Residential Property with the written consent of the CFD Administrator. It shall not be required that reductions among each Building Square Footage range of Residential Property or Acres of Non-Residential Property be proportional. Additionally, the CFD Public Facilities Costs amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax Rates pursuant Page 114 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-9 to this paragraph, as reasonably determined by the CFD Administrator. A certificate in the form attached hereto as Attachment “B” shall be used for purposes of evidencing the required written consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded with the County. Once the first series of Bonds is issued for CFD No. 2025-1 IA 2, this paragraph 3.F shall become void. 4. METHOD OF APPORTIONMENT For each Fiscal Year commencing Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax on all Taxable Property in accordance with the following steps for each Zone: Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property as needed to satisfy the Special Tax Requirement. Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 2025-1 IA 2 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization and (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 2 to less than 17.27 Acres in Zone 1 and 45.94 Acres in Zone 2 and 9.19 Acres for Zone 3. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No. 2025-1 IA 2 to less than the specified acreages per Zone described in the previous sentence, shall be classified as Taxable Property and will continue to be subject to the CFD No. 2025-1 IA 2 Special Taxes accordingly. Tax exempt status for the purpose of this section will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property. Page 115 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-10 If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property and subject to the applicable Special Taxes then in effect. Page 116 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-11 6. APPEALS The CFD Administrator shall have primary responsibility for the interpretation and application of this RMA. Any property owner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, to correct the error: (i) Amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii) Require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the property owner believes such error still exists, such person may file a written notice of appeal with the City Manager. Upon receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Manager or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, to correct the error. The City Manager or the designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and making determinations relative to the administration of the Special Tax and any property owner appeals. The decision of the City Manager or designee shall be final and binding to all people. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 8. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The following definitions apply to this Section 8: “CFD Public Facilities Costs” means $52,000,000 or such lower amount as shall be determined by the CFD Administrator as an amount sufficient to pay development impact fees and acquire or construct the facilities to be financed under the Act and financing program for CFD No. 2025- 1 IA 2. Page 117 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-12 “Improvement Fund” means the fund (regardless of its name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay development impact fees authorized to be funded by CFD No. 2025-1 IA 2. “Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs previously paid from the Improvement Fund to acquire or construct the facilities or pay for development impact fees, (ii) monies currently on deposit in the Improvement Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. “Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 75 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below):  Bond Redemption Amount plus Redemption Premium  plus, Future Facilities Costs Prepayment Amount plus Defeasance Amount  plus, Prepayment Administrative Fees and Expenses less Reserve Fund Credit  less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For Assessor’s Parcels of Developed Property, determine the Maximum Special Tax. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as though it was already Page 118 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-13 designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for CFD No. 2025-1 IA 2 assuming all Building Permits have been issued (build-out) within CFD No. 2025-1 IA 2, excluding any Assessor’s Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor’s Parcels (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the “Redemption Premium”). 6. Compute the Future Facilities Costs. 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Prepayment Amount”). 8. Calculate the administrative fees and expenses of CFD No. 2025-1 IA 2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, , the cost of any escrow agreement, verification report fees, fees of bond counsel or fiscal agent counsel, and the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”). 9. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Subtract the amount computed in paragraph 10 from the amount computed in paragraph 9 (the “Defeasance Amount”). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 100% of the reserve requirement after considering such prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the Page 119 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-14 time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the “Capitalized Interest Credit”). 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 8, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the “Prepayment Amount”). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 11, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 8 shall be retained by CFD No. 2025-1 IA 2. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor’s Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A) x F+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section 8.A F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation Page 120 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-15 A = the Prepayment Administrative Fees and Expenses from Section 8.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 2025-1 IA 2 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel. Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. 9. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2076-77. The Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid, no delinquent Special Taxes remain uncollected, and the City has covenanted that it will not issue any more Bonds (other than refunding Bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Page 121 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-1 ATTACHMENT A – Boundary Map Page 122 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-2 Page 123 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment A-3 Page 124 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-1 ATTACHMENT B CERTIFICATE TO AMEND THE SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2025-1 IA 2 OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA TAX REDUCTION CERTIFICATE 1. The undersigned property owners hereby request modification of the following information in the Rate and Method of Apportionment of Special Tax (“RMA”) for Community Facilities District No. 2025- 1 IA 2 of the City of Chula Vista (“CFD”). 2. Pursuant to Section 3 of the Rate and Method of Apportionment, as attached to the Notice of Special Tax Lien, recorded in the Official Records of the County of San Diego as Instrument No. XXXXXX on MM/DD/YYYY, the County of San Diego (“County”) hereby reduces the Assigned Special Tax for Developed Property within the CFD as set forth in Tables 1-3 of the RMA. 3. The information in Tables 1-3 below, relating to the Assigned Special Tax for Developed Property within CFD No. 2025-1 IA 2 shall be amended and restated in full as follows: Table 1 – Zone 1 Assigned Special Tax for Developed Property Page 125 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-2 Table 2 – Zone 2 Assigned Special Tax for Developed Property Table 3 – Zone 3 Assigned Special Tax for Developed Property 4. The calculation of the Backup Special Tax for Assessor’s Parcels of Developed Property within CFD No. 2025-1 IA 2 classified as Residential Property and Non-Residential Property shall be amended as follows: For each Assessor’s Parcel of Residential Property and Non-Residential Property or for each Assessor’s Parcel of Undeveloped Property to be classified as Residential Property and Non-Residential Property upon its development within the Final Map area of CFD No. 2025-1 IA 2, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1: B = (R x A) / L Zone 2: B = (R x A) / L Zone 3: B = (R x A) / L The terms have the following meanings: Page 126 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 60297.00089\45137212.2 Attachment B-3 B = Backup Special Tax per Lot A = Acreage classified or to be classified as Residential Property and Non-Residential Property in such Final Map. The land area applicable to a Residential Property and Non-Residential Property shall be computed from the Acreage of the Lot on which the Residential Property and Non-Residential Property are located, with the Acreage for such Lot allocated equally among all the Residential Property and Non-Residential Property located or to be located on such Lot. L = For a Final Map, the number of Lots which are classified or to be classified as Residential Property or Non-Residential Property R = Backup Special Tax Rate per Acre 5. On each July 1, commencing July 1, 2027, through July 1, 2037, the Assigned Special Tax Rates in Tables 1-3 and the Backup Special Tax applicable to each Assessor’s Parcel of Residential Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. 6. Section 3 of the RMA may only be modified prior to the issuance of Bonds. 7. Upon execution of the certificate by the City and the CFD, the City shall cause an amended Notice of Special Tax Lien for the CFD to be recorded reflecting the modifications set forth herein. I hereby declare under penalty of perjury that the above representations are true and correct. Property Owner: By: _____________________________________________ Date: ________________________ By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 2025-1 IA 2 receipt of this Certificate and modification of the RMA as set forth in this Certificate. City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Community Facilities District No. 2025-1 IA 2 of the City of Chula Vista By: _____________________________________________ Date: ________________________ CFD Administrator Page 127 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda #0 ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !!! ! !!! ! ! !!!!!!! ! ! !!! ! ! ! ! !! ! ! ! ! ! ! !! ! WO L F C A N Y O N AV N D A T E A L I N G BRONZE CALLE GRA N D O N CALLIST O WHITM O R E LA M E D I A MAIN MIN TMILL E N I A CALLE E S C U E L A MA G D A L E N A DE L S U E N O LA P A L M I T A AVANT PASEO ARCH E R PEABOD Y SAVOR I A DE L G A D O SANTA LUNA 1 2 3 4 5 6 7 8 30 31 33 32 34 35 36 5960 78 Legend #0 Point Of Commencement SpecialTaxBoundary Improvement Area 1 Improvement Area 2 Current Parcel Boundary Parcel Boundary Not A Part HARRIS & ASSOCIATES 101 PROGRESS, SUITE 250 IRVINE, CALIFORNIA 92618 800-827-4901 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF 2 THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN DIEGO COUNTY ASSESSOR’S MAPS FOR FISCAL YEAR 2025-2026. ÄÆ75 ÄÆ282 ÄÆ905 ÄÆ54 ÄÆ67 ÄÆ274 ÄÆ209 ÄÆ94 ÄÆ163 ÄÆ125 ÄÆ52 §¨¦8 §¨¦15 §¨¦805 §¨¦5 CFD 2025-01 .0 1,000500 Feet Coordinate System: NAD 1983 State Plane California V FIPS 0406 Feet Projection: Lambert Conformal Conic Datum: North American 1983 False Easting: 6,561,666.666666666 False Northing: 1,640,416.666666667 Central Meridian: -116.25 Standard Parallel 1: 32.78333333333333 Standard Parallel 2: 33.88333333333333 Latitude Of Origin: 32.1666666666666 Being a Portion of Sections 15, and 22 T. 18S R. 01W San Diego County ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 6162 63 64 65 66 67 6869 70 71 72 73 74 75 76 77 !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!!! 3738 39 40 4142434445 46 47484950 5152535455565758 ! !!! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! 9 10111213 14 15 16 17 18 19 20 21 22 2324 25 26 27 28 29 See Inset Map C See Inset Map B See Inset Map A Inset Map A Inset Map C Inset Map B #Bearing or Delta(Δ)/Radius(R)Distance 1 N62°10'49"E 1153.82' 2 Δ=02°43'27" R=6500.00 309.05' 3 N25°05'44"W 64.24' 4 N64°57'12"E 210.78' 5 Δ=01°54'58" R=2064.00 69.03' 6 N66°52'10"E 82.59' 7 Δ=03°07'45" R=1046.00 57.12' 8 N69°59'55"E 127.56' 9 N18°50'00"E 148.42' 10 N72°20'05"E 8.38' 11 Δ=01°10'05" R=567.00'11.56' 12 N71°10'00"E 30.06' 13 N70°02'14"W 21.81' 14 N19°58'00"W 65.19' 15 Δ=23°13'00" R=641.00'259.74' 16 N43°11'00"W 206.49' 17 Δ=03°55'00" R=641.00'43.82' 18 N47°06'00"W 80.59' 19 Δ=26°09'00" R=579.00'264.26' 20 N20°57'00"W 62.90' 21 N33°06'38"W 21.29' 22 N19°51'38"W 95.00' 23 N70°09'00"W 1.03' 24 N06°57'05"W 5.00' 25 N18°01'30"W 90.91' 26 N28°15'19"W 71.15' 27 N33°21'12"W 61.45' 28 N20°57'00"W 8.55' 29 Δ=05°37'00" R=664.00'65.09' 30 N15°20'00"W 637.91' 31 N15°20'00"W 686.46' 32 N15°10'34"W 376.40' 33 N06°16'18"W 470.77' 34 N08°31'16"W 230.59' 35 N21°25'33"W 151.67' 36 N07°23'01"W 669.55' 37 N53°22'49"W 42.50' 38 Δ=26°08'01" R=77.50'35.35' 39 N62°45'12"E 70.73' #Bearing or Delta(Δ)/Radius(R)Distance 40 N54°52'00"E 69.36' 41 N61°06'00"E 45.51' 42 Δ=12°23'37" R=180.00'38.94' 43 Δ=17°17'37" R=100.00'30.18' 44 N66°06'00"E 47.26' 45 Δ=12°12'15" R=100.00'21.30' 46 N53°47'45"E 110.34' 47 Δ=15°24'15" R=70.00'18.82' 48 N69°12'00"E 49.56' 49 N69°24'00"E 55.80' 50 N66°21'00"E 28.33' 51 Δ=08°35'06" R=990.00'148.34' 52 N78°11'40"E 53.60' 53 Δ=18°01'20" R=388.00'122.04' 54 N83°47'00"E 24.41' 55 N77°55'00"E 15.87' 56 Δ=18°17'00" R=150.00'47.87' 57 N83°48'00"E 28.01' 58 N79°48'31"E 41.59' 59 N77°45'44"E 272.67' 60 N72°58'00"E 72.06' 61 N59°07'41"W 2.79' 62 N14°51'00"W 16.68' 63 N07°34'00"W 29.90' 64 Δ=26°07'04" R=110.00'50.14' 65 Δ=17°36'26" R=90.00'27.66' 66 Δ=19°15'22" R=190.00'63.86' 67 N35°20'00"W 27.26' 68 Δ=22°01'06" R=40.00'15.37' 69 N13°18'54"W 8.21' 70 N19°26'00"W 101.00' 71 N18°28'30"W 154.46' 72 N11°57'00"W 37.10' 73 Δ=55°20'00" R=60.00'57.94' 74 N67°17'00"W 21.17' 75 N74°43'00"W 27.62' 76 N18°40'05"W 70.23' 77 N72°00'00"E 27.00' 78 N18°40'05"W 3426.00' Page 128 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda ")11 ")7 ")15 ")12 ")18 ")9 ")8 ")13 ")19 ")10 ")14 ")1 ")6 ")2 ")3 ")4 ")5 ")16 ")16 ")16 ")16 ")16 ")16 ")17 ")17 ")20 ")20 ")20 WO L F C A N Y O N AV N D A T E A L I N G BRONZE CALLE GRA N D O N CALLIST O WHITM O R E LA M E D I A MAIN MIN T VENTA R A CA M S O L E R A MILL E N I A CALLE E S C U E L A SAVOR I A MA G D A L E N A LA P A L M I T A DE L S U E N O AVANT PASEO ARCH E R PEABOD Y DE L G A D O SANTA LUNA HARRIS & ASSOCIATES 101 PROGRESS, SUITE 250 IRVINE, CALIFORNIA 92618 800-827-4901 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (VILLAGE 8 EAST) CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 2 OF 2 THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN DIEGO COUNTY ASSESSOR’S MAPS FOR FISCAL YEAR 2025-2026. ÄÆ75 ÄÆ282 ÄÆ905 ÄÆ54 ÄÆ67 ÄÆ274 ÄÆ209 ÄÆ94 ÄÆ163 ÄÆ125 ÄÆ52 §¨¦8 §¨¦15 §¨¦805 §¨¦5 CFD 2025-01 .0 1,000500 Feet Coordinate System: NAD 1983 State Plane California V FIPS 0406 Feet Projection: Lambert Conformal Conic Datum: North American 1983 False Easting: 6,561,666.666666666 False Northing: 1,640,416.666666667 Central Meridian: -116.25 Standard Parallel 1: 32.78333333333333 Standard Parallel 2: 33.88333333333333 Latitude Of Origin: 32.1666666666666 Being a Portion of Sections 15, and 22 T. 18S R. 01W San Diego County Legend SpecialTaxBoundary Parcel Boundary Current Parcel Boundary Not A Part Improvement Area 1 Improvement Area 1 Tax Zone 1 Tax Zone 2 Tax Zone 3 Tax Zone 4 Improvement Area 2 Improvement Area 2 Tax Zone 1 Tax Zone 2 Tax Zone 3 V8E_PG Page 129 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Agreements: Approve an Agreement with Southern Counties Oil Co., a CA Limited Partnership DBA SC Fuels, and an Amendment to the Agreement with SC Commercial, LLC DBA SC Fuels for Fuel Supply and Delivery Report Number: 25-0205 Location: No specific geographic location Department: Public Works G.C. § 84308 Regulations Apply: Yes Environmental Notice: The proposed action is not a "Project" as defined under Section 15378 of the State California Environmental Quality Act (“CEQA”) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt the following resolutions: A) Approving an agreement with Southern Counties Oil Co., a CA Limited Partnership DBA SC Fuels (“SCOC”); and B) Approving an amended agreement with SC Commercial, LLC DBA SC Fuels (“SC Commercial”) to provide motor vehicle fuel supply and delivery. SUMMARY The City of Chula Vista (“City”) purchases gasoline and renewable diesel for use in City vehicles and equipment. The City recently solicited bids for motor vehicle fuel supply and delivery. Staff awarded a contract to “SC Fuels” for the purchase of motor vehicle fuel on an as-needed basis. On May 5, 2026, Council approved an agreement with SC Commercial for these services. Due to SC Commercial and SCOC being two separate legal entities, it is necessary to amend the agreement with SC Commercial and enter into a new agreement with SCOC. Staff recommends: 1) approving an agreement with SCOC, and 2) amending the agreement with SC Commercial to reduce the not-to-exceed amount. Page 130 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 ENVIRONMENTAL REVIEW The proposed action was reviewed for compliance with the California Environmental Quality Act (“CEQA”), and it was determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The City purchases gasoline and renewable diesel to support the operation of City vehicles and equipment. The City maintains a fleet of over 650 vehicles and equipment units that utilize City fueling stations. Request for Proposal Process On October 24, 2025, the City posted a Request for Proposals (“RFP”) P15-2026 to PlanetBids, seeking a competitive proposal from qualified vendors to provide the Public Works Department with fuel supply and delivery services. Through PlanetBids, 48 potential bidders were notified with 19 prospective bidders downloading the bid documentation. Of the 19 prospective bidders, the City received five (5) responsive proposals. A selection committee composed of Public Works Department staff completed a c omprehensive evaluation of the proposals based on criteria that included the contractors’ experience with fuel supply and delivery, the ability to provide the services, price, and references. Following the evaluation, the selection committee recommended award of the contract to “SC Fuels”. The proposal was submitted as a combined submission by SC Commercial and SCOC (both with the same DBA “SC Fuels”), which are two separate legal entities. A Notice of Intent to Award was issued to all firms that submitted proposals on February 5, 2026. Scope of Work SC Fuels shall provide bulk fuel services for unleaded, and renewable diesel fuels to all City fixed fuel sites on an “as needed” basis. City fuel sites include the following:  Fire Station 3 (100 Moss St)  Fire Station 4 (850 Paseo Ranchero)  Fire Station 5 (341 Orange Ave)  Fire Station 7 (1640 Santa Venetia)  Public Works Corp Yard (1800 Maxwell Road) Pricing The price of the fuel is determined on the date of delivery and is based on the Oil Price Information Ser vice (“OPIS”) “Unbranded Low Rack” fuel price benchmark for San Diego. The “Unbranded Low Rack” is a Page 131 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 snapshot of the lowest supplier posting in the OPIS rack market for the day. The RFP required contractors to propose a Market Differential for the OPIS Rack market for each given delivery item listed in the RFP. The Market Differential is a four-digit decimal numerical value, that is added to the benchmark index for the price of a given fuel product. The market differential includes all cost and profit compo nents determined by the contractor, excluding any applicable fuel taxes. The rack price plus the market differential is the total price to be paid by the City upon delivery of fuel. To ensure the City is receiving the best possible price, staff will monitor the fuel delivery invoices. Original Agreement with SC Commercial On May 5, 2026, Council approved the agreement with SC Commercial for the purchase of fuel supply and delivery based on the aforementioned RFP process. At the time of award, the agreement was entered into solely with SC Commercial, DBA SC Fuels under the understanding that the single DBA designation would cover all operational vehicles required for the required services. In practice, the DBA “SC Fuels” is utilized by two separate legal entities (SC Commercial and SCOC) that split the operational logistics by volume, with SC Commercial handling deliveries for up to 3,800 gallons of fuel and SCOC handling deliveries for up to 7,800 gallons of diesel/8,800 gallons of unleaded gasoline. Due to both SC Commercial and SCOC conducting business under a single, shared DBA “SC Fuels”, the division of labor by volume limits was inadvertently not reflected in the final contract structure, resulting in a need to more accurately reflect the division of labor. The agreement with SC Commercial included an initial three- year agreement term with two (2) one-year options to extend and a not-to-exceed amount listed on the SC Commercial agreement as $6,000,000. Council approved a total not-to-exceed amount by resolution of $10,000,000 intended to cover the totality of the required services to be completed by SC Fuels, which includes work to be done by both SC Commercial and SCOC. Amendment with SC Commercial and New Agreement with SCOC The fuel storage tank capacity at the Fire Station sites range from 500 gall ons to 2,000 gallons. The capacity at these sites make it ideal for SC Commercial’s bobtail truck to make these volume deliveries. (See Exhibit E of the original agreement for tank sizes at each location.) The Public Works Corp Yard fuel site has a storage capacity of 12,000 gallons each (unleaded gasoline & diesel). SCOC’s full transport or “truck and trailer” deliveries can supply up to 7,800 gallons of diesel or 8,800 gallons of unleaded gasoline. This truck delivery size is more suitable for the fuel needs of the Public Works Corp Yard fuel site and makes delivery more cost effective. It is important to note, that truck and trailers are not able to deliver to the Fire Stations sites due to size constraints. Staff recommends approval of an amendment to the agreement with SC Commercial and approving an agreement with SCOC. As previously noted, SC Commercial and SCOC are two separate legal entities with a shared DBA “SC Fuels” and therefore, two separate agreements are required to reflect the division of labor. Each agreement for fuel supply and delivery will be for an initial term of three (3) years, with two (2) one - year options to extend. Page 132 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 Approval of Resolution A will amend the agreement with SC Commercial to reflect an updated not-to-exceed limitation. The amended agreement will be effective July 28, 2026 and is anticipated to conclude on June 30, 2029. During the period, the agreement will have a not-to-exceed amount of $3,300,000. Should both options to extend the agreement are executed, the total agreement amount shall not exceed $5,500,000. The first amendment to the agreement with SC Commercial is included as Attachment 1. Approval of Resolution B will authorize entering into an agreement with SCOC. The agreement with SCOC will have an initial term effective July 28, 2026 and is anticipated to conclude on June 30, 2029, and shall not exceed $2,700,000. If both options to extend are executed, the maximum agreement amount will be limited to $4,500,000. The agreement with SCOC is included as Attachment 2. The initial term for both agreements through June 30, 2029 shall not exceed $6,000,000. The combined not- to-exceed amount for both agreements, with optional extensions exercised, will be $10,000,000. This collective maximum is consistent with Resolution No. 2026-069 for the original agreement with SC Commercial, and no new costs are being added as a result of this action. 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 Funding for motor vehicle fuel supply and delivery is included in the fiscal year 2026-27 Central Garage Fund budget. The approval of the amendment with SC Commercial and new agreement with SCOC do not provide for additional funding capacity and instead splits the original agreement amount between the two agreements. The combined not-to-exceed total of $10,000,000 is consistent with Resolution No. 2026-069 for the original agreement amount with SC Commercial. There is no additional fiscal impact from approving these agreements. ONGOING FISCAL IMPACT Approval of the resolution splits the existing contract with SC Commercial between two distinct legal entities (SC Commercial and SCOC) operating with a shared DBA. This change does not increase the term of the agreement or the not-to-exceed contract amount. Due to various factors including the volatile nature of fuel prices and a continuously growing fleet, the total amount of both agreements (SC Commercial and SCOC) allows for an annual expenditure of up to $2.0 million per year ($1.1 million for SC Commercial and $0.9 million for SCOC) during the term of the agreement. Costs relating to services provided by SCOC and SC Commercial in subsequent fiscal years will be considered as part of the annual budget development process. Page 133 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 5 If the two agreement extensions are authorized, the table below outlines the not-to-exceed amount for the 60-month term. Agreement capacity is $2.0 million total per year but actuals will fluctuate from year to year based on actual demand: Description Initial Term FY 2027 - FY 2029 Extension 1 FY 2030 Extension 2 FY2031 TOTAL – Total $6.0M $2.0M $2.0M $10.0M ATTACHMENTS 1. First Amendment to Agreement - SC Commercial 2. Two-Party Agreement - SCOC Staff Contact: Alicia Granados, Senior Management Analyst Angelica Aguilar, Director of Public Works Page 134 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CONTRACTOR SERVICE AGREEMENT FOR MOTOR VEHICLE FUEL SUPPLY AND DELIVERY BETWEEN THE CITY OF CHULA VISTA AND SC COMMERCIAL, LLC, DBA SC FUELS WHEREAS, on October 24, 2025, the City issued a Request for Proposal for fuel supply and delivery services; and WHEREAS, the City contractor selection committee completed its review of the proposals and determined SC Fuels (SC Commercial, LLC and Southern Counties Oil Company) as the firm to provide such services; and WHEREAS, on May 5, 2026, Council approved the Contractor Service Agreement (“Original Agreement”) with SC Commercial, LLC, DBA SC Fuels (“SC Commercial”) effective July 1, 2026; and WHEREAS, the Original Agreement included a three-year contract term with two (2) one- year options to extend and the combined total of all assigned projects per the contractor agreement as a not to exceed $6,000,000 in the aggregate; and WHEREAS, City and Consultant desire to amend the Original Agreement to reduce the not-to-exceed amount to $5,500,000 in the aggregate; and WHEREAS, SC Commercial, LLC, DBA SC Fuels and Southern Counties Oil Company, a California Limited Partnership DBA SC Fuels are two separate legal entities; and WHEREAS, the Original Agreement included all bulk fuel deliveries be made by SC Commercial; and WHEREAS, City and Consultant desire to amend the Original Agreement to specify the delivery volume sizes made by SC Commercial up to 3,800 gallons per each delivery; and WHEREAS, the agreement with SC Commercial, LLC, DBA SC Fuels, not-to-exceed amount to be reduced to $5,500,000; and WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Agreement. Page 135 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the First Amendment to Contractor Service Agreement for Motor Vehicle Fuel supply and delivery, between the City and SC Commercial, LLC. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the City Manager to execute the contract, in the form presented, with such minor modifications as may be required or approved by the City Attorney, and directs a copy of the contract to be kept on file in the Office of the City Clerk. Presented by Approved as to form by Angelica Aguilar Marco A. Verdugo Director of Public Works City Attorney Page 136 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICE AGREEMENT FOR MOTOR VEHICLE FUEL SUPPLY AND DELIVERY BETWEEN THE CITY OF CHULA VISTA AND SOUTHERN COUNTIES OIL CO., A CALIFORNIA LIMITED PARTNERSHIP DBA SC FUELS WHEREAS, the City of Chula Vista (“City”) has a need for gasoline and renewable diesel for use in City vehicles and equipment on an as-neeeded basis; and WHEREAS, the City desires to procure qualified contractor to supply and deliver gasoline and renewable diesel; and WHEREAS, on October 24, 2025, the City issued a Request for Proposal for fuel supply and delivery services; and WHEREAS, the City received five (5) proposals from contractors interested in providing fuel supply and delivery services; and WHEREAS, the City contractor selection committee completed its review of the proposals and determined SC Fuels (SC Commercial, LLC and Southern Counties Oil Company) as the firm to provide such services; and WHEREAS, the City contractor selection process has been conducted in accordance with Section 2.56.070.B of the Chula Vista Municipal Code; and WHEREAS, SC Commercial, LLC, DBA SC Fuels and Southern Counties Oil Company, a California Limited Partnership DBA SC Fuels are two separate legal entities and require two separate agreements; and WHEREAS, the City and Southern Counties Oil Company, a California Limited Partnership DBA SC Fuels (“Contractor”) desire to enter into a contractor service agreement for delivery volumes up to 7,800 gallons of diesel or 8,800 gallons of gasoline per delivery; and WHEREAS, the desired contractor service agreement shall have a three-year agreement term with two (2) one-year options to extend and the combined total of all assigned projects per the contractor service agreement not to exceed $4,500,000 in the aggregate; and WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Contractor Service Agreement. Page 137 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Contractor Service Agreement for Motor Vehicle Fuel supply and delivery, between the City and Southern Counties Oil Company. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the City Manager to execute the contract, in the form presented, with such minor modifications as may be required or approved by the City Attorney, and directs a copy of the contract to be kept on file in the Office of the City Clerk. Presented by Approved as to form by Angelica Aguilar Marco A. Verdugo Director of Public Works City Attorney Page 138 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-208 Consultant Name: SC Commercial, LLC DBA SC Fuels Rev. 10/08/2025 First AMENDMENT to Agreement between the City of Chula Vista and SC Commercial, LLC DBA SC Fuels For Motor Vehicle Fuel Supply and Delivery This FIRST AMENDMENT (“Amendment”) is entered into effective as of July 28, 2026 (“Effective Date”) by and between the City of Chula Vista (“City”) and SC Commercial, LLC DBA SC Fuels (“Contractor”) (collectively, the “Parties” and each individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the Parties entered into Contractor Services Agreement (the “Agreement”) on July 1, 2026; and WHEREAS, the Parties desire to amend the Agreement to reduce the not-to-exceed contract amount to $5,500,000 in the aggregate as more specifically set forth below; and WHEREAS, on October 24, 2025, City issued a Request for Proposal (RFP) for fuel supply and delivery services; and WHEREAS, the City contractor selection committee completed its review of the proposals and determined SC Fuels (SC Commercial, LLC and Southern Counties Oil Company) as the firm to provide such services; and WHEREAS, SC Commercial, LLC (“SC Commercial”) and Southern Counties Oil Company (“Southern Counties”), a California Limited Partnership are two separate legal entities and both DBA as SC Fuels; and WHEREAS, on May 5, 2026, Council approved the Agreement with SC Commercial, LLC, DBA SC Fuels; and WHEREAS, the Agreement included a three-year contract term with two (2) one-year options to extend and the combined total cost of all assigned projects set not to exceed $10,000,000 in the aggregate; and WHEREAS, the services described in the Agreement included bulk fuel deliveries to be made by SC Commercial; and WHEREAS, the Parties desire to amend the Agreement to specify the delivery volume sizes made by SC Commercial as more specifically set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, the Parties agree as follows: Page 139 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-208 Consultant Name: SC Commercial, LLC DBA SC Fuels Rev. 10/08/2025 1. Section 2.A. of Exhibit A of the Agreement shall be amended to include “SC Commercial, dba” at the beginning of the paragraph and shall read as follows: “SC Commercial, dba SC Fuels shall provide bulk fuel services for Unleaded, and Renewable Diesel fuels to all City fixed fuel sites on an “as needed” basis. See Exhibit E for list of fuel site locations, fuel types and aboveground storage tanks (AST) size by gallons.” 2. Section 2.B.2 of Exhibit A of the Agreement shall be amended to include the following as a new paragraph at the end of this section: “SC Commercial, LLC dba SC Fuels operates the commercial/fleet division throughout its marketing area. Their bobtail trucks deliver up to 3,800 gallons of fuel depending on the product (gasoline or diesel fuel). Truck compartment sizes vary. The bobtail truck deliveries will mostly service the Fire Station Fuel Stations, as the fuel storage tank capacity at those locations range from 500 gallons to 2,000 gallons. The bobtail trucks may also deliver to the Public Works Corp Yard, if needed. See Exhibit E of the original agreement for tank sizes at each location.” 3. Section 4.B. of Exhibit A of the Agreement currently states: “Notwithstanding the foregoing, the maximum amount to be paid to the Contractor for services performed through June 30, 2029 shall not exceed $6,000,000.” The original quoted language above shall be replaced in its entirety with the following: “Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2029 shall not exceed $3,300,000. If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed $2,200,000. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed $5,500,000.” 4. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Any stylization used to distinguish newly added text from previously existing text shall have no independent legal effect. 5. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. (Signature page to follow.) Page 140 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-208 Consultant Name: SC Commercial, LLC DBA SC Fuels Rev. 10/08/2025 SIGNATURE PAGE TO FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 141 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH SOUTHERN COUNTIES OIL CO., A CA LIMITED PARTNERSHIP DBA SC FUELS TO PROVIDE MOTOR VEHICLE FUEL SUPPLY AND DELIVERY This Agreement is entered into effective as of July 28, 2026 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Southern Counties Oil Co., a California limited partnership DBA SC Fuels(“Contractor”) (collectively, the “Parties” and each individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City has a need for gasoline and renewable diesel for use in City vehicles and equipment on an as-neeeded basis; and WHEREAS, the City desires to procure qualified contractor to supply and deliver gasoline and renewable diesel; and WHEREAS, on October 24, 2025, the City issued a Request for Proposal (RFP) for fuel supply and delivery services; and WHEREAS, the City received five (5) proposals from contractors interested in providing fuel supply and delivery services; and WHEREAS, the City contractor selection committee completed its review of the proposals and determined SC Fuels (SC Commercial, LLC and Southern Counties Oil Company) as the firm to provide such services; and WHEREAS, the contractor selection process has been conducted in accordance with Section 2.56.070.B of the Chula Vista Municipal Code; and WHEREAS, SC Commercial, LLC and Contractor are two separate legal entities and both DBA as SC Fuels; and WHEREAS, the City desire to enter into an agreement with Southern Counties Oil Co., DBA SC Fuels for delivery volume up to 7,800 gallons of diesel or 8,800 gallons of gasoline per delivery for a contract total set not to exceed $4,500,000 in the aggregate; and WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Agreement. (End of Recitals. Next Page Starts Obligatory Provisions.) Page 142 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 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 hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor 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, from time to time, reduce the Required Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 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 provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an amendment to 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 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 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 or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor to provide additional security for performance of its duties under this Agreement, Contractor shall provi de 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 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 shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor in the performance of the Required Page 143 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 3 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 Services. Contractor agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor 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 under this Agreement, Contractor shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, as further described in Sections 3. and 5. of Exhibit A below; 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 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 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 must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor. 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 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 Reserved. 2.5 Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs incurred by Contractor in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be responsible for any and all out-of-pocket costs incurred by Contractor in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor 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 Contractor, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor understands and agrees that payment to the Contractor or reimbursement for any Contractor 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 of the terms of Page 144 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 4 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 this Agreement. If City determines that Contractor is not entitled to receive any amount of compensation already paid, City will notify Contractor in writing and Contractor shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor 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 Wo rkers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor must include all sub-Contractors/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-Contractors 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’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’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 and in no way relieves Contractor from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the requi red 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 must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor’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 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 shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Page 145 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 5 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 Contractor has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice 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 insuranc e 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 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’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor 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, Contractor 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, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. 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 Page 146 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 6 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 California Civil Code section 2782.8, as may be amended f rom 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’s obligations under this Section 4 is Contractor’s obligation to defend, at Contractor’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 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’s Obligations Not Limited or Modified. Contractor’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. Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor agrees to pay any and all costs and fees City incurs in enforcing Contractor’s obligations under this Section 4. 4.6 Survival. Contractor’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractors 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 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 is required to file a Form 700, Contractor warrants and represents that it has disclosed to City any economic interests held by Contractor, 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 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, to solicit or secure this Agreement. Further, Contractor 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, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor 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 or Contractor’s subcontractors. Contractor further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company Page 147 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 7 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 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 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 shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor. Such notice shall identify the Default and the Agreement termination date. If Contractor notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any 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 Contractor of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (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 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 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, Contractor 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. An y action arising under or relating to this Agreement shall be brought only Page 148 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 8 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 in San Diego County, State of California. Contractor 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 agrees that it is subject to personal jurisdiction in California. If Contractor is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor irrevocably consents to service of process on Contractor 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 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, 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 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 Contractor’s unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents that they have the authority to execute same on behalf of Contractor and to bind Contractor to its obligations hereunder without any further action or direction from Contractor or any board, principle or officer thereof. 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 agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including Page 149 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 9 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Contractors. 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 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 ove r the conduct of Contractor or any of Contractor’s officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor shall not at any time or in any manner represent that it or any of its Contractor Related Individuals are employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 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 Partie s as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 150 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 10 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 SIGNATURE PAGE CONTRACTOR SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor agree that they have read and understood all terms and conditions of 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. APPROVED AS TO FORM BY: _______________________________ Marco Verdugo City Attorney Page 151 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 11 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Alicia M. Granados 1800 Maxwell Road, Chula Vista, CA 91911 (619)397-6145 agranados@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor Contract Administration: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Karen Koep, Analyst II (714)936-8438 fuelbids@scfuels.com For Legal Notice Copy to: Jonathan Grayson 20 Greenway Plaza, Suite 300, Houston, TX 77046 (865)474-3529 houstonlegaltrading@pilottravelcenters.com 2. Required Services A. General Description: Southern Counties Oil Co. dba SC Fuels, shall provide bulk fuel services for Unleaded, and Renewable Diesel fuels to all City fixed fuel sites on an “as needed” basis. See Exhibit E for list of fuel site locations, fuel types and aboveground storage tanks (AST) size by gallons. B. Detailed Description: SC Commercial, LLC and Southern Counties Oil Co. are two separate legal entities which will each handle different delivery volumes. SC Commercial, LLC dba SC Fuels operates the Commercial/Fleet division t hroughout its marketing area. Their bobtail trucks deliver up to 3,800 gallons of fuel depending on the product (gasoline or diesel fuel). Truck compartment sizes vary. The bobtail truck deliveries will mostly service the Fire Stations Fuel Stations, as the fuel storage tank capacity at those locations range from 500 gallons to 2,000 gallons. The bobtail trucks Page 152 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 12 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 may also deliver to the Public Works Corp Yard, if needed. See Exhibit E of the original agreement for tank sizes at each location. Southern Counties Oil Co., a California Limited Partnership dba SC Fuels serves the bulk fuel deliveries receiving full transport or truck and trailer deliveries up to 7,800 gallons for diesel or 8,800 gallons of gasoline. The full transport or truck and trailer deliveries will service the Public Works Corp Yard as the fuel storage tank capacity is 12,000 gallons each (Unleaded & Diesel). Truck and trailers are not able to deliver to the Fire Stations due to size constraints. 1) Ordering: Physical inventory for all fuel types is monitored electronically. This system monitors stored fuel using the following parameters: content, volume, height, usage, and temperature. The City maintains and calibrates this system annually. a. Designated City Staff will verify tank levels and provide authorization for fuel order and fuel delivery. Vendor shall not order fuel on City’s behalf nor schedule delivery without prior authorization by designated City staff. b. The authorized fuel order should be fulfilled, delivered and unloaded at the City’s designated fuel site within forty-eight (48) hours of authorized order by designated City staff. c. Vendor shall provide the City quarterly and annual reports summarizing the following (at a minimum): fuel order dates, dates of delivery, quantities unloaded in gallons, and type of fuel delivered, and delivery price. 2) Delivery: a. Vendor shall arrange for delivery of all fuel orders and perform all deliveries in a safe and professional manner, adhering to all applicable Federal, State, Local, American Society of Testing & Materials (ASTM), Department of Transportation (DOT), San Diego APCD, and Air Resources Board (ARB) regulations for the handling and supply of gasoline, diesel fuels. b. Deliveries shall be made between the hours of Monday through Friday, 7:00AM to 2:00PM to the city’s fuel sites within forty-eight (48) hours from receipt of order from authorized City staff. c. Up to one-hour of standing time shall be allowable at no additional charge to the City for the purpose of unloading. If the vendor is unable to begin unloading fuel within one (1) hour after the scheduled arrival at the City’s fuel sites due to delays caused by City operations, demurrage charges may be assessed by vendor. Such charges shall apply in increments of one-quarter (1/4) hours. Vendor shall receive inventory reports prior to unloading fuel into the ASTs. Printouts shall be provided to designated City staff at the time of each completed delivery. Page 153 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 13 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 i. Inventory should be maintained to ensure fuel deliveries bring tanks to 80–90% capacity. ii. Dry run fees should not be incurred, as daily inventory levels are provided in advance of each delivery. Certain exceptions may apply. d. Vendor shall provide a fuel delivery bill of lading receipt to designated City staff at the time of completed delivery. e. Vendor warrants that each carrier/driver utilized by vendor to deliver fuel to the City’s fuel sites has the proper operating license, driver safety records, training and certifications, and insurance required to operate fuel trucks and trailers in accordance with current Federal, State and local regulations. f. All delivery carriers/drivers shall be trained and certified in ALL required and appropriate safety measures and HAZMAT, and equipped to handle the containment, remediation, and proper clean-up of all spills up to one-hundred (100) gallons. g. Vendor shall be responsible for all spillage that may occur during transit, loading and/or unloading operations. h. Vendor shall be held financially and legally responsible/liable for the complete containment, remediation, and disposal of all hazardous materials/waste spills that may occur during the vendors fueling, delivery and unloading operations. i. The supplier shall immediately report any spillage to designated City staff and clean up the spillage immediately. j. In the event of a fuel spill, the supplier is required to immediately notify designated City staff and staff at the delivery location, cover all drains in the vicinity, prevent spill from entering storm drains, and contain the spill. k. City will supervise all fuel spill remediation and disposal of hazardous materials and/or waste. l. Vendor shall correctly adjust fuel deliveries to be stated, billed, and paid for based on said fuel at sixty (60) degrees Fahrenheit. Corrections shall be made on all bulk deliveries for petroleum measurement tables. m. Vendor shall provide City with a hazardous waste spill and emergency procedure at Service Agreement commencement (start date). Page 154 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 14 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 n. Emergency Deliveries: Deliveries requested outside of the City’s regular working hours of 8:00 a.m. to 2:00 p.m., Monday through Friday, shall be considered emergency deliveries, unless Supplier and City have agreed in advance to a routine delivery schedule encompassing the hours outside of normal working hours. Additionally, deliveries shall not be considered emergency deliveries if the after-hours delivery is due to Supplier failure to make a routine delivery of fuel within the normal working hours or if Supplier has made prior special arrangements for a routine after-hours delivery. The City shall endeavor to keep emergency deliveries to a minimum. However, in the event of an emergency, delivery shall be completed within twenty-four (24) hours of receipt of the request for emergency delivery. Supplier shall be allowed an additional payment for emergency deliveries. This cost shall be stated as per hour cost (plus cost of fuel), as noted in Section 4.a. Form of Compensation. Provisions of the contract shall in no way prohibit the City from making an incidental purchase from another supplier for the same commodities as listed herein and emergency purchases may be obtained from contract supplier or other sources in order to best serve the interests of the City. 3) Fuel Quality and Testing: a. Fuels supplied by vendor shall meet current fuel industry guidelines, regulations, industry standards, including San Diego APCD and American Society of Testing & Materials (ASTM) laws, regulations, guidelines and standards. b. Fuel supplied by vendor shall be free from contamination. c. City reserves the right to conduct spot check testing for fuel product quality assurance via an independent laboratory of City’s choice. d. City and/or its authorized representative(s) reserves the right to test fuel quality before, during, and after unloading. Should test results show fuel contains contaminants, additives, or other particulates not within gasoline and diesel fuel industry standards/specifications; the fuel will be rejected. e. Any aftermarket additive used shall be identified by brand and/or trade name. The manufacturer’s additive specifications shall be provided within forth eight (48) hours to City upon request. An additive, if used, shall comply with Environmental Protection Agency (EPA) regulations, and shall be compatible with the refiner’s product. f. Additives which increase emissions of sulfur and other substances proven to damage the environment and/or which are disallowed by EPA regulations will not be accepted. Page 155 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 15 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 4) Invoices and Payments: a. Vendor shall submit invoices electronically, as an attachment to an email formatted as a PDF, to designated City staff within one (1) week of delivery (max 7 days). b. Invoices shall include the following information: order date, delivery date and time, delivery location, fuel type, unloaded gallons, fuel temperature, fuel origin (supplier), transporter/hauler, and itemize all unit prices, taxes, and fees. c. Vendor shall submit monthly statements summarizing the invoices for the month to designated City staff within one (1) week of the end of the month (max 7 days). Statement shall include invoice numbers, invoice date, fuel type, billed quantity, invoice total. d. Statements are paid net 30 days from date of receipt. e. Payment shall be made for fuel quantities actually delivered, unloaded, and accepted. f. The City is exempt from Federal Fuel Excise Tax. Invoices shall not assess Federal Fuel Excise Tax to the City. If such charges are assessed and added to invoices, vendor shall correct immediately and issue a credit to the City within a week (7 days). 5) Fuel Type and Pricing: a. City requires Unleaded and Renewable Diesel fuels. b. City prefers to purchase unbranded bulk fuel services - gasoline and diesel based on OPIS pricing. c. If unbranded fuel is unavailable, City will accept branded fuel. d. Base fuel costs will always be the OPIS “San Diego” PADD 5 report as of 10:00 a.m. Eastern time on the day the fuel order is placed. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin on the Effective Date and end on June 30, 2029 for completion of all Required Services unless such term is further extended pursuant to Section 5, Special Provisions below in this Exhibit A. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Contractor as identified in Section 2.B., above, City shall pay Contractor for the productive hours of time spent by Contractor in the performance of the Required Services, at the rates or amounts as indicated below: Page 156 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 16 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 Unleaded Gasoline: Price shall apply to the low rack/terminal price in the column entitled “San Diego”, PADD 5, San Diego CARFG Ethanol 10.0%, unbranded Low Rack, in the OPIS daily report published approximately 10:00 a.m. ET Bulk Purchase (PPG) Full Truckload (6,000+ gallons Less than full Truckload (2,500 – 5,999 gallons) Less than full Truckload (less than 2,500 gallons) Renewable Diesel: Price shall apply to the low rack/terminal price in the column entitled “San Diego”, PADD 5, San Diego NESTE Renewable Diesel, unbranded Low Rack, in the OPIS daily report published approximately 10:00 a.m. ET Bulk Purchase (PPG) Full Truckload (5,000+ gallons) Less than full Truckload (2,500 – 4,999 gallons) Less than full Truckload (less than 2,500 gallons) Additional Fees: – – B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor for services performed through June 30, 2029 shall not exceed $2,700,000. If the City exercises its option to extend the Agreement pursuant to Section 5., Special Provisions below in this Exhibit A, the amount to be paid to the Contractor for services provided during each extension term shall not exceed $900,000. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Contractor for services provided through June 30, 2031 shall not exceed $4,500,000. 5. Special Provisions: ☐ Permitted Sub-Contractors: None Page 157 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 17 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 ☐ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has the option to extend this Agreement for two (2) additional one-year terms, defined as one-year increments, or June 30, 2031. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein. The City shall give written notice to Contractor 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. Page 158 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 18 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 EXHIBIT B INSURANCE REQUIREMENTS Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE Page 159 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 19 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 EXHIBIT C CONTRACTOR 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 Contractors, 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, Contractors designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure ☐ 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,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor will provide. Notwithstanding this designation or anythin g in the Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. 1 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. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 160 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 20 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 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: Alicia Granados Page 161 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 21 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 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 $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 162 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 22 City of Chula Vista Agreement No.: 2026-149 Service Provider Name: Southern Counties Oil Co., a California limited partnership DBA SC Fuels Rev. 1/14/2025 EXHIBIT E CITY OF CHULA VISTA FUEL STATIONS Fire Station #3 100 Moss Street, Chula Vista, 91910 Unleaded 2,000 Gal Diesel 2,000 Gal Fire Station #4 850 Paseo Ranchero, Chula Vista, 91910 Diesel Tank 1 500 Gal Diesel Tank 2 1,000 Gal Fire Station #5 341 Orange Ave, Chula Vista, 91911 Diesel Tank 1 500 Gal Diesel Tank 2 1,000 Gal Fire Station #7 1640 Santa Venetia, Chula Vista, 91913 Unleaded 1,000 Gal Diesel 1,000 Gal Public Works Corp Yard 1800 Maxwell Road, Chula Vista, 91911 Unleaded 12,000 Gal Diesel 12,000 Gal Page 163 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Active Transportation Program: Authorize the Submittal of Cycle 8 Grant Application for Bayshore Bikeway - Lagoon Drive to H Street; and Confirm the City’s Assurance to Complete the Projects Report Number: 26-0206 Location: Westerly and parallel to Bay Boulevard between Lagoon Drive and H Street within the inactive railroad corridor for the Coronado Branch Line Railroad Department: Engineering G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution authorizing the submittal of an application for the Active Transportation Program Cycle 8 grant for Bayshore Bikeway Segment 6B between Lagoon Drive and H Street and confirming the City’s commitment to complete this project and enhance the local transportation infrastructure. SUMMARY In the interest of obtaining grant funding toward roadway and transportation improvement projects, City staff prepared an application for the statewide Active Transportation Program (ATP) – Cycle 8 grant administered by Caltrans and the California Transportation Commission (CTC). The goal of this program is to fund projects that encourage increased use of active modes of transportation, such as biking and walking, increase safety and mobility for non-motorized vehicles and advance active transportation efforts of regional agencies to achieve greenhouse gas reduction goals. The grant application is for the Bayshore Bikeway - Lagoon Drive to H Street project. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the Page 164 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 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. This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. The future Bayshore Bikeway between Lagoon Drive and H Street (Segment 6B) project resulting from award of the Active Transportation Program (ATP) – Cycle 8 grant will require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On March 19, 2026, the CTC announced the ATP - Cycle 8 Call for Projects. The purpose of the ATP is to increase roadway usage by all active modes of transportation, giving preference to areas of high pedestrian and bicycle activity, as well as disadvantaged communities. Cycle 8 is expected to include approximately $574 million in ATP funding made up of Federal funding, State SB1, and State Highway Account (SHA) funding. The funding/programming years include the fiscal periods of 2027-28, 2028-29, 2029-30, and 2030-31. The goal of the Bayshore Bikeway - Lagoon Drive to H Street project (Attachment 1) is to provide a critical gap segment closure of bikeway for the overall Bayshore Bikeway route that continues through Chula Vista along the 24-mile perimeter of the San Diego Bay. This project will install a Class I Separated Bikeway that provides improved safety for cyclists traveling to and from Chula Vista along the Bayshore Bikeway (from National City) and along the Sweetwater Bike Path (from Bonita). This project will also encourage travel to Chula Vista’s Bayfront and Downtown areas. The need for the project is identified in the City’s Bayfront Master Plan (https://www.portofsandiego.org/projects/chula-vista-bayfront), the Bayshore Bikeway Master Plan (https://www.sandag.org/projects-and-programs/bikeways-and-walkways/bikeway-and- walkway-projects/bayshore-bikeway) and the Chula Vista Active Transportation Plan (https://www.chulavistaca.gov/departments/engineering/active-transportation-plan) Proposed improvements include enhancing bicycle facilities by providing at least a 12’ minimum to 15’ wide Class I Separated Bikeway along the existing inactive MTS Coronado Branch Line Railroad Corridor approximately 200’ to the west of, and parallel to, Bay Boulevard. The presence of the Collins Aerospace Facility restricts any widening of Bay Boulevard along this corridor. MTS has agreed to the addition of the proposed bikeway along the railroad corridor, similar to actions they have approved in Imperial Beach and South San Diego segments. A Construction and Maintenance Agreement between the City and MTS was amended in 2021 to include the proposed improvements still needed within their railroad corridor between E Street and H Street (Attachment 2). On June 2, 2026, MTS provided the City a letter of support for the Bayshore Bikeway – Segment 6B project (Attachment 3). Since ATP requires all projects to be completed within four years of being awarded funding, staff recommend applying for grant funding to cover preliminary engineering, right-of-way, and construction costs. If this Page 165 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 grant application is approved, staff will return to Council to establish a Bayshore Bikeway capital project and appropriate the necessary funds, including the ATP grant funds. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the General Fund or other funds as a result of this action. If the grant is awarded, staff will return to Council staff to establish a Bayshore Bikeway capital project and appropriate the necessary funds, including the ATP grant funds. The project is estimated to cost approximately $7.8 million, of which $7.4 million is expected to be funded through ATP grant contributions. ONGOING FISCAL IMPACT Should the Bayshore Bikeway project be completed, it will be maintained according to the Bayshore Bikeway Cooperative Agreement adopted by Council Resolution 9035, dated October 30, 1978. Currently, the Bike Facilities Gap Project Program (CIP Project) is a TransNet funded maintenance project that is currently used for bike facility maintenance citywide, including Bayshore Bikeway. ATTACHMENTS Attachment 1 - Bayshore Bikeway Between Lagoon Drive and H Street Attachment 2 - Construction & Maintenance Agreement for Bayshore Bikeway (Amendment No. 1 MTS) Attachment 3 - MTS Letter of Support for Bayshore Bikeway (Segment 6B) Staff Contact: Luis Schaar, Director of Engineering/City Engineer Patrick Moneda, Principal Civil Engineer Page 166 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN ACTIVE TRANSPORTATION PROGRAM – CYCLE 8 GRANT APPLICATION FOR THE BAYSHORE BIKEWAY SEGMENT 6B FROM LAGOON DRIVE TO H STREET PROJECT; AND CONFIRMING THE CITY’S ASSURANCE TO COMPLETE THE PROJECT WHEREAS, on March 19, 2026, the California Transportation Commission (CTC) announced the Active Transportation Program (ATP) - Cycle 8 Call for Projects; and WHEREAS, the purpose of the ATP is to increase roadway usage by all active modes of transportation, giving preference to areas of high pedestrian and bicycle activity, as well as disadvantaged communities; and WHEREAS, ATP - Cycle 8 Call for Projects is expected to include about $574 million in ATP funding made up of Federal funding, State SB1 and State Highway Account (SHA) funding; and WHEREAS, the funding years for ATP – Cycle 8 include the 2027-28, 2028-29, 2029-30, and 2030-31 fiscal years; and WHEREAS, if approved, an infrastructure grant application will be submitted for the Bayshore Bikeway from Lagoon Drive to H Street project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the submittal of the Active Transportation Program – Cycle 8 Grant Application for Bayshore Bikeway from Lagoon Drive to H Street improvements and confirms the City’s assurance to complete this project. Presented by Approved as to form by Luis Schaar Marco A. Verdugo Director of Engineering & Capital Projects/ City Attorney City Engineer Page 167 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda X X X X X X X X X X X X X X X X X X X X X X X X XXXXXX X XXXXXXXXXXXXXX LA G O O N D R I V E G S T R E E T H S T R E E T F S T BAY BOULEVAR D BAY BOULEVARD X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Q: \ _ P r o j e c t s \ S T M 0 3 6 9 - A D V P l a n n i n g ( S i g n i n g - S t r i p i n g ) \ B a y s h o r e B i k e w a y \ C A D \ S T M 0 3 6 9 _ 6 B E x h i b i t . d w g P l o t : Y a n L i u D a t e : 9 / 2 9 / 2 0 2 2 2 : 0 6 : 4 7 P M SEE DETAIL BELOW SEE DETAIL BELOW CONSTRUCT CLASS 1 SHARED USE PATH CITY OF CHULA VISTA R/W CITY OF CHULA VISTA R/W SD & A E RA I L R / W REMOVE OR BURY EXISTING INACTIVE RAIL CONSTRUCT CLASS 1 SHARED USE PATH SEE DETAIL BELOWPROTECTIN PLACE EXISTING INACTIVE RAIL LAGOON DRIVE TO G STREET =14 MILE G STREET TO H STREET =14 MILE A A B B X X X X X X X X X X X X X X X X X X X X X X X XXXXXX 2'5'5'2'±27' 14' CLASS 1 SHARED USE PATH ± 40' SD&AE R/W PROTECT IN PLACE EXISTING INACTIVE RAIL 8.5' MIN FROM CL OF RAIL PROPOSED FENCING PROPOSED FENCING ±260-360' TO BAY BOULEVARD PROPOSED SECTION B-B (LAGOON DR TO G ST) NOT TO SCALE 2'5'5'2' 14' CLASS 1 SHARED USE PATH ± 40' SD&AE R/W REMOVE OR BURY EXISTING INACTIVE RAIL 4.7' - 6.8'7.5' - 13' EXISTING UNNAMED ROAD EXISTING PARKING LOT PROPOSED FENCING PROPOSED FENCING ACCESS TO EXISTING WAREHOUSE BUILDINGS PROPOSED SECTION A-A (NORTH OF H STREET) NOT TO SCALE NO R T H 0 GRAPHIC SCALE IN FEET 100 50 100 200 Bayshore Bikeway - Chula Vista Segment Proposed Project Plan and Cross Section c:\users\brigid.ahern\kh\2024 grant applications - documents\atp cycle 8\chula vista - bayshore bikeway phase 6b\design\plan sheets\chula vista - bayshore bikeway.dwg 6/11/2026 PROPOSED H ST BIKE PATH CROSSING SCALE 1"=20' PROPOSED G ST BIKE PATH CROSSING SCALE 1"=20' LAGOON DR BIKE PATH CROSSING (TO BE CONSTRUCTED WITH SEGMENT 6A) SCALE 1"=20' CONSTRUCT HAWK TRAFFIC SIGNAL (INCLUDING FOUNDATION, POLE, MAST ARMS, SIGNALS, LUMINAIRE) CONSTRUCT PED XING CONSTRUCT PEDESTRIAN RAMP CONSTRUCT HAWK TRAFFIC SIGNAL (INCLUDING FOUNDATION, POLE, MAST ARMS, SIGNALS, LUMINAIRE) CONSTRUCT BIKE HAWK XING ADA IMPROVEMENTS FOR PEDESTRIAN RAMP CONNECT TO EXISTING CLASS 1 BIKE PATH CONSTRUCT PED XING CONSTRUCT PEDESTRIAN RAMP (INCLUDING YIELD SIGNING & STRIPING) CONSTRUCT PEDESTRIAN RAMP (INCLUDING YIELD SIGNING & STRIPING) BIKE HAWK XING CONSTRUCT PEDESTRIAN RAMP CONSTRUCT HAWK TRAFFIC SIGNAL (INCLUDING FOUNDATION, POLE, MAST ARMS, SIGNALS, LUMINAIRE) CONSTRUCT HAWK TRAFFIC SIGNAL (INCLUDING FOUNDATION, POLE, MAST ARMS, SIGNALS, LUMINAIRE) BAYSHORE BIKEWAY SEGMENT 6B (PROPOSED) SEGEMENT 6A'S PEDESTRIAN RAMP BAYSHORE BIKEWAY SEGMENT 6A CONNECTION PEDESTRIAN XING 5/22/2026 SHEET 1 OF 1 SEGEMENT 6A'S PEDESTRIAN RAMP FURNISH & INSTALL PEDESTRIAN SCALE LIGHTING & ELECTRICAL: CONDUIT, WIRING, VANDAL-PROOF PULLBOXES, METER PEDESTAL, & SERVICE CONNECTION UPGRADE DRIVEWAY APRON Page 168 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Attachment 3 Page 169 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 170 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 171 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 172 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 173 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 174 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 175 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1111 rjr Metropolitan TSTransit i 1 11111' System Caltrans Division of Local Assistance Attn: Office of State Programs 1120 N Street, MS 1 Sacramento, CA 95814 RE: Letter of Support for the City of Chula Vista Bayshore Bikeway Phase 6B Project Dear Active Transportation Program Selection Committee: The San Diego Metropolitan Transit System (MTS) is pleased to support the City of Chula Vista's Cycle 8 Active Transportation Program (ATP) grant application for a new Class I path segment that would be the last link needed to provide a continuous bike path through western Chula Vista. Previous ATP letters of support were submitted for Cycle 5, which included the segment north of Lagoon Drive Segment 6A). The surrounding area has been redeveloped, and active transportation is a key component of this area as transit stations are less than 0.5 miles away. The Bayshore Bikeway is a planned 24 -mile -long bike path around San Diego Bay. As of today, more than half of the bike path has been completed. With strong community support for this facility, combined with an agreement between MTS and the City of Chula Vista to use the inactive railroad corridor, this project makes the best use of a linear inactive railroad corridor to provide the most direct route through Chula Vista for commuters and recreational riders. This project will strengthen regional mobility by connecting Chula Vista to neighboring communities, including the cities of San Diego, National City, Imperial Beach, and Coronado. The completion of this segment will help realize the vision of a continuous bikeway around San Diego Bay, expanding transportation options and encouraging greater use of active and transit modes. Thank you for your consideration of this important project. Sincerely, Brent Boyd Director of Planning & Scheduling San Diego Metropolitan Transit System 1255 Imperial Avenue, Suite 1000, San Diego, CA 92101-7490 • (619) 231-1466 • sdmts.com a lllf San Diego Metropolitan Transit System (MTS) is a California public agency comprised of San Diego Transit Corp , San Diego Trolley, Inc and San Diego and Arizona Eastern Railway Company (nonprofit public benefit corporations) MTS member agencies include the cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, Santee, and the County of San Diego MTS is also the For -Hire Vehicle administrator for multiple cities in San Diego County. ,w—'\ Page 176 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Agreement: Approve an Agreement with Chen Ryan Associates, Inc. to Perform Preliminary Engineering, Environmental Analysis, and Final Design Engineering Services for “F Street Promenade Phase 1” (CIP STL0464) Report Number: 26-0129 Location: F Street corridor between Bay Boulevard and Broadway Department: Engineering G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution approving a professional services agreement with Chen Ryan Associates, Inc. to perform engineering consulting services for Federal Project ATPL-5203(055): City Project F Street Promenade Phase 1 (STL0464). SUMMARY The “F Street Promenade Phase 1” (CIP STL0464) capital improvement project will complete Phase 1 of the F Street Promenade Streetscape Master Plan and provide improved bicycle and pedestrian facilities to connect the Chula Vista Bayfront to Downtown Chula Vista. To advance this project, the City conducted a Request for Qualifications (RFQ) solicitation process to select an engineering consultant. City staff recommends approving a professional services agreement with Chen Ryan Associates, Inc. to perform the required services. ENVIRONMENTAL REVIEW The proposed activity was reviewed for compliance with the California Environmental Quality Act (CEQA), and it was determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 177 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. The future F Street Promenade Phase 1 project resulting from implementation of the professional services agreement will require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City’s F Street Promenade Master Plan outlines improved pedestrian and bicycle connectivity between the Chula Vista Bayfront to Downtown Chula Vista. The improvements are planned along F Street from Bay Boulevard to Third Avenue. The “F Street Promenade Phase 1” (CIP STL0464) project (the “Project”) will construct street and sidewalk improvements for the F Street Promenade corridor, from Bay Boulevard to Broadway. City continues to monitor and apply for funding opportunities for other Phases of the Master Plan project. The Project will enhance pedestrian and bicycle facilities by reducing the existing vehicular travel lanes and expanding the existing 5’ wide sidewalk to create a 12’ wide multi-use pedestrian and bicycle path on both sides of the street, landscaped and lighted parkways, extended curb returns (bulb-outs) at intersections, and signing and striping. A traffic analysis will also be performed to determine intersection control at the F Street and Bay Boulevard intersection. The Project requires engineering consulting services for design and to retain responsibility to ensure the City remains in compliance with requirements associated with grant administration as outlined in the Caltrans Local Assistance Procedures Manual (“LAPM”). The Project is eligible for grant funding through the Active Transportation Program (ATP) Cycle 6 which is administered by Caltrans. Eligible grant expenses include preliminary engineering, environmental analysis and final design engineering plans, specifications, estimate and bid quantities. A selection committee was created to select the consultant and was comprised of various staff that are subject matter experts from the project’s functional areas. The Project was advertised as a Request for Qualifications on October 24, 2025. Consultant Statements of Qualifications were submitted on December 22, 2025. A shortlist of three (3) consultants presented before the City’s selection committee and answered questions from the committee. The consultant selection committee evaluated and scored each firm and selected Chen Ryan Associates, Inc. as the most qualified firm. Staff recommends that City enter into a professional services agreement with Chen Ryan Associates, Inc. from July 28, 2026 through December 27, 2030. Chen Ryan Associates, Inc. will be compensated on a time-and-materials basis in accordance with the rates and amounts established in the agreement, with a not-to-exceed amount of $2,023,901.70 for the term of the agreement. Page 178 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 Wage Statement Chen Ryan Associates, Inc. and subcontractors shall be required to pay prevailing wage to persons employed by them for their work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. Chen Ryan Associates, Inc. and subcontractors shall also be required to abide by the terms and requirements in the City’s Project Labor Agreement (PLA). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and 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 Sufficient funds are available in the CIP STL0464 project balance to fund the professional services agreement and associated City staff costs required to complete the preliminary engineering and final design engineering and associated environmental analysis and clearance work. Therefore, there is no current-year fiscal impact to the Active Transportation Grant Fund, the Western Transportation Development Impact Fee (WTDIF) Fund, or the TransNet Fund as a result of this action. Project costs are summarized below: FUNDS REQUIRED FOR CONSULTANT SERVICES & CITY STAFF COSTS (STL0464) TOTAL FUNDS REQUIRED FOR CONSULTANT SERVICES & STAFF COSTS $2,336,616.00 Active Transportation Grant (Acct: STL0464-736957)  Project Approval & Environmental Document (“PA&ED”) Phase $40,000.00  Plans, Specifications, and Estimate (“PS&E”) Phase $1,295,000.00 WTDIF Fund (Acct: STL0464-590923-INFRASTR) $1,000,000.00 TransNet Fund (Acct: STL0464-227) $1,616.00 ONGOING FISCAL IMPACT The proposed professional services agreement will have no ongoing fiscal impact. All associated costs are covered within CIP STL0464 project budget, with no additional funding required. Page 179 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 ATTACHMENTS 1. Consultant Services Agreement with Chen Ryan Associates, Inc. Staff Contact: Luis Schaar, Director of Engineering & Capital Projects / City Engineer Rosina Constanza Flores, Assistant Director of Engineering Nolan Huelsman, Principal Civil Engineer José Serrato, Senior Civil Engineer Charisse Phillips, Associate Civil Engineer Page 180 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND CHEN RYAN ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING CONSULTANT SERVICES WHEREAS, the City of Chula Vista Capital Improvement Program (“CIP”) Project STL0464 (“Project”) requires professional engineering services for the design and construction support for street and sidewalk improvements for the F Street Promenade Phase 1 corridor, from Bay Boulevard to Broadway; and WHEREAS, the Project is eligible for funding through the Federal Active Transportation Program (“ATP”), through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires Professional Engineering Services in order to design the Project to ensure compliance with requirements associated with ATP grant funding administered by Caltrans; and WHEREAS, on October 24, 2025, the City solicited a Request for Qualifications (“RFQ”) for Professional Engineering Services in accordance with Caltrans Local Assistance Procedures Manual (“LAPM”) Chapter 10; and WHEREAS, the City received seven (7) Statements of Qualifications from engineering consulting firms; and WHEREAS, the City formed a Consultant Selection Committee (“Committee”) that included the contract administrator and subject matter experts from the Project’s functional areas; and WHEREAS, the Committee reviewed and evaluated the Statements of Qualifications and three (3) firms were selected for interviews January 28, 2026; and WHEREAS, after the interviews of three (3) firms, the Committee has determined Chen Ryan Associates, Inc. as the most qualified proposer; and WHEREAS, staff recommends award of a contract to Chen Ryan Associates, Inc. to provide services required for the Project which include preliminary engineering, environmental analysis, and final design engineering plans, specifications, estimates and bid quantities, bidding, construction, and closeout support for the Project; and WHEREAS, this Agreement is subject to Prevailing Wages and the City’s Project Labor Agreement; and Page 181 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Resolution No. Page 2 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, which shall begin July 28, 2026 and end on December 27, 2030. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant Services Agreement between the City and Chen Ryan Associates, Inc. to provide Professional Engineering Consultant Services for the F Street Promenade Phase 1 Project (STL0464) 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 in the amount not to exceed $2,023,901.70. Presented by Approved as to form by Luis Schaar Marco A. Verdugo Director of Engineering and Capital Projects/ City Attorney City Engineer Page 182 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES This Agreement is entered into effective as of July 28, 2026 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Chen Ryan Associates, Inc., A California Corporation Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista Capital Improvement Program (“CIP”) Project STL0464 (“Project”) requires professional engineering services for the design and construction support for street and sidewalk improvements for the F Street Promenade corridor, from Bay Boulevard to Broadway; and WHEREAS, the Project is eligible for funding through the Federal Active Transportation Program ATP”), through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires Professional Engineering Services in order to design the Project and ensure compliance with requirements associated with ATP grant funding administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved ATP funds for this work, on October 24, 2025, the City solicited a Request for Qualifications (“RFQ”) for Professional Engineering Services in accordance with the Caltrans Local Assistance Procedures Manual (“LAPM”) Chapter 10; and WHEREAS, the City received seven (7) Statements of Qualifications from engineering consulting firms; and WHEREAS, the City formed a Consultant Selection Committee (“Committee”) that included the contract administrator and subject matter experts from the Project’s functional areas; and WHEREAS, the Committee reviewed and evaluated the Statements of Qualifications and three (3) firms were selected for interviews January 28, 2026; and WHEREAS, after the interviews of three (3) firms, the Committee has determined Chen Ryan Associates, Inc. as the most qualified proposer; and WHEREAS, Staff recommends award of a contract to Chen Ryan Associates, Inc. to provide services required for the Project which include preliminary engineering, environmental analysis, and final design engineering plans, specifications, estimates and bid quantities, bidding, construction, and closeout support for the Project; and WHEREAS, this Agreement is subject to Prevailing Wages and the City’s Project Labor Agreement; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. End of Recitals. Next Page Starts Obligatory Provisions.] Page 183 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code, and the Caltrans Local Assistance Procedures Manual Exhibit 10-R which is attached and incorporated herein as Exhibit H. Should any language in the LAPM conflict with this Agreement, the more stringent provision will control. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. Page 184 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant 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. 1.11 Prevailing Wage Compliance. Consultant and subcontractors shall comply with the state of California’s prevailing wage requirements in accordance with California Labor Code, and all Federal, State, and local laws and ordinances applicable to persons employed by them for public works in a covered work classification. The City has ascertained that general prevailing wage rates may be applicable to all or a portion of the work to be performed for the Required Services. This includes work performed during the design and preconstruction phases of construction including, but not limited to Construction/Building Inspectors, Land Surveying, and Field Soils and Material Testers. When payment of prevailing wages applies to the Required Services the wage rates shall be reimbursed at the minimum rates set by the State of California’s Department of Industrial Relations (DIR). The DIR’s prevailing wage determinations are available online at https://www.dir.ca.gov/OPRL/PWD/. Consultant and its subcontractors shall post a copy of the prevailing rates of wages at each applicable job site and shall make them available to any interested party upon request. The date of the City’s request for a cost proposal for a task order under this Agreement shall be used to determine which published prevailing wage rate applies to the task order. All published wage rates and all predetermined wage rate increases known at the date of the City’s request for a cost proposal shall apply. 1.12 Department of Industrial Relations (DIR) Registration. Pursuant to Labor Code Section 1725.5, the City requires, as applicable, Consultant and subcontractors of any tier to be registered with the DIR for the term of this Agreement. 1.13 Project Labor Agreement. Consultant and subcontractors, regardless of tier, performing any work under this Agreement as defined by California Labor Code section 1720, shall abide by the terms and requirements identified in the attached Exhibit E, Project Labor Agreement (PLA), incorporated into the Agreement by this reference. These terms and requirements include but are not limited to the following: a. Letter of Assent. Consultant and subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Exhibit A) to the City’s Project Labor Coordinator. Consultant shall submit its Letter of Assent as a condition of Agreement award and all applicable subcontractors shall submit their Letters of Assent before starting any covered work on a project. b. Pre-Job Conference. Consultant and subcontractors shall conduct a pre-job conference with the applicable Union(s) at least 14 calendar days before starting any covered work. Consultant is responsible for facilitating and scheduling its own pre-job conference and for facilitating, scheduling, and ensuring that all applicable subcontractors conduct a pre-job conference. Page 185 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 Certified Payroll Records. Consultant and subcontractors shall submit weekly certified payroll records including but not limited to a Statement of Compliance signed under penalty of perjury, reflecting the wages of all employees engaged in the work, using the City’s web-based labor compliance software. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. 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 Page 186 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-Consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Page 187 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 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. 1.12 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 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 Page 188 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 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, 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 Page 189 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 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. 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. Page 190 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 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, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Page 191 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. End of page. Next page is signature page.) Page 192 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 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. CITY OF CHULA VISTA BY: ________________________________ TIFFANY ALLEN CITY MANAGER APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 193 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Nolan Huelsman, P.E. 276 4th Avenue, Chula Vista, CA 91910 619) 409-5976 nhuelsman@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: Chen Ryan Associates, Inc. 3900 Fifth Avenue, Suite 310, San Diego, CA 92103 619) 549-5076 bgarretson@cramobility.com For Legal Notice Copy to: Chen Ryan Associates, Inc. 3900 Fifth Avenue, Suite 310, San Diego, CA 92103 619) 549-5076 bgarretson@cramobility.com 2. Required Services A. General Description: Preliminary Engineering, Environmental Analysis and Clearance (PA&ED), Final Design (PS&E), and Design Support during Construction for F Street Promenade Phase 1 (Bay Boulevard to Broadway) B. Detailed Description: The Project consists of proposed street and sidewalk improvements for the F Street Promenade corridor, from Bay Boulevard to Broadway. The project will enhance pedestrian and bicycle facilities by reducing the existing vehicular travel lanes and expanding the existing 5’ wide sidewalk to create a 12’ wide multi-use pedestrian and bicycle path on both sides of the street, landscaped and lighted parkways, extended curb returns at intersections, and signing and striping. Per the City’s initial grant application and F Street Promenade Streetscape Master Plan (see Attachment 1), a traffic roundabout was proposed at the intersection of F Street and Bay Boulevard to improve traffic flow and connect to the Bayshore Bikeway, Sweetwater Bicycle Path and Promenade via westbound Lagoon Drive. However, as part of the project’s scope, the Consultant shall conduct a traffic analysis to determine intersection control at the F Street and Bay Boulevard intersection based on the recent Bayfront redevelopment project and the current circulation conditions. Page 194 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 The proposed improvements will be Phase 1 of the F Street Promenade Streetscape Master Plan (dated January 2018). Ultimately the project will connect the City’s downtown Third Avenue Village, Civic Center, unused railroad bridge over I-5, regional Bayshore Bikeway, Bayside Park, and Bayfront development. See attached Exhibit F for detailed scope of services. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 28, 2026 and end on December 27, 2030 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: See attached Exhibit G for Applicable Hourly Rates. B. Reimbursement of Costs Invoiced or agreed-upon amounts as identified in Exhibit G. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 27, 2030 shall not exceed $2,023,901.70. 5. Special Provisions: Permitted Sub-Consultants: AirX Utility Surveyors, Inc. Alyson Consulting Ardurra Clark Land Resources Graphic Solutions Helix Environmental Planning Roundabotix Schmidt Design Group TY Lin Verdantas Vista Environmental Consulting Page 195 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 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 196 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some Consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED4 from disclosure. B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) A. Full Disclosure B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): 1. 2. 3. 4. 5. 6. 7. Justification: C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or 866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: José Serrato 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 197 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies. A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below: Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us Planning Commissioners – www.chulavistaca.gov/pc Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: If yes, which Officer(s): Click or tap here to enter text. NO: Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 198 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT E PROJECT LABOR AGREEMENT Page 199 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda PROJECT LABOR AGREEMENT by and among THE CITY OF CHULA VISTA, a California charter city and municipal corporation, and THE SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO and THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS SIGNING THIS AGREEMENT Effective April 15, 2025 ACN 2025-278 R2025-056 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 200 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda i TABLE OF CONTENTS Page Article 1. Definitions .......................................................................................................................... 2 Article 2. Scope of the Agreement ...................................................................................................... 4 2.1 General ................................................................................................................... 4 2.2 Funding-Based Exception ...................................................................................... 4 2.3 Included Work ....................................................................................................... 5 2.4 Excluded Work ...................................................................................................... 6 2.5 Awarding of Contracts ........................................................................................... 7 2.6 Master Labor Agreements ..................................................................................... 8 2.7 Instrument Calibration and Loop Checking Exception.......................................... 9 Article 3. Duration and Applicability of Agreement .......................................................................... 9 3.1 Duration ................................................................................................................. 9 3.2 Limits to Applicability ........................................................................................... 9 3.3 Binding on Signatories Only .................................................................................. 9 3.4 Other City Work .................................................................................................... 9 3.5 Completed Covered Projects ................................................................................. 9 3.6 Final Termination .................................................................................................. 9 Article 4. Union Recognition and Employment ................................................................................ 10 4.1 Recognition .......................................................................................................... 10 4.2 Contractor Selection of Employees ..................................................................... 10 4.3 Referral Procedures .............................................................................................. 10 Article 5. Equal Employment Opportunity and Nondiscrimination ................................................. 10 5.1 Nondiscrimination in Referral, Employment, and Contracting ........................... 10 5.2 Disabled Veterans and Small Business Enterprise Program ................................ 11 5.3 Core Employees ................................................................................................... 11 5.4 Employment of Local Hires and Disadvantaged Workers ................................... 12 5.5 Time for Referral ................................................................................................. 13 5.6 Lack of Referral Procedure .................................................................................. 13 5.7 City to Monitor Compliance ................................................................................ 13 5.8 Union Membership .............................................................................................. 13 5.9 Foremen ............................................................................................................... 14 5.10 Skilled and Trained Workforce ............................................................................ 14 Article 6. Union Access and Stewards .............................................................................................. 14 6.1 Access to Covered Project Sites .......................................................................... 14 6.2 Stewards ............................................................................................................... 14 6.3 Steward Layoff/Discharge ................................................................................... 15 6.4 Employees on Non-Covered Projects .................................................................. 15 Article 7. Wages and Benefits .......................................................................................................... 15 7.1 Wages .................................................................................................................. 15 7.2 Benefits ................................................................................................................ 15 7.3 Wage Premiums ................................................................................................... 16 7.4 Compliance with Prevailing Wage Laws ............................................................. 16 Article 8. Work Stoppages and Lockouts ......................................................................................... 16 8.1 No Work Stoppages or Disruptive Activity ......................................................... 16 8.2 Employee Violations............................................................................................ 17 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 201 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda ii 8.3 Standing to Enforce ............................................................................................. 17 8.4 Expiration of Master Labor Agreements ............................................................. 17 8.5 No Lockouts ......................................................................................................... 17 8.6 Best Efforts to End Violations ............................................................................. 17 8.7 Arbitration Procedure .......................................................................................... 18 8.8 Liquidated Damages ............................................................................................ 19 8.9 Payroll and Benefit Delinquencies....................................................................... 20 Article 9 Work Assignments and Jurisdictional Disputes................................................................ 21 9.1 No Jobsite Disruption .......................................................................................... 21 9.2 Jurisdictional Disputes ......................................................................................... 21 9.3 Failure to Comply ................................................................................................ 21 9.4 Pre-Job Conference .............................................................................................. 21 Article 10 Management Rights .......................................................................................................... 21 10.1 Contractor and City Rights .................................................................................. 21 10.2 Specific City Rights ............................................................................................. 22 10.3 Use of Materials ................................................................................................... 22 10.4 Special Equipment, Warranties, and Guaranties .................................................. 22 Article 11 Grievances and Disputes ................................................................................................... 23 11.1 Cooperation and Harmony on Covered Project Sites .......................................... 23 11.2 Processing Grievances ......................................................................................... 23 11.3 Limitations on Use of Procedures ........................................................................ 25 11.4 Notice ................................................................................................................... 25 Article 12 Compliance ....................................................................................................................... 25 12.1 Compliance with All Laws .................................................................................. 25 Article 13 Safety and Protection of Person and Property .................................................................. 25 13.1 Safety ................................................................................................................... 25 13.2 Drug and Alcohol Testing Policy ........................................................................ 25 13.3 Inspection ............................................................................................................. 25 Article 14 Travel, Subsistence, and Parking ...................................................................................... 25 14.1 Applicability ........................................................................................................ 25 Article 15 Apprentices ....................................................................................................................... 26 15.1 Importance of Training ........................................................................................ 26 15.2 Use of Apprentices............................................................................................... 26 Article 16 Work Opportunities Program ............................................................................................ 26 16.1 Intent .................................................................................................................... 26 Article 17 Helmets to Hardhats .......................................................................................................... 27 17.1 Veterans Entry into Building and Construction Trades ....................................... 27 17.2 Integrated Database .............................................................................................. 27 Article 18 Pre-Job Conference ........................................................................................................... 27 18.1 Pre-Job Conference Required .............................................................................. 27 18.2 Failure to Conduct ............................................................................................... 28 18.3 Project Labor Coordinator Participation .............................................................. 28 Article 19 Labor/Management and Cooperation ............................................................................... 28 19.1 Labor/Management Collaboration Meetings ....................................................... 28 Article 20 Legal Action ..................................................................................................................... 28 20.1 Legal Action ........................................................................................................ 28 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 202 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda iii Article 21 Savings and Severability ................................................................................................... 29 21.1 Savings Clause ..................................................................................................... 29 21.2 Effect of Injunctions or Other Court Orders ........................................................ 29 Article 22 Waiver ............................................................................................................................. 29 22.1 Waiver .................................................................................................................. 29 Article 23 Amendments ..................................................................................................................... 29 23.1 Amendments ........................................................................................................ 29 Article 24 Miscellaneous Provisions ................................................................................................. 29 24.1 Construction ......................................................................................................... 29 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 203 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 PROJECT LABOR AGREEMENT This PROJECT LABOR AGREEMENT (“PLA” or the “Agreement”) is entered into by and between the City of Chula Vista, a chartered municipal corporation (the “City”), the San Diego County Building and Construction Trades Council, AFL-CIO (the “Trades Council”), and the signatory Craft Unions (the “Union(s)”) (each a “Party”, together, the “Parties”), effective as of this 15th day of April, 2025 (the “Effective Date”). RECITALS A. WHEREAS, the City spends approximately $45 million, on average, each year on public works capital improvement projects (“CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and B. WHEREAS, the City’s public works CIPs typically incur construction costs between 150,000 and $5,000,000; and C. WHEREAS, each year, the City enters into approximately 5 public works CIP construction contracts with a construction cost of $1,000,000 or more at the time of award (the “Covered Projects”); and D. WHEREAS, City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and E. WHEREAS, the successful completion of the Covered Projects is of the utmost importance to the City; and F. WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on the Covered Projects, including workers affiliated with and/or represented by the Unions; and G. WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and H. WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and I. WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects, and the Contractors agree not to engage in any lockout; and J. WHEREAS, the City places high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 204 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2 industry. The Parties will encourage Local Residents and Disadvantaged Workers to participate in Covered Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this Agreement; and K. WHEREAS, it is further understood that the City shall administer and enforce the obligations of this Agreement to ensure that the benefits of this Agreement flow to all signatory Parties, craft persons working under it, and Local Residents. AGREEMENT NOW THEREFORE, in consideration of the above Recitals, and the covenants contained herein, the Parties agree as follows: ARTICLE 1. DEFINITIONS Unless the context otherwise requires, the terms defined in this Article 1 shall, for all purposes of this Agreement, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. 1.1 Agreement. “Agreement” shall have the meaning given to such term in the preamble. 1.2 Applicable Prevailing Wage Laws. “Applicable Prevailing Wage Laws” means the prevailing wage laws, regulations, and determinations applicable to a Covered Project pursuant to the State of California Labor Code and/or the Davis-Bacon Act and related federal laws. 1.3 Apprentice. “Apprentice” means a craft employee registered and participating in an Apprenticeship Program for the entire time they are employed on a Covered Project. 1.4 Apprenticeship Program. “Apprenticeship Program” means an apprenticeship program (i) approved by the State of California’s Division of Apprenticeship Standards; (ii) registered with the U.S. Department of Labor; or (iii) registered with a State Apprenticeship Agency granted authority by the U.S. Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29. 1.5 Building and Construction Trades Department. “Building and Construction Trades Department” means the Building and Construction Trades Department of the American Federation of Labor-Congress of International Industrial Organizations. 1.6 Center. “Center” means the Center for Military Recruitment, Assessment and Veterans Employment, a 501(c)3 nonprofit organization. 1.7 City. “City” shall have the meaning given to such term in the preamble. 1.8 City Manager. “City Manager” means the City Manager of the City of Chula Vista, or designee. 1.9 Contractor. “Contractor” means any individual, firm, partnership, corporation, owner operator, consultant, or combination thereof, including joint ventures, which has entered into a Covered Contract, including the Prime Contractor and subcontractors of any tier, performing Covered Work. 1.10 Cooperative Purchasing Agreement. “Cooperative Purchasing Agreement” means a contract, arrangement or agreement to purchase supplies, equipment or services through a cooperative purchasing program with the state of California, the County of San Diego, the City of San Diego, or any Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 205 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 3 other public agency, including a joint exercise of powers authority, school district, or water authority within the United States; provided that such items are purchased through a competitive process that the City’s Purchasing Agent determines to be consistent with good purchasing practices, as authorized by Chula Vista Municipal Code Section 2.56.140. 1.11 Core Employee. “Core Employee” means an employee of a Contractor that is not a Union member. 1.12 Covered Contract. “Covered Contract” means a prime contract or subcontract awarded for performance of the Covered Work, or an individual job order constituting a Covered Project. 1.13 Covered Project. “Covered Project” shall have the meaning given to such term in Recital C. 1.14 Covered Project Site. "Covered Project Site” means the location or locations at which the Covered Work will be performed. 1.15 Covered Work. “Covered Work” means work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this Agreement. 1.16 Disadvantaged Area. “Disadvantaged Area” means a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area (as designed by the U.S. Office of Management and Budget) in which the census tract is located. 1.17 Disadvantaged Worker. “Disadvantaged Worker” means: an individual Domiciled in a Disadvantaged Area that a) has no high school diploma or general education diploma (GED), b) is homeless or has been homeless within the last year, c) is a former foster youth, d) is a custodial single parent, e) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), f) is a current recipient of government cash or food assistance benefits, g) has a documented income at or below 100 percent of the Federal Poverty Level, or g) is formerly incarcerated; or a Veteran residing anywhere. 1.18 Domiciled. “Domiciled” shall have the meaning set forth in Section 349(b) of the California Election Code, indicating a fixed address with intent of continued residency. 1.19 Emergency Work. “Emergency Work” means work performed for the purpose of preventing or alleviating circumstances, then existing or imminent, that are likely to cause danger to persons or property or the interruption of services provided by the City or other public service entities, as determined in the City’s sole and absolute discretion. 1.20 Holiday. “Holiday” means the City-observed holidays established in Chula Vista Municipal Code Section 10.08.110, as it may be amended from time to time. If any holiday listed falls on a Saturday, then the Saturday and the preceding Friday are both legal holidays. If the holiday should fall on a Sunday, then the Sunday and the following Monday are both legal holidays. 1.21 Joint Labor-Management Apprenticeship Program. “Joint Labor-Management Apprenticeship Program” means a Joint Labor-Management Apprenticeship Program approved by the State of California’s Division of Apprenticeship Standards as provided for in the Master Labor Agreement(s). 1.22 Letter of Assent. “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Covered Work, which formally binds such Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 206 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 4 Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “Exhibit A”. 1.23 Local Hires. “Local Hires” means individuals who are employed by Contractors as craft employees to perform Covered Work and have a priority in being dispatched by the respective Unions. 1.24 Local Resident. “Local Resident” means either a resident of the City or a resident of the County of San Diego, excluding the City, that has been identified as a Disadvantaged Worker. 1.25 Lockout. “Lockout” means a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement. Does not include City’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason. 1.26 Master Labor Agreement. “Master Labor Agreement” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Covered Work, as they may be amended from time to time, and which are incorporated herein by reference. 1.27 Party. “Party” shall have the meaning given to such term in the preamble. 1.28 PLA. “PLA” shall have the meaning given to such term in the preamble. 1.29 Plan for Settlement of Disputes. “Plan for Settlement of Disputes” means the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, or any successor plan. 1.30 Prime Contractor. “Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the City. 1.31 Project Labor Coordinator. “Project Labor Coordinator” means the designee of the City, either from staff or a consultant acting on behalf of the City, to monitor compliance with this Agreement and assist with developing, implementing, and administering the requirements, policies, and programs referenced herein. 1.32 Tier 1 Local Hire. “Tier 1 Local Hire” means a Local Hire who is a resident of the City. 1.33 Tier 2 Local Hire. “Tier 2 Local Hire” means a Local Hire who is a resident of the County of San Diego, excluding the City. 1.34 Trades Council. “Trades Council” shall have the meaning given to such term in the preamble. 1.35 Union. “Union” shall have the meaning given to such term in the preamble. 1.36 Veteran. “Veteran” means a veteran or the eligible spouse of a veteran of the United States armed forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215(a)). 1.37 Workforce Dispatch Request Form. “Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered Projects, an example of which is attached as Exhibit B. 1.38 Working Day. “Working Day” means Monday through Friday, excluding Holidays. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 207 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 5 1.39 Work Opportunities Program. “Work Opportunities Program” means a program jointly developed by the Parties to prepare and encourage Local Residents for entrance into Apprenticeship Programs and formal employment on the Covered Projects, as more fully described in Article 16. ARTICLE 2. SCOPE OF THE AGREEMENT 2.1 General. This Agreement shall apply to onsite Covered Work, performed by Contractors(s). 2.2 Funding-Based Exception. The Parties agree and understand that this Agreement shall not apply to any Covered Project, or portion thereof that would otherwise be subject to this Agreement, if a governmental agency or granting authority fully or partially funding such Covered Project determines that it will not fund the Covered Project if it is subject to this Agreement. City will make reasonable effort to establish the inclusion of this Agreement with any governmental agency or granting authority funding a Covered Project. In no circumstance shall City be required to forgo project funding due to potential applicability of this Agreement. 2.3 Included Work. For the avoidance of confusion, items specifically included in the scope of this Agreement include, without limitation, the following: a) Onsite and Adjacent Work. All onsite site preparation, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Covered Project, including, without limitation, the following examples: geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Covered Project), pumps, and pump stations. Onsite work includes work done solely for the Covered Project in temporary yards, dedicated sites, or other areas, provided that they are adjacent to the Covered Project, and at any onsite or offsite batch plant constructed solely to supply materials to the Covered Project. b) Systems Work. All startup, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the Covered Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by City employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, reword and modifications, and functional and operational testing up to and including the final running test. It is understood that the City’s personnel and/or representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from this Agreement to the extent the work is excluded by Section 2.4. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 208 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 6 c) Fabrication. All onsite fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers offsite fabrication to the extent that it is covered by existing Master Labor Agreements in effect at the time of the execution of this Agreement. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as onsite fabrication shall be performed onsite. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and is not subject to this Agreement. d) Batch Plants and Trucking. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project. Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California Department of Industrial Relations. 2.4 Excluded Work. Items specifically excluded from the scope of this Agreement include the following: a) Non-Manual Employees. Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees. Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a Covered Project, within the State of California’s general prevailing wage determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) unless they are SDCCD employees, when this work is performed under a Covered Contract or under a professional services agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for Surveyors and/or Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Surveyor and Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded. Department of State Architects (DSA), Inspector of Record (IOR) per project will be excluded from the scope of this Agreement provided the DSA-IOR required duties, as outlined in the California Building Standards Administrative Code (Part 1 Title 24 C.C.R.) Article 6, are supervisory and do not conflict with the above-defined scope of work; and Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 209 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 7 b) Support Services. Non-construction support services contracted by the City or Contractor in connection with Covered Projects; and c) City Employees. All employees of the City, or any consultants for City (including, but not limited to, project managers, construction managers, and their employees) and their subconsultants and other employees of professional service organizations, not performing manual labor within the scope of this Agreement. d) Work by Government and Private Utilities. Any work performed on, near, or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors (other than work within the scope of this Agreement undertaken by Contractors to the City) or by private utilities, or their contractors; and e) Offsite Work. All offsite manufacturing, fabrication, deliveries, maintenance, and handling of materials, equipment, or machinery, and the offsite hauling of materials of any kind to or from the Covered Project site. However, any laydown or storage areas for equipment or material and manufacturing (i.e., prefabrication) sites dedicated solely for the Covered Project, onsite fabrication, and the movement of materials or goods between locations on a Covered Project Site are within the scope of this Agreement. Onsite fabrication work includes work performed for the Covered Project in temporary yards or areas near the Covered Project. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project; and f) Manufacturer and Vendor Employees. Work performed by employees of a manufacturer or vendor on the manufacturer’s or vendor’s equipment, if required by the warranty agreement in order to maintain the warranty or guarantee, and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection shall be identified and discussed at the relevant pre-job conference. Upon request from the Trades Council, City shall review with the vendor whether installation or application may be performed pursuant to the terms of the Agreement without affecting the status of the warranty; and g) Specialized or Technical Work. Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess, including but not limited to electrical utility and water utility work on high voltage utility equipment, water well construction, Supervisory Control and Data Acquisition (SCADA) or other computerized equipment, and other specialty utility construction work. At least ten 10) Working Days’ notice shall be given to the Trades Council prior to any work being performed pursuant to this exemption; and h) Insufficient Number of Bids. Contracts for which there are less than three (3) unrelated, qualified bidders (two (2) for ready-mix concrete), with five (5) Working Days’ written notice to the Business Manager for the Trades Council prior to bids being due that a sufficient number of bids have not been received. This provision shall not apply unless City has: i) provided written notice of the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 210 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 8 solicitation of bids to at least three (3) contractors (two (2) for ready-mix concrete) that are signatory to a Master Labor Agreement of the Union that has jurisdiction over the work and to such Union concurrently with the first bid solicitation at least twenty-one (21) days in advance of the deadline for receipt of bids; ii) provide the bid specifications, information and bidding requirements directly to any additional union-signatory contractors that the Union has requested receive the bid specifications; iii) established the same bid specifications and requirements for any non-union signatory contractor submitting a bid as were established for any Union- signatory contractor, whether or not the non-union is submitted after City has successfully invoked the provisions of this section due to failure to receive three 3) bids (two (2) for ready-mix concrete); and iv) established bid specifications and requirements that are consistent with City’s usual and customary bidding process and industry practice in the San Diego region; and i) Substantial Impracticality or Inefficiency. The City may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality; and j) Substantially Exceeds Engineer’s Estimate. If the lowest responsive and responsible bid exceeds the engineer’s estimate by thirty-five percent (35%) or more, the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA. This exemption cannot be invoked more than twice in any calendar year to exclude a Covered Project or a Covered Contract from the scope of the PLA; and k) Laboratory testing work; and l) Emergency Work. 2.5 Awarding of Contracts. a) Each Union shall provide the Project Labor Coordinator a list of signatory Contractors, whose principal place of business is within the geographic jurisdiction of the City and that routinely perform work within the scope of the Covered Work in such area. The Union shall specify the type of work that such Contractor performs and may amend the list as necessary. City and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two 2) Contractors on the applicable Union’s list for the Covered Work, provided such Contractors meet any applicable City pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions, and scope of work requested of all potential bidders. Notwithstanding the preceding sentence, City has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor, notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Exhibit A hereto, and comply with this Agreement in performance of the Covered Work. b) It is agreed that all Contractors awarded Covered Work shall be required to accept and be bound by the terms and conditions of this Agreement. Contractors shall Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 211 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 9 evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Exhibit A hereto. The Prime Contractor must sign and submit the Letter of Assent as a condition of award prior to the execution of a Covered Contract. No Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator. c) It is agreed that, to the extent permitted by law and consistent with the economy and efficiency of construction and operation, City and Contractors will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, City and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontract s on all Covered Projects. 2.6 Master Labor Agreements. a) Conflicts Between Agreements. The provisions of this Agreement, including the Master Labor Agreements, shall apply to the Covered Work, notwithstanding the provision of any other local, area, and/or national agreement that may conflict with or differ from the terms of this Agreement. In the event of any inconsistency between a Master Labor Agreement and this Agreement, the provisions of this Agreement shall prevail. In the event that this Agreement is silent on a matter that is addressed in a Master Labor Agreement, the provisions of the Master Labor Agreement shall apply. Any dispute as to the applicable source between this Agreement and any Master Labor Agreement shall be resolved under the procedures established in Article 11. b) No Additional Agreements Required. It is agreed that this Agreement, together with the referenced Master Labor Agreements, constitutes a self -contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. Provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this Agreement, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement for Covered Work and/or expand its obligation to make contributions thereto. It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on the Covered Projects. c) Continuation. Master Labor Agreements incorporated as part of this Agreement shall continue in full force and effect with regard to Covered Work, until the Master Labor Agreement is modified by parties thereto. 2.7 Instrument Calibration and Loop Checking Exception. Except for work performed under the NTL Articles of Agreement, the Stack/Chimney Agreement, and the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 212 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 10 UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 8 (Work Stoppages and Lockouts) and Article 11 (Grievances and Disputes) of this Agreement, which shall apply to such Covered Work. ARTICLE 3. DURATION AND APPLICABILITY OF AGREEMENT 3.1 Duration. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect through June 30, 2030. Either the City or the Trades Council may provide written notice to the other, such notice to be provided not less than ninety (90) calendar days prior to the expiration of the Agreement, of its intent to extend the Agreement. Upon written mutual consent of the City and the Trades Council, the Agreement may be extended administrative for a period not to exceed five (5) additional years, for a total term of ten (10) years. 3.2 Limits to Applicability. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Covered Projects, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union basis. This Agreement shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this Agreement. 3.3 Binding on Signatories Only. This Agreement and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors. 3.4 Other City Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its account, on its property, or in and around the Covered Project Site. 3.5 Completed Covered Projects. As portions of Covered Projects are completed and accepted by the City, this Agreement shall have no further force or effect on such portions of Covered Projects, except where the Contractor is directed by the City or the Project Labor Coordinator to engage in repairs, modifications, and/or checkout functions required by its contract(s) with the City. Notice of acceptance received by the Contractor will be provided to the Trades Council with the description of the portion, segment, etc. that has been accepted by the City. Acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each item on such list until it is completed to the satisfaction of the City and notice of same is given by the City or its representative to the Contractor. 3.6 Final Termination. Final termination of all obligations, rights, liabilities, and disagreements shall occur upon receipt by the Trades Council of a notice from the City confirming that no work remains within the scope of the Agreement. ARTICLE 4. UNION RECOGNITION AND EMPLOYMENT 4.1 Recognition. The Contractor recognizes the Unions as the exclusive bargaining representative for the employees engaged in Covered Projects. Such recognition does not extend beyond the period when the employee is engaged in Covered Work. 4.2 Contractor Selection of Employees. The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 213 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 11 any lawful reason, subject to any reporting time requirements of the applicable Master Labor Agreement; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through procedures endorsed in this Agreement. 4.3 Referral Procedures. a) Job Referral System. For Unions having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system, and such system shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and nondiscrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires and Disadvantaged Workers on the Covered Projects, and to facilitate the ability of all Contractors to meet their employment needs. b) Duty to Recruit and Refer. The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractors, including specific employment obligations to which a Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce to perform Covered Work. The Unions will work with the Project Labor Coordinator and others designated by the City to identify and refer competent craft persons as needed for Covered Work. Contractors and Unions shall identify individuals, particularly Disadvantaged Workers and Veterans, for entrance into Apprenticeship Programs. c) Currently Employed. The Union shall not knowingly refer an employee currently employed by a Contractor on Covered Project to any other Contractor. ARTICLE 5. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION 5.1 Nondiscrimination in Referral, Employment, and Contracting. The Parties and Contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military or veteran status, criminal records, part incarceration, previous status as a foster youth, political affiliation, or membership in a labor organization in hiring and dispatching workers for the Covered Projects. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment. 5.2 Disabled Veterans and Small Business Enterprise Program. The Parties acknowledge that the City has adopted Council Policy 160-03 (Disabled Veterans and Small Business Enterprise Program), provided as Exhibit C. The Parties and Contractors shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement that may appear to interfere with Disabled Veterans Business Enterprises and Small Business Enterprises successfully bidding for work on Covered Projects shall be carefully reviewed and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with Council Policy 160-03, as it may be amended from time to time, on Covered Projects. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 214 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 12 a) Duty to Report. In order to assist the City in monitoring compliance with Council Policy 160-03, each Prime Contractor shall be responsible for providing documentation verifying compliance with same to the Project Labor Coordinator. 5.3 Core Employees. This section only applies to Contractors who are not directly signatory to an applicable Master Labor Agreement. a) Hiring Procedures. Contractors who are not otherwise signatory to a Master Labor Agreement may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3) Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article. b) Registration Required. Section 5.3 only applies to Contractors who are not directly signatory to a current Master Labor Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Master Labor Agreement of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the Covered Contract at the Covered Project Site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the Covered Project schedule. c) List to be Provided. Prior to each Contractor performing any work on a Covered Project, each Contractor shall provide a list of Core Employees to the Project Labor Coordinator and the Trades Council. After submitting the Core Employee list prior to commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns, or is terminated. d) Documentation to be Provided. Upon request by any Party to this Agreement, the Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation as may be deemed acceptable by the Project Labor Coordinator) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Trades Council. e) Eligibility Requirements. Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects: 1) A Core Employee must be a journeyperson and appear on the Contractor’s active payroll for at least ninety (90) of the last one hundred and eighty 180) calendar days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 215 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 13 submitted to the Project Labor Coordinator and the Trades Council prior to the Contractor commencing work on the Covered Project. 2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed. 3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and 4) A Core Employee must be a resident of San Diego County. f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Master Labor Agreements to call for specific employees by name. g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this Section for the duration of the Covered Project. 5.4 Employment of Local Hires and Disadvantaged Workers. a) First Referred. The Parties acknowledge that the City desires to maximize employment opportunities for Local Hires and Disadvantaged Workers and Unions and Contractors agree that Local Hires shall be first referred for Covered Projects. The list of qualifying Disadvantaged Areas shall be posted to the City’s website. b) Local Hire Goal. The Contractors and Unions agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualification, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft Local Hires to fulfill the requirements of the Contractors. Contractor and Unions further agree to work together to achieve a goal of at least fifty percent (50%) of the total construction craft hours worked on each Covered Project being performed by Local Hires, as further described in Section 5.4(c). c) Priority of Local Hires. The Contractors and Unions agree that Tier 1 Local Hires shall be first referred for Covered Projects. Should there not be sufficient skilled and qualified Tier 1 Local Hires to meet the Local Hire goal established in Section 5.4(b), Tier 2 Local Hires shall then be referred until the Local Hire goal has been met. d) Disadvantaged Worker Goal. The Contractors and Unions agree to work together to achieve a goal of at least thirty percent (30%) of the total construction craft hours work on each Covered Project being performed by Disadvantaged Workers. Hours worked by Local Hires who are also Disadvantaged Workers may be applied to the Local Hire participation goal. e) Apprentice Hiring Goal. The Contractors and Unions agree to work together to achieve a goal of at least one (1) Apprentice for every four (4) non-Apprentice workers. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 216 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 14 f) Compliance with Local Hire, Disadvantaged Worker, and Apprentice Hiring Goals. Contractors shall satisfy the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e) by: (i) assigning craft Core Employees who are Local Hires, Disadvantaged Workers, and/or Apprentices to perform Covered Work; and (ii) if necessary, requesting referral of Local Hires from Union hiring halls (using the Workforce Dispatch Request Form) and Apprenticeship Programs. Contractors who follow these procedures in good faith and with concerted efforts to identify and retain Local Hires, Disadvantaged Workers, and Apprentices shall not be considered in non-compliance for failure to meet the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e). g) Workforce Dispatch Request Form Required. To facilitate the dispatch of Local Hires, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, all Contractors are required to utilize the Workforce Dispatch Request Form. When Local Hires are requested by a Contractor, the Unions will refer Local Hires, to the extent such status is known, regardless of their place in the Union hiring halls’ list and normal referral procedures. 5.5 Time for Referral. If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees requested by any Contractor within forty - eight (48) hours (excluding Saturdays, Sundays, and Holidays), those Contractors may use employment sources other than Core Employees and the Union registration and referral services and may employ applicants from any other available source. The Contractor shall promptly notify the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any. 5.6 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractor shall give the Union equal opportunity to refer applicants in conformance with remaining provisions of this Article 5. The Contractors shall notify the Union of employees so hired, as set forth in Section 5.5. 5.7 City to Monitor Compliance. The Project Labor Coordinator shall work with the Unions and Contractors in the administration, monitoring, and reporting of the foregoing Local Hire and Disadvantaged Worker hiring goals. 5.8 Union Membership. Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 5.8 is intended to supersede the requirements of the applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreement and as to the employees of those Contractors who are performing Covered Work. 5.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Master Labor Agreements. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foreman at the request of the Contractors. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 217 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 15 5.10 Skilled and Trained Workforce. Each Contractor performing work on a Covered Project is required to utilize a skilled and trained workforce, as defined in Public Contract Code § 2600 - 2603. Unions and Contractors shall utilize the grievance procedures set forth in Article 11 of this Agreement to resolve any disputes regarding skilled and trained workforce requirements. To the maximum extent permissible under state law and regulation, including California Public Utilities Code § 132354.7(a)(3), Contractors and City shall be relieved of reporting and enforcement obligations and systems described in Public Contract Code § 2602 and 2603, and Contractors’ requirement to utilize a skilled and trained workforce shall instead by monitored and enforced by Unions and Contractors through the provisions of this Agreement. ARTICLE 6. UNION ACCESS AND STEWARDS 6.1 Access to Covered Project Sites. Authorized representatives of the Union shall have access to Covered Project Sites, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules. 6.2 Stewards. a) Stewards Authorized. Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non- working stewards. Stewards will receive the regular rate of pay of their respective crafts. b) Steward Purview. In addition to their work as an employee, the steward shall have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and not with the employees of any other Contractor. The Contractor shall not discriminate against the steward in the proper performance of their Union duties. c) Additional Stewards. When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. d) No Overtime Determinations. The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. 6.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union twenty- four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 218 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 16 6.4 Employees on Non-Covered Projects. On work where the personnel of the City or its contractors may be working in close proximity to the construction activities covered by this Agreement on non-covered projects, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with City personnel, or with personnel employed by any other employer not performing Covered Work. Violation of this provision by stewards and individual workers shall be just cause for disciplinary discharge. Violation of this provision by Union representatives shall constitute a material violation of this Agreement. ARTICLE 7. WAGES AND BENEFITS 7.1 Wages. At a minimum, all employees covered by this Agreement shall be classified in accordance with work performed and paid hourly wage rates for those classifications in compliance with the Applicable Prevailing Wage Laws. 7.2 Benefits. a) Payment. For all employees performing Covered Work, Contractors shall pay, at a minimum, all employee fringe benefits and other required Contractor contributions to the established Union employee benefit funds in the amounts required by the appliable Master Labor Agreements. In addition, the Contractors and Unions agree that only such bona fide employee benefits that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, and training funds) shall be included in this requirement and required to be paid by the Contractor for performance of Covered Work. b) Benefit Trust Funds. Where benefit payments are required by Section 7.2(a), the Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, Union trust agreement(s) specifying in detail how payments will be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successors’ trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. The Contractor obligations to the applicable Union benefit fund(s) and trust agreement(s) are limited to work performed on Covered Projects. The applicable Union benefit funds and trust agreement(s) to each Contractor are determined by the pre-job conference and Union work assignment process described in Articles 9 and 18. c) Certification Required. Each Contractor is required to certify to the Project Labor Coordinator that it has paid all benefit contributions due and owing to the appropriate Union trust(s) and benefit funds prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Project Labor Coordinator, the Project Labor Coordinator shall work with any Contractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting City and/or the Prime Contractor to withhold payments otherwise due to such Contractor, until such contributions have been made or otherwise guaranteed. d) Construction Industry Exemption. Notwithstanding any other provisions, this Agreement is an agreement under Section 8(f) of the National Labor Relations Act, which covers work performed in the building and construction industry. In Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 219 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 17 addition, the work performed under this Agreement qualifies for Construction Industry Exemption under the Employee Retirement and Income Security Act of 1974 (“ERISA”), as amended. If any Union pension trust fund covered by the terms and conditions of this Agreement does not qualify for the ERISA Construction Industry Exemption authorized by § 4203(B)(1)(i), as amended, 29 U.S.C. 1383(b)(1)(i), or has not taken the necessary steps to amend the fund documents to qualify for the Construction Industry Exemption as authorized by ERISA § 4203(B)(1)(ii), as amended, 29 U.S.C. 1383(b)(1)(B)(ii); and to recognize the work performed under this Agreement to qualify for the Construction Industry Exemption, the Contractors signatory to this Agreement will not be obligated to make pension fund contributions to that fund. In such an event, the Contractor shall pay all required amounts otherwise allocated for payment toward the non-exempt fund to the employee’s wages or other bona fide retirement plan program pursuant to Applicable Prevailing Wage Laws. 7.3 Wage Premiums. Wage premiums, including, but not limited to, pay based on height of work, shift premiums, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any Applicable Prevailing Wage Laws. 7.4 Compliance with Prevailing Wage Laws. All complaints regarding possible violations of Applicable Prevailing Wage Laws may be referred to the Project Labor Coordinator for processing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any Party to the State Labor Commissioner. To facilitate compliance with Applicable Prevailing Wage Laws, Contractor agrees to provide copies of certified payroll reports, redacted only to the extent required by law, to the Unions (or to any Labor Management Cooperation Committee in which a Union or its affiliate participate) within ten (10) Working Days of their request. The Trades Council or Union, as appropriate, shall be advised in a timely manner with the facts and resolution, if any, of any complaint. ARTICLE 8. WORK STOPPAGES AND LOCKOUTS 8.1 No Work Stoppages or Disruptive Activity. The Trades Council and the Unions signatory hereto agree that neither they, nor their respective officers, or agents, or representatives, shall incite, encourage, condone, or participate in any strike, walkout, slowdown, picketing, observation of picket lines, or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Covered Projects, or which interferes or otherwise disrupts Covered Projects, or with respect or related to City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes, whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, the Unions, or their members, agents, representatives, or the employees they represent shall constitute a material violation of this Agreement. The Trades Council and the Union shall take all steps necessary to ensure compliance with this Article 8. 8.2 Employee Violations. The Contractor shall discharge any employee violating Section 8.1, and any such employee shall not be eligible for rehire under this Agreement. 8.3 Standing to Enforce. City and any Contractor affected by an alleged violation of this Article 8 shall have the standing and the right to enforce the obligations established herein. 8.4 Expiration of Master Labor Agreements. If a Master Labor Agreement between a Union- signatory Contractor and one or more of the Union(s) expires before the Contractor completes the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 220 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 18 performance of the Covered Work under a Covered Contract, and the Union or the Contractor gives notice of demand for a new or modified Master Labor Agreement, the Unions agree that they will not strike the Contractor on any Covered Project, and the Union and the Contractor agree that the expired Master Labor Agreement will continue in full force and effect for the Covered Projects until a new or modified Master Labor Agreement is put in place between the Union and the Contractor. If the new or modified Master Labor Agreement between the Union and the Contractor provides that any terms of the Master Labor Agreement shall be retroactive, the Contractor agrees to comply, consistent with the terms of this Agreement and the applicable Prevailing Wage Laws, with any retroactive terms of the new or modified Master Labor Agreement which are applicable to employees of said Contractor that are employed on a Covered Project within seven (7) Working Days at no cost to the City. All employees shall continue to work and to perform all obligations with respect to Covered Work, despite the expiration of any Master Labor Agreement. Should a Contractor engaged in Covered Projects enter into an interim agreement with the Unions for work being performed elsewhere after the expiration, and before the renewal of a local collective bargaining agreement forming the basis for a Master Labor Agreement, such interim agreement shall be utilized by that Contractor for Covered Projects, subject to the provisions of Section 2.6(c) Continuation of Master Labor Agreements). 8.5 No Lockouts. Contractors shall not cause, incite, encourage, condone, or participate in any Lockout of employees with respect to Covered Projects during the term of this Agreement. 8.6 Best Efforts to End Violations. a) Violation by Union. If a Contractor or City contends that there is any violation of this Article, it shall, at least twenty-four (24) hours prior to invoking the procedures of Section 8.7, provide written notification to the Trades Council of the involved Union(s) and to the Project Labor Coordinator, setting forth the facts which the Contractor contends violate this Article. The Trades Council and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of this Article 8. b) Violation by Contractor. If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Project Labor Coordinator, setting forth the facts which the Union contends violate this Article 8, at least twenty-four 24) hours prior to invoking the procedures to Section 8.7. The Project Labor Coordinator shall promptly order the involved Contractor(s) to cease any violation of this Article. 8.7 Arbitration Procedure. Any Party, including the City, which is an intended beneficiary of this Article, and affected Contractors, may institute the following procedures, in -lieu or in addition to any other action at law or equity, when a breach of this Article is alleged. a) Notice to Arbitrator. The Party, including any affected Contractor, invoking this procedure shall notify Robert Hirsch, who has been selected by the Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure, or John Kagel, as the alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the alternate arbitrator will be contacted. If neither is available, then a selection shall be made by the most expeditious means available, with notices to the Contractor or Union alleged to be in violation, and to the Project Labor Coordinator and Trades Council. For purposes of this Article, Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 221 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 19 written notices may be made by email, hand delivery, or certified mail and will be deemed effective upon receipt. b) Hearing Schedule. Upon receipt of said notice, the arbitrator named above, or their alternate, shall sit and hold a hearing within seventy-two (72) hours if it is contended that this violation still exists, but no sooner than twenty-four (24) hours after notice has been dispatched to the Trades Council of the involved Union(s) and/or Contractor as required by Section 8.6 above. The arbitrator shall notify the disputing Parties of the place and time chosen for the hearing, which may be held in person or via videoconference. c) Hearing Procedures. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty-four (24) hours, unless otherwise agreed upon by all disputing Parties. A failure of any of the disputing Parties to attend said hearing shall not delay the hearing of evidence or the issuance of any award by the arbitrator. d) Hearing Scope. The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages (except for damages as set forth in Section 8.8) which issue is reserved for court proceedings, if any. e) Arbitration Award. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) Working Days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all disputing Parties by email, hand delivery, or certified mail upon issuance. The amount of liquidated damages pursuant to Section 8.8 below shall be determined at a second hearing scheduled by the arbitrator within thirty (30) calendar days of the first hearing to determine if a violation of this Article has occurred. Such arbitration award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued pursuant to this section, all disputing Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order(s) enforcing the arbitrator’s award shall be sent to all disputing Parties. f) Waiver. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties and Contractors to whom they accrue. g) Shared Expense. The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 222 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 20 8.8 Liquidated Damages. a) Work Stoppage or Disruption. If the arbitrator determines in accordance with Section 8.7 above that a work stoppage or other disruption to a Covered Project , pursuant to Section 8.1, has occurred, the respondent Union(s) shall, within eight 8) hours of receipt of the award, direct all employees they represent on the project to immediately return to work. If the craft(s) involved do not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union(s) have not complied with their obligations to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return the employees they represent to work, then the non-complying Union(s) shall each pay a sum as liquidated damages to the City, and each will pay an additional sum per shift, as set forth in Section 8.8(c), below, for each shift thereafter on which the craft(s) has/have not returned to work. b) Lockout. If the arbitrator determines that a Lockout has occurred on a Covered Project, the respondent Contractor shall, within eight (8) hours after receipt of the award, return all the affected employees to work on the Covered Project , or otherwise correct the violations found by the arbitrator. If the respondent Contractor does not take such action by the beginning of the next regular scheduled shift following the eight (8) hour period, each non-complying respondent Contractor shall pay or give as liquidated damages, to the affected Union (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as designated by the arbitrator) an amount equal to the total hourly wages and benefits lost for all affected employees of the Contractor on Covered Projects. In addition, the Contractor shall pay an additional sum per shift to the City, as set forth in Section 8.8(c), below, for each shift thereafter in which compliance by the respondent Contractor has not been achieved. c) Payment of Liquidated Damages to City. The Parties agree that project delays caused by violations of this Article 8 will cause the City to sustain damages. They agree that it would be impractical or extremely difficult to fix the amount of such damages. Therefore, the Parties agree that, in the event of a breach of this Article, the disputing Party in breach shall pay to the City the sum of $10,000 per shift, from the time that the arbitrator determines that a delay has occurred until the arbitrator determines that the Covered Project is no longer disrupted. The payment of liquidated damages, when made, shall constitute a damages remedy of the City for the delay specified, but shall not prevent the City from seeking an injunctive or other monetary relief, including termination of this Agreement. Payment of these sums as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code § 3275 or 3369, but instead, is intended to constitute liquidated damages to the City pursuant to California Civil Code § 1671. 8.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this Agreement, it shall not be a violation of this Agreement for any Union to withhold the services of its members from a Contractor who fails to timely pay its weekly payroll in accordance with the applicable Master Labor Agreement or fails to make timely payments to the applicable Union benefit funds. This Section 8.9 does Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 223 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 21 not inhibit or affect responsibilities of the Trades Council and the Union under Section 8.1 to refrain from picketing or other disruption of Covered Projects. a) Failure to Make Payroll. Prior to withholding its members’ services for the Contractor’s failure to meet its weekly payroll, the Union shall give at least five 5) Working Days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, Prime Contractor, and Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was received to attempt to resolve the payroll delinquency. If the payroll delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment of all monies due and owing for wages, the Union shall direct its members to immediately return to work and the Contractor shall return all such members to work. b) Failure to Contribute to Benefit Funds. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the applicable Union benefit funds, the Union shall give at least thirty (30) calendar days written notice of such failure to pay by certified mail or email transmission, to the involved Contractor, the Prime Contractor, and the Project Labor Coordinator. The Prime Contractor, together with the involved Contractor and the affected Union, shall meet within five (5) Working Days after the written notice of such failure to pay was sent to attempt to resolve the delinquency. If the delinquency remains unresolved, then the affected Union may withhold the services of its members from the involved Contractor. Upon payment by the delinquent Contractor of all monies due and then owing for employee benefit contributions, the Union shall direct its members to immediately return to work and the Contractor shall return all such members back to work. c) Grievance Rights Reserved. Nothing in this section should be construed to prevent the Union having jurisdiction over the involved work from submitting a grievance under Article 11 for any alleged or actual violations of Article 7 or referring any alleged or actual prevailing wage violation to the Project Labor Coordinator for review and enforcement, in accordance with Section 7.4. d) Contractor Replacement. City shall have the right to replace any delinquent Contractor in accordance with the terms and conditions of the applicable prime contract with City. ARTICLE 9. WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 9.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing, sympathy strikes, slowdowns, or other interference with the Covered Work because of jurisdictional disputes between Unions. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for Settlement of Disputes. 9.2 Jurisdictional Disputes. All jurisdictional disputes on Covered Projects shall be settled and adjusted according to the present Plan for Settlement of Disputes established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 224 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 22 Building and Construction Trades Department. Decisions rendered shall be final and binding and conclusive on the Contractors and Unions party to this Agreement. a) Carpenters Union Disputes. If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan for Settlement of Disputes from a list composed of Thomas Pagan and John Kageland the arbitrator’s hearing on the dispute shall be held in the offices of the Trades Council within fourteen (14) Working Days of the selection of the arbitrator. All other procedures shall be as specified in the Plan for Settlement of Disputes. 9.3 Failure to Comply. If any Union or Contractor fails to immediately and fully comply with the final decision rendered by the Plan for Settlement of Disputes, affected Union(s) or Contractor(s) may seek legal redress for such conduct, including, but not limited to, injunctive relief and/or damages. 9.4 Pre-Job Conference. It is required that a pre-job conference be held not later than fourteen 14) calendar days prior to the start of work by each Contractor for the Covered Project in accordance with the procedure described in Article 18. ARTICLE 10. MANAGEMENT RIGHTS 10.1 Contractor and City Rights. The Contractors and City have the sole and exclusive right and authority to oversee and manage construction operations on Covered Projects without any limitations unless expressly limited by a specific provision of this Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to: a) Plan, direct, and control operations of all work; and b) Hire, promote, transfer, and lay off their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; and c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; and d) Discharge, suspend, or discipline their own employees for just cause; and e) Utilize, in accordance with City approval, any work methods, procedures, or techniques, and select, use, and install any types or kinds of materials, apparatus, or equipment, regardless of source of manufacture or construction; and f) Assign and schedule work at their discretion; and g) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreements requiring such assignments be equalized or otherwise made in a nondiscriminatory manner. 10.2 Specific City Rights. In addition to the following and other rights of City and Prime Contractor enumerated in this Agreement, City expressly reserves its management rights and all rights Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 225 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 23 conferred on it by law and contract. City’s rights (and those of the Project Labor Coordinator on its behalf) include, but are not limited to the right to: a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; and b) At its sole option, terminate, delay, and/or suspend any and all portions of Covered Projects at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of City and/or to mitigate the effect of ongoing Covered Work on businesses and residents in the neighborhood of the Covered Project Sites; and/or require any other operational or schedule changes it deems necessary, in its sole judgment, to meet Project deadlines and remain a good neighbor to those in the area of the Covered Project; provided that, in order to permit the Contractors and Unions to make appropriate scheduling plans, City will use best efforts to provide the Project Labor Coordinator and the affected Contractor(s) and Union(s) with reasonable notice of any change it requires pursuant to this section; and c) Approve any work methods, procedures, and techniques used by Contractors, whether or not said methods, procedures, or techniques are part of industry practices or customs; and d) Investigate and process complaints or disagreements, through its Project Labor Coordinator or other representative. 10.3 Use of Materials. Subject to the terms of this Agreement, there shall be no limitations or restrictions by the Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization of equipment, machinery, packag ing, precast, prefabricated, prefinished, preassembled or modular materials, products, tools, or other labor-saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. 10.4 Special Equipment, Warranties, and Guaranties. a) It is recognized that certain equipment of a highly technical and specialized nature may be installed at Covered Project Sites. The nature of the equipment, together with the requirements for manufacturer’s warranties, may dictate that it be prefabricated, pre-piped, and/or pre-wired, and that it be installed under the supervision and direction of the manufacturer’s personnel. The Unions agree that such equipment is to be installed without incident. b) The Parties recognize that the Contractor will, from time to time, initiate the use of new technology, equipment, machinery, tools, and other labor-saving devices and methods of performing Covered Work. The Unions agree that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalog parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, modular products or materials, whatever their source of manufacture or construction. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 226 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 24 c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, device, or item, or method of work arises, or whether a particular part of pre -assembled item is a standardized or catalog part or item, the work will proceed as directed by the Contractor, and the Parties shall immediately consult over the matter. If the disagreement is not resolved through this consultation, the affected Union(s) shall have the right to exercise the procedures set forth in Article 11. ARTICLE 11. GRIEVANCES AND DISPUTES 11.1 Cooperation and Harmony on Covered Project Sites. a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to each Covered Project for the purpose of assisting the Unions, and working with the Project Labor Coordinator, together with the Contractors, to complete construction of the Covered Projects economically, efficiently, continuously, and without any interruption, delays, or work stoppages. b) The City, Contractors, and Unions, collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance of Covered Work and agree to resolve all disputes in accordance with the grievance provisions set forth in this Article 11, or as appropriate, those of Articles 8 or 9. c) The Project Labor Coordinator shall observe the processing of grievances under this Article 11 and Articles 8 and 9, including the scheduling and arrangement of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal Parties to any pending grievance to ensure the time limits and deadlines are met. 11.2 Processing Grievances. Any disputes arising out of and during the term of this Agreement involving the interpretation or application of the applicable Master Labor Agreement(s), but not alleged violations of Articles 8 or 9, shall be considered a grievance and subject to resolution under the following procedures. a) Step 1. 1) Employee Grievances. When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement or the applicable Master Labor Agreement(s), the employee shall, through his local Union business representative or job steward, within ten (10) Working Days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated, the details of the alleged violation and the remedy sought to resolve the matter. A grievance shall be considered null and void if notice of the grievance is not given with the prescribed ten (10) Working Day period. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within ten (10) Working Days Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 227 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 25 after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving Party may, within ten (10) Working Days thereafter, pursue Step 2 of this grievance procedure, provided that the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the applicable agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential, except as to the Parties directly involved. 2) Union or Contractor Grievances. Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten 10) Working Days after the disputing Party knew or reasonably should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) additional Working Days, the dispute shall be reduced to writing and advanced to Step 2 in the manner prescribed as Step 1 in Section 11.2(a)(1) above. b) Step 2. The business manager of the involved local Union or his or her designee, together with the site representative of the involved Contractor, and the labor relations representative of the Project Labor Coordinator, shall meet within seven 7) Working Days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 below within seven (7) calendar days after the initial meeting under Step 2. c) Step 3. If the grievance shall have been submitted but not resolved under Step 2, either the Union or the Contractor Party may request in writing to the Project Labor Coordinator (with copy[ies] to the other Party[ies]) within seven (7) calendar days after the initial Step 2 meeting, that the grievance by submitted to an arbitrator selected from the agreed-upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3) Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7) Fred Horowitz. The decision of the arbitrator shall be final and binding on all Parties, and the costs and expenses of such arbitration shall be borne equally by the involved Contractor(s) and the involved Union(s). d) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to, or detract from any of the provisions of this Agreement or the applicable Master Labor Agreement. 11.3 Limitations on Use of Procedures. Procedures outlined in this Article 11 shall not be applicable to any alleged violation of Article 8 or 9, with the single exception that any employee discharged pursuant to Section 8.2 may apply the procedures of this Article 11 to determine only if he/she was, in fact, engaged in a violation of Section 8.1. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 228 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 26 11.4 Notice. The Project Labor Coordinator shall be notified by the involved contractor of all actions at Steps 2 and 3. Further, the Project Labor Coordinator shall, upon its own request, be permitted to participate fully in all proceedings at such steps. ARTICLE 12. COMPLIANCE 12.1 Compliance with All Laws. The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances, and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the City, the Project Labor Coordinator, and the Contractor. Employees must promptly report any injuries or accidents to a supervisor. ARTICLE 13. SAFETY AND PROTECTION OF PERSON AND PROPERTY 13.1 Safety. a. It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with all applicable safety laws and regulations and any safety rules contained herein or established by the City, the Prime Contractor, or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and City. b. All Parties and Contractor employees shall be bound by the safety, security, and visitor rules established by the Prime Contractor, Contractor, and the City. These rules will be published and conspicuously posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge. 13.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol Testing Policy attached hereto as Exhibit D, which is the exclusive Drug and Alcohol Testing Policy for the Project. 13.3 Inspection. The inspection of shipments of equipment, machinery, and construction materials of every kind shall be performed at the discretion of the Contractor by individuals of its choice. ARTICLE 14. TRAVEL, SUBSISTENCE, AND PROPERTY 14.1 Applicability. Travel expenses, travel time, subsistence allowances and/or zone rates, and parking reimbursements shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination. Parking for employees covered by this Agreement shall be provided by the Contractor(s) according to the provision of the applicable Master Labor Agreement(s). ARTICLE 15. APPRENTICES 15.1 Importance of Training. The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the City’s local work force, and the opportunities to provide continuing work on Covered Projects for Local Residents. To these ends, and consistent with all applicable laws and regulations, the Parties will facilitate, encourage, and assist Local Residents to commence and progress in Apprenticeship Programs and/or apprentice readiness programs in the construction industry leading to participation in such Apprenticeship Programs. The City, the Contractors, the Trades Council, Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 229 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 27 and the Unions will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry which will help prepare them for entry into Apprenticeship Programs. Apprentices, if utilized, must be enrolled in a California Apprenticeship Council-approved Apprenticeship Program. 15.2 Use of Apprentices. a) The Unions and Contractors agree to cooperate in referring and employing Apprentices up to the maximum percentage allowed by the State Labor Code and the standards of each Joint Labor-Management Apprenticeship Program. The minimum ratios for Apprentice to journeyperson hours worked shall, at a minimum, comply with the applicable provisions of the California Labor Code relating to utilization of Apprentices. City, unless otherwise required by law, shall encourage such utilization, and both as to Apprentices and the overall supply of experienced workers, the Project Labor Coordinator will work with the Council, Apprenticeship Programs, and Contractors to assure appropriate and maximum utilization of Apprentices and the continuing availability of both Apprentices and journeypersons. b) The Parties and Contractors will comply with all applicable laws and regulations in the request for dispatch and employment of Apprentices. c) The Parties agree that Apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyperson or other Contractor employee working on the Covered Project where the Apprentice is to be employed who is qualified to assist and oversee the Apprentice’s progress through the Apprenticeship Program in which he/she is participating. ARTICLE 16. WORK OPPORTUNITIES PROGRAM 16.1 Intent. The Parties to this Agreement support the development of increased numbers of skilled construction workers from among residents of the City and San Diego County to meet the labor needs of Covered Projects specifically and the requirements of the local construction industry generally. Towards that end, the Parties agree to cooperate respecting the establishment of a Work Opportunities Program for Local Residents, the primary goals of which shall be to maximize construction work opportunities for Local Residents. In furtherance of the foregoing, the Unions specifically agree to: a) Support a pre-apprenticeship program for Local Residents, including students, whereby residents will be trained in a pre-apprenticeship skill to enable them to gain employment/training within the signatory Unions; and b) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Local Residents as journeymen, apprentices, and trainees on Covered Projects and entrance into such qualified apprenticeship and training programs as may be operating by signatory Unions. c) The Unions shall assist Local Residents in contacting the pre-apprenticeship program for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking Union jobs on the Covered Projects and Union membership in assessing their work experience and giving them credit for verifiable past experience in their relevant craft or trade, including experience Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 230 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 28 gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on the Covered Projects. d) Upon request, the Council shall make progress reports to the City on the Work Opportunities Program, including the number and employment disposition of Local Resident applicants who have been contacted, recruited, and participated in the Work Opportunities Program through their outreach efforts. This report shall identify individuals from traditionally underrepresented groups. ARTICLE 17. HELMETS TO HARDHATS 17.1 Veterans Entry into Building and Construction Trades. The Parties recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center and the Center’s “Helmets to Hardhats” program as a resource for preliminary orientation, assessment and construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. 17.2 Integrated Database. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of Veterans interested in working on the Covered Projects and of apprenticeship and employment opportunities for the Covered Projects. ARTICLE 18. PRE-JOB CONFERENCE 18.1 Pre-Job Conference Required. Each Contractor is required to conduct a pre-job conference with the Unions, not later than fourteen (14) calendar days prior to commencing the Covered Work. The purpose of the pre-job conference will be to, among other things, convey craft workforce needs, the schedule of Covered Work, Covered Project work rules, and propose preliminary Union work assignments. The Project Labor Coordinator may work with the Prime Contractor and Trades Council to facilitate the scheduling of all pre-job conferences, but ensuring each Contractor conducts a pre-job conference in accordance with this Agreement is the responsibility of the Prime Contractor. All preliminary Union work assignments shall be disclosed by each Contractor at a pre-job conference. Should there be work within the scope of a Covered Contract for a Covered Project that was not previously assigned a pre-job conference, or additional work be added to the scope of a Covered Project, the Contractor(s) performing such Covered Work will conduct a separate pre-job conference. Any Union in disagreement with a proposed assignment shall notify the affected Contractor of its position in writing, with a copy sent to the Project Labor Coordinator, within seven (7) calendar days after the pre-job conference occurred. Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Contractor’s proposed assignments, but prior to the commencement of any Covered Work, the Contractor shall make final assignments in writing with copies sent to the Project Labor Coordinator and Trades Council. 18.2 Failure to Conduct. A Contractor’s failure to conduct a pre-job conference in accordance with this Agreement is considered a breach of contract, and any affected Union may pursue a grievance pursuant to Article 11 of this Agreement to seek a remedy for such a violation. Provided, however, if the Contractor has conducted a pre-job conference in accordance with this Agreement, that Contractor is not required to participate in any additional pre-job conferences or mark-up meetings related to the original scope(s) of Covered Work assigned at the pre-job conference. 18.3 Project Labor Coordinator Participation. The Project Labor Coordinator may attend and facilitate each pre-job conference. At each pre-job conference, the Project Labor Coordinator shall address Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 231 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 29 the programs, goals, and outcomes related to Local Resident employment, as well as the progress of implementing the Work Opportunities Program. ARTICLE 19. LABOR/MANAGEMENT AND COOPERATION 19.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic labor/management collaboration meetings, which will be chaired jointly by a designee of the City and a designee of the Trades Council. The co-chairs shall determine the frequency and scheduling of the meetings with the assistance of the Project Labor Coordinator. The purpose of the meetings shall be to update the Parties regarding the progress and schedule of Covered Projects, promote harmonious and stable labor management relations, ensure effective and constructive communication between labor and management Parties, advance the proficiency of work in the industry, and to evaluate and ensure an adequate supply of skilled labor for all Covered Projects. The Project Labor Coordinator shall prepare reports detailing the outcomes of the Local Resident and Apprentice utilization goals on each Covered Project, and the implementation and progress of the Work Opportunities Program. All Parties will be invited to attend the labor/management collaboration meetings. Substantive grievances or disputes shall not be reviewed or discussed at such meetings but shall instead be processed pursuant to the appropriate provisions of this Agreement. ARTICLE 20. LEGAL ACTION 20.1 Legal Action. City, Trades Council, and Unions recognize the substantial legal costs including all attorney’s fees and associated disbursements) that might accrue with regard to any legal challenge over this Agreement and related to claims directly challenging the legality of this Agreement, or a particular section or language that has been adopted herein. In the event of a legal challenge, the Trades Council, on behalf of itself and affiliated Unions, agrees to seek to intervene in the legal action and actively participate in the litigation or other action to defend the legality of this Agreement, or a particular section or language herein. The failure of the Trades Council to seek to intervene in the legal action and actively participate to defend the legality of this Agreement will constitute a material breach of this Agreement. In the event the Trades Council is denied leave to intervene in the legal action, the Trades Council shall have its counsel coordinate with counsel for the City, at the Trades Council’s sole expense, regarding how the Trades Council can best support City’s legal position. ARTICLE 21. SAVINGS AND SEVERABILITY 21.1 Savings Clause. It is not the intention of the City, the Project Labor Coordinator, the Contractor, or the Union Parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and then intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Covered Projects that would otherwise be covered by this Agreement should continue to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding, and construction of any Covered Project. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 232 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 30 21.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification, should a court of competent jurisdiction issue any order, or any applicable statute that could result, temporarily or permanently, in the delay of the bidding, awarding, and/or construction of the Covered Project. ARTICLE 22. WAIVER 22.1 Waiver. A waiver of, or a failure to assert, any provision of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision in the future. Any such waiver shall not constitute a modification of this Agreement or a change in the terms and conditions of this Agreement, and shall not relieve, excuse, or release any of the Parties from any of their rights, duties, or obligations hereunder. ARTICLE 23. AMENDMENTS 23.1 Amendments. The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the City and the Trades Council. ARTICLE 24. MISCELLANEOUS PROVISIONS 24.1 Construction. The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance. This section intentionally left blank] Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 233 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 IN WITNESS WHEREOF, this Project Labor Agreement is executed as of the day and year first set forth above. CITY OF CHULA VISTA, a California charter SAN DIEGO COUNTY BUILDING AND city and municipal corporation CONSTRUCTION TRADES COUNCIL, AFL-CIO By: By: Maria V. Kachadoorian Carol Kim City Manager Business Manager ATTEST: By: Kerry Bigelow City Clerk APPROVED AS TO FORM: By: Marco A. Verdugo City Attorney Signatures continue on following page] Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 234 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda IGNATORY UNIONS By: Teamsters Local 481 Docusign Envelope ID: B5C56639-764A-4A26-90EE-CF761E339AF2 32 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 235 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda A-1 EXHIBIT A – LETTER OF ASSENT To be signed by all Contractors awarded Covered Work prior to commencing work. Contractor’s Letterhead] DATE Project Labor Coordinator Address Address Address Attention: Re: City of Chula Vista Project Labor Agreement This Letter of Assent confirms that [Name of Company] agrees to be party to and bound by the City of Chula Vista Project Labor Agreement, effective , 2024, as such agreement may be amended from time to time by the Parties or interpreted pursuant to its terms (the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement. Such obligation to be a Party and bound by this Agreement shall extend to all Covered Work undertaken by this Contractor on the Covered Project pursuant to [Contract No. ], and Contractor shall require all of its subcontractors of all tiers to be similarly bound for all Covered Work by signing and furnishing you an identical Letter of Assent prior to their commencement of the Covered Work. Sincerely, Name of Company] By: Name and Title of Authorized Executive] Copies of this Letter of Assent must be submitted to the Project Labor Coordinator and to the Trades Council consistent with Section 2.5(b)] Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 236 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda B-1 EXHIBIT B – WORKFORCE DISPATCH REQUEST FORM Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 237 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Project Labor Agreement City of Chula Vista PLA Workforce Dispatch Request Form Page 1 of 2 Workforce Dispatch Request Form The City of Chula Vista Project Labor Agreement (“PLA”) establishes a goal of at least ifty percent (50%) of the total craft hoursoneachCoveredProjectbeingperformedbyLocalHiresandatleastthirtypercent (30%) of the total craft hours on each CoveredProjectbeingperformedbyDisadvantagedWorkers. The Unions and Contractors agree that Local Hires and DisadvantagedWorkersshallbe irst referred for Covered Projects when requested through use of this Workforce Dispatch Request Form. CONTRACTOR USE ONLYPleasecompleteandfax/email this form to the applicable union to request craft workers that ful ill the hiring requirements forthisproject. After faxing/emailing your request, please call the local union to verify receipt and substantiate their capacity tofurnishworkersasspeciiedbelow. Please print and retain copies of your fax or email transmission for your records. TO: CC: FROM: Craft Classi ication JP APP * ** JP APP * ** JP APP * ** JP APP * ** JP APP * ** In accordance with PLA Article 4, Union Recognition and Employment, we are requesting the union: *Please provide priority referral of Local Hires, based on zip code residence, as described on the following page.** Please provide priority referral of Disadvantaged Workers, to the extent such status is known by the hiring hallorreferralsource. See list of criteria on the following page. WORKER REPORTING INSTRUCTIONS: Reporting Date: Reporting Time: Reporting To: On-Site Phone: Project Name: Project Location: Special Instructions: B-2 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 238 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista PLA Workforce Dispatch Request Form Page 2 of 2 UNION USEONLYPleasecompletethe “Union Use Only” section and fax or email both pages to the requesting Contractor and Project LaborCoordinator. Date Dispatch Received: Dispatch Received by: Date Worker(s) Dispatched: JP APP Tier 1 Tier 2 No Yes NoJP APP Tier 1 Tier 2 No Yes NoJP APP Tier 1 Tier 2 No Yes NoTier1 Tier 2 No Yes NoJP APP Tier 1 Tier 2 No Yes NoJP APP Tier 1 Tier 2 No Yes No*PLEASE NOTE: By marking the “No” box for either the “Local Hire” or “Disadvantaged Worker” categories, you are certifying on behalf oftheUnion, that the Union has exhausted all reasonable efforts to locate and dispatch such Local Hire or Disadvantaged Worker. A Tier 1 Local Hire is an individual domiciled in Chula Vista, CA. Below is a list of zip codes within Chula Vista, CA. 91910 591902ATier2LocalHireisanindividualdomiciledinSanDiegoCounty, CA, outside Chula Vista, CA. Below is a list of zip codes withinSanDiegoCounty, CA, excluding Chula Vista, CA. 91901 91905 91906 91916919359194591950919629196391980 92003920049200792008920099201092011920149201992020920219202492025920269202792028920299203692037920409205492055920569205792058920599206092061920649206592066920679206992070920719207592078920819208292083920849208692091920939209692101921029210392104921059210692107921089210992110921159211692120921236921269213092135921369214092145921549215592161922599253692672ADisadvantagedWorkerisaVeteranresidinganywhereORanindividualdomiciledinaDisadvantagedArea*** that also meetsoneormoreofthefollowingconditionsattheinitialtimeoftheiremploymentonaCoveredProject: 1.has no high school diploma or general education diploma (GED);2.is homeless or has been homeless within the last 12 months;3.is a former foster youth;4.is a custodial single parent;5.is experiencing protracted unemployment (receiving unemployment bene its for at least three (3) months;6.is a current recipient of government cash or food assistance bene its;7.has a document income at or below 100% of the Federal Poverty Level, as de ined by the department of HealthandHumanServices; or8.is formerly incarcerated.Disadvantaged Area zip codes located in Chula Vista, CA include 91910 and 91911. A complete list of San Diego CountyDisadvantagedAreazipcodescanbefoundhere: www.sandag.org/cba This form is not intended to replace a Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.) B-3 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 239 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C-1 EXHIBIT C - COUNCIL POLICY 160-03 (DISABLED VETERANS AND SMALL BUSINESS ENTERPRISE PROGRAM) Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 240 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL BUSINESSENTERPRISE PROGRAM POLICY NUMBER 160-03 EFFECTIVE DATE 12/6/2016 ADOPTED BY: Resolution No. 2016-265 I DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) BACKGROUND PAGE 1 OF4 Disabled Veterans have made immeasurable sacrifices to protect the citizens of this country. These sacrifices have not gone unnoticed. The State and various local agencies, whether city or county, have enacted certain programs to assist Disabled Veterans and provide them with opportunities to participate in the procurement of State and local contracts. Such programs are called "Disabled Veterans Business Enterprise" programs. Similar programs also exist for small businesses. Small businesses tend to be economic drivers of local economies, so their growth is an important aspect of the success and growth of communities. However, small businesses often don't have sufficient understanding of government contracting practices to participate in a meaningful way in the government contracting process, so agencies have established "Small Business Enterprise" programs. PURPOSE It is the purpose of this Council Policy to establish a Disabled Veterans Business Enterprise and Small Business Enterprise Program to facilitate and encourage the participation of Disabled Veterans Business Enterprises (DVBEs) and Small Business Enterprises (SBEs) in City contracting through the establishment of DVBE and SBE participation goals. By including DVBE and SBE participation goals in City contracts, the City will be able to ensure that DVBEs and SBEs are provided with the opportunities, information, and encouragement to participate in City procurement. POLICY The City of Chula Vista has the authority to establish and adopt such a policy pursuant to the Charter of the City of Chula Vista. It is the policy of the City of Chula Vista to encourage the utilization and participation of DVBEs and SBEs in City procurements whenever practical and appropriate. To this end and to the extent not in conflict with other laws, the City Council, through this Policy, establishes a three-percent (3%) DVBE and three-percent (3%) SBE participation goal for all City contracts within the scope of this policy and authorizes the City Manager or his/her designee to establish procedures to implement this policy. I.Scope A.General Application: Excepting those contracts identified in subsection B, below, this policy shall apply to all (1) agreements, contracts, and purchase orders for commodities, services, supplies, or equipment awarded in accordance with Chula Vista Municipal Code §2.56; and (2) Public Works contracts awarded in accordance with City Charter §1009, provided such contracts are funded to the extent of 50% or more of their total costs from City funds. C-2 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 241 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAG 160-03 12/6/2016 2 OF 4 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) B. Exceptions: this Policy shall not apply to: 1. Sole Source contracts. 2. Contracts necessitated by an emergency. 3. Contracts for which the Awarding Authority has determined that compliance with this Policy would be Impractical or Impossible. 4. Transfers of any interest in real or personal property, including leases. 5. Agreements or memorandums of understanding with another government agency. 6. Contracts with a private, nonprofit organization. 7. With respect to DVBE participation, contracts where the prime contractor on the contract is a DVBE. 8. With respect to SBE participation, contracts where the prime contractor on the contract is an SBE. 9. With respect to DVBE participation, all public works contracts where the procuremep, complies with any applicable federal or state DVBE requirements. 10. With respect to SBE participation, all public works contracts where the procurement complies with any applicable federal or state SBE requirements. 11. Public works contracts of less than $100,000. 12. Cooperative or joint purchases in accordance with CVMC §2.56.020(H) 13. When compliance with this Policy would conflict with requirements imposed by the federal or state government relating to the receipt or use of federal or state funds. 14. Contracts for commodities, services, supplies, or equipment of $100,000 or less that are based on market rates awarded in accordance with CVMC §2.56.090(B)(2) 15. Where application of this Policy would conflict with any restrictions imposed on grant or donated funds. 16. Public Works Contracts in which Minority Business Enterprise (MBE), Woman -Owned Business Enterprise (WBE), and/or Underutilized Disadvantaged Business Enterprise UDBE) goals are required by state or federal government entity. Il. Definitions: 1. Awarding Authority" shall mean the body or individual granted the authority by the Chula Vista Charter or the CVMC to award a contract. 2. Disabled Veterans Business Enterprise" or "DVBE" shall have the same meaning as in California Military and Veterans Code §999(b)(7). 3. Goal" shall mean a numerically expressed objective that contractors are required to mak,- akeGoodGoodFaithEffortstoachieve. C-3 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 242 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE 160-03 12/6/2016 3 OF 4 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) 4. "Good Faith Efforts" shall mean those efforts taken to solicit the participation of DVBE and SBE bidders in the City's procurement process, including, but not limited to: (a) regular outreach to DVBEs and SBEs by City and prime contractors; (b) providing information and training, if requested, on how DVBEs and SBEs may participate in the City's procurement process, either as a prime contractor or as a subcontractor (c) contacting DVBEs and SBEs via telephone, FAX, or other means to solicit said DVBEs' and SBE's participation in the bidding and procurement opportunities; (d) maintaining a list of DVBEs and SBEs willing and able to provide commodities, services, supplies, or equipment; (e) incorporating competitive DVBE and SBE bid proposals in prime contractor's bid; (f) demonstrating and documenting that such efforts were taken to solicit bids from DVBEs and SBEs.. 5. "Impracticality" or "Impossibility" shall mean that the there are no known DVBEs or SBEs that are willing or able to provide specific commodities, services, supplies, or equipment. 6. "Public Works" shall mean the construction, reconstruction, or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds, or other public capital facilities, and the supplies, materials, equipment or other contractual services for same. 7. "Small Business Enterprise" or "SBE" shall have the same meaning as in California Government Code §14837(d)(1). III. General Requirements for Prime Contractors A. Subject to any contrary provisions of state or federal law, where a prime contractor intends to use subcontractors on any contract within the scope of this policy as described in Section I, Scope," above, and the procurement is not exempt from participation, the prime contractor shall make Good Faith Efforts to meet or exceed the Goals of 3% DVBE and 3% SBE subcontractor participation. B. Participation Calculation: 1. Except for "As Needed" contracts, such as job/task order contracts, the percentage of the relevant participation goal (DVBE or SBE) shall be calculated by taking the aggregate value of all DVBE subcontracts to determine DVBE participation and SBE subcontracts to determine SBE participation to be used on the project as a percentage of the total value of each such contract. 2. "As Needed" contract participation percentage calculation shall be based on value of each task order. Prime contractors subject to the participation requirements shall submit a DVBE and SBE subcontractor utilization plan for City's review and approval prior to commencing work. C-4 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 243 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: DISABLED VETERANS AND SMALL POLICY EFFECTIVE BUSINESS ENTERPRISE PROGRAM NUMBER DATE PAGE 160-03 12/6/2016 40174 ADOPTED BY: Resolution No. 2016-265 DATED: 12/6/2016 AMENDED BY: Resolution No. (date of resolution) IV. Establishment and Issuance of Guidelines for the Implementation of the DVBE and SBE Program. A. The City Manager, in consultation with the affected departments, shall establish administrative guidelines for the implementation of the DVBE and SBE Program. The guidelines shall include, at a minimum: 1. An explanation of procedures, processes, and/or actions that a contractor may perform to satisfy the Good Faith Efforts requirement of the DVBE and SBE Program. 2. The method of documenting a contractor's Good Faith Efforts to comply with the DVBE and SBE Program goals of 3% DVBE and 3% SBE participation. 3. Documentation to be supplied to bidders to inform them of their obligations for and the manner of compliance with the DVBE and SBE Program. 4. Forms on which the City staff reviewing bids shall identify how a bidder has complied w' or failed to comply with the requirements of the DVBE and SBE Program. 5. Description of the protest process for those lowest bidders that have been determined by the City to be non-responsive based on the guidelines issued in accordance with this Policy. B. The City Manager's administrative guidelines may differ depending on the nature of the contract (i.e. public works, equipment, materials, or services). V. Failure to Demonstrate "Good Faith Efforts": A. A bidder that fails to demonstrate "Good Faith Efforts" to meet the DVBE and SBE participation percentage may be considered "nonresponsive" and an award shall be made to the next lowest responsible and responsive bidder that complies with this policy. B. The Awarding Authority, as determined by the City Charter and/or the CVMC, may waive the DVBE and/or SBE requirement if it finds that enforcement of the DVBE and/or SBE requirement would preclude meaningful competition among vendors or that compliance will not be in the public interest. VI. Effective Date of Policy. This Policy shall go into effect thirty (30) calendar days following the adoption of the administrative guidelines by the City Council. C-5 Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 244 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-1 EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this PLA and this policy, Exhibit D – Drug and Alcohol Testing Policy, hereafter the “Policy.” 1.It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the PLA. 2.No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy. 3.No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager. Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the Agreement and subject to the Article 11 grievance procedure. 4.A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project. 5.The following procedure shall apply to all drug and alcohol testing: a.The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union business representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 245 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-2 employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union. d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the PLA or new testing procedures are approved, then these new regulations will be deemed as part of this existing PLA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures. e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) calendar days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense. f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions: 1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 246 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-3 2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove. 3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two 2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll. h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees. 6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Covered Project under the following conditions: a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) Working Days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) Working Days after start of the work on the project; c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees; d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove. e. Only two (2) periodic tests may be performed in a twelve (12)-month period. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 247 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-4 7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite. 8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the PLA. 9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision. 10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated. 11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion. 12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy. 14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 248 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-5 SPECIMEN REPORTING CRITERIA Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte Confirmatory Test Cutoff Concentration Marijuana metabolites THCA)2 50 ng/ml 3 THCA 15 ng/ml Cocaine metabolite Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml Codeine/ Morphine 2000 ng/ml Codeine Morphine 2000 ng/ml 2000 ng/ml Hydrocodone/ Hydromorphone 300 ng/ml Hydrocodone Hydromorphone 100 ng/ml 100 ng/ml Alcohol 0.02% Ethanol 0.02% Oxycodone/ Oxymorphone 100 ng/ml Oxycodone Oxymorphone 100 ng/ml 100 ng/ml 6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml Amphetamine/ Methamphetamine 500 ng/ml Amphetamine Methamphetamine 250 ng/ml 250 ng/ml MDMA4/MDA5 500 ng/ml MDMA MDA 250 ng/ml 250 ng/ml Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte Confirmatory Test Cutoff Concentration Barbiturates 300 ng/ml Barbiturates 200 ng/ml Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml Methadone6 300 ng/ml Methadone 100 ng/ml Methaqualone 300 ng/ml Methaqualone 300 ng/ml Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml 1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff): Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group. Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine). 4 Methylenedioxymethamphetamine (MDMA) 5 Methylenedioxyamphetamine (MDA) 6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 249 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda D-6 MEMORANDUM OF UNDERSTANDING REGARDING QUICK” DRUG SCREENING TESTS PURSUANT TO EXHIBIT D – DRUG AND ALCOHOL TESTING POLICY It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test. An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test. Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 Page 250 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT F DETAILED SCOPE OF SERVICES Page 251 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 1 of 18 May 5, 2026 Nolan Huelsman, PE Principal Civil Engineer City of Chula Vista Re: F Street Promenade Phase 1 Dear Nolan, Thank you for your consideration of this proposal prepared by CR Associates (“CRA”) to the City of Chula Vista (“Client”) for professional engineering services related to the implementation of F Street Promenade Phase 1. Project Understanding and Scope of Work The City of Chula Vista is seeking assistance with the implementation of the F Street Promenade Phase 1 project. The project extends along F Street from Bay Boulevard to Broadway and will enhance pedestrian and bicycle facilities by reducing the existing vehicular travel lanes and expanding the existing 5’ wide sidewalk to create a 12’ wide multi-use pedestrian and bicycle path on both sides of the street, landscaped and lighted parkways, extended curb returns at intersections, and signing and striping. The project will be conducted in three (3) distinct phases: Environmental Analysis and Clearance and Preliminary Engineering (PA&ED), Final Design (PS&E), and Construction Support (CON). Task 1 – PA&ED Services Task 1.1 – Preliminary Services Kickoff Meeting A project kickoff meeting with City staff, attended by up to eight (8) CRA team members will be held to discuss team roles, project scope, schedule, deliverables, funding, goals, and immediate action items. Site Visits The CRA team will visit the site on up to one (1) occasion during the PA&ED phase to observe the existing conditions within the project area. Existing Conditions / Project Path Assessment Memo Once the CRA team has reviewed all documentation / data prepared and collected to date and investigated current review and permitting requirements with applicable agencies, we will prepare a memorandum including the following: Description of existing conditions and known operational issues Preliminary risk register including potential schedule and budget impacts, as well as mitigation strategies Suggested next steps Page 252 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 2 of 18 Task 1.2 – Environmental Services NEPA Documentation Support The CRA team will prepare a draft Preliminary Environmental Study (PES) Form addressing Phase 1 of the F Street Promenade project. The purpose of the PES Form is to provide the early coordination needed for Caltrans Division of Local Assistance (DLA) to determine the required technical studies, level of analysis, and NEPA Class of Action (Categorical Exclusion [CE], Environmental Assessment [EA], or Environmental Impact Statement [EIS]). We will provide an electronic copy of a draft PES Form for City review. Following revisions by the team, the City will submit the draft PES Form to Caltrans DLA. If requested by Caltrans, the City will schedule a field meeting at the project site or a virtual meeting to discuss the project, relevant environmental issues, and the draft PES Form. The Consultant team, City, and Caltrans DLA staff will attend the meeting. Based on the meeting, we will revise the draft PES Form, as required, and submit the final PES Form to the City for signatures and submittal to Caltrans DLA. The PES Form will identify the appropriate NEPA document for the project, as well as the technical studies required in support of this documentation. It is assumed that the PES form will conclude that the project will qualify for a “Categorical Exclusion with required technical studies” based on 23 Code of Federal Regulations (CFR) 771.117(c)(3), which covers construction of bicycle and pedestrian lanes, paths, and facilities. One additional review cycle of the PES Form based on Caltrans DLA comments is included. Caltrans DLA will prepare and process the CE form following approval of the supporting technical studies and the City completing the CEQA process. Environmental Technical Studies It is anticipated that the PES Form will identify preparation of the following environmental technical reports to support the NEPA CE: Historic Property Survey Report/Archaeological Survey Report (HPSR/ASR) Historic Resources Evaluation report (HRER) Community Impact Assessment (CIA) Initial Site Assessment (ISA)/Preliminary Site Investigation (PSI) Technical studies required for NEPA documentation will include an analysis of a single version of the project based on City feedback. The studies will be prepared in accordance with Caltrans/Federal Highway Administration (FHWA) format and content requirements that are contained in the Caltrans Standard Environmental Reference (SER) website. It is assumed the City can rely on the technical reports prepared in the Caltrans/FHWA format for the CEQA compliance documentation. It is assumed that each technical study will undergo up to three (3) rounds of review/revision, as follows. The CRA team will submit an electronic copy (Microsoft Word and PDF versions) of each technical report to City for review. Following revisions which are assumed to be minor, not requiring new or substantially revised analysis or additional fieldwork), we will provide the City with an electronic copy of each draft technical study for submittal to Caltrans DLA. The reports will be revised one time following Caltrans review. Electronic copies (PDF) of the final reports will be provided to the City and Caltrans. HISTORIC PROPERTY SURVEY REPORT/ARCHAEOLOGICAL SURVEY REPORT (HPSR/ASR) The CRA team will prepare an Area of Potential Effects (APE) Map that incorporates the limits of physical disturbance for the project. We will revise the APE map one time based on comments from Caltrans review. Page 253 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 3 of 18 It is assumed that the project area is within the public ROW only. It is assumed that the street improvements will not be out of character with the surrounding environment, and therefore will not represent a substantial change to the existing visual impacts of the streetscape, and therefore an expansion of the APE is not required in any other locations. Should Caltrans consider these improvements to have a potential visual impact, then the APE may require an expansion and costs and scope change will be required, based on the size of the expanded APE. The CRA team will prepare an Historic Property Survey Report (HPSR) and an Archaeological Survey Report ASR) in the required Caltrans format using the appropriate content and format guidelines on the Caltrans SER website. The cultural resources technical study will include obtaining a records search from the South Coastal Information Center and contacting the Native American Heritage Commission (NAHC) for a Sacred Lands File Check and a list of Native American contacts. Native American representatives recommended by the NAHC will be contacted to solicit information regarding potential concerns. A field survey will be conducted to observe and record any visible archaeological resources or cultural material within the project APE. A Kumeyaay Native American Monitor, contracted through our team, will participate in the survey effort. Historic background research will be conducted to assess whether the HRER is required. This scope does not include the documentation of any cultural resources. HISTORICAL RESOURCES EVALUATION REPORT (HRER) The project corridor contains three (3) known features that could potentially be considered historical resources, including the existing railroad bridge across the I-5; buried railroad track under the pavement of F Street, as indicated on the 1971 As-Builts; and the existing trolley track (historically known as the San Diego Arizona Railway and recorded as Primary number P-37-025680 at the SCIC). As such, preparation of an HRER may be required by Caltrans. If required by Caltrans, we will prepare an HRER addressing one or more of these three (3) resources. The HRER will include documentation of the resources, a brief historic context, methods, and results of the evaluation of the resources under National Register of Historic Places NRHP)/California Register of Historic Resources (CRHR) significance criteria. Up to three built environment DPR forms will be prepared. OPTIONAL: FINDING OF EFFECT DOCUMENT (Requires separate City approval and NTP) If required by Caltrans, a Finding of Effect (FOE) document will be prepared. It is assumed that the FOE will be a Finding of No Adverse Effect with Standard Conditions, which will use the Secretary of Interior’s Standards (FNAE-SC: SOIS) for the Treatment of Historic Properties to avoid adverse effects to any potential historic properties. The FOE document will include the following sections: Summary of Action Plan, Project Description, Historic Properties Description, Analysis of Effects Related to Conditions Proposed, and Responsible Parties Action Plan Table. TRIBAL CONSULTATION SUPPORT If requested by City or Caltrans, the CRA team will act as extension of staff to assist the City and/or Caltrans with government-to-government outreach and consultation. We will draft notification letters to be sent on City letterhead to Tribes who have registered with the City requesting to be notified of projects. We will field inquiries and requests for consultation or meetings with Tribes who request them. This task includes up to Page 254 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 4 of 18 two in-person meetings for a senior archaeologist or cultural resources manager with City staff and Tribal representatives. COMMUNITY IMPACT ASSESSMENT (CIA) The CRA team will prepare a Community Impact Assessment (CIA) in accordance with Caltrans/FHWA format and content requirements that are contained in the Caltrans SER website. The CIA will evaluate potential community impacts within the project area for the project addressing land use (land use compatibility, consistency with major land use plans and regulations, coastal zone, impacts to parks and recreational facilities as well as Section 4(f) resources), community character and cohesion neighborhoods/communities/community character, community facilities and services, construction impacts), property acquisitions, transportation and pedestrian/bicycle facilities, and public involvement. OPTIONAL: SECTION 4(F) EVALUATION (Requires separate City approval and NTP) The western extent of the project corridor is adjacent to Bay Boulevard Park. Intersection improvements at the F Street/Bay Boulevard intersection (e.g., roundabout) could encroach into the adjacent park, which is considered a Section 4(f) property pursuant to Section 4(f) of the Department of Transportation Act. Additionally, if the resources within the project corridor (existing railroad bridge across the I-5, buried railroad track under F Street, and the existing trolley track) are determined to be historic, these would also be protected under Section 4(f). We will evaluate potential direct and indirect impacts to 4(f) resources resulting from the project. The 4(f) Evaluation will rely on the results and conclusions of the HPSR/ASR and HRER (if required). This scope assumes a de minimis Impact Analysis Report will be prepared. De Minimis Impact Analysis Report If it is determined that use of 4(f) resource(s) will occur as a result of the project and Caltrans determines that preparation of de minimis Impact Findings is required, we will provide coordination support to the City and Caltrans for de minimis Impact Findings. We will prepare documentation in the form of a Section 4(f) de minimis Impact analysis report (in accordance with the format and content requirements of Caltrans) to support de minimis Impact Findings that will address the following: Applicability of Section 4(f) property proposed to be used by the project A description of the use of the 4(f) property An explanation of why the use is de minimis Records of public involvement, or Section 106 consultation Any avoidance, minimization, and/or mitigation measures that are relied upon to make the de minimis finding Results of coordination with the official(s) with jurisdiction including written concurrence from official(s) with jurisdiction The City and/or Caltrans will be responsible for coordination with the officials with jurisdiction over the property. CEQA Documentation It is anticipated that the project would meet the criteria for a CEQA Class 1 Categorical Exemption, Existing Facilities, Class 3 Categorical Exemption, New Construction or Conversion of Small Structures, and/or Class 4, Minor Alterations to Land. Additionally, it is not anticipated that any of the exceptions outlined in CEQA Page 255 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 5 of 18 Guidelines Section 15300.2 would apply to the project. These exceptions relate to location, cumulative impacts, significant effects due to unusual circumstances, scenic highways, hazardous waste sites, and historical resources. Thus, use of this CEQA Categorical Exemption appears to be appropriate for the project. We will prepare a CEQA Notice of Exemption (NOE) for the project in the City’s format along with a brief memorandum to document that none of the exceptions outlined in CEQA Guidelines Section 15300.2 apply. We will provide the City with electronic copies of the draft NOE and supporting memorandum in Microsoft Word and PDF formats for review and comment. As applicable, we will provide the City with a revised electronic copy for final review. This scope assumes that the City will be responsible for electronically submitting the required documents to the State Clearinghouse, filing the NOE at the County Clerk (along with payment of applicable fees). Task 1.3 – Preliminary Engineering It is assumed the Preliminary Engineering submittal will be provided to the City for review and comment, and that one (1) round of consolidated comments will be addressed as part of the 60% design phase submittal. Data Collection Concurrently, the CRA team will perform a review of the topographic survey (.dwg), right-of-way mapping dwg), and as-built plans (.pdf) provided by the City. It is assumed that the information provided by the City will be substantially thorough, accurate, and complete. The CRA team will also prepare and distribute a utility records request to all utilities within the project area. Based on this information, CRA will prepare an existing conditions AutoCAD file to use as the background for the proposed project plans. Utility poles will be labeled by their identification number. Underground utilities, larger than 24” in diameter will be drawn to scale. The CRA team will review the provided plans prepared by a pervious consultant. Preliminary Plans CRA will prepare preliminary engineering plans and technical reports. The design will be prepared utilizing software compatible with AutoCAD Civil 3D 2021 on 22”x34” paper, utilizing the City of Chula Vista Design and Construction Standards (2017), City of Chula Vista Equipment Specifications, Greenbook Standard Specifications (2021), CA-MUTCD (2026), San Diego Regional Standard Drawings (2022), and Caltrans Standard Plans and Specifications (2023). The preliminary plans will provide the following sheets: Title Sheet (1 Sheet) Demo Plans (1”=40’, 3 Sheets) Details and Typical Sections (3 Sheets) Roadway / Bikeway / Roundabout Improvement Plans (1”=20’, 5 Sheets) Storm Drain Plan and Details (1”=20’, 3 Sheets) Utility Plans (1”=40’, 3 Sheets) Landscape and Irrigation Plan and Material Pallet (1”=20’, 2 Sheets) (non-bridge) Signing, Wayfinding, and Striping (1”=40’, 3 sheets) (non-bridge) Grade Crossing Plan (1”=20’, 1 Sheet) (will be used as preliminary crossing exhibit for initial discussions with CPUC and MTS) Page 256 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 6 of 18 Preliminary landscape design plans will include plans, legends, and notes for all areas outside the existing rail bridge limits. A colored Illustrative Site Plan will also be prepared for presentation purposes. We will also prepare dimensioned concept sections to depict different interfaces of multi-use path, pedestrian and enhanced paving, and tree grates. A total of three (3) illustrative sections are included. Surveying Boundary Survey: This scope assumes a boundary survey will be completed by City forces, and linework depicting existing property information (right-of-way lines, parcel lines, easements, etc.) will be provided to the CRA team in a Civil3D drawing file following its completion. The CRA team will review, verify, and incorporate the information provided by the City into the design base files. Topographic survey will be completed at the commencement of final design (see Task 2). Right-of-Way Analysis The CRA team will prepare and complete the Preliminary Engineering Right of Way (PERW) Checklist (LAPM Exhibit 13-E) to identify potential right-of-way issues associated with this project. We will coordinate with Caltrans to identify the right-of-way impacts and to determine the appropriate right- of-way documentation required. We will conduct investigations and obtain the necessary documentation in accordance with the Caltrans Right of Way Manual and Local Assistance Procedures Manual. This scope and fee assume all elements of project construction fall under Caltrans ROW Manual Section 8.10.03.00 - Permission to Enter Grantor’s Land for Construction Purposes and will not require rights of entry, temporary construction easements, or permanent acquisitions. Geotechnical Analysis and Study The CRA team will conduct investigations and prepare a geotechnical study and recommendations for the design and construction of the proposed improvements. No borings within MTS right-of-way are included. Water Quality Analysis and Study The CRA team will evaluate the storm water quality requirements in accordance with the City’s 2023 BMP Design Manual to determine the applicable storm water quality requirements for the project. The CRA team will then complete the City’s Storm Water Intake Form to determine the project’s classification. It is assumed that the project will be determined to be Priority Development Project (PDP) Exempt. Drainage Analysis and Study The CRA team will review, verify, and update, the preliminary study conducted by a previous consultant. We will analyze the hydrology and hydraulic impacts as a result of the proposed improvements. Existing drainage pipes and inlets will be replaced with equivalent sized facilities to provide the equivalent conveyance capacity. We will review the offsite run-on from adjacent watersheds based on the 2004 City of Chula Vista Drainage Master Plan and will summarize findings from the prior analysis. Onsite facilities will not be upsized to Page 257 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 7 of 18 accommodate offsite run-on. If findings indicate onsite facilities are inadequate for collecting and conveying offsite run-on, the desired improvements will be discussed with the City. Additional analysis and design work can be provided under a separate scope and fee. Rail Bridge Conversion As described in the F Street Promenade Streetscape Master Plan, the City has made a preliminary agreement with MTS to take over maintenance responsibilities of the existing unused rail bridge over I-5 parallel to the F Street bridge and make improvements to convert it for use as a pedestrian bridge. Prior to the commencement of preliminary landscape, wayfinding / monumentation, or civil / structural design of the bridge, the CRA team will complete the structural analysis described below. If the analysis results indicate that the bridge is not structurally fit for pedestrian use, further design of bridge improvements will be removed from the project and deferred to a future date. Structural Analysis The CRA team will review preliminary data, including as-builts and bridge inspection report(s) for the existing F Street Overhead railroad bridge. If a bridge inspection has not been conducted on the existing F Street Overhead bridge, the Consultant can provide inspection as an additional service. It is assumed that as-builts of the existing bridge and Caltrans Bridge Inspection Reports will be available and provided by Caltrans. It is assumed that the bridge will not need to be structurally retrofitted but will require railing and fencing upgrades compliant with current Caltrans and FHWA requirements. This assumption will be confirmed during final design. OPTIONAL: Landscape and Irrigation Plan – Bridge (pending results of structural analysis) Preliminary landscape design plans for the converted rail bridge will include plans, legends, and notes. A colored Illustrative Site Plan will also be prepared for presentation purposes. OPTIONAL: Schematic Wayfinding / Monumentation Plan – Bridge (pending results of structural analysis) One schematic plan view sheet will be prepared for the converted rail bridge including sign / monument locations, orientation, and messaging. Structural foundation plans and details will be determined during final design. Traffic Analysis and Study CRA will prepare a Traffic Operations Analysis Report to evaluate existing and potential future traffic operations at the intersection of Bay Boulevard & F Street. The analysis will assess existing conditions and potential future traffic volumes to compare traffic signal and roundabout operations. The task will include the following components: Existing Conditions Assessment Documentation of context, including roadway geometry, lane configurations, access, multimodal conditions, and surrounding land uses. Page 258 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 8 of 18 Review of existing traffic control and operational characteristics. Intersection operations analysis under existing conditions, including Level of Service (LOS), control delay, and queueing. Micro-simulation analysis using a Vissim model calibrated to existing conditions in accordance with FHWA guidelines. Traffic Control Alternatives Analysis CRA will evaluate and compare three traffic control alternatives at the intersections of Bay Boulevard & F Street and Woodlawn Avenue & F Street, including existing conditions as the baseline: All-Way Stop Control (AWSC) Roundabout Traffic Signal For each alternative, the analysis will include: Concept-level operational evaluation of intersection performance (LOS, delay, and queueing). Micro-simulation analysis utilizing the calibrated Vissim model developed for the existing conditions assessment. Identification of operational advantages, constraints, and implementation considerations. Qualitative discussion of safety, efficiency, and compatibility with corridor and promenade goals. Traffic volume projections and analysis of years 2035 and 2050. The alternatives analysis will be conducted at a planning level and will not include final design or construction plans. Technical Report Preparation of a Traffic Operations Analysis Report summarizing: o Methodology and assumptions o Existing conditions findings o Traffic control alternatives evaluation o Key observations and recommendations Preliminary Opinion of Probable Construction Cost (OPCC) CRA will prepare a preliminary OPCC on the City’s template, based on the preliminary plan quantity takeoffs and current unit prices (from readily available recent bid results). The preliminary OPCC will identify design items, unit prices, contingencies, and an overall construction cost. Task 1.4 – Community Engagement Public Outreach Plan: The CRA team will propose a public outreach plan that provides a strategy to inform the community of any project scope changes, provide regular updates, and offer channels for participation and feedback. It will also include a schedule to accomplish the community engagement tasks, requirements and details for outreach events, and collateral and project materials that will be produced throughout project development and construction. Outreach Portal / Response Documentation: Our team will provide a hosted two-way communication portal for public input and response. We will document the public feedback and response thereto. Strategies may Page 259 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 9 of 18 include providing content for a project website, hard copy mailings, social media posts, etc. Work for this subtask will occur throughout the PA&ED and PS&E phases. Outreach Collateral: The public outreach plan will include multiple methods of communication to ensure participation from stakeholders, including multilingual outreach materials and interpreters for non-English speakers, as needed. All communication will also be ADA compliant and provide accessible venues and pathways, offer materials in alternate formats, and use communication aids, as needed, to ensure that all individuals can fully participate. Work for this subtask will occur throughout the PA&ED and PS&E phases. Public outreach materials will be submitted to the City of Chula Vista for approval before its release. The City will assist with mailings (if any) and placing materials on the City’s website. Outreach Events: The CRA team will develop materials, facilitate, provide bilingual interpretation, and document two in-person public outreach events. One of these events will occur in the PA&ED phase, while the other will occur during PS&E. Task 1.5 – Project Coordination and Meetings Agency Coordination The CRA team will assist the City in coordinating the project with the following local and state agencies during preliminary engineering: Caltrans Department of Local Assistance (DLA), Caltrans Structures and Design, California Public Utilities Commission (CPUC), San Diego Metropolitan Transit System (MTS), and utility owners. Our team will attend up to 12 meetings with these agencies and provide meeting agendas, minutes, action items, documents, and exhibits as needed. Additional time is included for email and phone communication between meetings. Project Status Meetings The CRA Project Manager (PM) will participate in regular meetings with the City PM to communicate project task status and discuss any issues requiring City or stakeholder status. Occasional participation by the CRA engineering manager is anticipated for resolution of technical details. These meetings are expected to last no more than 30-45 minutes and recur biweekly throughout the PA&ED phase. PDT Meetings The CRA team will participate in bi-monthly PDT meetings throughout this phase of the project (assume 3 meetings). These meetings will cover both Environmental Services and Preliminary Engineering performed under this task. Task 1.6 – Quality Assurance/Quality Control During the PA&ED phase, CRA will implement a formal Quality Assurance / Quality Control (QA/QC) program for the work performed under this contract. The QA/QC program will specify independent technical reviews of deliverables prior to submittal. Reviews shall verify technical accuracy, internal consistency, compliance with applicable standards, and adherence to project objectives and federal documentation requirements. CRA’s QA/QC Manager will be responsible for establishing review procedures, assigning qualified reviewers, documenting comments and resolutions, and certifying that each submittal has undergone full QA/QC review. The QA/QC process will include discipline-level checks, cross-discipline coordination reviews, and final sign-off by the QA/QC Manager prior to each milestone. Page 260 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 10 of 18 Task 1 Deliverables: Meeting agendas (.pdf) Meeting minutes (.pdf) PES form (.pdf) Technical study reports (.pdf) CEQA NOE (.pdf) CDP support materials (.pdf) Preliminary Plans (.pdf) Preliminary OPCC (.pdf) Storm Water Intake Form (.pdf) All electronic submittals will include the source file (Word, Excel, AutoCAD-Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate. Task 2: Final Design (PS&E) Task 2.1 – Final Engineering Design Revised design plans technical reports will be submitted for formal review and comments at the 60% and 90% design stages. The 60% and 90% plans and comment logs will be submitted electronically prior to the 100% submittal. Once comments have been addressed, we will proceed with the final signed plan set submittal. Site Observation The CRA team will visit the site on up to two (2) occasions during the PS&E phase to observe the existing conditions within the project area. Coastal Development Permit The western extent of the project corridor, west of Interstate 5, is located within the Coastal Zone and thus, the project is subject to the California Coast Act and the City’s Local Coastal Program, pursuant to the Bayfront Specific Plan and Chula Vista Municipal Code Section 19.82. We will provide support services in preparing required materials for the Coastal Development Permit (CDP), including drafting the application, preparing a memo justifying an exception to the application checklist’s requirements for technical studies noise, air quality, etc.), and participating in meetings and coordination with the City. OPTIONAL: Environmental / Technical Studies Supporting CDP If the City determines the project is not eligible for an exception to the CDP requirements for technical studies, the CRA team will perform quantitative environmental studies as directed by the City. This scope assumes these studies will be limited to noise / acoustical and air quality / greenhouse gas emissions, Topographic Survey The CRA team will review the existing ground information provided by the City. This scope assumes that a topographic survey of the full project footprint will be required, including the following: Horizontal and Vertical Survey Control: Consultant shall find and transfer horizontal and vertical control to the project acceptable to the City of Chula Vista. Horizontal and vertical survey control Page 261 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 11 of 18 points set shall be made available to the client and will be maintained and utilized throughout the duration of the contract. Field Survey: Consultant shall perform a topographic survey of the project area. Topographic survey shall include cross-sections at 25’ intervals and locations of above ground hardscape and utilities. Inverts of sewer and storm drain shall be measured from top of rim and added to the final deliverable. Topographic survey shall be drawn at 20-scale unless otherwise directed. Wayfinding Concepts Team members Graphic Solutions and Jane Wheeler will prepare and submit up to three (3) color wayfinding monumentation concepts / themes consistent with community input for City review. This task includes two meetings with City staff. Construction Plans Based on the preliminary engineering plans and technical reports, the CRA team will prepare 60%, 90%, and 100% construction plans. The construction plans will include the following sheets: Title Sheet (1 Sheet) Demolition Plan (1”=20’, 5 Sheets) (Non-bridge) Details and Typical Sections (3 Sheets) (Non-bridge) Roadway / Bikeway / Roundabout Improvement Plan (1”=20’, 5 Sheets) (Non-bridge) Roadway Profile (1”=20’, 6 Sheets) (Non-bridge) Precise Grading Plan (1”=10’, 7 Sheets (Non-bridge)) Storm Drain Plan, Profile, Details (1”=20’, 6 Sheets) Utility Plans (1”=40’, 3 sheets) Structural Details (foundations for monumentation, traffic signal, and lighting standards) (3 sheets) Non-bridge) Signage and Striping Plan (1”=40’, 3 Sheets) (Non-bridge) Landscape Plan and Irrigation Plan and Details (1”=20’, 12 Sheets) (Non-bridge) Lighting and Electrical Plans (1”=40’, 2 Sheets) (Non-bridge) Traffic Signal Plans (1”=20’, 1 Sheets) Wayfinding and Monumentation (1”=20’, 5 Sheets) (Non-bridge) Grade Crossing Plan (1”=20’, 1 Sheets) Traffic Control Plans (1”=40’, 9 Sheets) Striping Plans:Line details shall be to scale and follow details from Chapter 3 of the current version of the CA MUTCD and Caltrans Standard Drawings. Lighting and Electrical Plans: Preparation will be in accordance with City of Chula Vista lighting standards and include a photometric study. OPTIONAL: Fiber Optic Splicing Plan: It is anticipated the project will design and install new fiber optic conduit along F Street between Woodlawn Ave and Broadway, and connect it to the existing fiber optic vault located at the intersection of Broadway and F Street. It is anticipated that the communication connection between the Bayshore Bikeway and Woodlawn Ave will be accomplished by a wireless interconnect system. The fiber optic improvements are intended to provide a communication pathway to the Chula Vista Bayfront and support future interconnection to a Pedestrian Hybrid Beacon (PHB) along Bayshore Bikeway Segment 6A. It is assumed that fiber optic conduits will be shown on the Lighting and Electrical and Traffic Signal Plans. Page 262 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 12 of 18 The following plan will be prepared for fiber optic interconnection: Fiber Optic Splicing Plan (No Scale, 1 Sheet) If requested, final plans shall be plotted on Mylars and wet ink signed. OPTIONAL: Construction Plans Associated with Converted Rail Bridge (Requires separate NTP from City) Should the structural analysis of the existing rail bridge indicate that the bridge is structurally fit for pedestrian use without additional retrofitting, the following plans will be prepared for improvements on and around the bridge: Demolition Plan (1”=20’, 1 Sheet) Details and Typical Sections (1 Sheet) Roadway / Bikeway / Roundabout Improvement Plan (1”=20’, 1 Sheet) Precise Grading Plan (1”=10’, 1 Sheet) Storm Drain Plan, Profile, and Details (1”=20’, 2 sheets) Structural Details (railing/fence details, foundations for monuments, traffic signal, and lighting standards) (4 sheets) Signing & Striping Plan (1”=40’, 1 sheet) Landscape and Irrigation Plans and Details (1”=20’, 2 sheets) Lighting and Electrical Plan (1”=20’, 1 sheet) Wayfinding and Monumentation Plans and Details (1”-20’, 2 sheets) OPTIONAL: Rail Bridge Rights & Obligations Reassignment and Maintenance Agreement (pending results of structural analysis) Pursuant to the steps outlined in a letter from MTS to the City, dated November 17, 2014 and attached to this scope as Attachment A, the CRA team will provide agency coordination and right-of-way support to transfer MTS’s rights and obligations related to the F Street Underpass superstructure to the City for use as a pedestrian bridge. This task includes the preparation of one 8-1/2” x 11” exhibit. OPTIONAL: Right-of-Way Acquisition (Expanded, requires separate NTP from City) If the work is determined to not be covered under Section 8.10.03.00 Permission to Enter Grantor’s Land for Construction Purposes of the Caltrans ROW Manual, the CRA team will provide the following additional acquisition support for up to ten (10) properties in accordance with the Caltrans Right of Way Manual and Local Assistance Procedures Manual. Efforts will include: Appraisals and Reports o List of qualified Appraiser to propose o Review submissions for responsiveness and recommend a preferred Appraiser o Review completed appraisal for accuracy Offers to Acquire o Prepare Offer to Acquire Letter o Prepare Offer to Purchase o Prepare Statement of Just Compensation o Prepare Summary of Appraisal Statement o Documents for City execution and delivery by Certified Mail Negotiations Page 263 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 13 of 18 o Negotiate with the Property Owner to acquire the necessary rights Relocation Assistance Utility Relocation and Railroad Coordination Possession o If negotiations are successful, prepare draft Acquisition Agreement and Easement Deed for City review, approval and execution If negotiations are unsuccessful, assist the City in preparing and commencing eminent domain action o Coordinate Escrow Post-Acquisition o Close acquisition file o Assist w/ Right-of-Way Certification o Assist w/ Post-Certification audit Geotechnical Analysis and Study: The CRA team will conduct investigations and prepare a geotechnical study and recommendations for the design and construction of the proposed improvements. The report will be submitted for review and comments at the 60%, 90%, and 100% design stages. Water Quality Analysis and Study: The CRA team will evaluate the water quality requirements per 2023 City of Chula Vista BMP Manual to determine an appropriate course of action for this project to meet said water quality requirements. We will address storm water quality by incorporating green street features into project, to the maximum extent practicable. We will update the Storm Water Intake Form and prepare a SDP SWQMP in accordance with City of Chula Vista Standards. Drainage Analysis and Study: The CRA team will analyze the hydrology and hydraulic impacts as a result of the proposed improvements. Existing drainage pipes and inlets will be replaced with equivalent sized facilities to provide the equivalent conveyance capacity. We will prepare a Drainage Report to summarize impacts to the project area. Opinion of Probable Construction Cost (OPCC) CRA will prepare an OPCC as part of each PS&E submittal. The OPCC will be presented to show the proposed bid items, quantities, unit prices, contingencies, and an overall construction cost. Technical Specifications CRA will prepare Technical Special Provisions as part of 90% and 100% PS&E submittals. The Technical Special Provisions will be prepared in Greenbook format. It is assumed the City will prepare the Upfront Special Provisions and provide a template for the Technical Special Provisions. Utility Potholing Page 264 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 14 of 18 The CRA team will conduct up to four (4) potholes to locate existing utilities between the 60% and 90% submittals. The results of the pothole exploration will be summarized in a brief technical report. It is assumed that the pothole locations will require asphalt grinding and overlay repair. Task 2.2 – Project Coordination and Meetings Agency Coordination: The CRA team will assist the City in coordinating the project with the following local and state agencies during final design: Caltrans Department of Local Assistance (DLA), California Public Utilities Commission (CPUC), San Diego Metropolitan Transit System (MTS), and utility owners. Our team will attend up to 16 meetings with these agencies and provide meeting agendas, minutes, action items, documents, and exhibits as needed. Additional time is included for email and phone communication between meetings. OPTIONAL: CPUC General Order 88-B (GO 88-B) Application Package (Pending outcome of initial CPUC / MTS grade crossing coordination) Should CPUC determine that the proposed roadway changes constitute an alteration to the existing Blue Line Trolley grade crossing under General Order 88-B, the CRA team will prepare the required application and supporting materials for review and approval by MTS and CPUC. This task includes: Scheduling, attending, and preparing minutes for a virtual diagnostic meeting with City, CPUC, and MTS staff, Scheduling, attending, and preparing minutes for a field diagnostic meeting with City, CPUC, and MTS staff, Scheduling, attending, and preparing a comment response matrix for two (2) comment resolution meetings, Additional phone and email communication with MTS and CPUC staff to address / resolve comments raised during diagnostic meetings, reach consensus on proposed crossing improvements, and obtain written concurrence for the crossing, Preparation of GO 88-B Authorization Request Form and attachments: o Updated crossing exhibit showing all existing and proposed railroad warning devices limited to pedestrian swing gates for emergency exit) o Layout and profile plans o Signing and striping plans o Construction staging and traffic control plans o Local multimodal traffic analysis output (to provide accurate forecasted volumes of pedestrians and bikes and to show that the queueing of forecasted traffic at the adjacent intersections to the east and west will not extend across the tracks). This task includes two rounds of comments and responses with MTS and CPUC and assumes no additional electrical warning devices or preemption calculations will be required. Should CPUC require the replacement of existing electrical warning devices or the addition of ped-scale electrical warning devices, a contract amendment will be needed. Page 265 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 15 of 18 Project Status Meetings The CRA Project Manager (PM) will participate in regular meetings with the City PM to communicate project task status and discuss any issues requiring City or stakeholder status. Occasional participation by the CRA engineering manager is anticipated for resolution of technical details. These meetings are expected to last no more than 30-45 minutes and recur biweekly throughout the design phase PDT Meetings The CRA team will participate in bi-monthly PDT meetings throughout this phase of the project (assume 6 meetings). Task 2.3 – Quality Assurance/Quality Control It is assumed that each submittal will be provided to the City for review and comment, that comments will be provided in a single consolidated and consistent manner, that comments will be annotative in nature and not require alteration of the design intent, and that comments received will be addressed as part of the each subsequent submittal. During the PS&E phase, CRA will implement a formal Quality Assurance / Quality Control (QA/QC) program for the work performed under this contract. The QA/QC program will specify independent technical reviews of deliverables prior to submittal. Reviews shall verify technical accuracy, internal consistency, compliance with applicable standards, and adherence to project objectives and federal documentation requirements. CRA’s QA/QC Manager will be responsible for establishing review procedures, assigning qualified reviewers, documenting comments and resolutions, and certifying that each submittal has undergone full QA/QC review. The QA/QC process will include discipline-level checks, cross-discipline coordination reviews, and final sign-off by the QA/QC Manager prior to each milestone. Task 2.4 – Bid Phase The CRA team will provide services during the bid phase as requested by the City, to the extent budgeted. The CRA team’s services may provide attendance at a pre-bid meeting, responding to requests for information (RFI)/clarifications, and assisting the City in the issuance of addenda to the bid package. Task 2 Deliverables: Meeting agendas (.pdf) Meeting minutes (.pdf) Previous redline comments and complete comments matric (.xls) Technical study reports (.pdf) Plans (.pdf) OPCC (.pdf) Technical Specifications (.pdf) Right-of-way documents (.pdf) GO 88-B (.pdf) All electronic submittals will include the source file (Word, Excel, AutoCAD-Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate. Page 266 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 16 of 18 Task 3: Construction Support Task 3.1 – Pre-Construction and Design Support during Construction Services The CRA team will assist the City during the construction phase as requested and to the extent budgeted. The CRA team’s services may provide attendance at a pre-construction meeting, responding to the Contractor’s RFIs, reviewing submittal and changes orders, performing site walks to observe the progress of the work, and attending construction meetings. Material and shop drawing submittal will be reviewed only for conformance with the information given in the Construction Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety procedures and programs. Task 3.2 – Post-Construction Services As-Builts The CRA team will revise the signed mylar plan sheets based upon field changes and revisions as provided by the City’s Construction Manager. CRA will support the City in its preparation and filing of a Certificate of Environmental Compliance. Up to four (4) hours of support have been budgeted for this task. Task 3 Deliverables : Contractor Submittal Review Full size As-Built plans certified by Registered Civil Engineer (PDF & 1 Mylar copy) Permanent BMP Construction Self-Certification Form All electronic submittals shall include the source file (Word, Excel, AutoCAD-Civil 3D 2021, etc.) and a PDF copy. Final Documents will be wet signed as appropriate. INFORMATION TO BE PROVIDED BY THE CITY The City will provide a copy or weblink for all the documents and data indicated below. Various projects, including the Bayfront redevelopment project, F Street Phase 1 Utility Undergrounding District Street Light Conversion project, etc., have taken place since previous preliminary plans and documents were completed. 1. As-Built drawings of existing grading and roadway improvements provided in PDF or similar format. 2. Dry and Wet Utility Mapping Information obtained from previous consultant provided in PDF or similar format. 3. City Engineering Estimate template in Excel spreadsheet format. 4. Relevant Technical Specifications and Special Provisions boilerplate in Word document format. 5. Bid Proposal Summary template in Word format. 6. Right-of-way and centerline mapping for project site in electronic CAD format. 7. Aerial topographic survey for project site in electronic CAD format for information only. 8. Aerial mapping in TIF format for information only. 9. Preliminary studies conducted by previous consultant for information only. 10. Preliminary plans prepared by previous consultant for information only. Page 267 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 17 of 18 The City will coordinate with all necessary utility companies during the utility review process. However, the Consultant will provide support as described in this scope of work during the utility coordination process. Page 268 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SCOPE OF WORK F STREET PROMENADE, PHASE 1 18 of 18 Additional Services Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates. Additional services we can provide include, but are not limited to, the following: Providing any other services not expressly included in this Scope of Services Grant administration Permanent acquisition support SWPPP QSD/QSP services during construction Preparation of technical studies not included in this Scope of Services Hazardous material remediation specifications, oversight, monitoring, and clearance Visual impact assessment Right-of-Way mapping Payment of any fees CCTV of pipelines Floodplain analysis Franchise utility design Reclaimed water design and permitting Building architectural design Traffic control plans for investigations performed during design Evaluation, environmental clearance, and design of additional project limits Railroad pre-emption coordination and design Railroad signaling and grade crossing warning device design Resource Agency coordination and permitting (includes U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, Coastal Commission) Pre-construction monument preservation Construction survey staking Post construction monument preservation Schedule Work will be performed as expeditiously as possible based on an agreed upon schedule. Fee Proposal CRA will perform these services outlined above on a time and materials basis, not to exceed the amounts shown on the submitted 10-H1 form. Fees will be invoiced monthly based upon hours worked and reimbursable expenses as of the invoice date. Payment schedule will follow the City’s Two-Party Agreement.. Page 269 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT G COST PROPOSAL Page 270 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CRA AirX Alyson Ardurra Clark Graphic Solutions Helix Roundabotix Schmidt TY Lin Verdantas Vista TOTAL Task 1 - PA&ED 202,329.60$ -$ 4,000.00$ 61,449.44$ 30,704.00$ 9,860.24$ 89,724.88$ 3,751.00$ 22,888.77$ 38,380.00$ 17,312.00$ 15,081.00$ 495,480.93$ Task 2 - Final Design (PS&E)475,531.19$ 20,000.00$ 29,500.00$ 105,104.31$ -$ 110,000.52$ 8,860.53$ 9,922.00$ 92,082.28$ 125,600.00$ 19,538.00$ 5,390.00$ 1,001,528.83$ Task 3 - Construction Support 50,279.18$ -$ -$ 6,197.70$ -$ 7,060.26$ 5,115.85$ -$ 16,198.17$ 23,632.00$ 3,720.00$ 15,460.50$ 127,663.66$ ODCs - PA&ED 75.00$ -$ -$ -$ 50.00$ -$ 1,705.00$ -$ 100.00$ 250.00$ 1,630.50$ -$ 3,810.50$ ODCs - PS&E 625.00$ -$ -$ -$ -$ -$ -$ -$ 700.00$ 250.00$ 39,177.00$ -$ 40,752.00$ Baseline Totals 728,839.97$ 20,000.00$ 33,500.00$ 172,751.45$ 30,754.00$ 126,921.02$ 105,406.26$ 13,673.00$ 131,969.22$ 188,112.00$ 81,377.50$ 35,931.50$ 1,669,235.92$ Task 1 - PA&ED 8,034.96$ -$ -$ -$ -$ 3,360.12$ 15,739.50$ -$ 2,728.70$ 3,140.00$ -$ -$ 33,003.28$ Task 2 - Final Design (PS&E)74,951.48$ -$ 20,000.00$ -$ 59,000.00$ 6,000.24$ -$ -$ 10,136.63$ 20,280.00$ -$ -$ 190,368.35$ Task 3 - Construction Support 13,156.94$ -$ -$ -$ -$ 7,060.26$ 2,054.88$ -$ 6,164.07$ 7,758.00$ -$ -$ 36,194.15$ ODCs 100.00$ -$ -$ -$ 95,000.00$ -$ -$ -$ -$ -$ -$ -$ 95,100.00$ Optional Totals 96,243.38$ -$ 20,000.00$ -$ 154,000.00$ 16,420.62$ 17,794.38$ -$ 19,029.40$ 31,178.00$ -$ -$ 354,665.78$ Task 1 - PA&ED 210,364.56$ -$ 4,000.00$ 61,449.44$ 30,704.00$ 13,220.36$ 105,464.38$ 3,751.00$ 25,617.47$ 41,520.00$ 17,312.00$ 15,081.00$ 528,484.21$ Task 2 - Final Design (PS&E)550,482.67$ 20,000.00$ 49,500.00$ 105,104.31$ 59,000.00$ 116,000.76$ 8,860.53$ 9,922.00$ 102,218.91$ 145,880.00$ 19,538.00$ 5,390.00$ 1,191,897.18$ Task 3 - Construction Support 63,436.12$ -$ -$ 6,197.70$ -$ 14,120.52$ 7,170.73$ -$ 22,362.24$ 31,390.00$ 3,720.00$ 15,460.50$ 163,857.81$ ODCs 800.00$ -$ -$ -$ 95,050.00$ -$ 1,705.00$ -$ 800.00$ 500.00$ 40,807.50$ -$ 139,662.50$ Baseline Totals 825,083.35$ 20,000.00$ 53,500.00$ 172,751.45$ 184,754.00$ 143,341.64$ 123,200.64$ 13,673.00$ 150,998.62$ 219,290.00$ 81,377.50$ 35,931.50$ 2,023,901.70$ PA&ED TOTAL = 532,294.71$ PS&E TOTAL = 1,327,749.18$ CON TOTAL = 163,857.81$ OPTIONAL SCOPE BASELINE SCOPE F Street Promenade Ph 1 - Final Design Summary of Proposed Fee May 5, 2026 COMBINED SCOPE Page 271 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Principal Senior Engineer 3 Senior Engineer 2 Senior Engineer 1 Assoc Engineer 2 Assoc Engineer 1 Engineer 3 Engineer 2 Engineer 1 Project Controls 379.29$ 303.44$ 288.26$ 242.75$ 212.40$ 197.23$ 182.06$ 160.82$ 145.65$ 166.89$ HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS 116 139 64 90 26 95 40 140 140 8 Task 1 Fee Total 43,998.08$ 42,177.47$ 18,448.85$ 21,847.32$ 5,522.52$ 18,737.11$ 7,282.44$ 22,514.88$ 20,390.83$ 1,335.11$ 202,329.60$ -$ $4,000.00 $61,449.44 $30,704.00 $9,860.24 $89,724.88 $3,751.00 $22,888.77 $38,380.00 $17,312.00 $15,081.00 495,480.93$ 1.1 Preliminary Services Kick-off Meeting 4 6 2 4 4,885.30$ 343.00$ 360.00$ 1,797.33$ 363.00$ 1,258.59$ 1,168.00$ 924.00$ 11,099.22$ Site Visits 4 4 4 2,767.33$ 1,376.05$ 1,184.00$ 1,400.02$ 1,015.61$ 484.00$ 1,752.00$ 1,848.00$ 11,827.01$ Existing Conditions / Project Path Assessment Memo 4 8 4 16 8 9,418.62$ 9,418.62$ 1.2 Environmental Services 14,048.98$ NEPA Categorical Exclusion 2 1 2 1,456.49$ 715.84$ 2,172.33$ Preliminary Environment Study (PES) Form 1 2 2 1,380.63$ 8,356.07$ 9,736.70$ Historic Property Survey Report/Archaeological Survey Report 2 1 2 1,456.49$ 23,749.27$ 25,205.76$ Historic Resources Evaluation Report 1 2 2 1,380.63$ 15,154.51$ 16,535.14$ Community Impact Assessment 2 2 2 1,759.92$ 12,623.53$ 14,383.45$ Tribal Consultation Support 2 758.59$ 6,500.00$ 7,258.59$ CEQA Exemption 2 2 2 1,759.92$ 1,281.21$ 3,041.13$ Environmental Studies (ISA)2 2 2 1,759.92$ 14,422.00$ 16,181.92$ Environmental Studies and Clearance 2 758.59$ 8,767.00$ 9,525.59$ Design Team Meetings -$ 924.00$ 924.00$ 1.3 Preliminary Engineering Data Collection 4 4 4 8 20 7,950.00$ 3,853.94$ 5,297.00$ 484.00$ 1,207.96$ 18,792.90$ Plan Preparation Title Sheet 2 2 4 1,553.59$ 1,553.59$ Demo Plans - Non-bridge 2 5 5 4 12 5,197.84$ 5,197.84$ Details and Typical Sections 6 4 4 4 16 6,432.82$ 6,432.82$ Roadway / Bikeway / Roundabout 2 16 8 6 12 20 32 19,438.05$ 1,936.00$ 21,374.05$ Drainage / Water Quality - Non-bridge 2 2 2 1,850.95$ 7,888.00$ 9,738.95$ Utilities 2 2 2 2 2,245.42$ 4,573.92$ 6,819.34$ Landscape / Irrigation - Non-bridge 2 2 1,335.11$ 11,361.16$ 12,696.27$ Schematic Wayfinding / Monumentation - Non-bridge 2 2 1,335.11$ 5,000.20$ 6,335.31$ Grade Crossing 4 4 8 4 16 7,488.78$ 7,488.78$ Survey Boundary Survey (review / incorporation of City data)2 2 4 1,850.95$ 4,000.00$ 5,850.95$ Right-of-way Analysis 2 2 2 2 2,245.42$ 20,685.00$ 22,930.42$ Geotechnical Analysis and Study 2 2 2 1,759.92$ 2,890.00$ 4,649.92$ Water Quality Analysis / Stormwater Intake Form 2 2 1,092.37$ 3,312.00$ 4,404.37$ Drainage Analysis and Study 2 2 2 1,850.95$ 5,064.00$ 6,914.95$ Traffic Analysis and Study 3 10 30 40 100 34,819.17$ 34,819.17$ Summary of Quantities and Engineer's Estimate 2 4 2 6 8 16 7,258.17$ 3,613.44$ 700.01$ 1,752.00$ 13,323.62$ Design Team Meetings 8 8 8 7,039.69$ 2,435.74$ 1,715.00$ 720.00$ 484.00$ 2,833.55$ 15,227.98$ Rail Bridge Conversion -$ Structural Analysis 4 2 2,124.05$ 6,520.00$ 8,644.05$ 1.4 Community Engagement Public Outreach Plan 2 2 2 1,729.58$ 19,763.62$ 21,493.20$ Outreach Portal / Response Documentation 1 242.75$ 5,502.01$ 5,744.76$ Outreach Collateral 1 1 546.18$ 5,502.01$ 860.02$ 2,233.19$ 9,141.40$ Outreach Events 4 4 4 4 4 5,134.12$ 5,119.53$ 986.71$ 11,240.36$ 1.5 Project Coordination and Meetings Agency Coordination 20 28 12 8 12 22,866.86$ 3,801.95$ 1,500.00$ Project Status Meetings 5 3 2,624.71$ 3,801.95$ 1,500.00$ PDT Meetings 12 12 12 12 14,564.88$ 2,105.28$ 540.00$ 4,482.53$ 2,517.19$ 2,628.00$ 26,837.88$ 1.6 Quality Assurance/Quality Control (QA/QC) 12 8 8 8 10,134.73$ 1,480.00$ 279.99$ 490.42$ 5,296.00$ 2,618.00$ 20,299.14$ Task 1 Expenses 75.00$ -$ -$ -$ 50.00$ -$ 1,705.00$ -$ 100.00$ 250.00$ 1,630.50$ -$ 3,810.50$ ODC - PA&ED 50.00$ 1,705.00$ 100.00$ 250.00$ 1,630.50$ 3,735.50$ Mileage 75.00$ 75.00$ Reproduction -$ -$ Mylars -$ -$ 172 265 190 229 243 405 0 239 313 24 Task 2 Fee Total 65,238.53$ 80,410.28$ 54,770.02$ 55,589.29$ 51,614.29$ 79,879.26$ -$ 38,436.11$ 45,588.07$ 4,005.34$ 475,531.19$ 20,000.00$ 29,500.00$ 105,104.31$ -$ 110,000.52$ 8,860.53$ 9,922.00$ 92,082.28$ 125,600.00$ 19,538.00$ 5,390.00$ 1,001,528.83$ 2.1 Final Engineering Design Coastal Development Permit (AQ and Noise Studies)4 2 2 2 3,004.01$ 8,860.53$ 11,864.54$ Wayfinding / Monumentation Concepts 4 2 2,093.70$ 8,040.30$ 10,134.00$ Plan Preparation Title Sheet 2 2 2 8 8 4,685.04$ 4,685.04$ Demo Plans 2 6 6 16 28 22 20 19,680.79$ 19,680.79$ Details and Typical Sections 4 6 6 10 16 12 12 14,024.77$ 14,024.77$ Roadway / Bikeway / Roundabout 2 12 20 35 45 32 45 38,175.16$ 8,712.00$ 46,887.16$ Plan and Profile 2 12 24 40 40 32 32 37,510.63$ 37,510.63$ Precise Grading 2 12 24 40 40 60 40 40 53,616.96$ 53,616.96$ Traffic Signal / Lighting 2 20 20 50 16 43 34 37,325.54$ 37,325.54$ Signing / Striping 16 32 20 42 30 26,720.49$ 26,720.49$ Structures 2 8 8 8 7,434.16$ 24,000.00$ 31,434.16$ Drainage / Water Quality 2 6 6 4 4,824.62$ 32,000.00$ 36,824.62$ Utilities 2 8 8 8 6,705.91$ 6,978.65$ 13,684.56$ Landscape / Irrigation 2 8 8 8 6,705.91$ 53,467.99$ 60,173.90$ Wayfinding / Monumentation 2 8 8 8 6,705.91$ 82,500.00$ 89,205.91$ Grade Crossing 6 12 10 8 16 20 15,930.34$ 15,930.34$ Traffic Control 2 4 4 16 5,152.33$ 26,176.56$ 31,328.89$ Survey Topographic Survey (Full project footprint)4 2 4 2 2,718.78$ 27,000.00$ 29,718.78$ Geotechnical Analysis and Study 2 4 4 4 3,732.25$ 19,538.00$ 23,270.25$ Water Quality Analysis and Std SWQMP 2 2 2 1,850.95$ 13,500.00$ 15,350.95$ Drainage Analysis and Study 2 6 6 4,035.69$ 14,000.00$ 18,035.69$ Summary of Quantities and Engineer's Estimate 4 6 4 8 24 24 14,661.98$ 7,134.68$ 2,360.08$ 5,349.16$ 8,500.00$ 38,005.90$ Technical Specifications 8 8 12 4 4 12 8 8 15,560.15$ 5,501.92$ 2,720.08$ 3,570.54$ 9,000.00$ 3,542.00$ 39,894.69$ Utility Potholing 2 4 4 4 3,732.25$ 20,000.00$ 2,500.00$ 26,232.25$ Community Engagement Outreach Portal / Response Documentation 2 485.50$ 10,263.96$ 10,749.46$ Outreach Collateral 1 1 546.18$ 10,263.96$ 860.02$ 2,496.17$ 14,166.33$ Outreach Events 4 4 4 8 8 6,566.33$ 9,881.49$ 986.71$ 17,434.53$ 2.2 Project Coordination and Meetings Agency Coordination 20 20 16 16 4 28 28,522.89$ 7,577.85$ 36,100.74$ Project Status Meetings 28 10 13,047.71$ 13,047.71$ PDT Meetings 20 20 20 20 24 29,008.39$ 4,871.48$ 4,200.06$ 4,977.59$ 4,200.00$ 924.00$ 48,181.52$ 2.3 Quality Assurance/Quality Control (QA/QC) Report 30 40 20 20 24 38,141.78$ 9,053.76$ 1,119.98$ 1,210.00$ 16,458.34$ 9,500.00$ 75,483.86$ 2.4 Bid Phase Plan/Specification Revisions 2 4 4 12 8 16 9,946.60$ 4,400.00$ 8,200.00$ 2,387.89$ 7,400.00$ 32,334.49$ Reply to RFIs 4 12 2 4 6 6 8,763.20$ 3,000.00$ 2,387.89$ 3,500.00$ 924.00$ 18,575.09$ Bid Review / Evaluation 2 4 4 4 3,914.31$ 3,914.31$ VistaAlysonArdurraClarkGraphicSolutionsAirX Task 1 - Environmental Analysis and Clearance (PA&ED) and Prelim Engineering Task 2 - Final Design (PS&E) TOTAL COST ($)Helix Roundabotix Schmidt TY Lin Verdantas Title/Role CRA COST ($) Rate ($) CRA FEE PROPOSAL SCHEDULE: F Street Promenade Ph 1 - Final Design April 22, 2026 BASE COST Page 272 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Principal Senior Engineer 3 Senior Engineer 2 Senior Engineer 1 Assoc Engineer 2 Assoc Engineer 1 Engineer 3 Engineer 2 Engineer 1 Project Controls 379.29$ 303.44$ 288.26$ 242.75$ 212.40$ 197.23$ 182.06$ 160.82$ 145.65$ 166.89$ HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS 23.5 21 29 23 5 75.5 0 0 35 0 Task 3 Fee Total 8,913.40$ 6,372.14$ 8,359.63$ 5,583.20$ 1,062.02$ 14,891.07$ -$ -$ 5,097.71$ -$ 50,279.18$ $0.00 -$ 6,197.70$ -$ 7,060.26$ 5,115.85$ -$ 16,198.17$ 23,632.00$ 3,720.00$ 15,460.50$ 127,663.65$ 3.1 Pre-Construction and DSDC Services 3,720.00$ 3,720.00$ Pre-Con Meeting 2 4 4 4 3,914.31$ 1,045.60$ 4,959.91$ DSDC (RFI responses, plan updates, field visits) RFI Responses 5 5 5 6 12 8,678.24$ 1,376.05$ 1,860.06$ 8,458.43$ 6,232.00$ 924.00$ 27,528.78$ Plan Revisions 5 6 6 12 20 16 14,634.67$ 2,400.00$ 2,140.11$ 8,500.00$ 27,674.78$ Field Visits 3 3 3 3 3 3,941.62$ 1,376.05$ 5,330.71$ 10,648.38$ Biweekly Construction Meetings 6 6 24 8,738.93$ 8,738.93$ Environmental Oversight (Envir. Commitments, Permits)0.5 1 0.5 591.70$ 2,846.58$ 11,825.00$ 15,263.28$ 3.2 Post-Construction Services As-Builts 1 1 5 5 5 9 16 8,505.28$ 2,409.03$ 6,000.00$ 16,914.31$ Permanent BMP Construction Self-Certification Form 0.5 189.65$ 2,900.00$ 3,089.65$ Environmental Closeout 0.5 1 3 1,084.78$ 3,060.09$ 2,269.27$ 2,711.50$ 9,125.64$ Tasks 2 & 3 Expenses 625.00$ -$ -$ -$ -$ -$ -$ -$ 700.00$ 250.00$ 39,177.00$ -$ 40,752.00$ ODC - PS&E / CON 700.00$ 250.00$ 39,177.00$ 40,127.00$ Mileage 225.00$ 225.00$ Reproduction 100.00$ 100.00$ Mylars 300.00$ 300.00$ 728,840$ 20,000.00$ 33,500.00$ 172,751.45$ 30,754.00$ 126,921.02$ 105,406.26$ 13,673.00$ 131,969.22$ 188,112.00$ 81,377.50$ 35,931.50$ 1,669,236$ 6 11 0 1 2 4 0 6 0 0 Optional Task 1 Total 2,275.76$ 3,337.79$ -$ 242.75$ 424.81$ 788.93$ -$ 964.92$ -$ -$ 8,034.96$ -$ -$ -$ -$ 3,360.12$ 15,739.50$ -$ 2,728.70$ 3,140.00$ -$ -$ 33,003.28$ 1.2 Environmental Services -$ Section 4(f) Evaluation - De Minimis 2 2 2 1,759.92$ 9,970.42$ 11,730.34$ Finding of Effect Document 2 1 5,769.08$ 1.3 Preliminary Engineering Rail Bridge Conversion -$ Demo Plans - Bridge 2 1 2 2 1,596.07$ 1,596.07$ Drainage / Water Quality - Bridge 1 2 2 1,307.80$ 3,140.00$ 4,447.80$ Landscape / Irrigation - Bridge 2 2 928.51$ 2,728.70$ 3,657.21$ Schematic Wayfinding / Monumentation - Bridge 1 2 2 1,380.63$ 3,360.12$ 4,740.75$ 40 42 28 26 23 23 46 48 49 0 Optional Task 2 Total 15,171.75$ 12,744.27$ 8,071.37$ 6,311.45$ 4,885.30$ 4,536.35$ 8,374.81$ 7,719.39$ 7,136.79$ -$ 74,951.48$ -$ 20,000.00$ -$ 59,000.00$ 6,000.24$ -$ -$ 10,136.63$ 20,280.00$ -$ -$ 190,368.35$ 2.1 Final Design (PS&E) Coastal Development Permit (AQ and Noise Studies)2 2 1,365.46$ 14,204.01$ 15,569.47$ Fiber Optic Plans 1 1 4 5 5 8 5 5,716.72$ 5,716.72$ Rail Bridge Conversion -$ Demo Plans - Bridge 1 2 2 4 8 3,547.16$ 3,547.16$ Roadway / Bikeway / Roundabout Improvement Plans - Bridge 2 2 8 12 5,237.29$ 5,237.29$ Precise Grading Plan - Bridge 1 2 8 12 4,615.25$ 4,615.25$ Drainage / Water Quality Plans - Bridge 1 2 2 1,562.69$ 6,280.00$ 7,842.69$ Structural Details (Fencing/Railing, Monument / Lighting Foundations) - Bridge 2 2 4 2,336.45$ 14,000.00$ 16,336.45$ Signing & Striping Plan - Bridge 1 2 4 1,714.41$ 1,714.41$ Landscape / Irrigation Plans - Bridge 2 2 1,365.46$ 10,136.63$ 11,502.09$ Lighting & Electrical Plans - Bridge 1 1 4 10 10 8 4 7,619.25$ 7,619.25$ Wayfinding & Monumentation Plans - Bridge 2 2 1,365.46$ 6,000.24$ 7,365.70$ Rail Bridge Rights & Obligations Reassignment and Maintenance Agreement 4 2 2 10 3,914.31$ 7,000.00$ Right-of-Way Acquisition 2 4 4 4 3,732.25$ 20,000.00$ 52,000.00$ 75,732.25$ 2.2 Project Coordination and Meetings GO 88-B Application Package 20 20 24 40 30 32,224.80$ 32,224.80$ 5.5 7 5 7 1 19.5 0 0 12 0 Optional Task 3 Fee Total 2,086.12$ 2,124.05$ 1,441.32$ 1,699.24$ 212.40$ 3,846.04$ -$ -$ 1,747.79$ -$ 13,156.94$ $0.00 -$ -$ -$ 7,060.26$ 2,054.88$ -$ 6,164.07$ 7,758.00$ -$ -$ 36,194.15$ 3.1 Pre-Construction and DSDC Services -$ DSDC (RFI responses, plan updates, field visits) RFI Responses 1 1 1 2 4 2,245.42$ 1,860.06$ 3,021.21$ 1,412.00$ 8,538.69$ Plan Revisions 1 2 2 4 6 6 4,590.97$ 2,140.11$ 3,524.00$ 10,255.08$ Field Visits 1 1 1 1 1 1,313.87$ 2,052.86$ 3,366.73$ Biweekly Construction Meetings 4 788.93$ 788.93$ Environmental Oversight (Envir. Commitments, Permits)0.5 1 0.5 591.70$ 1,027.44$ 1,619.14$ 3.2 Post-Construction Services As-Builts 1 1 1 1 1 3 5 2,746.09$ 1,090.00$ 1,970.00$ 5,806.09$ Permanent BMP Construction Self-Certification Form 0.5 189.65$ 852.00$ 1,041.65$ Environmental Closeout 0.5 1 1 690.31$ 3,060.09$ 1,027.44$ 4,777.84$ Optional Tasks ODCs 100.00$ -$ -$ -$ 95,000.00$ -$ -$ -$ -$ -$ -$ -$ 95,100.00$ ODC -$ Mileage 100.00$ 100.00$ PTRs, appraisals, review appraisals -$ 95,000.00$ 95,000.00$ 96,243$ -$ 20,000.00$ -$ 154,000.00$ 16,420.62$ 17,794.38$ -$ 19,029.40$ 31,178.00$ -$ -$ 354,666$ Vista Title/Role CRA COST ($) Task 3 - Construction Support Optional Task 1 - PA & ED CRA Total TOTAL COST ($) Rate ($) Helix Roundabotix Schmidt TY LinVerdantasAirXAlysonArdurraClarkGraphicSolutions CRA Total OPTIONAL TASKS Optional Task 2 - Final Engineering (PS&E) Optional Task ODCs Optional Task 3 - Construction Support Page 273 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Agreement No.: 2026-214 Service Provider Name: Chen Ryan Associates, Inc. Rev. 1.20.2026 EXHIBIT H CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 10-R Page 274 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 1 of 39 Office Bulletin #25-07 R3 Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE For Local Assistance Federal-Aid Projects) NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE, EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT. THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF. THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL. Note: italic text within brackets throughout the Articles is intended for instructional purposes only] TABLE OF CONTENTS Page ARTICLE I INTRODUCTION ................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS .................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS ............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 20 ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE .................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ................................................. 22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29 Page 275 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 2 of 39 Office Bulletin #25-07 R3 ARTICLE XXII CONTINGENT FEE ..................................................................................................... 30 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ........................................................................................... 30 ARTICLE XXV SAFETY ...................................................................................................................... 31 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............ 32 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .................................... 33 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXI TITLE VI ASSURANCES ........................................................................................... 34 ARTICLE XXXII NOTIFICATION ......................................................................................................... 38 ARTICLE XXXIII CONTRACT ............................................................................................................. 39 ARTICLE XXXIV SIGNATURES ......................................................................................................... 39 Page 276 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 3 of 39 Office Bulletin #25-07 R3 ARTICLE I INTRODUCTION A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the “CONSULTANT” is as follows: NAME OF CONSULTANT) Incorporated in the State of (NAME OF STATE) The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows: NAME) The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence. C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT. D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY. E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished. F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against LOCAL AGNECY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT. Page 277 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 4 of 39 Office Bulletin #25-07 R3 G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY. H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT. I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II CONSULTANT’S REPORTS OR MEETINGS Choose either Option 1 or Option 2] Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT. Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE III STATEMENT OF WORK Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent Page 278 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 5 of 39 Office Bulletin #25-07 R3 uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included. Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number. Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.] C. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.] D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Site Visits, Inspection of Work This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee. G. Checking Shop Drawings For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services. I. Documentation and Schedules AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives. Page 279 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 6 of 39 Office Bulletin #25-07 R3 J. Deliverables and Number of Copies The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies. ARTICLE IV PERFORMANCE PERIOD A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.] A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment. B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.] C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years. ARTICLE V ALLOWABLE COSTS AND PAYMENTS Choose either Option 1, 2, 3, or 4] Option 1 - Use paragraphs A through J below for Cost-Plus-Fixed Fee Agreements] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment. B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award. Page 280 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 7 of 39 Office Bulletin #25-07 R3 C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT. G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT. H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address: LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) ADDRESS) I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount). J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project]. A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Page 281 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 8 of 39 Office Bulletin #25-07 R3 Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal. C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as on- call Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.] A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order. C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. Page 282 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 9 of 39 Office Bulletin #25-07 R3 CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT. F. [Local Agency to include either (a) or (b) below; delete the other one] a) Reimbursement for transportation and subsistence costs shall not exceed State rates. b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates. G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT. J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address: NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR) ADDRESS) L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment. N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. Page 283 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 10 of 39 Office Bulletin #25-07 R3 O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders. Option 4 - Use paragraphs A through E below for lump sum agreements. A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination. C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT. D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address: LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) ADDRESS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE VI TERMINATION A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. Page 284 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 11 of 39 Office Bulletin #25-07 R3 B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY. D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. ARTICLE VIII RETENTION OF RECORD/AUDITS For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. Page 285 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 12 of 39 Office Bulletin #25-07 R3 ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT. D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. 1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI. Page 286 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 13 of 39 Office Bulletin #25-07 R3 Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three 3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions. 3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; 2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT. B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal. C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY. Page 287 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 14 of 39 Office Bulletin #25-07 R3 D. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant. E. Prompt Progress Payment CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. CONSULTANT must submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the CONSULTANT. F. Prompt Payment of Withheld Funds to Subconsultants The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants. Page 288 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 15 of 39 Office Bulletin #25-07 R3 Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants. Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non- DBE subconsultants. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant. ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following: 1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the Page 289 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 16 of 39 Office Bulletin #25-07 R3 equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY. 2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov. D. Payroll Records 1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and 1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all Page 290 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 17 of 39 Office Bulletin #25-07 R3 reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated. 5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five 5) working days, provide a notice of a change of location and address. 6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator. F. Penalty 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and 1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in Page 291 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 18 of 39 Office Bulletin #25-07 R3 violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY. Page 292 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 19 of 39 Office Bulletin #25-07 R3 G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815. H. Employment of Apprentices 1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars 30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow. B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law. C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT. D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. Page 293 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 20 of 39 Office Bulletin #25-07 R3 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING Include this article in all AGREEMENTs where federal funding will exceed $150,000 $100,000. If less than $150,000 $100,000 in federal funds will be expended on the AGREEMENT, delete this article and re-number the subsequent articles.] A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that: 1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §11102. B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any Page 294 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 21 of 39 Office Bulletin #25-07 R3 employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR 8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause. E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT. G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Page 295 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 22 of 39 Office Bulletin #25-07 R3 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three 3) years. B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant, shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://caltrans.dbesystem.com/. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner: 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." Page 296 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 23 of 39 Office Bulletin #25-07 R3 This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal. B. The goal for DBE participation for this AGREEMENT is_________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. D. Contract Assurance In accordance with 49 CFR 26.13(b): CONSULTANT, subrecipient or subconsultant, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; and/or 3) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form. Termination of DBE Subconsultants After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. Page 297 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 24 of 39 Office Bulletin #25-07 R3 2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements. 3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness. 8. Listed DBE voluntarily withdraws with written notice from the Contract. 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The LOCAL AGENCY determines other documented good cause. CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work: 1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur. 2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice. 3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include: One or more above listed justifiable reasons along with supporting documentation. CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect. The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days. Replacement of DBE Subconsultants After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment. Page 298 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 25 of 39 Office Bulletin #25-07 R3 The following procedures shall be followed to request authorization to replace a DBE firm: 1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include: a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation. b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following: Description of scope of work and cost proposal Proposed subcontract agreement and written confirmation of agreement to perform on the Contract Revised Exhibit 10-O2: Consultant Contract DBE Commitment 2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as: Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment Solicitations of DBEs for performance of work identified Correspondence with interested DBEs that may have included contract details and requirements Negotiation efforts with DBEs that reflect why an agreement was not reached If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days. F. Commitment and Utilization The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The LOCAL AGENCY shall request CONSULTANT to: 1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work Page 299 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 26 of 39 Office Bulletin #25-07 R3 3. Maintain records including: Name and business address of each 1st-tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work. If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance. Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form. In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments. G. Commercially Useful Function DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project. CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place. Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal: Subcontract agreement with the DBE Purchase orders Page 300 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 27 of 39 Office Bulletin #25-07 R3 Bills of lading Invoices Proof of payment CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work. CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF. The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work. CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as: Proof of ownership or lease and rental agreements for equipment Tax records Employee rosters Certified payroll records Inventory rosters Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE. Page 301 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 28 of 39 Office Bulletin #25-07 R3 H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days. L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to local administering agencies. For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section. ARTICLE XIX INSURANCE Choose either Option 1 or Option 2] Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations.] A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence. B. The Certificate of Insurance will provide: Page 302 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 29 of 39 Office Bulletin #25-07 R3 1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned. 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event. Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations.] CONSULTANT is not required to show evidence of general comprehensive liability insurance. ARTICLE XX FUNDING REQUIREMENTS A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds. ARTICLE XXI CHANGE IN TERMS A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator. Page 303 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 30 of 39 Office Bulletin #25-07 R3 C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator. ARTICLE XXII CONTINGENT FEE CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXIII DISPUTES Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five 45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. Choose either Option 1 or Option 2] Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal] A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and [Insert Department Head or Official], who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT. Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E] B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. ARTICLE XXIV INSPECTION OF WORK CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT. Page 304 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 31 of 39 Office Bulletin #25-07 R3 ARTICLE XXV SAFETY A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper] D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. ARTICLE XXVI OWNERSHIP OF DATA A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY. B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or limitation upon its use or dissemination by City. C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY’s sole risk. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts). Page 305 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 32 of 39 Office Bulletin #25-07 R3 E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT. C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. For PS&E contracts add paragraph F, below, to paragraphs A through E, above] F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of LOCAL AGENCY or except by court order. If Page 306 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 33 of 39 Office Bulletin #25-07 R3 CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record. ARTICLE XXXI PROMPT PAYMENT A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following: 1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. 2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request. B. PROMPT PAYMENT CERTIFICATION For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the CONSULTANT. Page 307 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 34 of 39 Office Bulletin #25-07 R3 ARTICLE XXXI TITLE VI ASSURANCES APPENDICES A - E of the TITLE VI ASSURANCES The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract. The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY. The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.] APPENDIX A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows: a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Page 308 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 35 of 39 Office Bulletin #25-07 R3 Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does Page 309 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 36 of 39 Office Bulletin #25-07 R3 hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 310 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 37 of 39 Office Bulletin #25-07 R3 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns. APPENDIX E During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); Page 311 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 38 of 39 Office Bulletin #25-07 R3 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs 70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: CONSULTANT) NAME) ,Project Manager ADDRESS) LOCAL AGENCY: LOCAL AGENCY) NAME) , Contract Administrator ADDRESS) Page 312 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language Page 39 of 39 Office Bulletin #25-07 R3 ARTICLE XXXIII CONTRACT The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES Name of LOCAL AGENCY) (Name of CONSULTANT) Signature) (Signature) Name of Signer) (Name of Signer) Date: Date: Page 313 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Agreement Amendment: Approve an Amendment to Consultant Services Agreement with I-GSD Management Inc. for Project Management/City Representative Services Report Number: 26-0235 Location: 1775 Millenia Avenue Department: City Manager G.C. § 84308 Regulations Apply: Yes Environmental Notice: The Project is adequately covered in a previously certified Final Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Millenia/Eastern Urban Center, dated September 15, 2009), and incorporated by reference in Resolution No. 2009-223 on September 15, 2009. Recommended Action Adopt a resolution approving an amendment to a consultant services agreement with I-GSD Management Inc. for project management/city representative services that 1) increases the initial contract (through September 30, 2026) amount by $53,400; and 2) exercises the one-year extension option through September 30, 2027 at $300,000, for a total not-to-exceed amount of $703,400. SUMMARY The Millenia Library Building, a 168,000 square foot Class “A” office building which will house a 60,000 square foot City library and other tenants, is currently under construction. Tenant improvements for the City library are expected to be completed in November 2026. Management of construction activities is provided through a contract with I-GSD Management Inc., approved by City Council in February 2025. To support the timely build-out of tenant improvements for tenants such as San Diego State University and Sweetwater Union High School District, construction of the City library was delayed. As a result of this schedule adjustment, along with the need for expanded project management services during construction, staff recommends amending the agreement with I-GSD Management Inc. to increase the contract’s not-to-exceed amount and expand the scope of services. Page 314 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 The additional costs will be partially offset through reimbursement of project management fees associated with non-City-funded tenant improvement projects, including Sweetwater’s Launch Virtual Academy and future tenant improvements within the café space and currently vacant upper-level spaces. 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 is adequately covered in a previously certified Final Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Millenia/Eastern Urban Center, dated September 15, 2009), and incorporated by reference in Resolution No. 2009-223. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On December 6, 2022, the City Council adopted Resolution Nos. 2022-273 through 2022-275, approving a Purchase and Sale Agreement with LMC-Millenia Investment Company (“Chesnut”) to acquire 7.06 acres of undeveloped land on Lot 7 of Millenia located at 1775 Millenia Avenue (APN 643-060-57-00); approving a Project Development Agreement with Chesnut to construct a 168,000 square foot class “A” library and office building, a 6,100 square foot amenity building, a parking structure, related site work and improvements (the “Project”). In conjunction with this action, the City Council authorized entering into a Purchase and Sale Agreement (“PSA”) with LMC-Millenia Investment Company, L.P. (Seller) and the City of Chula Vista (Buyer). The PSA obligated the City to purchase a 7.06-acre parcel (“Lot 7”) and all associated plans and construction drawings. Chesnut, the owner and developer of Lot 7, was obligated to complete improvements to the City’s specifications and provide a turnkey building to the City upon close of escrow. In exchange, the City agreed to reimburse Chesnut for certain pre-development and soft costs (approx. $3.1 million) and to pay Chesnut $11 million to acquire Lot 7. In addition, the City committed to paying Chesnut a Develo per Fee of 4% of Reimbursable Costs, excluding Land Acquisition, and a Construction Supervision Fee of 3.5% of Hard Construction Costs (capitalized terms are as defined in the PSA). To date, the City has paid Chesnut in excess of $3 million in combined Developer and Construction Supervision Fees. Due to significant budgetary shortfalls, on December 10, 2024, the City Council took action to appropriate additional funds necessary to complete buildout of the Project. This action also identified project savings that would be generated by exercising the City’s option to close escrow on Lot 7 early, to coincide with the completion of the site work, core and shell. This option is projected to generate net savings of just under $1.2 million in Developer and Construction Supervision Fees that would otherwise be payable to Chesnut for the construction of tenant improvements (TIs). Following the completion of the site work, core and shell, the City required project management/City representative services to complete construction of the Project, including construction of TIs for library, San Diego State University (SDSU), Sweetwater Union High School District (SUHSD), lower-level common areas and other tenant improvements as needed within the Project. In February 2025, the City Council approved Page 315 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 an agreement with I-GSD Management Inc. through September 30, 2026 for professional project management and City representative services with a not-to-exceed contract amount of $350,000. Prior to commencement TIs, several activities required management beyond what was contemplated in the initial agreement including pre-construction planning and coordination activities, project closeout and coordination of site work/core and shell-related work, onboarding and coordination of the property management company, and an increased level of involvement in all major construction bidding components. Construction of tenant improvement spaces began in March 2026 with priority given to SUHSD and SDSU to accommodate the start of their academic years in July and August, respectively. This schedule adjustment delayed the construction of library TIs which are now scheduled to be completed in November 2026. In addition, the project will require support related to the café tenant, expanded SUHSD scope related to storage needs as well as coordination with upper-level tenants. For these reasons, staff recommends amending the agreement with I-GSD Management Inc. to expand the scope of services to reflect actual work performed and increase contract amount by $53,400 through September 30, 2026. This increase is expected to be fully offset by reimbursement of project management fees from SUHSD, estimated at $58,164. In addition, the current agreement includes an option to extend the contract term by one year, through September 30, 2027, which will be necessary to complete the library and other TI projects. Accordingly, this amendment also establishes a not-to-exceed contract amount of $300,000 for the extension term of the agreement. With the exception of the library and other City-funded TI projects, project management fees incurred during the extension term are expected to be reimbursed by the respective tenants. 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 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 the amendment will increase the contract amount by $53,400 through September 30, 2026. The increase is expected to be fully offset by reimbursement of project management fees from SUHSD estimated at $58,164. Page 316 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 Initial Term (2/25/25 – 9/30/26) Extension No. 1 (10/1/26 – 9/30/27) Not-to-Exceed Original Agreement $350,000 - $350,000 First Amendment $53,400 - $53,400 Option to Extend - $300,000 $300,000 Total $703,400 Due to anticipated cost savings within the Project budget (GGV0267), no additional appropriation is needed. ONGOING FISCAL IMPACT The ongoing fiscal impact is anticipated to be limited to project management costs associated with close out of library TIs. The majority of costs in the extension term are expected to be offset by tenant reimbursements. ATTACHMENTS 1. First Amendment to I-GSD Management Inc. Agreement Staff Contact: Tiffany Allen, City Manager Adrianna Relph, Special Projects & Legislative Manager Page 317 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND I-GSD MANAGEMENT INC. WHEREAS, City is a party to that certain Project Development Agreement and that certain Purchase and Sale Agreement, each dated December 6, 2022, with LMC -Millenia Investment Company, L.P., addressing the construction and acquisition of the Millenia Library and Office Building located at 1775 Millenia Avenue, Chula Vista, California (the “Project”); and WHEREAS, management of construction activities is provided through a contract with I- GSD Management Inc., approved by City Council in February 2025 via Resolution 2025-024; and WHEREAS, as explained by City staff in Report 26-0235, as a result of construction schedule adjustments, along with the need for expanded project management services during construction, an amendment to the agreement with I-GSD Management Inc. to increase the contract’s not-to-exceed amount and expand the scope of services is required; and WHEREAS, additional costs will be partially offset through reimbursement of project management fees associated with non-City-funded tenant improvement projects, including Sweetwater Union High School District’s Launch Virtual Academy and future tenant improvements within the café space and currently vacant upper-level spaces; and WHEREAS, staff recommends increasing the initial contract (through September 30, 2026) amount by $53,400, and exercising the one-year extension option through September 30, 2027, at $300,000, for a total not-to-exceed amount of $703,400. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an amendment to a Consultant Services Agreement, between the City and I-GSD Management 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 same. Presented by Approved as to form by Tiffany Allen Marco A. Verdugo City Manager City Attorney Page 318 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC. FIRST AMENDMENT to Agreement between the City of Chula Vista and I-GSD MANAGEMENT INC. for PROJECT MANAGEMENT/CITY REPRESENTATIVE SERVICES This FIRST AMENDMENT (“Amendment”) is entered into effective as of July 28, 2026 (“Effective Date”) by and between the City of Chula Vista (“City”) and I-GSD MANAGEMENT INC. (“Consultant”) with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into an agreement for the provision of project management/City representative services (“Original Agreement”) for $350,000 on February 25, 2025; and WHEREAS, City and Consultant desire to amend the Original Agreement to increase the not-to-exceed compensation amount by $53,400 through September 30, 2026, to account for services beyond pre-construction planning and coordination activities, project closeout and coordination of building core and shell-related work, onboarding and coordination of the property management company, as more specifically set forth in Exhibit A, bringing the total of the Original Agreement to $403,400; and WHEREAS, the Original Agreement includes an option to extend the term through September 30, 2027, which the City elects to exercise to complete the Millenia Library Building and other tenant improvement projects as described in City Report 26-0235, in an amount not to exceed $300,000; and WHEREAS, the total amount of the Original Agreement and this Amendment is $703,400. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, titled “Amended and Restated Scope of Work and Payment Terms,” is attached here and incorporated by this reference. 2. Except as expressly provided here, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. The parties executing this First Amendment on behalf of such party are duly authorized agents with authority to do so. Page 319 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC. SIGNATURE PAGE TO FIRST AMENDMENT TO I-GSD MANAGEMENT INC. AGREEMENT FOR PROJECT MANAGEMENT/CITY REPRESENTATIVE SERVICES CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ SUSAN GUERRA PRESIDENT APPROVED AS TO FORM BY: _______________________________ Marco Verdugo City Attorney Page 320 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City of Chula Vista Amendment to Agreement No.: 2026-244 Consultant Name: I-GSD MANAGEMENT INC. EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Same as original Agreement. 2. Same as original Agreement. 3. Term: This First Amendment covers the term of the original Agreement and the exercise of the one-year option to extend, until September 30, 2027. 4. Compensation: ☒ Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein required, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts as indicated below: $300.00 per hour B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through September 30, 2026 shall not exceed one percent (1%) of hard construction costs for the Project work managed by Consultant, but in no case shall the compensation exceed $403,400. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed from October 1, 2026 through September 30, 2027 shall not exceed one percent (1%) of hard construction costs for the Project work managed by Consultant, but in no case shall the compensation exceed $300,000. Page 321 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 Draft Ex Parte Communication Purpose Principles of fundamental fairness and due process of law require that City decision- makers conduct quasi-judicial proceedings in an open, objective, and impartial manner, free from undue influence and the abuse of power and authority. Communications with parties outside of an official proceeding can lead to doubts about the fairness of the proceeding and the impartiality of the decision-makers. Establishing a policy that provides guidance and clear procedures regarding such communications promotes impartial, fair, and transparent decision-making. Statement of Policy 1. This policy applies to quasi-judicial proceedings. A quasi-judicial proceeding is a proceeding in which the decision affects the specific rights or interests of an individual or entity based on the decision makers' application of the governing law to specific facts. Quasi-judicial hearings are subject to federal and state due process, the fair hearing requirement of California Code of Civil Procedure section 1094.5, and additional requirements applicable to particular hearings. Quasi-judicial proceedings may involve land use permits, license revocations, nuisance abatements, and certain evidentiary proceedings. 2. This policy does not apply to legislative acts. A legislative act establishes a regulation or policy to be applied in all future cases and the ways and means of accomplishing it. Legislative acts include the adoption of ordinances or land use plans, such as general plans or specific plans. 3. Parties appearing before the City of Chula Vista (City) for a quasi-judicial proceeding deserve to have their issues heard in an open, transparent, and fair process. 4. Ex parte communications are substantive oral or written communications between an interested party and the decision-maker regarding a quasi-judicial proceeding which take place outside of a noticed hearing on the matter and without all the parties to that Page 322 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2 proceeding present. Ex parte communications can be written communications received by a decision-maker, conversations with a decision-maker, or independent fact­finding by a decision-maker, including site visits. 5. Ex parte communications should be avoided because they can bring into question the impartiality and fairness of the hearing process. This is especially true of Ex parte communications that suggest a decision-maker has assisted project proponents or opponents in formulating and advocating their positions. 6. For quasi-judicial proceedings involving land use decisions, independent site visits by a decision-maker may be useful for the decision-making process. In such cases, the site visit must be disclosed at the public hearing and indicate who was present and what was discussed. Site visits should not occur while a project proponent, opponent, or any other interested party is present. When an Ex parte communication occurs, information regarding the communication should be fully disclosed so that all interested parties are aware of their communication and have an opportunity to explain or rebut the information as necessary. Procedure 1. This policy shall apply to City decision-makers in any quasi-judicial proceeding including, without limitation, City Council Members and members of all boards and commissions. 2. The City Clerk in conjunction with the City Manager and the City Attorney will identify agenda items involving quasi-judicial decisions on the agenda by prominently marking the item as such. Failure to identify an item shall not be cause for a continuance. 3. The presiding officer at a public hearing involving a quasi-judicial decision will ask each member of the decision-making body to disclose any ex parte communications prior to the time for receipt of public comment. 4. Disclosure of ex parte communications may be made verbally and should include the following information as applicable: a. The type of communication, including whether any written or other materials were provided to the decision-maker; Page 323 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 3 b. When and where the communication took place; c. Who was involved in the communication with the decision-maker; and d. The substance of the information was disclosed to the decision-maker. 5. If a decision-maker received any written or other materials as part of an ex parte communication, those materials should be provided to the City Clerk's office and included in the record of the proceedings. If the materials are no longer available at the time of the hearing, the decision-maker should provide the City Clerk's office with a description of the materials received and an explanation of why they are no longer available to include in the record of the proceedings. 6. The record in a quasi-judicial proceeding may only include evidence presented during the hearing and on the record at the hearing. Ex parte contacts occurring after a public hearing is closed and before a final decision is rendered are prohibited because there is no opportunity for rebuttal. Page 324 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Item 6.1 Board of Ethics: Proposed Council Policy on Ex Parte Communications Presented By: Chair Salas and Member Gersten Chula Vista City Council Meeting Tuesday, July 28, 2026 Page 325 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda BACKGROUND •Ad-Hoc Subcommittee was created. February 15, 2023 •The Subcommittee researched, discussed, and drafted a formal policy over an extended period. •Monthly progress updates were provided at Board of Ethics meetings. 2023-2025 •Draft policy referred to the City Attorney’s Office for legal review. September 17, 2025 •Board of Ethics voted to refer the item to the City Council for review. December 17, 2025 Page 326 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda PURPOSE •Ensure fundamental fairness and due process in quasi-judicial proceedings. Promote open, objective, and impartial decision-making. Prevent undue influence and abuse of power or authority. Increase transparency and public confidence in City decision-making. Page 327 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda STATEMENT OF POLICY –SCOPE •Applies to quasi-judicial proceedings affecting specific rights or interests. Such proceedings are subject to due process and California Code of Civil Procedure §1094.5. Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings. Does not apply to legislative acts such as ordinances or land use plans. Page 328 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda STATEMENT OF POLICY –EX PARTE COMMUNICATIONS •Ex parte communications are substantive communications outside a noticed public hearing. May include written materials, conversations, independent fact-finding, or site visits. Such communications should be avoided to preserve fairness and impartiality. Communications suggesting advocacy or assistance raise significant due process concerns. Page 329 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda STATEMENT OF POLICY –SCOPE •Applies to quasi-judicial proceedings affecting specific rights or interests. Such proceedings are subject to due process and California Code of Civil Procedure §1094.5. Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings. Does not apply to legislative acts such as ordinances or land use plans. Page 330 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda STATEMENT OF POLICY –EX PARTE COMMUNICATIONS •Ex parte communications are substantive communications outside a noticed public hearing. May include written materials, conversations, independent fact-finding, or site visits. Such communications should be avoided to preserve fairness and impartiality. Communications suggesting advocacy or assistance raise significant due process concerns. Page 331 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda PROCEDURE –APPLICABILITY AND IDENTIFICATION •Applies to all City decision-makers, including City Council, boards, and commissions. City Clerk, City Manager, and City Attorney identify quasi-judicial agenda items. Agenda items will be prominently marked as quasi-judicial when applicable. Page 332 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda PROCEDURE –DISCLOSURE AND RECORDKEEPING •Presiding officer requests disclosure of ex parte communications before public comment. Disclosures may be verbal and must include type, timing, participants, and substance. Written materials must be submitted to the City Clerk for inclusion in the record. If unavailable, a description and explanation must be provided. Page 333 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda PROHIBITED COMMUNICATIONS •The record may only include evidence presented on the record during the hearing. Ex parte communications after the hearing is closed are prohibited. Post-hearing communications are not allowed due to lack of opportunity for rebuttal. Page 334 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EX PARTE COMMUNICATION POLICY QUESTIONS? Page 335 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 “Gambling” Incorporating Chula Vista Gaming Plan Provisions in Accordance with State Law Report Number: 26-0228 Location: No specific geographic location 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). Recommended Action Place an ordinance on first reading amending Chula Vista Municipal Code Chapter 5.20 “Gambling” incorporating the Chula Vista Gaming Plan as an appendix in accordance with State law (First Reading). SUMMARY Prior to enactment of the City’s Gaming Plan in 1996, cardroom operations were regulated by way of City ordinance. The ordinance was amended by the City Council on six different occasions between 1977 and 1995 for various reasons. The Gaming Plan created a structure under the City code where future changes would be adopted by resolution, thereby preserving local authority over cardroom operations. Recent conversations with the California Department of Justice’s Bureau of Gambling Control, responsible for the development of policy, regulatory oversight and enforcement of the State ’s gaming laws, have determined a need to codify the existing regulations of the City’s Gaming Plan into Chula Vista Municipal Code (“CVMC”) Chapter 5.20. This updated ordinance readopts the Gaming Plan, as amended by City Council in December 2023, as an appendix. Subsequent amendments to the Gaming Plan shall be by ordinance as permitted by State law and the City Charter. 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 Page 336 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 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 resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background Cardrooms are one of California’s oldest forms of legal gambling with operations ranging from “mom and pop” storefronts, to larger, more sophisticated establishments. Historically, card clubs were regulated by local governments. Beginning in the mid-1980s, the State gradually increased its regulatory oversight. The stated primary purpose of this increased oversight by the State was to attempt to prevent criminal activity from being associated with these businesses. In 1984, the State Legislature enacted the Gaming Registration Act, which required the Office of the Attorney General to provide uniform, minimum regulation of California card rooms. However, the scope of the Attorney General's authority was extremely limited, and funding was inadequate. Recognizing the need for broader oversight of California's gambling industry, the State Legislature enacted the Gambling Control Act in 1998 (Business and Professions Code §§ 19800-19987). The Gambling Control Act developed the California Gambling Control Commission (“CGCC”) and the Bureau of Gambling Control (“Bureau”) in the California Department of Justice. The five-member CGCC, appointed by the governor, is responsible for, among other things, setting policy, establishing regulations, making determinations of suitability for gaming employees and other individuals and entities, issuing licenses, and administering the provisions of the Gambling Control Act. The Bureau is the State law enforcement authority with special jurisdiction over gambling activities within the State. The Bureau is also the entity that receives applications and fees and conducts criminal background investigations and audits. Local governments also regulate California card clubs. Gaming interests must secure a gaming ordinance which then must be approved by the Bureau and CGCC. Local ordinances establish the hours of operation, table size and number, wagering limits and must be approved by the host jurisdiction. The regulatory activities of these agencies are mostly funded by licensing and penalty fees collected from gaming establishments. Card Rooms The State of California currently has a moratorium until 2043 on the issuance of "new" card club licenses. With a few minor exceptions, the moratorium, which was enacted in 1995, has limited the ability of local governments to amend their gaming ordinances. The State Legislature has extended the moratorium several times over the past 20 years, most recently in 2023. Page 337 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 All controlled games (pai-gow, poker, etc.) and gaming activities (jackpots, bonuses, tournaments, etc.) must be approved by the Bureau and must comply with local gaming ordinances prior to their play at a licensed gambling establishment within California. History of the Chula Vista Gaming Plan Prior to enactment of the City’s Gaming Plan in 1995, cardroom operations were regulated by way of City ordinance. The ordinance was amended by the City Council on six different occasions between 1977 and 1995 for various reasons. The City ordinance, codified in CVMC section 5.20.030, establishes the number licenses authorized for issuance as a formula based on population, at the rate of one license per 40,000 residents. At the time the ordinance was last amended in 1995, this meant Chula Vista had a total of four licenses. The ordinance also established a limit of eight tables per single license, with an additional limit of 12 tables for each consolidated license (meaning two licenses under one cardroom). The Gaming Plan concept was introduced to the City Council on November 28, 1995, because the City Attorney’s Office determined that then-pending State laws would have the effect of preempting local control by City code. By creating a structure under the City code where future changes would be adopted by resolution, the Gaming Plan preserved local Chula Vista authority over its cardroom operations. This gave the City Council the authority to adopt or make amendments to the Chula Vista Gaming Plan by resolution after a public hearing. Under this revised structure, the initial Gaming Plan was adopted in February 1996. In 1998, the Gaming Plan was amended at the request of the City Council to eliminate the issuance of additional licenses without a vote of the electorate. At that time, there were a total of four licenses issued in the City. Two were held by Chula Vista Bay Club, Inc. and two were held by Harvey Souza. In 2000, the Gaming Plan was amended again, this time to deactivate two of the outstanding four licenses and consolidate the remaining two licenses under Mr. Souza’s ownership. This was accomplished by Mr. Souza acquiring two licenses from Chula Vista Bay Club, Inc. and returning them to the City. Other updates in the 2000 action include: 1) expanding the hours of operation; 2) allowing additional game types; 3) increasing bet limits; 4) allowing alcohol service; 5) increasing license fees; 6) enhancing employee screening; and 7) allowing backline betting with enhanced security requirements. In 2009, consistent with State law changes, the maximum number of gaming tables allowed increased from 12 to 16. In 2012, again consistent with State law changes, the maximum number of gaming tables allowed increased from 16 to 18. In 2015, again consistent with State law changes, the maximum number of gaming tables allowed increased from 18 to 20. Other changes included increasing the number of tables that could operate as “Class II” or “Class IA” tables (allowing “backline” betting and other “higher stakes” games) to 15. In consideration of these changes, the Village Club Card Room, managed by Harvey Souza, agreed to increase the quarterly license fees from $5,000 to $7,100 per table. These changes, and others, were requested and granted in anticipation of the Village Card Room moving its operations from 429 Broadway to a new establishment at 271 and 285 Bay Boulevard, now known as the Seven Mile Casino. An Operating Agreement was also entered Page 338 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 into to implement the license fee increase in consideration of a five-year “vesting” of operations under then- applicable Gaming Plan regulations. In 2019, Gaming Plan was amended again, increasing the maximum number of gaming tables from 20 to 26 and increasing the number of players allowed at the 15 “backline” betting tables from 16 to 24 per table. In consideration of these changes, the quarterly license fee per table increased from $7,758 to $9,000 for fiscal year 2019-20, increasing to $9,540 for fiscal year 2020-21, including a conversion to a percentage rate formula upon the opening of a resort hotel on the Bayfront. The operator also received a five-year operating agreement with the option to extend for an additional five years upon the opening of a resort hotel on the Bayfront. In 2023, changes to State law required amendments to the City’s gaming ordinance and the Gaming Plan in order for Seven Mile Casino to realize the 2019 approval of increased tables. The amendment to the ordinance allowed Seven Mile Casino to hold more than two licenses in one location by clarifying that, upon a licensee’s acquisition of a second license, the two licenses shall be deemed consolidated. Upon acquisition of a third license, the first two licenses continue to remain consolidated, but the third license shall not be consolidated. Upon acquisition of a fourth license, the two sets of licenses shall both be deemed consolidated into two pairs. History of Village Club Card Room (now Seven Mile Casino) Ownership and Operations The Village Club Card Room operated at 429 Broadway from 1946 until 2015. Harvey Souza managed the business from 1963 to 2015. In 2015, the Village Club Card Room moved its operations to a 20 -table cardroom located at 271 and 285 Bay Boulevard. The relocated business was renamed “Seven Mile Casino”. On March 3, 2015, the City Council approved Resolution 2015-057, ratifying Chief Bejarano’s approval of Stone Chula Vista Holdings, LLC members’ “financial interests” in Village Club Card Room’s license after reviewing their applications and conducting background checks. The Stone Chula Vista Holdings, LLC members were told they would need to re-apply for approval with the Chief of Police if and when they proposed to exercise their option and obtain a direct interest in the cardroom license. In 2016, the Stones South Bay Corp. exercised its option and entered into agreements to purchase 100 percent of Seven Mile Casino from VC Inc., conditioned upon approval of the State Gambling Commission and the City. In February 2017, the City Attorney’s Office reviewed the transfer and ownership documents in connection with this transaction and found no issues of concern in its review. The Police Department reviewed and approved the Seven Mile Casino security plan, financial interests, experience and expertise to operate a cardroom in accordance with State gaming laws and approved of the transfer. On March 23, 2017, the State Gambling Commission issued a Temporary State Gambling License to Stones South Bay Corp. and approved the transfer of the interests in Seven Mile Casino from VC Inc. to Stones South Bay Corp. The State Gambling Commission’s approval was preceded by a substantial due diligence review of Stones South Bay Corp. principals including review of the various financial and ownership interests of the principals and entities involved in the transfer, and confirmation of compliance with the Business and Professions Code. Page 339 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 5 In 2019, the City Council approved a five-year operating agreement with Seven Mile Casino and in 2025, the City Council approved a one-year operating agreement with Seven Mile Casino with up to four, one-year extensions absent any changes in State law that alter their current business operations. Ordinance Update The CGCC has reviewed and approved the City’s ordinance as compliant with the Gambling Control Act 24 times between 2001 and 2023. In the latest State license renewal, the CGCC raised concerns about the City’s Gaming Ordinance and gaming plan for the first time. The City Attorney’s office prepared amendments to the City’s gaming ordinance (CVMC Chapter 5.20) addressing the concerns raised by the CGCC. These include clarifying that a gambling establishment operating under two consolidated licenses may operate a maximum of 20 tables, and that if four licenses are issued, the maximum number of tables permitted citywide shall be 40. In addition, the proposed revisions incorporate the Gaming Plan, as amended by City Council in December 2023, as an appendix to the Ordinance. The proposed amendments were submitted to the Bureau for review in compliance with Business and Professions Code section 19961.1 and in light of the restrictions and limitations contained in the Gambling Control Act. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. CVMC Chapter 5.20 – Redline version 2. Gaming Plan – Redline Version Staff Contact: Tiffany Allen, City Manager Roy Sapa’u, Deputy City Manager/Director of Development Services Adrianna Relph, Special Projects & Legislative Manager Page 340 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C:\Program Files\eSCRIBE\TEMP\20151064202\20151064202,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA READOPTING THE CHULA VISTA GAMING PLAN AS AN APPENDIX TO CHULA VISTA MUNICIPAL CODE CHAPTER 5.20 GAMBLING WHEREAS, since 1995, the City has regulated card clubs via ordinances codified in the Chula Vista Municipal Code and via its Gaming Plan, adopted and amended by Resolution; and WHEREAS, the California Gaming Control Commission has asked the City to incorporate its Gaming Plan into its ordinances; and WHEREAS, the adoption of this ordinance is not a “project” that might impact the physical environment subject to environmental review under the California Environmental Quality Act under State CEQA sections 15061(b)(3) [the “common sense” exemption], Guidelines section 15060(c) and is categorically exempt from such review under State CEQA Guidelines section 15321 [“enforcement actions by regulatory agencies”]. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code Chapter 5.20.001 is hereby amended to read as follows: 5.20.001 Gaming plan adopted by ordinance In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by ordinance after public hearing, and from time to time amend by ordinance after public hearing, a gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall contain such provisions and regulations as the City Council shall deem appropriate, including but not limited to the following: A. Types of gaming allowed; B. Hours and days of operations; C. Location of gaming; D. Auditing of gaming establishments; E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount the Council deems appropriate; F. Maximum number of players per table; Page 341 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 2 G. Bets and wagers permitted; H. Charges for gaming; I. Licensing, including number of licensees and consolidation; J. Drinking of intoxicating beverages; K. Maximum number of tables on premises; L. Every aspect of operation of gaming establishments. However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City which is not allowed by law. Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt and consideration by the Council, at a public hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly. Section II. Chula Vista Municipal Code Chapter 5.20.035 is hereby amended to read as follows: 5.20.035 Consolidation - Permitted Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council may, in their sole discretion, grant additional licenses to a Person having an interest in or holding a license to any cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said Person is a designated licensee, is presently married to an existing licensee, is the parent or child of an existing licensee, owns shares in a corporation that owns a license or has a partnership interest in a license, owns a partnership interest in a partnership that has a license or owns sh ares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. Section III. Chula Vista Municipal Code Chapter 5.20.130 is hereby amended to read as follows: Page 342 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 3 5.20.160 Maximum number of tables on premises and in the City. Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, 20 tables shall be permitted. Under 5.20.030, if four licenses were issued, the maximum number of tables allowed in the Chula Vista would be 40 tables. Section IV. Repeal Section 5.20.002 of the Chula Vista Municipal Code, entitled “All California gaming allowed subject to gaming plan” is hereby repealed. Section 5.20.006 of the Chula Vista Municipal Code, entitled “Characterization of gaming plan” is hereby repealed. Section V. Readoption of the Chula Vista Gaming Plan The Chula Vista Gaming Plan, as adopted and amended to date by resolution of the City Council of the City of Chula Vista is hereby readopted by this ordinance as an appendix to Chapter 5.20 of the Chula Vista Municipal Code and shall hereafter be amended by ordinance as permitted by state law and the City Charter. Section VI. 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 VII. 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. To the extent the provisions of the Chula Vista Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it is existed ea rlier or as the provisions of the Chula Vista Gaming Pan existed earlier, those provisions shall be construed as continuations of those earlier provisions, as not as new enactments. Section VIII. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section IX. Publication Page 343 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 4 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 Tiffany Allen Marco A. Verdugo City Manager City Attorney Page 344 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda C:\Program Files\eSCRIBE\TEMP\20173974314\20173974314,,,Attachment 1 - Ordinance-CVMC Chapter 5.20 Redline.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA READOPTING THE CHULA VISTA GAMING PLAN AS AN APPENDIX TO CHULA VISTA MUNICIPAL CODE CHAPTER 5.20 GAMBLING WHEREAS, since 1995, the City has regulated card clubs via ordinances codified in the Chula Vista Municipal Code and via its Gaming Plan, adopted and amended by Resolution; and WHEREAS, the California Gaming Control Commission has asked the City to incorporate its Gaming Plan into its ordinances; and WHEREAS, the adoption of this ordinance is not a “project” that might impact the physical environment subject to environmental review under the California Environmental Quality Act under State CEQA sections 15061(b)(3) [the “common sense” exemption], Guidelines section 15060(c) and is categorically exempt from such review under State CEQA Guidelines section 15321 [“enforcement actions by regulatory agencies”]. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code Chapter 5.20.001 is hereby amended to read as follows: 5.20.001 Gaming plan adopted by resolution ordinance In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by resolution ordinance after public hearing, and from time to time amend by resolution ordinance after public hearing, a gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall contain such provisions and regulations as the City Council shall deem appropriate, including but not limited to the following: A. Types of gaming allowed, including but not limited to card games, on-site horse and dog wagering, sports book, casino games, video gambling, etc.; B. Hours and days of operations; C. Location of gaming; D. Auditing of gaming establishments; E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount the Council deems appropriate; F. Maximum number of players per table; Page 345 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 2 G. Bets and wagers permitted; H. Charges for gaming; I. Licensing, including number of licensees and consolidation; J. Drinking of intoxicating beverages; K. Maximum number of tables on premises; L. Every aspect of operation of gaming establishments. However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City which is not allowed at least at one other location anywhere within the state of California, or federal or Native American enclave or reservation located within the jurisdictional boundaries of the state by law. Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt and consideration by the Council, at a public hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a minimum, a provision that requires permits to be i ssued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly. Section II. Chula Vista Municipal Code Chapter 5.20.035 is hereby amended to read as follows: 5.20.035 Consolidation - Permitted Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council may, in their sole discretion, grant additional licenses to a Person having an interest in or holding a license to any cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. If such application for an additional single license is granted, the maximum number of tables permitted in the consolidation of two licenses is 12, unless otherwise provided by the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said Person is a designated licensee, is presently married to an existing licensee, is the parent or child of an existing licensee, owns shares in a corporation that owns a license or has a partnership interest in a license, owns a partnership interest in a partnership t hat has a license or owns shares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan. Page 346 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 3 Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. Section III. Chula Vista Municipal Code Chapter 5.20.130 is hereby amended to read as follows: 5.20.160 Maximum number of tables on premises and in the City. Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, 12 20 tables shall be permitted., and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom, unless otherwise allowed by the Chula Vista gaming plan. The holder of a cardroom license may appeal the visibility requirement to the Zoning Administrator. Under 5.20.030, if four licenses were issued, the maximum number of tables allowed in the Chula Vista would be 40 tables. Section IV. Repeal Section 5.20.002 of the Chula Vista Municipal Code, entitled “All California gaming allowed subject to gaming plan” is hereby repealed. Section 5.20.006 of the Chula Vista Municipal Code, entitled “Characterization of gaming plan” is hereby repealed. Section V. Readoption of the Chula Vista Gaming Plan The Chula Vista Gaming Plan, as adopted and amended to date by resolution of the City Council of the City of Chula Vista is hereby readopted by this ordinance as an appendix to Chapter 5.20 of the Chula Vista Municipal Code and shall hereafter be amended by ordinance as permitted by state law and the City Charter. Section VI. 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 VII. Construction Page 347 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Ordinance Page 4 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. To the extent the provisions of the Chula Vista Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it is existed earlier or as the provisions of the Chula Vista Gaming Pan existed earlier, those provisions shall be construed as continuations of those earlier provisions, as not as new enactments. Section VIII. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section IX. 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 Tiffany Allen Marco A. Verdugo City Manager City Attorney Page 348 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 CHULA VISTA GAMING PLAN [Adopted November 14, 2023] In accordance with Chapter 5.20 of the Chula Vista Municipal Code {the "Gaming Code"), this document shall serve as the gaming plan for the operation of Cardrooms within the City of Chula Vista {the "Gaming Plan"). This Gaming Plan was originally adopted on February 13, 1996, after a public hearing, pursuant to city council Resolution No. 18212. The Gaming Plan has been amended as follows: {l) on January 13, 1998 pursuant to Resolution No. 18862; {2) on November 10, 1998 pursuant to Resolution No. 19251; {3) on September 26, 2000, pursuant to Resolution No. 2000-332; {4) on October 6, 2009, pursuant to Resolution No. 2009 -238; {5) on March 14, 2012, pursuant to Resolution No. 2012-047; {6) on March 3, 2015, pursuant to Resolution No. 2015-056; (7) on April 11, 2017, pursuant to Resolution No. 2017-0128, and (8) on July 23, 2019, pursuant to Resolution No. 2019-143, and (9) on November 14, 2023. The modifications contained in such amendments shall be deemed effective as of the dates of their adoption. Effective upon its adoption, this Gaming Plan implements, in its entirety, Subchapter 2 of the Gaming Code relating to Cardrooms. Pursuant to Subchapter 1, Section 5.20.004, of the Gaming Code any inconsistency between the Gaming Code and the Gaming Plan shall be governed by the provisions of the Gaming Plan. Except to the extent that this Gaming Plan expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall remain in full force and effect. This Gaming Plan is intended to deal only with the subject of Cardrooms. No other types of gaming permitted by the Gaming Code, shall be governed hereby. To be permitted, such other types of gaming must be the subject of further action by resolution of the City Council to amend or add to this Gaming Plan. This version of the Gaming Plan is adopted and effective as of November 14, 2023 ________pursuant to City Council Resolution Ordinance No.__________. CARDROOMS 1. Cardroom Defined. For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room, or enclosure furnished or equipped with a table or tables used or intended to be used, either exclusively or in conjunction with another business or activity, as a card table for the playing of cards and similar games, and the use of which is available to the public. 2. Licensing. 2.1 License Required to Operate Cardroom - Individual Licensees Must be 21 Years or Older. Page 349 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2 A license from the City issued pursuant to this Gaming Plan, is required for any person, group of persons, partnership, corporation, or any other entity or organization (each a "Person" hereinafter] to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the City. Any such activity conducted without such a license, or otherwise in non -compliance with the terms of this Gaming Plan, the Gaming Code, or any and all other applicable federal, state and local laws and regulations shall be unlawful. No license shall be issued to any individual Person under the age of twenty-one years. 2.2 Number of Licenses Permitted - Existing Licenses. The number of licenses authorized to be issued or held, in the aggregate, under the provisions of this Gaming Plan shall be limited, based upon the population of the City according to the certified determination thereof by the state department of finance. All such licenses shall be issued and held in accordance with the provisions of this Gaming Plan; provided, however, any Person holding a license or licenses to conduct cardroom operation upon the effective date of this Gaming Plan may continue to hold such license or licenses subject to the terms and conditions set forth herein. For purposes of determining the number of licenses which are authorized to be issued by the City hereunder, any two licenses which are "consolidated" pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted against the total number authorized under state law, and shall be entitled to all rights, benefits, and restrictions as if the licenses were held separately, both under state law and the terms of this Gaming Plan. 2.3 Two Types of Gaming Classifications. 2.3.1 In General. There shall be two types of cardroom licenses: Category I and Category II. The characteristics, rights, obligations and limitations attributable, respectively, to a Category I or Category II licenses are set forth throughout this Gaming Plan. Subject to all such provisions, in general, (a) a Category I license shall permit the playing of all games available for licensure through the Office of the Attorney General, except games involving "back -line" betting; and (b) a Category II license shall permit the playing of all games permitted under a Category I license and shall also permit games involving back -line betting. "Back- line" betting card games are card games which allow a player not seated at a cardroom table, but standing adjacent to the table, to bet on a hand being played by a player seated at that table. Subject to state and local law, multiple "back-line" betters may be allowed to participate in any one game. 2.3.2 All licenses issued by the City shall initially be Category I licenses. In order to obtain a Category II license, the applicant (a) must have continuously operated Page 350 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 3 a cardroom that plays Category I games for a period of three (3) years; and (b) must apply with the City and receive prior approval from the City for such conversion in accordance with the application procedures set forth in Section 2.4 hereof, below. 2.4 Application/Issuance Procedure. 2.4.1 In General. Any Person desiring a cardroom license must submit an application to the chief of police. The application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required by the chief of police, (a) the true names and addresses of any and all Persons currently, or contemplated to have a "financial interest" in the cardroom operation proposed to be licensed; (b) the past criminal record, if any, of any and all such Persons; (c) the fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule, to cover the cost of processing the application and of any required investigation of the applicant. Upon the issuance of a cardroom license, the chief of police may authorize the refund of the investigation portion of the application fee to any Persons who were not subject to investigations. 2.4.2 Approval Required. Any and all proposed cardroom licensees must receive (a) prior written approval of the chief of police, which approval may be withheld in the sole discretion of the chief of police, (b) approval by the State of California Division of Gambling Control; and (c) the ratification of the City Council, which ratification may be withheld in the sole discretion of the City Council. Such approval and/or ratification may be conditioned as the acting parties deem appropriate, and may be based, but is not required to be based, entirely or in part on the assessment by the chief of police or, as applicable, the City Council, of the character of the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears to be good cause why such Person should or should not operate a cardroom. Notwithstanding the foregoing in the event of a transfer directly caused by the death or divorce of a Person holding a financial interest in a license, the "prior approval" requirement, above, shall be amended to require that approval of the resulting transferee be obtained by no later than sixty (60) days following the death or divorce causing such transfer. The time limit may be extended provided the resulting transferee has submitted its application and such additional information as may have been requested with the licensing authorities in a timely fashion. 2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term "financial interest" shall mean any and all direct or indirect ownership, creditor or other interests, in a cardroom license, the cardroom business operated thereunder, the assets thereof, or the revenues generated thereby. 2.4.3.1 Such an interest shall include, without limitation, any and all interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or lessees, creditors, lenders or guarantors related in any way to the ownership, financing or operation of the cardroom; and (b) a parent, spouse, sibling or child of an Page 351 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 4 individual Person holding a direct, majority or controlling ownership interest in a license or cardroom shall also be deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan. 2.4.3.2 The City shall decide, in its sole discretion, whether a particular circumstance or transaction falls within the scope of the definition of a "financial interest" that requires submission of an application to the chief of police and approval by the Council for separate licensure. 2.4.4 Any new or revoked cardroom license otherwise qualified for issuance may be issued during the period of May 1 through June 30 following the availability or revocation date of such a license. After the expiration of this period no further licenses shall be issued until the following May 1 through June 30 period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in Section 2.2 hereof, a license may be issued to the most qualified of such applicants in accordance with a procedure established by the City. Notwithstanding the foregoing, the City shall decide, in its sole discretion, as to whether to issue any cardroom license authorized hereunder, and whether or how to condition such an issuance; furthermore, the City reserves the right, for any reason whatsoever, to reject any and all applications for a cardroom license hereunder. 2.5 Transfers. 2.5.1 In General. Any license issued pursuant to this Gaming Plan, a cardroom operated thereunder, or any direct or indirect interest therein, may only be transferred in accordance with the terms and conditions of this Section 2.5. Transfers governed by this section shall include, without limitation, any and all sales, leases, conveyances, assignments, grants, pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or "financial interest" in a license or cardroom operated thereunder, as such concept is defined in Section 2.4.3 hereof. 2.5.1.1 Such transfers shall include, without limitation, (a) a transfer of all or any shares by a shareholder in a corporate licensee; (b) the transfer of all or any partnership interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a controlling shareholder or partnership interest in an entity which itself holds a direct or indirect ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial portion of the assets of a Person holding a license o r a cardroom operated thereunder. 2.5.1.2 Such transfers shall not include (a) corporate structure reorganization where the individuals involved in the ownership and their respective percentage interests do not change; (b) transfer of ownership interest for estate planning purposes where the trustee is the same as the current licensed owner; or (c) such other situation that is similar to those described above that the City deems to be immaterial. Page 352 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 5 2.5.2 Application Required. Any applicant seeking a license transfer must comply with all of the application and approval requirements set forth in Section 2.4. 2.5.3 Three Years Operation Required Before Transfer. With the exception of those licenses which have been issued prior to September 1, 1992, no license may be transferred unless and until the holder thereof has been operating a cardroom governed by such license for three (3) years at a fixed location in the City. Licenses issued prior to September 1, 1992 may not be transferred unless and until the holder thereof has been operating a cardroom governed by such license for one (1) year at a fixed location within the City. 2.5.4 Non-Complying Transfers. In the event of a purported transfer of a license that does not comply with the terms of this Section, the purported transferor shall be subject to monetary penalties as provided in Section 4.2 hereof. The purported transferee shall have no rights to operate a cardroom in the City under the authority of such license. The license involved shall be subject to revocation by the City as provided in Section 4.3 hereof; and (d) the transfer may otherwise be declared null and void. 2.5.5 Special Rules for Transfers of Category II Licenses. 2.5.5.1 Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a "material or controlling financial interest" (define below) in a Category II license, the Category II license, which is the subject of such transfer, shall immediately revert back to a Category I license. A Category II license so reverted may be converted back to a Category II license, but only in accordance with the provisions of Section 2.3.2 hereof. 2.5.5.2 Notwithstanding the foregoing, a material or controlling interest in a Category II license may be transferred without reversion of the subject Category II license to Category I status subject to the following terms and conditions: (a) The transfer must be to a "pre-qualified transferee". For purposes of this Section, a "pre-qualified transferee" shall be defined as a Person on record with the chief of police as a Person holding a financial interest in the license, which, with the prior knowledge of the chief of police, acknowledged in writing thereby, has been substantially responsible for the management and operations of a licensed cardroom continuously for a period of three (3) years. (b) In addition to the agreement required pursuant to Section 5.5 hereof, any pre-qualified transferee shall enter into a written agreement with the City whereby such Person, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, agrees that (a) the Category II status of the license to be transferred thereto shall be temporary and subject to reversion to Category I status in accordance with this Section; and (bl any action taken by the City to revert the Category II license to a Category I license shall not constitute a taking of any property or other interest held by such Page 353 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 6 Person(s); and (c) such Person(s) waive and agree not to pursue any and all claims or other action against the City in connection with a City decision to revert the Category II license to a Category I license. (c) Until such time that Category II Games have been operated continuously by the pre-qualified transferee for a period of one (1) year following the effective date of the transfer of the Category II license, or such longer period as the Category II license, or such longer period as the chief of police may require (the "Temporary Category II Status Period"), the Category II statues of the license shall be temporary, and therefore subject to reversion to a Category I license upon a determination by the chief of police, in his/her sole discretion, for any or no reason whatsoever, that the transferee should be required to first operate as a Category I licensee prior to being permitted to operate as a Category II licensee in accordance with the terms and conditions of Section 2.3.2 hereof. Such determination may be made at any time within thirty (30) days after the expiration of the Temporary Category II Status Period. (d) Pre-qualification of a potential transferee hereunder shall not constitute City approval of a transfer to such potential transferee and any such transfer shall remain subject to the provisions of Section 2.5 hereof. 2.5.5.3 For purposes of this Section, the City shall determine, in its sole discretion, what constitutes a "material or controlling financial interest" provided; however, in general, a transfer of a financial interest for purposes of pre -qualifying a Person under Section 2.5.6.2 shall not be considered the transfer of a "material or controlling financial interest". 2.5.6. Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a material or controlling financial interest in a license or the cardroom operated thereunder, the holder of the license, which is the subject of such transfer shall be considered to be new holder of such license subject to any and all provisions hereunder applicable thereto. 2.5.7. Full Cost Recovery for Administrative Costs Associated With Transfer. Any person submitting an application for transfer of a license shall be responsible for payment to the City of all actual administrative costs incurred by the City including the cost of staff time, at the City's full cost recovery rate, associated with the investigation of the application for a license transfer and review of transfer documents. The chief of police shall estimate the cost of City staff and other administrative costs in connection with an application and the Person shall deposit such amount at the time of submitting the application for license transfer to the chief of police. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the City's review. 2.6 Consolidation. Page 354 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 7 2.6.1 In General. Notwithstanding any other section of this Gaming Plan to the contrary, the holder of a Category I or Category II license may acquire additional Category I or Category II licenses, subject to the consolidation rules and procedures of this Section 2.6. A licensee is permitted to acquire as many licenses as are legally allowed in the City pursuant to Municipal Code section 5.20.030, taking into account licenses already held by others. 2.6.2 Required Qualifications/Procedures. In order to acquire an additional license, an existing license holder {a) must have continuously operated a cardroom under its existing license within the City for a period of three (3) years at a fixed location; and (b) must apply with the City and receive prior written approval from the City for such acquisition in accordance with the rules and procedures set forth in Section 2.4 hereof regarding the initial issuance of licenses. If the additional license is to be acquired from another existing license holder, such application shall also be made in accordance with the rules and procedures governing license transfers set forth in Section 2.5.3 hereof. 2.6.3 Effect of Consolidation; Deemed Consolidation. If an application for the acquisition of an additional license is granted to an applicant holding one license, the two licenses shall become "consolidated". In addition, two licenses shall be deemed to be "consolidated" in the event that the same Person h olds, or comes to hold, a "financial interest" (as defined in Section 2.4.3 hereof) in both licenses. or the cardrooms operated thereunder. If an application for the acquisition of an additional license is granted to an applicant holding only one or more sets of consolidated licenses, the additional li cense shall not be consolidated. If an application for the acquisition of an additional license is granted to an applicant holding one or more sets of consolidated licenses and one unconsolidated license, the unconsolidated license held by the applicant sh all be deemed to be consolidated with the new license. Under a consolidated license, the maximum number of tables permitted to be operated is twenty (20), subject to any additional or contrary terms and conditions set forth in Section 3.5 and/or other provisions of this Gaming Plan. All tables operated under a consolidated license must be operated in the same location. 2.6.4 Category I with Category II Consolidations. In the event that a Category I license is consolidated with a Category II license, the following rules shall apply: (a) if the previous owner of the Category II License retains majority ownership and control over the consolidated license, the full benefit s and burdens hereunder of Category II status shall apply to all the card tables operated under such consolidated license (b) if the previous owners of the Category I License retains majority ownership and control over the consolidated license, the consolidated license shall retain Category I status and the requirements for conversion to a Category II License under Section 2.3.2 of this Gaming Plan shall continue to apply. 2.7 License Fee. 2.7.1 In General. There shall be a license fee on any licensed cardroom within the City in accordance with the terms of this Section 2.7. The license fee is for Page 355 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 8 purposes of generating revenues to the general fund of the City and not for purposes of regulation. The fee shall be based upon the number of tables that are licensed by the City pursuant to the terms of this Gaming Plan that are also permitted to be operated by the City at the location where the license is being utilized pursuant to the City's land use laws and regulations. The fee shall be based upon the maximum number of tables so licensed and permitted based upon the category of license issued with respect thereto, regardless of the number of tables that may actually be operated on any given day or the category of game conducted thereon. Notwithstanding the foregoing, if the City approves new tables, but State approval is required before the operation of any such new tables, the license fee set forth below in sections 2.7.2 through 2.7.6, inclusive, with respect to such new tables, shall not go into effect until the date the required State approval is obtained. 2.7.12.7.2 Operating Agreement. The City and the Licensee shall enter into a Card Room Operating Agreement, which may be renegotiated from time to time as deemed appropriate by the Parties, that will outline the timing and fees to be paid to the City. 2.7.2 Amount of Fee. The license fee to be assessed and collected on each licensed cardroom shall be the applicable "base rate" fee determined as follows: 2.7.2.1 Base Rate: (a) Category I: Effective July 1, 2019 the base license fee for card tables licensed under a single, non-consolidated Category I license shall be $3,750 per card table per quarter. (b) Category II: Effective July 1, 2019 through June 30, 2020, the base license fee for each card table in a cardroom licensed to play Category II games under a Category II license shall be $9,000 per table per annual quarter. Effective July 1, 2020 through June 30, 2021, the base license fee for each card table in a cardroom licensed to play Category II games under a Category II license shall be $9,540. This rate shall apply to the maximum number of tables licensed and approved to be operated at the cardroom location regardless of whether or not such tables are actively being used, and regardless of whether or not Category II games are actually being played at such tables. (c) Percentage Payment Structure The base rate license fee for operation of any tables licensed by the City to the cardroom as set forth in this Gaming Plan may be converted to a license fee based upon a percentage of gross revenue generated by Licensee from the play of any game or gaming activity ("Percentage Payment Structure"). Unless otherwise specified in an amendment to the Gaming Plan, the timing of any conversion to and the specific terms of any Percentage Payment Structure shall be set forth the agreement between the parties required pursuant to Section 5.5 hereof. 2.7.3 Procedures for Payment of Fee. Page 356 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 9 2.7.3.1 Advance Payment. The license fee provided hereunder shall be payable quarterly in advance by no later than the day falling fifteen {15) days prior to the first day of each calendar quarter. 2.7.4 Audit rights. The City shall have the right to conduct an independent audit of licensee's accounting records at any time upon three (3) days prior written notice to licensee. The audit shall be performed by a party designated by the City, subject to the reasonable approval of licensee. If the City elects to conduct such an audit, the licensee shall be responsible for reimbursing City costs incurred in connection therewith. The licensee's reimbursement obligation under this Section shall not exceed $10,000.00 per any twelve (12) month period. 2.7.52.7.4 Fee Receipt. The finance director shall issue a receipt for each licensed cardroom and such receipt shall be displayed on the premises during the full term for which such receipt was issued. 2.7.6 Annual Increase in Base License Fee Rate. The base rate license fee amounts set forth in Section 2.7 shall be increased by three percent (3%) per year. The first increase shall take effect on July 1, 2021 and each subsequent increase shall take effect on each July 1 thereafter. This annual base rate increase shall apply to all tables licensed and approved in the previous year regardless of whether or not such tables were put into service that year. Notwithstanding the above, if the Percentage Payment Structure becomes the basis to calculate the base rate license fee, then the terms of increase in such fee shall be governed by the agreement entered into pursuant to Section 5.5 hereof. 3. Operating Limitations and Conditions. 3.1 City Land Use Regulations Shall Control. All cardrooms and card table operations shall be subject to the City's land use regulations. Notwithstanding any provision in this Gaming Plan to the contrary, no cardroom operations shall be permitted without the prior acquisition of any and all necessary approvals and permits from the City in connection therewith, and any cardroom operation with such approvals and permits shall operate in strict compliance with any and all terms and conditions thereof. For example, in no event shall the cardroom exceed the number of players it is restricted to in its conditional use permit based on parking limits or other imposed conditions. 3.2 Games Permitted. 3.2.1 Category I License: Subject to the terms and conditions of this Gaming Plan and the Gaming Code, the holder of a Category I cardroom license shall be permitted to operate a cardroom that conducts all card games that have been determined by the Office of the Attorney General of the State of California ("Attorney General") to be within the permissible subject of local licensing by California cities, excluding those games Page 357 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 10 involving "backline betting." The games permitted under this section shall be referred to herein from time to time as "Category I Games." 3.2.2 Category II License: Subject to the terms and conditions of this Gaming Plan and the Gaming Code, the holder of a Category II cardroom license shall be permitted to operate a cardroom which conducts all card games permitted by a Category I license {as described in Section 3.2. l, above,), plus those card games which involve backline betting. Such games shall be referred to herein from time to time as "Category II Games." For purposes of this Gaming Plan, back -line betting may be conducted, as that term is understood pursuant to Business a nd Professions Code Section 19843. If the Office of the Attorney General authorizes a new game that would fall within Category I but has not previously been played in the City, then the Licensee will simultaneously send the chief of police a copy of the ap plication request for game approval submitted to the Office of the Attorney General. The chief of police shall provide notice within 30 days whether it would like to further review the game before it is played at the cardroom. The chief of police shall have the right to approve or disapprove any proposed new games in his/her sole discretion, and such decision shall be final. If no notice is provided, it is assumed that the game is approved to be played in the Ci ty. 3.3 Game Rules. Except as specifically provided in this Gaming Plan, all rules for games played at a cardroom shall be governed by State law and the California Bureau of Gambling Control (the "CBGC"), the California Gambling Control Commission (the "CGCC"), or their successor entities (collectively "State Agencies"). Rules for every game allowed shall be made readily available to players and prospective players as follows: (1) in one or more binders within the cardroom; (2) on the cardroom's official website (if any); and (3) in printed fliers. In addition, each table shall identify the game currently being played using a prominently placed sign at said table. Every table where a game is offered shall list the specific name of the game, the license number for the game issued by the State Agencies, or the variation thereof, that is then available for play at the tableA generic game name is permissible for the table sign (i.e., California Blackjack, Pai Gow Poker, Ultimate Texas Hold'Em, etc.). 3.4 Hours and Days of Operation. Licensed cardrooms may operate seven days per week, twenty-four hours per day subject to any and all land use conditions imposed by the City with respect to a specific site of operation. 3.5 Maximum Number of Tables. Subject to such limitations as may be imposed by local land use conditions, to a specific site of operation, the maximum number of tables that may be operated under a cardroom license are as follows: Page 358 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 11 3.5.1 Category I - Non-Consolidated. The maximum number of tables that may be operated under a single, non -consolidated Category I license shall be sixteen (16). 3.5.2 Category I - Consolidated. The maximum number of tables permitted under a consolidated Category I license shall be twenty (20) during gaming operations. 3.5.3 Category II - Non-Consolidated. The maximum number of tables that may be operated under a non-consolidated Category II license shall be sixteen (16). 3.5.4 Category II - Consolidated. The maximum number of tables that may be operated under a consolidated Category II license shall be twenty (20). In no event shall more than fifteen (15) of such twenty (20) tables be operated with "backline" betting games at one time. 3.6 Maximum Number of Players Per Table. Subject to such limitations as may be imposed by local land use conditions, to a specific site of operation, the maximum number of players permitted at any one cardroom table are as follows: 3.6.1 Category I Tables. No more than ten (10) players shall be permitted at any one card table conducting Category I games. Only persons seated at the card table as players shall be permitted to bet. 3.6.2 Category II Tables. No more than eight twelve (812) seated players with no more than two additional standing players per seat participating in "backline" betting behind the seated player (for a total number of twenty (24) players (standing and sitting) per table) shall be permitted at any one card table conducting Category II games. 3.7 Maximum Limits and Bets. 3.7.1 In General. Maximum limits and wagers shall be based on the approvals from the State Agencies. Maximum limit and wager approvals will be provided to the Chief of Police prior to implementation. 3.7.2 Adequate Financing on Hand/Payment Policy. At all times, licensee must have sufficient proceeds to reimburse any and all demands made upon said licensee for the payment of all monies that patrons have on deposit with that cardroom. In the alternative, and subject to notification to the Chief of Police, said licensee may have a written policy for full payment of all monies that patrons have on deposit with that cardroom to a cardroom patron clearly posted in a place visible to cardroom patrons. 3.8 Maximum House Charges Per Hand - - Posting Required. Page 359 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 12 3.8.1. Approval. All house collection rates will be approved by the State Agencies and notification will be given to the Chief of Police prior to being imposed. 3.8.2 Posting Required. A copy of all collection rate schedules shall be provided to the Chief of Police. The collection rate in use shall be clearly posted at the table. 3.9 Work Permits and Identification Badges Required For Employees. 3.9.1 Work Permit Required. Unless other provided herein, prior to commencing work at a cardroom, each proposed employee of a cardroom, if such Person is other than the Person or Persons whose names appear on the application for the cardroom license, must obtain a work permit from the Chief of Police. Additionally, any employee of any ancillary business (Third Party Providers of Proposition Player Services, massage therapists, etc.) that is operating at the cardroom location must also obtain a work permit. 3.9.2 Temporary Probationary Work Permit. Temporary probationary work permits may be summarily issued upon payment of the requisite application fee for food and beverage servers, janitorial staff, and kitchen workers pending the issuance of a regular annual work permit. Such temporary probationary work permits may be subject to immediate summary revocation with or without cause by the chief of police and shall not be valid for more than thirty {30) days and shall automatically expire upon issuance of the regular annual work permit or upon denial of the regular annual work permit application by the chief of police. The fee for temporary probationary work permit shall be non-refundable and in addition to the fee for the regular annual work permit application. 3.9.3 Application Process. Each proposed employee shall submit an application for the required work permit to the Chief of Police. Such application shall be on a form issued by, or otherwise approved in advance by, the Chief of Police. Such application shall include, in addition to any other information required by the chief of police, (a) the past criminal record, if any, of such Person; (bl the fingerprints of such Person; and {c) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule for cardroom applications, to cover the co st of processing the application and of any required investigation of the applicant including a criminal background check to be performed by the police department at the applicant's expense. The work permit, when issued, shall be valid for one (1) year. An y renewal must also be approved by the chief of police and will be subject to a criminal background check to be performed by the chief of police at the applicant's expense. The chief of police may deny the initial approval or renewal of a work permit if, in the chief of police's opinion, {l) in the case of a proposed key employee the applicant therefore should not be permitted to act as key employee or employee in lieu of management by the licensee of the cardroom; and (2) in the case of a proposed employee the applicant therefore should n ot be permitted to be employed in a cardroom. Page 360 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 13 3.9.4 Identification badges to be worn. Every employee shall, at all times when present in such cardrooms, wear an identification badge containing such Person's photograph, first name and the police department issued employee identification number. The identification badges shall be worn at chest level. 3.9.5 Limitation of Discretion to Issue Work Permit. In addition to any other restrictions provided by law, no work permit shall be issued to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in California Business and Professions Code Section 19850. 3.9.6 Denial of an application for a Work Permit. Any application for a work permit shall be subject to objection by the State of California Bureau of Gambling Control (hereafter Bureau). If the Bureau objects to the issuance of a work permit it shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act (Business and Professions Code Section 19801 et seq.). 3.9.7 Proposition Players. 3.9.7.1 A licensee shall use only employees or properly licensed independent contractors as proposition players. 3.9.7.2 A licensee shall not allow, permit, or suffer more than four (4) proposition players to play at a card table at any given time, subject to modification by the chief of police in his/her sole discretion. 3.9.7.3 The licensee shall not provide any compensation, reward, credit, chips, or any other thing of value or representation of value to an employee who acts as a proposition player other than drop reimbursement, salary or wages earned for the time the employee works as a proposition player. This prohibition does not prohibit a proposition player from receiving the same employment benefits as apply to all other employees of the licensee; provided that no employee or independent contractor shall be paid in chips. 3.9.7.4 A proposition player shall prominently display an identification badge pursuant to Section 3.9.3 at all times while present on the cardroom premises. 3.10 Intoxicating Beverages. 3.10.1 Intoxicating Beverages Permitted. Upon application to and approval by the chief of police, in his/her sole discretion and control and pursuant to a procedure to be implemented and administered by the chief, alcoholic beverages may be served and consumed in a cardroom from the hours of 6:00 AM. to 2:00 AM. At all times that alcoholic beverages are served, food must also be made available and the cardroom Page 361 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 14 shall comply with its ABC On-Site General Sale (Type 47) Eating Place license, where 50 percent or more of all sales must be food. The chief of police's decision concerning the consumption and service of intoxicating beverages shall be final. Additionally, licensee shall comply with all applicable state and local laws, rules and regulations, including the City's land use regulations, pertaining to the sale and service of intoxicating beverages. All servers are required to have a valid Responsible Beverage Service ("RBS") certification from an ABC accredited RBS training provider. 3.10.2 Key Employee/employee Consumption Prohibited. The drinking of any intoxicating beverage by any key employee, independent contractor or employee of a card room while on duty is prohibited. The licensee of a cardroom shall take all necessary and appropriate steps to assure compliance with this section. 3.10.3 Permitting Intoxicated Persons to Play in Games Prohibited. No licensee, key employee, independent contractor or employee shall permit any Person to play in any game or at any time which such Person is under the influence of an intoxicating beverage, narcotic, or drug. 3.10.4 Permitting Intoxicated Persons on Premises Prohibited. No licensee, key employee, independent contractor or employee shall permit any Person to enter a gambling establishment at any time when such Person appears to be under the influence of an intoxicating beverage, narcotic or drug. 3.11 Minors Prohibited from Patronage or Employment. No person under twenty-one years of age shall be employed at a cardroom, allowed to play games at a cardroom, or permitted in a cardroom area where games are being played. Minors may be allowed in non-gaming areas of a cardroom (for example, in an associated restaurant) but only with the prior approval of the chief of police, of a written plan containing provisions that assure that no minor shall have no access to gaming areas or alcohol. Given the high level of concern with public safety, the Police Chief's approval of any plan allowing minor access to non-gaming areas shall be in his/her sole discretion and the Chief's decision shall be final. 3.12 Signs to be Posted. Licensee shall comply at all times with the sign requirements set forth in this Gaming Plan including, without limitation, Sections 3.3, and 3.8.2 hereof, and any and all other signage or posting requirements contained in applicable federal, state or local laws, rules and regulations. 3.13 Licensee Responsible for Compliance and Supervision of Operations. Page 362 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 15 The licensee of a cardroom shall be responsible for assuring that any cardroom operated under such license is operated in strict compliance with the terms of this Gaming Plan, the provisions of the Penal Code of the State of California and any and all other applicable federal, state, and local laws, rules, regulations, or permits. All cardrooms and/or card tables shall be supervised by the operator or an employee of the operator of the cardroom, to assure such compliance. Any violation of the cardroom operating limitations and conditions in this Section 3, or elsewhere in the Gaming Plan, whether or not caused by the licensee or any employee thereof, shall be considered a violation by the licensee of the terms and conditions of its license, and therefore subject to the City's enforcement rights and policies set forth in Section 4 hereof. 3.14 Patron Safety and Security. 3.14.1 Each licensee shall submit a written patron safety and security plan, designed to protect patrons and other persons who are lawfully on the premises of the permitted cardroom, to the chief of police for his/her approval prior to opening for operations. 3.14.2 The chief of police, in his/her sole discretion and control, shall have the right to require amendments to the patron safety and security plan that are, in his or her judgment, reasonably necessary to protect the public peace, health, safety, and general welfare. 3.14.3 Licensee shall be responsible for payment to the City of all actual administrative costs incurred by the City, including the cost of staff time, at the City's full cost recovery rate, associated with the oversight of the patron safety and security plans required by this section, including the administrative costs associated with the review and approval of a patron safety and security plan or any amendments thereto which may be mandated by the chief of police. The chief of police shall estimate the cost of C ity staff and other administrative costs in connection with oversight of the patron safety and security plans and the licensee shall deposit such amount at the time of submitting the patron safety and security plan to the chief of police. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the City's review. 3.15 Crime Reporting Requirement. 3.15.1 Every licensee, key employee, employee, or independent contractor of a cardroom shall immediately report to the Chula Vista Police Department any crime committed on the cardroom premises. 3.15.2 Each licensee shall maintain a chronological criminal activity log and such other reports as the chief of police may determine are needed in order to effectively Page 363 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 16 assist the Chula Vista Police Department to carry out its law enforcement function and protect the public health, safety, and welfare. 3.15.3 It shall be unlawful for a licensee, manager, employee or independent contractor of a cardroom to disable any 911 access on any public telephone on the cardroom premises. 3.16 Licenses or Key Employee on Premises. A cardroom shall have on the premises, at all times the cardroom is open to the public, the licensee or a key employee. A "key employee" for purposes of this section is defined as an employee who shall have access to all cardroom premises for purposes of inspection or for purposes of compliance with any pr ovision of this Gaming Plan and who shall have the responsibility and authority to ensure immediate compliance with the Gaming Plan and all state laws and regulations pertaining to gaming. Further each cardroom licensee shall identify in writing the name, address, and telephone number of each key employee, and each key employee shall wear an identification badge designating the employee as a key employee. 4. Enforcement. 4.1 In General. It is unlawful and a violation of this Gaming Plan to obtain, transfer or consolidate a cardroom license, or to operate a cardroom in violation of any of the regulations and rules set forth in the Gaming Code, this Gaming Plan, and any and all other applicable federal, state and local laws, rules, regulations or permits. 4.2 Monetary Fines. 4.2.1 Amounts of Fines. For any violation of the terms of this Gaming Plan, the City shall have the right to impose a penalty of up to $1,000 per day for each day the licensee is in violation. In the event that a licensee is cited for a violation (not necessarily the same violation) more than three (3) times within a six-month period, upon the fourth such citation, and with respect to any occurrence thereafter, the City shall have the right to impose a penalty of up to $5,000 per day the licensee is in violation. 4.2.2 Imposition of Fine Not Election of Remedies. The pursuit of monetary fines against a licensee or the receipt of payment therefore shall not constitute an election of remedies on the part of the City and thus shall not preclude any other course of action such as may be available including, without limitation, the revocation of the cardroom license held or issued hereunder, the revocation of any and all permits or approvals permitting the operating of the cardroom, and any and all other remedies available to the City at law or in equity. 4.3 Revocation and Suspension. Page 364 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 17 4.3.1 City Right to Revoke or Suspend. Any cardroom license issued or held hereunder may be revoked or suspended by the City, after a public hearing, upon the determination by the City council and the chief of police that with respect to the license and/or cardroom operated thereunder, there has been a material violation, or repeated violations of this Gaming Plan or any or all other applicable federal, state or local laws, rules, regulations or permits. 4.3.2 Material Violation. The City shall determine, in its sole discretion, what shall constitute a material violation for purposes of revocation or suspension under this Section 4.3. Material violations may include, without limitation, the following: (a) A misrepresentation or exclusion on any application for approval, report or statement of revenues required to be submitted under this Gaming Plan or under any other applicable federal, state or local law, rule, regulation or permit. (b) A non-complying purported transfer of a cardroom license held or issued hereunder. (c) Allowing persons other than those named in the application on file with the City, or otherwise previously approved by the City, to hold a financial interest in, or have direct management authority over, a cardroom. (d) Maintaining a greater number of tables than the number permitted by the license. (e) Failure to strictly comply with any and all federal, state, and local laws, rules, regulations, and permits applicable to the holding of a license or the operation of a cardroom hereunder, including, without limitation local land use and other code provisions. (f) Failure to pay, when due, the amount of license fee owed pursuant to Section 2.7 hereof. (g) Citation of five (5) or more minor violations of this Gaming Plan within any twelve (12) consecutive months. (h) The conduct of criminal or dangerous activities at or attributable to the licensed cardroom. (i) Failure to pay, when due, the amount of any monetary fine imposed pursuant to Section 4.2.1 hereof. (j) Refusal to permit City access to a cardroom for purposes of auditing or inspecting same. Page 365 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 18 4.4 Inspection Rights. The City shall have the right, at any time, without notice, to enter into any cardroom operating within the City and to conduct a reasonable inspection of all areas of such cardroom, and/or any or all fixtures, equipment, accounting materials or documents contained therein, in order to determine whether or not such cardroom is being operated in accordance with this Gaming Plan. This inspection right is in addition to the audit rights enumerated in Section 2.7.4 herein. 5. General Provisions. 5.1 Definitions. Except as otherwise expressly defined herein, capitalized terms, and terms otherwise requiring definitions for proper interpretation, shall have the meanings ascribed thereto by the Gaming Code. 5.2 Section Headings. Section headings contained herein are for reference purposes only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof. 5.3 Gaming Plan Amendments. 5.3.1 City Council Approval Required. This Gaming Plan may be revoked or amended, in whole or in part, at any time, after a public hearing, by approval of the City Council, provided, however, different terms of operation may be provided in the agreement required by Section 5.5 hereof, below. 5.3.2 Full Cost Recovery for Administrative Costs Associated with modifications to Gaming Plan. Any Person requesting any modification to the Gaming Plan shall be responsible for payment to the City of all actual administrative costs incurred by the City including the cost of staff time, at the City's full cost recovery rate, associated with the request for modification of the Gaming Plan. The chief of police shall estimate the cost of City staff and other administrative costs in connection with the requested modification and the Person shall deposit such amount at the time of submitting his/her request for modification to the Gaming Plan. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the City's review. 5.4 Integrated Plan. Page 366 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 19 All provisions of this Gaming Plan are intended to be integral parts of a comprehensive regulatory scheme. In the event that any material provision hereof is finally determined to be invalid, then, as of the date of such determination (a) the entire Gaming Plan shall, AB initio, become void and of no effect, and (b) the Gaming Code provisions otherwise implemented or superseded hereby shall become effective. 5.5 Agreement of Licensee to Accept Validity and Abide by all Provisions. Each licensee which holds or is issued a license hereunder, in order to legally operate a cardroom within the City must first enter into a written agreement with the City whereby, for the term specified therein, such licensee agrees, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, that such Persons (a) shall abide by any and all provisions of the Gaming Plan; (b) acknowledge that all provisions of t he Gaming Plan are valid and enforceable by the City against such Persons; and (c) waive and agree not to pursue any and all claims or other action against the City that any or all provisions of the Gaming Plan were not legally adopted, valid or enforceable with respect thereto. In consideration for licensee's commitments thereunder, such agreement may also provide for a specified time period for card room operations without being subject to City imposed changes to the Gaming Plan, all as more specifically provided therein. Page 367 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE Surplus Land Declaration: Declare a Portion of City-Owned Property Surplus Land Report Number: 26-0234 Location: Rancho Robinhood Unit 3, Open Space District Department: City Manager G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution declaring City-owned property “Surplus Land” under California Government Code Section 54221(b)(1). SUMMARY The City of Chula Vista (“City”) has been working with the property owners at 372 Corral Court to address an existing encroachment onto City property. To allow the greatest flexibility in resolving the encroachment, the City must first declare the affected property as surplus land in accordance with Government Code Section 54221(b)(1). This item declares approximately 4,717 square feet of City-owned property as surplus land. Following this action, City staff will enter into negotiations with property owners to identify an appropriate resolution. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 368 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 This determination is predicated on State CEQA Guidelines Section 15004 which provides direction to lead agencies on the appropriate timing for environmental review. Future actions, such as the sale or ground lease of the property resulting from the declaration of surplus land, will require environmental review and preparation of appropriate documentation in accordance with applicable state requirements, including CEQA and applicable provisions of the City Municipal Code. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION A review conducted in response to a recent permit request revealed that improvements associated with the property located at 372 Corral Court encroach onto adjacent City property. The affected City property is part of the Rancho Robinhood Unit 3, Open Space District, and a portion of the encroachment includes hardscape improvements. Since identifying these conditions, staff has worked collaboratively with the property owner to evaluate potential resolutions that protect the City’s interests while addressing the existing encroachment. As part of the proposed resolution, the property owner will restore approximately 15,058 square feet of City property through habitat restoration. Through this evaluation, staff determined that approximately 4,717 square feet of City-owned property currently occupied by hardscape improvements is not needed for current or anticipated City purposes. To provide the greatest flexibility in resolving the encroachment, staff recommends declaring this portion of the property as surplus land pursuant to Government Code Section 54221(b)(1). Declaring the property surplus does not obligate the City to sell or transfer the property; rather, it satisfies the statutory prerequisite that allows the City to consider disposition options. Any proposed disposition of the property will be subject to future City Council consideration and approval. DECISION-MAKER CONFLICT Staff have reviewed the property holdings of the City Council members and have 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 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 There is no current-year fiscal impact as a result of this action, however the potential disposition of the property may result in a fiscal impact. Any proposed disposition of the property will be subject to future City Council consideration and approval. Page 369 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Location Map Staff Contact: Scott Dickson, Real Property Manager Tiffany Allen, City Manager Page 370 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY-OWNED REAL PROPERTY LOCATED IN THE RANCHO ROBINHOOD UNIT 3 OPEN SPACE DISTRICT WITH ASSESSOR’S PARCEL NUMBER 593-320-01-00 CONSISTING OF APPROXIMATELY 4,717 SQUARE FEET, AS SURPLUS LAND WHEREAS, the City of Chula Vista (the “City”) owns the real property with Assessor’s Parcel Number 593-320-01-00, located in the Rancho Robinhood Unit 3 Open Space District in Chula Vista, California, consisting of a 4,717 square foot portion that is adjacent to Assessor’s Parcel Number 593-301-13-00 as shown on the attached Exhibit A (the “Property”); and WHEREAS, the Property was reviewed by the City, and no City departments require retention of the Property for a City municipal use; and WHEREAS, the Surplus Land Act (California Government Code 54220 through 54234) is generally intended to make a local agency’s surplus land available for potential acquisition by affordable housing sponsors or other local public entities; and WHEREAS, Government Code section 54221(b)(1) requires the Council to take formal action at a regular public meeting to declare the Property surplus land or exempt surplus land, as supported by written findings, before the City may take any action to dispose of the Property; and WHEREAS, declaring the Property surplus land is not contingent upon the City’s sale of the Property, nor does it require that the City sell the Property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the Property shown on Exhibit A is declared surplus land. Presented by Approved as to form by Tiffany Allen Marco A. Verdugo City Manager City Attorney Page 371 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Item 9.2 | Rancho Robinhood Unit 3 Surplus Land Location Map Page 372 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda v . 0 0 5 P a g e | 1 July 28, 2026 ITEM TITLE City Council Referrals: Presentation on City Council Referrals Related to Events and Associated Policies Report Number: 26-0240 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 State California Environmental Quality Act (CEQA) Guidelines. Therefore, pursuant to State CEQA Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Receive the staff presentation on recent City Council referrals related to events and associated policies, provide direction to staff, and, as appropriate, direct staff to return with policy recommendations for City Council consideration and adoption. SUMMARY Over the past year, the City Council has referred several matters related to events and associated policies for staff review. This report responds to those referrals by presenting the requested information and providing the City Council with an opportunity to discuss the issues and provide direction. Based on Council direction, staff will return with recommended policy updates, as appropriate. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 373 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 2 DISCUSSION Over the past year, City staff has received several City Council referrals regarding special events and associated policies. The following sections summarize the requested information, present staff's responses, and identify policy considerations related to each referral. This presentation is intended to facilitate City Council discussion, gather policy direction, and identify any additional items for staff evaluation. Following Council direction, staff will return with proposed policy updates, as appropriate. Referrals  On September 23, 2025, staff presented Council Policy 102-07, City of Chula Vista Special Event Sponsorship and Endorsement, to the City Council for discussion and received feedback regarding potential policy updates (Attachment 1).  On April 14, 2026, Councilmember Preciado initiated a referral requesting guidance on the use of the City logo and City seal. The referral also requested clarification regarding Councilmember-hosted events and community meetings, including the allowable use of City budgets, staff resources, and equipment.  On May 5, 2026, Councilmember Inzunza initiated a referral requesting a comprehensive accounting and policy review of City-hosted and City-sponsored civic events, including State of the City events, swearing-in ceremonies, and similar civic events. The referral requested information regarding event-related costs, staff time, reimbursements, pending reimbursement requests, vendors, invoices, contracts, sponsorships, donations, behested payments, in-kind contributions, funding sources, public purpose findings, and Mayor and City Council credit card or procurement card expenditures. At a subsequent meeting, the requested reporting period was narrowed to November 2022 through the present. The requested information is provided in Attachment 2.  On May 5, 2026, Councilmember Preciado also requested a comprehensive accounting of the costs associated with holding the State of the City event off-site, including public and private expenditures, City costs, sponsorships, donations, and other related financial contributions (Attachment 2). The referral further requested that the City Attorney provide guidance regarding the legal, policy, and procedural considerations for determining the location of future State of the City events. City Policies Several existing City policies address the topics raised in these referrals. While no single policy governs all of the requested issues, the following policies provide the primary framework for staff's response: 1. Council Policy 102-07 City of Chula Vista Special Event Sponsorship and Endorsement Policy (Attachment 1) 2. Council Policy 270-01 Donations to the City Policy (Attachment 3) 3. Council Policy 100-01 City Identification Program: Use of Seal and Logo (Attachment 4) Staff is seeking City Council feedback on these policies based on the information presented and will return with recommended policy updates, as directed. Special Events The City's current Special Event Sponsorship and Endorsement Policy (Council Policy 102-07, adopted May 5, 2015) establishes the framework through which the City may sponsor or endorse special events held within the City. The policy is intended to support events that enhance community vitality, engagement, cultural celebration, and economic prosperity. Page 374 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 3 Under the existing policy, events fall into two classifications: 1. Sponsored Events Sponsored events are special events for which the City provides underwriting, significant staff support, and/or direct General Fund contributions. Sponsorship requires a majority vote of the City Council, or a 4/5 vote when a budget appropriation is needed. Sponsored events are typically large- scale, high-impact public events that attract substantial attendance and provide a meaningful financial or promotional return to the City. Examples historically include HarborFest and the Starlight Parade. The policy outlines the responsibilities of the City Manager’s Office, event coordinators, and Councilmembers serving as event “leaders,” including budget development, contracting, and fundraising as necessary. 2. Endorsed Events Endorsed events are those in which the City provides limited staff support to help facilitate the event, at the discretion of the City Manager or designee. Endorsement is available to events sponsored by governmental agencies, educational institutions, and nonprofit partners that support City operations (e.g., Friends of the Library, Firefighters Foundation, PAL). Endorsement may also be granted by majority vote of the Council. Endorsed events may use the City name and logo with prior approval. While Policy 102-07 provides a framework for sponsorship and endorsement decisions, it does not establish a comprehensive classification system for the wide variety of special events conducted today. As the number and diversity of events have increased, the existing two-category structure has become less effective for consistently assigning operational responsibilities, allocating City resources, evaluating community benefit, and aligning cost recovery practices. While Policy 102-07 provides a framework for sponsorship and endorsement decisions, it does not establish a comprehensive category system for the wide variety of special events conducted today. As the number and diversity of events have increased, the existing two-category structure has become less effective for consistently assigning operational responsibilities, allocating City resources, evaluating community benefit, and aligning cost recovery practices. Based on previous City Council feedback, staff is proposing an expanded event category framework to improve consistency, transparency, resource planning, risk management, and alignment with City priorities. The proposed framework identifies eight event categories, each with clearly defined levels of City involvement and responsibility. 1. Signature Events - City-owned, City-produced flagship events with full funding responsibility and operational control by the City. Requires City Council designation by majority vote or 4/5 vote if new appropriations are needed (per the standard budget amendment process). These events highlight Chula Vista’s cultural identity and community engagement priorities. Page 375 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 4 2. Civic Events - City-led or coordinated events funded primarily through City controlled funds to support civic functions, public recognition, or intergovernmental partnerships. City funding may be supplemented by donations. 3. Department Events - Events produced independently by City departments, through the City Manager’s office, to support departmental missions or programs. Departments plan, staff, fund, and brand these events using approved logos. 4. Partnered Events - Events collaboratively planned, funded, and delivered by the City and one or more external organizations through a shared commitment of resources, responsibilities, and decision-making. Partnered Events advance a mutually beneficial public purpose that aligns with the City’s strategic priorities and the partner organization’s mission. 5. Sponsored Events - Externally produced events that provide community benefit and may receive up to $10,000 in City financial support at the discretion of the City Manager. The City does not manage operations or planning. 6. Supported Events - Externally produced events that may receive limited in-kind City services or logistical assistance, based on staff availability and City resource capacity. 7. Endorsed Events - Externally produced and funded events that receive formal City recognition only—no financial, staff, or operational support. May receive proclamations or letters of support. 8. Permitted Events - Events requiring a City-issued permit to occur on public property or within the public right of way. Receiving a permit does not constitute sponsorship or support. Event organizers are responsible for compliance with codes, safety requirements, insurance, and operations. Staff also recommends clarifying in Policy 102-07 that Sponsored, Supported, and Endorsed events may take place outside the City. A list of recurring Signature Events, Civic Events, and large Department Events, together with the proposed category for each event, is provided in Attachment 7. We will be seeking feedback on the proposed category each event has been assigned at the July 28 City Council meeting. Special Events, including State of the City A detailed accounting of special events, including State of the City, expenditures, funding sources, sponsorships, donations, behested payments, and other financial contributions responsive to City Council Referrals 3 and 4, is provided in Attachment 2. Donation expenses in Attachment 2 consist of Donations/Sponsorships or Behested Payments/Sponsorships. A donation is a voluntary contribution of money, goods, or services made directly by a donor to support a governmental, charitable, or civic purpose without being requested or solicited by a public official acting in their official capacity. In contrast, a behested payment is a payment made to a governmental agency or nonprofit organization at the request, suggestion, or solicitation of an elected official for a legislative, governmental, or charitable purpose. While behested payments are generally not considered campaign contributions or gifts under California law if they serve a legislative, governmental, or charitable purpose, they are subject to specific disclosure requirements under the Political Reform Act when applicable. The primary distinction between the two is the involvement of the elected official: donations are initiated voluntarily by the donor, whereas behested payments are prompted by the request or encouragement of an elected official and may require public reporting. Page 376 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 5 Consistent with state law, City funds may only be spent for a valid public purpose regardless of the source. A valid public purpose exists if the expenditure serves a direct, legitimate public purpose rather than benefiting a private individual or entity. The primary test is whether the funds support the City's mission, with courts generally deferring to the legislative body if a rational basis for the public benefit is documented. An expense is for a valid public purpose if it informs residents, promotes civic engagement, or supports economic development. Chula Vista Municipal Code section 2.04.020 provides that regular meetings must be held in Council Chambers. Generally, the State of the City report has been agendized as a special meeting, which does not need to be held in Council Chambers. Accordingly, the City has the ability to hold the State of the City report at locations other than Council Chambers so long as the meeting complies with applicable law, including the Brown Act. Council Community Events The City Council requested guidance regarding Councilmember-hosted events and community meetings, including the appropriate use of City funding, staff resources, equipment, branding, and communications support. The City Attorney’s Office will provide guidance related to these issues in a forthcoming memorandum. Use of the City Logo and City Seal Staff was directed to provide guidance regarding the use of the City logo and City seal. Existing administrative practices, legal considerations, and proposed policy clarifications are summarized below for City Council discussion. Adopted on August 6, 1985, and revised on September 23, 2025, the City Identification Program, Use of Seal and Logo (Policy No. 100-01) was established to ensure consistent use of the City Seal and Logo and to protect the integrity of these official identifiers (Attachment 4). To supplement the policy, the Office of Communications created a brand guide in April 2026 that outlines rules for color, spacing, and other visual elements when using the City Logo (Attachment 6). Key elements of Policy 100-01 state that the Seal and Logo may not be altered in any manner. In addition, all proposed uses of the Logo require approval by the City Manager or their designee prior to implementation. The City Seal serves as the official mark of the City and is used to authenticate and validate official documents, certifications, and ceremonial materials. Any exceptions to these purposes require a written request to the City Clerk and approval from the City Council or City Manager. To maintain the integrity of the City Logo and Seal and establish a consistent City brand, an automated approval process will be implemented for all new uses of these marks. The City Manager’s Office will work with elected officials and departments to reproduce or replace any items in inventory that may be out of compliance. Lastly, the Office of Communications is developing a variety of design options that pair the City Logo with elected officials’ names and titles for a range of public-facing uses, such as banners, pop-up canopies, and more. Page 377 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda P a g e | 6 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no direct fiscal impact associated with receiving this report. Any fiscal impacts from council direction will be incorporated in a future item for Council consideration. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this item. ATTACHMENTS 1. Council Policy 102-07 City of Chula Vista Special Event Sponsorship and Endorsement Policy (effective May 05, 2015) 2. Accounting of Special Events 3. Council Policy 270-01 Donations to the City Policy (last revised May 20, 2025) 4. Council Policy 100-01 City Identification Program: Use of Seal and Logo (last revised September 23, 2025) 5. Logo Graphic Standards 6. Brand Style Guide (April, 2026) 7. List of Reoccurring City Events Staff Contact: Marco Verdugo, City Attorney Courtney Chase, Deputy City Manager Adrian Del Rio, Finance Director Joy Whatley, Director of Library Services Edward Prendell, Budget and Analysis Manager John Cihomsky, Chief Communications Officer Lois Yum, Special Projects Manager Daniel Bermudez, Special Events Coordinator Page 378 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY OF CHULA VISTA SPECIAL POLICY EFFECTIVE EVENT SPONSORSHIP AND ENDORSEMENT NUN11BER DATE PAGE POLICY 102-07 05/05/15 1 OF 3 ADOPTED BY: Resolution No. 2015-099 DATED: 05/05/15 A.'%H NDED BY: BACKGROUND The City of Chula Vista is committed to holding special events that promote Chula Vista and attract residents and visitors. It is the City of Chula Vistas intent to further promote events held within the City. This policy addresses the processing of requests for City sponsorship or endorsement. PURPOSE The purpose of the City of Chula Vista's sponsorship of special events is to enhance the vitality, quality of life, community engagement and economic prosperity of Chula Vista through the support of large-scale special events held within the City. The purpose of the City of Chula Vista's endorsement of special events is to help support community events held within the City. City endorsement will increase the quality of the event and demonstrate the Council's commitment to sponsoring and endorsing activities that support and celebrate our vibrant community. This special event sponsorship and policy is declaratory of Chula Vista's existing administrative practice regarding the classification of events as sponsored or endorsed by the City of Chula Vista. This policy will provide guidance for staff and event planners as to the process for collaborating with the City. POLICY A "Sponsored" event is defined as a special event in which the City provides underwriting, significant staff support and/or services as well as funding from the General Fund. A majority of the City Council must vote to "Sponsor' a special event unless an appropriation is necessary, which requires a 4/5a' vote of the City Council. An "Endorsed" event is defined as a special event in which the City helps facilitate the special event process with staff support at the discretion of the City Manager or his/her designee. Both sponsored and endorsed special events may use the City name and logo in their promotions, with prior approval from the City Manager or his/her designee before printing/dissemination. Sponsored Events A request to have the City sponsor an event must undergo review to determine its relevance and appropriateness to the City's special event purpose. The City Council will review the merits of the Page 379 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY OF CHULA VISTA SPECIAL POLICY EFFECTIVE EVENT SPONSORSHIP AND ENDORSEMENT NUMBER DATE PAGE POLICY 102-07 05/05/15 2 OF 3 ADOPTED BY: Resolution No. 2015-099 DATED: 05/05/15 AMENDED BY: requested sponsorship, keeping in mind the criteria listed above, to determine whether the event fits the overall conditions of a sponsored event. The City reserves the right to reject or conditions its involvement at its sole discretion, subject to applicable local. state and federal laws. Furthermore, the following criteria will be used when considering requests for City of Chula Vista sponsorship: By majority vote, the City Council may provide sponsorship of special events that are brought forth by a City Councilmember, who is assuming responsibility as the event "leader." In addition, to be considered for City Council sponsorship, a Councilmember should request sponsorship at least six months prior to the actual date of the event. Sponsored events are major public events that attract large numbers of visitors and community participants to the City. Sponsored events generate significant. documented levels of financial and/or promotional return to the City. Examples of past City sponsored events include HarborFest and the Starlight Parade. Sponsored events should celebrate our City's cultural diversity and rich heritage. Budget for Sponsored Special Events The City Manager's proposed budget shall provide a recommended level of funding for special events based on the criteria noted above. These funds will be used to partially underwrite sponsored events for the upcoming fiscal year. Each sponsored event Council 'leader". as noted above, will work with staff to have a budget set forth for the event. The Finance Department will establish a deposit account for each event and provide the City Council a final accounting of the City's sponsorship following the event. Responsibility for Sponsored Events Responsibility for each sponsored event will be divided: The City Manager or his/her designee will be responsible for overall City participation in event coordination, staff support and the establishment of a budget for each event. Events may require contracting an outside professional events coordinator to help with planning and logistics. The cost of the outside professional events coordinator shall be included in the budget for each sponsored event. If the outside events coordinator is under City contract, they will be retained and managed by the City Manager or his/her designee. If fundraising is necessary, a designated Councilmember will be the lead for City participation in the raising of funds (through sponsorships or direct donations) to make up the difference between the City budgeted allocation of funds and the actual event cost. Page 380 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda COUNCIL POLICY CITY.OF CHULA •VISTA SUBJECT: CITY OF CHULA VISTA SPECIAL POLICY EFFECTIVE EVENT SPONSORSHIP AND ENDORSEMENT NUA1BER DATE PAGE POLICY 102-07 05/05/15 3 OF 3 ADOPTED BY: Resolution No. 2015-099 DATED: 05/05/15 AMENDED BY: Each event will require close coordination and regular communication among responsible parties. Endorsed Events A request to have the City endorse an event must undergo review to determine its relevance and appropriateness to the City's special events purpose. The City will review the merits of the requested endorsement, keeping in mind the criteria listed above, to determine whether the event fits the overall conditions of an endorsed event. The City reserves the right to reject or condition its involvement at its sole discretion. subject to applicable local, state and federal laws. At his/her discretion the City Manager or his/her designee may provide endorsement of special events that fall into one of the following categories: Special events sponsored by governmental and educational institutions. Special events sponsored by organizations that support the City of Chula Vista's operations such as the Friends of the Library, Fire Fighters Foundation, Friends of Chula Vista Parks and Recreation,. Police Activity League). In addition, to be considered for City endorsement, an event applicant should request endorsement at least three months prior to the actual date of the event. If an event fails to meet the criteria listed above, the event can be proposed for endorsement through the City Council. A majority of the City Council must vote to "Endorse" a special event. Page 381 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total Art Fest 2023 Event Planning Services IMAGINE MEDIA GROUP LLC Grant Fund Contract 51,505.04 Art Fest 2023 Insurance ALLIANT INSURANCE SERVICES INC Grant Fund P-Card 1,186.00 Art Fest 2023 Marketing, Advertising, & Printing SQ *PROJX2PRINT Grant Fund P-Card 1,021.16 Art Fest 2023 Office/Program Supplies AMZN MKTP US*T14AH3L30 Grant Fund P-Card 482.82 Art Fest 2023 Office/Program Supplies AMZN MKTP US*T16JD9JF0 Grant Fund P-Card 150.37 Art Fest 2023 Office/Program Supplies AMZN MKTP US*TX3639PA1 Grant Fund P-Card 86.88 Art Fest 2023 Office/Program Supplies HOME DEPOT Grant Fund P-Card 235.41 Art Fest 2023 Office/Program Supplies MICHAELS #9490 Grant Fund P-Card 29.30 Art Fest 2023 Office/Program Supplies WALGREENS #6255 Grant Fund P-Card 39.02 Art Fest 2023 Office/Program Supplies WAL-MART Grant Fund P-Card 80.43 Art Fest 2023 Permits & Licenses SAN DIEGO COUNTY SHERIFFS DEPT Grant Fund P-Card 362.00 Art Fest 2023 Total 55,178.43 Art Fest 2024 Event Planning Services SOUNDSKILZ INC Grant Fund Contract 124,950.00 Art Fest 2024 Insurance ALLIANT INSURANCE SERVICES INC Grant Fund Purchase Order 1,186.00 Art Fest 2024 Marketing, Advertising, & Printing FACEBK *NZJUS9GPR2 General Fund P-Card 120.85 Art Fest 2024 Total 126,256.85 Art Fest 2025 Event Planning Services IMAGINE MEDIA GROUP LLC Donations Fund Contract 5,000.00 Art Fest 2025 Event Planning Services IMAGINE MEDIA GROUP LLC General Fund Contract 38,807.17 Art Fest 2025 Insurance ALLIANT INSURANCE SERVICES INC General Fund Purchase Order 692.00 Art Fest 2025 Office/Program Supplies HOME DEPOT General Fund P-Card 65.16 Art Fest 2025 Office/Program Supplies MICHAELS STORES 9550 General Fund P-Card 217.45 Art Fest 2025 In-Kind Contribution Projx2Print (printing of event signage and materials)N/A N/A Art Fest 2025 Total 44,781.78 Art Fest Total 226,217.06 Boards and Commissions 2023 Food & Beverage BLUEBERRY ANGEL LLC General Fund Purchase Order 1,328.25 Boards and Commissions 2023 Food & Beverage IN *PORCELS GROUP INC.General Fund P-Card 380.63 Boards and Commissions 2023 Food & Beverage MAX SALE FOOD CO, LLC General Fund P-Card 262.00 Boards and Commissions 2023 Food & Beverage SMART AND FINAL General Fund P-Card 103.98 Boards and Commissions 2023 Marketing, Advertising, & Printing IN *AWARDS UNLIMITED LLC General Fund P-Card 14.14 Boards and Commissions 2023 Office/Program Supplies MICHAELS STORES 9550 General Fund P-Card 21.74 Boards and Commissions 2023 Total 2,110.74 Boards and Commissions 2024 Décor SQ *T'S & SIGNS INC.General Fund P-Card 1,218.01 Boards and Commissions 2024 Food & Beverage CISNEROS, SANDRA Donations Fund Direct Payment 1,196.25 Boards and Commissions 2024 Food & Beverage PICAZO, JACQUELINE Donations Fund Direct Payment 543.75 Boards and Commissions 2024 Food & Beverage RUFOLO, RANDY Donations Fund Direct Payment 1,725.00 Boards and Commissions 2024 Total 4,683.01 Boards and Commissions 2025 Food & Beverage BIKA'S KITCHEN Donations Fund Purchase Order 1,724.00 Boards and Commissions 2025 Food & Beverage SMART AND FINAL General Fund P-Card 56.05 Boards and Commissions 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT - SOUTH B General Fund P-Card 103.31 Boards and Commissions 2025 Office/Program Supplies MICHAELS STORES 9550 General Fund P-Card 35.88 Boards and Commissions 2025 Photo, Audio & Video WWW.CVS.COM General Fund P-Card 78.17 Boards and Commissions 2025 Professional Services GOLD MEDALLION AWARDS Donations Fund P-Card 192.78 Boards and Commissions 2025 Total 2,190.19 Boards and Commissions Total 8,983.94El Grito 2023 Décor BENGEL, SOPHIA Donations Fund Direct Payment 2,500.00 El Grito 2023 Entertainment PAYPAL *CALIFOTO General Fund P-Card 200.00 Prepared by the Finance Department 1 of 7 Special Events Report Detail (Expenses)Page 382 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total El Grito 2023 Entertainment PEREZ, DULCE V.Donations Fund Direct Payment 480.00 El Grito 2023 Entertainment TORRES, ELENA C Donations Fund Direct Payment 175.00 El Grito 2023 Entertainment VILLALOBOS, KATHLEEN MARIE Donations Fund Direct Payment 271.88 El Grito 2023 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund Purchase Order 4,290.00 El Grito 2023 Total 7,916.88 El Grito 2024 Décor BENGEL, SOPHIA Donations Fund Purchase Order 2,500.00 El Grito 2024 Entertainment ALVAREZ, MARTHA ANEL Donations Fund Purchase Order 400.00 El Grito 2024 Entertainment ESPINAL, PABLO Donations Fund Purchase Order 275.00 El Grito 2024 Entertainment LABASTIDA, MARCO ANTONIO BOJORQUEZ Donations Fund Purchase Order 400.00 El Grito 2024 Entertainment VISION MUSIC AGENCY, LLC Donations Fund Purchase Order 1,500.00 El Grito 2024 Equipment Rental PLATINUM EVENTS, INC Donations Fund Purchase Order 3,716.81 El Grito 2024 Insurance ALLIANT INSURANCE SERVICES INC Donations Fund Direct Payment 1,186.00 El Grito 2024 Marketing, Advertising, & Printing IMAGINE EVENT MARKETING, LLC Donations Fund Purchase Order 11,325.00 El Grito 2024 Permits & Licenses CITY OF CHULA VISTA Donations Fund Direct Payment 879.50 El Grito 2024 Photo, Audio & Video GATES, DOUGLAS A Donations Fund Purchase Order 1,500.00 El Grito 2024 Staffing, Temp Labor Reimburse City Staff Time Donations Fund City Staff Time 1,263.36 El Grito 2024 Traffic Control CO'S TRAFFIC CONTROL INC.Donations Fund Purchase Order 3,391.06 El Grito 2024 Venue Fees GREATER THIRD AVENUE IMPROVEMENT ASSOCIATION Donations Fund Direct Payment 2,756.98 El Grito 2024 Total 31,093.71 El Grito 2025 Décor BENGEL, SOPHIA Donations Fund Purchase Order 2,651.74 El Grito 2025 Décor Petty Cash Transaction Donations Fund Petty Cash 47.25 El Grito 2025 Entertainment ESPINAL, PABLO Donations Fund Purchase Order 300.00 El Grito 2025 Entertainment RUIZ, EDUARDO Donations Fund Purchase Order 700.00 El Grito 2025 Entertainment VISION MUSIC AGENCY, LLC Donations Fund Purchase Order 10,000.00 El Grito 2025 Equipment Rental PLATINUM EVENTS, INC Donations Fund Purchase Order 3,716.81 El Grito 2025 Food & Beverage ZARZA NAVA, CLAUDIA Donations Fund Direct Payment 129.67 El Grito 2025 Insurance ALLIANT INSURANCE SERVICES INC Donations Fund Purchase Order 1,186.00 El Grito 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT - SD General Fund P-Card 2,703.52 El Grito 2025 Permits & Licenses CITY OF CHULA VISTA General Fund P-Card 181.58 El Grito 2025 Photo, Audio & Video BENDEL MEDIA, INC Donations Fund Purchase Order 325.00 El Grito 2025 Photo, Audio & Video GATES, DOUGLAS A Donations Fund Purchase Order 1,428.36 El Grito 2025 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund Purchase Order 12,670.00 El Grito 2025 Staffing, Temp Labor Reimburse City Staff Time Donations Fund City Staff Time 7,871.73 El Grito 2025 Traffic Control CO'S TRAFFIC CONTROL INC.Donations Fund Purchase Order 5,295.40 El Grito 2025 Total 49,207.06 El Grito Total 88,217.65 Fourth Fest 2023 Equipment Rental HERC RENTALS INC.Donations Fund Purchase Order 1,451.96 Fourth Fest 2023 Equipment Rental HERC RENTALS INC.General Fund P-Card 347.04 Fourth Fest 2023 Equipment Rental HERC RENTALS INC.General Fund Purchase Order 1,104.92 Fourth Fest 2023 Equipment Rental IN *CLEARCOMM General Fund P-Card 180.00 Fourth Fest 2023 Fireworks PYRO SPECTACULARS, INC.Donations Fund Contract 800.00 Fourth Fest 2023 Fireworks PYRO SPECTACULARS, INC.General Fund Contract 31,020.00 Fourth Fest 2023 Food & Beverage COSTCO WHOLESALE General Fund P-Card 118.62 Fourth Fest 2023 Insurance ALLIANT INSURANCE SERVICES INC General Fund P-Card 1,318.00 Fourth Fest 2023 Parking Services ACE PARKING Donations Fund Purchase Order 1,829.70 Prepared by the Finance Department 2 of 7 Special Events Report Detail (Expenses)Page 383 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total Fourth Fest 2023 Parking Services ACE PARKING General Fund Purchase Order 1,135.30 Fourth Fest 2023 Permits & Licenses VCN*SAN DIEGO CTY COUNTER General Fund P-Card 52.50 Fourth Fest 2023 Staffing, Temp Labor Reimburse City Staff Time General Fund City Staff Time 9,551.95 Fourth Fest 2023 Traffic Control ACME SAFETY & SUPPLY CORP General Fund Purchase Order 950.00 Fourth Fest 2023 Venue Fees ELITE ATHLETE SERVICES, LLC Donations Fund Purchase Order 2,290.00 Fourth Fest 2023 Waste Disposal DIAMOND ENVIRONMENTAL SERVICES General Fund P-Card 886.40 Fourth Fest 2023 In-Kind Contribution Republic Services (trash cans donated for event)N/A N/A Fourth Fest 2023 Total 53,036.39 Fourth Fest 2024 Equipment Rental HERC RENTALS INC.Donations Fund Purchase Order 1,980.00 Fourth Fest 2024 Fireworks PYRO SPECTACULARS, INC.General Fund Contract 30,981.05 Fourth Fest 2024 Fireworks PYRO SPECTACULARS, INC.Donations Fund Contract 4,018.95 Fourth Fest 2024 Food & Beverage Petty Cash Transaction General Fund Petty Cash 6.99 Fourth Fest 2024 Marketing, Advertising, & Printing IN *BRAND IMPACT, LLC General Fund P-Card 597.91 Fourth Fest 2024 Marketing, Advertising, & Printing SQ *PROJX2PRINT General Fund P-Card 1,462.70 Fourth Fest 2024 Permits & Licenses VCN*SAN DIEGO CTY COUNTER General Fund P-Card 52.50 Fourth Fest 2024 Traffic Control ACME SAFETY & SUPPLY CORP General Fund Purchase Order 982.00 Fourth Fest 2024 Waste Disposal VORTEX MAINTENANCE, INC Donations Fund Purchase Order 1,280.00 Fourth Fest 2024 In-Kind Contribution TelevisaUnivision (creating audio track for fireworks show, promoting 4th Fest on radio, and live broadcast at event)N/A N/A Fourth Fest 2024 Total 41,362.10 Fourth Fest 2025 Equipment Rental HERC RENTALS INC.General Fund Purchase Order 1,946.20 Fourth Fest 2025 Equipment Rental IN *AVELINO CLAVIJO Donations Fund P-Card 240.00 Fourth Fest 2025 Equipment Rental IN *AVELINO CLAVIJO General Fund P-Card 200.00 Fourth Fest 2025 Fireworks PYRO SPECTACULARS, INC.General Fund Contract 36,300.00 Fourth Fest 2025 Food & Beverage SMART AND FINAL Donations Fund P-Card 151.14 Fourth Fest 2025 Food & Beverage SQ *SCRAPPY HOT DOGS Donations Fund P-Card 1,200.00 Fourth Fest 2025 Insurance ALLIANT INSURANCE SERVICES INC General Fund Purchase Order 1,318.00 Fourth Fest 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT Donations Fund P-Card 841.72 Fourth Fest 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT General Fund P-Card 791.70 Fourth Fest 2025 Office/Program Supplies AMAZON.COM Donations Fund P-Card 58.70 Fourth Fest 2025 Office/Program Supplies AMAZON.COM General Fund P-Card 520.50 Fourth Fest 2025 Office/Program Supplies SQ *PROJX2PRINT Donations Fund P-Card 288.19 Fourth Fest 2025 Office/Program Supplies SQ *WISDOM PRINTING & EMB General Fund P-Card 43.50 Fourth Fest 2025 Parking Services ACE PARKING General Fund Purchase Order 3,750.00 Fourth Fest 2025 Permits & Licenses VCN*SAN DIEGO CTY COUNTER General Fund P-Card 52.50 Fourth Fest 2025 Photo, Audio & Video IMAGINE MEDIA GROUP LLC General Fund Purchase Order 7,500.00 Fourth Fest 2025 Traffic Control ACME SAFETY & SUPPLY CORP General Fund Purchase Order 1,982.00 Fourth Fest 2025 Waste Disposal DIAMOND ENVIRONMENTAL SERVICES General Fund Purchase Order 2,557.00 Fourth Fest 2025 Waste Disposal ELITE ATHLETE SERVICES, LLC General Fund Purchase Order 2,115.00 Fourth Fest 2025 Total 61,856.15 Fourth Fest Total 156,254.64 South Bay Earth Day 2023 Insurance ALLIANT INSURANCE SERVICES INC Environmental Services P-Card 1,318.00 South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK B4DXVNX5P2 Environmental Services P-Card 250.00 South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK HT5E4PK5P2 Environmental Services P-Card 250.00 South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK JZDY9NT4D2 General Fund P-Card 30.00 Prepared by the Finance Department 3 of 7 Special Events Report Detail (Expenses)Page 384 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK LWYPFPX5P2 Environmental Services P-Card 52.90 South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK UL5BKN75P2 Environmental Services P-Card 39.09 South Bay Earth Day 2023 Marketing, Advertising, & Printing FACEBK ZMNWAPK5P2 Environmental Services P-Card 250.00 South Bay Earth Day 2023 Marketing, Advertising, & Printing SAN DIEGO READER - DISPLA Environmental Services P-Card 1,000.00 South Bay Earth Day 2023 Marketing, Advertising, & Printing SPOTIFY AD STUDIO Environmental Services P-Card 887.47 South Bay Earth Day 2023 Office/Program Supplies Petty Cash Transaction Environmental Services Petty Cash 58.67 South Bay Earth Day 2023 Photo, Audio & Video SQ *EDDIE FLORES JR Environmental Services P-Card 350.00 South Bay Earth Day 2023 Professional Services PAYPAL *EDITOR Environmental Services P-Card 815.00 South Bay Earth Day 2023 Staffing, Temp Labor Reimburse City Staff Time General Fund City Staff Time 1,656.25 South Bay Earth Day 2023 Total 6,957.38 South Bay Earth Day 2024 Event Planning Services SOUNDSKILZ INC Environmental Services Contract 123,530.00 South Bay Earth Day 2024 Insurance ALLIANT INSURANCE SERVICES INC Environmental Services Purchase Order 1,318.00 South Bay Earth Day 2024 Total 124,848.00 South Bay Earth Day 2025 Event Planning Services SOUNDSKILZ INC Environmental Services Contract 123,450.00 South Bay Earth Day 2025 Office/Program Supplies TERRA BELLA NURSERY INC Environmental Services P-Card 869.98 South Bay Earth Day 2025 Total 124,319.98 South Bay Earth Day 2026 Equipment Rental RAPHAEL'S PARTY RENTAL Environmental Services P-Card 1,224.52 South Bay Earth Day 2026 Event Planning Services SOUNDSKILZ INC Environmental Services Contract 45,891.76 South Bay Earth Day 2026 Food & Beverage AMAZON.COM Environmental Services P-Card 526.32 South Bay Earth Day 2026 Insurance ALLIANT INSURANCE SERVICES INC Environmental Services Purchase Order 4,358.00 South Bay Earth Day 2026 Marketing, Advertising, & Printing SAN DIEGO STATE UNIVERSITY FOUNDATION Environmental Services Purchase Order 9,950.00 South Bay Earth Day 2026 Marketing, Advertising, & Printing UNIVISION COMMUNCIATIONS INC Environmental Services Purchase Order 14,000.00 South Bay Earth Day 2026 Marketing, Advertising, & Printing ANYTIME SIGN SOLUTION Environmental Services P-Card 575.29 South Bay Earth Day 2026 Office/Program Supplies AMAZON.COM Environmental Services P-Card 57.48 South Bay Earth Day 2026 Office/Program Supplies Petty Cash Transaction Environmental Services Petty Cash 77.18 South Bay Earth Day 2026 Permits & Licenses CV PERMITS Environmental Services P-Card 240.00 South Bay Earth Day 2026 Permits & Licenses PORT OF SD CRM PARK PERM Environmental Services P-Card 35.00 South Bay Earth Day 2026 Permits & Licenses SAN DIEGO COUNTY SHERIFFS DEPT Environmental Services P-Card 1,274.00 South Bay Earth Day 2026 Staffing, Temp Labor Reimburse City Staff Time Environmental Services City Staff Time 1,609.51 South Bay Earth Day 2026 Total 79,819.06 South Bay Earth Day Total 335,944.42 Starlight Nights 2022 Staffing, Temp Labor Reimburse City Staff Time General Fund City Staff Time 7,357.81 Starlight Nights 2022 Venue Fees THIRD AVENUE VILLAGE ASSOCIATION Donations Fund ****Direct Payment 36,244.63 Starlight Nights 2022 Total 43,602.44 Starlight Nights Total 43,602.44 Starlight Parade 2023 Décor FUN EXPRESS General Fund P-Card 250.11 Starlight Parade 2023 Event Planning Services MCFARLANE PROMOTIONS INC Donations Fund Contract 51,221.89 Starlight Parade 2023 Event Planning Services MCFARLANE PROMOTIONS INC General Fund Contract 33,354.05 Starlight Parade 2023 Insurance ALLIANT INSURANCE SERVICES INC General Fund Purchase Order 5,567.00 Starlight Parade 2023 Office/Program Supplies AMAZON.COM Donations Fund P-Card 396.24 Starlight Parade 2023 Office/Program Supplies AMAZON.COM General Fund P-Card 384.60 Starlight Parade 2023 Office/Program Supplies AMZN MKTP US*X08CZ0NQ3 General Fund P-Card 10.76 Starlight Parade 2023 Professional Services SD STREET BANNERS LLC Donations Fund Purchase Order 14,611.00 Starlight Parade 2023 Venue Fees GREATER THIRD AVENUE IMPROVEMENT ASSOCIATION Donations Fund Direct Payment 4,084.62 Starlight Parade 2023 In-Kind Contribution Republic Services (trash cans donated for event)N/A N/A Starlight Parade 2023 Total 109,880.27 Prepared by the Finance Department 4 of 7 Special Events Report Detail (Expenses)Page 385 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total Starlight Parade 2024 Décor AMAZON.COM Donations Fund P-Card 51.10 Starlight Parade 2024 Décor Petty Cash Transaction Donations Fund Petty Cash 26.06 Starlight Parade 2024 Event Planning Services SOUNDSKILZ INC Donations Fund Contract 41,680.88 Starlight Parade 2024 Event Planning Services SOUNDSKILZ INC General Fund Contract 195,649.25 Starlight Parade 2024 Marketing, Advertising, & Printing BPI CUSTOM PRINTING, INC Donations Fund P-Card 194.85 Starlight Parade 2024 Marketing, Advertising, & Printing SQ *PROJX2PRINT General Fund P-Card 107.66 Starlight Parade 2024 Permits & Licenses COUNTY OF SAN DIEGO General Fund Direct Payment 250.00 Starlight Parade 2024 Professional Services DEKRA-LITE INDUSTRIES, INC General Fund Purchase Order 14,435.40 Starlight Parade 2024 Professional Services SBPW INC General Fund Purchase Order 1,100.00 Starlight Parade 2024 Professional Services THE PALATE LLC Donations Fund Purchase Order 1,609.38 Starlight Parade 2024 Traffic Control ACME SAFETY & SUPPLY CORP General Fund Purchase Order 14,606.00 Starlight Parade 2024 Venue Fees GREATER THIRD AVENUE IMPROVEMENT ASSOCIATION General Fund Purchase Order 7,790.44 Starlight Parade 2024 In-Kind Contribution Republic Services (trash cans donated for event)N/A N/A Starlight Parade 2024 Total 277,501.02 Starlight Parade 2025 Décor AMAZON.COM Donations Fund P-Card 17.39 Starlight Parade 2025 Décor DOLLARTREE Donations Fund P-Card 28.92 Starlight Parade 2025 Décor WAL-MART Donations Fund P-Card 122.21 Starlight Parade 2025 Event Planning Services SOUNDSKILZ INC Donations Fund Contract 66,655.64 Starlight Parade 2025 Event Planning Services SOUNDSKILZ INC General Fund Contract 184,384.36 Starlight Parade 2025 Janitorial IN *SOUTH BAY POWER WASHI General Fund P-Card 1,100.00 Starlight Parade 2025 Marketing, Advertising, & Printing ALLSTATES MAILING SERVICES, INC General Fund Purchase Order 1,184.52 Starlight Parade 2025 Marketing, Advertising, & Printing BAND SHOPPE General Fund P-Card 691.28 Starlight Parade 2025 Marketing, Advertising, & Printing GOAT HOLDINGS LLC General Fund Purchase Order 16,829.61 Starlight Parade 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT - SD General Fund P-Card 4,704.96 Starlight Parade 2025 Office/Program Supplies MICHAELS STORES 9550 Donations Fund P-Card 56.53 Starlight Parade 2025 Office/Program Supplies TIGER TECHNOLOGIES LLC General Fund P-Card 177.24 Starlight Parade 2025 Office/Program Supplies ULINE General Fund P-Card 1,237.19 Starlight Parade 2025 Office/Program Supplies WAL-MART Donations Fund P-Card 37.24 Starlight Parade 2025 Office/Program Supplies WAL-MART General Fund P-Card 281.35 Starlight Parade 2025 Permits & Licenses COUNTY OF SAN DIEGO General Fund Direct Payment 250.00 Starlight Parade 2025 Photo, Audio & Video GATES, DOUGLAS A Donations Fund Purchase Order 1,344.36 Starlight Parade 2025 Professional Services DEKRA-LITE INDUSTRIES, INC General Fund Purchase Order 15,540.00 Starlight Parade 2025 Traffic Control ACME SAFETY & SUPPLY CORP General Fund Purchase Order 14,946.00 Starlight Parade 2025 Venue Fees GREATER THIRD AVENUE IMPROVEMENT ASSOCIATION General Fund Purchase Order 7,193.00 Starlight Parade 2025 In-Kind Contribution Republic Services (trash cans donated for event)N/A N/A Starlight Parade 2025 Total 316,781.80 Starlight Parade Total 704,163.09 State of the City 2022 Décor RALPHS #0075 Donations Fund*P-Card 73.06 State of the City 2022 Food & Beverage SANCHEZ, DANIELLA MARIE Donations Fund*Direct Payment 3,000.00 State of the City 2022 Photo, Audio & Video MEJIA, GIOVANNI Donations Fund ****Direct Payment 600.00 State of the City 2022 Photo, Audio & Video WALGREENS #7867 Donations Fund*P-Card 30.57 State of the City 2022 Total 3,703.63 State of the City 2023 Entertainment TORRES, ELENA C Donations Fund Direct Payment 175.00 State of the City 2023 Equipment Rental ABBEY PARTY RENTS SAN DIE Donations Fund*P-Card 377.24 Prepared by the Finance Department 5 of 7 Special Events Report Detail (Expenses)Page 386 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total State of the City 2023 Equipment Rental FABBRINI, FLAVIO P Donations Fund*Direct Payment 950.00 State of the City 2023 Food & Beverage ELITE ATHLETE SERVICES, LLC Donations Fund*Purchase Order 7,475.00 State of the City 2023 Marketing, Advertising, & Printing IN *VISUAL INNOVATIONS GR Donations Fund*P-Card 81.57 State of the City 2023 Marketing, Advertising, & Printing OHTM INC Donations Fund Direct Payment 1,100.00 State of the City 2023 Marketing, Advertising, & Printing SQ *PROJX2PRINT Donations Fund*P-Card 565.50 State of the City 2023 Marketing, Advertising, & Printing WWW.BANNERBUZZ.COM Donations Fund*P-Card 338.64 State of the City 2023 Office/Program Supplies OFFICE DEPOT Donations Fund*P-Card 80.75 State of the City 2023 Photo, Audio & Video GATES, DOUGLAS A Donations Fund*Direct Payment 487.50 State of the City 2023 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund*Purchase Order 6,350.00 State of the City 2023 Professional Services MEXICOACH INC Donations Fund Direct Payment 750.00 State of the City 2023 Total 18,731.20 State of the City 2024 Entertainment CESAR ROMAN PALACIOS Donations Fund Purchase Order 800.00 State of the City 2024 Entertainment JARA, RAMON Donations Fund Direct Payment 2,500.00 State of the City 2024 Equipment Rental ABBEY PARTY RENTS SAN DIE Donations Fund P-Card 392.24 State of the City 2024 Food & Beverage ELITE ATHLETE SERVICES, LLC Donations Fund Purchase Order 10,407.36 State of the City 2024 Marketing, Advertising, & Printing REGIONAL STRATEGIES GROUP, INC Donations Fund Purchase Order 7,000.00 State of the City 2024 Marketing, Advertising, & Printing SQ *PROJX2PRINT Donations Fund P-Card 201.19 State of the City 2024 Photo, Audio & Video GATES, DOUGLAS A Donations Fund Purchase Order 650.00 State of the City 2024 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund Purchase Order 6,500.00 State of the City 2024 Photo, Audio & Video SOBEJANA, GIA Donations Fund Purchase Order 950.00 State of the City 2024 Photo, Audio & Video STEELE, JAMES M Donations Fund Purchase Order 895.00 State of the City 2024 Total 30,295.79 State of the City 2025 Equipment Rental ABBEY PARTY RENTS SAN DIE Donations Fund P-Card 352.24 State of the City 2025 Marketing, Advertising, & Printing SP SDSIGN.COM Donations Fund P-Card 140.50 State of the City 2025 Marketing, Advertising, & Printing SQ *PROJX2PRINT Donations Fund P-Card 303.41 State of the City 2025 Photo, Audio & Video BENDEL MEDIA, INC Donations Fund*Direct Payment 225.00 State of the City 2025 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund Purchase Order 8,752.00 State of the City 2025 Photo, Audio & Video STEELE, JAMES M Donations Fund Purchase Order 998.26 State of the City 2025 Professional Services SHOWBOSS PRODUCTIONS Donations Fund Purchase Order 1,500.00 State of the City 2025 Venue Fees MARRIOTT INTERNATIONAL, INC Donations Fund Purchase Order 23,341.00 State of the City 2025 Total 35,612.41 State of the City 2026 Equipment Rental ABBEY PARTY RENTALS Donations Fund P-Card 377.24 State of the City 2026 Food & Beverage COSTCO WHOLESALE Donations Fund P-Card 75.74 State of the City 2026 Food & Beverage ELITE ATHLETE SERVICES, LLC Donations Fund Purchase Order 11,605.00 State of the City 2026 Food & Beverage ZARZA NAVA, CLAUDIA Donations Fund Direct Payment 129.67 State of the City 2026 Marketing, Advertising, & Printing 711 PRINT ENTERPRISE Donations Fund P-Card 100.05 State of the City 2026 Marketing, Advertising, & Printing PROJX2PRINT Donations Fund P-Card 285.55 State of the City 2026 Marketing, Advertising, & Printing RC AWARDS Donations Fund Direct Payment 312.79 State of the City 2026 Marketing, Advertising, & Printing Southwest Trophy & Awards Donations Fund Direct Payment 164.85 State of the City 2026 Marketing, Advertising, & Printing SP SDSIGN.COM Donations Fund P-Card 238.49 State of the City 2026 Office/Program Supplies OFFICE DEPOT Donations Fund P-Card 50.22 State of the City 2026 Office/Program Supplies Petty Cash Transaction Donations Fund Petty Cash 47.25 State of the City 2026 Office/Program Supplies SMART AND FINAL Donations Fund P-Card 30.73 State of the City 2026 Photo, Audio & Video GATES, DOUGLAS A Donations Fund Purchase Order 776.25 Prepared by the Finance Department 6 of 7 Special Events Report Detail (Expenses)Page 387 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL EXPENSE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Description Category Vendor Name/Transaction Description Fund Expense Processing Method*** Total State of the City 2026 Photo, Audio & Video HAAKON SUNDRY Donations Fund Purchase Order 1,000.00 State of the City 2026 Photo, Audio & Video IMAGINE MEDIA GROUP LLC Donations Fund Purchase Order 7,788.76 State of the City 2026 Photo, Audio & Video STEELE, JAMES M Donations Fund Purchase Order 1,113.00 State of the City 2026 Professional Services VISIONARY EVENTS Donations Fund Contract 5,500.00 State of the City 2026 Event Production ATIENZA, ANTHONY A Donations Fund Purchase Order 500.00 State of the City 2026 Total 30,095.59 State of the City Total 118,438.62 Swearing-In 2022 Entertainment VALENCIA, AARON R.Donations Fund Direct Payment 650.00 Swearing-In 2022 Equipment Rental EXCLUSIVE EVENT, INC.Donations Fund Direct Payment 16,428.80 Swearing-In 2022 Equipment Rental FABBRINI, FLAVIO P Donations Fund Direct Payment 900.00 Swearing-In 2022 Food & Beverage IN *CHEESE ME CHARCUTERIE Donations Fund P-Card 4,915.50 Swearing-In 2022 Food & Beverage WHOLLY FOODS INC Donations Fund Direct Payment 7,159.99 Swearing-In 2022 Marketing, Advertising, & Printing BPI CUSTOM PRINTING, INC Donations Fund Direct Payment 433.00 Swearing-In 2022 Total 30,487.29 Swearing-In 2024 Food & Beverage RUFOLO, RANDY Donations Fund Purchase Order 1,950.00 Swearing-In 2024 Food & Beverage SMART AND FINAL General Fund P-Card 113.88 Swearing-In 2024 Marketing, Advertising, & Printing SQ *PROJX2PRINT General Fund P-Card 107.66 Swearing-In 2024 Total 2,171.54 Swearing-In Total 32,658.83 NOTES Donations Fund expenses consist of Donations/Sponsorships or Behested Payments/Sponsorships. * Prior year General Fund expenses that was reimbursed and funded by the Donation Fund in FY 2026. **** Deposits Fund comprised of donations (Donations Fund created subsequently) ** Special Event data is as of June 2, 2026, and does not include pending invoices or donations for events after that date, including Fourth Fest *** Expense Processing Method reflects how an expense is authorized/paid, including: p‑cards (employee‑issued purchasing credit cards), direct payments (non‑PO payments for low‑value and/or general goods and services), purchase orders (formally issued and approved purchases for higher‑value and/or specific goods and services), and contracts (legally binding agreements defining terms, pricing, scope, and conditions; all contract purchases are made using a purchase order) Prepared by the Finance Department 7 of 7 Special Events Report Detail (Expenses)Page 388 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL REVENUE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Fund Description Category Vendor Name/Transaction Description Total Art Fest 2025 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 5,000.00 Art Fest 2025 Total 5,000.00 Art Fest Total 5,000.00 Boards and Commissions 2023 General Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 1,000.00 Boards and Commissions 2023 General Fund Behested Payments/Sponsorship SEVEN MILE CASINO 1,000.00 Boards and Commissions 2023 Total 2,000.00 Boards and Commissions 2024 Donations Fund Donations/Sponsorship KAZUKOA HARRIS/ COX COMMUNICATIONS INC 1,000.00 Boards and Commissions 2024 Donations Fund Donations/Sponsorship STONES SOUTH BAY CORP SEVEN MILE CASINO 2,500.00 Boards and Commissions 2024 Total 3,500.00 Boards and Commissions 2025 Donations Fund Donations/Sponsorship BANNER BANK 500.00 Boards and Commissions 2025 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 1,000.00 Boards and Commissions 2025 Total 1,500.00 Boards and Commissions Total 7,000.00 El Grito 2023 Donations Fund Donations/Sponsorship NORTHGATE GONZALEZ LLC 1,000.00 El Grito 2023 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 1,000.00 El Grito 2023 Donations Fund Donations/Sponsorship Transfer from State of the City to El Grito (Accounting Correction)1,348.13 El Grito 2023 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS, LLC 1,000.00 El Grito 2023 Donations Fund Behested Payments/Sponsorship CARNIVAL SUPERMARKET 5,000.00 El Grito 2023 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 2,500.00 El Grito 2023 Total 11,848.13 El Grito 2024 Donations Fund Donations/Sponsorship BERNADETTE MAULTSBY 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship CALIFORNIA RESTAURANT ASSOCIATION 1,000.00 El Grito 2024 Donations Fund Donations/Sponsorship CENTRAL DETALLISTA, S.A. DE CV 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship ENERGY COMMUNICATIONS CORP 1,000.00 El Grito 2024 Donations Fund Donations/Sponsorship MAAC 1,000.00 El Grito 2024 Donations Fund Donations/Sponsorship MEXINSURANCE SOLUTIONS INC 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship NORTHGATE GONZALEZ LLC 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship PACIFIC WYYERD LLC 1,000.00 El Grito 2024 Donations Fund Donations/Sponsorship PARADISE VALLEY MARKET INC 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship SAN DIEGO COMMUNITY POWER 1,000.00 El Grito 2024 Donations Fund Donations/Sponsorship SAN DIEGO MARKETS 1,520.00 El Grito 2024 Donations Fund Donations/Sponsorship SUNROAD ASSSET MANAGEMENT INC 2,500.00 El Grito 2024 Donations Fund Donations/Sponsorship UNIVISION MANAGEMENT COMPANY 1,200.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS LLC 2,500.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship CALIFORNIA MEDICAL ADMINISTRATORS, LLC 5,000.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 5,000.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 2,500.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship REPUBLIC SERVICES, INC. (Awin Management Inc.)2,500.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship RIDA CHULA VISTA LLC 5,000.00 El Grito 2024 Donations Fund Behested Payments/Sponsorship SEVEN MILE CASINO 6,000.00 El Grito 2024 Total 51,220.00 El Grito 2025 Donations Fund Donations/Sponsorship LOLITA'S RESTAURANTS, INC 1,000.00 El Grito 2025 Donations Fund Donations/Sponsorship METROPOLITAN AREA ADVISORY COMMITTEE ON 1,000.00 El Grito 2025 Donations Fund Donations/Sponsorship NAMASTE FITNESS INC 1,000.00 El Grito 2025 Donations Fund Donations/Sponsorship NORTHGATE GONZALEZ LLC 1,000.00 El Grito 2025 Donations Fund Donations/Sponsorship THE BALDWIN COMPANY LLC 1,000.00 Prepared by the Finance Department 1 of 4 Special Events Report Detail (Revenue)Page 389 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL REVENUE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Fund Description Category Vendor Name/Transaction Description Total El Grito 2025 Donations Fund Behested Payments/Sponsorship CALIFORNIA MEDICAL ADMINISTRATORS LLC 5,000.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 1,000.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 2,500.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship REPUBLIC SERVICES INC 2,500.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship SAN DIEGO COMMUNITY POWER 3,000.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship SAN YSIDRO HEALTH 3,000.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship SEVEN MILE CASINO 4,000.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship THE BALDWIN COMPANY, LLC 1,500.00 El Grito 2025 Donations Fund Behested Payments/Sponsorship WELLHEAD SERVICES INC 5,000.00 El Grito 2025 Total 32,500.00 El Grito 2026 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 1,000.00 El Grito 2026 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 2,500.00 El Grito 2026 Total 3,500.00 El Grito Total 99,068.13 Fourth Fest 2024 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 10,000.00 Fourth Fest 2024 Total 10,000.00 Fourth Fest 2025 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 10,500.00 Fourth Fest 2025 Total 10,500.00 Fourth Fest Total 20,500.00 South Bay Earth Day 2023 Environmental Services Donations/Sponsorship San Diego Unified Port District 60,000.00 South Bay Earth Day 2023 General Fund Donations/Sponsorship MACFARLANE PROMOTIONS, INC 5,425.04 South Bay Earth Day 2023 General Fund Donations/Sponsorship SAN DIEGO COMMUNITY POWER 5,000.00 South Bay Earth Day 2023 Total 70,425.04 South Bay Earth Day 2024 Environmental Services Donations/Sponsorship San Diego Unified Port District 60,000.00 South Bay Earth Day 2024 Total 60,000.00 South Bay Earth Day 2025 Environmental Services Donations/Sponsorship San Diego Unified Port District 65,000.00 South Bay Earth Day 2025 Total 65,000.00 South Bay Earth Day Total 195,425.04 Starlight Parade 2022 Donations Fund Donations/Sponsorship SDGE 3,500.00 Starlight Parade 2022 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 5,000.00 Starlight Parade 2022 Donations Fund Donations/Sponsorship VISTA PROPERTY HOLDINGS LLC 10,000.00 Starlight Parade 2022 Total 18,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship BERNADETTE MAULTSBY 3,000.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship CALIFORNIA CREDIT UNION 1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship CHULA VISTA POLICE RELIEF ASSOCIATION 1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship COMMUNITY HEALTH GROUP 3,000.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship LOLITA'S RESTURANTS INC.1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship MARINE GROUP BOAT WORKS 1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship MCFARLANE PROMOTIONS INC.2,380.75 Starlight Parade 2023 Donations Fund Donations/Sponsorship NEIGHBORHOOD NATIONAL BANK 1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship NORTH C.V. WATERFRONT L.P.6,000.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship SAN DIEGO COMMUNITY POWER 1,500.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship San Diego Unified Port District 5,000.00 Starlight Parade 2023 Donations Fund Donations/Sponsorship SDGE 5,000.00 Starlight Parade 2023 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS, LLC 5,000.00 Starlight Parade 2023 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 5,000.00 Prepared by the Finance Department 2 of 4 Special Events Report Detail (Revenue)Page 390 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL REVENUE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Fund Description Category Vendor Name/Transaction Description Total Starlight Parade 2023 Donations Fund Behested Payments/Sponsorship STONES SOUTH BAY CORP.20,000.00 Starlight Parade 2023 Donations Fund Behested Payments/Sponsorship VULCAN MATERIALS COMPANY 5,000.00 Starlight Parade 2023 Donations Fund Behested Payments/Sponsorship MILLENIA 2022, LLC (Meridian LLC)7,500.00 Starlight Parade 2023 Total 75,880.75 Starlight Parade 2024 Donations Fund Donations/Sponsorship BERNADETTE MAULTSBY 3,000.00 Starlight Parade 2024 Donations Fund Donations/Sponsorship CHULA VISTA POLICE RELIEF ASSOCATION 2,000.00 Starlight Parade 2024 Donations Fund Donations/Sponsorship REBULIC SERVICES 2,000.00 Starlight Parade 2024 Donations Fund Donations/Sponsorship SOUNDSKILZ INC 48,086.06 Starlight Parade 2024 Donations Fund Donations/Sponsorship STONES SOUTH BAY CORP 20,000.00 Starlight Parade 2024 Donations Fund Behested Payments/Sponsorship RIDA CHULA VISTA LLC 5,000.00 Starlight Parade 2024 Total 80,086.06 Starlight Parade 2025 Donations Fund Donations/Sponsorship COMMUNITY HEALTH GROUP 5,000.00 Starlight Parade 2025 Donations Fund Donations/Sponsorship KAZUKOA HARRIS/ COX COMMUNICATIONS INC 1,500.00 Starlight Parade 2025 Donations Fund Donations/Sponsorship LOLITA'S RESTAURANTS, INC 1,500.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 15,000.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship REPUBLIC SERVICES INC 5,000.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship SAN DIEGO COMMUNITY POWER 2,500.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship SAN YSIDRO HEALTH 2,500.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship STONES SOUTH BAY CORP.20,000.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship THE BALDWIN COMPANY LLC 5,000.00 Starlight Parade 2025 Donations Fund Behested Payments/Sponsorship WELLHEAD SERVICES INC 10,000.00 Starlight Parade 2025 Total 68,000.00 Starlight Parade 2026 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 5,000.00 Starlight Parade 2026 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 10,000.00 Starlight Parade 2026 Total 15,000.00 Starlight Parade Total 257,466.81 State of the City 2023 Donations Fund Donations/Sponsorship Transfer from State of the City to El Grito (Accounting Correction)(1,348.13) State of the City 2023 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS, LLC 3,000.00 State of the City 2023 Donations Fund Behested Payments/Sponsorship CARNIVAL SUPERMARKET 5,000.00 State of the City 2023 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 2,500.00 State of the City 2023 Donations Fund Behested Payments/Sponsorship SEVEN MILE CASINO 5,000.00 State of the City 2023 Total 14,151.87 State of the City 2024 Donations Fund Donations/Sponsorship COX COMMUNICATIONS, INC.1,000.00 State of the City 2024 Donations Fund Donations/Sponsorship GAFCON, INC 1,000.00 State of the City 2024 Donations Fund Donations/Sponsorship Millenia 2022, LLC 5,500.00 State of the City 2024 Donations Fund Donations/Sponsorship NEIGHBORHOOD NATIONAL BANK 3,000.00 State of the City 2024 Donations Fund Donations/Sponsorship NORTH C.V. WATERFRONT L.P.5,000.00 State of the City 2024 Donations Fund Donations/Sponsorship SDGE 1,500.00 State of the City 2024 Donations Fund Donations/Sponsorship SEVEN MILE CASINO 2,000.00 State of the City 2024 Donations Fund Donations/Sponsorship SILVERGATE DEVELOPMENT LLC 1,000.00 State of the City 2024 Donations Fund Donations/Sponsorship Transfer from State of the City to Starlight (Accounting Correction)(5,000.00) State of the City 2024 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS, LLC 3,000.00 State of the City 2024 Donations Fund Behested Payments/Sponsorship HomeFed Village 8, LLC 5,000.00 State of the City 2024 Donations Fund Behested Payments/Sponsorship REPUBLIC SERVICES, INC. (Awin Management Inc.)3,000.00 State of the City 2024 Donations Fund Behested Payments/Sponsorship RIDA CHULA VISTA LLC 5,000.00 State of the City 2024 Donations Fund Behested Payments/Sponsorship SEVEN MILE CASINO 10,000.00 Prepared by the Finance Department 3 of 4 Special Events Report Detail (Revenue)Page 391 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY OF CHULA VISTA SPECIAL EVENTS REPORT DETAIL REVENUE REPORT EVENT YEAR: 2022-2026 (AS OF JUNE 2026)** Special Event Name Event Year Fund Description Category Vendor Name/Transaction Description Total State of the City 2024 Total 41,000.00 State of the City 2025 Donations Fund Donations/Sponsorship KAZUKOA HARRIS/ COX COMMUNICATIONS INC 1,000.00 State of the City 2025 Donations Fund Donations/Sponsorship LOLITAS RESTAURANTS INC 1,000.00 State of the City 2025 Donations Fund Donations/Sponsorship NEIGHBORHOOD NATIONAL BANK 1,500.00 State of the City 2025 Donations Fund Donations/Sponsorship PACIFIC WYYERD LLC 2,500.00 State of the City 2025 Donations Fund Behested Payments/Sponsorship BALDWIN & SONS, LLC 5,000.00 State of the City 2025 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 5,000.00 State of the City 2025 Donations Fund Behested Payments/Sponsorship STONES SOUTH BAY CORP DBA SEVEN MILE CAS 10,000.00 State of the City 2025 Total 26,000.00 State of the City 2026 Donations Fund Donations/Sponsorship LOLITA'S RESTAURANTS, INC 1,500.00 State of the City 2026 Donations Fund Donations/Sponsorship NEIGHBORHOOD NATIONAL BANK 1,500.00 State of the City 2026 Donations Fund Donations/Sponsorship Pacific Wyyerd, LLC 3,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship CHULA VISTA ENERGY CENTER 2 LLC (Wellhead Electric Company, Inc.)5,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship COMMUNITY HEALTH GROUP 1,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship HOMEFED VILLAGE 8 LLC 3,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship KAZUKOA HARRIS/ COX COMMUNICATIONS INC 5,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship STONES SOUTH BAY CORP 10,000.00 State of the City 2026 Donations Fund Behested Payments/Sponsorship THE BALDWIN COMPANY, LLC 5,000.00 State of the City 2026 Total 35,000.00 State of the City Total 116,151.87 Swearing-In 2022 Donations Fund Donations/Sponsorship COX COMMUNICATIONS 1,500.00 Swearing-In 2022 Donations Fund Donations/Sponsorship GW CONSTRUCTION 2,500.00 Swearing-In 2022 Donations Fund Behested Payments/Sponsorship HomeFed Corporation 5,000.00 Swearing-In 2022 Donations Fund Behested Payments/Sponsorship LE03- AWIN MANAGEMENT INC 5,000.00 Swearing-In 2022 Donations Fund Behested Payments/Sponsorship MARCH AND ASH NIRVANA, INC 10,000.00 Swearing-In 2022 Donations Fund Behested Payments/Sponsorship SDGE 4,000.00 Swearing-In 2022 Donations Fund Behested Payments/Sponsorship SEVEN MILE CASINO 5,000.00 Swearing-In 2022 Total 33,000.00 Swearing-In Total 33,000.00 ** Special Event data is as of June 2, 2026, and does not include pending invoices or donations for events after that date, including Fourth Fest Prepared by the Finance Department 4 of 4 Special Events Report Detail (Revenue)Page 392 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 393 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 394 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 395 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Note: The City of Chula Vista cannot guarantee future funding for repair, maintenance, use or replacement of donated items. CC: City Council, Finance Department, City Manager’s Office Page 1 of 2 CITY OF CHULA VISTA DONATION ACCEPTANCE FORM Name of donor: ________________________________________________________________ Address:____________________________ City:______________ State:_______ Zip:________ Description of donation:__________________________________________________________ Donor estimate of current value:____________________________________________________ Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement cost:_______________________________________________________________ Intended use:___________________________________________________________________ Conditions of acceptance or donor designation:________________________________________ Remarks:______________________________________________________________________ City department receiving donation:_________________________________________________ APPROVED / DISAPPROVED Date Department Head’s Signature Date City Manager’s Signature Date Submitted to Council Date Approved by Council Date Mayor’s Signature Page 396 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Page 2 of 2 CITY OF CHULA VISTA DONATION AND GIFT POLICY ACKNOWLEDGEMENT I have received and read the City of Chula Vista’s Donation and Gift Policy and understand its provisions. I further understand that when I sign this acknowledgement form, it will be placed in my personnel file. Employee (PRINT NAME) Signature Date Page 397 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda CITY COUNCIL POLICIES POLICY NAME: City Identification Program: Use of Seal and Logo POLICY NUMBER: 100-01 Effective Date: 08/06/1985 Last Revised Date: 09/23/2025 Status: Active Page: 1 of 3 I.BACKGROUND On August 6, 1985, the City Council adopted a new City seal and a new City logo. On September 13, 2005, the City Council approved an acceptable alternative version of the City logo to accommodate horizontal layouts. These symbols of the City form the basis for a comprehensive identification program, which includes consistent use of the City’s seal and logos. The identification program is intended to present a unified, positive impression that is readily recognizable. Proper implementation of the City’s identification program should eliminate uncoordinated or unauthorized representations of the City, such as various graphic symbols, designs, layouts, and colors. A “Graphic Standards” handbook provides detailed information on the proper use of both versions of the logo. The City Manager or their designee will update the Graphic Standards handbook as needed to maintain the integrity of the City’s identification program. The City Seal is a symbol of the City's authority and integrity. Its use must be strictly controlled to maintain its sanctity and ensure it represents the official actions and interests of the City. By law, the City Seal is maintained by the City Clerk as part of the official duties and responsibilities of the office (California Government Code section 40801 and Chula Vista Charter section 502). The City Seal serves as an official mark of the city and is used to authenticate and validate official documents, such as resolutions, ordinances, contracts, and other legal and administrative documents. The City Clerk’s role in maintaining the seal ensures that it is used properly and consistently in accordance with the city's rules and legal requirements. By keeping the seal in their possession, the City Clerk ensures its security and proper use, and that it is not misused or forged. This responsibility is part of the City Clerk’s broader role in maintaining public records and ensuring that the City’s official documents are properly handled and archived. II.PURPOSE The purpose of this policy is to provide guidelines for the implementation of the City’s identification program and consistent uses of the official logos and seal. III.POLICY The City Council establishes the following policy concerning all uses of the City’s seal and logos: Page 398 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Exhibit 1 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: City Seal 1. Authorized Use a. The City Seal shall be used exclusively for official city purposes, including but not limited to: i. Authentication of official documents (e.g., ordinances, resolutions, contracts, and other legal instruments). ii. Certifications of official actions by the City Council, City Manager, and other authorized officials. iii. Correspondence, proclamations, and other documents that require formal recognition of the City’s authority. b. The City Seal may also be used for: i. Apparel: Official clothing provided for the exclusive use of elected officials, executive staff, and staff assigned to elected offices, including but not limited to jackets, shirts, and other items worn at official functions or events. ii. Business Cards: Business cards for elected and appointed officials, where the Seal is used to represent the official capacity of the individual. iii. City Stationery: Letterheads, envelopes, and other official City stationery for use in correspondence and communications that are conducted in the official capacity of the City. c. Except as otherwise expressly provided in this policy, the City Seal may only be affixed to documents by the City Clerk, or other individuals expressly authorized by the City Clerk, in accordance with this policy. 2. Prohibited Use and Alteration a. The City Seal may not be used for any unofficial, personal, or commercial purposes. b. The official City Seal graphic files must not be altered, modified, or edited in any way. This includes changes to the proportions, colors, design elements, or text of the Seal. The City Seal must remain intact and unmodified in its original form for all official uses. c. Unauthorized use of the City Seal on materials, communications, or events that do not serve the interests of the City or its government functions is prohibited. 3. Exceptions a. Exceptions to the allowable use of the City Seal may be granted under specific circumstances. All requests for exceptions must be submitted in writing to the City Clerk, detailing the purpose and intended use of the City Seal. The City Clerk will review and seek approval from the City Council or City Manager before granting an exception. City Logo 1. Authorized Use a. Except for specific ceremonial uses of the City Seal, the City logos will be the sole identifying symbol used on official City stationery, signage, vehicles, and other items appropriate for City identification. Page 399 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Exhibit 1 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: b. The City logo must be the primary visual identifier for the City in all materials, replacing the use of the City Seal in most contexts, with the exception of ceremonial uses and other uses provided for in this policy. 2. Consistency in Logo Usage a. Use of the logos will be consistent Citywide, including size, associated typeface styles, layout, colors, and all other related design elements, as indicated in the handbook. b. The logo must always be in accordance with the standards outlined in the Graphic Standards Handbook to preserve its visual integrity. 3. Use for City Departments and Divisions a. The City logo may be used to identify specific City departments, divisions, etc., using a standardized format and typeface outlined in the Graphic Standards Handbook. b. Departments must use the approved standard City logo. Any request for a department-specific logo must be submitted to the Communications Division for City Manager’s review and approval. Departments are not authorized to create or use logos outside of this process. 4. Approval Process a. All proposed uses of the logos will require approval by the City Manager or their designee before implementation. Individual business cards, City stationery, signage and all other materials containing the logos and seal must conform to the standards of the identification program. Copyright Protection 1. The City Attorney will secure and maintain current copyrights for the logos and seal to protect the City from unauthorized use. The City logo copyright was obtained on June 6, 2017, renewed on December 7, 2023, and in effect until December 2027. HISTORY DATE ACTION RESOLUTION NO. Page 400 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda GRAPHIC STANDARDS Page 401 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda City Logo The logo is the visual manifestation of the City of Chula Vista’s marketing strategy. The purpose of the logo is to deliver a consistent, specific, and positive impression of the City through all communications to the public. The City of Chula Vista implemented its logo in August, 1985. The symbol characterizes the natural elements that make Chula Vista unique. The sun radiates warmth in the mountainous regions of the east while ocean waves in the foreground capture the essence of Chula Vista’s scenic bayfront. The successful branding of the City of Chula Vista logo will be accomplished with the correct, consistent and uniform use of the City’s identity. All employees and vendors developing collateral, signage and other materials must observe the graphic standards outlined in this handbook. Strict adherence to the principles outlined in the following pages will ensure that the City’s image remains identifiable, unique and unadulterated. These logo specifications are intended to be basic and, while not attempting to elaborate extensively on technical detail, they do offer sufficient information to prevent the incorrect use of the City logo. Established August 1985: The City of Chula Vista logo The City logo will be the sole identifying symbol used on City stationery, signage, vehicles, and other collateral or items appropriate for City identification. Page 402 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda The best possible representation of the City of Chula Vista logo must be achieved in order to maintain the consistency of visual identification. The symbol is the artistically rendered component of the logo. The symbol should NEVER be used alone. The logotype consists of the words "CITY OF" that follow the symbol when forming the City of Chula Vista signature. The wordmark is the hand-rendered, letterforms that work together to communicate the city name, "CHULA VISTA." The City of Chula Vista logotype and wordmark have both been specially kerned, meaning that the letterspacing has been adjusted manually for the best possible appearance. No other fonts or letterforms can be substituted. Additionally, all three elements of the logo have been strategically placed in the space relative to one another. Symbol Logotype Wordmark Page 403 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Primary Logo PRIMARY LOGO The City of Chula Vista logo can be thought of as a "leave behind" in the memory bank of the viewer, as it is the first real visual impression that is made. It helps to brand the City's identity by providing an image to help viewers associate with the name. This unique graphic expression of individuality is to the City what a handwritten signature is to a person. Therefore, the logo must always be consistent in appearance and color. ALTERNATIVE HORIZONTAL LOGO The primary logo should be used in most cases, however, there will be times when the imprint area will lend best to the horizontal logo. When the size of the primary logo is compromised because it would be proportionally reduced too much in order to fit within the space (and still adhere to clear space), it is permissable to use the alternative horizontal logo. The same basic graphic standards apply to the horizontal logo as the primary logo. Alternative Horizontal Logo Page 404 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EXAMPLES Primary Logo (USED CORRECTLY)Alternative Horizontal Logo (USED CORRECTLY) NEVER resize any of the elements in the logo. NEVER re-typeset the logotype or wordmark in a different font. NEVER use the symbol alone. NEVER rearrange the elements in the logo. NEVER leave off an element of the logo. CITY OF CHULA VISTA NEVER re-typeset the logotype or wordmark in a different font. CITY OF CHULA VISTA Page 405 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda Logo Colors Color provides a powerful means of visual recognition. The City of Chula Vista has chosen one specific PMS (Pantone Matching System) color: 294. Other colors can also be used to provide flexibility. If the color is not PMS 294, the chosen color must blend well into the specific layout or match the color scheme of each piece. Navy Pantone 294 Black Green Pantone 349 Background Colors As with the City of Chula Vista signature, the background color should also be treated with a great deal of visual respect, as it assists in providing a clean, consistent space in which the signature is to be placed. When all colors are successfully applied together, the City's graphic identity creates more impact. Background colors should always compliment the signature, but never compete. It is important that the City of Chula Vista signature be placed on a background color that allows it to stand out. DARK BackgroundsLIGHT Backgrounds Examples: Examples: Page 406 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda EXAMPLES Logo color needs to stand out on light backgrounds.Burgundy is fine to use, but the color tends to be a challenge to print. NO outlines. NO dropshadows. The entire signature must be in the same color. Signature Colors Background Color s Logo color needs to stand out on dark backgrounds. Page 407 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda In order to command attention, the City of Chula Vista signature must always have a certain amount of clear space around it. It should not be crowded or overwhelmed by other elements competing for the space. If placed within a cluttered environment, the logo's message risks becoming obscured and insignificant. As a general rule, make the amount of clear space even larger when possible. The required minimum clear space can be measured in relation to the height of the symbol "x". The clear space around the City of Chula Vista signature requires at least 1/2x of space surrounding the entire signature: top and bottom; left and right. Clear Space around Secondary Signature: Note that the size of the symbol remains consistent. 1/2x 1/2x 1/2x 1/2x Clear Space around Primary Signature: x 1/2x 1/2x 1/2x 1/2x 1/2x Page 408 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 1 Brand Style Guide | April 2026 Page 409 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 2 Page 410 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 3 City of Chula Vista Logo Horizontal Logo Reversed Logo Minimum Size Primary Logo Minimum Size Minimum print size 0.5 inch wide Minimum digital size 36 pixels wide. Minimum print size 0.75 inch wide. Minimum digital size 54 pixels wide. For use on dark or high-contrast backgrounds. The City of Chula Vista logo represents the city’s connection to its coastal setting, vibrant community, and forward-looking spirit. The mark reflects movement and balance, symbolizing growth, inclusivity, and Chula Vista’s role as a gateway between land, bay, and people. The logo is available in both horizontal and vertical configurations, allowing flexibility across a wide range of applications. The primary full-color version should be used whenever possible on clean, light backgrounds to maintain clarity and recognition. One-color and reversed versions are provided for use on darker backgrounds, photography, or situations where color reproduction is limited. Consistent and correct use of the logo helps ensure a unified and recognizable visual identity for the City of Chula Vista across all communications. For additional guidance on the proper use of the City of Chula Vista logo, including holiday and celebratory usage, please consult the companion Graphic Standards Handbook: Using the Logo Properly. Page 411 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 4 Incorrect Usage Examples Consistent logo usage helps maintain a strong and recognizable identity for the City of Chula Vista. The examples below show incorrect applications of the logo and should not be used. The logo should only appear in the approved brand colors and must not be altered. Do not stretch, compress, rotate, recolor, or add effects to the logo. The logo should also not be placed on backgrounds that reduce legibility or interfere with its visibility. Maintaining these standards ensures the City’s identity remains clear, professional, and consistent across all communications. Any Department Name Page 412 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 5 Color Palette Primary Colors Text Color Text Color Alternative HEX: RGB: CMYK: PANTONE: CMYK: RGB: HEX: CMYK: RGB: HEX: #004280 0, 66, 128 100, 83, 23, 7 PMS 294C 0, 0, 0, 100 0, 0, 0 #00000 0, 0, 0, 85 77, 77, 79 #4d4d4f City Blue #008540 0, 133, 66 88, 23, 100, 10 Valley Verde #FBC310 251, 195, 16 2, 24, 99, 0 PMS 130 South Bay Citrus #0BABE3 11, 171, 227 72, 14, 0, 0 PMS 2995 Bayfront Aqua #D5278A 213, 39, 138 12, 96, 4, 0 PMS 227 Fiesta Magenta The primary color palette reflects Chula Vista’s identity — coastal, vibrant, and community-driven. These core colors represent the city’s natural environment, civic leadership, and cultural energy. They provide a consistent visual foundation across all communications and should be used as the dominant colors in city materials. For external-facing materials, 85% Charcoal Gray should be used as the primary text color. Black may be used when additional contrast is needed to ensure accessibility or when text appears on darker or complex backgrounds. For internal documents (such as agendas, meeting minutes, presentations, and working materials), black text may be used as the default for clarity and ease of production. t t Page 413 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 6 Color Palette Secondary and Supporting Colors Secondary and Supporting Colors are used to complement the primary color palette and add flexibility to City of Chula Vista communications. These colors should be applied sparingly as accents, highlights, or supporting elements, and only when they enhance clarity or relate directly to the content or subject matter. HEX: RGB: CMYK: #8E453E 142, 69, 62 31, 78, 72, 26 Mission Brick #A9B5A3 169, 181, 179 35, 21, 27, 0 Foothill Sagebrush #19A4A7 25, 164, 167 77, 14, 37, 0 Marina Teal Page 414 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 7 Color Origins From Place to Palette Chula Vista’s color palette is rooted in the City’s natural environment, cultural energy, and coastal setting. Colors were developed through a visual exploration of local landscapes, including the bayfront, wetlands, foothills, and community life, translating these place-based references into a flexible and recognizable civic color system. The color palette was developed through a place-based design process. Reference photography of Chula Vista’s natural and cultural environments—such as the bayfront, wetlands, foothills, parks, sunsets, and community events—was gathered and analyzed to identify recurring hues and tonal relationships. Key colors were sampled from these images and refined for consistency, contrast, and accessibility across digital, print, and environmental applications. The final palette balances civic reliability with community warmth, ensuring flexibility for City departments while maintaining a cohesive visual identity anchored by City Blue. Page 415 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 8 Primary colors should be used prominently in layouts to establish a clear and recognizable brand presence. Accent colors should be used sparingly to draw attention to key elements such as icons, callouts, or important information. In most layouts, one accent color is recommended to maintain clarity and visual balance. Neutral colors help maintain clarity and readability. Charcoal Gray should be used for most typography, while white should remain the primary background color across City communications. Light tints of Foothill Sagebrush may be used selectively for background panels or section dividers when subtle visual separation is needed. Black may be used when additional contrast is required. Lighter and darker shades of primary and secondary colors can be achieved by adjusting brightness or value when higher contrast or softer backgrounds are needed. Avoid using too many colors within a single layout. Color Usage Recommended Color Balance: 60/30/10 Low contrast combinations — use with care Neutral Backgrounds / Text Accent Colors Highlights / Emphasis Primary Color Brand Identity 60% 10% 30% Primary and secondary colors may be paired to create visual interest. However, colors with similar tone and value should be used carefully, as they can compete and reduce visual clarity when placed directly next to each other. Avoid using these combinations as primary pairings for text, backgrounds, or key interface elements. Fiesta Magenta Mission Brick Valley Verde Marina Teal These color combinations may still be used effectively when: • Applied in gradients • Used in large background areas • Separated with white or neutral space • Supporting event, cultural, or expressive materials Page 416 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 9 • Lorem ipsum dolor sit amet, consectetuer • Duis aute irure dolor in Color Usage Best Practices Effective Color Hierarchy & Contrast Effective Accent Usage Ineffective Color Hierarchy & Contrast Ineffective Accent Usage Anchor layouts with City Blue City Blue is the primary anchor color for the City of Chula Vista and should be used prominently in layouts to establish a strong and recognizable brand presence. Use one primary color per layout Select a single primary color to anchor the design. Other colors from the palette should be used as supporting accents rather than competing focal points. Use accent colors sparingly Accent colors should highlight key information, icons, or calls to action without overwhelming the layout. Prioritize readability Ensure sufficient contrast between text and background colors. Neutral backgrounds and dark text help maintain clarity and accessibility. CITY PROGRAM UPDATE TITLE HERETITLE HERE Body text in charcoal gray explaining content • Lorem ipsum dolor • Duis aute irure dolor in Body text in charcoal gray explaining content Learn More Learn More KEY HIGHLIGHT Sub headingCITY PROGRAM UPDATE Page 417 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 10 Color Contrast Requirements The City of Chula Vista is committed to ensuring that all communications are accessible to the public. Materials should follow accessibility best practices to support individuals with visual, cognitive, and physical disabilities. Designers and staff should prioritize clarity, legibility, and sufficient contrast when creating print and digital materials. Color Contrast Text and background colors must provide sufficient contrast to ensure readability. When using color combinations, ensure that content remains clear for individuals with low vision or color vision deficiencies. As a general guideline: • Use dark text on light backgrounds whenever possible. • Avoid placing text on busy images or low-contrast backgrounds. • Use accent colors carefully so that they do not reduce readability. • White backgrounds with Charcoal Gray or black text are recommended for most City communications. • Text should meet a minimum contrast ratio of 4.5:1 for normal text. An ADA accessibility tool, such as webaim.org/resources/ contrastchecker, should be consulted before finalizing any design to ensure necessary contrast and compliance. Yellow Text on White or Light Backgrounds Charcoal gray or black text on white background Accessible brand color pairs that meet a contrast ratio of 4.5:1 Page 418 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 11 Color Application Examples These examples demonstrate how the brand colors may be applied across layouts and marketing materials. This is intended as visual guidance only and should not be interpreted as fixed templates. Page 419 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 12 Bay Gradient City Blue -> Marina Teal Recommended Gradients Gradients may be used sparingly to introduce depth and visual interest within City communications. The City Blue gradient should be used as the primary gradient treatment, reinforcing the City’s visual identity. Supporting gradients may combine complementary colors from the approved palette. Gradients should remain simple and accessible, avoiding overly complex transitions or combinations that reduce readability. Text should not be placed directly on gradients unless sufficient contrast is maintained. Main Gradient Festival Gradient Coastal Gradient Energy Gradient Nature Gradient Soft Background Gradient Secondary Gradient Supporting Gradients Background Gradient City Blue Gradient City Blue -> Bayfront Aqua City Blue -> Fiesta Magenta White -> Foothill Sagebrush (15%) Southbay Citrus -> Fiesta Magenta Valley Verde -> Marina Teal Bayfront Aqua -> Marina Teal Page 420 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 13 Typography The City of Chula Vista typography system is composed of three complementary typefaces that support clarity, accessibility, and visual consistency. Together, these fonts create a flexible hierarchy for headlines, subheads, and body copy across all city communications. Source Sans 3 is the preferred typeface for headlines. Its clean, contemporary sans-serif design provides clarity, approachability, and strong visual presence across City of Chula Vista communications. Designed for versatility across both print and digital platforms, Source Sans 3 supports a modern, accessible civic voice. Source Sans 3 is an open-source typeface available through Google Fonts and Adobe Fonts. Roboto is the primary typeface for body copy and digital applications. Designed for readability across screen sizes, it supports clear and accessible communication in both print and web-based City of Chula Vista materials. Roboto is an open-source typeface available through Google Fonts. Libre Baskerville is used as a supporting typeface for emphasis, long-form content, or editorial applications, as well as for ceremonial and legal documents. Its classic serif design adds contrast and warmth while maintaining readability, making it suitable for select headlines, pull quotes, or formal publications. Libre Baskerville is an open-source typeface available through Google Fonts. Source Sans 3 Roboto Libre Baskerville ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 012345789@#$%&* ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 012345789@#$%&* ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 012345789@#$%&* Page 421 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 14 Typography in Practice It’s known for its beautiful views and outdoor recreational opportunities. The city offers a diverse landscape with over 52 square miles of coastal scenery, parks, and trails, making it a great destination for outdoor enthusiasts. From the scenic bayfront to the rolling hills of the eastern neighborhoods, Chula Vista provides residents and visitors with opportunities to explore nature, enjoy outdoor recreation, and experience the region’s unique coastal environment. Chula Vista is the second-largest city in San Diego County A diverse, forward-looking city shaped by its vibrant people. Libre Baskerville Source Sans 3 Source Sans 3 Roboto Page 422 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 15 Libre Baskerville ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 012345789@#$%&* Official and Ceremonial Font Edwardian Script is reserved exclusively for official legal and ceremonial documents for the City of Chula Vista, including proclamation letters, certificates, and formal recognitions. It is used selectively for ceremonial emphasis—such as titles, introductory lines, names, or signatures—and should remain limited and intentional to preserve clarity and dignity. Libre Baskerville is a supporting serif typeface used across City communications to add contrast, emphasis, and hierarchy. In ceremonial and legal documents, it serves as the primary typeface for body text and formal language. In standard applications, Libre Baskerville may also be used for callouts, pull quotes, or highlighted text where a more traditional or authoritative tone is appropriate. When paired with other approved fonts, it enhances readability while maintaining a refined civic character. Edwardian Script A B C D E abcdefghijklmnopqrstuvwxyz 012345789@#$%&* Page 423 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 16 The visual direction for photography is rooted in the essence of the City of Chula Vista, our connection to the bay, valleys and foothills, our diverse neighborhoods, and our vibrant community life. While the range of subject matter is broad, the goal is to maintain a consistent, high-quality representation of the City that feels authentic, welcoming, and civic-forward. Photography should emphasize clarity, warmth, and a sense of place. Images should feel clean, approachable, and naturally colorful, with attention to spacing, depth, and a clear focal point. Images should avoid visual clutter. Use a limited number of subjects in each frame, allowing the environment or activity to remain the focus. When people are included, they should appear in sincere, natural moments that reflect real interactions and lived experiences within the city. Avoid posed or overly styled scenes that do not reflect real life. Whenever possible, photograph subjects within recognizable Chula Vista environments to reinforce a strong sense of place. Lighting should be even and natural, with subjects appearing open and approachable. Event imagery should always feature a clear focal point that communicates the purpose and energy of the event. Avoid crowding multiple subjects or messages into a single image. Focus on moments of engagement, connection, and community participation. Project and infrastructure images should feel optimistic and forward- looking. Whenever possible, photograph projects during favorable lighting conditions and include people in the scene to create a human connection and sense of scale. Images should highlight color, context, and how the project supports everyday life in Chula Vista. Imagery Direction Authentic Sincere Natural Vibrant Inclusive Page 424 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda 17 Using the Office of Communications Request Form To ensure consistent, accurate and timely messaging, please submit a Communications Request Form on SharePoint if you are: • Creating or updating marketing or outreach materials (flyers, brochures, posters, banners, social media graphics or other branded materials) • Requesting or using the City logo, seal or brand elements • Preparing presentations or reports for public meetings, conferences or external audiences • Requesting inclusion in the Community Connection newsletter • Planning community events, campaigns or announcements • Responding to media inquiries, issuing public statements or needing a news release Please contact Communications early with information about your project to help avoid revisions, delays or rework later. We’re Here to Help For assistance or questions, contact: communications@chulavistaca.gov Page 425 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda MONTH NAME OF EVENT DEPARTMENT OR PROGRAM LEAD PROPOSED EVENT CATEGORY January Human Relations Commission Awards Ceremony City Manager's Office - Human Relations Commission Civic February Black History Month Flag Raising City Manager's Office - Human Relations Commission Civic March Women’s History Month City Manager's Office - Human Relations Commission Civic Spring Easter Egg Hunt Fire Department Department Spring State of the City Office of the Mayor Civic April Arab American Heritage Month City Manager's Office - Human Relations Commission Civic April South Bay Earth Day City Manager's Office - Public Works Department/Office of Sustainability Signature May AAPI Heritage Month City Manager's Office - Human Relations Commission Civic May Jewish American Heritage Month City Manager's Office - Human Relations Commission Civic June Juneteenth Flag Raising City Manager's Office - Human Relations Commission Civic June Pride Month Flag Raising City Manager's Office - Human Relations Commission Civic Summer Annual Boards & Commissions Recognition Event Office of the Mayor Civic July Fourth Fest City Manager's Office Signature August HarborFest City Manager's Office Signature August National Night Out Police Department Department September ArtFest City Manager's Office - Library Department Signature September El Grito Office of the Mayor Signature September Hispanic Heritage Month City Manager's Office - Human Relations Commission Civic Fall Champions Run 5k Parks & Recreation Department Department October Beautify Chula Vista Public Works Department/Office of Sustainability Department October Disability Awareness Month City Manager's Office - Human Relations Commission Civic October Filipino American History Month & Flag Raising City Manager's Office - Human Relations Commission Civic October Indigenous Peoples Day Flag Raising City Manager's Office - Human Relations Commission Civic November Native American Heritage Month City Manager's Office - Human Relations Commission Civic November Veterans Day City Manager's Office - Human Relations Commission Civic December Starlight Parade & Festival Office of the Mayor/City Manager's Office Signature LIST OF REOCCURING CITY EVENTS Page 426 of 426 City of Chula Vista - City Council July 28, 2026 City Council Agenda