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Home My WebLink About2017-04-25 Agenda PacketApril 25, 2017CityCouncilAgenda PRESENTATION OF A PROCLAMATION TO RUTH GOLDSCHMIEDOVA SAX IN RECOGNITION OF APRIL 23-24, 2017 AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST IN THE CITY OF CHULA VISTA 17-0147E. PRESENTATION BY LUANNE HULSIZER, EXECUTIVE DIRECTOR OF THIRD AVENUE VILLAGE ASSOCIATION TAVA), REGARDING THE SUCCESS OF PARTNERSHIPS AND COLLABORATIONS WITH THE CITY OF CHULA VISTA AND THE COMMUNITY, AND AN OVERVIEW OF TAVA'S PAST-YEAR ACTIVITIES AND EVENTS 17-0149F. RECOGNITION OF CHRISTINE MOORE FOR HER SERVICE TO THE CITY OF CHULA VISTA 17-0159G. PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN GOOGINS PROCLAIMING MONDAY, MAY 1, 2017 AS LAW DAY IN THE CITY OF CHULA VISTA 17-0165H. CONSENT CALENDAR (Items 1 - 4) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of April 11, 2017.17-01641. Council approve the minutes. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL CODE CHAPTER 5.53, “STATE VIDEO FRANCHISES” 17-01482. City Attorney & FinanceDepartment: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 2CityofChulaVista Printed on 4/20/2017 April 25, 2017CityCouncilAgenda D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE APRIL 28, 2017 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Human Resources DepartmentDepartment: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolutions. Staff Recommendation: ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. BOARD AND COMMISSION REPORTS REPORT BY CHARTER REVIEW COMMISSION ON THE COMMISSION’S PROPOSED WORK PLAN FOR THE UPCOMING YEAR 17-01275. The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council hear the Charter Review Commission's report and provide input and direction as it deems appropriate. Staff Recommendation: ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE - “PURCHASING SYSTEM” - REGARDING CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES 17-00546. Page 4CityofChulaVista Printed on 4/20/2017 April 25, 2017CityCouncilAgenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE PURCHASING SYSTEM” - REGARDING CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES (FIRST READING) Public Works DepartmentDepartment: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED AND SELECTION OF A DATE AND TIME OF A MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION A.DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR ONE VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT) APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Gloria Juarez, Matthew A. Lowery, Lorise Maynard, John Milburn, Lisa Moctezuma, Rachel Morineau, Anwar Nash, Mireya Olais, Rosalba Ponce, and Michael Tactay B.DISCUSSION OF INTERVIEW PROCESS AND SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS COMMISSION 17-01367. Page 5CityofChulaVista Printed on 4/20/2017 April 25, 2017CityCouncilAgenda City ClerkDepartment: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council nominate applicants to be interviewed for the current vacancy, discuss and provide staff with direction regarding the interview process, and select a date and time for an open meeting or meetings to conduct interviews of applicants receiving two or more nominations. Staff Recommendation: CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT TO $2,500; TO SPECIFY THAT ALL COMMERICAL MARIJUANA ACTIVITY, BOTH RECREATIONAL AND MEDICAL, IS PROHIBITED UNDER CHAPTER 5.66; AND TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED; AND AMENDING CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS (FIRST READING) 17-01398. City AttorneyDepartment: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: Page 6CityofChulaVista Printed on 4/20/2017 April 25, 2017CityCouncilAgenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING CITY POLICIES REGARDING IMMIGRATION ENFORCEMENT, APPROVING A PROGRAM FOR BETTER COMMUNICATION OF CITY POLICIES AND SERVICES TO THE CITY’S IMMIGRANT COMMUNITY, JOINING THE “WELCOMING AMERICA” NETWORK, AND DIRECTING STAFF TO TRACK AND PROVIDE THE CITY COUNCIL WITH OPPORTUNITIES TO ACTIVELY SUPPORT OR OPPOSE LAWS TO ADVANCE CITY INTERESTS AND POLICIES ON IMMIGRATION ENFORCEMENT 17-01539. City Attorney & City ManagerDepartment: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: CITY MANAGER’S REPORTS STATUS OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY WATER DISTRICT 17-016110. MAYOR’S REPORTS A.DISCUSSION AND POSSIBLE ACTION REGARDING HECTOR GASTELUM, INCLUDING CONSIDERATION OF POTENTIALLY CALLING FOR HIS RESIGNATION FROM THE OTAY WATER DISTRICT BOARD AND FORMALLY REQUESTING THE OTAY WATER DISTRICT BOARD REMOVE HIM AS ITS REPRESENTATIVE ON THE CITY’S SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OVERSIGHT BOARD B.DISCUSSION AND POSSIBLE ACTION REGARDING THE REORGANIZATION OF THE CITY’S HUMAN RELATIONS COMMISSION OR THE CREATION OF A SIMILAR COMMISSION 17-015211. COUNCILMEMBERS’ COMMENTS Page 7CityofChulaVista Printed on 4/20/2017 April 25, 2017CityCouncilAgenda CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney ’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) 1) City of Chula Vista v. Lexington Insurance Co. A) United States District Court, Case No. 16cv1105-BTM-BGS; and B) San Diego Superior Court, Case No. 37-2016-45312-CU-BC-CTL 2) John Hess v. Dave Hanneman, United States District Court, Case No.14cv2271CAB(JMA) 3) James Garcia v. City of Chula Vista, San Diego Superior Court, Case No. 37-2015-00016408-CU-OE-CTL 17-008912.17-0089 ADJOURNMENT to the City Council/ Planning Commission/ Growth Management Oversight Commission Workshop on April 27, 2017, at 6:00 p.m., in the Council Chambers; and thence to the Mayor's State of the City Address on May 2, 2017, at 6:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. both channels) and are archived on the City's website. Page 8CityofChulaVista Printed on 4/20/2017 City of Chula Vista Staff Report File#:17-0072, Item#: A. PRESENTATION BY BEN VALLEJOS,EXECUTIVE DIRECTOR OF THE LIVING COAST DISCOVERY CENTER (LCDC),REGARDING AN UPDATE ON THE LCDC AND ITS 30TH ANNIVERSARY City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0097, Item#: B. PRESENTATION OF A PROCLAMATION TO THE PROMISE NEIGHBORHOOD’S RESIDENT LEADERSHIP ACADEMY PROCLAIMING SATURDAY,MAY 6,2017 AS NEIGHBOR DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0145, Item#: C. PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0146, Item#: D. PRESENTATION OF THE CLEAN CHAMPION AWARDS BY THE CHULA VISTA SUSTAINABILITY COMMISSION City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0147, Item#: E. PRESENTATION OF A PROCLAMATION TO RUTH GOLDSCHMIEDOVA SAX IN RECOGNITION OF APRIL 23-24,2017 AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0149, Item#: F. PRESENTATION BY LUANNE HULSIZER,EXECUTIVE DIRECTOR OF THIRD AVENUE VILLAGE ASSOCIATION (TAVA),REGARDING THE SUCCESS OF PARTNERSHIPS AND COLLABORATIONS WITH THE CITY OF CHULA VISTA AND THE COMMUNITY,AND AN OVERVIEW OF TAVA'S PAST-YEAR ACTIVITIES AND EVENTS City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0159, Item#: G. RECOGNITION OF CHRISTINE MOORE FOR HER SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0165, Item#: H. PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN GOOGINS PROCLAIMING MONDAY, MAY 1, 2017 AS LAW DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0164, Item#: 1. APPROVAL OF MINUTES of April 11, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, April 11, 2017 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0070 PRESENTATION OF A PROCLAMATION TO CAL FIRE REGIONAL URBAN FORESTER LYNNETTE SHORT AND SDG&E DIRECTOR OF CONSTRUCTION SERVICES JANISSE QUIÑONES MARTINEZ, PROCLAIMING APRIL 28, 2017 AS ARBOR DAY IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Ms. Short and Ms . Quinones Martinez. Open Space Manager Oludunfe spoke regarding the City's trees. B.17-0137 PRESENTATION BY TITANBOT ROBOTICS TEAM REGARDING THEIR SUCCESS DURING THE REGIONAL COMPETITION IN SACRAMENTO AND ADVANCING TO THE WORLD CHAMPIONSHIP IN HOUSTON, TEXAS Mayor Casillas Salas and Deputy Mayor McCann commended the Titanbot Robotics team on its success. C.17-0141 PRESENTATION OF A PROCLAMATION TO REPUBLIC TRASH SERVICES DISTRICT MANAGER STEVE MIESEN FOR 16 YEARS OF DEDICATED SERVICE Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to Mr. Miesen. Page1CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft D.17-0126 PRESENTATION FROM VOICES FOR CHILDREN PRESIDENT/CEO SHARON LAWRENCE REGARDING A BANNER PROGRAM TO RECRUIT CHULA VISTA AND SOUTH COUNTY VOLUNTEERS Marketing and Communications Manager Steinberger introduced Sharon Lawrence who presented information on the Voices for Children program. CONSENT CALENDAR (Items 1 - 5) 1.17-0144 APPROVAL OF MINUTES of March 21 and April 4, 2017 Recommended Action: Council approve the minutes. 2.17-0037 A.RESOLUTION NO. 2017-050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO.19M (FREEWAY COMMERCIAL 2) B.RESOLUTION NO. 2017-051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES, SET THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, AND ORDER THE PREPARATION OF A CFD REPORT Recommended Action: Council adopt the resolutions. 3.17-0063 A.RESOLUTION NO. 2017-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFERS OF DEDICATION OF LOTS “B” AND “D” OF FINAL MAP NO. 15942; AND LOT “L” OF FINAL MAP NO. 16081, ALL FOR OPEN SPACE PURPOSES, WITHIN THE OTAY RANCH MILLENIA (EASTERN URBAN CENTER) PROJECT B.RESOLUTION NO. 2017-053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE PURPOSES AND THE SUMMARY VACATION OF THE PEDESTRIAN ACCESS EASEMENT IN LOT “O” OF FINAL MAP NO. 16081, WITHIN THE OTAY RANCH MILLENIA (EASTERN URBAN CENTER) PROJECT Recommended Action: Council adopt the resolutions. Page2CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft 4.17-0113 RESOLUTION NO. 2017-054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING A SUMMARY VACATION OF A PORTION OF AN EXISTING SLOPE EASEMENT LOCATED WITHIN THE SDG&E SALT CREEK SUBSTATION LAND Recommended Action: Council adopt the resolution. 5.17-0114 RESOLUTION NO. 2017-055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $212,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING 51,740 TO THE POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS The following members of the public expressed concern regarding derogatory comments made by Hector Gastelum and requested the Council's support in calling for his resignation from the Otay Water District Board: Jorge Del Castillo, Chula Vista resident Mona Dibas, Bonita resident Jorge Patrick Macfarland, Chula Vista resident James Elia Mark Lane, National City resident Kilian Colin Jason Prater, Chula Vista resident Fayaz Nawabi, Rancho Penasquitos resident Steven C. Pavka, Chula Vista resident, expressed concern regarding a pothole in his neighborhood . Mayor Casillas Salas referred the matter to staff. PUBLIC HEARINGS 6.17-0128 CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA GAMING PLAN TO ALLOW CITY COUNCIL WAIVER OF REQUIREMENTS FOR TEMPORARY REVERSION OF CLASS II LICENSES TO CLASS I LICENSES UPON TRANSFER AND RELATED ACTIONS Page3CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft A.RESOLUTION NO. 2017-056 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CHULA VISTA GAMING PLAN TO ALLOW CITY COUNCIL WAIVER OF REQUIREMENTS FOR TEMPORARY REVERSION OF CLASS II LICENSES TO CLASS I LICENSES UPON TRANSFER RELATED ACTIONS: B.RESOLUTION NO. 2017-057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) RATIFYING CHIEF OF POLICE AND STATE OF CALIFORNIA DIVISION OF GAMBLING CONTROL APPROVALS OF THE TRANSFER OF A CONSOLIDATED CLASS II CARDROOM LICENSE FOR THE SEVEN MILE CASINO FROM V C CARDROOM, INC. TO STONES SOUTH BAY CORPORATION; (2) WAIVING THE REQUIREMENT FOR TEMPORARY REVERSION OF THE CLASS II LICENSE TO A CLASS I LICENSE FOR THIS TRANSFER WITH FINDINGS AND CONDITIONS; (3) RATIFYING CHIEF OF POLICE APPROVAL OF THE NEW OWNERS AND OTHERS POSSESSING A FINANCIAL INTEREST IN THE GAMING OPERATIONS AND/OR CARDROOM LICENSE FOR THE SEVEN MILE CASINO; AND (4) APPROVING RELATED MATTERS 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. City Attorney Googins, Deputy City Attorney McDonnell and Police Captain Turner presented information on the item. Mayor Casillas Salas opened the public hearing. Ryan Stone, applicant, representing Stones South Bay Corporation, spoke in support of staff's recommendation. The following members of the public spoke in support of the item: Jennifer Bustamante, Chula Vista resident Christine Moore, Chula Vista resident Patricia Chavez, Chula Vista resident Mayor Casillas Salas announced that written documentation in support of the item was received from the following individuals: Luanne Hulsizer Calixto Pena Katie Welling Jessica Ruiz Sophie Silvestri Jessica De La Rosa Dennis DuBard Venus Molina JoAnn Fields Page4CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft The following members of the public also submitted written documentation in support of the item: Vanessa Mapula, Chula Vista resident Joe Olivieri, Lakeside resident Kermit Schayltz, Sacramento resident J. McKee, San Diego resident David Jones, Bonita resident Ashley Stone, San Diego resident Steven Giorgi, Lincoln resident Stefanie Greco, San Diego resident Danielle Backey, San Diego resident Amanda Blackwood, Sacramento resident Art VanLoon, Rocklin resident Lawrence Sherman, San Diego resident Gloria Stone, La Jolla resident Masis Kevorkian, La Jolla resident Michael Lipman, San Diego resident Heather Guerena, San Diego resident Ron Stone There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember Aguilar, seconded by Mayor Casillas Salas, that Resolution Nos. 2017-056 and 2017-057 be adopted, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 - No:0 Abstain:0 CITY MANAGER’S REPORTS City Manager Halbert announced that the Citizens' Oversight Committee held its first meeting in March and would be meeting again the following week. 7.17-0140 REPORT FROM THE CITY ATTORNEY REGARDING THE STATUS OF SANTA CLARA COUNTY V. DONALD J. TRUMP, ET. AL, (CASE NO. 3:17-CV-00574-WHO; CHALLENGING AS UNCONSTITUTIONAL SECTION 9 OF EXECUTIVE ORDER 13768) AND POSSIBLE ACTION BY THE CITY COUNCIL TO APPROVE PARTICIPATION BY THE CITY OF CHULA VISTA ON THE SIDE OF SANTA CLARA COUNTY IN SAID CASE Deputy Mayor McCann stated he would abstain from voting and participating in discussion on the item due to a potential conflict of interest related to his service as a military officer. He left the dais at 6:40 p.m. City Attorney Googins presented information on the item. Page5CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft The following members of the public spoke in support of the City Council joining the amicus brief: Kathy Cappos Hardy, Chula Vista resident, representing People Power Patricia Huffman, Chula Vista resident, representing People Power Carolyn Scofield, Chula Vista resident, representing Courage Campaign Paola Martinez-Montes, Chula Vista resident, representing ACCE, and she also spoke on behalf of Susana Juarez, Chula Vista resident, who was in support of the item Marco Briones, San Diego resident, representing Center on Policy Initiatives Dale Kelly Bankhead, San Marcos resident, representing San Diego Labor Council Norma Chavez Peterson, Chula Vista resident, representing ACLU of San Diego and Imperial Counties Jose Franco Garcia, Chula Vista resident, representing Environmental Health Coalition Council discussion on the item ensued. A motion was made by Councilmember Padilla, seconded by Councilmember Aguilar, to direct the City Attorney's office, at the earliest opportunity, to sign an amicus brief, whether in the case of Santa Clara County v. Donald J. Trump, any potential appellate review, or on the merits of the Santa Clara case as it progresses, and to keep the Council briefed on the progress of relevant and similar litigation that may present opportunities for the City to engage as well. The motion carried by the following vote: ACTION: Yes:Aguilar, Padilla and CasillasSalas3 - No:Diaz1 - Abstain:McCann1 - Deputy Mayor McCann returned to the dais at 7:14 p.m. MAYOR’S REPORTS At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to the next agenda to discuss and possibly take action regarding Hector Gastelum, including potentially calling for his resignation from the Otay Water District Board and also formally requesting the Otay Water District Board remove him as its representative on the City's Successor Agency to the Redevelopment Agency Oversight Board. At Mayor Casillas Salas' request, there was consensus of the Council to add an item to the next agenda to discuss reorganizing the City's Human Relations Commission or a similar commission. COUNCILMEMBERS’ COMMENTS Councilmember Padilla spoke regarding the recent public policy forum hosted by his office. He also spoke in support of calling for Hector Gastelum's resignation from the Otay Water District Board. Councilmember Aguilar expressed gratitude for the manner in which the Council had handled recent controversial issues. She spoke regarding a recent fundraiser for the Chula Vista Women's Club. Deputy Mayor McCann spoke regarding the following recent events: the Chula Vista Women's Club fundraiser, the Novo Brazil Brewing Co. second anniversary event, and the CAST graduation. He spoke in support of calling for Hector Gastelum's resignation from the Otay Water District Board. Councilmember Diaz spoke regarding the recent Chula Vista Women's Club fundraiser. City Attorney Googins announced that the Council would convene in closed session to discuss the item listed below. Page6CityofChulaVista April 11, 2017CityCouncilMeetingMinutes - Draft Mayor Casillas Salas recessed the meeting at 7:29 p.m. The Council reconvened in Closed Session at 7:37 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 8.17-0143 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: City Clerk No reportable action.ACTION: ADJOURNMENT At 8:37 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on April 25, 2017, at 5:00 p.m., in the Council Chambers. Sheree Kansas, Deputy City Clerk Page7CityofChulaVista City of Chula Vista Staff Report File#:17-0148, Item#: 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL CODE CHAPTER 5.53, “STATE VIDEO FRANCHISES” RECOMMENDED ACTION Council adopt the resolution. SUMMARY Cox Communications (“Cox”)has been providing video service within the City pursuant to a state video franchise certificate issued in accordance with the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”).Pursuant to City ordinance,Cox is required to remit to the City a one percent fee to support public,educational,and governmental (“PEG”)channels [Chula Vista Municipal Code CVMC”)section 5.53.040].Cox has recently obtained a renewal of its franchise certificate from the California Public Utilities Commission.The renewed certificate allows Cox to continue providing service for another ten years and takes effect on April 27,2017.Cox has requested that the City reauthorize its PEG fee ordinance before it continues to remit the PEG fee under its renewed certificate.Staff recommends that the City Council reauthorize Municipal Code Chapter 5.53 in order to assure the continued collection of the PEG fee. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION DIVCA was enacted in 2006 and transferred cable franchising authority from local agencies to the California Public Utilities Commission.DIVCA allows local governments to establish and collect and PEG fees equal to one percent of the franchisee’s gross revenues (as defined in DIVCA),by ordinance.The City adopted such an ordinance in 2012 (Ordinance No.3230,codified as CVMC Chapter 5.53;the ordinance and accompanying staff report are included at Attachment 1).The City of Chula Vista Printed on 4/20/2017Page1of3 powered by Legistar™ File#:17-0148, Item#: 2. Chapter 5.53;the ordinance and accompanying staff report are included at Attachment 1).The ordinance requires,among other things,that state video franchise holders pay the City a percent PEG fee: Fee for Support of Local Cable Usage.A fee paid to the City is hereby established for the support of PEG channel facilities consistent with state and federal law.This fee shall be the maximum amount allowed by law,which is currently one percent of a state video franchise holder’s gross revenues,as defined in California Public Utilities Code Section 5860 (the “PEG fee”).The PEG fee shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding quarter.The PEG fee payment shall be accompanied by a summary that explains the basis for the calculation of the PEG fee for local cable usage.This PEG fee shall commence on July 1,2012.The City Council may decrease or increase the amount of the PEG fee,up to the maximum amount allowed by law,by resolution.” (CVMC 5.53.050.B.) Cox first obtained a state video franchise certificate in April 2007.The certificates are given for ten- year terms.Thus,its original certificate would expire this month,but Cox has obtained a renewed certificate from the PUC,which is valid for another ten years.Based on its interpretation of DIVCA, Cox believes that it must obtain an authorization from the City to continue remitting PEG fees to the City under its renewed franchise (see,correspondence from Cox,included at Attachment 2).CVMC 5.53 remains in full force and effect,and has been since its adoption in 2012,requiring all state video franchise holders who operate in the City,including Cox,to remit PEG fees to the City for so long as they operate in the City.However,in light of Cox’s request and in order to assure the continued collection of PEG fees, staff recommends that the City Council reauthorize CVMC 5.53. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.Gov't Code §87100, et seq.). Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.Reaffirming collection of the PEG Fee supports the goal of Operational Excellence -Uphold a commitment to Fiscal Health by securing the continued collection of this revenue source. CURRENT YEAR FISCAL IMPACT In fiscal year 2016 the City received approximately $664,000 in PEG fees.Reaffirming Municipal Code Chapter 5.53.040 PEG Channels and Fees assures the continued collection of the PEG fee. City of Chula Vista Printed on 4/20/2017Page2of3 powered by Legistar™ File#:17-0148, Item#: 2. ONGOING FISCAL IMPACT The City has received an average of $656,000 on annual basis since fiscal year 2013.Reaffirming Municipal Code Chapter 5.53.040 PEG Channels and Fees assures the continued collection of the PEG fee. ATTACHMENTS 1. May 22, 2012 Staff Report Amending Chula Vista Municipal Code Chapter 5.52 2. Correspondence from Cox Communications Staff Contact: Jill Maland, City Attorney’s Office; Angelica Aguilar, Finance Department City of Chula Vista Printed on 4/20/2017Page3of3 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL CODE CHAPTER 5.53., “STATE VIDEO FRANCHISES” WHEREAS, the State of California enacted the Digital Infrastructure and Video Competition Act (DIVCA) in 2006 [California Public Utilities Code (“CPUC”) sections 5800, et seq.]; and WHEREAS, DIVCA requires a state franchise holder to designate a sufficient amount of capacity on its network to allow the provision of at least three Public, Educations and Governmental ("PEG") access channels and requires the franchise holder to pay a fee, if established by ordinance of the local entity, to support PEG channel facilities; and WHEREAS, the City of Chula Vista approved such an ordinance in May 2012 Ordinance No. 3230), which amended Chula Vista Municipal Code (“CVMC”) Chapter 5.52, Pay Television” and added Chapter 5.53 “State Video Franchises;” and WHEREAS, consistent with DIVCA, CVMC Chapter 5.53 requires state franchise holders who operate within the City to remit a PEG fee to the City in the amount of one percent of the franchise holder’s gross revenues, as defined in CPUC Code Section 5860 (the “PEG fee”); and WHEREAS, Cox Communications (“Cox) obtained a state video franchise certificate in 2007 and has obtained a renewal of that certificate for the ten-year period beginning April 27, 2017 and has requested that the City reauthorize the ordinance enacting the City’s PEG fee in order for it to continue remitting the PEG fee during the ten-year renewal period beginning April 27, 2017; and WHEREAS, by adopting this resolution, the City affirms that Ordinance No. 3230, codified at CVMC Chapters 5.52 and 5.53, has been in full force and effect since its original effective date, remains in full force and effect, applies to all video service providers holding state video franchises and operating in the City pursuant to DIVCA (“Providers”), requires such Providers to comply with all of its provisions, including remittance of the PEG fee pursuant to CVMC section 5.53.040, and applies to all Providers operating under original state franchise certificates, as well as those operating under renewal/renewed state franchise certificates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it reauthorizes Municipal Code Chapter 5.53, “State Video Franchises.” Presented by Approved as to form by David Bilby Glen R. Googins Finance Director City Attorney Item No.: ~s Meeting Date: OS 22 12 Page 2 of 6 Establish State consumer protection standards and enforcement provisions, Establish the standard Public, Education and Government (PEG) Fee minimum of 1% of gross revenues Establish that PEG origination and channels are required at a quality equal to regular program broadcasting with a minimum of 1 and up to 3 channels, Recognize that cable and video services are components of a rapidly emerging communications technology and regulatory environment that uses the same infrastructure in the City's rights-of-way as telecommunications, video and broadband services, and Establish the City's authority to audit State video and cable service Franchisee and PEG Records Staff will return to Council as needed to update additional components of the Municipal Code to accurately reflect the changes in technology, State and Federal law_as the law evolves and resources allow. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMMENDATION Staff recommends that the City Council introduce and pass to second reading, an ordinance amending Chapter 5.52, and adding 5.53 Governing the Provision of Cable /Video Services in the City of Chula Vista City Municipal Code. BOARDS/COMMISSION RECOMMENDATION A public workshop was held on February 27, 2012 to take comment from the public and industry. Most if not all of those comments have been incorporated herein. Staff will be available at the Council meeting to provide context and elaborate on the intent of those comments upon request. DISCUSSION On September 29, 2006, the Governor signed AB 2987 to become effective January 1, 2007. The statute, Digital Infrastructure and Video Competition Act of 2006 (DIVCA), established a new framework for the regulation of cable television. The fundamental change is that beginning January 2, 2008 cities no longer have the authority to issue new franchises to video providers; instead, that authority is now held solely by the California Public Utilities Commission (PUC.) 15-2 Item No.: ILJ Meeting Date: OS 22 12 Page 3 of 6 The DIVCA goals, as stated and implemented by the Communications Division of the PUC deal not only with video franchises, but with increasing the deployment of broadband infrastructure within California, particularly to un-served and underserved areas as follows: 1. Create a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another; 2. Promote the widespread access to the most technologically advanced cable and video services to all California communities in a nondiscriminatory manner regardless of socio- economic status; 3. Protect local government revenues and their control of public rights-of-way; 4. Require market participants to comply with all applicable consumer protection laws; and 5. Complement efforts to increase investment in broadband infrastructure and close the digital divide. On March 1, 2007 the CPUC began accepting applications for a State franchise from entities that wish to provide video service in California. A city is supposed to receive simultaneous notice regarding State franchise applications and prior to commencing video service in a city. AT&T applied for a State franchise for its service territory including Chula Vista in 2007 and Cox Communications applied for a State franchise including the Chula Vista area in October 2010. The City terminated the NexFiorizon Franchise in November 2009. M3 Communications applied for and received a State franchise to operate in Chula Vista in July 2011, and Access Cable Corporation applied for and received a State franchise in April 2012. The proposed ordinance makes minor modifications to Municipal Code Section 5.52, Pay Television, and adds Section 5.53, Video Service Providers, to bring the current code into compliance and adopt the consumer protections stated under DIVCA without discouragement of the existing sections of the code or the agreements that have historically provided complimentary consumer, right-of-way, revenue and related local stakeholder protections. Franchise and Public Education and Government (PEG) Program Fees One component of the new State law, Public Utilities code 5870(n), requires that video franchisees remit at least 1% and up to 3% of "gross revenue" to Cities as a Fee to support PEG programming. Chula Vista has received PEG grants of approximately $65,000 for equipment and 100,000 for program and consulting services from Cox Communications in 1999, but not a monthly PEG Fee. Staff has attempted to survey the county jurisdictions and estimates that an estimated 14 of 18 jurisdictions are currently receiving a PEG Fee from one or more video service providers (Attachment 1). Video providers are authorized, but are not obligated to pass the Fee through to their customers. If video providers pass the PEG Fee on to customers, it will appear on monthly residential and commercial communication invoices as an additional charge. Staff estimates that the typical cost to residents fora 1% PEG Fee will be between 45 cents and 80 cents for the average customer per month and customers with the low income or senior rate 15-3 Item No.:_~ Meeting Date: OS 22 12 Page 4 of 6 are expected to pay 20 cents per month or less. The projected PEG Fee revenue for a full fiscal year is estimated at up to $600,000. The State regulation defers to Federal statute to establish the range of eligible PEG Fee expenditures. Federal regulation currently limits those expenditures to capital costs for PEG programming, however HR 3745 (Attachment 2), the Community Access Preservation Act recognizes the importance of PEG programming and proposes to loosen those restrictions to include reasonable operating costs associated with providing PEG programming. The PEG Fee is in addition to the franchise fee, which continues to be 5% of gross revenue, where it has been since it was established with Cox Communications and Chula Vista Cable in 1999 (Attachment 3 ). Cable/Video Industry representatives have stated that they believe the State's definition of gross revenues has captured more revenue components than the City's former definition. DIVCA refers to federal regulation, which caps franchise fees at 5%. The Ordinance would establish the authority to implement a PEG Fee of 1% consistent with State regulation. The 1% Fee would be effective July 1, 2012. Even with the limitations of capital expenditure on current PEG Fees, these potential additional revenues will be important in the future as it becomes more and more necessary to repair or replace the aging equipment used by IT and Communications to provide PEG programming such as Council meeting broadcasts and to maintaining adequate emergency alert and override systems. These revenues also play a critical role in leveraging any potential for future expansion of the City's video/cable communication with residents and businesses as we transition into a more digital environment where, visual and virtual communication become the minimum standard in public service and communication. Some jurisdictions use locally developed PEG programming to market Pet adoption opportunities from the local animal shelter, provide public safety, educational and special event programming. Southwestern College has provided courses in the past to obtain a "producer's' certificate that provides citizens with a background in State and local regulations regarding the content and broadcasting requirements, and opportunities for local PEG channel programming. At one time cities or cable video providers also provided equipment to qualified local citizens to produce PEG content. The proposed 1% PEG fee can provide the revenue to fund the capital costs for up to 3 PEG channels. Each channel must consistently provide a minimum of 56 hours of "locally produced programming," including items like the broadcast of Council meetings. Section 5870 (b) does provide that advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding PEG-related activities." Customer Service Penalties Under State Video Franchise DIVCA also provides that the holder of a State video franchise shall comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service. State regulation provides the local jurisdiction with responsibility for monitoring and enforcing those customer service standards. The City Manager's designee, currently the Director of Economic Development shall monitor a State video franchise holder's compliance with State and Federal customer service and protection standards. Per State regulation, the City will provide to the State video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will allow the State video franchise 15-4 Item No.: l Meeting Date: OS 22 12 Page 5 of 6 holder 30 days from receipt of the notice to remedy the specified material breach. Under the proposed Ordinance, material breaches not remedied within the 30-day time period would be subject to the following monetary penalties to be imposed by the City. The range of the fines are established by the California Public Utilities Code Section 5900.(d). The "up to" provision at each incremental level of fine was added by staff to provide a broader range of tools to create an incentive for compliance and place the emphasis on customer service, not the monetary limits of the fines. The proposal is to adopt the fines established by the State with that addition as follows: 1. For the first occurrence of a material breach, a monetary penalty of up to $500 shall be imposed for each day of each material breach, not to exceed $1,500 for each violation. 2. For a second material breach of the same nature within twelve months, a monetary penalty of up to $1,000 shall be imposed for each day of each material breach, not to exceed $3,000 for each violation. 3. For a third or further material breach of the same nature within twelve months, a monetary penalty of up to $2,500 shall be imposed for each day of each material breach, not to exceed $7,500 for each violation. A State video franchise holder may appeal a monetary penalty assessed by the City. Such appeal must be filed no later than 30 days after the date of mailing of notification of the penalty or the right to appeal shall be deemed waived. After relevant evidence and testimony is received, and staff reports are submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council's decision is subject to de novo judicial review. De Novo means, "anew," or "afresh" meaning the court considers the case without consideration of the previous finding. The proposed penalties and cure process reflect those referenced by the California Public Utilities Commission in DIVCA. nr~r Response to State Video Franchise Applications Applicants for State video franchises within the boundaries of the City must by State regulation concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the City Clerk and City Manager. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a State video franchise. DECISION MAKER CONFLICT Staff has reviewed the decisions contemplated by this item and have determined that the actions contemplated are not site-specific and, consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a) is not applicable. 15-5 Item No.: ~~ Meeting Date: OS 22 12 Page 6 of 6 CURRENT YEAR FISCAL IMPACT Residents and businesses would likely see a 1% increase on the cable/video portion of their communications bills when the PEG Fee is established, as service providers have the option, but not the obligation to pass the PEG Fee on to consumers. The use of these PEG fee revenues are currently limited to capital associated with the development and broadcasting of PEG programming and not available for related personnel or general fund expenses. If the PEG Fee were triggered and implemented 60 day after the ordinance becomes effective, staff estimates that the PEG Fee generated for the upcoming fiscal year 2012/13 would be approximately 600,000. ONGOING FISCAL IMPACT The equipment used by the City for broadcasting public meetings will need repair or replacement as it reaches the end of its useful life. Staff expects that to be within the next calendar year. These funds can be used for costs of purchasing and installing equipment associated with current or future PEG programming and without these funds general fund revenue or reserves would have to be appropriated to maintain or expand the capital components of these programs. If the PEG Fee were established at the beginning of the next fiscal year, staff estimates that the PEG Fee would generate up to $600,000. If HR 3745 or similar Congressional legislation authorizes the use of these funds for operational purposes associated with PEG programming the City would be able to fund the staff, contract and or consulting casts associated with developing and broadcasting current public, education and government programming and any future enhancements the City may choose to pursue. Attachments: 1. Jurisdictional PEG Fee Survey 2. HR 3745 3. Ordinance No. 2797 Prepared by: Michael T. Meacham, Director of Economic Development 15-6 i) channel capacity used for required carnage of Local commercial television stations, as defined in section 614(h)(1); or ii) if no such stations are required to be carried, the channel capacity used to carry the primary sibmal of the network-affiliated commercial television stations carried on the cable system; and B) provided to and viewable by every subscriber of a cable system without additional service or equipment charges 2) SIGNAL QUALITY AND CONIENT- A cable operator shall-- A) carry signals for public, educational, or governmental use frotn the point of origin of such signals to subscribers without material degradation and without altering or removing content provided as part of the public, educational, or governmental use; and B) provide facilities adequate to fulfill such requirements. 3) WAIVER- the requsements ofpazagraph (1) may be waived by a franchising authority if the franchise contains an explicit provision that such requirements shall not apply and such grovision was adopted after a proceeding the oonduct of which afforded the public adequate notice and an opportunity to participate 4) ENFORCEMENT- The requirements of this subsection may be enforced by a franchising authority or by the Commission 5) ADD1T IONAL REQUIREMENTS- Nothing in this subsection prevents a franchising authority from establishing additional requirements with respect to the quality, accessibility, functionality, placement, and provision of channel capacity designated fbr public, educational, or govermmental use g) Preservation of Public, Educational, and Governmental Use- 1) STUDY- Within 180 days after the date of enactment of the Community Access Preservation Act, the Commission shall submit to Congress a report containing-- A) an analysis of the impact of the enactment of State video service franchising laws since 2005 on public, educational, and governmental use of cable systems; B) an analysis of'the impact of the conversion from analog to digital transmission technologies on public, educational, and governmental use of cable systems; and C) recommendations for changes required to this Act to preserve and advance localism and public, educarional, and governmental use of advanced communications systems. 2) SUPPORT- In States that adopted legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that became effective after May 31, 2005, a cable operator shall, notwithstanding such legislation-- 15-9 A) pay to any political subdivision in which the operator provides service the greater of-- i) the historical support that the operator, or its predecessor, provided for public, educational, or governmental use of the cable system in such subdivision in accordance with this subsection; or ii) the amount of any cash payment that the opezator is required to pay to such subdivision under such State legislation affecting cable system franchising requirements; B) carry signals for public, educational; or govezmental use from the point of ozigin of such signals to subscribers and provide facilities adequate to fulfill such requirements in accordance with subsection (f)(2); and C) provide at least the number of channels for public, educational, or governmental use that it was providing as of May 31, 2005. 3) CALCULATION OP HISIORICAL SUPPORI-Historical support includes the value of all support provided for public, educational, a governmental use, including in-kind support and flee services the cable operator shall pay support equal to the greater of-- A) the value of the support provided in the most recent calendar year prior to the effective date of'such State legislation affecting cable system franchising requirements; or B) the value of the annual average support provided over the term of the franchise pursuant to which it operated prior to such effective date; taking into account the time value of money 4) PAYMENTS- The amounts owed to the political subdivision undez paragzaph (2)(A) shall be paid annually, in quarterly installments, with the fast payment being due 30 days after the date of enactment of the Community Access Preservation Act 5) USES; DISPUTES- A) USES- Support provided to any State or local political subdivision under this subsection shall be dedicated to public, educational, oz governmental use of channel capacity B) DISPUIES- If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid, and the Commission shall determine on an expedited basis what, if any, additional amounts are owed.'. b) Franchise Fee Definition- Section 622(g)(2) of such Act (47 U S C 542(g)(2); is amended-- in subparagraph (B), by sViking in the case of any franchise in effect on the date of the enactment of this title, ; 2) by striking subparagraph (C); and 3) by rcdesignating subparagraphs (D) and (E) as subparagraphs (C) and D), respectively. 15-10 ATTACHMENT 3 ORDINANCE NO. 2797 AN ORDINANCE OF THE CITY OF CHULA VISTAAMENDING SECTION 5.52.010 OF THE CHULA V1STA MUNICIPAL CODE TO CONFORM THE FEES ASSESSABLE TO CABLE FRANCHISEES AND OTHER VIDEO PROGRAMMING PROVIDERS TO THOSE ALLOWED BY STATE AND FEDERAL LAW The City Council of the City of Chula Vista does hereby ordain as follows: SECTION is That Section 5,52.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 5.52.010 Annual payments to city required. All persons engaged in the business of transmitting, by means of the lease of a frequency or frequencies from the grantee or grantees of community antenna television systems, or by use of a cable systems, a signal or transmission providing a television picture or other video, audio or data services to subscribers thereof in the City of Chula Vista for the payment of a fee shall pay the city annually, in lawful money of the United States, afranchise/right-of--way access fee equal to a percentage of its gross receipts in an amount determined by the City Council through a negotiated franchise agreement or by independent City Council action. The current fee shall be set at five percent of the service provider's gross receipts but may be modified in a negotiated agreement. In no event shall a fee charged hereunder exceed the maximum fee allowable by applicable federal or state law. Such fees shall apply regardless of whether a party providing such services(s) has a fixed place of business within the city. Li any case in which a person transmitting a signal providing a television picture or other service to subscribers thereof is not subject to a local franchise but is, per applicable laws, subject to in-lieu or other fees payable to the local franchising authority for use of right-of--way or for other lawful consideration or purpose, said person shall pay to the City annually, in lawful money of the United States, an in-lieu tee equivalent to the franchise fee in effect under this section. SECTION II: This ordinance shall take effect and be in fill force on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by Michael Meacham -~ Special Projects Manager iw t M. Kaheny ity Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.52, "PAY TELEVISION," AND ADDING CHAPTER 5.53, "STATE VIDEO FRANCHISES" IN ACCORDANCE WITH THE CALIFORNIA DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 WHEREAS, the State of California enacted the Digital Infrastructure and Video Competition Act ("DIVCA") in 2006 (California Public Utilities Code sections 5800, et seq.); and WHEREAS, DIVCA establishes a regulatory structure for the State to issue franchises to video service providers who seek to provide video service in a local jurisdiction, whether they already hold local franchises, or are new providers; and WHEREAS, DIVCA requires a provider who holds astate-issued franchise to remit 5% of gross revenues to the local entity; and WHEREAS, DIVCA requires a state franchise holder to designate a sufficient amount of capacity on its network to allow the provision of at least three Public, Educations and Governmental ("PEG") access channels and requires the franchise holder to pay a fee, if established by ordinance of the local entity, to support PEG channel facilities; and WHEREAS, DIVCA requires the City to: (i) either approve or deny an application for a permit relating to construction or operation of DIVCA facilities within 60 days; (ii) furnish a detailed explanation to the applicant of a decision to deny a permit; and (iii) adopt regulations prescribing procedures for an applicant to appeal the denial to the City Council; and WHEREAS, DIVCA requires the City to enforce the DIVCA customer service and protection standards with respect to complaints received from City residents and adopt a schedule of penalties for material breach by a state franchise holder of the customer service standards specified in DIVCA; and WHEREAS, the proposed ordinance would amend Title 5 of the Chula Vista Municipal Code, "Cable, Video and Telecommunications Service," consistent with the provisions of DIVCA. NOW THEREFORE BE IT ORDAINED THAT THE City of Chula Vista does hereby find and determine that: Section 1. Chapter 5.52 of the Chula Vista Municipal Code is hereby amended as follows: 1. Replace the Chapter title in its entirety with the following: "Cable, Video, and Telecommunications Service Providers." 15-14 Ordinance No. Page 2 2. Add Section 5.52.050, entitled "State Franchises," at the end of the Chapter to read as follows: The Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"), codified in California Public Utilities Code Sections 5800, et seq., took effect on January 1, 2007. Chula Vista Municipal Code Chapter 5.53 was adopted in accordance with DIVCA. To the extent that a service provider obtains a state franchise in accordance with DIVCA, the terms of DIVCA and Chapter 5.53 shall govern and shall be the controlling authority over this Chapter." Section 2. Chapter 5.53 is added to the Chula Vista Municipal Code to implement the provisions of the Digital Infrastructure and Video Competition Act of 2006 (California Public Utilities Code Sections 5800, et seg. ), to read as follows: STATE VIDEO FRANCHISES Sections: 5.53.010 Purpose. 5.53.020 Public Interest. 5.53.030 Franchise Requirement. 5.53.040 PEG Channels and Fee. 5.53.050 Franchise Fee. 5.53.060 Late Fee. 5.53.070 Authority to Examine Records. 5.53.080 Customer Service Penalties Under State Video Franchises. 5.53.090 City Response to State Video Franchise Applications. 5.53.100 Interconnection. 5.53.110 Emergency Alert System and Emergency Overrides. 5.53.120 Encroachment Permits. 5.53.010 Purpose. This Chapter is adopted to regulate video service providers holding state video franchises and operating within the City of Chula Vista pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"), codified at California Public Utilities Code Sections 5800, et seq. This Chapter shall be construed in a manner consistent with DIVCA and the rules promulgated under DIVCA by the California Public Utilities Commission. 5.53.020 Public Interest. The full deployment of a robust wired and wireless digital infrastructure, and public, educational and governmental access serves a vital and compelling public interest of the City and promotes the public health, safety and welfare of the City. The encouragement of the development of wired and wireless digital infrastructure with public access within the City serves a vital and compelling public interest of the City. That public interest includes but is not limited to being a critical component of the future 15-15 Ordinance No. Page 4 6. Each PEG access channel shall be capable of carrying a National Television System Committee television signal, as provided in Public Utilities Code section 5870(b). B. Fee for Support of Local Cable Usage. A fee paid to the City is hereby established for the support of PEG channel facilities consistent with state and federal law. This fee shall be the maximum amount allowed by law, which is currently one percent 1%) of a state video franchise holder's gross revenues, as defined in California Public Utilities Code Section 5860 (the "PEG Fee"). The PEG Fee shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding quarter. The PEG Fee payment shall be accompanied by a summary that explains the basis for the calculation of the PEG Fee for local cable usage. This PEG Fee shall commence on July 1, 2012. The City Council may decrease or increase the amount of the PEG Fee, up to the maximum amount allowed by law, by resolution. 5.53.050. Franchise Fee. In addition to the PEG Fee in section 5.53.040.B., above, a State video franchise holder operating in the City shall pay to the City a franchise fee that is equal to five percent (5%) of the gross revenues of that State video franchise holder. The term "gross revenues" shall be defined as set forth in Public Utilities Code section 5860. This fee shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that explains the basis for the calculation of the franchise fee. Unless construed otherwise by applicable law, the phrase "summary that explains the basis for the calculations," as used herein and above in section 5.53.040.B., means the identification of the sources of revenue upon which the fee is based. 5.53.060 Late Fee. In the event a state video franchise holder does not pay the fees required by this chapter when due, the holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus 1 percent. 5.53.070 Authority to Examine Records. Not more than once annually, the appropriate City department may examine the business records of a holder of a state video franchise to ensure compliance with Sections 5.53.040 and 5.53.050. 5.53.080 Customer Service Penalties Under State Video Franchises. A. The holder of a state video franchise shall comply with the provisions of California Government Code sections 53055, 53055.1, 53055.2 and 53088.2; the FCC customer service and notice standards set forth in sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations; Section California Penal Code 15-17 Ordinance No. Page 5 section 637.5; the privacy standards of United States Code, Title 47, section 551; and all other applicable State and Federal customer service and protection standards pertaining to the provision of video service. B. The City shall enforce, in the manner set forth in DIVCA, all customer service and protection standazds contained in DIVCA section 5900, as may be amended from time to time. C. The City Manager, or designee, will provide to the State video franchise holder written notice of any material breaches of applicable customer service and protection standards, pursuant to DIVCA section 5900. The City will allow the State video franchise holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to monetary penalties to be imposed by the City and assessed by the City Manager, or designee, up to the amounts set forth below: 1. For the first occurrence of a material breach, a monetazy penalty up to $500 shall be imposed for each day of each material breach, not to exceed $1,500 for each material breach. 2. For a second material breach of the same nature within twelve months for which the City previously provided notice, a monetary penalty up to $1,000 shall be imposed for each day of each material breach, not to exceed $3,000 for each material breach. 3. For a third or further material breach of the same nature within twelve months, a monetazy penalty up to $2,500 shall be imposed for each day of each material breach, not to exceed $7,500 for each material breach. D. A State video franchise holder may appeal a penalty assessed by the City Manager to the City Council. An appeal must be submitted in writing to the City Clerk within 60 days after notice of the penalty is sent to the assessed franchise holder, or the right to appeal shall be deemed waived. An appeal must detail the reasons why the appellant believes the imposition of penalties is inconsistent with DIVCA. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final. 5.53.90 City Response to State Video Franchise Applications. A. Applicants for state video franchises within the boundaries of the City must concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the City Clerk for distribution to the City Manager and City Attorney. 15-18 Ordinance No. Page 6 B. The City will provide any appropriate comments to the Califomia Public Utilities Commission regarding an application or an amendment to an application for a state video franchise. 5.53.100 Interconnection. Where technically feasible, a state video franchise holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State video franchise holders and incumbent cable operators shall provide interconnection of the PEG access cannels on reasonable terms and conditions and may not withhold the interconnection. If a state video franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state video franchise holder to interconnect its network with the incumbent's network at a technically feasible point on the holder's network as identified by the holder. If no technically-feasible point for interconnection is available, the state video franchise holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state video franchise holder requesting the interconnection unless otherwise agreed to by the parties. 5.53.110 Emergency Alert System and Emergency Overrides. A state video franchise holder must comply with the Emergency Alert System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the holder's network. 5.53.120 Encroachment Permits. A. As provided in DIVCA section 5885, the City shall either approve or deny an application from a state video service franchise holder for an encroachment permit within sixty days of receiving a completed permit application. An application will not be considered complete until the applicant has complied with all statutory requirements, including California Public Utilities Code sections 21000, et seq. (the California Environmental Quality Act), the Chula Vista Municipal Code, and other applicable City ordinances. B. For purposes of this section, "encroachment permit" means any permit issued by the City for construction or operation of facilities pursuant to DIVCA. C. If the City denies an application for an encroachment permit, it will provide the applicant a detailed explanation of the reason for the denial. The applicant may appeal the denial in the manner established in section 15.04.260 of this Municipal Code. 15-19 City of Chula Vista Staff Report File#:17-0142, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA NATURAL RESOURCES AGENCY THROUGH TREE SAN DIEGO FOR THE URBAN GREENING PROGRAM GRANT FUNDED BY CALIFORNIA CLIMATE INVESTMENTS RECOMMENDED ACTION Council adopt the resolution. SUMMARY Climate change poses a challenge to Chula Vista and the greater San Diego region and expected local impacts include escalating temperatures and heat waves,changing precipitation patterns, rising sea levels,and increasing extreme natural events.To help better prepare local communities, the California Natural Resources Agency has released a request for grant proposals to help execute green infrastructure projects that reduce GHG emissions and provide multiple benefits.In response, City’s Public Works and Development Services staff members are working with community partners to develop one proposal for submission.The proposal aligns with the City’s current climate action strategies and will contribute to reducing future climate change-related risks and costs. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required.In addition,notwithstanding the foregoing,the “Project”also qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because the activity consists of an administrative action involving the submittal of grant applications which will not result in adverse physical impact to the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA.In addition,notwithstanding the foregoing,the Director of Development Services has also determined that the “Project”qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State Guidelines.Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. City of Chula Vista Printed on 4/20/2017Page1of4 powered by Legistar™ File#:17-0142, Item#: 3. DISCUSSION Climate change poses a challenge to Chula Vista and the greater San Diego region.In 2011,the City of Chula Vista was the first jurisdiction in southern California to develop comprehensive strategies to reduce the future risk and associated costs from local climate change impacts. Expected local impacts include escalating temperatures and heat waves,changing precipitation patterns,rising sea levels,and increasing extreme natural events.The State of California has been addressing these challenges through various programs ensuing from Assembly Bills and Senate Bills. Signed into law in 2006,Assembly Bill (AB)32,also known as the California Global Warming Solutions Act of 2006 required a sharp reduction of greenhouse gas (GHG)emissions to 1990 levels by 2020.AB 32 was the first program to take a comprehensive,long-term approach to addressing climate change to improve the environment and natural resources while maintaining a robust economy.Recently signed into law,Senate Bill (SB)32 confirms the State’s continued commitment to reducing GHG emissions by directing emissions reductions to meet a target of 40%below 1990 levels by 2030. Signed into law on September 14,2016,SB 859 (Chapter 368,Statutes of 2016)authorized the expenditure of $1.2 billion in Cap and Trade revenues,also known as the Greenhouse Gas Reduction Fund (GGRF),for projects aimed to reduce GHG emissions.The California Natural Resources Agency was allocated $80 million to its Urban Greening Program specifically for green infrastructure projects that reduce GHG emissions and provide multiple benefits. Greenhouse Gas Reduction Funds have separate governing statutes:AB 1532 (Pérez,Chapter 807, Statutes of 2012),SB 535 (De León,Chapter 830,Statutes of 2012),and SB 1018 (Budget and Fiscal Review Committee,Chapter 39,Statutes of 2012)provide the framework for how the GGRF must be appropriated and expended.All GGRF expenditures must achieve reductions of greenhouse gas emissions.In addition to greenhouse gas emissions reduction,goals derived from AB 1532,established for the investment of auction proceeds,and SB 535,requirements for allocating funds to benefit disadvantaged communities, are presented below: Maximize economic, environmental, and public health benefits to the State; Foster job creation by promoting in-State greenhouse gas emission reduction projects carried out by California workers and businesses; Complement efforts to improve air quality; Direct investment toward the most disadvantaged communities and households in the State; Provide opportunities for businesses,public agencies,nonprofits,and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions; Lessen the impacts and effects of climate change on the State’s communities,economy,and environment; Allocate at least 25%of the available proceeds to projects that provide benefits to disadvantaged communities; and Allocate at least 10%of the available proceeds to projects located within disadvantaged communities. City of Chula Vista Printed on 4/20/2017Page2of4 powered by Legistar™ File#:17-0142, Item#: 3. In March 2017,the California Natural Resources Agency released a request for proposals for a new Urban Greening Program grant.City staff is working with Tree San Diego,a regional non-profit organization,to develop one grant proposal for submission.This proposal aligns with the City of Chula Vista’s current climate action strategies. The Proposal is due to the California Natural Resources Agency by May 1st,with funding announcements expected in October 2017. F STREET PROMENADE PROJECT The F Street Promenade Project is being proposed for funding with the Urban Greening Program grant. Background Through a Call for Projects by The San Diego Association of Governments (SANDAG),the City of Chula Vista (“City”)applied for and was successful in its bid to receive Active Transportation Funding for planning projects that support local efforts to increase walking,biking,and transit usage throughout the region. The City was awarded funding through the TransNet Active Transportation Grant Program (ATGP) for the preparation of the F Street Promenade Streetscape Master Plan (“Project”).The City entered into an Agreement with SANDAG and received a notice to proceed in August 2015. Project Objectives On September 20,2016,the City Council approved a two-party agreement with Moore,Iacofano, and Goltsman (MIG),Inc.to prepare a Streetscape Master Plan and 30%Design Development construction documents in accordance with the objectives contained within the Urban Core Specific Plan, as well as the City’s Street Design and Construction Standards. The Master Plan’s primary objectives are to develop a streetscape using the principles of “Complete Streets”and to establish a theme and identity for F Street between Third Avenue and the future Bayfront.The Plan identifies focal points,pedestrian connections to various land uses,and multi- modal access (via walking,biking,and transit)to nearby community amenities and facilities such as parks,schools,City Hall,Civic Center,Library,office buildings,restaurants,and local and regional shopping centers. Some of the street improvements being analyzed as part of the development are undergrounding of utilities,addition of bike lanes,extended curb returns at intersections,enhanced paving,pedestrian- scale lighting,way-finding,site furnishings,and a unified planting scheme with street trees and shrubs. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. Consequently,this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2,section 18702.2(a)(11),for purposes of the City of Chula Vista Printed on 4/20/2017Page3of4 powered by Legistar™ File#:17-0142, Item#: 3. 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. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The grant proposals support the Healthy Community goal as they seek to improve the community’s resilience to climate change impacts. CURRENT YEAR FISCAL IMPACT If funded,the proposed project would have no net fiscal impact to the General Fund:one-time project expenditures would be offset by one-time grant revenues. ONGOING FISCAL IMPACT If funded,the proposed project would be a one-time activity,so there would be no significant ongoing fiscal impact associated with it. ATTACHMENTS Attachment A - Urban Greening Program Grant Guidelines Staff Contacts: Sam Oludunfe, City Forester; Patricia Fermán, Principal Landscape Architect City of Chula Vista Printed on 4/20/2017Page4of4 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA NATURAL RESOURCES AGENCY THROUGH TREE SAN DIEGO FOR THE URBAN GREENING PROGRAM GRANT FUNDED BY CALIFORNIA CLIMATE INVESTMENTS WHEREAS, climate change poses a challenge and the City of Chula Vista (“City”) was the first jurisdiction in southern California to develop comprehensive strategies to reduce the future risk and associated costs from local climate change impacts; and WHEREAS, expected local impacts include escalating temperatures and heat waves, changing precipitation patterns, rising sea levels, and increasing extreme natural events; and WHEREAS, the California Natural Resources Agency released a request for proposals for a new Urban Greening Program (the “Program”) grant to help local governments and public agencies implement plans and projects that address local climate change impacts; and WHEREAS, the Legislature and Governor of the State of California have provided funds for the Program; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the Program, establishing necessary procedures; and WHEREAS, City’s Public Works and Development Services staff members are working with Tree San Diego, a regional non-profit organization, to develop for submission a grant proposal which aligns with the City’s current climate action strategies; and WHEREAS the F Street Promenade Project is being proposed for funding with the Urban Greening Program grant; and WHEREAS, the procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the City Council board before submission of the application to the State; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the filing of an application for California Climate Investments’ Urban Greening Program, with any grant funds received to be used for the F Street Promenade Project; and 2. Certifies that the City understands the assurances and certification in the application; and 3. Certifies that the City will have sufficient funds to operate and maintain the Project consistent with the land tenure requirements, or will secure the resources to do so; and 4. Certifies that the City will comply with the provisions of Section 1771.5 of the State Labor Code; and 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained, and 6. Certifies that the City will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and 7. Appoints the Director of Public Works, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. Jointly Presented by Richard A. Hopkins Public Works Director Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney URBAN GREENING PROGRAM FINAL GUIDELNES FUNDED BY CALIFORNIA CLIMATE INVESTMENTS STATE OF CALIFORNIA CALIFORNIA NATURAL RESOURCES AGENCY March 2017 i TECHNICAL ASSISTANCE WORKSHOPS CALL (916) 653-2812 TO RSVP OR VIA EMAIL AT: urbangreening@resources.ca.gov Due to the interactive format of the workshops, only the first hour of the Sacramento event will be webcast. Participants are encouraged to attend the workshop in person to benefit from the networking opportunities and access to technical assistance. The webcast platform is limited to 100 people. If joining by webcast, please limit the number of online participants to one per organization. The webcast can be found here: http://resources.ca.gov/grants/urban-greening/ March 13, 2017 9 am - 12 pm SACRAMENTO Resources Building Auditorium 1416 9th Street, 1st Floor Sacramento, CA 95814 Webcast available via our website) Webcast available for the first hour only) Parking Information: http://www.cityofsacramento.org/Public- Works/Parking-Services March 14, 2017 10 am -1 pm FRESNO Caltrans Manchester Office Yosemite Room 145 2015 East Shields Avenue, Suite 100 Fresno, CA 93726 Free On-Site Parking Available March 16, 2017 1 pm – 4 pm COACHELLA Coachella Corporate Yard 53462 Enterprise Way Coachella, CA 92236 March 17, 2017 9am-12pm RIVERSIDE CalFire Southern Operations Center 2524 Mulberry Street, Media Room Riverside, CA 92501 Free On-Site Parking Available March 20, 2017 10 am – 1 pm TRACY City of Tracy Public Works BSC Training Room 520 N. Tracy Boulevard, Boyd Center – Gate 3 Tracy, CA 95376 Free On-Site Parking Available March 24, 2017 11 am – 2 pm SAN DIEGO San Diego Training Center 5500 Overland Avenue, Building 5500 1st Floor Conference Room San Diego, CA 92123 March 27, 2017 10 am – 1 pm OAKLAND Temescal Beach House 6500 Broadway Oakland, CA 94618 Free On-Site Parking Available If using GPS, make sure to use the address above, not Temescal Park.) March 28, 2017 11 am – 2 pm LYNWOOD Lynwood Civic Center Complex Bateman Hall 11331 Ernestine Avenue Lynwood, CA 90262 Free On-Site Parking Available ii The Guidelines include information to assist you in preparing an application for funding. Please be sure to read them in their entirety for important information on project eligibility, evaluation criteria and submission requirements. For general application process questions, contact the California Natural Resources Agency at: Phone: (916) 653-2812 Email: urbangreening@resources.ca.gov Website: http://resources.ca.gov/grants/urban-greening/ HOW TO SUBMIT Submit Online Applications: Applications must be submitted through the California Natural Resources Agency’s System for Online Application Review (SOAR) found at: https://soar.resources.ca.gov The SOAR system will not accept submissions for this program after 5:00 pm on May 1, 2017. A printed original (with wet signature) and one copy must also be sent to the Bonds and Grants Unit with a postmark no later than May 3, 2017. Send to: California Natural Resources Agency Attn: Urban Greening Coordinator 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 Applicants will need to sign up for a SOAR user account. A detailed guide on how to use SOAR and submit applications is located on our website at: http://resources.ca.gov/grants/. SOAR System Questions For technical assistance with the SOAR website, please contact the SOAR help desk: 8:00 AM - 5:00 PM Monday thru Friday. Phone Number: (916) 653-6138 Email: SOAR.ADMIN@resources.ca.gov A Help Desk representative will contact you regarding your email or call as soon as they are available to do so. When contacting the SOAR help desk, please provide the following Proposal Identification Number (PIN) assigned to the application Name of the funding program (Urban Greening) Short description of the problem, including where in the application the problem is occurring A screen shot of the error received, if applicable iii TABLE OF CONTENTS TITLE PAGE Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Quantification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Statutory Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Priority Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Funding Allocation and Grant Amounts . . . . . . . . . . . . . . . . . . . . . . . 5 Tribal Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 5 Selection Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Project Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 State Audit and Accounting Requirements . . . . . . . . . . . . . . . . . . . . . 9 One Page Concept Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Preparing Your Grant Application Package . . . . . . . . . . . . . . . . . . . . 10 Eligibility Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Disadvantaged Community Checklist . . . . . . . . . . . . . . . . . . . . . . . . . 13 Application Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Brief Project Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Project Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Project Data Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Statutory and Program Requirements . . . . . . . . . . . . . . . . . . . . . . 17 Statutory and Program Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Disadvantaged Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Statewide Park Development and Community Revitalization Act of 2008 . . . . 24 Additional Project Characteristics. . . . . . . . . . . . . . . . . . . . . . . . . 25 Project Readiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Organizational Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Required Supporting Documentation . . . . . . . . . . . . . . . . . . . . . . . . . 27 Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 A. Application Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. Available Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 C. Environmental Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 D. Disadvantaged Communities Tools and Criteria . . . . . . . . . . . 34 E. Site Control/Land Tenure Requirements . . . . . . . . . . . . . . . . . 36 F. Memorandum of Unrecorded Grant Agreement/ Deed Restrictions . . . . . . . 37 G. Funding Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 H. Resolution Templates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 I. Eligible Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 J. Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 K. Willing Seller Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 L. Property Data Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 M. Project Permit/Approval Status . . . . . . . . . . . . . . . . . . . . . . . . 49 N. Sample Grant Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 O. Senate Bill 859 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 P. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 1 INTRODUCTION Signed into law in 2006, Assembly Bill (AB) 32, also known as the California Global Warming Solutions Act of 2006 required a sharp reduction of greenhouse gas (GHG) emissions to 1990 levels by 2020. AB 32 was the first program to take a comprehensive, long-term approach to addressing climate change to improve the environment and natural resources while maintaining a robust economy. Recently signed into law, Senate Bill (SB) 32 confirms the State’s continued commitment to reducing GHG emissions by directing emissions reductions to meet a target of 40% below 1990 levels by 2030. Signed into law on September 14, 2016, SB 859 (Chapter 368, Statutes of 2016) authorized the expenditure of $1.2 billion in Cap and Trade revenues, also known as the Greenhouse Gas Reduction Fund (GGRF), for projects aimed to reduce GHG emissions. The California Natural Resources Agency (Agency) was allocated $80 million to its Urban Greening Program specifically for green infrastructure projects that reduce GHG emissions and provide multiple benefits. Greenhouse Gas Reduction Funds have separate governing statutes: AB 1532 (Pérez, Chapter 807, Statutes of 2012), SB 535 (De León, Chapter 830, Statutes of 2012), and SB 1018 (Budget and Fiscal Review Committee, Chapter 39, Statutes of 2012) provide the framework for how the GGRF must be appropriated and expended. All GGRF expenditures must achieve reductions of greenhouse gas emissions. In addition to greenhouse gas emissions reduction, goals derived from AB 1532, established for the investment of auction proceeds, and SB 535, requirements for allocating funds to benefit disadvantaged communities, are presented below: Maximize economic, environmental, and public health benefits to the State; Foster job creation by promoting in-State greenhouse gas emission reduction projects carried out by California workers and businesses; Complement efforts to improve air quality; Direct investment toward the most disadvantaged communities and households in the State; Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions; Lessen the impacts and effects of climate change on the State’s communities, economy, and environment; Allocate at least 25% of the available proceeds to projects that provide benefits to disadvantaged communities; and Allocate at least 10% of the available proceeds to projects located within disadvantaged communities. BACKGROUND Over the years, Agency has administered a suite of programs including the California River Parkways Program, Environmental Enhancement and Mitigation Program, and the Strategic Growth Council’s Urban Greening Program under Proposition 84. These programs funded projects that provided a wide variety of benefits such as environmental, health, and community revitalization throughout the State. The Urban Greening Program, funded by the GGRF, continues the legacy of these programs but with a specific focus of achieving greenhouse gas reductions. Consistent with AB 32, the Urban Greening Program will fund projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption and reducin g 2 vehicle miles traveled, while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improving air and water quality and reducing energy consumption, and creating more walkable and bike - able trails. These Guidelines establish the administrative and evaluation criteria for this competitive program. Grants will be awarded on a competitive basis using evaluation criteria described on page 15. This program emphasizes, and gives priority to, projects that are located within and benefit the State’s disadvantaged communities. QUANTIFICATION The Urban Greening Program is responsible for reporting to the California Air Resources Board ARB) GHG emission reductions resulting from funded projects in accordance with an ARB approved quantification methodology and Funding Guidelines for Agencies that administer California Climate Investments (December 21, 2015) and Funding Guidelines Supplement for FY 2016-17 Funds. All projects are required to show a net GHG benefit and provide multiple other benefits. In order to quantify GHG emission reductions, projects must include at least one of the following project activities: 1. Sequester and store carbon by planting trees 2. Reduce building energy use by strategically planting trees to shade buildings 3. Reduce commute vehicle miles traveled by constructing bicycle paths, bicycle lanes or pedestrian facilities that provide safe routes for travel between residences, workplaces, commercial centers, and schools. ARB’s quantification methodology for the Urban Greening Program can be found at: www.arb.ca.gov/cci-quantification. STATUTORY REQUIREMENTS (SB 859) Eligible Applicants - Grant Funds will be awarded to a city, county, special district, nonprofit organization, or an agency or entity formed pursuant to the Joint Exercise of Powers Act Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, notwithstanding the Joint Exercise of Powers Act. Projects – In addition to reducing greenhouse gas emissions, SB 859 requires all projects to achieve measurable benefits. Per statute, all projects must do at least one of the following- 1. Acquire, create, enhance, or expand community parks and green spaces, and/or 2. Use natural systems or systems that mimic natural systems to achieve multiple benefits. See Appendix O for the complete SB 859 text. Eligible Urban Greening Projects Eligible urban greening projects will reduce GHG emissions and provide multiple additional benefits, including, but not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy. Eligible projects will result in the conversion of an 3 existing built environment into green space that uses natural and green infrastructure approaches to create sustainable and vibrant communities. A competitive project will maximize opportunities to reduce GHG emissions through project design and implementation, and will incorporate green infrastructure solutions that improve the sustainability and function of existing urban hardscapes and landscapes. Examples of eligible urban greening projects include, but are not limited to, the following: Establishment, enhancement, and expansion of neighborhood parks and community spaces Greening of public lands and structures, including schoolyards, and which may include incorporation of riparian habitat for water capture and provide for other public and wildlife benefits Green streets and alleyways Non-motorized urban trails that provide safe routes for travel between residences, workplaces, commercial centers, and schools Urban heat island mitigation and energy conservation efforts All eligible projects must result in GHG reductions by including at least one of the following activities: 1. Sequester and store carbon by planting trees 2. Reduce building energy use by strategically planting trees to shade buildings 3. Reduce commute vehicle miles traveled by constructing bicycle paths, bicycle lanes or pedestrian facilities that provide safe routes for travel between residences, workplaces, commercial centers, and schools. Examples of Ineligible Projects or Elements The items below provide examples of projects and elements that are not eligible under this program. (This is not a comprehensive list.) Projects that do not quantify a reduction in GHG emissions using ARB’s approved methodology. Projects that do not include the planting of trees and/or a trail that provides active transportation opportunities. Projects that plant invasive plants or trees, or plant for aesthetic purposes only. Projects to acquire property that cannot be purchased at or below fair market value. Acquisition-only projects that do not include development into an urban greening project. Projects that include non-permeable surfaces, including concrete or asphalt, except when they are utilized as part of the project to reduce greenhouse gas emissions related to vehicular miles travelled or other sources. Projects contingent on future acquisition for implementation. Projects that are intended to correct problems caused by inadequate maintenance. Applications that include more than one project. However, more than one application can be submitted by an applicant. Projects where applicant cannot demonstrate satisfactory permissi on to develop and maintain site at the time of application. Educational or training programs. 4 Acquisitions involving eminent domain. Projects that include planting trees larger than 15 gallon. PRIORITY CONSIDERATIONS The following are priorities in awarding grants. In evaluating projects, the State may also consider factors including, but not limited to, geographic distribution of funds, disadvantaged community status per SB 535 and potential project benefits, as well as partial funding. Statutory Priorities (SB 859) – Additional points will be given to projects that meet two of the following: 1. Provides park or recreational benefits to a critically underserved community or disadvantaged community. 2. Proposed by a critically underserved community or disadvantaged community. 3. Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training. 4. Uses interagency cooperation and integration. 5. Uses existing public lands and facilitates the use of public resources and investments, including schools. Disadvantaged Communities – Per SB 859, disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code (SB 535 disadvantaged community) or pursuant to Section 75005 of the Public Resources Code (a community with a median household income less than 80% of the statewide average.) SB 859 directs Agency to allocate at least 75 percent of the funding available to projects located in , and that provide benefits to, disadvantaged communities. SB 535 (Chapter 830, Statutes of 2012) directs State and local agencies to make significant investments that improve California’s most vulnerable communities. The statute requires that the GGRF investment plan allocates a minimum of 25 percent of available monies to projects that provide benefits to disadvantaged communities; a minimum of 10 percent to projects located within disadvantaged communities. SB 535 directs the California Environmental Protection Agency (CalEPA) to identify disadvantaged communities based on geographic, socioeconomic, public health, and environmental hazard criteria. To inform its decision, CalEPA used the California Communities Environmental Health Screening Tool (CalEnviroScreen 2.0), to identify census tracts disproportionately burdened by and vulnerable to multiple sources of pollution. For the purposes of the GGRF, CalEPA defines disadvantaged communities as the top 25% highest scoring census tracts from CalEnviroScreen 2.0. See Appendix D for instructions on how to access maps which identify disadvantaged communities per SB 535 or Section 75005 of the Public Resources Code and the criteria for determining if the project meets the SB 535 approach. To facilitate the statutory mandate for 25 percent of all GGRF expenditures to benefit disadvantaged communities pursuant to SB 535, this program will intend to award a minimum of 75 percent of all grant funding for that purpose. For this program as a whole, projects that meet the SB 535 or SB 859 approaches to disadvantaged communities will be more competitive. 5 Statewide Park Development and Community Revitalization Act of 2008 – This program will maximize the expenditure of funds made available from this Act (Chapter 3.3 commencing with Section 5640) of Division 5 of the Public Resources Code. OTHER REQUIREMENTS Projects must: 1. Comply with the California Environmental Quality Act (CEQA), Division 13 (commencing with Section 21000). 2. Be acquired from a willing seller (acquisitions). 3. Comply with all labor codes. 4. Provide public access, where feasible. 5. Be located in an urban area. For the purposes of this program, projects that do not qualify as a disadvantaged community under SB 535 (CalEnviroScreen 2.0), an urban area is defined as a geographic area designated or defined as urban by an applicable plan covering the project area, including, but not limited to general plans, specific plans, or community plans. 6. Provide direct benefits to the urban area such as walkability and/or functionality (i.e., no impediments such as a freeway with no under/over passing, river with no pedestrian crossing, storm water capture that does not directly benefit the urban area, etc.) 7. Track and report performance metric data about GHG reductions and other co -benefits. (See Project Reporting and Performance) 8. Engage with the local community to develop the project. 9. Comply with the Model Water Efficient Landscape Ordinance (MWELO) or local agency landscape water ordinance (if as strict or stricter) and use low water, drought tolerant plantings (This program does not fund high water plantings). 10. Projects must provide multiple benefits (economic, environmental, and social) to the community. Such benefits must be optimized. Website addresses and links to legislation and other available resource and reference materials may be found in Appendix B. FUNDING ALLOCATION AND GRANT AMOUNTS Approximately $76 million is available for urban greening projects. The Agency anticipates one funding cycle; however, funding cycles are contingent upon the number of competitive applications. There are no minimum or maximum grant amounts for this program. Match funds are not required for this program. However, projects that leverage other sources of funds may be more competitive. TRIBAL CONSULTATION Agency recognizes the need for consultation regarding projects that affect California tribal communities. As such, applicants should make every effort to involve Native American Tribes or stakeholder groups as appropriate. 6 SELECTION PROCESS 1. Applicants submit application packages through the System for Online Application Review SOAR). See page ii for more information. 2. Applicants submit one hardcopy original (with wet signature) and one copy of the complete grant application package to the State by the deadline. 3. Applications reviewed for completeness and eligibility. Incomplete or ineligible applications are subject to being withdrawn from the competitive process. (An application containing more than one project is not eligible for funding. However, applicants may submit more than one application per grant round.) 4. Applications evaluated using the established criteria and any additional funding considerations. 5. Site visits scheduled and conducted prior to funding decisions. 6. Recommendations submitted to the California Secretary for Natural Resources. 7. Final funding decisions determined and announced. All information contained in the grant application is confidential until the grant awards are announced. The State reserves the right to reject an applicant during the grant review period that is in violation of law or policy at any other public agency. Potential violations include, but not limited to, being in default of their performance requirements in other contract or grant agreements issued by the State, being engaged in or suspected of criminal conduct that could poorly r eflect on or brings discredit to the State, or failing to have all required licenses to perform the State functions. The State further reserves the right to reject any applicant who has a history of performance issues with past grants or other agreements with any public entity, including the grantor. Conflict of Interest All applicants and individuals who participate in the review of submitted applications are subject to state and federal conflict of interest laws. Any individual who has participated in planning or setting priorities for a specific solicitation over and above the public comment process or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds through that solicitation. Failure to comply with conflict of interest laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent grant agreement being declared void. Other legal actions may also be taken. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411. PROJECT ADMINISTRATION General Overview of Grant Process after Grants are Awarded 1. Grants Administrator works with Grantee to develop grant agreement. 2. State sends grant agreement and materials for project grant administration to grantee. 3. Grantee signs and returns all required copies to the State (one fully executed original will be returned to the Grantee). 7 4. For acquisitions, grantee submits appraisal, purchase documents, etc., for Department of General Services’ (DGS) review. DGS appraisal review fees are an eligible cost. For estimating purposes, applicants should use $10,000 per escrow as an estimate in their grant proposal to cover these fees. 5. For development projects, grantee will submit final site control documents adequate to the State before any reimbursement will be made. 6. Grantee commences preliminary work (planning, design, permitting, CEQA, etc.) on the project and submits requests for reimbursements, as applicable. 7. Grantee submits final site plan, timeline and cost/budget estimate (as applicable) for State review prior to commencing with construction. 8. Grantee submits CEQA compliance documentation . No construction costs will be reimbursed until CEQA is completed to the satisfaction of the State. 9. Grantee notifies the State of any public events related to the initiation of project construction. 10. Grantee posts signage acknowledging source of funds. 11. Grantee commences construction work on the project and may submit payment requests for reimbursement of eligible project expenditures. 12. The State conducts, as needed, periodic project site visits and request periodic progress reports from the Grantee. 13. Grantee completes project and submits project completion packet (to be provided under separate cover) to the State. 14. State makes final project inspection, deems the project “complete,” and approves final payment. 15. The grant may be audited as frequently as annually during the course of the project and for the project life after the project is completed. 16. Projects are subject to compliance inspections for the land tenure time period indicated in Appendix E. Changes to Approved Project A grantee seeking changes or amendments to an approved project must obtain approval from the State. Changes in the project scope must continue to meet the need and net GHG benefit cited in the original application in order to be approved. The grantee jeopardizes funding should changes be made without approval. Eligible Costs Direct project-related construction and non-construction costs incurred during the project performance period specified in the grant agreement will be eligible for reimbursement. All eligible costs must be supported by appropriate documentation. Costs incurred outside of the project performance period and indirect costs are not eligible (See Appendix I for further information on Eligible Costs). Site Visits The State may make periodic visits to the project site, including a final inspection of the project. The State will determine if the work is consistent with the approved project scope and ensure compliance with the signage requirements. 8 Payment of Grant Funds Funds will not be disbursed until there is a fully executed grant agreement between the State and the Grantee. Development Projects Payments will be made on a reimbursement basis (i.e., the grantee pays for services, products or supplies, documents that payee has received payment, and is reimbursed by the State). Funding for proposed project implementation /construction is contingent upon CEQA completion. Periodic reimbursement may be contingent upon satisfactory documentation of stated objectives in the application and administrative benchmarks (e.g., collaboration efforts, outreach, funding acknowledgement signs, final design, etc.). At the sole discretion of the State, ten percent (10%) of the amounts submitted for reimbursement will be retained and released as a final payment upon satisfactory project completion. Acquisition Projects Acquisitions must include development into an urban greening project as part of the project being funded. State-approved purchase price (not to exceed fair market value), together with eligible acquisition costs may be advanced into an escrow account within 60 days of close of escrow. At the sole discretion of the State, all disbursements are subject to a ten percent 10%), or $10,000, retention. The remainder of the Grant, if any, shall be available on a reimbursable basis for other eligible costs. Fiscal Sponsor If an applicant is unable to carry the financial responsibility of a reimbursement program, it may partner with a fiscal sponsor. The fiscal sponsor may be either a local public agency or 501 c)(3) non-profit organization. Loss of Funding (Not a complete list) The following are examples of actions that may result in a Grantee’s loss of funding Grantee fails to obtain a Grant Agreement. Grantee loses willing seller(s). Grantee fails to complete the funded project. Grantee fails to submit all documentation within the time period specified in the grant agreement. Grantee fails to submit evidence of CEQA compliance within allowed time as specified by the grant agreement. Property cannot be acquired at or below approved fair market value (pursuant to appraisal review by the Department of General Services). Grantee is unable to secure adequate land tenure/site control (see Appendix E). Grantee changes project scope without approval of the State or the modified project doesn’t meet intent of grant. 9 Project Reporting and Performance All grantees are required to provide periodic reports to Agency detailing the current status of the project. Grantee will be responsible for providing quantitative, as well as qualitative, project results. Reported project information will be publicly available on ARB’s website. All reports shall, at a minimum, include the following items: Project name Project location Total grant award Quantified GHG reduction results Quantified energy saving results Disadvantaged community definition used and census tract information Disadvantaged community benefits for SB 535 definition per ARB Funding Guidelines Quantified co-benefit results Anticipated outcomes in the next quarter Project timing Furthermore, 30 percent of awarded projects will be required to provide an annual project outcome report for up to five years after project completion. Projects selected for project outcome reporting may be based on geography, project type, co-benefits, and disadvantaged community status. STATE AUDIT AND ACCOUNTING REQUIREMENTS Audit Requirements Urban Greening projects are subject to audit by the State of California annually following the final payment of grant funds and for the project life. If the project is selected for audit, advance notice will be given. The audit shall include all books, papers, accounts, documents, or other records of the grantee, as they relate to the project for which the funds were granted. All project expenditure documentation should be available for an audit whether paid with grant funds or other funds. The grantee must have the project records, including the source documents and evidence of payment, readily available, and provide an employee with knowledge of the project to assist the auditor. The grantee must provide a copy of any document, paper, record, etc., requested by the auditor. Accounting Requirements The Grantee must maintain an accounting system that: Accurately reflects fiscal transactions, with the necessary controls and safeguards. Provides a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, employee paystubs and time cards, evidence of payment, etc. Provides accounting data so the total cost of each individual project can be readily determined. Records Retention Project records must be retained for the project life (See the Urban Greening Expenditure Record for the project life for each project activity. A link to the expenditure record is located in Appendix 10 B). Grantees are required to keep source documents for all expenditures related to each grant for the project life. A project is considered complete upon receipt of final grant payment from the State. ONE-PAGE CONCEPT PROPOSAL (OPTIONAL) Applicants may submit a one-page concept proposal. Though not required, this process will help the applicant determine if the project is a good fit for the grant program before completing a full application. This proposal should be concise to give reviewers a snapshot of the project. In depth explanations may be provided later in the actual application. Feedback will be provided generally within 1-2 weeks. The proposal should include the following: Applicant Name Project Name Brief Project Description (focus on tasks for which funding is requested). How does the project meet quantification (GHG project activities) and statutory requirements? How does the project meet statutory priorities? How was the project area determined to be urban? If applying as a disadvantaged community, how was this status determined? In order to be reviewed, the one-page concept proposal must be submitted to urbangreening@resources.ca.gov no later than April 11, 2017. PREPARING YOUR GRANT APPLICATION PACKAGE Complete the online application (see page ii), upload all attachments, and print two hardcopies (1 original, 1 copy) to be sent in by mail. Hardcopies should be bound with a binder clip only and all pages should be printed on 8½ x 11 inch paper. The grant application package includes: 1. Eligibility Checklist: completed and printed directly from SOAR (see page 12) 2. Disadvantaged Community Eligibility Checklist: completed and printed directly from SOAR (see page 13) 3. Application Form: completed and printed directly from SOAR (see page 14) 4. Brief Project Summary: completed and printed directly from SOAR (see page 15) 5. Project Data: answered in and printed directly from SOAR (see page 16) 6. Project Evaluation Questions: answer all project evaluation questions that apply to the proposed project in a separate Word file or PDF (see page 17) and upload the attachment in SOAR. A template is available at http://resources.ca.gov/grants/urban- greening/. 7. Required Supporting Documentation: (see page 27 for a detailed list). All supporting documents are also listed in the application package checklist and uploaded directly into SOAR (see page 30). The Project Evaluation Questions are the primary basis for the Committee’s evaluation. It provides details on the Urban Greening Project and should demonstrate to the Committee how effectively the project meets the goals of the Urban Greening program. 11 Applicants must answer the questions in the Statutory and Program Requirements and Statutory and Program Priorities sections based on their selections. In addition, all applicants must answer each question in the following sections: Disadvantaged Communities, Statewide Park and Community Revitalization Act of 2008, Additional Project Characteristics, Project Readiness, and Organization Capacity. Applicants should respond to questions in the order listed and clearly label each question and answer. A. Limit the Project Evaluation Questions to 10 pages (not including sections printed directly from SOAR or supporting documents). B. Use 8 ½ x 11” paper with a 12-point easy to read font. C. Upload the Project Evaluation Questions directly into SOAR. 12 ELIGIBILITY CHECKLIST To help determine eligibility, prior to completing a full application, answer the following questions. Criteria Yes/No 1. Is the applicant one of the entities listed below? (Mark applicable) City County Non-profit organization 501 (c) (3) Joint Powers Authority Special District 2. Does the project meet at least one of the three GHG reduction project activities listed on page 2? Sequester and store carbon by planting trees Reduce building energy use by strategically planting trees to shade buildings Reduce commute vehicle miles traveled by constructing bicycle paths, bicycle lanes or pedestrian facilities that provide safe routes for travel between residences, workplaces, commercial centers, and schools. 3. Does the project meet at least one of the statutory requirements listed on page 2? Acquire, create, enhance or expand community parks and green spaces Use natural systems or systems that mimic natural systems to achieve multiple benefits 4. Is the project located within a disadvantaged community, per SB 535 CalEnviroScreen 2.0)? 4.a. If not, is the project located in an urban area as defined? If yes, list the applicable plan covering the project area that designates or defines the area as urban (May include, but not limited to, general plans, specific plans, or community plans.) Plan Name: 13 DISADVANTAGED COMMUNITY ELIGIBILITY CHECKLIST A minimum of 75% of the available fund will be awarded to projects located within and benefitting disadvantaged communities per SB 535. To help determine disadvantaged community eligibility, prior to completing a full application, answer the following questions. See Appendix D for more information on identifying a disadvantaged community and the criteria for evaluating projects with disadvantaged communities. Criteria Yes/No 1. Does the project serve a disadvantaged community? (Select all that apply) SB 535 (CalEnviroScreen 2.0) SB 859 (low median household income) Critically Underserved Community 2. Is 50% or more of the project in a publicly accessible area in the disadvantaged community? If you selected “Yes” to SB 535, answer Questions 3-8. Applicants must meet at least one of the following to be eligible for the SB 535 approach to disadvantaged community. Select all that apply. 3. Will a majority of the trees planted be accessible by walking within ½ mile of the disadvantaged community? 4. Does the project reduce the flood risk to one or more adjacent disadvantaged communities? 5. Does the project expand or improve the usability of existing active transportation routes? 6. Does the project improve open spaces, parks, greenbelts, and recreational areas publicly accessible by walking within ½ mile of a disadvantaged community? 7. Does the project include at least 25% of the project work hours being performed by residents of a disadvantaged community? 8. Does the project include at least 10% of the project work hours being performed by residents of a disadvantaged community participating in job training programs? 14 APPLICATION FORM Below is a sample of the program application form. The application form will be printed directly from SOAR. Applicants are to provide one signed original and one copy of the form with their hardcopies. 15 BRIEF PROJECT SUMMARY Provide a brief summary in SOAR which addresses the items below. Summarize the specific project for this grant request and how it meets the program goals. Also include a brief description of current site conditions, community and government agency partnerships, benefits of the proposed project, and extent of public access, if feasible. If the proposed project is located within a disadvantaged or critically underserved community, please describe. (See Appendix D). Describe how the proposed project benefits a disadvantaged or critically underserved community. (See Appendix D). PROJECT EVALUATION Evaluation/Scoring Criteria All information in the application package is requested to facilitate the review team’s project evaluation and should demonstrate how effectively a project meets minimum requirements, program goals/objectives and required due diligence. Projects will be scored in the following areas. A total of 140 points are possible. Points will be attributed to each section and not to individual questions. 1. Statutory and Program Requirements (Per SB 859) 0 – 40 Project reduces Greenhouse Gas Emissions Project acquires, creates, enhances, or expands community parks and green spaces, AND/OR uses natural systems or systems that mimic natural systems to achieve multiple benefits Project achieves multiple benefits 2. Statutory and Program Priorities (Per SB 859) 0 – 30 Provide park or recreational benefits to a critically underserved community or disadvantaged community Proposed by disadvantaged or critically underserved community (Project must be located within the disadvantaged community) Develop partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training Uses interagency cooperation and integration Uses existing public lands and facilitates the use of public resources and investments, including schools 3. Disadvantaged Communities Project is located within and benefits a disadvantaged community (SB 535) 20 Project addresses a meaningful and important community need (SB 535) OR 0 – 10 Project benefits a disadvantaged community (SB 859) 5 4. Statewide Park Development and Community Revitalization Act 0 – 5 5. Additional Project Characteristics 0 – 10 6. Project Readiness 0 – 10 7. Organizational Capacity 0 – 10 16 Project Data – Each applicant must answer all of the questions below. This section is needed for data collection in order for the State to fulfill outside reporting requirements. These questions are to be answered directly in SOAR. 1. Select the two statutory priorities that are most applicable to your project: a. Provides park or recreational benefits to a critically underserved community or disadvantaged community. b. Proposed by a critically underserved community or disadvantaged community. c. Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training. d. Uses interagency cooperation and integration. e. Uses existing public lands and facilitates the use of public resources and investments, including schools. 2. Please enter the quantities on all of the following measures applicable to your project: a. Net GHG benefit b. Trees to be planted c. Acre feet of stormwater captured/treated d. Acres of green/open space created/restored/enhanced e. Acres of green/open space to be acquired f. Miles of commuter trail to be created g. Plants to be planted (non-trees) h. Acres of riparian habitat restored/enhanced i. Miles of nature trail to be created j. Net GHG Benefit/Urban Greening GGRF Funds Requested k. Trees to be planted within 60 feet of a conditioned building l. Number of development rights extinguished 3. Select the two project examples that are most applicable to your project?: a. The greening of existing public lands and structures, including schools b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools d. Tree canopy e. Neighborhood, city, regional, or county parks and open space f. Riparian habitat g. Urban heat island mitigation and energy conservation efforts through greening, including green roof projects h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change j. Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities 17 4. Is the project ADA accessible? a. Yes b. No 5. Does the project use recycled or reclaimed water? a. Yes b. No 6. Name of the lead agency for CEQA: 7. Type of Project a. Development b. Acquisition and Development 8. Other Sources of Funds (enter the dollar amount in each applicable category) a. Federal Contribution b. Local Contribution c. Other State Funds d. Private Contribution Project Evaluation Questions Statutory and Program Requirements – All projects must meet certain requirements as specified in statute. Each applicant must answer all questions below. Questions are to be answered in the Project Evaluation Questions attachment and uploaded in SOAR. Click here to find the template for your use. 1. Explain how the project meets the criteria of 1) acquiring, creating, enhancing, or expanding community parks and green spaces, and/or 2) using natural systems, or systems that mimic natural systems. 2. Describe which of the three project activities (carbon sequestration through tree-planting, energy use reduction from tree shade, or reduced vehicle miles traveled), is being proposed and explain how the proposed strategy will result in a net GHG benefit. 3. Using the ARB quantification methodologies, how does your project result in a GHG benefit? Include data on factors contributing to GHG emissions and anticipated outcomes. ARB’s quantification methodology for the Urban Greening Program can be found at: www.arb.ca.gov/cci-quantification 4. Explain how the project provides multiple benefits. These could include, but are not limited to, reduced air pollution, water pollution, consumption of natural resources, or consumption of energy. To help achieve multiple benefits, the project must include the establishment or enhancement of two of the following examples (See Appendix O): a. The greening of existing public lands and structures, including schools b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools d. Tree canopy e. Neighborhood, city, regional, or county parks and open space 18 f. Riparian habitat g. Urban heat island mitigation and energy conservation efforts through greening, including green roof projects h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural system s to buffer the impacts of climate change j. Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities 5. Answer the corresponding questions for the two examples selected in Question 4. Applicants will provide a qualitative description of project as well as any quantitative information on this topic. a. Greening of existing public land and structures, including schools 1. Describe the current environmental condition of the project site. How is the project site currently used? What is the size, in acres, of the project site? 2. How does the current use contribute to the economic, social and/or recreational life of the community? How will that change as a result of the project? b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees 1. Describe the current use condition of the project site. 2. How will the project convert the property into a green street or alley? Include any plans for recreational and scenic amenities. 3. Will the project reduce vehicle miles traveled? Explain. c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools 1. How will the project extend trails or routes for recreational and/or commuter purposes? Describe the intended users. 2. Describe how the trail increases connectivity of the active transportation network such filing gaps or otherwise completing routes in a bike or trail plan or a low -stress bikeway network. 3. What construction materials will be used? Include any environmentally-friendly materials that will be used for trail construction (e.g., permeable surfaces). 4. What percentage of the proposed trail system will be ADA accessible? Describe accommodations. 5. How many miles of trail will be created or enhanced? 19 6. Does the trail connect to or between parks, open space, or green infrastructure? 7. Does the trail improve safety for bicyclists and or pedestrians which may lead to increased biking or walking? d. Tree Canopy 1. Are green space or vegetation (tree) assessments available in your community? If yes, please describe. 2. What species of trees and plants will be used? If planting non-native species, explain the rationale behind the selections. 3. Are there any local tree canopy ordinances at the project site? Will this project help you meet that these ordinances? 4. How many trees will be planted in how much space? What is the size of each of the trees proposed? Trees must not be larger than 15 gallon. 5. What consideration, if any, was given to pollen production in the project plant palette? See the links to SelecTree and OPALs in Appendix B for allergy information on specific species) 6. What are the environmental benefits of the species selected? 7. Are selected trees and other plants environmentally tolerant to drought, smog, soil compactions, frost, wind, etc.? 8. Will the initial size selected for the planting area have the best chance for survival and growth on the project site? 9. Explain how your project activity preserves and promotes species diversity in the urban forest. 10. Will the species selected reduce the effects of insects and diseases? 11. How will the trees be protected from vandalism? 12. Has an impermeable surface assessment been conducted? If so, what were the results? If not, will one be conducted during the project? e. Neighborhood, city, regional, or county parks and open space 1. Describe the environmental condition of the park/open space. Does the project protect rare, threatened, or endangered species and their habitats? 2. How will the project convert the property into a park/open space? Include any plans for recreational and scenic amenities. 20 3. Will the project protect agricultural lands or features of archaeological or historical value? 4. Describe any limits such as parking, hours of operation, available staffing, user fees, seasonal restrictions or other ecological considerations. How do you plan to address these limitations? 5. How many acres of green space/park will be created or enhanced? 6. If project includes an acquisition, how many acres of green space/park will be acquired? f. Riparian Habitat 1. Describe how the project will protect, restore, enhance, or preserve riparian habitat using either common or scientific names to identify elements. 2. If the project includes restoration or re-establishment of riparian habitat, explain plans to employ habitat management strategies designed to reduce mosquito production See: Central Valley Joint Ventures Technical Guide to Best Practices at http://www.centralvalleyjointventure.org/assets/pdf/CVJV-Mosquito-BMP.pdf ). 3. Is there an imminent threat to the habitat (i.e., projects planned and approved in the immediate vicinity that will preclude or conflict with the maintenance of the habitat)? 4. What will happen to the existing habitat if this project does not occur? Will the habitat improve, decline, or be entirely lost? And, over what time period? 5. How many acres of habitat will be restored or preserved? g. Urban heat island mitigation and energy conservation efforts through greening, including green roof projects 1. How will the project reduce energy consumption? Describe what energy saving measures will be incorporated. Energy saving measures may include, but are not limited to, constructing green roofs, planting trees to shade buildings, walkways, and spaces, and converting asphalt to native plants and/or turf, or other permeable surfaces. 2. Explain how the project will reduce GHG emissions by reducing energy demand and promoting resource efficiencies. h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers 1. Describe generally the type of stormwater facilities in the proposal (e.g. rain gardens, planters, bioswales, green roof, etc.). 2. How will the project reduce non-point source pollution? How will the project recharge groundwater supplies? Explain. 21 3. How will the project be designed to reduce mosqui to and methane production (See: Central Valley Joint Ventures Technical Guide to Best Practices at http://www.centralvalleyjointventure.org/assets/pdf/CVJV-Mosquito-BMP.pdf) 4. Describe how the project will capture or treat runoff by answering the following: What is the estimated volume of water to be captured and treated? Explain your methodology and sources. How will you track the volume of water captured and treated? i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change 1. How will the project specifically increase resilience to climate change and what approach was used to determine said benefits? Project elements that increase adaptability to climate change include, but are not limited to, installation of green/living roofs and installing or maintaining large masses of street tree plantings and trees that shade buildings, parking lots, sidewalks and trails (heat island mitigation) etc. 2. Is the project a part of a larger climate action plan? Explain. j. Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities 1. Using the examples below, indicate which of the following apply to the project and explain how the selected benefits will be achieved - Improved mental health (e.g., social networking, overall well-being) Increased physical activity (effects on obesity, diabetes, heart disease, etc.) Reduced risk of skin cancers Increased access to locally grown/sustainable food sources Increased access to natural environments, parks, opens space, etc. Other co-benefits to public health (examples include reducing urban heat island effects, increasing safe active transportation - e.g., pedestrian walking and bicycling, and serving an area of high density population). 2. Identify specific efforts or strategies to ensure that disadvantaged communities and/or neighborhoods will realize these benefits. 3. How will the project maximize access to workforce education, training, and quality jobs to residents of disadvantaged communities and individuals with barriers to employment? 4. How will the project use state or local youth employment programs (e.g., California Conservation Corps, local conservation corps or similar youth employment programs) and how will youth employment element be integrated into the program? 5. How will the project maximize contracting with businesses located in disadvantaged communities or minority or women-owned businesses? 22 6. How will the project ensure supplier diversity and procure goods from local businesses, businesses located in disadvantaged communities, or minority or women - owned businesses? 7. If the project provides other benefits that contribute to sustainable communities, please describe. 8. How will the project maximize workforce education and training in project planning and implementation? Statutory and Program Priorities Additional points will be awarded to projects that meet two of the following priorities. For the purposes of this section, points will be awarded to projects in which either disadvantaged community approach is applicable. Answer all of the questions in the selected priorities. Questions are to be answered in the Project Evaluation Questions attachment. Click here to find the template for your use. a. Provide park or recreational benefits to a critically underserved community or disadvantaged community 1. Identify whether and how the project will expand acreage and/or access to open space in the critically underserved or disadvantaged community. 2. Specifically describe each recreational element planned for the project: Explain how the elements contribute to the overall recreational goals and objectives. Explain how the elements are compatible with the environment and the critically underserved or disadvantaged community. b. Proposed by a critically underserved community or disadvantaged community 1. Identify whether this project is proposed by a critically underserved or disadvantaged community. Explain your method of determination. Is the project located within the disadvantaged community? Explain. 2. How will the project benefit said proposed community? 3. Describe the importance of the project to the community. Is there any opposition to the project? c. Develop partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training 23 1. Discuss how the project will develop partnerships with local community organizations in order to strengthen outreach to disadvantaged communities. 2. Discuss how the project will contract with local minority or women-owned businesses to implement the project, increase supplier diversity, and provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training. 3. How does the project incorporate participation of local agencies, businesses, nonprofits, non-governmental organizations and citizens’ groups in project planning, design, or implementation? 4. Discuss any demographic, social, and/or cultural issues that are important to the local community and that will influence design, implementation, and maintenance of the project. 5. Describe how the applicant or partnering community-based organizations made efforts to meet with and involve disadvantaged community residents about the project prior to the application deadline. d. Uses interagency cooperation and integration 1. Describe partnerships with other entities, including state entities, local land use and public health authorities, and their corresponding roles in the project. 2. Describe community partnerships for the project with groups such as watershed groups, local businesses, urban forestry organizations, landowners, general public, local governments, schools, environmental groups, technical experts, neighborhood associations, etc. 3. How will the project increase community interaction and cooperation? 4. Are there relevant local land use, watershed, water management, or general plans that have jurisdiction over the project? How is the project consistent with these plans? Has the Urban Greening project been identified as a statewide priority in plans, policies, or other pronouncements? e. Uses existing public lands and facilitates the use of public resources and investments, including schools 1. What private, public, and/or non-profit financial resources have been obtained for this project? Disadvantaged Communities (See Appendix D for more information) Answer each of the following questions. For the purposes of this section, points will be awarded to projects in which the SB 535 disadvantaged community approach is applicable. Questions are to be answered in the Project Evaluation Questions attachment. Click here to find the 24 template for your use. 1. How is a disadvantaged community applicable to this project? Describe the applicant’s relationship to the disadvantaged community. 2. Identify where the project will be located in relationship to the disadvantaged census tract by providing geographical location information. If it is not located within the disadvantaged community, specify where it will be located, how far away it is from the disadvantaged community, and the availability of public transportation to the project site. Provide maps illustrating the disadvantaged community determination. (see Appendix D for guidance in determining the geographic boundary of a disadvantaged community). 3. Does the project address an important community need? How was the need determined? What is the link between the needs of the community and the proposed project? Explain. To determine if a project meaningfully addresses important community needs, applicants can look at the factors in CalEnviroScreen 2.0 that caused the project area to be defined as a disadvantaged community; host community meetings to get local input; refer to the list of common needs in Table 2-2 on page 2-13 of ARB’s Funding Guidelines; or receive documentation of community support (e.g., letters or emails). 4. Does the project reduce flood risk to the disadvantaged community? Explain. 5. Explain how the project reduces air pollution in the community? Does the project provide greater mobility and increased access to clean transportation for community residents? 6. Does the project site allow public access? Is the majority of the project accessible? Explain. 7. Do you anticipate the project will result in at least 10% of project work hours performed by residents of a disadvantaged community participating in job training programs ? 8. Do you anticipate the project will result in at least 25% of project work hours performed by residents of a disadvantaged community? Statewide Park Development and Community Revitalization Act of 2008 - Additional points will be given to projects that satisfactorily answer the following questions. Questions are to be answered in the Project Evaluation Questions. Click here to find the template for your use. 1. Was this project eligible to receive funding from the Statewide Park Development and Community Revitalization Act of 2008? 2. Did this project previously receive funding from the Statewide Park Development and Community Revitalization Act of 2008? Was the project completed? 3. If the project received funding, how will Urban Greening funds enhance the Statewide Park Development and Community Revitalization Act of 2008 funded project? Please explain. 4. If the project was not completed, explain the obstacles and how the project will now be achieved. 25 Additional Project Characteristics – Answer each of the following questions in the Project Evaluation Questions attachment. Click here to find the template for your use. 1. How does the project address environmental, social, economic, or public health issues or provide benefits not previously discussed, describe here. 2. Describe how the project might be used as a model or easily transferred to other communities and/or organizations, or explain the unique conditions in the community that make this project a good fit. 3. What type of irrigation system will be installed? Will it be permanent or temporary (i.e., for establishing plants)? Will the project use recycled or reclaimed water? 4. How will appropriate security and safety be provided? 5. Describe how the project uses anti-displacement strategies, as applicable. Project Readiness – Answer each of the following questions. Applicants should demonstrate an ability to complete the project within the timelines imposed by the appropriation. Urban Greening Program funds are expected to be expended by May 1, 2020. Therefore, projects that can be started and completed most readily will be given priority. Questions are to be answered in the Project Evaluation Questions attachment. 1. Identify and describe the steps to be taken immediately following the grant award. 2. Have performance measure standards been established to quantify the success of the project? If yes, what measures are in place? If not, what steps are being taken to develop standards prior to the completion of the project? 3. Provide the status of the following, as applicable: Preliminary design plans including plant palettes CEQA compliance Permits Commitments from project partners including funding, land access, easements, encumbrances, and operations & maintenance agreements For projects including an acquisition: detailed appraisal and/or comparable sales data; preliminary title report; negotiations with a willing seller 4. What other factors may affect the project’s timeline and completion (e.g., other sources of funds, utilities, opposition to the project, willing seller issues, etc.)? How will these factors be addressed? 5. Is there any toxic contamination resulting from prior mine-related or other industrial activity on the property? Has a Phase I or Phase II Environmental Site Assessment been completed? If so, address timing of clean-up, types of toxins, and delays to the project construction that might result from toxins on the site. 6. Describe any due diligence to determine whether there are any abandoned mines on or near the property. Has the Department of Conservation been consulted? 26 7. List all other sources of funding and amounts already committed to the project and expected timing of funds. Cite specific dollar amounts for cash contributions, in -kind services, volunteer effort, other GGRF funding, donated labor and materials, technical expertise, etc. 8. Indicate any other grants where funding has been requested, the requested amount, and the expected notification date. a. If funding is not received from other sources, is the requested grant amount sufficient to complete the project? Explain. 9. What other options are available to meet the project objectives if this grant request is not successful? 10. What is the contingency plan for implementation if the project exceeds the budget? Organization Capacity – Applicants must demonstrate their ability and willingness to complete and maintain the project according to the program requirements. Questions are to be answered in the Project Evaluation Questions attachment. 1. What is your organization’s experience in completing this type of project? Is the expertise needed for this project readily available within your organization? If not, how do you plan to procure it? 2. Explain how you plan to keep the community informed and involved in the project. 3. Who will perform long-term maintenance? Describe their experience in maintaining this type of project. How will ongoing maintenance be funded beyond the grant timeline (as applicable)? 4. Please describe how your proposed project will be sustained . Who or what institutions will take responsibility for plantings? 5. How will the project be protected from vandalism and deterioration? 6. Explain methods for estimating costs and in what way the project is cost effective. 7. Do you have a fiscal sponsor? If yes, identify the sponsor and explain their role in the project. 8. Has the applicant received a prior grant from the California Natural Resources Agency? If so, include project name and year. 27 REQUIRED SUPPORTING DOCUMENTATION (What to Submit) These documents will give reviewers a better understanding of what was described in the narrative. Please refer to the Application Package Checklist (page 30) for the appropriate number of copies of each of the following to submit with the application package. Do not submit additional materials that have not been specifically requested. 1. Location Map – Directional map with enough detail to allow a person unfamiliar with the area to locate the project site. Streets and other notable landmarks should be clearly marked to allow for easy identification. Maps or images must fit into an 8 ½” X 11” folder. 2. Site Plan – All plans should be for the project for which you are requesting funding and contain specific property details of the property as described in the grant application including exterior boundaries and public access points. Include details regarding the location of the improvements described in the grant application. The plan should be specific enough to allow someone unfamiliar with the project to visualize it in detail. 3. Photographs – Provide up to five (5) labeled photographs of different views of the project site reflecting current conditions at the site. Pictures should be no larger than 8 ½ by 11 inches. 4. Plant Palette – For projects with any plantings, provide genus, species, common name, and stock size (if known). For resources to aid in plant selection and planting standards, see Appendix B. 5. Letter from Landscape Architect, Registered Professional Foresters, or Certified Arborist – For projects with plantings, provide a letter from a landscape architect, registered professional forester, or certified arborist verifying the plant and tree selection is appropriate for the site conditions and local climate, native plantings are or are not feasible, that the project complies with MWELO or a stricter local water ordinance, and that the selections are low water and drought tolerant. 6. Project Timeline – Provide an estimated timeline for all major tasks detailed in the project. 7. Signed Authorizing Resolution from Governing Body – See Appendix H for required Resolution format and content. A draft resolution may be submitted with the application if the governing body meeting is scheduled after the application deadline. Prior to any recommendation of funding, however, the adopted copy is required. If using a fiscal sponsor, provide the standard resolution template and both fiscal sponsor resolutions. Resolutions must include all assurances indicated in the template 8. Cost Estimate – Provide a detailed cost estimate reflecting all costs associated with the project. Identify costs included in the grant request and costs covered by other funding sources in separate columns. (See Appendix J for sample format.) Cost estimates should include acknowledgement signage costs as an individual line item (See Appendix G for Signage Requirements). 28 9. Eligibility for Nonprofit Applicants – Provide evidence 1) that the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code (e.g., IRS Determination Letter) and 2) that the corporation is in good standing with the Secretary of State (e.g., Active Status printout). 10. Local Support Letter – Provide copies of letters from entities with jurisdiction over the project 1) support for the proposed project, 2) a willingness to participate in the planning, design and/or implementation, and 3) a commitment to the broad objectives of ARB’s goals. 11. Environmental Compliance (One copy only) – At a minimum, provide a copy of the Categorical Exemption, Initial Study, or Checklist for entire proposed project. Drafts are acceptable for the purpose of application (Appendix C). For Categorical Exemptions, the Lead Agency must file with the County before grant funds would be released. CEQA (and National Environmental Policy Act, or NEPA if applicable) must be completed to the State’s satisfaction before any construction funds will be disbursed. 12. Disadvantaged Community – Provide maps from California State Parks’ Community Fact Finder or CalEnviroScreen 2.0 documenting the project location in a disadvantaged community. Provide information for all census tract/block groups that the project affects Appendix D). 13. Disadvantaged Community Engagement – Attach memorandum of understanding or support letters from engaged community organizations and businesses demonstrating support and understanding of the project and that the project addresses a meaningful community need. 14. Property Data Sheet – Provide the completed property data sheet for all parcels included in the project (Appendix L). 15. Adequate Site Control/Land Tenure – Provide copies of documents verifying current ownership for each and every parcel listed on the Property Data Sheet including rights of way the project will include. Examples include, but are not limited to, tax records , owner data sheets from county records, deeds, title reports, etc. If the property is owned by a party other than the applicant, provide evidence demonstrating long-term access that authorizes the applicant to develop the project on the property (e.g., leases, easements, encroachment permits, etc.) (Appendix E). If an agreement has not yet been executed giving permission to develop the property, a signed letter by the landowner (e.g., City, County, Caltrans, PUC, etc.) indicating their intent to enter into such an agreement is acceptable for application purposes only. Site Control adequate to the State must be submitted before any grant funds will be disbursed. 16. Permit/Approval Status – Indicate the types of permits necessary to complete the project, permitting status, and potential project delays due to permitting (Appendix M). 17. Operations & Maintenance – If operations and maintenance will be performed by another entity, explain and provide evidence of concurrence from that entity, which 29 includes operational agreements, letters of intent, and memoranda of understanding/agreement signed by all parties. If an agreement has not yet been executed, a signed letter by the entity to perform the operations and maintenance indicating their intent to enter into such an agreement is acceptable for application purposes only. 18. GHG Emission Reduction Calculator – Attach the populated Urban Greening GHG Emission Reduction Calculator required by the ARB approved quantification methodology. 19. Center for Urban Forest Research Tree Carbon Calculator (CTCC) or i-Tree Supporting Documentation – For tree planting projects, provide the CTCC or i-Tree inputs used to determine the projects net GHG benefit. CTCC inputs and outputs for each tree and tree planting site scenario (if applicable) Tree population inventory used in i-Tree Street (if applicable) i-Tree Carbon Stored and Energy reports (if applicable) 20. Willing Seller Letter – For combination acquisition and development projects, provide a letter from each person on the title indicating they are a willing participant in the proposed real property transaction. The letter should clearly indicate that should grant funds be awarded, the seller is willing to enter into an agreement for the sale of the real property and for a purchase price not to exceed fair market value (Appendix K). Or, provide an executed purchase option agreement. 30 APPENDIX A - APPLICATION CHECKLIST Submit one Application Package for each Project. Application Packages should be organized in the following order. Clearly label each item. The appropriate number of copies should be provided. Bind packages with binder clips only. Do not put in folders or notebooks. All items will also be submitted online through SOAR (see page ii for instructions). Submit two (2) unbound copies (one original and one copy) of all items besides CEQA (one only) Completed Application Form– page 14 Original application form with original signature Brief Project Summary (print out from SOAR) – page 15 Eligibility Checklist (print out from SOAR) – page 12 Disadvantaged Community Checklist (print out from SOAR) – page 13 Project Data Questions (print out from SOAR) – page 16 Project Evaluation Questions – page 17 Project Location Map - page 27 Site Plan (with supporting documents: cross section, plant list, etc.) - page 27 Photographs – page 27 Plant Palette- page 27 (only for projects with any plantings) Letter from Landscape Architect, Certified Professional Forester, or Certified Arborist –page 27 only for projects with any plantings) Project Timeline- page 27 Signed Authorizing Resolution(s)– page 27 Resolution Templates –page 40 Cost estimate – page 27, 46 Eligibility for Nonprofit Applicants – page 28 Local Support Letters – page 28 Environmental Compliance (CEQA) – WITH ORIGINAL ONLY – page 28 Copy of minimum required CEQA documents listed on Summary –page 33 Evidence of Disadvantaged Community (if applicable)- page 28, 34 Disadvantaged Community Engagement- page 28 Property Data Sheet – page 28, 48 Adequate Site Control/Land Tenure – page 28, 36 Proof of ownership (tax rolls, grant deed, etc.) Project Permit / Approval Status –page 28, 49 Operations & Maintenance Documents- page 28 GHG Emission Reduction Calculator- page 29 CTCC or i-Tree Supporting Documentation- page 29 For Projects with an acquisition: Also submit two (2) copies (one original and one copy) Evidence of Willing Seller (Willing Seller Letter or Purchase Option Agreement) –page 29, 47 31 APPENDIX B – AVAILABLE RESOURCES Disadvantaged Communities SB 535 Disadvantaged Community Map http://oehha.maps.arcgis.com/apps/Viewer/index.html?appid=dae2fb1e42674c12a04a2b302a080598 California State Parks’ Community Fact Finder http://www.parksforcalifornia.org/communities Executive Orders and Legislation California Global Warming Solutions Act of 2006 (Assembly Bill 32) http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/ab_32_bill_20060927_chaptered.pdf California Environmental Quality Act (CEQA) http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prc&group=20001-21000&file=21000-21006 Governor’s Executive Order S-3-05 https://www.gov.ca.gov/news.php?id=1861 Governor’s Executive Order B-29-16 https://www.gov.ca.gov/docs/4.1.15_Executive_Order.pdf Governor’s Executive Order B-37-16 https://www.gov.ca.gov/docs/5.9.16_Executive_Order.pdf Statewide Park Development and Community Revitalization Act of 2008 http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200720080AB31 State’s Planning Policies Statute http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=65001-66000&file=65300-65303.4 Plant Palette and Water Use CAL FIRE’s Tree Planting Standards and Specifications http://www.fire.ca.gov/resource_mgt/downloads/CALFIRE_Nursery_Standards_and_Specs11_12.pdf California Invasive Plant Council’s Invasive Plant Inventory Database http://www.cal-ipc.org/ip/inventory/weedlist.php California Native Plant Society http://www.cnps.org/cnps/grownative/lists.php CalPoly Urban Forest Ecosystems Institute http://www.ufei.org/ Model Water Efficient Landscape Ordinance http://www.water.ca.gov/wateruseefficiency/landscapeordinance/ OPALS- Plant Allergy Scale http://www.allergyfree-gardening.com/ Urban Forest Ecosystems Institute- SelecTree https://selectree.calpoly.edu/ Water Use Classification by Landscape Species (WUCOLS) http://ucanr.edu/sites/WUCOLS/ Program Administration Air Resources Board California Climate Investments https://arb.ca.gov/cc/capandtrade/auctionproceeds/auctionproceeds.htm Air Resources Board Funding Guidelines for Administering Agencies 32 https://www.arb.ca.gov/cc/capandtrade/auctionproceeds/arb -funding-guidelines-for-ca-climate-investments.pdf Air Resources Board Funding Guidelines Supplement for FY 2016-17 Funds https://www.arb.ca.gov/cc/capandtrade/auctionproceeds/final_supplemental_ggrf_funding_guidelines_12_30.pdf Expenditure Records from Agencies Receiving GGRF Monies https://arb.ca.gov/cc/capandtrade/auctionproceeds/expenditurerecords.htm Methods to Find the Cost-Effectiveness of Funding Air Quality Projects https://www.arb.ca.gov/planning/tsaq/eval/eval.htm Vibrant Communities and Landscapes Vision for California in 2050 https://www.arb.ca.gov/cc/scopingplan/meetings/091316/vibrant%20communities.pdf Project Planning California Regional Progress Report http://www.dot.ca.gov/hq/tpp/offices/orip/Collaborative%20Planning/California_Regional_Progress_Report.html Quantification Methodology Air Resources Board’s Quantification Methodologies www.arb.ca.gov/cci-quantification CUFR Tree Carbon Calculator (CTCC) http://www.fs.usda.gov/ccrc/tools/tree-carbon-calculator-ctcc i-Tree: http://www.itreetools.org/ 33 APPENDIX C - ENVIRONMENTAL COMPLIANCE To demonstrate compliance with the California Environmental Quality Act Division 13 commencing with Section 21000; 14 California Code of Regulations section 15000 et seq. CEQA”]), applicants must submit one of the following (a draft is acceptable for application purposes). a) Notice of Exemption stamped by the county clerk if the project is categorically exempt. b) Negative Declaration and Initial Study including the checklist and Notice of Determination stamped by the county clerk or State Clearinghouse with the State Clearinghouse response, as applicable c) Final Environmental Impact Report with Initial Study including the checklist and Notice of Determination with State Clearinghouse response. For b and c: include documentation that the State of California Department of Fish and Game CEQA fee was paid or is not applicable. d) Initial Study checklist only e) A current and complete Initial Study with a description of how the grantee will complete CEQA compliance within one year from the date of grant agreement. Remaining CEQA requirements may be met as part of the grant work plan. However, grant funds for construction or acquisition will be available only after the project is in compliance with CEQA and other environmental laws. Funds for planning and document preparation may be available sooner, if included in the grant work plan. f) For projects included in a Master Environmental Impact Report (MEIR), CEQA compliance shall include a copy of the subsequent Initial Study for the proposed project together with a copy of the Notice of Determination, stamped by the county clerk or State Clearinghouse, as applicable Where a lead agency cannot make the findings required in Section 21157.1 Subdivision (c) of the California Public Resources Code for a subsequent Project, CEQA compliance shall include a copy of the Mitigated Negative Declaration or Environmental Impact Report. Pursuant to Section 75102 of the Public Resources Code, before the adoption of a negative declaration or environmental impact report, the lead agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the Native American Heritage Commission, if that tribe has traditional lands located within the area of the proposed project. 34 APPENDIX D - DISADVANTAGED COMMUNITIES TOOLS AND CRITERIA To meet the SB 535 mandate, CalEPA defined disadvan taged communities as the top 25 percent of communities identified using the CalEnviroScreen 2.0. Note that only CalEPA designated disadvantaged communities, per SB 535 (Health and Safety Code Section 39711), will qualify towards the SB 535 and SB 859 75% targets for investments benefiting disadvantaged communities. A community with a median household income less than 80% of the statewide average is only applicable to the statutory priorities. In order to qualify towards the 75% target for investments located within and benefitting disadvantaged communities as identified by CalEnviroScreen 2.0, a project must meet the ARB criteria to evaluate projects for “Located Within” and “Provides Benefits To” disadvantaged communities. See the chart below and the Disadvantaged Communities Eligibility Checklist page 13) for more information. CRITERIA TO EVALUATE PROJECTS When selecting projects for a given investment, give priority to those that maximize benefits to disadvantaged communities Step 1 – Located Within. Evaluate the project to see if it: (1) meets at least one of the following criteria for being located in a disadvantaged community census tract and provides direct, meaningful, and assured benefits to a disadvantaged community; and (2) meaningfully addresses an important community need. Project must meet the following criteria focused on environmental improvements for disadvantaged community residents: A. The majority (50%+) of the project is in a publically accessible area within a disadvantaged community and, for projects that include planting trees or related vegetation, the project terms provide for maintenance of the trees and related vegetation Step 2 – Provides Benefits To. Evaluate the project to see if it: (1) meets at least one of the following criteria for providing direct, meaningful, and assured benefits to a disadvantaged community; and (2) meaningfully addresses an important community need. Project must meet at least one of the following criteria focused on economic opportunities, or providing green space or open space, for disadvantaged community residents: A. The majority of trees (50%+) planted by the project are accessible by walking within ½ mile of a disadvantaged community and the project terms provide for maintenance of the trees and related vegetation; or B. Project significantly reduces flood risk to one or more adjacent disadvantaged communities; or C. Project expands or improves the usability of existing active transportation routes (walking or bicycle paths, etc.) publically accessible by walking within ½ mile of a disadvantaged community or improves open spaces, parks, greenbelts, and recreational areas publicly accessible by walking within ½ mile of a disadvantaged community; or D. Project includes recruitment, agreements, policies or other approaches that are consistent with federal and state law and result in at least 25% of project work hours performed by residents of a disadvantaged community; or E. Project includes recruitment, agreements, policies or other approaches that are consistent with federal and state law and result in at least 10% of project work hours performed by residents of a disadvantaged community participating in job training programs which lead to industry-recognized credentials or certifications. 35 CalEnviroScreen v. 2.0 To determine if the Urban Greening project is located within and benefits a disadvantaged community, applicants will use CalEnviroScreen 2.0 to pinpoint the project area and determine the type of community proposing and benefitting from the project. CalEnviroScreen 2.0 uses census tracts combined with data from state and federal sources to identify disadvantaged communities using environmental hazards, geographic, public health, and socioeconomic criteria. 1. Go to http://www.calepa.ca.gov/EnvJustice/GHGInvest/ to access The California Environmental Protection Agency’s website on designation of disadvantaged communities using CalEnviroScreen 2.0. 2. Select the SB 535 Online Mapping Application of the Disadvantaged Communities link 3. Input project address or location into the box at the top of the tool. Tracts highlighted in red are identified as a disadvantaged community. 4. Once you have the project area correctly defined, click the printer icon in the key at the top. Save and print the PDF map and submit it with your grant application. Community Fact Finder To determine if the Urban Greening project is located within and benefits a disadvantaged community, (a community with a median household income less than 80% of the statewide average) applicants may use California State Parks’ Community Fact Finder to pinpoint the project service area and determine its Median Household income (MHI) using the following steps: 1. Open http://www.parksforcalifornia.org/communities to access California State Parks’ Community Fact Finder. While the Fact Finder has many demographics, for purposes of this program, a disadvantaged community is based on income. 2. Once in the Community Fact Finder, obtain MHI data for the project area by (1) entering the project site address or (2) placing a pin on the desired location on the map. a) If the project site has a specific address, click in the box that says “Type Project Address”, type the address and click “Go.” This brings up the map of the project area. The red circle represents a ½ mile radius around the Project address. To submit the MHI information for the project service area, click “Get Report”, save and print the PDF report, and submit with the grant application as required in the What to Submit section. b) If the project does not have a specific address but will serve a specific neighborhood , parts of the city or county, etc., you must use “drop a pin” function. Zoom into the map to locate your project site. When the area of the project fills most of the map frame, click the blue pin on the left side of the screen and click the center of the project location on the map. Once you have the project area correctly defined, click the green Get Report” button, then save and print the PDF report, and submit it with the grant application. 36 APPENDIX E – SITE CONTROL/LAND TENURE REQUIREMENTS The State recognizes that specific activities may change over time; however, the property must remain available for compatible Urban Greening Grant Program use in accordance with the following requirements: Acquisition Projects The Grantee or the Grantee’s successor in interest shall hold, in perpetuity, the real property only for the purpose for which the grant was made and make no other use or sale or other disposition of the property without the written permission of the State. Development Projects The Grantee shall maintain and operate the project developed pursuant to this grant for a period of: a. At least 10 years for Grants up to $100,000 b. At least 20 years for Grants up to $1 million c. At least 25 years for Grants over $1 million For All Projects The Grantee shall not use or allow the use of any portion of the real property for mitigation (i.e., to compensate for adverse changes to the environment elsewhere) without the written permission of the State. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. With the approval of the State, the Grantee or the Grantee’s successor in interest in the property may enter into an agreement with another party to maintain and operate the property in accordance with this program. At a minimum, the agreement must 1) clearly spell out the roles of each party in detail, 2) be signed by all parties signifying their acceptance, 3) not terminate prior to the length of site control/land tenure required by the Grant Agreement (only agreements that allow early termination for cause or by mutual consent will be acceptable) and 4) include language that the Grantee would resume responsibility for ongoing operations and maintenance in the event of cancellation. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the project improvements and render the Project obsolete or impracticable to rebuild. At the sole discretion of the State, a document must be recorded against the real property that defines the State’s interest in the property (see Appendix F for sample MOUGA document). 37 APPENDIX F – SAMPLE MEMORANDUM OF UNRECORDED GRANT AGREEMENT Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder’s use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of 20____, is recorded to provide notice of an agreement between the State of California, by and through the California Natural Resources Agency (Agency) and Grantee”). RECITALS On or about ________________________, _____, Agency and Grantee entered into a certain Grant Agreement, Grant No. ___________ (“Grant”), pursuant to which Council granted to Grantee certain funds for the acquisition of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the “Real Property”). (Must attach the legal description as Exhibit A.) Under the terms of the Grant, Agency reserved certain rights with respect to the real property. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Council reserved rights under the Grant. NOTICE The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Council or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with The California Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. GRANTEE: By: _____________________________________ 38 APPENDIX G – FUNDING RECOGNITION All Grantees are required to post a sign at the project site. The sign must be available for the final inspection of the project. There is no minimum or maximum size other than the minimum size for the logo as long as the sign contains the required wording and is legible to visitors. Types of Signs 1) A sign is required during construction. 2) A sign must be posted upon completion (1 & 2 could be the same if sign is durable) Language for Signs All signs will contain the following minimum language: The name of the director of the local agency or other governing body may also be added. The sign may also include the names (and/or logos) of other partners, funding organizations, individuals and elected representatives. Logo All signs must contain a universal logo for California Climate Investments and the Urban Greening Program logo (see the box to the right). The logos are available at http://resources.ca.gov/grants/logo-art/.The logos must be mounted in an area to maximize visibility and durability. Each side of the logo must be a minimum of 1’X1’ -- exceptions may be approved when appropriate. Sign Construction All materials used shall be durable and resistant to the elements and graffiti. The California Department of Parks and Recreation and California Department of Transportation standards can be used as a guide for gauge of metal, quality of paints, mounting specifications, etc. Sign Duration Project signs must be in place for a minimum of four (4) years from date of project completion. Sign Cost The cost of the sign(s) is an eligible project cost. More permanent signage is encouraged. Appropriateness of Signs For projects where the required sign may be out of place or where covered by local sign ordinances, the grants administrator in consultation with the grantee may authorize a sign that is appropriate to the project in question. Signs on State Highways Signs placed within the state highway right-of-way may require a Caltrans encroachment permit. Contact your local Caltrans District Office early in the planning process for more information. Visit http://dot.ca.gov/hq/construc/districtmap.htm to locate your Caltrans District Office. Project Title/Description Another project funded by California Climate Investments through the California Natural Resources Agency’s Urban Greening Program EDMUND G. BROWN, JR., GOVERNOR John Laird, Secretary of Natural Resources 39 State Approval The Grantee shall submit proposed locations, size, number of signs, language, and design for review prior to ordering signs. Funds for development projects will not be reimbursed until signage has been approved and installed. Program Recognition The Grantee shall use the text below, in conjunction with the California Climate Investments logo and the Urban Greening logo on any project announcements, flyers, and new releases. The Urban Greening Program is part of California Climate Investments, a statewide program that puts billions of cap-and-trade dollars to work reducing greenhouse gas emissions, strengthening the economy and improving public health and the environment —particularly in disadvantaged communities. The cap-and-trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investment projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling and much more. At least 35 percent of these investments are made in disadvantaged and low-income communities. For more information, visit California Climate Investments.” 40 APPENDIX H - RESOLUTION TEMPLATES Applicant Resolution Template (all applicants) Resolution No: _______________________ RESOLUTION (GOVERNING BODY OF GRANTEE) APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED that the_______________________ (Governing Body) 1. Approves the filing of an application for the (name of the project); 2. Certifies that applicant understands the assurances and certification in the application, and 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code, and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained, and 6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and 7. Appoints the (designate position, not person occupying position) ______________________ , or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the ______________________. Governing Body) Following Roll Call Vote: Ayes: _________ Nos: _________ Absent: _________ Clerk/Secretary for the Governing Board 41 Fiscal Sponsor Resolution (for use with a fiscal sponsor) Resolution endorsing application for an Urban Greening Grant and determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. WHEREAS, the California Natural Resources Agency, Urban Greening Grant Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help create healthy and vibrant communities by establishing and enhancing parks and open space, using natural solutions to improving air and water quality and reducing energy consumption, and creating more walkable and bike-able trails. WHEREAS, the _______________________ (Governing Body) has proposed to co-sponsor a grant application with _______________________; and WHEREAS, we have concluded the project proposed for funding with the grant funds would be beneficial and (pick one of the following): a. Categorically exempt from requirements of the California Environmental Quality Act (CEQA) under one or more of the following exemptions per sections 15300 – 15329 of the CEQA Guidelines: (select appropriate classes) b. We have adopted a(n) (identify the name and year of the environmental document, e.g. Negative or Mitigated Negative Declaration, Environmental Impact Report, date) c. We will comply with all requirements of CEQA prior to implementation of the project. WHEREAS, we consider the prospects of receiving a grant to be reasonably likely. NOW, THEREFORE, BE IT RESOLVED We the (Local Public Agency/Non Profit Governing Board) approve the joint application with (Applicant’s Organization) for an Urban Greening Program grant. If offered such a grant, we authorize (Title of Signatory for Fiscal Sponsor) to accept and sign any contract for administration of the grant funds, and (Title of Project Manager) to act as Project Manager for the project. We hereby delegate authority to the Project Manager to serve as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). The delegation of authority to submit invoices required written consent by both grantees which will be provided to the California Natural Resources Agency. FISCAL SPONSOR Signature) Title) Date: _______________________ 42 Applicant Resolution Template (for use with a fiscal sponsor) Resolution endorsing application for an Urban Greening Grant and determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. WHEREAS, the California Natural Resources Agency, Urban Greening Grant Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help create healthy and vibrant communities by establishing and enhancing parks and open space, using natural solutions to improving air and water quality and reducing energy consumption, and creating more walkable and bike-able trails. WHEREAS, the _______________________ (Governing Body) has proposed to co-sponsor a grant application with _______________________; and WHEREAS, we have concluded the project proposed for funding with the grant funds would be beneficial and (pick one of the following): a. Categorically exempt from requirements of the California Environmental Quality Act (CEQA) under one or more of the following exemptions per sections 15300 – 15329 of the CEQA Guidelines: (select appropriate classes) b. We have adopted a(n) (identify the name and year of the environmental document, e.g. Negative or Mitigated Negative Declaration, Environmental Impact Report, date) c. We will comply with all requirements of CEGA prior to implementation of the project. WHEREAS, we consider the prospects of receiving a grant to be reasonably likely. NOW, THEREFORE, BE IT RESOLVED We the (Applicants Governing Board) approve the joint application with (Fiscal Sponsor) for an Urban Greening Program grant. If offered such a grant, we authorize (Title of Signatory for Applicant) to accept the grant and sign any contract for administration of the grant funds, and (Title of Project Manager) to act as Project Manager for the project. We hereby delegate authority to the Project Manager to serve as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). The delegation of authority to submit invoices required written consent by both grantees which will be provided to the California Natural Resources Agency. ORGANIZATION NAME Signature) Title) Date: _______________________ 43 APPENDIX I - ELIGIBLE COSTS Direct project-related costs incurred during the project performance period specified in the grant agreement may be eligible for funding and must be supported by appropriate documentation. Costs incurred outside of the project performance period and overhead rates/costs are not eligible. Projects financed with funds made available by the Urban Greening Program must comply with all provisions of the California Labor Code. Include prevailing wages in your cost estimates, as applicable. Refer to the Department of Industrial Relations’ Division of Labor Statistics and Research website at http://www.dir.ca.gov/DLSR/PWD/index.htm for general prevailing wage determinations. For questions about prevailing wage, contact Department of Industrial Relations. All Projects 1. Contingency – Up to ten percent (10%) of the grant may be budgeted for contingency costs. All such costs must be eligible per these guidelines. Contingency funds may not be used to increase the amount of funds that can be used for project management/non- construction (pre-implementation). 2. Signs and Interpretive Aids – Costs include construction of exhibits, kiosks, display boards or signs located at and communicating information about the Urban Greening Project and the required funding acknowledgement signs (see Appendix G). 3. Project Management/Non-Construction – Up to 25 percent (25%) of the grant funds for a development project may be spent on project management/non-construction (pre- implementation) costs including but not limited to CEQA compliance, environmental assessments, planning and design, outreach, architecture and engineering, construction plans, permitting, direct project administration and management. The State will award pre-implementation funds for eligible proposed projects provided the applicant agrees that if the proposed project is not ultimately approved for implementation or awarded funding by the State, but is instead funded and implemented by entities independent of the State, and which rely in whole or in part on the environmental documentation paid for by the pre-implementation award, that upon approval by those other entities, all funds expended by the State for the environmental review will be repaid. 4. Personnel or Employee Services – Costs for services of the grantee's employees directly engaged in project execution must be computed according to the Grantee's prevailing wage or salary scales, and may include benefits such as vacation, sick leave, Social Security contributions, etc., that are customarily charged to the recipient's various projects, excluding overhead allocations. Costs charged to the project must be computed on actual time spent on the project and evidenced by time and attendance records describing the work and payroll records. Overtime costs may be allowed under the recipient's established policy provided the regular work time was devoted to the same project. Salaries and wages claimed for employees working on State grant funded projects must not exceed the Grantee's established rates for similar positions. 5. Construction – All necessary labor and construction activities to complete the project are eligible, including site preparation (demolition, clearing and grubbing, excavation, grading), monitoring (including soil and water testing during construction), onsite/field implementation 44 and construction supervision, etc. The grant can pay for up to three years of plant establishment, as deemed appropriate. 6. Equipment – Equipment owned by the grantee may be charged to the project for each use. Equipment use charges must be made in accordance with the Grantee's normal accounting practices. The equipment rental rates published by the California Department of Transportation or local prevailing rental rates may be used as a guide. If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and be signed by the operator and supervisor. Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value must be credited to the project costs upon completion of the project. 7. Supplies and Materials – Supplies and materials may be purchased for a specific project or may be drawn from a central stock, providing they are claimed at a cost no higher than paid by the grantee. When supplies and/or materials are purchased with the intention of constructing a piece of equipment, a structure or a part of a structure, the costs that are charged as supplies and materials may be capitalized according to the Grantee’s normal practice or policy. If capitalized, only that cost reasonably attributable to the project may be claimed under the project. 8. Contracted Services – may be reimbursed if invoices are presented with payment requests that identify the specific project activities and are supported by evidence of payment. 9. Outreach - Costs of engaging community members through community meetings and events directly related to the project are eligible. 10. Other Expenditures - In addition to the major categories of expenditures, funding may be provided for miscellaneous costs necessary for execution of the project at the discretion of the State. Some of these costs may include: Premiums on hazard and liability insurance to cover personnel and/or property. Work performed by another section or department of the grantee's agency that can be documented as direct costs to the project (see requirements above under Personnel or Employee Services). Transportation costs for moving equipment and/or personnel. Projects with an acquisition 1. Acquisition – Costs of acquiring real property are eligible and include the purchase price of the property at or below approved fair market value, appraisals, surveys for boundary adjustments, preliminary title reports, escrow fees, and title insurance fees. Direct staff and consultant costs are limited to $10,000 per grant-funded acquisition. Costs of obtaining State approvals of purchase price and transaction reviews from the State Department of General Services (DGS) are also allowable. It is recommended that $10,000 be budgeted. 45 APPENDIX J – SAMPLE COST ESTIMATE/BUDGET FORM FOR URBAN GREENING PROJECTS PROJECT ELEMENT (SAMPLES ONLY) Unit of Measure Unit Price Quantity Total Amount UG GRANT Named Funding Source 1 Named Funding Source 2 Named Funding Source 3 Planting Palette/Design Direct Project Administration Permits/CEQA Technical Consulting Subtotal Task 1 (not to exceed 25% of grant) Clearing/Grubbing Grading Mobilization Subtotal Task 2 Trees (include type) Bioswales Irrigation Mulch Plants (include type) Subtotal Task 3 Class II Bicycle Lane Road Signs Hazard Insurance Signs and Interpretative Aids Funding Acknowledgement Sign Subtotal Task 4 Estimated Fair Market Value of the Property Preliminary Title Reports/Appraisal Surverying (limited to boundary line adjustment) Direct Costs (staff and consultants- not to exceed $10,000 per grant) State approval costs of appraisal transaction review Subtotal Task 5 (Acquisition) Contingency (not to exceed 10% of grant) TOTAL All project expenditure documentation should be available for audit whether paid with grant funds or other funds. Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a "billable rate" or administrative cost allocation. 4. Other 5. Acquisition (Acquisition Projects Only) 1. PROJECT MANAGEMENT 2. Site Preparation 3. Green Elements 3. Roadwork 46 Cost Estimate/Budget Form Instructions 1. All cost elements included should be clearly described in the project description section. Task listing should be detailed and customized to fit your project proposal. 2. Non-construction/project management costs shall not exceed 25% of the grant. 3. Each funding source, whether in-kind or cash should have its own column. Specify in- kind or cash in each column heading. 4. The unit price multiplied by the quantity equals the Total Amount column. 5. Cost of State approval of appraisal review: Use $10,000 per escrow. 6. For acquisitions, direct staff and consultation costs are not to exceed $10,000 per grant. 7. Funding Acknowledgement Sign- Provide estimated cost of required signage (see Appendix G). 8. The Urban Greening Grant Program funding and Other Funding Sources should sum to the Total Amount. 47 APPENDIX K - WILLING SELLER LETTER Acquisition Projects Only) All acquisition application packages must include willing seller letters from each legal owner. The letter must include the following information and be signed and dated from the legal owner(s) of each parcel to be acquired. Sample -- Willing Seller Letter) Date: To: Urban Greening Grant Program c/o California Natural Resources Agency From: Name(s) of Legal Owner (Trust, etc.) Address of Legal Owner(s) Re: Parcel number(s): County: Property Address: To Whom It May Concern: This letter is provided to confirm that (name of owner, trust, etc.), owner of the above referenced property, is a willing participant in the proposed real property transaction. Should grant funds be awarded to the grant applicant (name of grant applicant), then (name of owner, trust, etc.), as Seller, is willing to enter into negotiations for the sale of the real property for a purchase price not to exceed fair market value. Acknowledged: Signature of land owner (trustee, etc.) Date signed 48 APPENDIX L - PROPERTY DATA SHEET Complete the Property Data Sheet, listing all parcels included in the proposed project, as well as the owner(s) of each parcel. Indicate and attach all required documents* including any clarifying comments below. Attach additional sheets if necessary. No. Owner Name Assessor Parcel Number(s) Acreage Indicate type of ownership. For acquisitions, indicate type of purchase For all parcels, indicate document used to demonstrate ownership and attach a copy of each document-clearly labeled with the APN-to this document If parcel(s) not owned by applicant(s) indicate document verifying long-term Permission to Develop and maintain and attach here Entity to perform O&M # of years O&M to be performed Fee Simple Easement Other ( describe) Proof of Ownership ( tax bill, grant deed, etc.) O&M Agreement Lease JPA Letter from 49 APPENDIX M: PROJECT PERMIT/APPROVAL STATUS List is not all inclusive. It is Grantee’s responsibility to comply with all applicable permits. Permitting Agency Type of Requirement Required Applied Acquired Date Anticipate d State Agencies: California Department of Fish and Wildlife Streambed Alteration Agreement Permit (Section 1600) California Department of Fish and Wildlife Incidental Take Permit CalTrans Encroachment Permit Coastal Commission Coastal Development Permit Coastal Commission Letter of Consistency Model Water Efficient Landscape Ordinance Regional Water Quality Control Board 401 Water Quality Certification or Waste Discharge Requirement State Water Resources Control Board Water Rights Permit State Water Resources Control Board General Industrial Storm Water Permit Central Valley Flood Protection Board Permission to Encroach on Waterways within Designated Floodways State Lands Commission Permit required if using State owned property State Office of Historic Preservation Cultural Resources-Submission of findings to State Historic Preservation Officer (National Historic Preservation Act, Section 106) Federal Agencies U.S. Fish and Wildlife Service USFWS) Section 7 consultation if federal nexus see ACOE), or Section 10 Permit U.S. Army Corps of Engineers ACOE) Clean Water Act, Section 404 Permit, will consult w/USFWS & NMFS Section 7 U.S. Army Corps of Engineers Rivers and Harbors Act, Section 10 Permit U.S. Coast Guard / U.S. Army Corps of Engineers Rivers and Harbors Act, Section 9 Permit U.S. National Resources Conservation Service Consultation National Marine Fisheries Service (NMFS) Section 7 consultation if federal nexus see ACOE, or Section 10 Permit Local and Regional Planning Agencies City/County Grading Permit City/County Environmental Health Department City/County Model Water Efficient Landscape Ordinance – Landscape Documentation Package San Francisco Bay Conservation and Development Commission Any relevant permit Tahoe Regional Planning Agency Any relevant permit Local Resource Conservation District Consultation Flood Control Districts Floodway & Hydrological Analysis Others (e.g., CalRecycle, State Contractors Board, State Lands Commission): Describe any potential delays due to permitting (indicate specific permits): 50 APPENDIX N- SAMPLE GRANT AGREEMENT GRANT AGREEMENT State of California - The Natural Resources Agency Grantee Name: Fiscal Sponsor (If applicable): Project Title: Agreement Number: Authority: Senate Bill (SB) 859 Program: Urban Greening Grant Program PROJECT DESCRIPTION Brief Description: A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A. Grant Funds are to be used to preserve, enhance, increase or establish community green areas such as urban forest, open spaces, wetlands and community spaces, in accordance with the provisions contained in the Urban Greening Grant Program and this Agreement. TERMS AND CONDITIONS OF GRANT Special Provisions 1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Urban Greening Grant Program Grant Guidelines and Application (Application Guidelines). Size, location and number of signs shall be determined by the State. Required signage must be in place before Grant Funds for construction will be released. 2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how non- invasive, low-water, drought-resistant vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. 3. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee in 51 developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement. 4. As conditions precedent to the State’s obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by XX/XX/20XX. 5. If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title and interest in the real property in lieu of the State. 6. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence that the project will be operated and maintained for a minimum of twenty (20) years satisfactory to the State for all land to be improved under this Agreement. General Provisions A. Definitions 1. The term "Act" means Senate Bill (SB) 859. 2. The term “Agreement” means this Grant Agreement. 3. The term “Application” means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award. 4. The term “Application Guidelines” means the Urban Greening Grant Program Grant Guidelines and Application. 5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities. 6. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement. 8. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 9. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities. 10. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Urban Greening project beyond the Grant Funds provided by this Agreement. 11. The term “Payment Request Form” means Form RA212. 12. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds. 13. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement. 52 14. The term “Project Scope” means the description or activity for work to be accomplished by the Urban Greening Project. 15. The term “Public Agency” means any State of California department or agency, a county, city, public district or public agency formed under California law. 16. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond May 1, 2020. 4. Grantee shall at all times ensure that Project complies with the California Environme ntal Quality Act CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening Grant Program and is consistent with the intent cited in the original Application. If a grantee's project is disapproved on grounds related to the Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Resource Agency for all State-reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form. 5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance. 6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor’s license) will have been obtained. 7. Grantee shall provide access by the State upon 24 hours’ notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion. 53 8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA. 9. Grantee shall provide for public access to the Project in accordance with the intent of the Act. 10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings. 11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State. C. Project Costs 1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. 3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a 54 category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly submit written Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents. 2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State. 3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction. 4. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than May 1, 2020. 5. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments. 6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. 7. Grantee must report to the State all sources of other funds for the Project. E. Project Termination 1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. 2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder. 55 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the preservation, enhancement or establishment of community green areas and spaces for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. F. Hold Harmless 1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. 3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State. H. Use of Facilities I. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its 56 successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. 2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of XX YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild. 3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement. 4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. 5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. I. Nondiscrimination 1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act. 57 J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. K. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. M. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency. 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final. O. Audit Requirements Urban Greening projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. 58 APPENDIX O – SENATE BILL 859 SEC. 5. Section 12802.10 is added to the Government Code, to read: A. 12802.10. For purposes of this section, the following terms have the following meanings: 1) “Critically underserved community” has the same meaning as defined in Section 5642 of the Public Resources Code. 2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code or pursuant to Section 75005 of the Public Resources Code. 3) “Multiple benefits” includes, but is not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy, including, but not limited to, the establishment and enhancement of projects listed in subdivision (e). 4) “Secretary” means the Secretary of the Natural Resources Agency. B. To support the development of sustainable communities, the secretary shall manage and award financial assistance, for the preparation and implementation of green infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits, to any of the following: 1) A city. 2) A county. 3) A special district. 4) A nonprofit organization. 5) An agency or entity formed pursuant to the Joint Exercise of Powers Act (Chapter 5 commencing with Section 6500) of Division 7 of Title 1) if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, notwithstanding the Joint Exercise of Powers Act. C. Moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8, shall be available, upon appropriation P13 1by the Legislature, for allocation by the secretary pursuant to this section. D. The secretary shall develop minimum requirements for awarding moneys for eligible projects pursuant to this section. Those requirements shall require a project, in addition to reducing greenhouse gas emissions, to do at least one of the following: 1) Acquire, create, enhance, or expand community parks and green spaces. 2) Use natural systems or systems that mimic natural systems to achieve multiple benefits. E. The multiple benefits of a project may include, but are not limited to, the establishment or enhancement of at least two of the following: 1) The greening of existing public lands and structures, including schools. 2) Multiobjective stormwater projects, including the construction of permeable surfaces and collection basins and barriers. 3) Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees. 4) Urban heat island mitigation and energy conservation efforts through greening, including green roof projects. 59 5) Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools. 6) Tree canopy. 7) Wetlands. 8) Neighborhood, city, regional, or county parks and open space. 9) Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change. 10) Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities. F. The secretary shall give additional consideration to awarding moneys for a project pursuant to this section that meets at least two of the following criteria: 1) Provides park or recreational benefits to a critically underserved community or disadvantaged community. 2) Is proposed by a critically underserved community or disadvantaged community. 3) Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training. 4) Uses interagency cooperation and integration. 5) Uses existing public lands and facilitates the use of public resources and investments, including schools. G. The secretary shall allocate at least 75 percent of the moneys available for the purposes of this section to projects that are located in, and that provide benefits to, disadvantaged communities. H. In implementing this section, the secretary shall maximize the expenditure of funds made available pursuant to the Statewide Park Development and Community Revitalization Act of 2008 (Chapter 3.3 (commencing with Section 5640) of Division 5 of the Public Resources Code). I. The secretary shall hold at least two public hearings to gather public input on program development before establishing the program guidelines and selection criteria. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) does not apply to the development and adoption of guidelines and selection criteria adopted pursuant to this section. 60 APPENDIX P - DEFINITIONS Unless otherwise stated, the terms used in these grant guidelines have the following meanings: Acquisition means obtaining a fee interest or any other interest, including easement, leases, and development rights. Applicant means an eligible organization requesting funding from this program to be administered by the State. CEQA means the California Environmental Quality Act, Public Resources Code Section 21000 et seq.; Title 14, California Code of Regulations, Section 15000 et seq. Critically Underserved Community means a community that either has less than three acres of usable parkland per 1,000 residents or is a disadvantaged community and that the community has insufficient or no park space and recreation facilities. Disadvantaged Community (Per SB 859) means a community with a median household income less than 80% of the statewide average. Disadvantaged Community (Per SB 535) means a community disproportionately affected by environmental pollution and other hazards and areas with concentrations of people that are low income, high unemployment, low levels of home ownerships, high rent burden, sensitive populations, or low levels of educational attainment (see Appendix D for guidance). Easement means an interest in land entitling the holder thereof to a limited use or enjoyment of the land in which the interest exists. Environmental Justice is the fair treatment of people of all races, physical and cognitive abilities, cultures and income with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies. Fair Market Value means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services. Fiscal Sponsor means a local public agency or a 501 (c)(3) non -profit organization that acts on behalf of the applicant on financial matters related to the Urban Greening Project. Fund or Funds means the Greenhouse Gas Reduction Fund. Grant Agreement means an arrangement between the State and grantee specifying the payment of funds by the State for the performance of specific Urban Greening Project objectives within a specific project performance period by the grantee. Grantee means an applicant that has an agreement for grant funding with the State. Grants Administrator means an employee of the State who manages the grants. Green Roof means a vegetative layer grown on a rooftop to mitigate the urban heat island effect and improve energy efficiency by shading roof surfaces and removing heat from the air through evapotranspiration. Greenhouse Gases means atmospheric gases that contribute to the greenhouse effect. Gases include, but are limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 61 Greenhouse Gas (GHG) Reductions means the sum of the GHG emission reductions and sequestration, minus any GHG emissions resulting from project implementation. GHG emissions reductions and net benefits are determined in accordance with ARB’s quantification methodologies. Greenhouse Gas Reduction Fund (GGRF) means the fund established via Senate Bill 1018 to receive the State’s portion of proceeds from the quarterly Cap -and-Trade auctions. In-Kind means non-cash donations from governmental or private sources, and includes volunteer labor, materials and services. Indirect/Overhead Costs means expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, grant agreement, project or activity, but are necessary for the general operation of the organization. Examples of indirect costs include salaries and benefits of employees not directly assigned to a project; functions such as personnel, business services, information technology, janitorial, and salaries of supervisors and managers not directly related to the project and supported with timesheets; and overhead such as rent, utilities, supplies, etc. Joint Powers Authority means any entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant as described on page 2 of these guidelines. Nonprofit Organization means any nonprofit corporation qualified to do business in California, and qualified under Section 501 (c) (3) of the Internal Revenue Code. Other Sources of Funds means cash or in-kind contributions that are required or used to complete the Urban Greening project beyond the grant funds provided by this program. Pedestrian Facilities means sidewalks, trails, crosswalks, walkways, and curb ramps that encourage pedestrian travel. Plant Palette means a recommended list of plants (shrubs, trees, etc.) which are appropriate and sustainable for a given jurisdiction and/or urban environment, considering economic, environmental, and social factors such as rainfall, terrain, soil, maintenance requirements, appearance, desired function, and public use. Project Planning Costs means costs associated with specific preparations necessary to execute eligible Urban Greening projects. Planning includes conceptual designs, pre -schematic work, such as initial architectural and engineering plans prepared during the preliminary project phase; schematic documents; technical consulting; construction design; preparation of construction bidding documents; permits or appraisals. Planning costs are distinct from “hard” project costs of actual constructi on or acquisition. Project means the activity to be accomplished with grant funds, and other funds if necessary, that meet the intent of the statutory conditions. Project Life means the expected timeframe when reductions will be achieved (see the Expenditure Record located at https://arb.ca.gov/cc/capandtrade/auctionproceeds/expenditurerecords.htm for specific timeframes). Project Performance Period means the beginning and ending dates of the Grant Agreement. Eligible costs incurred during this period may be funded from the grant. 62 Project Scope means the description or activity of work to be accomplished by the Urban Greening project. Restore or Restoration means to establish some of the structures, functions or dynamics of an indigenous (native) ecosystem. Riparian Habitat means lands that contain habitat which grows close to, and which depends upon, soil moisture from a nearby fresh water source. Site Control means applicant owns the project land or has other legal long-term interest with the landowner giving permission to develop the project and provide long-term maintenance, as applicable, satisfactory to the State. Special District means any agency of the state for the local performance of governmental or proprietary functions within limited boundaries. “Special district” includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. Special districts are not state government, cities, counties, school districts, Mello-Roos districts, benefit assessment districts, or redevelopment agencies. State means the Air Resources Board, the California Natural Resources Agency, or its representative. Traditional Lands means lands that are synonymous with aboriginal or indigenous cultural territories or areas generally defined by natural boundaries containing static and transient habitation sites used for subsistence hunting, fishing and gathering that may have fluctuated and overlapped over time and where religious practices were culturally significant to the Native American tribe or their ancestors. Urban Area means a city within the State of California or a geographic area designated or defined as urban by an applicable plan covering the project area, including, but no limited to general plans, specific plans, or community plans (only for projects that do not qualify as a disadvantaged community under SB 535). Urban Forest means those native or introduced trees and related vegetation in the urban and near- urban areas including, but not limited to, urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties (reference PRC 4799.09). Urban Forestry means the cultivation and management of trees in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well -being of an urban society (reference PRC 4799.09). Urban Greening means a community-based effort to plan, plant, care, and manage flora, structures and spaces, which lead to increased forest canopy, reduced storm water runoff, improved air and water quality, energy conservation, open space and ultimately, more sustainab le communities. Urban Heat Island means a metropolitan area which is significantly warmer than its surrounding rural areas due to modification of the land surface by urban development. Willing Seller means the project property owner(s) is/are willing participant(s) in the proposed real property transaction and at a purchase price not to exceed fair market value as verified by the State. City of Chula Vista Staff Report File#:17-0160, Item#: 4. A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT (LETTER OF UNDERSTANDING)TO THE 2014-2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO (IAFF) B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING EMPLOYER PAID MEMBER CONTRIBUTIONS FOR TIER 1 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO IAFF) EFFECTIVE MARCH 15, 2019 C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CESSATION OF PAYMENT,ON EMPLOYER SIDE,FOR OPTIONAL BENEFITS BY TIER 1 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO (IAFF)AS A RESULT OF TERMINATION OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SAID EMPLOYEES EFFECTIVE MARCH 15, 2019 D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE APRIL 28,2017 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 RECOMMENDED ACTION Council adopt the resolutions. Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. The staff report and attachments for this item will be uploaded as they become available. City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0127, Item#: 5. REPORT BY CHARTER REVIEW COMMISSION ON THE COMMISSION’S PROPOSED WORK PLAN FOR THE UPCOMING YEAR RECOMMENDED ACTION Council hear the Charter Review Commission’s report and provide input and direction as it deems appropriate. SUMMARY The City’s Charter Review Commission has developed a work plan for the upcoming year and is seeking to present the work plan for City Council comment and direction. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination The Development Services Director has reviewed the proposed activity,Recommendation by the Charter Review Commission Regarding a Proposed Charter Amendment to Require that the City Attorney be a City Resident,for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project”as defined under Section 15378(b)(4)of the State CEQA Guidelines because it involves only a recommendation that the City Charter be amended to revise certain provisions relating to the City Attorney and Legislative Counsel,and does not involve a potential 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 RECOMMENDATION The Charter Review Commission recommends that the City Council hear the Commission’s report and provide input in response. DISCUSSION The City’s Charter Review Commission is an advisory commission which was formed to provide a resource to advise and make recommendations to the City Council and City Manager on issues affecting the provisions of the City Charter.Its purpose,in part,is to,“work to identify language to amend the City Charter to clarify or improve the workings of the City government and recommend changes sufficiently in advance of elections to allow thoughtful City Council review and determination of whether to place the matter on the ballot.”[Chula Vista Municipal Code (“CVMC”)section City of Chula Vista Printed on 4/20/2017Page1of2 powered by Legistar™ File#:17-0127, Item#: 5. of whether to place the matter on the ballot.”[Chula Vista Municipal Code (“CVMC”)section 2.29.020.]One of the stated duties of the Commission is to “[h]elp coordinate citizen and staff ideas with regard to potential Charter changes.”(CVMC section 2.29.030.)Accordingly,the Commission has developed a work plan for presentation to the City Council.The work plan includes a summary of the Commission’s recent work,its proposed future work,and plan for increased public outreach.The plan is attached as Attachment 1 to this Staff Report. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.Gov't Code §87100, et seq.). Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.Council’s consideration of the Charter Review Commission’s recommendation relates to its goal to stay connected to the community,in that,the Charter Review Commission is made up of residents of the City. CURRENT YEAR FISCAL IMPACT There is no anticipated fiscal impact associated with this item. ONGOING FISCAL IMPACT There is no anticipated fiscal impact associated with this item. ATTACHMENTS Attachment 1: Charter Review Commission’s proposed work plan. Staff Contact: Jill D.S. Maland, Assistant City Attorney City of Chula Vista Printed on 4/20/2017Page2of2 powered by Legistar™ Charter Review Commission Proposed Work Plan 2017-2018 The Charter Review Commission is established under Chapter 2.29 of the Municipal Code. Its purpose is to review and recommend Charter changes to the City Council and City Manager. I. Recent Work A. Amendments Approved by Voters and Enacted: November 2012 - Charter Amendment to Article III, regarding Council Districts and establishing the powers and duties of the Districting Commission November 2014 – Charter Amendments to Sections 1009 and 1010 – updating Contracting by Public Works B. Draft Amendments Prepared But Not Enacted (“On the Shelf” for Future Consideration): City Attorney Qualifications, Powers and Duties (Section 503) o Require the City Attorney to be a resident of Chula Vista (503(new d)) o Clarify and update powers and duties of City Attorney (503(b)) o Allow Council flexibility in setting the City Attorney salary (503(c)) o Increase term limits of City Attorney from two to three o Modify the role of the Legislative Counsel (503.1) Council Members Eligibility and Terms (Section 300) o Delete language that has become superfluous/outdated, since implementation of District elections (300.A.; 300.E.) o Change June Election to “Primary,” and November to “General” (replacing current “Regular” and “Special” language) o Prohibit write-in candidates in the General election, unless only one qualified candidate (300.A.3.) o Revise when oath of office will be administered to allow time for certification of results (300.B.) o Clarify language so that one running for office after one year “sit-out” period has elapsed, may start soliciting campaign contributions at same time as other candidates (300.C.) o Clarify what happens in event of death of candidate (300.G.) City Council Vacancies (Section 303) o Further define what constitutes a Vacancy (303.A.) o Delete “Anticipated Vacancies” Section (303.B.) o Revise Process for Filling Vacancies [(303.C. (new B.)] o Provide for Vote-By-Mail Balloting for unconsolidated special elections (new 303.B.6.) II. Proposed Future Work The Commission provides the following as our intended work plan for this year. We welcome suggestions from the Council and desire to know its priorities. A. Consideration of and Preparation of Potential Additional Charter Amendments: Continue a summary review of the Charter to identify potential amendments for recommendation to the City Council in order to update and improve the Charter. This will be done in conjunction with City staff based upon input from City staff, the Commission, the Council and the public Improve communication with the public and gather public input on potential revisions Potential New Amendments per Commission o Potential amendment suspending elected officials for certain events such as felony indictment Potential New Amendments Per City Staff Input o City Council Meetings, and Ordinances and Resolutions (306, 308, and 311): Revise to update consistent with Current City practices and to remove requirement to read titles during adoption of Consent Calendar o Publication of Notices and Ordinances (312, and 313): Revise to allow for publication on internet, rather than newspaper o Articles IV, V, and I: Update to reflect current organizational structure and positions, and revise oath language to conform to current legal requirements o Article X: Revise to clarify budget adoption process, update to be consistent with current legal requirements and processes o Revise other Articles as needed to change June Election to “Primary,” and November to “General” B. Increased Public Outreach Work with City staff to distribute more Commission-related information to City residents and to broaden its dissemination. Take steps to solicit more public input regarding potential amendments to the City’s Charter, including holding Commission meetings in various venues throughout the City. City of Chula Vista Staff Report File#:17-0054, Item#: 6. CONSIDERATION OF AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE - PURCHASING SYSTEM”-REGARDING CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE -“PURCHASING SYSTEM”-REGARDING CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY On November,4,2014,Chula Vista voters approved modifications to City Charter Sections 1009, 1010 and 1011 (Measure A)that delegated the authority to City Council to make procurement rules for awarding City public works contracts and other types of City contracts.The modifications were related to the City Charter’s outdated provisions governing public works contract limits which required City Council approval.The Charter modifications approved by the voters enable future purchasing limits/requirements to be amended by ordinance allowing for the City to keep up with “best practices”. The currently proposed modifications to the purchasing ordinance would enhance the efficiency and flexibility of the City’s procurement practices while preserving appropriate checks and balances.Staff recommends adding a new approval limit for CIP contracts in addition to other changes to the purchasing ordinance. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required.In addition,notwithstanding the foregoing,the “Project”also qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA.In addition,notwithstanding the foregoing,the Director of Development Services has also determined that the “Project”qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State Guidelines.Thus,no City of Chula Vista Printed on 4/20/2017Page1of5 powered by Legistar™ File#:17-0054, Item#: 6. environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The modifications to the purchasing ordinance relate to the Purchasing Agent’s,City Manager’s and City Council’s authority limits associated with public works contracts and general,material &services contracts.Staff recommends new approval authority limits for public works contracts and others as described below.Increasing these limits would give Public Works and Engineering the ability to expedite delivery of Measure P work. New approval authority for CIP contracts. Staff recommends adding a new approval limit for CIP contracts.The Purchasing Agent would have authority to approve CIP contracts up to $2 million for public works contracts that are formally advertised by receiving sealed and competitive bids.City of San Diego has staff approval thresholds for “task order”contracts below $1 million,“job order”contracts below $10 million,or CIPs contracts below $30 million when implementing a CIP program. Increasing this threshold supports the goal of continuous improvement in streamlining the process in which Public Works is able to strategically select qualified,cost effective and available contractors for CIP projects up to $2 million to the lowest bidder without City Council approval.Staff would still bring forward to City Council agreements that are related to CIP projects,but are not for the actual construction or repair of public works facilities.This might include agreements with other agencies or utilities.Staff would also continue to submit to Council project-related items that require public notice, need additional funding, or otherwise warrant further Council consideration. Increasing approval authority for non-CIP public works contracts. Staff’s research revealed that the following cities had non-CIP public works contracts,such as plumbing,auto-body repairs,and electrical work,with approval thresholds by staff as follows:Vista, 75,000;Escondido,$100,000;Carlsbad,$175,000;Oceanside,$175,000;San Marcos,$250,000, and Irvine, $1 million. Currently,the approval threshold for Chula Vista is $25,000 for all public works contracts.Staff recommends increasing the approval authority for the Purchasing Agent from $25,000 to $100,000 and increasing the City Council’s required approval from greater than $25,000 to greater than 100,000 for non-CIP public works contracts.The bid threshold would remain at $10,000 to preserve checks and balances and ensure the City is getting the best prices.These changes would allow staff to complete contractual work as needed in a timely and efficient manner. In order to maintain transparency,staff will submit to City Council a list of CIP projects and who they were awarded to as part of the Finance Department’s Quarterly Fiscal Report. Change Orders. Currently,the Director of Public Works can approve individual public works contract change orders up to $50,000 and cumulative contract change orders up to an aggregate amount based on the original contract amount.Staff recommends revising the current approval limits by allowing the DirectorofCityofChulaVistaPrintedon4/20/2017Page2of5 powered by Legistar™ File#:17-0054, Item#: 6. contract amount.Staff recommends revising the current approval limits by allowing the Director of Public Works and/or City Engineer to approve change orders up to the remaining CIP budget available for each individual CIP project. This change,for example,would allow staff to expedite rehabilitation of additional streets or repair additional storm drain pipes due to favorable contract unit prices.Staff would also be able to complete necessary work due to unforeseen circumstances without the need to return to City Council for approval of additional work or change in scope.This is consistent with current practice where City Council waives this requirement as part of their approval on all CIP projects. Cooperative Purchasing Agreements. Cooperative Purchasing Agreements currently require City Council approval on amounts greater than 100,000.Based upon staff’s recommendation to increase the approval thresholds for CIP contracts, it is recommended that the Cooperative Purchasing Agreement threshold also be raised to $2 million. This will allow staff the option to use Cooperative Purchasing Agreements not only on public works projects,but also on purchases,including Measure P purchases,of vehicles and equipment greater than $100,000. General Supplies, Services and Equipment. Staff recommends increasing the Purchasing Agent’s threshold from $50,000 to $100,000,the City Manager’s threshold from $100,000 to $250,000,and the City Council’s approval threshold from 100,000 and above to greater than $250,000.However,the bid threshold would remain at $10,000 to preserve checks and balances and ensure the City is getting the best prices.These changes would provide administrative savings both in less staff time allocated to prepare and review staff reports as well as the ability to move forward on projects more quickly. Increasing these thresholds would provide flexibility in the City’s procurement practices to allow staff to purchase equipment, materials and contract services needed in an efficient manner. Construction Index. Staff recommends increasing all public works contracts and cooperative purchasing agreements limits annually based on the Engineering News Record (ENR)Construction Index.These limits would increase starting on October 1,2018,and on each October 1st thereafter,based on the one- year change (from July to July)in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000. The table below summarizes the proposed changes to the Purchasing Ordinance: City of Chula Vista Printed on 4/20/2017Page3of5 powered by Legistar™ File#:17-0054, Item#: 6. City of Chula Vista Printed on 4/20/2017Page4of5 powered by Legistar™ File#:17-0054, Item#: 6. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific;consequently,the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision.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. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong &Secure Neighborhoods and a Connected Community.This amendment supports the goal of a Strong &Secure Neighborhoods by enabling Public Works and Engineering to respond to and repair critical CIP projects up to $2 million based on the lowest bid without delays seeking Council’s approval.Increasing the threshold for Council approval also supports the goal of Operational Excellence by using the continuous improvement tools to streamline the process in which Public Works and Engineering staff is able to strategically implement cost effective change orders without the need of additional administrative costs associated with submitting items to Council for approval. CURRENT YEAR FISCAL IMPACT No current year impacts are anticipated. ONGOING FISCAL IMPACT If approved,the revised ordinance would result in significant efficiencies gained both in staff time allocated to prepare and review staff reports as well as the ability to move forward on projects more quickly. Staff estimates the ongoing savings at 275 hours ($40,000) in staff time each fiscal year. ATTACHMENTS Exhibit A - Proposed Modifications to Chapter 2.56 of the Purchasing Ordinance (Underline Strikeout) Exhibit B - Summary of City Purchasing Procedures Staff Contact: Robert Beamon, Public Works City of Chula Vista Printed on 4/20/2017Page5of5 powered by Legistar™ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE – PURCHASING SYSTEM” -REGARDING CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES WHEREAS, on November, 4, 2014, Chula Vista voters approved modifications to City Charter Sections 1009, 1010 and 1011 (Measure A) that delegated the authority to the City Council to make procurement rules for awarding City public works contracts and other types of City contracts; and WHEREAS, the modifications were related to the City Charter’s outdated provisions governing public works contract limits which required City Council approval; and WHEREAS, the Charter amendments enabled future purchasing limits/requirements to be established by ordinance, allowing for the City to keep up with “best practices;” and WHEREAS, the currently proposed amendments to the purchasing ordinance are consistent with the Charter amendment and would enhance the efficiency and flexibility of the City’s procurement practices while preserving appropriate checks and balances; and WHEREAS, in order to maintain transparency, staff will submit to the City Council a list of CIP projects and the associated public works contracts as part of the Finance Departments Quarterly Fiscal Report; and WHEREAS, staff recommends increasing the limits for all public works contracts and cooperative purchasing agreements annually based on the Engineering News Record (ENR) Construction Index. These limits would increase starting on October 1, 2018, and on each October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000; and WHEREAS, the proposed changes to the Purchasing Ordinance are summarized as follows: Maximum Contract Amount Bid Process Awarding Authority Proposed Current General Supplies, Services & Equipment 250k $ 100k Formal Competitive Bid 2.56.070 & 080) City Council (2.56.080.E.) 100k+ to 250k 50 -$ 100k Formal Competitive Bid 2.56.070 & 080) City Manager (2.56.080.E.) 10k+ to 100k 10 $ 50k Informal Bidding/ three bids 2.56.090.A.) Purchasing Agent 2.56.090.A.) 10k No Change Based on market rates/competence (2.56.090.B.I.) Purchasing Agent 2.56.090.A.) Emergency Services ALL No Change Open Market (2.56.100.A.)City Manager or Puchasing Agent (2.56.100.A.) 100k No Change Per Purchasing Agent Procedures 2.56.100.B.) Using Department, with prior consent of City Manager or Purchasing Agent (2.56.100.B.) Professional Services No Change $ 50k Selection Committee (2.56.110.C.)City Council (2.56.110.A.3) No Change $ 10 -$ 50k Informal Solicitation (2.56.110.D.)City Manager (2.56.110.A.3) No Change $ 10k Informal Solicitation (2.56.110.D.)Purchasing Agent 2.56.110.A.3.) No Change No Change Demostrated Competence 2.56.110.H.1.) Purchasing Agent 2.56.110.A.3.) Legal Services No Change $ 50k Competitive Solicitation 2.56.110.F.) City Council (2.56.110.F.) No Change $ 50k Competitive Solicitation 2.56.110.F.) City Attorney (2.56.110.F.) Public Works Contracts (non-CIP)* 250k $ 25k Competitive Bid (2.56.160.A.; 2.56.070.A. & 2.56.080) City Council (2.56.160.B.) 100k+ to 250k 25k Informal Bid (2.56.160.A.; 2.56.090.A.) City Manager (2.56.160.B.) 100k N/A Informal Bid (2.56.160.A.; 2.56.090.A.) Purchasing Agent 2.56.160.B.) Public Workc Contracts -CIP Projects* 2 million N/A Per 2.56.160.A., based on contract value City Council (2.56.160.C.1.) 2 million N/A Per 2.56.160.A., based on contract value Purchasing Agent 2.56.160.C.1.) Change Orders remaining in CIP project N/A Quote with existing contractor Director of Public Works or City Engineer Cooperative Purchasing Agreements* 2 million $ 100k Per 2.56.140, based on contract value City Council (2.56.140) 2 million $ 100k Per 2.56.140, based on contract value Purchasing Agent (2.56.140) Subject to automatic annual adjustment based on the Engineering News Record (ENR) Construction Index each fiscal year (rounded to the nearest $1,000). NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Chapter 2.56 of the Chula Vista Municipal Code – “Purchasing System” - Regarding Contract Limits and Authorities associated with City procurement practices is amended to read as follows: Chapter 2.56 PURCHASING SYSTEM Sections: 2.56.010 Centralized purchasing system established. 2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority. 2.56.030 Option to delegate authority for purchases of supplies, services, and equipment. 2.56.040 Requisitions or estimates – Required revisory changes permitted. 2.56.050 Required contract forms – City Attorney. 2.56.060 Budget, availability of funds required. 2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal competitive bid procedure required. 2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive bidding process; City Manager/City Council approval required. 2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market procedure and Purchasing Agent/City Manager approval required. 2.56.100 Emergency purchases. 2.56.110 Professional Services Exception – Selection process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services. 2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure. 2.56.130 Sale of real property – Procedure. 2.56.140 Cooperative purchasing agreements. 2.56.150 Reports to City Council. 2.56.160 Contracts on Public Works. 2.56.170. Automatic Indexed Adjustments. 2.56.010 Centralized purchasing system established. Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system for City departments, offices, and agencies, in order to (1) establish procedures for the purchase, lease or other acquisition of services, supplies, and equipment, at the lowest possible cost commensurate with quality needed, (2) exercise positive financial control over purchases, (3) clearly define authority for the purchasing function, and (4) assure the quality of purchases. 2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority. The Director of Finance shall appoint, in accordance with Section 507 of the Charter, a Purchasing Agent, who shall be in the unclassified service as provided in Section 500 of the City Charter, and such deputies as may be necessary. The Purchasing Agent shall be the head of the purchasing division of the Finance Department and shall conduct a centralized purchasing system. The Purchasing Agent shall have the power, and it shall be his or her duty, to purchase or contract for all supplies, equipment, and services needed by any and all departments, offices, and agencies of the City, subject to the terms and conditions provided for in this chapter. The Purchasing Agent shall have the authority to: A. Negotiate, purchase, and obtain supplies, equipment, and contractual services used by the City in accordance with City and State law, and such rules and regulations as are prescribed by the Director of Finance, subject to the review of the City Manager or by the City Council; B. Act to procure for the City the needed quality in supplies, equipment, and contractual services, at least expense to the City; C. Endeavor to obtain as full and open competition as possible on all purchases and sales; D. Prepare and recommend to the Director of Finance rules, regulations and procedures governing the purchase of supplies, equipment, and services for the City and, amendments thereto as necessary; E. Keep informed of current developments in the field of purchasing, prices, market conditions, and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations; F. Prescribe and maintain such standardized contracts, subject to the approval of the City Attorney, and other rules and regulations as are reasonably necessary for the operation of the purchasing system; G. Prepare and adopt a standard purchasing nomenclature for City departments and suppliers; H. Exploit the possibilities of various cost-effective purchasing strategies, such as buying “in bulk” and cooperative purchasing, to take full advantage of favorable pricing; I. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use and the scrapping or surveying of unsalable surplus items; J. Take such other actions consistent with the provisions of this chapter, all other applicable laws, and current good purchasing practices that are reasonable and appropriate to effectively operate the City’s centralized purchasing system; K. Control and supervise all existing and future storerooms and warehouses of regularly purchased City supplies and equipment. 2.56.030 Option to delegate authority for purchases of supplies and equipment. The Purchasing Agent may authorize a department, office, or City agency to purchase supplies, services, and equipment directly when he or she determines that direct purchasing can improve efficiency and/or reduce costs and is in the best overall interests of the City. All direct purchasing authorized by the Purchasing Agent under this section shall be carried out in compliance with the procedures established by this chapter and on such forms or through such purchasing mechanisms as shall be determined by the Purchasing Agent. Direct purchases may be effected through the use of procurement cards or other similar mechanisms. 2.56.040 Requisitions or estimates – Required revisory changes permitted. All City departments and offices shall file with the Purchasing Agent detailed requisitions or written estimates of their requirements for supplies, equipment, and services, in such manner, and at such times, as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost; provided, however, that a change in quality will not vary substantially from the standards of the using department or office; and provided further, that the using department head, or designee, is first consulted. 2.56.050 Required contract forms – City Attorney. All purchase orders and contracts for purchase of supplies, equipment or services shall be on forms prescribed or approved by the Purchasing Agent and City Attorney. 2.56.060 Budget, availability of funds required. For all purchases or contracts for services, the Purchasing Agent shall certify that (1) the required purchase price or compensation is provided for in the budget of the using department or has been approved by the City Council by resolution, and (2) there is to the credit of each using department concerned a sufficient and appropriate unencumbered balance in excess of all unpaid obligations to defray the cost of such purchase or contract. 2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal competitive bid procedure. A. In General. All supplies, equipment, and services (except professional services per section 2.56.110), when the maximum amount to be paid by the City during the term of the contract including all optional term extensions and scope of work expansions), as determined by the Purchasing Agent, after consultation with the Director of the procuring department, (the Maximum Contract Amount”) exceeds $100,000, shall be awarded to the lowest responsive and responsible bidder submitting the best bid in accordance with the competitive bidding process set forth in CVMC 2.56.080. B. Exceptions. The following purchases contain exceptions to the standard competitive bidding requirements: 1. Public Works. Contracts on Public Works are governed by Section 1009 of the Charter, as implemented by CVMC section 2.56.160, City Council policies, and departmental procedures. 2. Professional Services. Contracts for certain professional services are governed by CVMC 2.56.110. 3. City Council Waiver. The City Council may waive the competitive bidding requirements if determined by resolution of the City Council that the competitive bidding requirements as applied to that contract are impractical, impossible or that City interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent as being consistent with good purchasing practices. 4. Single/Sole Source. A commodity or service available from only one known source as the result of unique performance capabilities, manufacturing processes, compatibility requirements or market conditions, or as the result of a single, unsolicited proposal, shall not be subject to competitive bidding requirements, in the discretion of the Purchasing Agent, after consultation with the Director of the procuring department. 5. Emergency. Emergency purchases are governed by CVMC 2.56.100. 6. Design-Build Projects. Projects for which the City is utilizing a design-build process, as defined in Charter section 1009, shall adhere to the alternative processes set forth in applicable City ordinances, policies, procedures, and standards. 2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive bidding process; City Council or City Manager Approval Required. The following competitive bidding and award process shall apply to contracts for supplies, equipment and services with a Maximum Contract Amount in excess of $100,000: A. Notice Inviting Bids. Notices inviting bids shall include a general description of the article or service, and shall be published by the Purchasing Agent at least once on the City’s Internet web site, or in a newspaper of general circulation in the City, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest, at least 10 days prior to the bid opening date. B. Bidder’s Security. The Purchasing Agent may require a bidder’s security in an amount equal to 10 percent of the bid, either in cash, certified or cashier’s check, or surety bond approved by the City Attorney and the Risk Manager. In the event a bidder’s security is required, no bid shall be considered unless the required security is submitted therewith. All bidder’s security is refundable, except in the case of a successful bidder who shall forfeit this security if the bidder fails to execute a contract within 10 days after the notice of award has been mailed or personally delivered, or otherwise fails to comply with the requirements to complete the transaction. C. Bid Opening. Sealed bids shall be submitted to the Purchasing Agent, who shall open them in public at the time and place stated in the public notices. A secure, Internet-based system or other appropriate medium may be used in lieu of sealed bids opened in public; provided, that the Purchasing Agent has approved the system for accuracy, confidentiality, and reliability. A tabulation of all bids received shall be available for public inspection in the office of the Purchasing Agent, or on the City’s Internet web site, for a period of not less than 30 calendar days after the bid opening. The Purchasing Agent may delegate this responsibility hereunder to responsible assistants and deputies. D. Compilation of Bids and Recommendations. Following the opening of formal bids, the Purchasing Agent shall compile all of the bids and submit them to the requesting department head, together with a recommendation as to which bid he or she considers best, taking into consideration the amount of money bid, compliance with specifications, and responsiveness and responsibility of the bidder. The responsiveness of the bidder shall be determined by comparing the bid to the bid specifications and bid submittal requirements. In determining the responsibility of the bidder, the Purchasing Agent will be guided by, but not limited to, a consideration of the following factors: 1. The experience of the City in dealing with the low bidder; 2. The experience of other governmental agencies known to the Purchasing Agent in their previous transactions with the low bidder; 3. Knowledge of the quality and fitness of the product offered by the low bidder, substantiated by reports of using departments within the City or other governmental agencies; 4. Options to renew contracts for continuing purchases at the same bid price or with reasonable fixed or capped increases, in those circumstances where price increases are expected or have been experienced in the past; 5. Financial stability and business standing of the low bidder. The requesting department head shall forward the compilation of bids and his or her recommendation with respect to an award to the City Manager, who in turn, will forward a recommendation for award to the City Council. The Purchasing Agent may reject any or all bids, or any one or more commodities or contractual services included in the proposed contract, if it is determined that the public interest will be served thereby. E. Contract Awarding Authority. The City Council shall be the authority responsible for awarding contracts (“Awarding Authority”) with a Maximum Contract Amount over $250,000 or above; the City Manager shall be the authority responsible for awarding contracts with a Maximum Contract Amount over $100,000 and up to $250,000. (For purposes of this Chapter, City Manager authority shall include the City Manager’s designation of authority to the Purchasing Agent, or other designee, in accordance with an administrative City policy.) The Awarding Authority may make an award of contract to the lowest responsive and responsible bidder submitting the best bid in all respects. F. Rejection of Bids – Alternative Procedures. The Awarding Authority may reject any or all bids, direct City forces to provide the required commodity or service, authorize the readvertising of bids, or authorize the purchase of supplies or services pursuant to the open market procedure set forth in CVMC 2.56.090. G. Tie Bids. In the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the City, then the contract shall be awarded by drawing lots in public. H. Performance Bond. The Purchasing Agent shall have authority to require a performance bond in such amount as he or she shall find reasonably necessary to protect the best interests of the City. 2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market procedure and Purchasing Agent approval required. A. In General. Purchases of supplies, equipment, and services (except Professional Services, pursuant to section 2.56.110) with a Maximum Contract Amount in the amount of $100,000 or less may be made by the Purchasing Agent in the open market without observing the formal bidding procedure prescribed in CVMC 2.56.080. Notwithstanding the foregoing, for contracts in excess of $10,000, informal bidding shall be required, and, whenever practical, be based on at least three bids. Contracts shall be awarded to the lowest responsive and responsible bidder submitting the best bid in all respects, except as provided below. Responsiveness and responsibility shall be determined pursuant to the standards set forth in CVMC 2.56.080(D). The Purchasing Agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection. B. Exceptions. The following purchases shall be exempt from the requirements in section 2.56.090.A.: 1. Ten Thousand Dollars or Less. Contracts for a commodity or service costing $10,000 or less, in which case the contract may be awarded by the Purchasing Agent based upon suitability of the item and market rates in the case of a commodity, and demonstrated competence at reasonable fees in the case of services; 2. Impractical or Impossible. When it is determined by the Purchasing Agent that the competitive bidding requirements are impractical, or impossible, or that City interests would be materially better served by applying a different purchasing procedure, the Purchasing Agent may award the contract consistent with best purchasing practices; 3. Certain CVMC 2.56.070 Exemptions. Those exemptions set forth in CVMC 2.56.070(B)(1), (2), (4) and (5) shall also apply to contracts of $100,000 or less. 2.56.100 Emergency purchases. A. By City Manager or Purchasing Agent Permitted When. In case of an emergency which poses an immediate threat to public health, safety or welfare and which requires immediate purchase of supplies, equipment, or contractual services, the City Manager or Purchasing Agent are authorized to secure in the open market at the lowest obtainable price any supplies, equipment, or contractual services, regardless of the amount of the expenditure; provided, however, that a full explanation of the circumstances of such emergency shall be entered in the minutes of the council at the first available meeting following the commitment to the expenditure and shall be open to public inspection. B. By Using Department – Procedure. In case of an emergency, and with the prior consent of the City Manager or Purchasing Agent, any using department may purchase directly any supplies, equipment, or services when the Maximum Contract Amount thereof does not exceed $100,000, whose immediate procurement is essential to prevent delays in the work of the using department which may affect the life, health, or public safety of citizens. The head of such using department shall send to the Purchasing Agent a copy of the delivery record, together with a full written explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent as a permanent and public record of the purchase. The Purchasing Agent shall, by rules and regulations, prescribe the procedures under which such emergency purchases may be made. 2.56.110 Professional Services Exception – Selection process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services. A. In General. 1. Except as otherwise provided in this section, architectural, engineering, environmental, land surveying, legal, construction project management, and other professional consultant services (collectively “Professional Services”) provided to the City shall not be governed by the bidding requirements set forth in CVMC 2.56.080 or 2.56.090, but shall be negotiated on the basis of demonstrated competence and qualifications for the services required and at fair and reasonable fees in accordance with the procedures set forth in this section. Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder. 2. Notwithstanding the above requirement, the Purchasing Agent may require competitive bidding, pursuant to the requirements of CVMC 2.56.080 or 2.56.090, upon a finding by the Purchasing Agent after consultation with the Director of the procuring department, that the professional services required are of more of a technical nature or involve little professional judgment, and requiring bids would be in the public interest. 3. If the Maximum Contract Amount of the professional services contract exceeds $50,000, it shall be awarded by the City Council after compliance with the procedures specified in subsection (C) of this section. Contracts for professional services with a Maximum Contract Amount of $50,000 or less may be awarded pursuant to subsection (D) of this section. The Awarding Authority for such contracts in excess of $50,000 shall be the City Council; for contracts in the amount of $50,000 or less, the Awarding Authority shall be the City Manager. B. Definitions. For purposes of this chapter, the following terms have the following meanings: 1. “Architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. 2. “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Government Code Section 4529.5 for management and supervision of work performed on construction projects. 3. “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental impact laws, and the analysis of hazardous material. 4. “Legal services” are those of a specialized legal nature as determined by the city attorney. 5. “Other professional services” include services which provide intellectual products of a specialized nature unique to a given situation or requirement. C. Selection Process for Contracts of Greater than $50,000. 1. Any department head desiring to enter into a contract for professional consultant services whose Maximum Contract Amount exceeds $50,000 shall first analyze the cost effectiveness of having the proposed service completed. 2. Public announcement of all projects of an estimated cost in excess of $50,000 requiring architectural, engineering, environmental, land surveying, construction project management, or other professional consultant services shall be made by the city through notice to the respective professional societies, advertisement on the city’s Internet web site, or publication in a newspaper of general circulation, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest. The notice shall invite service providers to submit letters of interest for specific projects. 3. The recommendation to City Council for the award of the contract shall be made by a selection committee. The responsible department head, or designee, and two or more staff members shall perform the duties of the selection committee. 4. After reviewing all proposals submitted, the selection committee may choose the most qualified firms for personal interviews to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The selection committee shall evaluate and rank the firms based upon criteria established in advance by the City. Cost comparisons between service providers may also be considered as a factor. A list containing the ranking information will be sent to the responsible department head. 5. The responsible department head shall negotiate a contract with the firm ranked the highest by the selection committee at a price determined to be fair and reasonable to the city. The agreement shall define the conditions of the contract scope, work plan, schedule, costs, method of payment, duration, insurance, indemnification and other appropriate matters. 6. If the department head is unable to negotiate a satisfactory contract with the highest ranked firm, negotiations shall be formally terminated. 7. The department head shall then undertake negotiations with the next highest ranked firm. This process shall continue until a satisfactory contract is negotiated. 8. If the list of qualified firms is exhausted without a contract being negotiated, the selection committee shall choose additional firms, and the process shall continue until a satisfactory contract is negotiated. D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services with a Maximum Contract Amount of $50,000 or less shall be made after informal solicitation of proposals, in accordance with the same standards and exceptions set forth in CVMC 2.56.090. E. Prequalification Lists. Solicitations may be made using prequalification lists maintained approved by the Purchasing Agent. The Purchasing Agent shall review types of services required and determine for which types of services prequalification lists would be appropriate. Prequalification lists may be used in lieu of open advertisement. F. Legal Services. In accordance with Section 503 of the City Charter, the City Attorney oversees contracts for legal and related professional services. Whenever practical, and in consultation with the Purchasing Agent, requests for outside attorney or professional services shall be based on a competitive solicitation of proposals. Otherwise, justification shall be provided based on unique qualifications or performance characteristics of the attorney or consultant recommended. Except for contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC, Contracts for legal and related professional services in excess of $50,000 shall be approved by the City Council. Contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC in excess of $100,000 shall be approved by the city council. G. Unlawful Acts and Conflicts of Interest Prohibited. 1. In the selection and award of professional consultant contracts pursuant to this exception, all unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, is prohibited. 2. No city officer or employee shall be a member of a selection committee, or otherwise participate in the selection process, when they have a relationship with a person or business entity seeking a contract which would constitute a conflict of interest under Government Code Section 87100 or under city conflict of interest rules. H. Exceptions. The following purchases shall be exempt from the requirements in sections 2.56.100.C. and D. 1. Ten Thousand Dollars or Less. Contracts for professional service contracts with a Maximum Contract Amount of $10,000 or less may be awarded by the Purchasing Agent based upon demonstrated competence at reasonable fees; 2. Impractical or Impossible. When it is determined by the Purchasing Agent (for contracts with a Maximum Contract Amount of $100,000 or less) or by resolution of the City Council for contracts with a Maximum Contract Amount in excess of $100,000) that the competitive bidding requirements are impractical, or impossible, or that City interests would be materially better served by applying a different purchasing procedure, the Purchasing Agent or City Council, respectively, may award the contract utilizing alternative procedures consistent with best purchasing practices; 3. Certain CVMC 2.56.070 Exemptions. Those purchases exempted under CVMC 2.56.070(B)(1), (2), (4) and (5). 2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure. A. General Procedures. All using departments shall submit to the Purchasing Agent, at such times and in such form as he or she shall prescribe, reports showing stocks of all supplies, materials, and equipment which are no longer used or which have become obsolete, worn out, or scrapped. The Purchasing Agent may transfer such stock to other departments which have need for and can use it. The Purchasing Agent shall also have the power to sell all supplies, materials, and equipment which have been unsuitable for public use, or to exchange for, or trade-in the same on, new supplies, materials, and equipment. B. Approval Required – Competitive Process. Where the value of an item, or a group of items expected to be sold to one bidder, exceeds $100,000, such sale must be approved by resolution of the City Council. Any such sale, exchange, or trade-in shall be made to the highest responsive and responsible bidder, in accordance with the competitive bid procedures established by the Purchasing Agent. C. Donations. Supplies, materials, and equipment, when the estimated value involved is $10,000 or less, may be donated, or sold for less than fair market value, to local civic or social organizations, where it is deemed by the city manager that such a disposition of property would best serve the city’s public interests. Such donations or discounted sale of items valued in excess of $10,000 must be approved by resolution of the city council. D. Worthless Property. In the case of scrap or survey items having no estimated or appraised value and which have not been desired by any civic or social organization, the Purchasing Agent may dispose of such items in any manner he or she deems appropriate, keeping full records of such disposition. E. Special Procedures for Disposition of Library Materials. The City Librarian shall submit to the Purchasing Agent reports showing used, damaged, or unneeded library materials and indicating disposition thereof. The librarian may, at his or her discretion, donate such materials to the Friends of the Chula Vista Public Library for such book sales as they may desire, or he or she may offer such materials to any bona fide charitable or nonprofit institutional organizations serving primarily the interests of the city. If at any time the librarian chooses to dispose of such materials other than as provided herein, he or she shall follow the general procedures set forth hereinabove. 2.56.130 Sale of real property – Procedure. The purchasing agent, with the recommendation of the City Manager and approval of the City Council, shall have the power to sell for fair value any real property owned by the City which has been declared by the City Council to have no present or future use for public purposes. Notice of such sale shall be published at least once on the City’s Internet web site, or in a newspaper of general circulation in the City, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest. Real property may be sold for less than fair market value upon a determination by the City Council that such sale will be in the public interest. 2.56.140 Cooperative purchasing agreements. No provision of this chapter shall be interpreted or construed to prohibit or prevent the City from purchasing supplies, equipment, and services by contracts, arrangements, and agreements for cooperative purchasing programs with the state of California, the county of San Diego, the city of San Diego, or any other public agency, including a Joint Exercise of Powers Authority, school district, or water authority within the United States; provided, that such items are purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices. If the contract, agreement, or arrangement exceeds $2,000,000, then City Council approval is required. 2.56.150 Reports to City Council. The Director of Finance shall provide the City Council with reports regarding City purchasing practices in such form and at such intervals as the City Council may direct. 2.56.160 Contracts on Public Works. The provisions of this section shall apply to contracts on Public Works, as defined in City Charter Section 1009. A. Competitive Bid Processes. The informal bidding process set forth in Section 2.56.090.A. shall apply to Public Works contracts with a Maximum Contract Amount of $250,000 or less. For Public Works with a Maximum Contract Amount in excess of $250,000, the competitive bidding process set forth in Section 2.56.070.A. and 2.56.080. shall apply. B. Contract Awarding Authority. Notwithstanding Section 2.56.160.A., the Contract Awarding Authority for Public Works Contracts shall be as follows: Maximum Contract Amount of 100,000 or less: Purchasing Agent; Maximum Contract Amount over $100,00 and up to 250,000: City Manager; Maximum Contract Amount in excess of $250,000: City Council Public Works Awarding Authority”). C. Capital Improvement Projects (CIP). Notwithstanding anything else in this Section, Public Works contracts for capital improvement projects shall be subject to the following: 1. Awarding Authority. The Public Works Awarding Authority shall be: the Purchasing Agent, for public works contracts with a Maximum Contract Amount up to $2 million; the City Council for public works contracts with a Maximum Contract Amount in excess of $2 million. 2. Change Orders. The Public Works Director, or City Engineer, shall have authority to approve change orders up to the remaining CIP budget available for any CIP project. D. Rejection of Bids. The Public Works Awarding Authority may reject any and all bids, authorize the readvertising for bids, or waive minor defects in any bid, if the Public Works Awarding Authority determines that such action is necessary or appropriate for the benefit of the public. E. Emergency Waiver. For contracts on Public Works, emergency purchases shall be authorized pursuant to section 2.56.100., above. F. Professional Services. The selection process for professional services for Public Works projects shall be awarded pursuant to section 2.56.110., above. G. “Special” Public Works Contracts. The City Council retains the authority to require its approval of the award of any Public Works contract it defines as “special,” based on factors such as contract cost, value, or other relevant factors, either by amendment to this ordinance or adoption of a City Council policy. 2.56.170 Automatic Indexed Adjustments. The limits set forth in sections 2.56.140, and 2.56.160 shall automatically increase annually based on the Engineering News Record (ENR) Construction Index. These limits will increase by administrative action of the City Manager, starting on October 1, 2018, and again on each October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by:Approved as to form by: Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney Chapter 2.56 PURCHASING SYSTEM* Sections: 2.56.010 Centralized purchasing system established. 2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority. 2.56.030 Option to delegate authority for purchases of supplies, services, or equipment. 2.56.040 Requisitions or estimates – Required revisory changes permitted. 2.56.050 Required contract forms – City Attorney. 2.56.060 Budget, availability of funds required. 2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal competitive bid procedure required. 2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive bidding process; City Manager or City Council approval required. 2.56.090 Contracts for supplies, equipment, or services of $100,000 or less – Open market procedure and Purchasing Agent or City Manager approval required. 2.56.100 Emergency purchases. 2.56.110 Professional Services Exception – Selection process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services. 2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure. 2.56.130 Sale of real property – Procedure. 2.56.140 Cooperative purchasing agreements. 2.56.150 Reports to City Council. 2.56.160 Contracts on Public Works. 2.56.170 Automatic Indexed Adjustments. 2.56.010 Centralized purchasing system established. Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system for City departments, offices, and agencies, in order to (1) establish procedures for the purchase, lease or other acquisition of services, supplies, and equipment, at the lowest possible cost commensurate with quality needed, (2) exercise positive financial control over purchases, (3) clearly define authority for the purchasing function, and (4) assure the quality of purchases. 2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority. The Director of Finance shall appoint, in accordance with Section 507 of the Charter, a Purchasing Agent, who shall be in the unclassified service as provided in Section 500 of the City Charter, and such deputies as may be necessary. The Purchasing Agent shall be the head of the purchasing division of the Finance Department and shall conduct a centralized purchasing system. The Purchasing Agent shall have the power, and it shall be his or her duty, to purchase or contract for all supplies, equipment, and services needed by any and all departments, offices, and agencies of the City, subject to the terms and conditions provided for in this chapter. The Purchasing Agent shall have the authority to: Exhibit A A. Negotiate, purchase, and obtain supplies, equipment, and contractual services used by the City in accordance with City and State law, and such rules and regulations as are prescribed by the Director of Finance, subject to the review of the City Manager or by the City Council; B. Act to procure for the City the needed quality in supplies, equipment, and contractual services, at least expense to the City; C. Endeavor to obtain as full and open competition as possible on all purchases and sales; D. Prepare and recommend to the Director of Finance rules, regulations and procedures governing the purchase of supplies, equipment, and services for the City and, amendments thereto as necessary; E. Keep informed of current developments in the field of purchasing, prices, market conditions, and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations; F. Prescribe and maintain such standardized contracts, subject to the approval of the City Attorney, and other rules and regulations as are reasonably necessary for the operation of the purchasing system; G. Prepare and adopt a standard purchasing nomenclature for City departments and suppliers; H. Exploit the possibilities of various cost-effective purchasing strategies, such as buying “in bulk” and cooperative purchasing, to take full advantage of favorable pricing; I. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use and the scrapping or surveying of unsalable surplus items; J. Take such other actions consistent with the provisions of this chapter, all other applicable laws, and current good purchasing practices that are reasonable and appropriate to effectively operate the City’s centralized purchasing system; K. Control and supervise all existing and future storerooms and warehouses of regularly purchased City supplies and equipment. 2.56.030 Option to delegate authority for purchases of supplies, services or equipment. The Purchasing Agent may authorize a department, office, or City agency to purchase supplies, services, and equipment directly when he or she determines that direct purchasing can improve efficiency and/or reduce costs and is in the best overall interests of the City. All direct purchasing authorized by the Purchasing Agent under this section shall be carried out in compliance with the procedures established by this chapter and on such forms or through such purchasing mechanisms as shall be determined by the Purchasing Agent. Direct purchases may be effected through the use of procurement cards or other similar mechanisms. 2.56.040 Requisitions or estimates – Required revisory changes permitted. All City departments and offices shall file with the Purchasing Agent detailed requisitions or written estimates of their requirements for supplies, equipment, and services, in such manner, and at such times, as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost; provided, however, that a change in quality will not vary substantially from the standards of the using department or office; and provided further, that the using department head, or designee, is first consulted. 2.56.050 Required contract forms – City Attorney. All purchase orders and contracts for purchase of supplies, equipment or services shall be on forms prescribed or approved by the Purchasing Agent and City Attorney. 2.56.060 Budget, availability of funds required. For all purchases or contracts for services, the Purchasing Agent shall certify that (1) the required purchase price or compensation is provided for in the budget of the using department or has been approved by the City Council by resolution, and (2) there is to the credit of each using department concerned a sufficient and appropriate unencumbered balance in excess of all unpaid obligations to defray the cost of such purchase or contract. 2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal competitive bid procedure. A. In General. All supplies, equipment, and services (except professional services per section 2.56.110), when the maximum amount to be paid by the City during the term of the contract including all optional term extensions and scope of work expansions), as determined by the Purchasing Agent, after consultation with the Director of the procuring department, (the Maximum Contract Amount”) exceeds $100,000, shall be awarded to the lowest responsive and responsible bidder submitting the best bid in accordance with the competitive bidding process set forth in CVMC 2.56.080.B. Exceptions. The following purchases contain exceptions to the standard competitive bidding requirements: 1. Public Works. Contracts on Public Works are governed by Section 1009 of the Charter, as implemented by CVMC section 2.56.160, City Council policies, and departmental procedures. 2. Professional Services. Contracts for certain professional services are governed by CVMC 2.56.110. 3. City Council Waiver. The City Council may waive the competitive bidding requirements if determined by resolution of the City Council that the competitive bidding requirements as applied to that contract are impractical, impossible or that City interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent as being consistent with good purchasing practices. 4. Single/Sole Source. A commodity or service available from only one known source as the result of unique performance capabilities, manufacturing processes, compatibility requirements or market conditions, or as the result of a single, unsolicited proposal, shall not be subject to competitive bidding requirements, in the discretion of the Purchasing Agent, after consultation with the Director of the procuring department. 5. Emergency. Emergency purchases are governed by CVMC 2.56.100. 6. Design-Build Projects. Projects for which the City is utilizing a design-build process, as defined in Charter section 1009, shall adhere to the alternative processes set forth in applicable City ordinances, policies, procedures, and standards. 2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive bidding process; City Council or City Manager Approval Required. The following competitive bidding and award process shall apply to contracts for supplies, equipment and services with a Maximum Contract Amount in excess of $100,000: A. Notice Inviting Bids. Notices inviting bids shall include a general description of the article or service, and shall be published by the Purchasing Agent at least once on the City’s Internet web site, or in a newspaper of general circulation in the City, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest, at least 10 days prior to the bid opening date. B. Bidder’s Security. The Purchasing Agent may require a bidder’s security in an amount equal to 10 percent of the bid, either in cash, certified or cashier’s check, or surety bond approved by the City Attorney and the Risk Manager. In the event a bidder’s security is required, no bid shall be considered unless the required security is submitted therewith. All bidder’s security is refundable, except in the case of a successful bidder who shall forfeit this security if the bidder fails to execute a contract within 10 days after the notice of award has been mailed or personally delivered, or otherwise fails to comply with the requirements to complete the transaction. C. Bid Opening. Sealed bids shall be submitted to the Purchasing Agent, who shall open them in public at the time and place stated in the public notices. A secure, Internet-based system or other appropriate medium may be used in lieu of sealed bids opened in public; provided, that the Purchasing Agent has approved the system for accuracy, confidentiality, and reliability. A tabulation of all bids received shall be available for public inspection in the office of the Purchasing Agent, or on the City’s Internet web site, for a period of not less than 30 calendar days after the bid opening. The Purchasing Agent may delegate this responsibility hereunder to responsible assistants and deputies. D. Compilation of Bids and Recommendations. Following the opening of formal bids, the Purchasing Agent shall compile all of the bids and submit them to the requesting department head, together with a recommendation as to which bid he or she considers best, taking into consideration the amount of money bid, compliance with specifications, and responsiveness and responsibility of the bidder. The responsiveness of the bidder shall be determined by comparing the bid to the bid specifications and bid submittal requirements. In determining the responsibility of the bidder, the Purchasing Agent will be guided by, but not limited to, a consideration of the following factors: 1. The experience of the City in dealing with the low bidder; 2. The experience of other governmental agencies known to the Purchasing Agent in their previous transactions with the low bidder; 3. Knowledge of the quality and fitness of the product offered by the low bidder, substantiated by reports of using departments within the City or other governmental agencies; 4. Options to renew contracts for continuing purchases at the same bid price or with reasonable fixed or capped increases, in those circumstances where price increases are expected or have been experienced in the past; 5. Financial stability and business standing of the low bidder. The requesting department head shall forward the compilation of bids and his or her recommendation with respect to an award to the City Manager, who in turn, will forward a recommendation for award to the City Ccouncil. The Purchasing Agent may reject any or all bids, or any one or more commodities or contractual services included in the proposed contract, if it is determined that the public interest will be served thereby. E. Contract Awarding Authority. The City Council shall be the authority responsible for awarding contracts (“Awarding Authority”) with a Maximum Contract Amount over $250,000 or above; the City Manager shall be the authority responsible for awarding contracts with a Maximum Contract Amount over $100,000 and up to $250,000. (For purposes of this Chapter, City Manager authority shall include the City Manager’s designation of authority to the Purchasing Agent, or other designee, in accordance with an administrative City policy.) The Awarding Authority may make an award of contract to the lowest responsive and responsible bidder submitting the best bid in all respects. F. Rejection of Bids – Alternative Procedures. The Awarding Authority may reject any or all bids, direct City forces to provide the required commodity or service, authorize the readvertising of bids, or authorize the purchase of supplies or services pursuant to the open market procedure set forth in CVMC 2.56.090. G. Tie Bids. In the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the City, then the contract shall be awarded by drawing lots in public. H. Performance Bond. The Purchasing Agent shall have authority to require a performance bond in such amount as he or she shall find reasonably necessary to protect the best interests of the City. 2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market procedure and Purchasing Agent approval required. A. In General. Purchases of supplies, equipment, and services (except Professional Services, pursuant to section 2.56.110) with a Maximum Contract Amount in the amount of $100,000 or less may be made by the Purchasing Agent in the open market without observing the formal bidding procedure prescribed in CVMC 2.56.080. Notwithstanding the foregoing, for contracts in excess of $10,000, informal bidding shall be required, and, whenever practical, be based on at least three bids. Contracts shall be awarded to the lowest responsive and responsible bidder submitting the best bid in all respects, except as provided below. Responsiveness and responsibility shall be determined pursuant to the standards set forth in CVMC 2.56.080(D). The Purchasing Agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection. B. Exceptions. The following purchases shall be exempt from the requirements in section 2.56.090.A.: 1. Ten Thousand Dollars or Less. Contracts for a commodity or service costing $10,000 or less, in which case the contract may be awarded by the Purchasing Agent based upon suitability of the item and market rates in the case of a commodity, and demonstrated competence at reasonable fees in the case of services; 2. Impractical or Impossible. When it is determined by the Purchasing Agent that the competitive bidding requirements are impractical, or impossible, or that City interests would be materially better served by applying a different purchasing procedure, the Purchasing Agent may award the contract consistent with best purchasing practices; 3. Certain CVMC 2.56.070 Exemptions. Those exemptions set forth in CVMC 2.56.070(B)(1), (2), (4) and (5) shall also apply to contracts of $100,000 or less. 2.56.100 Emergency purchases. A. By City Manager or Purchasing Agent Permitted When. In case of an emergency which poses an immediate threat to public health, safety or welfare and which requires immediate purchase of supplies, equipment, or contractual services, the City Manager or Purchasing Agent are authorized to secure in the open market at the lowest obtainable price any supplies, equipment, or contractual services, regardless of the amount of the expenditure; provided, however, that a full explanation of the circumstances of such emergency shall be entered in the minutes of the council at the first available meeting following the commitment to the expenditure and shall be open to public inspection. B. By Using Department – Procedure. In case of an emergency, and with the prior consent of the City Manager or Purchasing Agent, any using department may purchase directly any supplies, equipment, or services when the Maximum Contract Amount thereof does not exceed $100,000, whose immediate procurement is essential to prevent delays in the work of the using department which may affect the life, health, or public safety of citizens. The head of such using department shall send to the Purchasing Agent a copy of the delivery record, together with a full written explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent as a permanent and public record of the purchase. The Purchasing Agent shall, by rules and regulations, prescribe the procedures under which such emergency purchases may be made. 2.56.110 Professional Services Exception – Selection process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services. A. In General. 1. Except as otherwise provided in this section, architectural, engineering, environmental, land surveying, legal, construction project management, and other professional consultant services (collectively “Professional Services”) provided to the City shall not be governed by the bidding requirements set forth in CVMC 2.56.080 or 2.56.090, but shall be negotiated on the basis of demonstrated competence and qualifications for the services required and at fair and reasonable fees in accordance with the procedures set forth in this section. Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder. 2. Notwithstanding the above requirement, the Purchasing Agent may require competitive bidding, pursuant to the requirements of CVMC 2.56.080 or 2.56.090, upon a finding by the Purchasing Agent after consultation with the Director of the procuring department, that the professional services required are of more of a technical nature or involve little professional judgment, and requiring bids would be in the public interest. 3. If the Maximum Contract Amount of the professional services contract exceeds $50,000, it shall be awarded by the City Council after compliance with the procedures specified in subsection (C) of this section. Contracts for professional services with a Maximum Contract Amount of $50,000 or less may be awarded pursuant to subsection (D) of this section. The Awarding Authority for such contracts in excess of $50,000 shall be the City Council; for contracts in the amount of $50,000 or less, the Awarding Authority shall be the City Manager. B. Definitions. For purposes of this chapter, the following terms have the following meanings: 1. “Architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. 2. “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Government Code Section 4529.5 for management and supervision of work performed on construction projects. 3. “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental impact laws, and the analysis of hazardous material. 4. “Legal services” are those of a specialized legal nature as determined by the city attorney. 5. “Other professional services” include services which provide intellectual products of a specialized nature unique to a given situation or requirement. C. Selection Process for Contracts of Greater than $50,000. 1. Any department head desiring to enter into a contract for professional consultant services whose Maximum Contract Amount exceeds $50,000 shall first analyze the cost effectiveness of having the proposed service completed. 2. Public announcement of all projects of an estimated cost in excess of $50,000 requiring architectural, engineering, environmental, land surveying, construction project management, or other professional consultant services shall be made by the city through notice to the respective professional societies, advertisement on the city’s Internet web site, or publication in a newspaper of general circulation, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest. The notice shall invite service providers to submit letters of interest for specific projects. 3. The recommendation to City Council for the award of the contract shall be made by a selection committee. The responsible department head, or designee, and two or more staff members shall perform the duties of the selection committee. 4. After reviewing all proposals submitted, the selection committee may choose the most qualified firms for personal interviews to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The selection committee shall evaluate and rank the firms based upon criteria established in advance by the City. Cost comparisons between service providers may also be considered as a factor. A list containing the ranking information will be sent to the responsible department head. 5. The responsible department head shall negotiate a contract with the firm ranked the highest by the selection committee at a price determined to be fair and reasonable to the city. The agreement shall define the conditions of the contract scope, work plan, schedule, costs, method of payment, duration, insurance, indemnification and other appropriate matters. 6. If the department head is unable to negotiate a satisfactory contract with the highest ranked firm, negotiations shall be formally terminated. 7. The department head shall then undertake negotiations with the next highest ranked firm. This process shall continue until a satisfactory contract is negotiated. 8. If the list of qualified firms is exhausted without a contract being negotiated, the selection committee shall choose additional firms, and the process shall continue until a satisfactory contract is negotiated. D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services with a Maximum Contract Amount of $50,000 or less shall be made after informal solicitation of proposals, in accordance with the same standards and exceptions set forth in CVMC 2.56.090. E. Prequalification Lists. Solicitations may be made using prequalification lists maintained approved by the Purchasing Agent. The Purchasing Agent shall review types of services required and determine for which types of services prequalification lists would be appropriate. Prequalification lists may be used in lieu of open advertisement. F. Legal Services. In accordance with Section 503 of the City Charter, the City Attorney oversees contracts for legal and related professional services. Whenever practical, and in consultation with the Purchasing Agent, requests for outside attorney or professional services shall be based on a competitive solicitation of proposals. Otherwise, justification shall be provided based on unique qualifications or performance characteristics of the attorney or consultant recommended. Except for contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC, Contracts for legal and related professional services in excess of $50,000 shall be approved by the City Council. Contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC in excess of $100,000 shall be approved by the city council. G. Unlawful Acts and Conflicts of Interest Prohibited. 1. In the selection and award of professional consultant contracts pursuant to this exception, all unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, is prohibited. 2. No city officer or employee shall be a member of a selection committee, or otherwise participate in the selection process, when they have a relationship with a person or business entity seeking a contract which would constitute a conflict of interest under Government Code Section 87100 or under city conflict of interest rules. H. Exceptions. The following purchases shall be exempt from the requirements in sections 2.56.100.C. and D. 1. Ten Thousand Dollars or Less. Contracts for professional service contracts with a Maximum Contract Amount of $10,000 or less may be awarded by the Purchasing Agent based upon demonstrated competence at reasonable fees; 2. Impractical or Impossible. When it is determined by the Purchasing Agent (for contracts with a Maximum Contract Amount of $100,000 or less) or by resolution of the City Council for contracts with a Maximum Contract Amount in excess of $100,000) that the competitive bidding requirements are impractical, or impossible, or that City interests would be materially better served by applying a different purchasing procedure, the Purchasing Agent or City Council, respectively, may award the contract utilizing alternative procedures consistent with best purchasing practices; 3. Certain CVMC 2.56.070 Exemptions. Those purchases exempted under CVMC 2.56.070(B)(1), (2), (4) and (5). 2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure. A. General Procedures. All using departments shall submit to the Purchasing Agent, at such times and in such form as he or she shall prescribe, reports showing stocks of all supplies, materials, and equipment which are no longer used or which have become obsolete, worn out, or scrapped. The Purchasing Agent may transfer such stock to other departments which have need for and can use it. The Purchasing Agent shall also have the power to sell all supplies, materials, and equipment which have been unsuitable for public use, or to exchange for, or trade-in the same on, new supplies, materials, and equipment. B. Approval Required – Competitive Process. Where the value of an item, or a group of items expected to be sold to one bidder, exceeds $100,000, such sale must be approved by resolution of the City Council. Any such sale, exchange, or trade-in shall be made to the highest responsive and responsible bidder, in accordance with the competitive bid procedures established by the Purchasing Agent. C. Donations. Supplies, materials, and equipment, when the estimated value involved is $10,000 or less, may be donated, or sold for less than fair market value, to local civic or social organizations, where it is deemed by the city manager that such a disposition of property would best serve the city’s public interests. Such donations or discounted sale of items valued in excess of $10,000 must be approved by resolution of the city council. D. Worthless Property. In the case of scrap or survey items having no estimated or appraised value and which have not been desired by any civic or social organization, the Purchasing Agent may dispose of such items in any manner he or she deems appropriate, keeping full records of such disposition. E. Special Procedures for Disposition of Library Materials. The City Librarian shall submit to the Purchasing Agent reports showing used, damaged, or unneeded library materials and indicating disposition thereof. The librarian may, at his or her discretion, donate such materials to the Friends of the Chula Vista Public Library for such book sales as they may desire, or he or she may offer such materials to any bona fide charitable or nonprofit institutional organizations serving primarily the interests of the city. If at any time the librarian chooses to dispose of such materials other than as provided herein, he or she shall follow the general procedures set forth hereinabove. 2.56.130 Sale of real property – Procedure. The purchasing agent, with the recommendation of the City Manager and approval of the City Council, shall have the power to sell for fair value any real property owned by the City which has been declared by the City Council to have no present or future use for public purposes. Notice of such sale shall be published at least once on the City’s Internet web site, or in a newspaper of general circulation in the City, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest. Real property may be sold for less than fair market value upon a determination by the City Council that such sale will be in the public interest. 2.56.140 Cooperative purchasing agreements. No provision of this chapter shall be interpreted or construed to prohibit or prevent the City from purchasing supplies, equipment, and services by contracts, arrangements, and agreements for cooperative purchasing programs with the state of California, the county of San Diego, the city of San Diego, or any other public agency, including a Joint Exercise of Powers Authority, school district, or water authority within the United States; provided, that such items are purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices. If the contract, agreement, or arrangement exceeds $2,000,000, then City Council approval is required. 2.56.150 Reports to City Council. The Director of Finance shall provide the City Council with reports regarding City purchasing practices in such form and at such intervals as the City Council may direct. 2.56.160 Contracts on Public Works. The provisions of this section shall apply to contracts on Public Works, as defined in City Charter Section 1009. A. Competitive Bid Processes. The informal bidding process set forth in Section 2.56.090.A. shall apply to Public Works contracts with a Maximum Contract Amount of $250,000 or less. For Public Works with a Maximum Contract Amount in excess of $250,000, the competitive bidding process set forth in Section 2.56.070.A. and 2.56.080. shall apply. B. Contract Awarding Authority. Notwithstanding Section 2.56.160.A., the Contract Awarding Authority for Public Works Contracts shall be as follows: Maximum Contract Amount of 100,000 or less: Purchasing Agent; Maximum Contract Amount over $100,00 and up to 250,000: City Manager; Maximum Contract Amount in excess of $250,000: City Council Public Works Awarding Authority”). C. Capital Improvement Projects (CIP). Notwithstanding anything else in this Section, Public Works contracts for capital improvement projects shall be subject to the following: 1. Awarding Authority. The Public Works Awarding Authority shall be: the Purchasing Agent, for public works contracts with a Maximum Contract Amount up to $2 million; the City Council for public works contracts with a Maximum Contract Amount in excess of $2 million. 2. Change Orders. The Public Works Director, or City Engineer, shall have authority to approve change orders up to the remaining CIP budget available for any CIP project. D. Rejection of Bids. The Public Works Awarding Authority may reject any and all bids, authorize the readvertising for bids, or waive minor defects in any bid, if the Public Works Awarding Authority determines that such action is necessary or appropriate for the benefit of the public. E. Emergency Waiver. For contracts on Public Works, emergency purchases shall be authorized pursuant to section 2.56.100., above. F. Professional Services. The selection process for professional services for Public Works projects shall be awarded pursuant to section 2.56.110., above. G. “Special” Public Works Contracts. The City Council retains the authority to require its approval of the award of any Public Works contract it defines as “special,” based on factors such as contract cost, value, or other relevant factors, either by amendment to this ordinance or adoption of a City Council policy. 2.56.170 Automatic Indexed Adjustments. The limits set forth in sections 2.56.140, and 2.56.160 shall automatically increase annually based on the Engineering News Record (ENR) Construction Index. These limits will increase by administrative action of the City Manager, starting on October 1, 2018, and again on each October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000. SUMMARY OF CITY PUCHASING PROCEDURES CVMC 2.56) Exhibit B Bid Process Awarding Auth Proposed Current General Supplies, Services & Equipment 250k $ 100k Formal Competitive Bid (2.56.070 & 080) City Council (2.56.080.E.) 100k+ to $ 250k $ 50 - $ 100k Formal Competitive Bid (2.56.070 & 080) City Manager (2.56.080.E.) 10k+ to $ 100k $ 10 $ 50k Informal Bidding/ three bids (2.56.090.A.) Purchasing Agent (2.56.090.A.) 10k No Change Based on market rates/competence (2.56.090.B.I.) Purchasing Agent (2.56.090.A.) Emergency Services ALL No Change Open Market (2.56.100.A.) City Manager or Puchasing Agent (2.56.100.A.) 100k No Change Per Purchasing Agent Procedures (2.56.100.B.) Using Department, with prior consent of City Manager or Purchasing Agent Professional Services No Change $ 50k Selection Committee (2.56.110.C.) City Council (2.56.110.A.3) No Change $ 10 - $ 50k Informal Solicitation (2.56.110.D.) City Manager (2.56.110.A.3) No Change $ 10k Informal Solicitation (2.56.110.D.) Purchasing Agent (2.56.110.A.3.) No Change No Change Demostrated Competence (2.56.110.H.1.) Purchasing Agent (2.56.110.A.3.) Legal Services No Change $ 50k Competitive Solicitation (2.56.110.F.) City Council (2.56.110.F.) No Change $ 50k Competitive Solicitation (2.56.110.F.) City Attorney (2.56.110.F.) Public Works (non-CIP) 250k $ 25k Competitive Bid (2.56.160.A.; 2.56.070.A. & 2.56.080) City Council (2.56.160.B.) 100k+ to $ 250k $ 25k Informal Bid (2.56.160.A.; 2.56.090.A.) City Manager (2.56.160.B.) 100k N/A Informal Bid (2.56.160.A.; 2.56.090.A.) Purchasing Agent (2.56.160.B.) Public Works - CIP Programs 2 mill.N/A Per 2.56.160.A., based on contract value City Council (2.56.160.C.1.) 2 mill.N/A Per 2.56.160.A., based on contract value Purchasing Agent (2.56.160.C.1.) Cooperative Purchasing Agreements 2 mill. $ 100k Per 2.56.140, based on contract value City Council (2.56.140) 2 mill. $ 100k Per 2.56.140, based on contract value Purchasing Agent (2.56.140) Maximum Contract Amount March 17, 2017 City of Chula Vista Staff Report File#:17-0136, Item#: 7. CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED AND SELECTION OF A DATE AND TIME OF A MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION A.DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR ONE VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT) APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Gloria Juarez, Matthew A. Lowery, Lorise Maynard, John Milburn, Lisa Moctezuma, Rachel Morineau, Anwar Nash, Mireya Olais, Rosalba Ponce, and Michael Tactay B.DISCUSSION OF INTERVIEW PROCESS AND SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS COMMISSION RECOMMENDED ACTION Council nominate applicants to be interviewed for the current vacancy,discuss and provide staff with direction regarding the interview process,and select a date and time for an open meeting or meetings to conduct interviews of applicants receiving two or more nominations. Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BACKGROUND A recent resignation from the Cultural Arts Commission has resulted in one vacancy for an Arts Professional seat.More than four applications for the seat have been received.Therefore,pursuant to the applicable appointment process described in CVMC 2.53.050,the first step in the process is City of Chula Vista Printed on 4/20/2017Page1of3 powered by Legistar™ File#:17-0136, Item#: 7. to the applicable appointment process described in CVMC 2.53.050,the first step in the process is for nominations to take place.Any applicant receiving two or more nominations will be invited to interview at a date to be determined by the Council. Following the nominations,the Council will be able to collectively set a time to hold an open meeting to conduct interviews and provide staff direction on the interview process.Each applicant who receives two or more nominations will be invited to interview. CURRENT VACANCY Cultural Arts Commission - 1 vacancy The vacancy on the Cultural Arts Commission is for the following seat: Arts Professional - to replace Jason Prater Per Chula Vista Municipal Code (CVMC)section 2.33.040,“A minimum of six members shall be appointed from among artists,educators,and those with professional qualifications and experience in disciplines of arts and culture,including the performing arts,fine arts,culinary arts,media arts or related arts disciplines.” APPLICATION REQUIREMENTS Per CVMC 2.53.030(C),“’Qualified application’means an application received within the application period with all of the required components.The application form shall be available through the City Clerk’s office and will specify the required components for an application to be deemed a qualified application.” The current version of the application specifies that a resume is required and includes supplemental questions that were not in the original application.Applicants designated with an asterisk (*)below submitted a prior version of the application that did not include the supplemental questions nor indicate that a resume was a required component.An opportunity was provided for these applicants to provide answers to the supplemental questions and/or their resume;however one or both of the items have not been received. APPLICANTS The individuals from whom qualified applications have been received within the past two years are: Rosie Duran Omar Firestone Abel Herrera Gloria Juarez (serves on the Growth Management Oversight Commission)* Matthew A. Lowery Lorise Maynard John Milburn Lisa Moctezuma Rachel Morineau Anwar Nash Mireya Olais* Rosalba Ponce Michael Tactay City of Chula Vista Printed on 4/20/2017Page2of3 powered by Legistar™ File#:17-0136, Item#: 7. Attachments 1. Applications Packet City of Chula Vista Printed on 4/20/2017Page3of3 powered by Legistar™ Vacancy for an expert seat Last Name First Name Resume Expertise Indicated App Date Currently Serving On Preference Notes Duran Rosie X 12/20/2016 1 Firestone Omar X X 3/18/2017 1 Herrera Abel X X 3/14/2017 1 Juarez Gloria X 11/12/2015 GMOC 3 interest email sent 4/11/17; no response Lowery Matthew A X X 2/7/2017 1 Maynard Lorise X X 11/16/2016 1 Milburn John X X 4/11/2017 1 Moctezuma Lisa X X 5/3/2016 1 Morineau Rachel X 6/20/2016 1 interest email sent 4/12/17; no response Nash Anwar X X 4/23/2015 3 Olais Mireya 6/3/2015 1 interest email sent 4/12/17; no response Ponce Rosalba X 3/23/2017 1 Tactay Michael X 12/20/2016 1 Cultural Arts Commission Applications Cultural Arts Commission Applications Packet LeahLarrarte From:Webmaster Sent:Tuesday, December20, 20163:20PM To:CityClerk; AdriannaHernandez; LynnetteTessitore-Lopez Subject:CityofChulaVista: CulturalArtsCommission Application - Webform FollowUpFlag:Followup FlagStatus:Flagged Categories:B&C Anewentrytoaform/surveyhasbeensubmitted. FormName: CulturalArtsCommissionApplication Date & Time: 12/20/20163:19PM Response #: 9 SubmitterID: 21241 IPaddress: 70.183.108.235 Timetocomplete: 10min. , 48sec. SurveyDetails Page1 Application formembership ontheCulturalArtsCommission 1. Prefix Ms. 2. FirstandLastName ROSIEDURAN 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91910 1 7. PrimaryPhone 8. SecondaryPhone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 6years 12. Presentemployer BusinessDevelopment ConsultingServices 13. Occupation BusinessDevelopment Consultant (SE) 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 19. Whichones? Notanswered 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? IamveryactiveintheindustryofpromotingtheLatinAmerican Cultureeventsandentertainmentandit'smyvisiontobring moreliveeventstoChulaVistatogeneratemuchneededincomeforlocalbusinessestostayopentoprovideemployment opportunities, sincethechallenging economyisforcingbusinessowners toclosetheirdoorsIseethatitisanurgentneedto havemorepubliceventsandbringsponsorstodonatetocommunity programsandnonprofitorganizationsofChulaVista. 21. IFyouareanartist, educator, andorpossessprofessional qualificationsandexperienceindisciplinesofartsandcultures seedefinitionsofthesetermsbelow), pleaseindicatewhichdiscipline(s) apply: 2 Definitions: Artist: Apractitionerofanartsdiscipline (e.g. performing arts, finearts, culinaryarts, mediaartsorrelatedarts disciplines) Educator:Onewhoiscredentialed inthefieldoftheartsoronewhoteachesorhasexperience teachingoneor moredisciplinesofthearts. Professionalqualifications:Qualificationsbaseduponone’sbodyofwork, one’seducational background and experienceinadisciplineofthearts. Notanswered 22. Ifyouselectedoneormoreoftheareasofdisciplineabove, pleasedescribeyourqualifications andexperience. (250words orless) Notanswered 23. IfyouareNOTanartist, educator, and/orpossessprofessionalqualifications andexperience (asdescribedinQuestion1, above), pleasedescribeyourcompetence, knowledge, andexperienceinculturalarts. (250wordsorless) AsaBusinessDeveloperConsultant, Ibringtogetherperformers, services, vendors, donors, sponsors, volunteersandmedia to planandpromoteevents. 24. WhatwouldyouhopetoaccomplishintheroleofaCulturalArtsCommissioner? (250wordsorless) IcancontributetokeepsmallbusinessopeninChulaVistabypromoting ArtandCulturaleventswhich willrequireaudiences fromanywheretostayovernight, usetheproducts, touristic attractions, usethevenues, vastoceanfront, andservices our cityhastooffer. 25. Iunderstandthattobeconsidered, Imustsubmitaresumealongwiththisapplication. rosieduran1resumedec2016 (2).pdf 26. TheCityunderstandsmeetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency. 27. IamfamiliarwiththeresponsibilitiesoftheCultural ArtsCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Certified Paralegal Proud member of the San Diego Notary Association Certified Interpreter with English/Spanish Legal Terminology Real Estate Investments Consultant and Business Development Consultant Experience Free Lance Paralegal since 1996 to present, field: Real Estate Property Management Real Estate Investments Consultant since 1999 to present Business Development Consultant since 2005 to present Chevere Entertainment, San Diego CA - Director of Operations since 2015 to present www.chevereentertainment.com Education Pre-Law 1978-1980 Law School University of Lima, Peru Spanish-English Legal Terminology Certification, 1978-1980, Universidad Femenina, Lima Peru Paralegal Studies and Certification, Cuyamaca College, year 1996 San Diego Realtor Board certification Real Estate License, year 2000 Event Planning and Event Media Promotion, Southwestern College, year 2005 Previous Employments Property Management, Eugene Burger Management Corp. since 1982 to 1995 Restaurant and Hotel Chamber of Commerce , Santa Ana. CA since 1981 to 1982 Business office: City of Chula Vista Meeting Minutes - Final Tuesday,January 26,2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista,CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Miesen led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 16-0020 OATHS OF OFFICE Emma Abutin - Commission on Aging Patricia Fernandez- International Friendship Commission Thomas Doyle - Parks & Recreation Commission Gloria Juarez - Growth Management Oversight Commission Rodney Caudillo - Growth Management Oversight Commission Duaine Hooker- Growth Management Oversight Commission Samuel Strong - Youth Action Council Matthew Hong -Youth Action Council Daniela Diaz -Youth Action Council Colin Tam -Youth Action Council Gabriela Perez-Youth Action Council Elizabeth Hafen -Youth Action Council Hannah Johnson -Youth Action Council Paris Delgado -Youth Action Council City Clerk Norris administered the oaths of office to Commissioners Abutin, Doyle, Fernandez, Hooker, and Juarez, and Councilmember Bensoussan presented them with certificates of appointment. City Clerk Norris administered the oaths of office to Commissioners Delgado, Diaz, Hafen, Hong, Johnson, Perez, Strong, and Tam, and Councilmember McCann presented them with certificates of appointment. City of Chula Vista Page 1 LeahLarrarte From:Webmaster Sent:Wednesday, January18, 20178:42PM To:CityClerk; AdriannaHernandez; LynnetteTessitore-Lopez Subject:CityofChulaVista: CulturalArtsCommission Application - Webform FollowUpFlag:Followup FlagStatus:Flagged Anewentrytoaform/surveyhasbeensubmitted. FormName: CulturalArtsCommissionApplication Date & Time: 01/18/20178:42PM Response #: 12 Submitter ID: 21897 IPaddress: 68.8.88.192 Timetocomplete: 11min. , 33sec. SurveyDetails Page1 Application formembership ontheCulturalArtsCommission 1. Prefix Notanswered 2. Firstand LastName LoriseW. Maynard 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91915 7. PrimaryPhone 1 8. SecondaryPhone 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 3 12. Presentemployer Retired 13. Occupation Artist 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? N/A 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? N/A 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? PlanningCommissionfortheCityofSanDiego 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? IamcommittedtomakingChulaVistaabetterplacetolive. Aplacethatallcanenjoyasafeandlovingenvironment. Aplace whereeducationisnumberoneforallthecitizensofChulaVista. Topromoteartistsfromalloverandhavethemcomeand haveeventsaroundChulaVista. ToputChulaVistaonthemapthatwhenpeoplefromallovertheworldcanknowaboutthe greatartiststhatliveandworkhereandwecanallleaveourfootprintbehindforgenerationstoseeourcommunityand appreciateourartandthetalented peoplewhocame beforethem. Ihave40yearsofeconomicdevelopment experiences workingforRohrIndustries, GeneralDynamicConvair/Electronicsand theSanDiegoCounty WaterAuthority inSanDiego. Ihavecreatedanddevelopedsuccessfuleconomic development conferences thatwereresponsibleformanysmallbusinessesreceivingcontractawards fromlocalandfederalgovernment agencieshereinSanDiegoandthroughout California. Iamapublicrelationspersonandpossessexcellent networkingskills. I havewoncountlessawards formymanyservices andforthegovernmentindustries thatIworked. Iamextremelywellknown 2 intheprofessionalandbusinesscommunitiesaroundSanDiego. Ihaveanexcellentreputation thatIhavebeenbuildingfor years. Iamaself-madeartistwithoutspecialtraining, Ihavesucceededbypaintingover200oilandacrylicpaintings. Mypictures havebeenondisplayatchurchesinChulaVista, giventoorganizations, familymembersandwellasbeensold. Itakemyeducateintheartsveryseriouslybyattending classesattheChulaVistaLibrary, MuseumofPhotographicArts MOPA) andamamemberofMuseumofArtinBalboaPark. CommunityissoimportanttomethatIhaveservedon numerousboardsaroundSanDiegoincluding thePlanningCommissionfortheCityofSanDiego, andevenafterretirementI servedontheCentralSanDiegoBlackChamberofCommerce board. Iamextremely selectiveabouttheboardsthatIserveon, themissionandthecommitmentofitsmemberisveryimportantto me. IwasaskedbythePastoroftheRockChurchtosharemytalentswiththecommunity. In2016, ItaughtArttoAdultswith anemphasisonseniorsfortheentireyear. My "ArtExpression Therapy" classeswillstartagaininMarch2017. Imustnote thattheclassesareself-fundedbymeandallthesuppliesandcanvasesarefree. Seniorsandotherscanattendatnocharge andlearntoappreciateartwhile healingtheirmindsbyfillingitwithcreativeexcitingnewart. Manyofmystudents havenot attendedanartclassbeforeandaresurprisedattheirnewfoundtalents. Itismygoalthateachstudentleavetheclass witha finishproductaftertwoorthree hoursofwork. 21. IFyouareanartist, educator, andorpossessprofessional qualificationsandexperienceindisciplinesofartsandcultures seedefinitionsofthesetermsbelow), pleaseindicatewhichdiscipline(s) apply: Definitions: Artist: Apractitionerofanartsdiscipline (e.g. performing arts, finearts, culinaryarts, mediaartsorrelatedarts disciplines) Educator:Onewhoiscredentialed inthefieldoftheartsoronewhoteachesorhasexperience teachingoneor moredisciplines ofthearts. Professionalqualifications:Qualificationsbaseduponone’sbodyofwork, one’seducational background and experienceinadisciplineofthearts. PerformingArts FineArts MediaArts 22. Ifyouselectedoneormoreoftheareasofdisciplineabove, pleasedescribeyourqualifications andexperience. (250words orless) IhavestudiedArtAppreciationattheUniversityofRhodeIslandwhereIreceivedmyMSdegreeinOrganizational Management andIndustrialization. IhavealsoreceivedmyMBAfromNationalUniversity intheSanDiego, Californiaarea. I havetakenphotography classesattheMuseum ofPhotographicArts (MOPA) inBalboaPark. IwasaskedtoappearinMOPA videothatplayedduringtheirsemi-annualfundraiser. IamalsoamemberofMOPAandtheSanDiegoMuseum ofArt. Throughoutmyprofessionalcareer, Ihaveauthoredprintedads, promotionalmaterials, newsletters, etc. inlieuofmy painting. Iamnaturallygiftedbecause, Ihavebeenpaintingfor3years, andIpainted36yearsagoandputdownthebrushandpicked itupagainjust2yearsago. Inbetweentime, Iattendedartshows, observeartdisplayatmuseums, studiedtechniquesused byotherartistsatmall, "WestfieldPlazaBonita," SanDiegoBlackFilmFestivals, streetfairs, othersvenuesandperformingart shows. IbelievemytalentscomefromGODandnotman. ArtisawayofassistingmetoshowpeopleGod'sworldandtheeveryday thingswemissseeingwithoureye. Sometimesweletthesmallwondrousthingspassusby. 23. IfyouareNOTanartist, educator, and/orpossessprofessionalqualifications andexperience (asdescribedinQuestion1, above), pleasedescribeyourcompetence, knowledge, andexperienceinculturalarts. (250wordsorless) N/A 24. WhatwouldyouhopetoaccomplishintheroleofaCulturalArtsCommissioner? (250wordsorless) IamcommittedtomakingChulaVistaabetterplacetolive. Aplacethatallcanenjoyasafeandlovingenvironment. Aplace 3 whereeducationisnumberoneforallthecitizensofChulaVista. Topromoteartistsfromalloverandhavethemcomeand haveeventsaroundChulaVista. ToputChulaVistaonthemapthatwhenpeoplefromallovertheworldcanknowaboutthe greatartiststhatliveandworkhereandwecanallleaveourfootprintbehindforgenerationstoseeourcommunityand appreciateourartandthetalentedpeoplewhocame beforethem. Thereisacrisisinourschoolsystem wheretheadministrationisgettingridofmanyoftheartprograms. Therefore, weas citizenshavetostepuptotheplateandinventcreativewaysofmakingsureourchildrenarenotmissingout. Noteveryone canhelptoplaceamanonthemoon, butwecanrecordtheachievementbyusingart. Iwanttomakeartmorevisibleand affordabletoourstudentsintheChulaVistaschoolsystemandintroducearttomanystudentsforthefirsttime. 25. Iunderstandthattobeconsidered, Imustsubmitaresumealongwiththisapplication. LoriseW. MaynardScholarshipBio.docx 26. TheCityunderstandsmeetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency. 27. IamfamiliarwiththeresponsibilitiesoftheCulturalArtsCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 4 Lorise W. Maynard Artist Biography Lorise W. Maynard earned a Masters of Business in Administration Industrial Relations from National University in San Diego and a B.S. in Organizational Management from the University of Rhode Island. Currently she attends classes at the Museum of Photographic Arts MOPA) and at Southwestern College in Chula Vista. She started her art career 35 years ago and painted over 50 oils in which she sold, donated to family members and/or displayed at professional events. Before moving to California, Lorise worked as a promotion director for an upstate New York shopping center and entered the world of defense contracts as a procurement specialist. Always an artist, she even then was instrumental in the art community procuring the display of California Performing Artists painting in a local mall. Before her retirement she has worked with Rohr Industry, General Dynamics its Convair and Electronics Divisions, San Diego County Water Authority. She has been deeply involved in the community and has held memberships with organizations such as the San Diego Association Black Journalists, Black MBA Association and National Society of Black Engineers San Diego Professional Chapter, Public Agency Consortium and the California Black Chamber of Chamber. Maynard has been selected as a guest speaker at conferences, community events, civic organizations and many other community functions. Her community involvement has resulted in many local, state, and national awards. Her lifelong motto is: “Giving something back is a natural part of remembering where you came from and helping others in the way in which you were helped. If I can improve one person’s life and continue to improve conditions .then everyone benefits. This dynamic civic leader encourages the elderly to take charge of their lives by investing in their health and like herself, to remain lifelong learners. Maynard will be instructing an Art Expression Therapy class for the Rock Church in City Heights beginning in March 2016. Maynard is also a poignant poet who wrote a poetry book 35 years ago that displays some of her art. This dynamo is now working on two more books of art and photography that will be completed by the end of 2016. Lorise W. Maynard Scholarship Chair Lorise W. Maynard attended the University of Rhode Island with a B.S. in Organizational Management and Industrial Relations and later earned a Masters of Business Administration from National University in San Diego. Building scholarships endowments and assisting small business communities is her way of giving back to the community. Lorise W. Maynard serves as the Scholarship Chair for the Central San Diego Black Chamber of Commerce. She started six separate and unique scholarship programs at entities such as: General Dynamics its Convair and Electronics Divisions, San Diego County Water Authority, San Diego Association Black Journalists, Black MBA Association and National Society of Black Engineers San Diego Professional Chapter, which resulted in more than a $1.5 million dollars in scholarships awarded to high school seniors and students attending college institutions. Using this avenue, Lorise is continuing to encourage young people to become the business owners of tomorrow through the many scholarship programs she has administered and developed. Before moving to California, Lorise worked as an event planner for an upstate New York shopping center and entered the world of defense contracts as a procurement specialist. She saw first-hand how the proper education of small business owners could help them procure lucrative defense contracts and allow them to become important members of the community and vital components of this country’s economy. During the years at Rohr, General Dynamics and the San Diego County Water Authority, these institutions received many local, state, and national awards as a result of Lorise’s leadership. She feels her greatest legacy is one of community service: “Giving something back is a natural part of remembering where you came from and helping others in the way in which you were helped. If I can improve one person’s life and continue to improve conditions for Socioeconomic Businesses, Small Disadvantaged Businesses and Women-owned Businesses then everyone benefits.” Before retirement, Lorise was responsible for planning and implementing Small Business Conferences and Trade Shows to promote General Dynamics and the San Diego County Water Authority’s commitment to improve opportunities for Small and Small Disadvantaged Businesses. She served as a guest speaker at conferences, community events, civic organizations and attended many functions on her personal time. Lorise has also conducted management and buyer training programs on small business, small disadvantaged business concerns, and other Socioeconomic Programs on behalf of her employers. MWIITL Ij 7111 Lisa Moctezuma , CFRM Multi-lingual operations expert with specialized skills in accounting, project management, customer service, communications and administration. Professional Experience _______________________________________________________________ LATIN AMERICAN BOOK SOURCE, INC. – Owner, Chief Financial Officer 2015-Present, Chula Vista, CA (third largest distributor of Mexican and Latin American publications in the US) Manages finance department including accounting, budgeting, forecasting, collections, bank reconciliation, sales tax preparation, general ledger and financial statements Designs and implements CRM strategies including database and systems development, prospect and client cultivation, opportunity tracking and client feedback and monitoring. Manages human resource department including payroll, hiring, training, management and supervision staff members Manages all administrative functions including insurance, vendor relations and importing Organizes, designs and executes client engagement campaigns for trade show circuit Designs marketing and communications materials INTERNATIONAL COMMUNITY FOUNDATION – Operations and Communications Manager 2010-2014, National City, CA (nonprofit foundation granting $6-7 million dollars per year to Mexico, Latin America and the San Diego-Tijuana border region) Increased year-end giving by over 70% through targeted direct mail campaigns Executed all secretarial and administrative duties including correspondence, reports, HR, project management, executive and staff calendaring and travel arrangements, client and vendor service Negotiated vendor contracts to lower operational expenses by over ten thousand dollars annually Reduced completion time for audit and tax return for three consecutive years, resulting in tax return filing by the IRS deadline for the first time in the foundation’s history Trained and supervised staff (up to 15), interns and volunteers Expanded donor base through development efforts including donor engagement events, board development events, cross-border tours and donor site visits Wrote and executed marketing plan, resulting in increased revenue, media presence and local brand recognition Redeveloped design and copy for annual report resulting in increased donor impact and donations Secured donation of vehicle for subsidiary (valued over $25,000) Doubled fan base and broadened following across multiple social media platforms BULLEN, RUCH & NELLER, LLC. – Business Development Manager 2008-2010, Chula Vista, CA largest and oldest public accounting firm in South County) Increased operational efficiency through the development of new office procedures and green business practices Transitioned new clients and resolved client, stakeholder and vendor issues Developed contact management system which expanded client base and improved client retention rate Created and edited marketing materials Created and presented team-building seminars for staff and management Lisa Moctezuma , CFRM Page 2 LATIN AMERICAN BOOK SOURCE, INC./MOCTEZUMA BOOKS & GALLERY – Owner, Chief Financial Officer, Gallery Director 1989-2008, Chula Vista, CA (third largest distributor of Mexican and Latin American publications in the US) Managed operations, accounting, budgeting, collections, bank reconciliation, general ledger and financial statements Managed all human resources including payroll, hiring, training and supervision of staff members Wrote and designed press releases and advertising copy, shot press photographs Organized, coordinated, curated and promoted special events, gallery exhibitions and receptions bilingual events that included artists’ talks paired with authors’ literature readings) Designed catalog and advertising, scheduled and coordinated catalog production and dissemination, created and produced marketing materials, conducted direct marketing campaigns and designed website Secured earned media and conducted television, newspaper and radio interviews Community Service & Affiliations ________________________________________________________ CHULA VISTA CHARITABLE FOUNDATION – Chula Vista, CA Chair-Elect, Grants Committee Chair, Founding Member, Board Member, Finance Committee Member, 2013-Present CITY OF CHULA VISTA PLANNING COMMISSION – Chula Vista, CA Chair, Commissioner, 2006-2014 SAN DIEGO PORT-CHULA VISTA BAYFRONT CULTURAL & DESIGN COMMITTEE – Chula Vista, CA Committee Member, 2013-Present THIRD AVENUE VILLAGE ASSOCIATION – Chula Vista, CA President and all Executive Officer positions, Board Member, Design Committee Chair, Promotional Committee Chair, Branding Committee Chair, Economic Restructuring Committee Member, Organizational Committee Member, 1999-2013 CITY OF CHULA VISTA CHAMBER OF COMMERCE – Chula Vista, CA Board Member, 2001-2009 Education ___________________________________________________________________________ Brandeis University, Bachelor of Arts (graduated summa cum laude, independent major of Italian and Spanish Language and Literature) Indiana University Lilly Family School of Philanthropy, Certificate in Fund Raising Management Via Lingua (Florence, Italy), Certificate in Teaching English as a Foreign Language (CTEFL) Skills _______________________________________________________________________________ Project management Microsoft Office Suite Editing and copywriting Accounting CRM Budgeting Board governance Fundraising Spanish & Italian fluency Marketing Organizational skills Human resources Professional & Personal References Available Upon Request LeahLarrarte From:Webmaster Sent:Monday, June20, 20167:26PM To:CityClerk; AdriannaHernandez Subject:CityofChulaVistaCulturalArtsCommissionApplication - Webform Anewentrytoaform/surveyhasbeensubmitted. FormName: CulturalArtsCommissionApplication Date & Time: 06/20/20167:25PM Response #: 3 Submitter ID: 15103 IPaddress: 216.70.236.2 Timetocomplete: 23min. , 52sec. SurveyDetails Page1 Application formembership ontheCulturalArtsCommission 1. Prefix Mrs. 2. FirstandLastName RachelMorineau 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91911 7. PrimaryPhone 8. SecondaryPhone Notanswered 1 Did not receive supplemental questions 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 19years 12. Presentemployer SouthBayCommunityServices 13. Occupation ProgramDirector 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? CVPromiseParentAdvisory, LiveWellSanDiegoSouthRegionLeadership,SouthRegionEmergencyServices, Mexi'coyltDanza volunteermember, TrojanFootballParentOrganizer 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? Asbothaparentandprofessional, livingintheChulaVistaareaforover22years. Ibringawealthofexperienceinconnecting abroadspectrumofcross-culturalpartnersincludingschools, City & CountyDepartments, socialserviceproviders, hospitals, clinics, institutesofhighereducation, volunteers, parent & residentgroupsforchange. Myprofessionalexperienceworking withChulaVista PromiseNeighborhood (CVPN) hasprovided mewithadeeperunderstandingoftheculturalneedsand desiresofthiscommunity. Togetherwithmanypartnersauniquevisionwasformedtoimprove educational, health, andsocial developmentoutcomesforchildrenandyouthbybuildingacontinuum of ‘cradletocareer’ solutions. Centered aroundgreat schoolsandathrivingCulturallyfriendlyneighborhoodthat willenhancethelifestylesofchildrenandfamilies livinginChula Vista’sWestside. Throughmycoordination oftheseservicesIhavesupported withthegainsinHealth, Community, Culturally friendlyPartnershipsandQuality Educationforallfamilies, asproven throughadatacollection systembuiltspecificallyforthis project. 21. Whatwouldyouhope toaccomplishintheroleofa CulturalArtsCommissioner? (250wordsor less) Iaminterested inservinginanadvisorycapacityto furthersupportournewlocalcommunity leadersintheChula Vistaarea. 2 Did not receive supplemental questions Mygoalistohelpsupportthesecommunityleadersindevelopingasound, understandingofenvironmental; andsocial conditionsthatimpactafamilieshealthandwellbeing. ManyofourfamilieslivinginChulaVista, childrenincludedfeel isolatedanddistantfromthefamiliesandculturestheywereonceuseto. Itismyintenttohelpsupportthesefamilies, the commissionandtheentireChulaVistacommunitywiththeincreasedknowledgeandexposuretomoreartsandcultural opportunities. Thisincludescreatingmoreculturallyfriendlyneighborhoodswherefamiliescancontinuetothrive. 22. Youmayuploadaresumeinadditiontoyourapplication (optional). ProgDirectorResume2015.doc 23. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency. 24. IamfamiliarwiththeresponsibilitiesoftheCulturalArtsCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Did not receive supplemental questions Rachel Pinuelas-Morineau Program Director Highly motivated and goal-oriented professional committed to pursuing a long-term career in Management. Offers 20+ years experience working with partners, families, youth and community. Exceptional relationship-building skills in communicating with all levels of professionals, which propels smooth project delivery and capacity building. Easily adaptable to change, with an eagerness towards learning and expanding project capabilities. Experienced in most computer programs, as well as Effort To Outcomes and CISRS Data management. Bi-lingual in English/Spanish. PROFESSIONAL EXPERIENCE Community Engagement Director 2011 – Present SOUTH BAY COMMUNITY SERVICES- CHULA VISTA PROMISE NEIGHBORHOOD Initiative - Chula Vista, Ca 013-Present Awarded the Chula Vista Promise Neighborhood (CVPN) 27.8 Million Implementation grant. Conducted and assisted in coordinated of mass hiring for all departments and staff training. Directly overseeing staff, development of training academy, placement, worksite plans, community activities and deliverables. Ongoing staff leadership development, monitoring of workload, review and evaluation of performance correlating to project goals. Key manager in assembling a broad spectrum of cross-sector partners and community in the support and development of CVPN. Responsible for coordination of yearly community needs assessment. Created and analyzed comparison data based from the previous year. Provided venues to share comparison data with community, partners, key stake-holders and dignitaries. Implementation of 5 Parent Centers and Literacy Cafes located on each school site. Development of Centers worksite plan and goals which include: outreach, community activities, parent and youth engagement, workshops and planning for future needs. Expanded volunteerism to support programs across the pipeline. Collaborate weekly with agency contract compliance, grant, data and public relation teams to ensure streamline program facilitation. Monitoring of program budget, site operations, material, printing and office needs. Assisted and co-created program specific data tracking system for delivering outcomes. Develop reports and public speaking presentations as needed. Perform other related duties as assigned. 2012-2013 Coordinated collaboration efforts in the program planning and design of the South Bay Community Services, Chula Vista Promise Neighborhood (CVPN) planning grant. Key manager in the development of the CVPN program’s policies and procedures, activities and services of coordination. Supported and directed partner and program needs. Conducted community needs assessment which included the staff selection, training, and implementation procedures needed to conduct door to door surveys. Coordinate time sensitive outreach material, scheduling, and data collection. Collaborate with schools, districts and other partners to ensure the planning grant and all pilot programs are properly implemented. Facilitate monthly Partner committee meetings and documentation. Ensure youth and families are involved in the design and planning of all services. Introduce schools, districts and other partners to monitoring system for compliance and contract evaluations. Coordinate the Bilingual Parent/Resident Committee meetings to ensure 2-way communication between schools / parents / residents and other project committees. Ensuring that all partners are culturally aware of our community and delivering services cohesively to our community’s needs. Provide parents with the resources and support needed for addressing Cradle to College or Career pathways. Coordinate pilot home and classroom visiting program for families. Submitted and Awarded mini grants for community driven garden, nutrition and exercise projects. Created volunteer database to assist in the sustainability of programing EXCEL Program Coordinator 2007 – 2012 SOUTH BAY COMMUNITY SERVICES WIA/ ILS PROGRAM - Chula Vista, Ca Conduct program planning, program design and implementation of the South Bay Community Services WIA/ILS year-long program in the South, East and North Regions. Development of the EXCEL program’s policies and procedures, activities and services in coordination with any other program needs. Conduct staff supervision, including the selection, training, and evaluation process. Supervise monitoring system for compliance and contract evaluations. Monitor data reported into CISRS, development of data tracking system, analyze data, and the preparation of reports for executive staff and contract compliance department. Manage program operating plan, expenditure plan and WIA outcome measures. Develop and implement corrective action plan if necessary. Coordination of workforce development services with One-Stop Career Centers and collaborative partners. Conduct outreach through presentations to promote both the EXCEL program and the agency’s needs. Act as liaison with employers, employer groups, City and County employees, other community organizations, and the San Diego Workforce Partnership. Perform other related duties as assigned. Did not receive supplemental questions Continued… Rachel Pinuelas-Morineau PAGE 2 Youth and Family Development Associate/ 2005 – 2007 Job Developer SOUTH BAY COMMUNITY SERVICES ILS PROGRAM - Chula Vista, Ca Provide individual case management for youth between the ages of 16 to 21 years of age. Maintain case records and client files. Create individual case plans with youth surrounding issues of school, stable housing, employment and crisis management. Appropriate coordination of contacts with other public and private organizations. Facilitate weekly ILS classes when needed. Participation in special projects within the SBCS organization as needed. Assist clients with employment searching, interviewing process, including job referral, placement, counseling and coordination, in addition to daily office procedures and assignments for Employment and Training activities. Develop employment positions with employers in the community that are suitable to the needs and desires of our clients, assist clients with any other employment skills as needed. Parent Advocate 2002 - 2005 BREAKING CYCLES (SAY, San Diego Inc.), San Diego, Ca Serve as first point of contact to assist parents with children entering the juvenile justice system, act as the liaison between probation and the parents, review files, attend assessment intakes as support for the parents, assist in devising the case plan, supervise and train student workers with daily activities, provide community resources, advocate for parental involvement, implement quarterly Parent Advisory Board, facilitate weekly parenting groups, organize community development activities, follow-up with parents on any continuing needs/services, translate in Spanish for parents, minors in custody and for probation staff whenever necessary. Family Support Worker/ Reading Program Leader 2000 - 2002 FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca Provide intake, information, assessment and case management to families assigned, respond to the needs of low income/high risk families in the Mid-City area with dignity and respect, meet regularly in the home with families, develop family service plans and ensure its completion, assist families in improving their parenting skills, domestic violence education and counseling, assist families with any legal forms as needed, family service plans, case notes and data collection forms, provide outside community referrals as needed, supervise a weekly group of 20-30 community children and volunteer teens during a reading enrichment class, Lead Coordinator of company and community events. Administration Assistant/Reading Program Leader 1998 - 2000 41ST FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca Greet public in person and via telephone, intake and referral of potential clients, translated for non-spanish speaking caseworkers, counselors, probation officers and teachers, maintained positive communication and problem solving interface with the clients, staff and 13 collaborative agencies, data entry, typing, copying and other clerical task, including memos correspond ence and reports, processed incoming and outgoing mail, developed and maintained filing system, record keeping of petty cash and casework matters, prepared check request and purchase orders, supervised a weekly group of 20-30 at-risk community children and volunteer teens during a reading activity class. Coordination of agency events. Intake Assistant 1996 - 1997 GUADALUPE HOMES FOSTER FAMILY AGENCY, West Covina, Ca Kept various confidential records, obtained basic information regarding potential clients, prepared client file in English and Spanish, dealt with grieving and angry natural parents, transported foster children to new homes, delivered or collected paperwork relating to the child in placement, maintained filing system for client files, distributed and updated weekly information to Social Services and other agencies, assisted secretary with phones and other duties as assigned. Admin Assistant/Social Worker Assistant 1995 - 1996 GUADALUPE HOMES FOSTER FAMILY AGENCY, Long Beach, Ca Phones data entry, translation for non-spanish speaking social workers, monitored parent visits, assisted in placement paperwork, created client files, kept client files updated, interviewed potential foster parents, fingerprinted, certified and re-certified foster parents, assisted Coordinator and Social Workers with reports, maintained communication between Community Care Licensing and our agency, coordinated office events. Additional work history available upon request Did not receive supplemental questions Continued… Rachel Pinuelas-Morineau PAGE 3 EDUCATION University of Phoenix, Chula Vista, Ca 2000 to 2003 Bachelors Science Human Service Courses Mt. San Antonio College, Walnut, Ca 1990 to 1995 (part-time) General Education Courses West Covina High School, West Covina, Ca Graduated 1988 General Education Courses TRAINING Skills to Accelerated Results Training 12 month Results leadership-based training designed to provide leaders with the skills and tools to help work collaboratively with government, nonprofit and community agencies effectively to make changes that will produce results. Resident Leadership Academy 40 hour Resident Leadership Academy designed to empower residents in San Diego County communities. This empowerment leads to improved quality of life in neighborhoods, with changes promoting physical activity and healthy food choices. Effort To Outcomes Training 16 hour training designed to increase the understanding the development of a data system. To help measure the incremental progress of participants, understanding the effectiveness of the programs and demonstrate the impact to funders and key stakeholders both quickly and easily Graduation Coach Facilitator 8 hour Graduation Coach facilitators training campaign. A community-based service strategy aimed at educating other caring adults in Chula Vista about critical conversations to discuss with students in their lives that help them navigate through school and take positive actions with the goal of graduating on time and preparing for life after high school. Did not receive supplemental questions Page1of 3 CityClerkIntern From: Webmaster Sent: Thursday, April23, 201512:46PM To: CityClerk Subject: CityofChula VistaBoards & Commissions Application - Webform Anewentrytoaform/surveyhasbeensubmitted. FormName:Boards & Commissions Application Date & Time:04/23/201512:45PM Response #:23 SubmitterID:1512 IPaddress:68.101.189.106 Timetocomplete:10min. , 39sec. SurveyDetails S\]: Thisquestionismarkedassensitive, answerstosensitivequestionsarenotsentbyemail. LogintotheCMStoviewthe answertothisquestion. Page1 1. Prefix Mr. 2. FirstandLastName AnwarNash 3. E-mail 4. HomeAddress 5. City Chulavista 6. ZIPcode 91910 7. PrimaryPhone 8. Secondary Phone 4/29/2015 Page2of 3 Notanswered 9. Pleaseindicateyourareasofinterest bycheckingtheboxesbelow. BoardofEthics CivilServiceCommission CulturalArtsCommission GrowthManagement OversightCommission \[×\] InternationalFriendship Commission SafetyCommission Ifyoucheckedmorethanonebox, whichwouldbeyour: 10. Firstchoice? InternationalFriendship Commission11. Secondchoice? BoardofEthics 12. Thirdchoice? CulturalArtsCommission 13. \[ S\]Forthefollowingboard/commissions, pleasesubmityourresume: BoardofEthics, BoardofLibraryTrustees, CivilServiceCommission, GrowthManagement OversightCommission, Parks & Recreation Commission14. AreyouregisteredtovoteinChulaVista? Yes 15. DoyoulivewithintheCitylimitsofChulaVista? Yes 16. HowLong? 7years 17. Presentemployer LoyalAntiquity, Inc (Co-Owner) 18. Occupation SelfEmployed 19. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 20. Whichone(s)? Notanswered 21. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 22. Whichones? 4/ 29/2015 Page3of 3 Notanswered 23. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 24. Whichones? Notanswered 25. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperienceorspecialknowledgecan youbringtothoseareas? 1) InternationalAffairsBoard. IamreallyinterestedinthisboardasIampersonallypartofthreedifferentculturesand speakperfectly2languages (English & Spanish). IwasbornandraisedinMexicoCity, andbothofmyparentsarefrom differentnationalities. SoIunderstanddifferentculturesandwouldlovetobepartofprojectsthatoverseetheshare ofcultures. Ihavegoodcontactsindifferentcompaniesandcorporationsthatmightbeinterestedininvestingtheir moneyinnonprofitprojectsoranykindofculturaloreconomiceventthatcouldbenefitthecity. Arts & CultureCommission. Ibelievethisisoneofthemostimportant boardsorcommissions inthecityandwould alsolovetobepartofbecauseitoverseenotonlythefundsforartsandculturebuttherevenuethatthesetwo importantsubjectattract. Ibelievethatthesecommissions needyoungandcreativemindstochangeoratleastgive anotherpointofviewof "whatcouldbe" insteadof "whatshouldbe" I'vebeeninthebestcitiesinAmericaandinmy opinionthereisnonelikeSanDiego / Chulavista, andweneedtosupportcreativityandembraceideastomake deservethetitleofAmerica'sFinestCity. 26. Whatwouldyouhopetoaccomplish byyourparticipation? Ijustwanttocontributetothecommunity, maketheplacethatIliveinabetterplaceforallofus. Peopleoften complainaboutwhatisgoingonontheirsurroundingsbutdonothingaboutit. Myintentionistoidentifythose concernsandmakeitbetter. Speakupandsuggestideasthatwillhelptheyoungestgenerationstoachievetheirgoals andhelpthemusetheirtalents. Iamfamiliarwiththeresponsibilities oftheBoardsandCommissionsforwhichIamapplying. Bysubmittingthis application, Iherebyattestthattheaboveinformationisaccurateandtrue. Thankyou, CityofChulaVista ThisisanautomatedmessagegeneratedbytheVisionContentManagementSystem™. Pleasedonotreplydirectlyto thisemail. 4/29/2015 City of Chula Vista Cultural Arts Commission Supplemental Questions We have recently redesigned our applications for our boards and commissions. Please answer the following questions to ensure that all applicants have provided the same information: 1. IF you are an artist, educator, and or possess professional qualifications and experience in disciplines of arts and cultures (see definitions of these terms below), please indicate which discipline(s) apply: Definitions: Artist: A practitioner of an arts discipline (e.g. performing arts, fine arts, culinary arts, media arts or related arts disciplines) Educator: One who is credentialed in the field of the arts or one who teaches or has experience teaching one pr more disciplines of the arts. Professional qualifications: Qualifications based upon one's body of work, one's educational background and experience in a discipline of the arts. o Performing Arts Fine Arts o Culinary Arts Media Arts Related Arts or Disciplines (please specify): G011'+O 2. If you selected one or more of the areas of discipline above, please describe your qualifications and experience. (250 words or less) arh pvI(A aF a MMicvn Imo- P4j o niZ * OA irrC o II & w . 6, j t b j uw v W e s n cw 13 in c M „AA c is one iA cc (. wor fsr Q vww. r0W jajo(ira . con, or ckc-L he,r Also Qtoma kc " fm&.fb 4AI c111 s wig " wor. 3. If you are NOT an artist, educator, and /or possess professional quallfications and experience (as described in Question 1, above), please describe your competence, knowledge, and experience in cultural arts. (250 word6 or less) hce T' vt 6ew rr cgnti wi h an Wf l cp+ Cor Ikon. 4, 6,,s T/ becrorm paA O LAJO 1A . Evt kti' , fMOME*e,s , -e- • . Li T .O- rmh vIon ,cut. a e a Cj. lc OVY atft'OAa O 9r"V" rW'v V ei'l, IC f r1O Ui,Ll lt- W"t A V , Vrvn ff o +tjS %o tnfftms /on 4. The City understands meeting schedules and individual's availability may change. We ask that you consider the meeting schedule when submitting an application. Second Monday of each month 6:00 p.m. Council Conference Room 101 276 Fourth Avenue, Chula Vista YI have reviewed the Cultural Arts Commission regular meeting date, time and frequency. o I am familiar with the responsibilities of the Cultural Arts Commission. I attest that the information I have provided is accurate and true. Name: Please r ate: 01 Z lc ned signatures are acceptable. Motivated individual experienced in diverse areas such as financial analysis, Non Profit, Research & Development and Top Security analysis. Skilled in solving complex problems in high-pressure environments. Excels at cultivating, managing and leveraging professional relationships. Skilled at building strong working relationships with fellow staff, supervisors and community members. My goal is to obtain a challenging leadership position with a growing company or entity applying creative problem solving and to achieve optimum utilization of resources and maximum profits, to be given the chance to apply the knowledge I already have and at the same time learn new skills quickly and effectively with plenty of hard work and dedication. Some of my qualifications and highlights are: o Exceptional organizational skills o Creative problem solver o Analytical reasoning o Project management o Public policy background o Data collection and analysis o Financial policy development Loyal Antiquity, Inc. [www.loyalantiquity.com] As a business professional I decided to start an e-commerce side business that made $45k the first eight months. I started doing it all by myself and now I have a total of 4 employees that run everything from shipping orders, contact suppliers, handling inventory, marketing and seasonal promotions. I currently just attend to a week conference call where we discuss numbers and address what needs to be done. We currently have as clients FOX and NBC as costume design on some of their shows and we also have been featured in big magazines such as Harper’s Bazaar, In style, Cosmopolitan and other international magazines. We have also been featured and sponsored by national and international celebrities in such a short time of existence. Metropolitan Inc. Our group received the EAD Director's Award given once a year to the best case investigation in the whole country. Promoted to Lead Analyst after just 7 months of employment. I received the state of California department of justice certification to conduct and participate in top- secret investigations. I hold a Homeland Security clearance. LPL Financial I introduced a new method for tracking investments, which saves a lot of time and paperwork and has now become an effective researching tool used in various departments on this company. I was promoted to Sr. Investment Specialist. ANWAR NASH SU M M A R Y A C O M P L I S H M E N T S Bilingual Intel Analyst Nov, 2011 to Current Metropolitan, Inc. – San Diego, C A o Intel analysis and support on Investigations for several Government agencies such as ICE (Immigration and Customs Enforcement), HIS Home land Security Investigations), DEA (Drug Enforcement Administration) and FBI (Federal Bureau of Investigation). o Identify and extract essential information from investigations, analyze the data, and synthesize the information into reports that can be disseminated. Develop specific expertise, discern patterns of complex behavior, and provide an accurate understanding of present and future threats. o Apply highly developed inductive reasoning skills to provide a proactive approach to potential threats. Navigate a variety of records, reports, miscellaneous communications, case files, and other sources to support research and analysis. o Performed translations and transcriptions (Spanish to English and vice versa) of legal documents required by any Government Agency to be used in the court of law. Analyze information and interpret it accurately (Spanish to English and vice versa). Non Profit Sector Funding Apr, 2011 to Current Mexico D.F. o I am part of a Mexican non-profit organization that supports new talent in Filmography, Photography, Painting, Contemporary Dance just to mention a few. o Manage the budget to fund upcoming projects such as film and art festivals supporting new Mexican Talent. Some of the main contributions was for the film making of two movies called “I don’t know whether to slit my wrists or leave them long” in 2013 and Amor de mis Amores” in 2014 by the talented Mexican writer and director, Manolo Caro. o Suggest events and projects to invest that will help the cause that is intended every 6 months. o Sr. Alternative Investments Specialist Jul, 2006 to Mar, 2011 LPL Financial – San Diego, CA o Improved financial status by analyzing results and variances, identifying trends and recommending actions. o Analyst in charge of handling Private Placements (3040 Investments), which includes being in touch with CEO's and CFO's of the Companies that the client is investing in. Responsible for reviewing and approving investments by signing the contracts as LPL Financial Custodian before the investment takes place. o Knowledgeable in Private & Public investments such as Managed Features, Hedge Funds, Mutual Funds, Equipment Leasing, Limited Partnerships, 1031 Exchanges, Real Estate Investments, Oil & Gas Investments. Analyzed prospectus for future investors, measured risks EX P E R I E N C E of investments and confirming assets, Audit of shares & funds. Handled Dividend Changes for Financial Advisers. Research Analyst Feb, 2005 to Apr, 2006 Luth Research - San Diego, CA o Collected and analyzing data on customer demographics, preferences, needs, and buying habits to identify potential markets and factors affecting product demand. Preparing reports of findings, illustrating data graphically and translating complex findings into written text. o Measuring the effectiveness of marketing, advertising, and communications programs and strategies. Measuring and assessing customer and employee satisfaction. Forecasting and tracking marketing and sales trends, and analyzing collected data. o BA Degree, Public Administration 2009 SDSU San Diego State University - San Diego, CA, USA o AA Degree, Liberal Arts 2007 SDCCD San Diego City College - San Diego, CA, USA o Diploma, International Business Program 2016 Grossmont College - San Diego, CA, USA o Diploma, Communications Program 2004 Anahuac University - Mexico City, Mexico o Languages: Spanish and English - 100% Read, Write, Speak o Department of Homeland Security Background Clearance as of February of 2011 awarded. ED U C A T I O N AD D I T I O N A L IN F O R M A T I O N Did not submit resume and supplemental questions Did not submit resume and supplemental questions Did not submit resume and supplemental questions City of Chula Vista Staff Report File#:17-0139, Item#: 8. Title CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT TO $2,500;TO SPECIFY THAT ALL COMMERICAL MARIJUANA ACTIVITY,BOTH RECREATIONAL AND MEDICAL,IS PROHIBITED UNDER CHAPTER 5.66;AND TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT;AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED;AND AMENDING CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Staff is recommending that the City Council adopt the proposed Ordinance in order to increase the maximum daily civil penalty amount for violations of the Chula Vista Municipal Code,clarify that all Chula Vista-based commercial marijuana activity is currently prohibited in the City of Chula Vista,and add both marijuana and controlled substances to the City’s current social host regulations.The provisions prohibiting all commercial marijuana activity would remain in effect pending further discussion and examination of the City’s position as to marijuana businesses,but will not prevent the City from changing its position at a future date.This proposed ordinance is recommended at this time to provide clarity to residents and visitors,enhance public safety pending any future changes that may be made at either the state or local level,increase the effectiveness the City’s municipal code enforcement efforts,and hold persons accountable for failing to take reasonable steps to prevent minors from consuming marijuana and other controlled substances at private gatherings. ENVIRONMENTAL REVIEW Environmental Notice This activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination 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 City of Chula Vista Printed on 4/20/2017Page1of5 powered by Legistar™ File#:17-0139, Item#: 8. 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 the CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In response to the challenges and confusion facing local jurisdictions as a result of recent changes to state law regarding marijuana,Staff recommends that the City provide clarity regarding the current status of commercial marijuana activity in the City of Chula Vista,that the City enhance its enforcement capacity in response to recalcitrant municipal code offenders,and that the City take steps to expand its social host ordinance to include marijuana and other controlled substances. Updating the CVMC to Address Proposition 64 In 2011,the Chula Vista City Council enacted chapter 5.66 of the Chula Vista Municipal Code prohibiting medical marijuana businesses from operating in the City of Chula Vista.Chapter 5.66 did not address recreational marijuana businesses,as recreational marijuana businesses were prohibited in California at that time. As the City Council is aware,California voters approved Proposition 64 in November 2016,which de- criminalizes personal,recreational use of marijuana for individuals over 21 years of age in limited circumstances.Proposition 64 also directs the state of California to promulgate regulations for a wide-range of commercial recreational marijuana activities and to begin issuing licenses for such activities beginning in January 2018.It is anticipated that the regulation and licensing of recreational marijuana businesses will be similar in many ways to the licensing and regulation of medical marijuana businesses outlined in the Medical Marijuana Regulation and Safety Act;medical marijuana business licenses are also scheduled to be issued in January 2018.Given the rapid legislative changes in this area and marijuana’s status under federal law,California State authorities are currently in the midst of drafting and finalizing all commercial marijuana rules and regulations, both recreational and medical, in anticipation of the 2018 state law deadlines. While both Proposition 64 and the Medical Marijuana Regulation and Safety Act expand state law to allow and regulate certain types of marijuana activity,each also explicitly preserves local government control over land use and zoning principals in accordance with the California Constitution.In practical terms,this means that municipalities may still choose whether to allow or prohibit commercial recreational and medical marijuana businesses in their respective jurisdictions.It should be noted that local governments are preempted from interfering with certain personal uses of marijuana. Staff recommends that the City of Chula Vista amend its current marijuana ordinance to more closely track the definitions outlined in both Proposition 64 and the Medical Marijuana Regulation and Safety Act,and to address the operation of both recreational and medical marijuana businesses in the City of Chula Vista. The proposed amendments contained in the attached ordinance would do just that. The proposed ordinance would amend Chula Vista Municipal code chapter 5.66 to specify that it applies to all commercial marijuana activity identified in Proposition 64 and the Medical Marijuana Regulation and Safety Act.The changes to chapter 5.66 include new definitions that mirror the definitions contained in newly passed state laws.Using such definitions willstreamlineCityofChulaVistaPrintedon4/20/2017Page2of5 powered by Legistar™ File#:17-0139, Item#: 8. definitions contained in newly passed state laws.Using such definitions will streamline understanding of the regulations and ensure that they encompass all identified commercial activities outlined in state marijuana laws.The proposed changes also reflect the fact that civil and criminal remedies include injunction actions. Amending the CVMC to Increase the Maximum Daily Civil Penalty to $2,500 Despite a mixture of successes and frustrations,City staff remain committed to enforcement efforts against marijuana businesses that operate in violation of local law.As part of its enforcement tool box,the City Council previously asked City staff to examine whether the City could lawfully increase the amount of civil penalties that could be assessed per day per violation.City staff have examined this issue and determined that such increase is lawful.Although general law cities are limited to maximum civil penalties of $1,000 per day under California Government Code section 36901,as a charter city,the City of Chula Vista may enact an ordinance that provides for penalties in excess of 1,000 so long as such penalties do not exceed any maximum limits set in its charter.(County of Los Angeles v.City of Los Angeles [1963]219 Cal.App.2d 838,844.)Accordingly,staff recommend that CVMC section 1.41.110 be amended to increase the amount of civil penalties that may be assessed against responsible persons for violations of the municipal code.The proposed increase from a maximum of $1,000 per violation per day to $2,500 per violation per day increases the range of allowable administrative civil penalties and is intended to encourage further compliance with the Municipal Code in appropriate cases.An increased range of allowable administrative penalties may be particularly helpful in enforcement efforts against unlawful marijuana dispensaries,as such dispensaries have been estimated to bring in profits of thousands of dollars per day. Amending the City’s Social Host Ordinance to Add Marijuana Finally,following up on an inquiry by Councilmember Diaz and with the support of both the Institute for Public Strategies and the San Diego County Marijuana Prevention Initiative,staff recommends amending Chapter 9.14 to address concerns over the increased availability of marijuana to minors. The proposed amendments to Chapter 9.14 would require persons to take reasonable steps to prevent the consumption of marijuana and controlled substances by minors at private gatherings on their property.Chapter 9.14,commonly known as a “social host ordinance”,was originally adopted by the City Council in 2007 to reduce opportunities for minors to access and consume alcohol at private gatherings.As adults over 21 years of age may now legally consume marijuana in certain circumstances,there is an increased risk that minors may also have access to and consume marijuana at private gatherings.Recent medical research indicates that marijuana affects the both the functioning and development of adolescent brains.Accordingly,staff recommends that the City amend Chapter 9.14 to add marijuana and controlled substances to the City’s existing social host ordinance. Looking Forward; Next Steps Beyond the changes contained in this proposed ordinance,staff remain dedicated to pursuing additional avenues of enforcement and regulation as we continue to address marijuana’s impact on our community. City staff have been and currently are working on the following efforts: 1)Engagement with Commercial Property Owners:The City Attorney’s Office and Development Services Division are coordinating on an effort to inform commercial property owners of their responsibilities and liabilities in renting to marijuana businesses in the City of Chula Vista. 2)Expanded Enforcement:The City Attorney’s Office is preparing a report that will identify and assess the systems,staffing,and funding requirements necessary to facilitate criminal prosecution of municipal code violations.This will be presented to the Council for input intheCityofChulaVistaPrintedon4/20/2017Page3of5 powered by Legistar™ File#:17-0139, Item#: 8. prosecution of municipal code violations.This will be presented to the Council for input in the near future. 3)Delivery Regulations:The City Attorney’s Office,Development Services Division,Finance Department,and Police Department have been coordinating to discuss and draft proposed local marijuana delivery regulations that will incorporate forthcoming state delivery regulation and licensing protocols.Staff anticipates that the outline for possible delivery regulations will be presented for input to City Council at the end of this summer or in early fall. Staff understands and anticipates that the City’s position regarding marijuana activity will be debated and assessed in the coming year.Prudent civil discourse is warranted,and careful assessment of state and possibly federal regulations promulgated in the coming months is critical to an informed and responsible position on this issue.The amendments contained in this agenda item,however,are intended to preserve and clarify the status quo in the City of Chula Vista pending a clearer understanding of both state and federal regulations,as well as the City’s position on this issue.These amendments will not prevent the City,after careful consideration of the advantages and disadvantages of permitting or prohibiting commercial marijuana activity,from adopting future ordinances that alter or adjust the current status quo.In the interim,staff recommend that the City adopt this proposed ordinance to clarify the City’s current position on commercial marijuana activity, enhance the City’s enforcement capacity against those who violate our municipal code,and extend the City’s social host ordinance to include marijuana and other controlled substances. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.Gov't Code §87100, et seq.). Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The amendments in this proposed ordinance support the City’s Operational Excellence,Healthy Community,and Strong and Secure Neighborhoods goals,as they provide clarity regarding prohibited commercial marijuana activity,allow for more effective enforcement of the City’s Municipal Code provisions,and enhance accountability in preventing minors from accessing marijuana and other controlled substances at private gatherings. CURRENT YEAR FISCAL IMPACT The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no current year fiscal impact to the City. ONGOING FISCAL IMPACT The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no ongoing City of Chula Vista Printed on 4/20/2017Page4of5 powered by Legistar™ File#:17-0139, Item#: 8. The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no ongoing fiscal impact to the City. ATTACHMENTS 1.CVMC 1.41.110 with strikeout underline text 2.CVMC 5.66 with strikeout underline text 3.CVMC 9.14 with strikeout underline text Staff Contact: Glen Googins; Megan McClurg City of Chula Vista Printed on 4/20/2017Page5of5 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@380572F0\@BCL@380572F0.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED; AND AMENDING CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may make and enforce within its limits all police, sanitary and other ordinances and regulations not in conflict with general law; and WHEREAS, with respect to changes to Chula Vista Municipal Code chapter 5.66, in 1970 the United States Congress enacted the Controlled Substances Act (“CSA”), which among other things makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and WHEREAS, California Health and Safety Code section 11362.5, the Compassionate Use Act of 1996 (“CUA”), adopted by the voters of the State of California, authorizes a limited defense to criminal charges for the use, possession or cultivation of marijuana for medical purposes under limited, specified circumstances; and WHEREAS, Health and Safety Code Section 11362.7, et seq., the Medical Marijuana Program Act (“MMPA”) was adopted by the state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996, and section 11362.83 specifically authorizes cities and other governing bodies to adopt and enforce rules and regulations related to medical marijuana; and WHEREAS, the United States Supreme Court has twice found that the Compassionate Use Act does not preempt or supersede federal drug laws in Gonzalez v. Raich (2005) and United States v. Oakland Cannabis Buyers Cooperative (2001); and WHEREAS, Chula Vista Municipal Code chapter 5.66 currently prohibits medical marijuana dispensaries and cultivation in the City of Chula Vista; and WHEREAS, the California Supreme Court held in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) that cities have the authority to ban medical marijuana uses within their boundaries and prohibit any use that constitutes a violation of state or federal law; and Ordinance Page 2 WHEREAS, California appellate courts in Maral v. City of Live Oak (2013) and Kirby v. County of Fresno (2015) have found that cities have the authority to ban medical marijuana cultivation in within their boundaries; and WHEREAS, on October 9, 2015, Governor Brown signed three bills into law (AB 266, AB 243, and SB 643( which collectively are known as the Medical Marijuana Regulation and Safety Act (“MMRSA”), which set up dual local-state licensing and regulation of commercial medical marijuana activities and allow cities to completely prohibit such commercial medical marijuana activities; and WHEREAS, on November 8, 2016, voters of the State of California passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which authorizes recreational personal use of recreational marijuana in limited circumstances, directs state agencies to license and regulate commercial recreational marijuana activities, and in Business and Professions Code section 26200, allows cities to completely prohibit such commercial recreational marijuana activities; and WHEREAS, the Chula Vista City Council finds that commercial marijuana activities, both medical and recreational, can adversely affect the health, safety, and well-being of City residents and that it is proper and necessary to avoid the risks of criminal activity, access to minors, degradation of the natural environment, offensive odors, indoor fire hazards, and their resulting harmful effects on businesses, property owners, and residents of the City; and WHEREAS, with respect to changes to Chula Vista Municipal Code section 1.41.110, unlawful marijuana dispensaries have continued to operate in violation of Chula Vista Municipal Code section 5.66.020 despite administrative enforcement, the assessment of civil penalties of up to $1,000 per violation per day, and the commencement of civil litigation; and WHEREAS, Chula Vista Municipal Code section 1.41.110(C) currently caps the amount of civil penalties that can be assessed per violation per day at $1,000; and WHEREAS, under California Government Code section 36901, cities governed by general laws are limited to fines not exceeding $1,000 per day for violations of ordinances, charter cities may enact ordinances that provide for different penalties so long as such penalties do not exceed any maximum limits set by their charters (Los Angeles County v. City of Los Angeles, 219 Cal.App.2d 838, 844); and WHEREAS, the amount and duration of any civil penalties imposed remains limited by constitutional excessive fines clauses regardless of the maximum allowable penalty amount specified in the City’s ordinance; and WHEREAS, it is in the best interests of the City to amend the Chula Vista Municipal Code to permit penalties of up to of $2,500 when warranted; and Ordinance Page 3 WHEREAS, with respect to the changes to Chula Vista Municipal Code chapter 9.41, the Chula Vista City Council passed Ordinance 3066 in 2007 adopting Chula Vista Municipal Code chapter 9.14, which requires persons to take reasonable steps to prevent the consumption of alcohol by minors at parties, gatherings, or events on private property; and WHEREAS, the consumption of marijuana or other controlled substances by underage persons is also harmful to the underage persons and a threat to public health, safety, quiet enjoyment of residential property and general welfare; and WHEREAS, persons held responsible for abetting or tolerating gatherings at which underage persons have access to or consume marijuana or other controlled substances will be more likely to properly supervise or stop such conduct at gatherings held on property under their possession or control; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A.Chapter 1, Section 1.41.110(C) of the Chula Vista Municipal Code regarding the assessment of civil penalties is amended to read as follows: 1.41.110 Civil Penalties C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil penalties may be assessed at a daily rate not to exceed $2,500 per violation per day. Note: [1.41.110 Subsections A, B, and D through G remain unchanged]] B.Chapter 5.66 of the Chula Vista Municipal Code regarding marijuana activities is amended to read as follows: Chapter 5.66 COMMERCIAL MARIJUANA ACTIVITY Sections: 5.66.010 Definitions. 5.66.020 Commercial marijuana activity prohibited. 5.66.030 Provision for delivery services. 5.66.040 Public nuisance – penalties. 5.66.010 Definitions. Commercial marijuana activity" includes cultivation, possession, manufacture, processing, storing, testing, labeling, transporting, distribution, delivery, dispensing, and/or the sale of marijuana or marijuana product, whether for medical or recreational purpose, except as set forth in California Business and Professions Code Section 19319, related to qualifying patients and primary caregivers. Ordinance Page 4 Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, and any and all associated business and/or operational activities, including the production of clones, immature plants, seeds and other agricultural products as described in the definition of “Nursery” below. Delivery" means the commercial transfer of marijuana or marijuana products to or from any location within the jurisdictional limits of the City of Chula Vista, and any and all associated business and/or operational activities, including the use of any technology to arrange for or facilitate the commercial transfer of cannabis to or from any location within the jurisdictional limits of the City of Chula Vista. Dispensing” means providing, selling, making available or otherwise distributing marijuana or marijuana products from any facility or location, whether fixed or mobile. Distribution" means the procurement, sale, and transport of marijuana and marijuana products. Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product. Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Marijuana product” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana. Processing” means any method used to prepare marijuana and/or marijuana products for commercial retail and/or wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to create marijuana related products and concentrates. Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased. 5.66.020 Commercial marijuana activity prohibited. A. Commercial marijuana activity is prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate, perform, participate in or locate a commercial marijuana activity in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of commercial marijuana activity in the City of Chula Vista. Ordinance Page 5 B. This chapter does not apply where preempted by state or federal law. 5.66.030 Provision for delivery services. Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from a dispensary licensed in accordance with California Business and Professions Code section 19334(a)(1) is permitted, so long as the delivery originates from a licensed dispensary outside the City of Chula Vista, and is conducted in accordance with all codified and administrative state and local regulations. 5.66.040 Public nuisance – Penalties. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is hereby declared, a public nuisance, which may be abated by the City pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal remedies, including but not limited to injunctive relief, except to the extent expressly and validly preempted by state or federal law. C.Chapter 9.14 of the municipal code regarding consumption of alcohol by minors is amended to read as follows: Chapter 9.14 ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE CONSUMPTION BY MINORS Sections: 9.14.010 Purpose and intent. 9.14.020 Definitions. 9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors prohibited in public place, place open to public, or place not open to public. 9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consume alcoholic beverages, marijuana, or other controlled substances prohibited. 9.14.050 Mandatory minimum fines. 9.14.060 Reservation of legal options. 9.14.070 Local authority. 9.14.010 Purpose and intent. The City Council finds and declares as follows: A. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents. B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare. Ordinance Page 6 C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages, marijuana, or other controlled substances by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by minors at these gatherings. E. The ability of police officers to control gatherings on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this municipal code. G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general welfare of people and premises in the City, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol, marijuana, or other controlled substances by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or other controlled substances through criminal, civil, administrative, and other penalties as allowed by State and local law. (Ord. 3066 § 1, 2007). 9.14.020 Definitions. For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply: Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription. Gathering” is a party, gathering, or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity. Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. Ordinance Page 7 Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. For purposes of this chapter, marijuana also means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. Minor” means any person under 21 years of age. Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. Premises” means any residence or other private property, place, or premises, including any commercial or business premises. Response costs” are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of CVMC 9.14.030 and 9.14.040. (Ord. 3066 § 1, 2007). 9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor prohibited in public place, place open to public, or place not open to public. Except as permitted by State law, it is unlawful for any minor to: A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other controlled substance; or B. Consume at any place not open to the public any marijuana or other controlled substance; or C. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 3066 § 1, 2007). 9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consume alcoholic beverages, marijuana, or other controlled substances prohibited. A. Imposition of Duty and Violation. 1. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by any minor at the gathering. Reasonable steps are prohibiting controlled substances at the gathering; controlling access to alcoholic beverages and marijuana at the gathering; controlling the Ordinance Page 8 quantity of alcoholic beverages and marijuana present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages or marijuana while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, marijuana, or other controlled substance, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana, or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana, or other controlled substance had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, or other controlled substance by a minor as set forth in subsection (A)(1) above. B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution. C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. (Ord. 3066 1, 2007). Note: [9.14.050 through 9.14.070 remain unchanged]] Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication Ordinance Page 9 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 Glen R. Googins Glen R. Googins City Attorney City Attorney Chula Vista Municipal Code Page 1/2 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. 1.41.110 Civil penalties. A. The council finds that there is a need for alternative methods of enforcement of the Chula Vista Municipal Code and applicable state codes. The council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the municipal code or applicable codes. B. Civil penalties may be assessed against a responsible party for continued violations of the municipal code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws. The director may issue a notice and order to the responsible party assessing a civil penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to CVMC 1.41.140. C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil penalties may be assessed at a daily rate not to exceed $2,51,000 per violation per day per tax assessor’s parcel number in the case of unimproved real property or per each structure against which violations have existed on a single tax assessor’s parcel number for any related series of violations.. D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a permit shall be based on an estimate by the director of grading work performed. The rate of civil penalties shall be as follows: 1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under CVMC 15.04.150: $1,000 per violation; 2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation; 3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation; 4. Over 1,001 cubic yards: $25,000 per violation; 5. In the event any individual, firm, company, developer or property owner causes a second violation of the land grading permit ordinance, either on the same property or different property and whether or not part of the same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of civil penalties shall be multiplied by a factor of four. E. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the director. In determining the amount to be imposed on a daily rate, the director shall consider the following factors: 1. Duration of the violation; 2. Frequency or occurrence of the violation; 3. Frequency or occurrence of other violations during the period of accrual; 4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety; 5. History of the violations; 6. Activity taken by the responsible party to obstruct or interfere with correction of the problem; 7. Good faith or bad faith efforts by the responsible party to comply; 8. The impact of the violation on the surrounding property and community; 9. The financial ability of the responsible party to have corrected the violation in a timely fashion. Chula Vista Municipal Code Page 2/2 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. F. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues: 1. Whether the responsible party maintained a use or condition on real property that violated the municipal code or state law on the dates specified; and 2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (E) of this section. The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under subsection (E) of this section. G. The director shall issue a final order based on the proceedings under subsection (E) of this section and establish a date for payment, following which date an enforcement lien shall be imposed upon the property. The imposition of an enforcement lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this section. (Ord. 3377 § 1, 2016; Ord. 2718 § 3, 1998). Chula Vista Municipal Code Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES Page 1/2 The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016. Chapter 5.66 COMMERCIAL MARIJUANA ACTIVITYMEDICAL MARIJUANA DISPENSARIES Sections: 5.66.010 Definitions. 5.66.020 Commercial marijuana activity Operation of medical marijuana dispensaries prohibited. 5.66.030 Provision for delivery services.Repealed. 5.66.040 Public nuisance – Penalties. 5.66.010 Definitions. Commercial marijuana activity" includes cultivation, possession, manufacture, processing, storing, testing, labeling, transporting, distribution, delivery, dispensing, and/or the sale of marijuana or marijuana product, whether for medical or recreational purpose, except as set forth in California Business and Professions Code Section 19319, related to qualifying patients and primary caregivers. Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, and any and all associated business and/or operational activities, including the production of clones, immature plants, seeds and other agricultural products as described in the definition of “Nursery” below. Delivery" means the commercial transfer of marijuana or marijuana products to or from any location within the jurisdictional limits of the City of Chula Vista, and any and all associated business and/or operational activities, including the use of any technology to arrange for or facilitate the commercial transfer of cannabis to or from any location within the jurisdictional limits of the City of Chula Vista. Dispensing” means providing, selling, making available or otherwise distributing marijuana or marijuana products from any facility or location, whether fixed or mobile. Distribution" means the procurement, sale, and transport of marijuana and marijuana products. Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product. Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Marijuana product” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana. Processing” means any method used to prepare marijuana and/or marijuana products for commercial retail and/or wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to create marijuana related products and concentrates. Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.“Medical marijuana dispensary” is any fixed facility or location where, under the purported authority of California Health and Safety Code Section 11362.5 et seq. or otherwise, marijuana is cultivated, made available, sold, transmitted, distributed, given or otherwise provided to, by, or among three or more persons for medical purposes. Chula Vista Municipal Code Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES Page 2/2 The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016. Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code. 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code. 3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code. 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. 5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. Persons” shall include any individual or entity regardless of status as a qualified patient or primary caregiver. Primary caregiver” shall be defined in the same manner as such term is defined in California Health and Safety Code Section 11362.5. Qualified patient” shall be defined as any individual who obtains and uses marijuana for medical purposes upon the recommendation of a physician. (Ord. 3204 § 2, 2011). 5.66.020 Commercial marijuana activityOperation of medical marijuana dispensaries prohibited. A. Commercial marijuana activityThe operation of a medical marijuana dispensary, as defined in this chapter, is prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate, perform, participate in or locate a commercial marijuana activity medical marijuana dispensary in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensarycommercial marijuana activity in the City of Chula Vista. B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011). 5.66.030 Violation – Penalty.Provision for delivery services. Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from a dispensary licensed in accordance with California Business and Professions Code section 19334(a)(1) is permitted, so long as the delivery originates from a licensed dispensary outside the City of Chula Vista, and is conducted in accordance with all codified and administrative state and local regulations.Repealed by Ord. 3377 § 1, 2016. (Ord. 3204 § 2, 2011). 5.66.040 Public nuisance – Penalties. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is hereby declared, a public nuisance, which may be abated by the City pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal remedies, including but not limited to injunctive relief, except to the extent expressly and validly preempted by state or federal law. (Ord. 3377 § 1, 2016; Ord. 3204 § 2, 2011). Chula Vista Municipal Code Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS Page 1/3 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chapter 9.14 ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE CONSUMPTION BY MINORS Sections: 9.14.010 Purpose and intent. 9.14.020 Definitions. 9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors prohibited in public place, place open to public, or place not open to public. 9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consumeing alcoholic beverages, marijuana, or other controlled substances prohibited. 9.14.050 Mandatory minimum fines. 9.14.060 Reservation of legal options. 9.14.070 Local authority. 9.14.010 Purpose and intent. The City Council finds and declares as follows: A. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents. B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors, who are under the legal age to consume alcohol in the State of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare. C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at gatherings held at private residences or other private property, places, or premises, including rented commercial premises, which are under the control of a person who knows or should know of the consumption of alcoholic beverages, marijuana, or other controlled substances by minors. D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by minors at these gatherings. E. The ability of police officers to control gatherings on private property where alcoholic beverages, marijuana, or other controlled substances are consumed by minors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public. F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this municipal code. G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general welfare of people and premises in the City, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption of alcohol, marijuana, or other controlled substances by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits, or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or other controlled substances through criminal, civil, administrative, and other penalties as allowed by State and local law. Ord. 3066 § 1, 2007). 9.14.020 Definitions. For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply: Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Chula Vista Municipal Code Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS Page 2/3 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled Substances Act. Such term does not include any drug or substance for which the individual found to have consumed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription. Gathering” is a party, gathering, or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity. Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. For purposes of this chapter, marijuana also means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. Minor” means any person under 21 years of age. Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. Premises” means any residence or other private property, place, or premises, including any commercial or business premises. Response costs” are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of CVMC 9.14.030 and 9.14.040. Ord. 3066 § 1, 2007). 9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor prohibited in public place, place open to public, or place not open to public. Except as permitted by State law, it is unlawful for any minor to: A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other controlled substance; or B. Consume at any place not open to the public any marijuana or other controlled substance; or C. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 3066 § 1, 2007). 9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consuming consume alcoholic beverages, marijuana, or other controlled substances prohibited. A. Imposition of Duty and Violation. 1. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages, Chula Vista Municipal Code Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS Page 3/3 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. marijuana, or other controlled substances by any minor at the gathering. Reasonable steps are prohibiting controlled substances at the gathering; controlling access to alcoholic beverages and marijuana at the gathering; controlling the quantity of alcoholic beverages and marijuana present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages or marijuana while at the gathering; and supervising the activities of minors at the gathering. 2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, marijuana, or other controlled substance, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage, marijuana, or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, marijuana, or other controlled substance had the person taken all reasonable steps to prevent the consumption of an alcoholic beveragebeverage, marijuana, or other controlled substance by a minor as set forth in subsection (A)(1) of this section. B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution. C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. (Ord. 3066 § 1, 2007). 9.14.050 Mandatory minimum fines. Criminal violations of CVMC 9.14.030 and 9.14.040 shall be punishable, on a first offense, by a mandatory minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a mandatory minimum fine of $200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the municipal code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000 per incident, as allowed by CVMC 9.14.060. The administrative fine shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. (Ord. 3066 § 1, 2007). 9.14.060 Reservation of legal options. Violations of CVMC 9.14.030 and 9.14.040 may be prosecuted by the City of Chula Vista, in the name of the people of the State of California, criminally, civilly, and/or administratively as provided by the municipal code. The City of Chula Vista may seek administrative fees and response costs associated with enforcement of CVMC 9.14.030 and 9.14.040, through all remedies or procedures provided by statute, ordinance, or law. CVMC 9.14.030 and 9.14.040 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by CVMC 9.14.030 and 9.14.040, nor shall they limit the City of Chula Vista’s or the people of the State of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of CVMC 9.14.030 or 9.14.040. (Ord. 3066 § 1, 2007). 9.14.070 Local authority. CVMC 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by State or federal law. (Ord. 3066 1, 2007). City of Chula Vista Staff Report File#:17-0153, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING CITY POLICIES REGARDING IMMIGRATION ENFORCEMENT,APPROVING A PROGRAM FOR BETTER COMMUNICATION OF CITY POLICIES AND SERVICES TO THE CITY’S IMMIGRANT COMMUNITY,JOINING THE “WELCOMING AMERICA”NETWORK,AND DIRECTING STAFF TO TRACK AND PROVIDE THE CITY COUNCIL WITH OPPORTUNITIES TO ACTIVELY SUPPORT OR OPPOSE LAWS TO ADVANCE CITY INTERESTS AND POLICIES ON IMMIGRATION ENFORCEMENT RECOMMENDED ACTION Council adopt the resolution. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING CITY POLICIES REGARDING IMMIGRATION ENFORCEMENT, APPROVING A PROGRAM FOR BETTER COMMUNICATION OF CITY POLICIES AND SERVICES TO THE CITY’S IMMIGRANT COMMUNITY, JOINING THE “WELCOMING AMERICA” NETWORK, AND DIRECTING STAFF TO TRACK AND PROVIDE THE CITY COUNCIL WITH OPPORTUNITIES TO ACTIVELY SUPPORT OR OPPOSE LAWS TO ADVANCE CITY INTERESTS AND POLICIES ON IMMIGRATION ENFORCEMENT WHEREAS, in recent months federal authorities have proposed, and taken, various actions to more strictly and actively enforce immigration laws; WHEREAS, such actions have raised questions and fears within the Chula Vista community regarding the City’s policies on immigration enforcement and immigration status; WHEREAS, at the April 4th City Council meeting, following (1) a detailed report by staff on these subjects, including a summary of City options in this area, (2) extensive testimony and input from the community regarding same, and (3) deliberations amongst Councilmembers, Mayor Casillas Salas outlined a seven-point proposal for City Council consideration; WHEREAS, the City Council voted 5-0 to direct staff to prepare and bring back a City Council Resolution consistent with the Mayor’s seven-point proposal for consideration by the City Council at its April 25th Council Meeting; WHEREAS, this Resolution implements that direction. NOW, THEREFORE, the City Council of the City of Chula Vista hereby resolves as follows: 1. Consistent with the principles outlined in the Chula Vista Policy Department CVPD”) Mission Statement, and in Policy 428 of the CVPD Policy Manual, it is the official policy of the City of Chula Vista (“City”) that all residents of the City, regardless of their immigration status, shall be entitled to equal enforcement of the law and equal service, and that all shall be treated with fairness, respect and dignity. 2. It is the official policy of the City that CVPD contacts and arrests shall not be based on race, ethnicity, gender, sexual orientation, religion, socioeconomic or immigration status. 3. It is the official policy of the City that the CVPD shall not enforce immigration laws. 4. It is the official policy of the City that it is the responsibility of the federal government to enforce immigration laws. 5. City staff is authorized and directed to develop and implement a program to better communicate the official City policies set forth above to the public, and to better connect City residents in need with available immigration services and City services. 6. City staff is authorized and directed to join the “Welcoming America” network to demonstrate that the City values its immigrant and refugee residents and to help them to become a vital part of our economic and civic society. 7. City staff is authorized and directed to track and report back to the City Council on federal and state legislation that impacts City interests and policies on immigration enforcement, particularly local control of policing policies, protection of constitutional rights, and availability of funding, with an opportunity for the City Council to actively support or oppose same. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney City of Chula Vista Staff Report File#:17-0116, Item#: 7. REPORT REGARDING CURRENT CITY POLICIES ON IMMIGRATION ENFORCEMENT,THE STATE OF THE LAW SURROUNDING SANCTUARY CITIES,CITY COUNCIL OPTIONS IN THESE AREAS AND RELATED MATTERS RECOMMENDED ACTION Review staff’s report,take public testimony,and provide direction to staff on what,if any,additional action is desired. SUMMARY In recent months federal authorities have proposed,and taken,various actions to more strictly and actively enforce federal immigration laws.In response,out of an expressed concern for how such actions would adversely affect their local populations,some states and cities have taken actions to oppose and/or blunt these efforts.Such state and local actions have taken various forms,ranging from symbolic declarations of “sanctuary”to actual policy changes limiting or prohibiting cooperation with federal immigration authorities.In a counter-response,a number of federal officials have proposed measures that would disqualify “sanctuary”jurisdictions from receiving various types of federal funding. Here locally,community activists and residents,including City Councilmembers,have also expressed concerns regarding stepped up federal immigration enforcement.Questions have been posed about the impacts of pending legislation,the City’s own policies on enforcement,what it means to be a sanctuary city,”or a “welcoming city,”and what authority and options the City may have in the area of immigration enforcement. Following public testimony at the January 10th City Council Meeting,the Mayor and Council referred this matter to staff for an analysis and a report.This item presents that report.The full report is presented in the “DISCUSSION”section,below.An executive summary of current City policies on immigration status and enforcement is presented here for your convenience: Current City Policies Regarding Immigration Status and Enforcement As a matter of policy and/or practice,City staff does not inquire about immigration status in its interactions with Chula Vista residents or the public or in its provision of City services.This includes interactions between residents and the Chula Vista Police Department (CVPD).For example,the CVPD does not inquire regarding the immigration status of anyone calling for police assistance, anyone acting as a witness to a crime,or anyone who is arrested.The CVPD also does not engage in any form of enforcement of federal immigration laws.These policies are set forth in the CVPD Policy Manual and are an integral part of CVPD’s community policing philosophy.Because CVPD transfers arrestees into County operated jails,the County Sherriff-not CVPD-administers terms of their detainment and responds to requests for detainer from federal authorities.The CVPD does currently cooperate with federal authorities regarding enforcement of federal criminal laws that are unrelated to immigration.CVPD views this cooperative relationship as an integral part of its ability to City of Chula Vista Printed on 4/14/2017Page1of18 powered by Legistar™ File#:17-0116, Item#: 7. unrelated to immigration.CVPD views this cooperative relationship as an integral part of its ability to address crime and disorder within the community. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. Environmental Determination The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION A.Background Proposed changes in immigration policy and stepped up enforcement of existing immigration laws under President Trump have resulted in many undocumented individuals fearing arrest and deportation.In an attempt to allay these fears,a number of state and local governments have opposed these efforts and/or adopted what are commonly known as “sanctuary”policies. Representatives from ACCE,the Alliance of Californians for Community Empowerment Action,have addressed the City Council asking the Council to consider declaring Chula Vista a “sanctuary city.” Representatives of the American Civil Liberties Union (ACLU)have also met with Council Members and City staff individually to voice concerns and learn about the City’s policies.In response,the City Council has asked staff for more information, and an analysis of City Council options. One of the interesting-and challenging-aspects of this discussion is that there is no universal understanding of what it means to be a “sanctuary” jurisdiction. Among policy makers and commentators,the “sanctuary”designation appears to be most commonly associated with a state,county or city that chooses,in varying degrees,not to cooperate with federal efforts to enforce federal immigration laws.Typical forms of non-cooperation include: prohibiting local law enforcement officers’involvement in enforcing immigration laws;refusing federal requests to further detain an inmate believed to be in violation of federal immigration laws;or declining to notify federal authorities of such an inmate’s impending release from custody.Such state and local actions are frequently,but not always,accompanied by some form of declaration of sanctuary” status. Many in the public appear to define the term “sanctuary”more literally,to mean a place where non-legal immigrants are actually protected from detection or arrest by the local government,or where they are immune from federal prosecution.2 Others view the designation more generally,or City of Chula Vista Printed on 4/14/2017Page2of18 powered by Legistar™ File#:17-0116, Item#: 7. symbolically, as meaning a place where they are “safe”. Legal definitions for “sanctuary”jurisdictions are starting to be developed,but most of these are still not clear-or consistent.Executive Order 13768 of January 25,2017,for example,defines sanctuary jurisdictions”as those that “willfully refuse to comply with 8 U.S.C.1373.”(This is the law that,among other things,prohibits local jurisdictions from enacting policies that prohibit their sharing of immigration information with federal authorities.)Under this Order,“sanctuary jurisdictions”so- defined would no longer be qualified to receive federal funding.Future legislation and administrative guidelines are expected to refine or expand this definition.3 B.Current City/County Policies In deciding what if anything the City should do more in this area,it is crucial to understand the City’s existing policies.These,along with the County Sheriff’s current policies on how to respond to federal “detainer” requests at County-run jails, are presented below. 1.General Requests for City Services As a matter of law,policy and/or practice,City staff does not inquire about immigration status in its interactions with the public,or in its provision of City services.Examples include:A person obtaining a business license,a building permit,a dog license,a security alarm permit or a library card;A person reserving a gazebo in a City park,signing up to participate in City sponsored events (e.g.,the City’s Community Fun Run),or enrolling in a recreation class;A person requesting a public record or asking a question of City staff regarding interpretation of the City Municipal Code;A person paying a sewer bill,a parking ticket or an overdue library book fine;A person reporting a pothole,a damaged sidewalk or tree,a fire,graffiti in a park,a loose dog,an abandoned house or vehicle,or a possible Code violation;And a person calling for emergency ambulance or fire assistance. 2.Routine Interactions with CVPD Like most law enforcement agencies that embrace community policing,the CVPD focuses on crime and disorder in Chula Vista neighborhoods,not immigration status.Immigration status is not a factor in the receipt or provision of public safety services by the CVPD.Accordingly, no person interacting with any member of the CVPD-as a crime victim or a witness-is asked about immigration status.CVPD officers and civilian staff interact with city residents and visitors daily in a variety of contexts related to providing public safety services:responding to security alarm activations,following up with domestic violence victims,reaching out to homeless individuals to connect them with services,and providing copies of public records at the front counter.Immigration status is not a consideration in any routine or proactive interaction with members of the public. Immigration status is also not an issue,or area of inquiry,in connection with resident participation in Neighborhood Watch programs,citizens’academy,Coffee With-A-Cop,National Night Out,or other CVPD-sponsored events or activities. Formal CVPD policy in this area is set out in the Chula Vista Police Department Policy Manual,Policy 428.This policy states in part:“The Chula Vista Police Department recognizes and values the diversity of the community it serves.It is incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and equal servicetoCityofChulaVistaPrintedon4/14/2017Page3of18 powered by Legistar™ File#:17-0116, Item#: 7. Department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status.Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community….All individuals, regardless of their immigration status,must feel secure that contacting law enforcement will not make them vulnerable to deportation.”Policy 428 is also reflective of the Department’s Mission Statement to treat “all persons with fairness,respect and dignity.”If a CVPD officer were found to violate these policies,after an appropriate investigation and due process,such conduct could lead to disciplinary action or dismissal. 3.Criminal Investigation and Arrest In the criminal investigation and arrest arena,CVPD officer contacts with individuals must be based on reasonable suspicion of criminal activity.Officers may arrest individuals only if they have probable cause to believe the individual has committed a crime.CVPD officer contacts and arrests may not be based on race,ethnicity,gender,sexual orientation,religion,socioeconomic or immigration status.These are requirements of both the U.S.Constitution and CVPD Policy 428. Further,per CVPD policy,no inquiries are made regarding any suspect’s immigration status either pre or post arrest. 4.CVPD does not enforce federal immigration laws CVPD officers do not enforce federal immigration laws.Nor do they participate in operations with any federal law enforcement agency to enforce immigration laws.If members of the public call the CVPD to report suspected immigration violations they are referred to U.S.Immigration and Customs Enforcement (ICE).ICE is the largest investigative agency in the Department of Homeland Security (DHS).ICE is responsible for enforcing federal immigration laws as part of its homeland security mission. Under federal law,there is a voluntary program under in which local police officers can be trained and cross-deputized to act as immigration agents to enforce federal immigration law.The program is commonly known as the “287(g)Program.”The CVPD does not participate in,and has no plans to start participating in this program.Instead CVPD focuses its limited resources on crime for the public safety of the entire community.Police Chief Roxana Kennedy has repeatedly stated in public meetings,press interviews and interactions with members of the community that CVPD’s focus is on the public safety for all city residents and visitors,and not on duplicating the work of federal immigration officials.As of the date of this report CVPD is not aware of any other law enforcement agency in San Diego County participating in the 287(g) Program. 5.Areas where CVPD Does Cooperate with Federal Authorities Like most police agencies,the CVPD does participate in task forces that include federal law enforcement agencies.But these task forces focus on crime,such as drug trafficking, terrorism,human trafficking,organized crime,fugitive apprehension and weapons and currency violations, not civil immigration law. Under CVPD Policy 428,and in practice,CVPD might also respond to requests to provide support from federal law enforcement activities.For example,if a federal law enforcement agency (including ICE)was conducting a raid of a house suspected of illegal activity,CVPDwouldCityofChulaVistaPrintedon4/14/2017Page4of18 powered by Legistar™ File#:17-0116, Item#: 7. agency (including ICE)was conducting a raid of a house suspected of illegal activity,CVPD would typically be notified and asked to provide traffic control or peacekeeping services in the immediate area.In exigent circumstances,assistance for law enforcement officer safety could also be provided. If CVPD resources were available, CVPD would typically respond to this request. 6.The City Jail CVPD uses its jail to “book”and briefly detain individuals arrested by CVPD officers. Booking”involves documenting identifying information,photographing and fingerprinting an arrested party.Fingerprints and photos of all arrestees are shared automatically with other local,state,and federal agencies through a shared data base.CVPD averages six adult bookings into the City jail per day. After booking,male arrestees are taken to the San Diego County Central Jail in downtown San Diego.Female arrestees are taken to Las Colinas Detention and Reentry Facility in Santee. CVPD jail staff does not itself inquire regarding an arrestee’s immigration status,but may become aware of detainers,warrants,or other notifications by ICE that have been entered by ICE into law enforcement databases.Per the City’s jails procedures manual,if this occurs,ICE would be notified.If ICE provides an ICE Detention order,that order is transported with the arrestee to the County Jail. Jail staff: Does not specifically inquire about the immigration status of any arrestee. Does not proactively contact ICE to detain arrestees or for identification purposes. Does not release local arrestees to ICE or Customs and Border Protection,via detainer or any other method.They do,however,release U.S.Marshals’inmates to ICE when so directed by the Marshals Office via ICE Detainer. Does not give consideration to immigration status when determining arrestees to be transported to San Diego County Jail.Arrestees are transferred to County Jail according to CVPD policy and the Jail’s acceptance criteria, regardless of immigration status. Since 2009 the primary use of the City jail has been through a City contract with the U.S. Marshals Service to house individuals charged with federal felony crimes.Under this contract,the jail currently houses only female inmates,averaging 30 daily in 2016.These individuals have been arrested by federal law enforcement officers and are either in criminal pre-trial or trial proceedings in federal court,or they have been convicted and sentenced in federal court and are awaiting assignment to a federal prison.The jail is not used as a detention center for individuals suspected of alleged civil immigration offenses. 7.County Jail Policies Arrestees from every jurisdiction in San Diego County,including Chula Vista,are taken to one of the San Diego County Sheriff’s Department’s intake jails in downtown San Diego,Santee or Vista.The City has no legal control or authority over policies within the County jail system. City of Chula Vista Printed on 4/14/2017Page5of18 powered by Legistar™ File#:17-0116, Item#: 7. Vista.The City has no legal control or authority over policies within the County jail system. Immigrant arrestees are subject to evaluation by ICE agents who work at these jails for possible immigration consequences following release from Sheriff’s custody.Specifically,ICE agents review criminal history,which is tied to fingerprints and identifying information routinely obtained in the booking process.If subject to immigration consequences,including removal proceedings,these inmates are subject to transfer directly from Sheriff’s custody to ICE custody before leaving a County jail.ICE custody could result in transfer to an immigration detention facility or immediate removal from the United States.Sheriff William D.Gore,in a media interview,has stated he believes it is safer for all concerned for ICE agents to take custody of eligible inmates in a secure jail setting rather than have agents seek out individuals after release from jail in public or at private work places and residences, where agents also may encounter additional undocumented individuals. C.Federal Law 1.Current Federal Law/Orders a.Federal Authority Over Immigration Enforcement Well Established The U.S.Federal Government has exclusive jurisdiction over immigration laws and their enforcement within the United States.Congress enacts immigration laws;numerous federal agencies administer and enforce them;and federal courts decide immigration disputes and construe immigration law.Key immigration enforcement agencies are Immigration and Customs Enforcement (ICE)and Customs and Border Protection (CBP).Both are in the Department of Homeland Security (DHS).Key laws include the Immigration and Nationality Act of 1952,the Immigration Reform and Control Act of 1986,and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Historically,states’attempts to regulate immigration,such as taxing individuals upon crossing the border or limiting the number of individuals from certain nations,have failed either because they violate constitutional principles of federal supremacy over immigration,or specific federal laws.More recent state attempts to regulate immigration,by limiting immigrant access to certain public assistance,requiring law enforcement to check immigration status,or requiring the use of E-Verify to prevent employment of unauthorized workers,have been heavily litigated with mixed outcomes. Immigration law has interrelated civil and criminal law aspects.Federal civil laws establish how a citizen of another country legally may enter or remain in the United States on a temporary basis as a student,visitor,or worker.Federal civil laws also establish paths to legal permanent residency or citizenship.Criminal violations,however,may have immigration consequences,affecting an individual’s ability to legally enter or remain in the United States.For instance,a person convicted of a crime of moral turpitude,a drug crime,or a serious felony crime may be denied admission to the United States or may be removed from the United States. Depending on the individual’s legal status and criminal history,removal may be administrative,by immigration officials, or judicial, by order of an immigration judge. Additionally,violations of some immigration laws are felony federal crimes,such as re-entry into the United States without permission after removal,“smuggling”a citizen ofanotherCityofChulaVistaPrintedon4/14/2017Page6of18 powered by Legistar™ File#:17-0116, Item#: 7. as re-entry into the United States without permission after removal,“smuggling”a citizen of another country into the United States without inspection by an immigration official,or immigration document fraud. b.Local Jurisdictions Prohibited from Withholding Immigration Information Title 8,Section 1373 of the United Stated Code is part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.It prohibits state and local governments from having a policy or practice that forbids maintaining or giving to federal authorities information on the immigration status of individuals.Similarly Title 8,Section 1644 of the United States Code states that no state or local government may be prohibited from receiving immigration status information from federal entities.Notably,these laws do not currently mandate cooperation or sharing of information with federal immigration authorities.CVPD policies and practices are currently in compliance with these laws. c.Executive Orders On January 25,2017,President Trump issued Executive Order 13768.Section 2(c),states:“It is the policy of the executive branch to …[e]nsure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except where mandated by law.” Section 9,Sanctuary Jurisdictions,continues:“It is the policy of the executive branch to ensure,to the fullest extent of the law,that a State or a political subdivision of a State,shall comply with 8 U.S.C.1373.Subsection (a)continues:“In furtherance of this policy,the Attorney General and the Secretary (of Homeland Security)in their discretion and to extent consistent with law,shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C.1373 (sanctuary jurisdictions)are not eligible to receive Federal grants,except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.The Secretary has authority to designate,in his discretion and to the extent consistent with law,a jurisdiction as a sanctuary jurisdiction.The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C.1373,or which has in effect a statute,policy or practice that prevents or hinders the enforcement of federal law.” Additionally,Subsection (b)tasks the Secretary of Homeland Security with publishing a weekly report to publicize criminal actions committed by those with unlawful immigration status and jurisdictions that ignored or otherwise failed to honor detainer requests for same. Subsection (c)tasks the Director of the Office of Management and Budget to obtain and provide information on all Federal grant money currently received by sanctuary jurisdictions.Executive Order 13768 specifically excludes grants “deemed necessary for law enforcement purposes”by the Attorney General or Secretary of Homeland Security from the types of grants sanctuary jurisdictions are ineligible to receive.President Trump,through his Attorney General Jeff Sessions or Homeland Security Secretary John Kelly,has not issued guidance in this area. Another relevant example of the exercise of executive authority in this area was initiated by President Barack Obama,through his Attorney General Loretta Lynch.In 2016,thenCityofChulaVistaPrintedon4/14/2017Page7of18 powered by Legistar™ File#:17-0116, Item#: 7. initiated by President Barack Obama,through his Attorney General Loretta Lynch.In 2016,then President Obama used his executive power to require compliance with all applicable federal laws, including 8 U.S.C.1373,for all recipients of criminal justice grants administered by the U.S. Department of Justice.Entities that do not comply with the Order would be ineligible to receive JAG Edward Byrne Justice Assistance Grant Program)grants or SCAAP (State Criminal Alien Assistance Program)grants in FY 17-18.Other consequences could include withholding funding for grants already awarded,ineligibility for future grants and administrative,civil or criminal penalties.(U.S. Department of Justice,Office of Justice Programs (OJP)Guidance Regarding Compliance with 8 U.S.C. §1373, July 7, 2016.) On March 27,2017,Attorney General Jeff Sessions cited this Guidance in issuing a substantively similar policy.He stated the U.S.Department of Justice will require jurisdictions applying for Department grants to certify compliance with 8 U.S.C.1373 as a condition for receiving these grants. d.Defunding Sanctuary Jurisdictions Executive Order 13768 has sparked speculation on whether the Federal Government has the legal authority to defund sanctuary jurisdictions,how and when it would do so, and what funding is at risk.Until implementing laws are enacted or litigation is concluded,it is not possible to provide reliable answers to these questions. What we do know is that as of March 30,2017,the Federal Government has not acted to defund any deemed “sanctuary”jurisdictions.We also know that the State of California,the City and County of San Francisco and Santa Clara County have each challenged Executive Order 13768 in federal court in a “pre-emptive strike.”San Francisco seeks a ruling that,notwithstanding what are considered to be its “sanctuary city”policies,it in fact complies with 8 U.S.C.1373.San Francisco further seeks a finding that this law and the executive order are unconstitutional.Santa Clara filed a similar suit along with an injunction against future enforcement of the executive order to protect federal funding for its hospital and public health department. The argument that the Federal Government may not defund sanctuary jurisdictions relies on the Supreme Court’s “anti-commandeering”decisions under the 10th Amendment of the United States Constitution.Under this doctrine,Congress may not require states to address particular problems or conscript state or local officials to assist in the enforcement of federal programs.(Printz v.United States,a 1997 decision holding that Congress could not require local law enforcement to do background checks on gun buyers until a federal background process was in place.)The counter argument is that there are other Supreme Court decisions finding the anti-commandeering”doctrine does not apply to federal requests for information.Under this argument,Congress may require local police to comply with requests from federal agents to be notified (to provide information) when they have arrested an undocumented immigrant. Another argument that the Federal Government may not defund sanctuary jurisdictions relies on “anti-coercion”decisions by the Supreme Court.(See,for example,National Federation of Independent Businesses (NFIB)v.Sebelius,a 2012 decision on the Affordable Care Act,holding that Congress could not withhold all Medicaid funding if a state refused to expand its Medicaid program.)Under the NFIB decision,it was ruled lawful for Congress to cut off existing funding to states under certain circumstances,such as providing advance notice of conditions tiedtoCityofChulaVistaPrintedon4/14/2017Page8of18 powered by Legistar™ File#:17-0116, Item#: 7. funding to states under certain circumstances,such as providing advance notice of conditions tied to funding so states can decide whether to accept the conditions to obtain funding.Furthermore, conditions imposed must relate to the Federal Government’s objectives in the program.A federal defunding threat may invalidated as “coercive”if the amount the state stands to lose if it does not accept the conditions is substantial enough (e.g.,the dollar amount at stake for noncompliance is at least 20% of the entity’s budget). 2.Proposed Federal Legislation Specifics on defunding sanctuary jurisdictions could be provided in legislation.In the current legislative session,the 115th Congress,federal legislators have introduced three bills protecting funding for sanctuary cities (S.415,H.R.1076,and H.R.748)and four bills stripping sanctuary cities of funding in transportation,infrastructure and other non-law enforcement areas H.R.824,H.R.83,H.R.400,and S.87.)As of March 30,2017,these federal bills have been referred to House and Senate committees, the next step in bill review after introduction. D.California Law 1.Current California Laws Law enforcement officers are subject to the following California laws related to reporting immigration status information and cooperating with detainers,which are federal requests to hold and turn over inmates to immigration authorities: a.Local Laws not Allowed that Prohibit Certain Disclosures to INS Regarding Felony Arrestees in order to maintain Eligibility for Federal law Enforcement Grants California Government Code Section 53069.75,enacted in 1993,provides that no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person,pursuant to federal law or regulation,to whom both of the following apply:(a)the person was arrested and booked,based on the arresting officer’s probable cause to believe that the person arrested had committed a felony;and b)after the arrest and booking in subdivision (a),the officer reasonably suspects that the person arrested has violated the civil provisions of federal immigration laws.The purpose of this law is to assure that the state remains in compliance with federal requirements for grant funding under the Omnibus Control and Safe Streets Act which are mandated by Section 3753 of Title 42 of the United States Code. b.Mandatory Notifications Involving Certain Drug crimes An arresting agency must notify federal immigration officials when there is reason to believe the agency has arrested a non-U.S.citizen for certain drug crimes.Cal.Health & Safety Code Section 11369,enacted 1991.This state law mandate is incorporated into CVPD Policy 428 and followed by CVPD as a matter of policy.Note:Proposed SB 54 (described below),would repeal this provision. City of Chula Vista Printed on 4/14/2017Page9of18 powered by Legistar™ File#:17-0116, Item#: 7. c.Special Rules Regarding “Detainer” Requests A “detainer”request is a request from an authorized immigration officer to keep an arrested individual in custody for up to an additional 48 hours where the immigration officer has reason to believe/indicated that the arrestee has violated a provision of immigration law.8 C.F.R. 287.7.Under current federal law,detainers are “requests”only.In other words,federal law does not mandate that local law enforcement grant such requests. California Government Code Section 7282.5,commonly known as “The Trust Act,”was enacted in 2014.The Trust Act provides that after an individual arrestee otherwise becomes eligible for release from custody,a local law enforcement official has discretion to further detain”that individual on an immigration hold,only if continued detention would not violate any law, and only if the individual has been convicted of serious felony crimes (such as assault,weapons, sexual abuse of a child, drug sales, rape, murder). California Government Code Section 7283,commonly known as “The Truth Act,” was enacted on January 1,2017.The Truth Act provides that a local law enforcement entity that honors a detainer by immigration officials must (1)give the detained individual a consent form stating reason for detainer interview,that the interview is voluntary,and that the individual may choose to be interviewed with his/her attorney present);(2)provide the individual with a copy of the detainer form;(3)notify the individual whether the local entity intends to comply with the detainer;(4) make these documents public records subject to disclosure;and (5)hold annual community meetings to provide information on immigration detainers. Note:How local law enforcement respond to “detainer”requests it at the center of many “sanctuary”debates.These provisions are most relevant to the County Sheriff’s office as they are the local law enforcement agency responsible for responding to immigration agency detainers.” 2.Proposed California Laws: SB 54 As of March 2,2017,there were 25 immigration-related bills pending in the California assembly.Of most interest to the sanctuary jurisdiction discussion is SB 54,introduced by Senate President Kevin de León. SB 54,known as the “California Values Act”,would repeal California Health and Safety Code Section 11369 and prohibit law enforcement officers from using agency resources or personnel for immigration enforcement purposes.The repeal of Code Section 11369 would eliminate the requirement for a local law enforcement agency to notify federal authorities if it had reason to believe the agency had arrested a non-U.S.citizen for certain drug crimes.Law enforcement activities prohibited by SB 54 would also include: asking for an individual’s immigration status, detaining an individual on the basis of a hold request, responding to requests for notification or other information unless that information is available to the public, providing personal information about an individual unless that information is available to the City of Chula Vista Printed on 4/14/2017Page10of18 powered by Legistar™ File#:17-0116, Item#: 7. providing personal information about an individual unless that information is available to the public, making arrests based on civil immigration warrants,allowing federal immigration authorities to interview individuals in state or local custody for immigration purposes unless pursuant to a judicial warrant, performing the functions of an immigration officer, making an agency’s own database available to anyone for federal immigration enforcement, and using federal immigration officers as interpreters. Law enforcement agencies may participate in joint law enforcement task forces as long as the primary purpose is not immigration enforcement,share criminal history in response to requests from federal immigration officials,and detain or transfer an individual for immigration enforcement with a judicial warrant. SB 54 was amended on March 29,2017 and was scheduled for a second reading in the Senate on March 30, when this staff report was finalized. Note:This bill primarily affects county law enforcement agencies that operate jails and state agencies that operate prisons,because these entities regularly handle detainer requests.If enacted,this bill would require all law enforcement entities to carefully review their policies and practices for compliance,particularly regarding complying with ICE requests for notification of arrests. Chartered cities may have an argument against the law,if enacted and if challenged,that it improperly directs a municipal affair such as deployment of a city’s police department in the provision of the city’s public safety services. E.Recent Actions Taken by Other Jurisdictions 1.“Sanctuary City” Declarations and Policies A number of state and local jurisdictions have adopted policies that limit their own jurisdiction’s involvement in federal immigration enforcement efforts.These policies vary widely,but are frequently lumped together as “sanctuary policies.”Jurisdictions that adopt such policies frequently become known as “sanctuary”jurisdictions.This is true even if they themselves do not formally adopt the “sanctuary”designation.Los Angeles Mayor Eric Garcetti,for example,does not use the term “sanctuary city” to describe Los Angeles, because he said the term in unclear. Nationwide,an estimated 300 to 350 state and local government entities in the United States have self-identified or have been identified by their laws and policies as “sanctuary” jurisdictions. Other estimates place the number of sanctuary jurisdictions closer to 600. In California,jurisdictions identified as “sanctuaries”include the State of California reportedly because of the 2014 Trust Act,which limits compliance with federal detainers to specified crimes),18 California counties,and more than 30 California cities.Cities identified as “sanctuary cities”include Los Angeles,Maywood,San Leandro,Santa Clara,Santa Cruz,Oakland,San Francisco, San Jose, Malibu and Santa Ana. City of Chula Vista Printed on 4/14/2017Page11of18 powered by Legistar™ File#:17-0116, Item#: 7. As of March 30,2017,staff does not have information indicating that any of the 18 cities in San Diego County has formally declared itself a “sanctuary city.” Typical policies adopted by “sanctuary cities”fall into one of five categories:(1)the provision of police services without inquiries or regard to immigration status;(2)prohibitions on local immigration enforcement;(3)limits or prohibitions on relationships with federal immigration authorities;(4)limits or refusals to respond to federal immigration detainer or notification requests/obligations;(5)social service,economic and/or legal support/programs for non-legal immigrants. It should be noted that many of these policies are mere affirmations of existing policies considered to be consistent with community policing “best practices.”Most of these policies do not violate existing federal laws. 2.“Welcoming City” Resolutions Welcoming City”resolutions typically do not address illegal immigration or enforcement.Instead,they express a willingness to welcome,and integrate immigrants and refugees into a community. Many “welcoming”cities and counties are members of the national “Welcoming America”network.“Welcoming America”is a non-profit “guided by the principles of inclusion and creating communities that prosper because everyone feels welcome,including immigrants and refugees.”Network members include government organizations and non-profits.Prominent national welcoming”cities in this network include Denver CO,Houston TX,Baltimore MD,Austin TX,Tucson AZ, Richmond VA and Hartford CT. In 2016,Encinitas,Lemon Grove and Solana Beach passed resolutions characterizing themselves as “welcoming cities.”These 2016 resolutions do not address illegal immigration or law enforcement involvement in immigration laws or cooperation with immigration officials.Encinitas,for example,adopted its resolution to affirm participation in the “Building Welcoming Communities Campaign,”part of the White House “Task Force on New Americans”to partner with immigrant immigration efforts.Similarly,Lemon Grove’s resolution supported the White House Task Force on New Americans Welcoming Communities Campaign. Last year,Imperial Beach’s Mayor issued a welcoming city proclamation,but this was later retracted in response to arguments that it lacked community and City Council review.Recently, National City’s “welcoming city”resolution was voted down by a 3-2 vote of the City Council. Opponents argued the city could lose federal funding;others stated the city already supported all residents and visitors,so a resolution was not necessary.Proponents stated only sanctuary jurisdictions,not those that had adopted a “welcoming city”designation,were at risk for loss of federal funding.Proponents also stated that a welcoming city designation would be responsive to voiced concerns. 3.Dis-association with Federal authorities San Francisco has suspended collaboration with the Federal Bureau ofInvestigationsCityofChulaVistaPrintedon4/14/2017Page12of18 powered by Legistar™ File#:17-0116, Item#: 7. San Francisco has suspended collaboration with the Federal Bureau of Investigations on the Joint Terrorism Task Force,a counter terrorism program.San Francisco Police Chief Bill Scott ended the relationship in February in response to community concern over possible increased surveillance of Muslim communities under the Trump administration.Police officials said they would consider renewing a relationship with the FBI after obtaining guidance from its Police Commission. The Santa Ana city council directed staff to reduce detainee capacity and wind down its contract with ICE by 2020 under a lease with ICE for use of the facility as an immigration detention center.In response,in February of 2017,ICE exercised a 90 day early termination provision in the lease.The lease had generated $340,000 per year in revenue;this revenue was used to pay down a portion of Santa Ana’s remaining debt that it had incurred to build the jail it opened in 1997 (estimated at $24,000,000). 4.Funding for immigration attorneys Los Angeles established a $10 million fund to provide legal assistance to immigrants facing removal.L.A.city and county governments were expected to contribute half,with philanthropic groups contributing the rest. The Santa Ana city council has directed its staff to develop a plan to pay for attorneys to represent undocumented residents facing removal. 5.Actions Rejecting Sanctuary City Proposals. Miami-Dade County commissioners recently voted to uphold the Miami-Dade County mayor’s decision to rescind sanctuary policies and to instead cooperate with federal enforcement of immigration laws,to avoid potential loss of federal funding.The Salinas city council also recently voted against adopting a sanctuary city designation. F.Other Stakeholder Actions: 1.Advice from consular offices Consulates in some California cities have issued advisories to citizens of their respective countries to remain in contact with consular offices,to know their rights,to develop a family plan,such as assembling birth certificates and registering U.S.born children of foreign nationals in the parents’ country of origin. 2.Immigration forums Chambers of commerce,Spanish language media,and immigration attorneys have held free public forums to offer immigration advice and assistance in some California cities. 3.Free Internet information The American Civil Liberties Union of San Diego &Imperial Counties has posted free publications on its website:“Deportation Preparedness Kit”and “Know Your Rights with Border Patrol.”The San Diego County Bar Association has posted immigration referral information,linksandCityofChulaVistaPrintedon4/14/2017Page13of18 powered by Legistar™ File#:17-0116, Item#: 7. Patrol.”The San Diego County Bar Association has posted immigration referral information,links and resources on its website. 4.Consumer protection The American Bar Association’s Commission on Immigration has launched a “Fight Notario Fraud”initiative to rein in immigration consultants engaging in the unlicensed practice of law, to the detriment of immigrants seeking legal status. G.City Council Options In responding to community concerns regarding federal immigration enforcement activities within the City,the City Council may consider one or more of the following courses of action.General explanations are provided for each.For proposals that constitute significant changes in existing policy or add courses of action, brief statements of potential benefits and risks are also provided. 1.Better Communicate Existing City Policies to the Public to Allay Community Concerns The City generally,and CVPD in particular,already provide services to the community without regard to immigration status.Official CVPD policies go even further in providing that the Chula Vista Police Department recognizes and values the diversity of the community it serves.It is incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status.Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community.All individuals,regardless of their immigration status,must feel secure that contacting law enforcement will not make them vulnerable to deportation.”[CVPD Policy 428].CVPD does not enforce immigration laws.Nor does it participate in immigration enforcement activities with federal authorities.Chief Kennedy embraces and promotes these policies within the CVPD and in public whenever possible.Although some would identify these as “sanctuary”policies,Chief Kennedy views these policies as consistent with “best practices”for community policing.Many other jurisdictions within significant immigrant populations have similar policies.The Chief of Police and other City leaders will continue to communicate these facts to the public in an effort to allay public concerns.Additional efforts could be made to improve and expand these communications.South Bay Community Services has already offered to assist with this process through its programs and direct lines of communication within Chula Vista’s immigrant community.The City could also engage school districts and other community institutions to assist. 2.Affirm existing City policies with a formal resolution Existing CVPD administrative policies and protocols that protect and do not target non- citizens could be formally adopted by City Council resolution,and thereby made more “official”and permanent.A formal City Council resolution could also help communicate these policies more broadly to all segments of the population to further allay community concerns. 3.Direct staff to Continue to Monitor Federal and State Action and Report Back to Council Significant federal and state actions in the areas of immigration enforcement are still pending or awaiting adjudication.One bill of particular import,commonly referred to as California’sCityofChulaVistaPrintedon4/14/2017Page14of18 powered by Legistar™ File#:17-0116, Item#: 7. pending or awaiting adjudication.One bill of particular import,commonly referred to as California’s sanctuary state”legislation,is SB 54.(See DISCUSSION Section D.2,above.)Action on this bill could occur as early as this April.The bill appears to have broad community support but is being actively opposed by the California Sheriffs Association and the California Peace Officers Association. SB 54 could change the legal landscape in California regarding local law enforcement relationships with federal immigration and make certain local options for action in this area moot or redundant. Appropriate City action,if any,may be clearer and less risky once such matters are resolved.Until SB 54 is settled,and until the Federal government further defines “sanctuary jurisdiction”and provides more clear direction on what federal funding sources may be at risk,changing existing City policies in this area,or making declarations of status,could be pre-mature and present financial risks. City staff could be directed to continue to monitor these activities and report back to the City Council at regular intervals, or as necessary and appropriate. 4.Take additional actions to provide information to the public and connect immigrants with services Efforts are already in the works in the City Attorney’s office and in other departments,to better connect Chula Vista residents in need with immigration resources by describing such resources and providing links on the City website.If the City were to provide such resources itself, new sources of funding would need to be identified. 5.Declare Chula Vista a “Welcoming City” As with “sanctuary city,”there is no single definition for what it means to be a welcoming city.”A “welcoming city”declaration could be symbolic resolution,or could be coupled with changes in city policy,or with additional City programs.The City could also consider joining the Welcoming America”network.This non-profit organization appears to have a substantial membership list of cities,counties and non-profits across the country.It professes to offer learning exchanges on national and international levels and access to government leaders across the nation that are creating immigrant-friendly,welcoming communities.More research would be required if the City Council were interested in pursuing this avenue. Staff is not aware of any current federal or state laws that would reward or punish a City from making a “welcoming city”declaration.However,without a commonly understood definition, such a resolution could create confusion and misunderstanding as to the City’s intent among lawmakers,law enforcement,refugee programs and/or the community.If the resolution is accompanied by policy changes that are commonly associated with declared “sanctuary cities”these would also need to be analyzed for possible additional risks. (See discussion, below.) 6.Formally Declare Chula Vista a “Sanctuary City” The City could opt to formally declare itself a “sanctuary city”.Such a resolution could be “symbolic”with no changes in City policy,or it could be accompanied with actual changes in existing city policies and/or the addition of new City programs designed to aid non-legal immigrants. The benefits of adopting a “sanctuary city”designation would be that it could serve to allay concerns of advocates and immigrants in the community who fear being targeted and deported as a result of stepped up immigration enforcement activities promised by the Trump administration. City of Chula Vista Printed on 4/14/2017Page15of18 powered by Legistar™ File#:17-0116, Item#: 7. as a result of stepped up immigration enforcement activities promised by the Trump administration. The commonly understood definition of “sanctuary” is a place of protection or refuge. One risk of such a declaration is that the City may be communicating something to the community that it in fact cannot deliver.Designation as a “sanctuary”does not prohibit federal authorities from enforcing immigration laws within the borders of a sanctuary jurisdiction.Nor does a sanctuary or welcoming city designation nullify or limit federal immigration law.Arrests and convictions in Chula Vista as a “sanctuary city”won’t prevent immigration officials from enforcing federal immigration laws, with consequences under federal law beyond of the control of City officials. The other major risk of a sanctuary city declaration,with or without actual changes in City policy,is the risk of adverse relationships with the federal government and federal law enforcement.The Trump administration continues to pursue orders and legislation that threaten to defund “sanctuary cities”.While federal authority in this area is not clearly established,and there are defenses,sanctuary cities are being targeted and may face costly legal fights to defend against challenges to their policies and/or defunding.These are fights without guaranteed outcomes.If the City were to pursue this path,additional analysis would be warranted to further analyze the seriousness of the threat and the amount of the City’s federal funding that may be at risk.The CVPD is also concerned that its important relationships with federal law enforcement agencies would be undermined;these relationships or integral to CVPD capacity to address serious crime and disorder within the community. 7.Actively support or oppose federal or state laws to advance City interests and policies on immigration enforcement and communities The City could be more active in supporting or opposing federal or state laws in this area consistent with City-defined interests.Given the City’s existing policies and staffing,it would be appropriate to oppose bills imposing further immigration enforcement requirements on local jurisdictions,mandating cooperation where it was previously optional,or threatening defunding for non-compliant”cities.The City’s current legislative program could be amended to give the Mayor the authority to act on behalf of the City in these or other related areas.(A related item seeking Council support for Immigration Reform is also on the April 4th agenda.) Legal challenges to laws or actions inconsistent with the City’s defined interests could also be joined or initiated.The City Attorney would advise,however,that the costs of such endeavors,either in reallocated City Attorney staff time,or in City funding for outside counsel,could be substantial. Staff Recommendation: It is fully within City Council discretion to take no action,or to refer one or more of above described options back to staff for further analysis,and for presentation back to City Council for its consideration and approval.With respect to any such actions,staff does recommend,however,that 1)prior to formal action staff be given ample opportunity to analyze any risks to federal funding and additional costs involved;and (2)any Council resolution involving a material change in immigration enforcement policy or a declaration of status be accompanied be a statement that Council’s action is not intended to be in violation of federal or state law. City of Chula Vista Printed on 4/14/2017Page16of18 powered by Legistar™ File#:17-0116, Item#: 7. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.This report discusses issues and policies linked to the City’s Economic Vitality and Strong and Secure Neighborhoods. CURRENT YEAR FISCAL IMPACT This report by itself creates no current year fiscal impacts.If the City Council were to choose one or more options outlined in this report that required additional resources,and/or were inconsistent with federal or state laws in ways that jeopardized federal or state funding,a more detailed analysis would be required. The fiscal impact of loss(es) of funding, if any, would likely occur in future years. ONGOING FISCAL IMPACT This report by itself creates no ongoing fiscal impacts.If the City Council were to choose one or more options outlined in this report that required additional resources,and/or were inconsistent with federal or state laws in ways that jeopardized federal or state funding,a more detailed analysis would be required. ATTACHMENTS None Staff Contact:Gary Halbert,City Manager,Roxana Kennedy,Chief of Police and/or Glen Googins, City Attorney City of Chula Vista Printed on 4/14/2017Page17of18 powered by Legistar™ File#:17-0116, Item#: 7. END NOTES Note:While this topic has received renewed attention under the Trump administration,the “sanctuary city”and “sanctuary policies” are not new concepts.The concept of “sanctuary”being offered by local cities and institutions dates back to the Old Testament. Some churches in medieval Europe also served as “sanctuaries”against government arrest.In the modern era,the City of Berkeley declared itself a “refuge”for illegal immigrants back in 1971.In 1979 LAPD adopted “Special Order 40”prohibiting contacts with the public with the objective of discovering immigration status, and arrests for immigration violations. 2 This definition is understandable, but not technically correct, as local jurisdictions do not have the legal authority to prevent federal enforcement of immigration laws within their jurisdictions. See DISCUSSION Section C.1.a, below. 3 The potential legal and other consequences of being known as a “sanctuary city”are more fully discussed in DISCUSSION Sections C.1 and G.7 of this report, below. City of Chula Vista Printed on 4/14/2017Page18of18 powered by Legistar™ City of Chula Vista Staff Report File#:17-0161, Item#: 10. STATUS OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY WATER DISTRICT City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ City of Chula Vista Staff Report File#:17-0152, Item#: 11. A.DISCUSSION AND POSSIBLE ACTION REGARDING HECTOR GASTELUM,INCLUDING CONSIDERATION OF POTENTIALLY CALLING FOR HIS RESIGNATION FROM THE OTAY WATER DISTRICT BOARD AND FORMALLY REQUESTING THE OTAY WATER DISTRICT BOARD REMOVE HIM AS ITS REPRESENTATIVE ON THE CITY’S SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OVERSIGHT BOARD B.DISCUSSION AND POSSIBLE ACTION REGARDING THE REORGANIZATION OF THE CITY’S HUMAN RELATIONS COMMISSION OR THE CREATION OF A SIMILAR COMMISSION City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™ Chapter 2.36 HUMAN RELATIONS COMMISSION* Sections : 2.36.010 Creation. 2.36.020 Purpose and intent. 2.36.030 Functions and duties. 2.36.040 Membership. 2.36.050 Funding. For statutory authority for cities to act on behalf of interracial, interethnic and interreligious peace, see Gov. Code § 50261, et seq. 2.36.010 Creation. There is created a Human Relations Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 10, 2011; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.2). 2.36.020 Purpose and intent. A. It is the purpose and intent of the City Council to redefine and broaden the duties and functions of the Human Relations Commission as an advisory body, to make recommendations and offer advice to the City Council and the City Manager in the improvement and effectiv eness of the interrelations hips between the various racial, religious, ethnic, socioeconomic, age and disabled groups of citizens forming the social body of the City and to advise the City on how it may best proceed in the realization of its stated goal to provide both physical and social answers to the human care needs of said groups and to accomplish, among other things: 1. The development of a mutual understanding and respect among all such groups in the City; 2. The establishment and maintenance of contac ts with groups in the community which are concerned with interracial and intercultural understanding, and to report to the City Council and City Manager regarding the activities of these groups; 3. The promotion of new and improved programs of services to all local citizens in cooperation with peer boards and commis sions as well as the City Manager; 4. The encouragement of citizen participation in local government by providing a forum for discussion so as to avoid recourse to conflict and disorder as a means of resolving The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chula Vista Municipal Code Chapter 2.36 HUMAN RELATION S COMMISSION*Page 1 of 4 community relationship problems; 5. The protection and strengthening of the rights of various racial, religious , ethnic , socioeconomic, age and disabled groups of citizens of Chula Vista to ensure full enjoyment of their constitutional privileges without regard to race, color, creed, national origin, sex or age and the elimination thereby of prejudice, discrimination or bigotry in this community; 6. The advancement of programs to assist senior citizens in the realization and satisfaction of their needs for adequate and decent housing, food, clothing and other social concerns; 7. The strengthening and improvement of programs to stimulate housing for low and moderate income families and individuals ; 8. The encouragement of policies and programs to fully integrate disabled persons into the mainstream of community life in the City. B. It is also intended that the Human Relations Commission will advise the City Council on matters involving Chula Vista public transportation services, relating to operational activities and especially as to how well these services serve the needs of Chula Vista citizens . C. It is the intent of the City Council to create healthy , enlightened attitudes , policies and practices by establishing this Commis sion as an official body, not primarily as an enforcement or audit agency, but as a commission which will conduct careful surveys , advise intelligently , and use the tools of education and motivation to the realization of the objectiv es stated herein, which are the fulfillment of democracy ’s promises and realization of constitutional guarantees . (Ord. 3211 § 10, 2011; Ord. 2543 § 1, 1993; Ord. 1909 § 1, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.1). 2.36.030 Functions and duties. In cooperation with other relevant boards and commissions , the Human Relations Commission shall perform the following duties and functions: A. Foster mutual understanding, respect and good will among all racial, religious, national, ethnic, socioeconomic, age, sex and disabled groups in the City ; B. Enlist the cooperation of the various racial, religious , ethnic , socioeconomic, age, sex and disabled groups , fraternal and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination; C. Study the problems of prejudice, intolerance, bigotry, discrimination and disorder occasioned thereby in all or any fields of human relationship; D. Study , review, analyze and report to the City Council and the City Manager the studies of state and federal agencies, and legislative enactments of state and federal governments, including but The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chula Vista Municipal Code Chapter 2.36 HUMAN RELATION S COMMISSION*Page 2 of 4 not limited to the several civil rights acts of the United States government and the state; E. Work together with City, state and federal agencies in developing programs showing the contributions of the various racial, religious, ethnic, age, sex and disabled groups to the culture and traditions of the City, state and nation; F. Promote the establishment of local community organizations in such neighborhoods as it may be necessary and desirable to carry out programs to lessen tensions or improve group relations in the community ; G. Work with the several boards and commissions and departments of the City toward the improvement of municipal services and community relations, including assistance in the development of housing programs for low and moderate income families and individuals, the full range of programs providing assistance to senior citizens and disabled persons , and actions to eliminate age and sex discrimination; H. Initiate and investigate complaints and initiate its own investigation, after consultation with the City Manager, relative to the actions of City officials or City agencies , except that instances of discrimination within the jurisdiction of any federal or state commission or agency shall be referred to such commission or agency; I. Hold hearings and take testimony of any person under oath or otherwise, relating to any matter under investigation or in question before the Commission; J. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid in eliminating all types of discrimination based on race, creed, national origin, ancestry , age or sex , and secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and advancement in the City government; K. Consider Chula Vista public transportation services , including, but not limited to, route structures ; fares ; vehicles ; interface with all other forms of transit; and bench, bus stop and bus shelter locations; L. Assess Chula Vista public transportation services from the standpoint of Chula Vista residents and keep the City Council informed of the adequacy of service; M. Consider and recommend to the City Council the levels of public transportation services in Chula Vista; N. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no reports or recommendations except through the City Council and the City Manager. (Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.3). The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chula Vista Municipal Code Chapter 2.36 HUMAN RELATION S COMMISSION*Page 3 of 4 2.36.040 Membership. A. The Human Relations Commission shall consist of seven members , to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The members shall be representative of the total social spectrum of the City , specifically chosen to reflect the interests and desires of the various racial, religious, ethnic, socioeconomic, age and disabled groups , as well as a member or members having a close association with the business and civic activities of the City . (Ord. 3211 § 10, 2011). 2.36.050 Funding. In the event that private funds or funds from other governmental agencies are made available for special projects , surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of the Commis sion and approval of the Council, to enter into appropriate contracts for the utilization of such funds in furtherance of the purposes and intent of, and the duties and functions of, the Commis sion. (Ord. 3211 § 10, 2011; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.4). The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chula Vista Municipal Code Chapter 2.36 HUMAN RELATION S COMMISSION*Page 4 of 4 City of Chula Vista Staff Report File#:17-0089, Item#: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) 1) City of Chula Vista v. Lexington Insurance Co. A) United States District Court, Case No. 16cv1105-BTM-BGS; and B) San Diego Superior Court, Case No. 37-2016-45312-CU-BC-CTL 2)John Hess v. Dave Hanneman, United States District Court, Case No.14cv2271CAB(JMA) 3)James Garcia v. City of Chula Vista, San Diego Superior Court, Case No. 37-2015-00016408-CU OE-CTL City of Chula Vista Printed on 4/20/2017Page1of1 powered by Legistar™