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Agenda Packet 2018_02_27
February 27, 2018City Council Agenda CONSENT CALENDAR (Items 1 - 8) 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 November 21, 2017.18-00811.18-0081 Council approve the minutes. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.34 TO TITLE 3 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A ONE- HALF CENT GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION INCLUDING PROVISIONS FOR CITIZENS’ OVERSIGHT AND ACCOUNTABILITY (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 18-00772.18-0077 City Manager Department: 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 ordinance. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARK MASTER PLAN FOR THE 3.6-ACRE P-6 PUBLIC NEIGHBORHOOD PARK, LOCATED IN MILLENIA, AND APPROVING THE PARK NAME “MILLENIA PARK” 17-05323.17-0532 Development Services Department Department: The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no additional environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 2 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 2 February 27, 2018City Council Agenda INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2017 18-00614.18-0061 Finance Department Department: 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 accept the report. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “PALOMAR STREET AND ORANGE AVENUE SIDEWALK IMPROVEMENTS (STL420)” PROJECT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC., IN THE AMOUNT OF $809,284; APPROPRIATING $312,750 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STL420; AND TRANSFERRING $187,250 IN TRANSNET APPROPRIATIONS FROM DRN0206 TO STL420 (4/5 VOTE REQUIRED) 18-00035.18-0003 Engineering Department Department: The Palomar Street and Orange Avenue Sidewalk Improvements Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (Existing Facilities) and Class 3 pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. Additionally, under the National Environmental Policy Act (NEPA) the project is categorically exempt per 24 CFR 58.35(a). Therefore, it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 3 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 3 February 27, 2018City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE “TRAFFIC SIGNAL MODIFICATIONS AT FOUR INTERSECTIONS: FOURTH AVENUE & J STREET, HILLTOP DRIVE & L STREET, THIRD AVENUE & H STREET, AND THIRD AVENUE & I STREET (CIP# TRF0388)” PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $893,565.50; AND APPROPRIATING $260,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO TRF0388 (4/5 VOTE REQUIRED) 17-04846.17-0484 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20 TO PERMIT RECOVERY OF THE CITY’S AVERAGE COSTS RELATED TO GRAFFITI ABATEMENT AND REMEDIATION BY THE SAN DIEGO PROBATION OFFICE IN JUVENILE COURT PROCEEDINGS AND ADOPTING THE 2018 CHULA VISTA GRAFFITI ABATEMENT COST AND EXPENSES MATRIX (FIRST READING) 18-00367.18-0036 City Attorney & Development Services Department Department: 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 place the ordinance on first reading. Staff Recommendation: Page 4 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 4 February 27, 2018City Council Agenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE TOBACCO RETAILERS (FIRST READING) 18-00738.18-0073 City Attorney & Police Department Department: 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 place the ordinance on first reading. 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 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. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “BIKE LANES ON BROADWAY - PHASE II” (CIP# STM0392) TO INCLUDE THE SCOPE OF PHASE III (L STREET TO MAIN STREET), RENAMING CIP# STM0392 AS, “CLASS 2 BIKE LANES ON BROADWAY,” AND APPROPRIATING $103,728 FROM THE SB-1 ATPL GRANT PROGRAM OF THE STATE GRANTS FUND TO STM0392 (4/5 VOTE REQUIRED) 17-03969.17-0396 Page 5 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 5 February 27, 2018City Council Agenda B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRAFFIC IMPACT STUDY AND ENVIRONMENTAL ANALYSIS, APPROVING THE RECOMMENDATION TO INSTALL BIKE LANES ON BROADWAY FROM C STREET TO MAIN STREET, AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED TIME-LIMITED PARKING ZONES UPON COMPLETION OF THE PROJECT Engineering Department Department: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and/or Section 15304 Class 4 (Minor Alterations to Land). Environmental Notice: Council conduct the public hearing and adopt the resolutions. 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE CITY, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING ROLES AND RESPONSIBILITIES FOR THE SAN DIEGO REGIONAL PROVING GROUND 18-003710.18-0037 Engineering Department Department: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15306 Class 6 (Information Collection) and/or Section 15301 Class 1 (Existing Facilities). Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 6 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 6 February 27, 2018City Council Agenda ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 5.19 TO REGULATE COMMERCIAL CANNABIS (FIRST READING) 18-007111.18-0071 City Manager Department: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15061(b) (3); Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15301 (Existing Facilities); and Section 15303 (New Construction or Conversion of Small Structures). Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2017/18 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 18-001512.18-0015 Finance Department Department: 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 accept the report and adopt the resolution. Staff Recommendation: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING 18-004813.18-0048 Page 7 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 7 February 27, 2018City Council Agenda B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017/18 COMPENSATION SCHEDULE EFFECTIVE MARCH 2, 2018, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, TO REFLECT: (1) THE ADDITION AND ELIMINATION OF CERTAIN POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR ACCOUNTANT, ASSOCIATE ACCOUNTANT, DEPUTY CITY MANAGER, DIRECTOR OF ECONOMIC DEVELOPMENT, SEASONAL ASSISTANT, AND SENIOR ACCOUNTANT C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITIONS OF CITY LIBRARIAN, PARKS AND RECREATION ADMINISTRATOR, DIRECTOR OF COMMUNITY SERVICES, AND REVENUE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Human Resources Department Department: 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 and place the ordinance on first reading. Staff Recommendation: CITY MANAGER’S REPORTS Page 8 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 8 February 27, 2018City Council Agenda MAYOR’S REPORTS APPOINTMENT OF A MEMBER TO THE SANDAG SHORELINE PRESERVATION WORKING GROUP 18-008314.18-0083 COUNCILMEMBERS’ COMMENTS COUNCILMEMBER AGUILAR: CONSIDERATION OF CITY ENDORSEMENT OF THE 2018 “VILLAGE SUMMER NIGHTS” SERIES OF EVENTS PLANNED FOR THE THIRD AVENUE VILLAGE IN CHULA VISTA Village Summer Nights is a series of six bi-weekly displays of vehicles, music, and specialty business products planned for every other Tuesday evening beginning June 12 and ending August 28, 2018. 18-007815.18-0078 CITY ATTORNEY'S REPORTS 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) Name of case: Juan Abenojar and Salome Rincon v. City of Chula Vista, San Diego Superior Court, Case No. 37-2016- 00024897-CU-PO-CTL 18-005416.18-0054 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case: City of Chula Vista v. International Boundary & Water Commission, et al. 18-007017.18-0070 Page 9 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 9 February 27, 2018City Council Agenda ADJOURNMENT to the Regular City Council Meeting on March 6, 2018, at 5:00 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. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 10 City of Chula Vista Printed on 2/22/2018 2018-02-27 Agenda Packet Page 10 City of Chula Vista Staff Report File#:18-0074, Item#: A. PRESENTATION BY INTERIM LIBRARY DIRECTOR JOY WHATLEY AND US DEPARTMENT OF STATE, CUSTOMER SERVICE MANAGER SAUL LEYVA, OF THE 2017 NATIONAL PASSPORT ACCEPTANCE FACILITY OF THE YEAR AWARD TO THE OTAY RANCH BRANCH LIBRARY City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 11 City of Chula Vista Staff Report File#:18-0050, Item#: B. PRESENTATION BY SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SENIOR REGIONAL PLANNER STEPHAN VANCE ON THE SAN DIEGO BAYSHORE BIKEWAY City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 12 City of Chula Vista Staff Report File#:18-0081, Item#: 1. APPROVAL OF MINUTES of November 21, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 13 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, November 21, 2017 REGULAR MEETINGS OF THE CITY COUNCIL AND MUNICIPAL FINANCING AUTHORITY OF THE CITY OF CHULA VISTA CALL TO ORDER Regular meetings of the City Council and the Municipal Financing Authority of the City of Chula Vista were called to order at 5:02 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 Councilmember Aguilar arrived at 5:03 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Larrarte PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Diaz led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0499 OATHS OF OFFICE Citizens’ Oversight Committee: Oscar Romo Human Relations Commission: Audrey Bordeaux Susan Lake Petrina Branch Paola Martinez-Montes Jeremy Culuko Ricardo Medina William Felix Ahmad Zadah Robert Godinez Bernard Gonzales City Clerk Bigelow administered the oath of office to Commissioners Bordeaux, Branch, Culuko, Felix, Godinez, Gonzales, Lake, Martinez-Montes, Medina, and Zadah. Page 1City of Chula Vista 2018-02-27 Agenda Packet Page 14 November 21, 2017City Council Meeting Minutes - Draft B.17-0512 PRESENTATION OF A PROCLAMATION TO EASTLAKE CHURCH IN RECOGNITION OF ITS COMMUNITY SERVICE DURING A “SERVE WEEKEND” IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor McCann presented it to Pastor James Grogan & Linda Rankin from Eastlake Church. C.17-0513 PRESENTATION OF A PROCLAMATION TO LESLIE AND MAX BRANSCOMB FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to Leslie and Max Branscomb. CONSENT CALENDAR (Items 1 - 9) Item 3 was removed from the Consent Calendar by a member of the public. 1.17-0505 WRITTEN COMMUNICATION Memorandum from Councilmember Padilla requesting an excused absence from the November 7, 2017 council meeting. Recommended Action: Council excuse the absence. 2.17-0498 APPROVAL OF MINUTES of August 15 and 22, and September 7, 2017. Recommended Action: Council approve the minutes. Item 3 was removed from the Consent Calendar. 4.17-0106 RESOLUTION NO. 2017-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017 CITY OF CHULA VISTA STANDARD SPECIAL PROVISIONS AND OTHER REFERENCE DOCUMENTS GOVERNING ENGINEERING AND CONSTRUCTION STANDARDS, AND AUTHORIZING THE CITY ENGINEER OR DESIGNEE TO ADOPT AND APPROVE ON BEHALF OF THE CITY FUTURE EDITIONS OF AND AMENDMENTS TO THE STANDARD SPECIAL PROVISIONS AND REFERENCE DOCUMENTS GOVERNING ENGINEERING AND CONSTRUCTION STANDARDS Recommended Action: Council adopt the resolution. Page 2City of Chula Vista 2018-02-27 Agenda Packet Page 15 November 21, 2017City Council Meeting Minutes - Draft 5.17-0428 A. RESOLUTION NO. 2017-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND KITCHELL CEM, INC. TO PROVIDE ON-CALL CONSTRUCTION MANAGEMENT CONSULTING SERVICES B. RESOLUTION NO. 2017-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND O’CONNER CONSTRUCTION MANAGEMENT, INC TO PROVIDE ON-CALL CONSTRUCTION MANAGEMENT CONSULTING SERVICES Recommended Action: Council adopt the resolutions. 6.17-0444 RESOLUTION NO. 2017-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES TO WEST COAST ARBORISTS, INC. IN AN AMOUNT NOT TO EXCEED $950,000 FOR THE UP TO FIVE-YEAR TERM OF THE CONTRACT AND APPROPRIATING $45,000 IN FISCAL YEAR 2017-18 FROM THE GAS TAX FUND TO THE URBAN FORESTRY MAINTENANCE BUDGET (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 7.17-0474 RESOLUTION NO. 2017-213 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A BUDGET TRANSFER OF $30,000 IN THE STATE GRANT FUND TO PURCHASE A VAN FOR USE IN THE SOUTH BAY AND EAST COUNTY USED OIL PAYMENT PROGRAM (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 8.17-0495 INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2017 Recommended Action: Council accept the report. 9.17-0487 RESOLUTION NO. 2017-214 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $38,617 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIO DISPATCH CONSOLE EQUIPMENT FROM MOTOROLA SOLUTIONS, INC. BASED ON THE COUNTY OF SAN DIEGO’S CONTRACT NUMBER 553982 PRICING AND TERMS, AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUNDS FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Page 3City of Chula Vista 2018-02-27 Agenda Packet Page 16 November 21, 2017City Council Meeting Minutes - Draft Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, 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 Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR 3.17-0420 ORDINANCE OF THE CITY OF CHULA VISTA DECREASING THE ESTABLISHED SPEED LIMIT ON QUINTARD STREET BETWEEN ORANGE AVENUE AND THIRD AVENUE AND BETWEEN FIRST AVENUE AND HILLTOP DRIVE FROM 30 MILES PER HOUR TO 25 MILES PER HOUR, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMITS (FIRST READING) Steven Pavka, Chula Vista resident, spoke in opposition to staff's recommendation on Item 3. A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, to place the ordinance on first reading, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 PUBLIC COMMENTS The following members of the public expressed concern regarding the South Bay Bus Rapid Transit project plans in the area of Hedenkamp Elementary School: - Cherrie Adajar, Chula Vista resident - Larry Williams, Chula Vista resident - Tamara Carver, Chula Vista resident The following members of the public requested the Council support a clean Dream Act: - Margaret Baker, Chula Vista Resident, representing South Bay People Power - Matthew Arnold, Chula Vista Resident, representing South Bay People Power - Michelle Quiroz, Chula Vista resident - Patricia Huffman, Chula Vista resident, representing People Power - Carolyn Scofield, Chula Vista resident, representing Chula Vista Partners in Courage Page 4City of Chula Vista 2018-02-27 Agenda Packet Page 17 November 21, 2017City Council Meeting Minutes - Draft PUBLIC HEARINGS 10.17-0496 A. RESOLUTION NO. 2017-215 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY’S LEASE REVENUE BONDS, SERIES 2017A [NEW CLEAN RENEWABLE ENERGY BONDS (FEDERALLY TAXABLE) AND LEASE REVENUE BONDS SERIES 2017B (TAX-EXEMPT)]; AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT WITH RESPECT TO THE OFFERING AND SALE OF THE BONDS AND THE EXECUTION OF DOCUMENTS AND THE TAKING OF RELATED ACTIONS NECESSARY TO ISSUE SUCH BONDS B. RESOLUTION NO. 2017-003 OF THE BOARD OF DIRECTORS OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF THE AUTHORITY’S LEASE REVENUE BONDS SERIES 2017A [NEW CLEAN RENEWABLE ENERGY BONDS (FEDERALLY TAXABLE) AND LEASE REVENUE BONDS SERIES 2017B (TAX-EXEMPT)] AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT WITH RESPECT TO THE OFFERING AND SALE OF THE BONDS AND THE EXECUTION OF DOCUMENTS AND THE TAKING OF RELATED ACTIONS NECESSARY TO ISSUE SUCH BONDS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Mayor/Chair Casillas Salas, seconded by Deputy Mayor/Board Member McCann, to adopt Council Resolution No. 2017-215 and Municipal Finance Authority Resolution No. MFA 2017-003, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 5City of Chula Vista 2018-02-27 Agenda Packet Page 18 November 21, 2017City Council Meeting Minutes - Draft 11.17-0481 RESOLUTION NO. 2017-216 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UTILITY UNDER- GROUNDING DISTRICT #141 ON F STREET FROM BAY BOULEVARD TO BROADWAY, AND DISTRICT #142 ON F STREET FROM BROADWAY TO FOURTH AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS 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 Engineer Valle gave the presentation. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember Padilla, seconded by Councilmember Aguilar, to adopt Resolution No. 2017-216, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 CITY MANAGER’S REPORTS City Manager Halbert wished everyone a Happy Thanksgiving. At his request, there was a consensus of the Council to consider an ordinance to cancel the regular Council Meeting the week of Thanksgiving and hold a meeting the following week. MAYOR’S REPORTS Mayor Casillas Salas wished everyone a Happy Thanksgiving. Mayor Casillas Salas spoke about the MANA de San Diego organization, she reported her attendance at the following recent events: KSON Food Drive, the Veteran's Day celebration at Veteran's Memorial Park, an Airstream open house at the RV park, an event at the Chula Vista Brewery, the United Domestic Workers annual appreciation dinner, a Turkey give-a-way at South Bay Community Services, and the 7th Annual Hensel Phelps Turkey Give-a-way at the WIC Center. Page 6City of Chula Vista 2018-02-27 Agenda Packet Page 19 November 21, 2017City Council Meeting Minutes - Draft COUNCILMEMBERS’ COMMENTS Councilmember Diaz wished everyone a Happy Thanksgiving. Deputy Mayor McCann thanked all the citizens and staff who helped with the recent Public Safety meeting. He wished everyone a Happy Veteran's Day. Deputy Mayor McCann reported on his attendance and speech given at the Veteran's Day Memorial Celebration. He thanked the VFW, American Legion, and the Fleet Reserve Association for supporting Veterans. Deputy Mayor McCann also wished everyone a Happy Thanksgiving. Councilmember Padilla wished everyone a Happy Thanksgiving and expressed his gratitude to Veterans. He reported on his attendance at the National League of Cities' City Summit held in Charlotte. Councilmember Padilla expressed his understanding of the concerns of the community regarding the East Palomar Bus Rapid Transit project. Councilmember Aguilar reported her attendance at a fundraiser for the residents of Puerto Rico and she reported on the Starlight Parade. At the request of Councilmember Aguilar, there was a consensus of the Council to consider a resolution in support of a clean Dream Act at the next Council Meeting. CITY ATTORNEY'S REPORTS There were none. City Attorney Googins announced that the Council would meet in Closed Session to discuss Items 12 and 14. He stated that Item 13 would be continued to a future meeting. Mayor Casillas Salas recessed the meeting at 6:15 p.m. The Council reconvened in Closed Session at 6:20 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. 12.17-0507 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Glen Googins, Maria Kachadoorian, Kelley Bacon, Simon Silva, Gary Halbert, Courtney Chase, David Bilby Employee organization: Association of Chula Vista Employees (ACE) Reportable Action is pending finalization of agreement.ACTION: Page 7City of Chula Vista 2018-02-27 Agenda Packet Page 20 November 21, 2017City Council Meeting Minutes - Draft 13.17-0508 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One (1) Case There was no reportable action.ACTION: 14.17-0509 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Three (3) Case(s) Reportable action pending finalization of settlement agreements.ACTION: ADJOURNMENT At 6:43 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on December 5, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 8City of Chula Vista 2018-02-27 Agenda Packet Page 21 City of Chula Vista Staff Report File#:18-0077, Item#: 2. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.34 TO TITLE 3 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A ONE- HALF CENT GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION INCLUDING PROVISIONS FOR CITIZENS’ OVERSIGHT AND ACCOUNTABILITY (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Following direction at the December 19, 2017 Council meeting, staff has prepared a ballot measure for City Council consideration for placement on the ballot in 2018 to address public safety staffing. The measure is for a one-half cent transactions and use tax measure (the “Measure”). Although the City’s most pressing need is public safety staffing, the tax is a general tax which can be spent for any lawful purpose of the City. This item also presents the Intended Public Safety Expenditure Plan that identifies two phases to address the critical needs in public safety. In order to move forward with the implementation of the Intended Public Safety Expenditure Plan, staff is recommending that the City Council adopt the Intended Public Safety Expenditure Plan and place the sales tax measure on the ballot in 2018. 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 Staff has presented three reports and other information to the City Council in response to their request at the June 6, 2017 Council Meeting for the City Manager to “report back to the City Council within 120 days with a plan to address the chronic understaffing of the Police and Fire Departments, City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 22 File#:18-0077, Item#: 2. within 120 days with a plan to address the chronic understaffing of the Police and Fire Departments, with such plan considering all options, including: (i) alternative service models that may improve effectiveness and reduce costs; and (ii) potential funding sources.” In order to provide the opportunity for community input, the City Manager formed the Public Safety Advisory Committee (PSAC). The committee includes Chula Vista residents, business owners, community leaders and others. The committee worked with staff liaisons from Fire, Police, Administration and Finance Departments to secure public input that would assist in creating the following reports. At the September 26, 2017 meeting, staff presented the Public Safety Staffing Report which assessed factors affecting public safety, including: ·Community and stakeholder feedback/input on priorities for delivery of public safety services ·Short and long-term staffing level standards for CVPD and CVFD ·Response times for Priority 1 and Priority 2 emergency calls for CVPD ·Response times with properly equipped and staffed fire and medical units for CVFD ·Consideration of alternate public safety service delivery models ·Accounting for growth - 5-year, 10-year and build-out projection models ·Fiscal forecasts and impacts Council directed the City Manager to conduct a public opinion survey, inform the community about public safety staffing issues presented, and return to Council with options to address staffing issues, including funding options. At the December 19 meeting, staff presented the Public Safety Staffing Strategies report which included: ·Staffing allocations for CVPD and CVFD to provide critical services ·Estimated costs for phasing of staffing ·Assessment of potential funding sources ·Overview of results of a public opinion survey The City Manager was directed by the City Council to return with a proposal for Council consideration to place a half cent sales tax measure before the voters to fund public safety critical needs. On January 16, 2018 Council approved conducting an additional survey to identify the best timing for a ballot measure in 2018. Results of the survey will be presented at the February 13 Council Meeting. Staff is requesting direction on the ballot measure and Intended Public Safety Expenditure Plan (Plan). The Plan identifies two phases to address the staffing shortage in public safety. Phase I outlines the most critical needs identified by the Police and Fire Departments for the next 10 years. Although addressing these needs does not address the staffing crisis entirely, it does allow the departments to significantly improve the service level provided to residents and businesses throughout the City. Phase I public safety critical needs could be funded by a half-cent sales tax measure which would generate approximately $17 million per year. Phase II public safety critical needs could move forward as the City’s economic base improves and major transformational projectsCity of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 23 File#:18-0077, Item#: 2. needs could move forward as the City’s economic base improves and major transformational projects begin moving forward such as the Bayfront and University development projects. Other funding options may also be considered in the future as part of the annual budget process. Public Safety Advisory Committee Input To support this effort and to provide the opportunity for community input, the City Manager formed the Public Safety Advisory Committee (PSAC). The committee includes Chula Vista residents, business owners, and community leaders. The committee has met four times to provide input as the Public Safety Staffing Report and Public Safety Staffing Strategies documents were developed. In addition, committee members have participated in “ride alongs” with police and fire department personnel. The PSAC members have provided input at meetings and in writing since the first meeting on August 10, 2017. This input and feedback has been considered as part of the development of each of the staffing documents and the proposed Intended Public Safety Expenditure Plan. PSAC meetings have been held on: August 10, 2017; August 31, 2017; November 9, 2017; November 30, 2017; and December 7, 2017. Public Opinion Surveys In October 2017, the City engaged TrueNorth Research to conduct a public opinion survey to identify resident priorities regarding public safety and public services and to secure input on a potential sales tax to fund critical city services to address public safety staffing, 9-1-1 emergency response, homeless outreach, and other public services. At the December 19 meeting, Dr. Tim McClarney from TrueNorth Research presented the survey results which showed 62 percent of voters support a half- cent sales tax to support these services. In January 2018, the City engaged TrueNorth Research to conduct a public opinion survey to identify how voter support is affected by a potential ballot measure to tax cannabis businesses in Chula Vista. Survey results and findings will be presented at the City Council meeting by the TrueNorth Research team. 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 Councilmember 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. Securing funding for public safety and public services supports all goals. City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 24 File#:18-0077, Item#: 2. CURRENT YEAR FISCAL IMPACT The estimated cost of placing the sales tax measure on the June 5, 2018 ballot is approximately $100,000. The cost will vary depending on the number of items on the ballot. Staff will provide updated cost estimates as part of the quarterly fiscal report. ONGOING FISCAL IMPACT If the ballot measure is approved by the voters, it would generate an estimated $17 million annually. If the measure is approved by the voters, any proposed expenditures will be presented as part of the annual budget process for City Council consideration. ATTACHMENTS 1. Intended Public Safety Expenditure Plan Staff Contact: Assistant City Manager, Maria Kachadoorian City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 25 SECOND READING AND ADOPTION 165794.1 ORDINANCE NO. ____ ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.34 TO TITLE 3 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A ONE- HALF CENT GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION INCLUDING PROVISIONS FOR CITIZENS’ OVERSIGHT AND ACCOUNTABILITY WHEREAS, at the June 6, 2017 Chula Vista City Council meeting, the City Manager was directed to report back to the Chula Vista City Council within 120 days with a plan to address the perceived chronic understaffing of the Police and Fire Departments, with such plan considering all options, including: i) alternative service models that may improve effectiveness and reduce costs; and ii) potential funding sources; and WHEREAS, staff reported back to the City Council on September 26, 2017, with a Public Safety Staffing Report assessing the following factors: Community and stakeholder feedback/input on priorities for delivery of public safety services Short and long-term staffing level standards for Chula Vista Police Department (CVPD) and Chula Vista Fire Department (CVFD) Response times for Priority 1 and Priority 2 emergency calls for CVPD Consideration of alternate public safety service delivery models Accounting for growth: 5-year, 10-year, and build-out projection models Fiscal forecasts and impacts; and WHEREAS, at the September 26, 2017 Chula Vista City Council meeting, the City Council directed the City Manager to come back to the Council with options to address staffing issues and include revenue options; and WHEREAS, at the December 19, 2017 Chula Vista City Council meeting, after considering City staff’s presentation of the public safety staffing strategies report which identified public safety critical needs as well as funding options, the City Council directed the City Manager to return with an item, for Council consideration, to place a ½ cent general sales tax on the ballot in 2018; and WHEREAS, due to the reductions taken in the Police Department during the Great Recession, staffing levels have fallen to below pre-recession levels while the City’s population has grown by approximately 10%; and WHEREAS, the City’s Police Department is staffed at a per capita ratio of 0.86 per 1,000 residents, which is below optimal staffing levels; and 2018-02-27 Agenda Packet Page 26 Ordinance No. ________ Page 2 165794.1 WHEREAS, the Fire Department will need to add staff to accommodate growth and is currently planning for the opening of several new fire stations, adding fire squads in the eastern area of the City and continuing the transition to a 4/0 staffing model; and WHEREAS, the City has conducted public outreach to identify the most critical needs and priorities with respect to addressing the City’s public safety staffing needs , including forming a Public Safety Advisory Committee (PSAC) composed of City residents, business owners, and other stakeholders; and WHEREAS, Public Safety is a top priority of the City, with 67% of discretionary revenues allocated to Police and Fire services; and WHEREAS, although the City’s finances have improved since the recent recession, the City is still experiencing financial challenges and, as reflected in the long term financial plan, will be unable to address the public safety critical staffing needs over the next 10 years; and WHEREAS, the City has determined that the enactment of a general local transactions and use tax (commonly known as a “sales tax”) would allow the City to significantly address the critical public safety staffing needs as presented in the Intended Public Safety Expenditure Plan without compromising existing City services; and WHEREAS, pursuant to Article XIII C of the California Constitution, and California Revenue and Taxation Code Section 7285.9, the City has the authority to enact a local sales tax for general purposes with the approval of the majority of voters in the City voting in an election on the issue; and WHEREAS, the City Council directed staff to prepare for submittal to the voters an ordinance enacting a one-half cent sales tax consistent with all applicable general purpose tax laws, including measures providing for citizens’ oversight, separate accounting and independent audits; and WHEREAS, proposed Chapter 3.34 of the Chula Vista Municipal Code, set forth below, establishes a transactions and use tax to be administered by the California Department of Tax and Fee Administration consistent with City Council direction; and WHEREAS, concurrently herewith the City Council is adopting the Intended Public Safety Spending Plan expressing its intention to expend new sales tax revenues on Public Safety critical needs, as more particularly described therein (the “City Council Intended Public Safety Expenditure Plan ”). NOW, THEREFORE, subject to approval by an affirmative, simple majority vote of the people as required by law, the People of the City of Chula Vista do ordain as follows: SECTION 1: 2018-02-27 Agenda Packet Page 27 Ordinance No. Page 3 165794.1 The Chula Vista Municipal Code is hereby revised to add Chapter 3.34 as set forth below, thereby enacting a general local transactions and use tax within the City of Chula Vista, to be administered by the California Department of Tax and Fee Administration: CHAPTER 3.34 CHULA VISTA ONE -HALF CENT TRANSACTIONS AND USE TAX Sections: 3.34.010 Title. 3.34.020 Operative date. 3.34.030 Purpose. 3.34.040 Contract with state. 3.34.050 Transactions tax rate. 3.34.060 Place of sale. 3.34.070 Use tax rate. 3.34.080 Adoption of provisions of state law. 3.34.090 Limitations on adoption of state law and collection of use taxes. 3.34.100 Permit not required. 3.34.110 Exemptions and Exclusions. 3.34.120 Amendments of Revenue and Taxation Code. 3.34.130 Enjoining collection forbidden. 3.34.140 Amendments by City Council. 3.34.150 Use of proceeds. 3.34.160 Citizens’ oversight and accountability. 3.34.170 Severability. 3.33.010 TITLE. This ordinance shall be known as the Chula Vista One-Half Cent Transaction and Use Tax Ordinance. The City of Chula Vista hereinafter shall be called “City.” This Ordinance shall be applicable in the incorporated territory of the City. 3.33.020 OPERATIVE DATE. “Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. 3.33.030. PURPOSE. This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a general retail transactions and use tax, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. 2018-02-27 Agenda Packet Page 28 Ordinance No. ________ Page 4 165794.1 B. To adopt a general retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a general retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. D. To adopt a general retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance. 3.33.040 CONTRACT WITH STATE. Prior to the Operative Date, City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax Ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the Operative Date, it shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the first calendar quarter following the effective date of such a contract. 3.33.050 TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent (0.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this Ordinance. 3.33.060 PLACE OF SALE. For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 2018-02-27 Agenda Packet Page 29 Ordinance No. Page 5 165794.1 3.33.070 USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this Ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent (0.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 3.33.080 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein. 3.33.090 LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word “State” is used as part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code. 2018-02-27 Agenda Packet Page 30 Ordinance No. ________ Page 6 165794.1 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203. 3.33.100 PERMIT NOT REQUIRED. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance. 3.33.110 EXEMPTIONS AND EXCLUSIONS. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 2018-02-27 Agenda Packet Page 31 Ordinance No. Page 7 165794.1 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property; 1. The gross receipts from the sale of which have been subject to a transactions tax under any State-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this Ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any 2018-02-27 Agenda Packet Page 32 Ordinance No. ________ Page 8 165794.1 representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumptions of which is subject to the use tax. 3.33.120 AMENDMENTS OF REVENUE AND TAXATION CODE All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 3.33.130 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 3.33.140 AMENDMENTS BY CITY COUNCIL. The following amendments to this Ordinance must be approved by the voters of the City: increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminating the tax. The City Council may otherwise amend this Ordinance without submitting the amendment to the voters for approval in any manner which does not constitute a tax “increase” as that term is defined in Government Code section 53750(h). 3.33.150 USE OF PROCEEDS. 2018-02-27 Agenda Packet Page 33 Ordinance No. Page 9 165794.1 The proceeds from the tax imposed by this Ordinance shall be for unrestricted general revenue purposes of the City and shall be received into the general fund of the City. Nothing in this Ordinance shall constitute the tax imposed under this Ordinance as a special tax, or bind the City to use the proceeds for any specific purpose or function; the City Council shall retain discretion to expend the proceeds of the tax for any lawful purpose of the City. 3.33.160 CITIZENS’ OVERSIGHT AND ACCOUNTABILITY. In order to provide for citizens’ oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this Ordinance, the City shall do the following: A. Line Item Accounting. All revenue generated by the tax (“Measure Y Revenues”) shall be accounted in the General Fund as a separate line item entitled “Local Transactions and Use Tax – Measure ‘Y’ Revenues.” Measure Y Revenues and expenditures will be tracked and accounted for by City Finance Department staff in accordance with Generally Accepted Accounting Principles (GAAP), and presented annually in a report (the “Finance Department Report”) to the Citizens’Oversight Committee (“COC”) created pursuant to subdivision D., below B. Annual Submittal of Measure Y Public Safety Expenditure Plan. If Measure ‘Y’ is approved by the voters, beginning in Fiscal Year 2018-19, and for each subsequent year, prior to City Council consideration of the City’s annual budget, City staff will prepare and present to the COC for its review a spending plan for the Measure ‘Y’ Revenues. Such plan (the “Measure ‘Y’ Spending Plan”) shall be (1) consistent with the City Council Intended Public Safety Expenditure Plan approved concurrently with this Ordinance; (2) include specific proposals for near term expenditures; and (3) a plan for expenditures for the next ten-years to address the “Phase I” Critical Needs described therein. After review by the COC, the Measure ‘Y’ Spending Plan for the upcoming Fiscal Year shall be incorporated into the City Manager’s proposed budget, and then presented to the City Council for its consideration and action, in its discretion, as part of the City’s annual budget process. The City Council must consider for approval the expenditure of projected Measure ‘Y’ Revenues as a separate line item category in each year’s budget. The COC’s duties under this section shall continue until and unless the City Council appoints another commission, committee, or group to be responsible for reporting to the City Council, pursuant to section D., below. C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of Measure ‘Y’ Revenues. D. Measure Y Oversight Committee. Prior to the Operative Date, the City shall create and convene a Citizens’ Oversight Committee (“COC”). The function of the COC shall be to review and report on City compliance with the terms of this Ordinance and the spending guidelines contained in the City Council Intended Public Safety Expenditure Plan and each Measure Y Spending Plan presented to and approved by the City Council thereafter. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that 2018-02-27 Agenda Packet Page 34 Ordinance No. ________ Page 10 165794.1 meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this Section adopted no later than 150 days following the date of the election at which Measure Y is approved by the voters. The COC may be disbanded following the implementation of “Phase I” Critical Needs, as reported in the Intended Public Safery Expenditure Plan. If the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an appropriate alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner to be determined by the City Council, regarding the collection and expenditure of Measure Y Revenues and the resulting impacts on public safety. 3.33.170 SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This People of the City of Chula Vista hereby declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intend that the invalid portions should be severed and the balance of the Ordinance be enforced. SECTION 2: The City Clerk shall be authorized to replace the terms "Measure Y"" wherever they appear in this Ordinance with the respective ballot designations determined by the County Registrar before this Ordinance is codified. SECTION 3: Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law. ********* It is hereby certified that this Ordinance was duly adopted by the voters at the [INSERT DATE] election and took effect 10 days following adoption of a resolution declaring the results of the election at a regular meeting of the City Council held on [INSERT DATE]: by the following vote: AYES: NOES: ABSENT: ABSTAIN: 2018-02-27 Agenda Packet Page 35 Ordinance No. Page 11 165794.1 ATTEST: Kerry K. Bigelow, MMC CITY CLERK CITY OF CHULA VISTA Presented by: Approved as to form by: Gary Halbert Glen R. Googins City Manager City Attorney 2018-02-27 Agenda Packet Page 36 IntendedPublic Safety Expenditure Plan February 2018 2018-02-27 Agenda Packet Page 37 Intended Public Safety Expenditure Plan 2018 1 Introduction The City of Chula Vista is located at the center of one of the richest cultural, economic and environmentally diverse zones in the United States. It is the second-largest city in San Diego County with a population of 270,000. Residents enjoy a multitude of quality of life amenities, including award-winning public schools, established neighborhoods, parks and trails, shopping and dining opportunities, and popular attractions. Chula Vista is one of the top ten safest cities of its size in the country. Public Safety is a top priority in the City of Chula Vista with 67 percent of general fund discretionary revenues allocated to Police and Fire personnel and services (approximately $71.5 million of $109 million in revenues). In addition, staff from Administration, Finance, Human Resources, City Attorney and Public Works provide significant support to public safety. In an attempt to address public safety staffing shortages, the City added 5 new police officer positions and 12 firefighters in the current fiscal year. Unfortunately, as noted in the City’s Long-Term Financial Plan, which is included in the City Council adopted budget and is available on the City website at www.chulavistaca.gov/publicsafety, discretionary revenues are not keeping pace with the need for additional public safety personnel to support the City’s current and future population. Process for Creation of the Plan At the June 6, 2017 Council Meeting, the City Manager was directed to “report back to the City Council within 120 days with a plan to address the chronic understaffing of the Police and Fire Departments, with such plan considering all options, including: (i) alternative service models that may improve effectiveness and reduce costs; and (ii) potential funding sources.” Staff reported back to Council on September 26, 2017 with a Public Safety Staffing Report which is available at www.chulavistaca.gov/publicsafety. The report assessed factors affecting public safety, including: • Community and stakeholder feedback/input on priorities for delivery of public safety services • Short and long-term staffing level standards for CVPD and CVFD • Response times for Priority 1 and Priority 2 emergency calls for CVPD • Response times with properly equipped and staffed fire and medical units for CVFD • Consideration of alternate public safety service delivery models • Accounting for growth – 5-year, 10-year and build-out projection models • Fiscal forecasts and impacts The Public Safety Staffing Report provided the foundation for developing the Public Safety Staffing Strategies report which is available at www.chulavistaca.gov/publicsafety. The Public Safety Staffing Strategies includes: 2018-02-27 Agenda Packet Page 38 Intended Public Safety Expenditure Plan 2018 2 • Recommending staffing allocations for CVPD and CVFD to provide critical public safety services • Estimated costs for staffing and a phasing schedule • Assessment of potential funding sources • Overview of results of public opinion surveys The City’s Communications staff informed the Chula Vista community about public safety staffing issues in a variety of media including: the Community Connection newsletter, press releases, public and media outreach and social media. Additionally, CVFD and CVPD representatives have attended community meetings and discussed these public safety staffing issues. At the September 26, 2017 City Council meeting, Council directed the City Manager to conduct a public opinion survey, inform the community about public safety staffing issues presented, and to come back to Council with options to address staffing issues, including revenue options. At the December 19, 2017 City Council meeting staff presented the Public Safety Staffing Strategies report. This report outlined staffing proposals for the Police and Fire Department that addressed critical needs. The departments evaluated their operations and identified the gaps in not only service levels, but also in the customer service experience for residents and businesses. Public Safety Advisory Committee The City Manager established an internal working group with staff from Fire, Police, Administration and Finance Departments to conduct a comprehensive assessment of the Police and Fire Departments. To help identify the needs and priorities of our community and to evaluate the state of public safety, the City Manager formed the Public Safety Advisory Committee (PSAC) in July 2017. The committee includes Chula Vista residents, business owners and community leaders. The Committee continues to provide input into refining priorities for public safety in the City. Public Outreach and Public Opinion Surveys In November 2017, the City of Chula Vista engaged a research firm to conduct a public opinion survey to identify the services and projects that residents are most interested in funding and to obtain input on a potential half-cent general sales tax to fund the services. 2018-02-27 Agenda Packet Page 39 Intended Public Safety Expenditure Plan 2018 3 Public Opinion on Prioritizing Projects and Programs Police Department Critical Needs The Chula Vista Police Department is composed of over 300 authorized fulltime employees, including 232 sworn officers, 91 professional staff and over 80 volunteers who work tirelessly to provide public safety services to the second largest city in San Diego County. CVPD has the lowest sworn staffing to population ratio in the County and the second lowest staffing ratio in California for comparably sized cities. Furthermore, CVPD’s current staffing ratio is significantly lower than a decade ago when the Department was authorized 259 sworn officers and 114 professional staff. Despite such challenges, Chula Vista is fortunate to have a relatively low crime rate and it is consistently recognized as one of the safest cities of its size in the country. Unfortunately, staffing challenges, combined with Chula Vista’s growth, have strained CVPD’s ability to continue to provide the high level of public safety service to which the residents of Chula Vista have become accustomed. After extensive review, CVPD staff have recommended substantial increases in sworn and civilian staff to raise CVPD’s staffing to the appropriate level to meet the current and projected future service demands of Chula Vista. The Public Safety Staffing report presented to City Council on September 26, 2017, explored the history of CVPD’s staffing challenges and made recommendations to restore CVPD staffing to levels more in line with those of regional law enforcement agencies. The following is a summary of the immediate staffing needs as identified by the Police Department. 2018-02-27 Agenda Packet Page 40 Intended Public Safety Expenditure Plan 2018 4 Police Department Critical Needs (Phases I and II) Police Officers – 43 positions Uniformed Community Patrol Officers (24 positions) Uniformed patrol responds to calls for service, deters crime and conducts proactive policing to address traffic and quality of life issues. These are among the primary missions of any municipal police agency. It is critical to maintain adequate staffing throughout the City, 7 days a week and 365 days a year. The addition of 24 officers would provide more than a 30 percent increase in the number of officers on the street at any time, and would double the number of officers in the fast-growing/developing areas of the City. Despite personnel transfers to Community Patrol from other CVPD divisions, first-line patrol operations are falling short of historical performance standards and outcomes. As discussed in the Public Safety Staffing Report, Community Patrol is consistently unable to meet Priority 1 and 2 GMOC response times. Priority 3 and Priority 4 call response times also have increased dramatically, further increasing wait times for citizens reporting crimes or calling for police service. Additionally, other markers of Community Patrol effectiveness indicate a decline in operational capacity. Notable areas of performance concern 2008-2016 • 53% decline in officer initiated calls for service • 41% decline in felony arrests • 26% decline in misdemeanor arrests • 49% decline in traffic citations Positions Phase I Phase II Total Peace Officers 16.0 11.0 27.0 Police Agents 8.0 2.0 10.0 Police Sergeants 5.0 1.0 6.0 Total Sworn 29.0 14.0 43.0 Civilian Background Investigator 2.0 - 2.0 Community Services Officer 2.0 1.0 3.0 Detention Facilities Manager 1.0 - 1.0 Police Comm Systems Manager 1.0 - 1.0 Police Dispatcher 7.0 4.0 11.0 Sr. Police Technology Specialist 1.0 - 1.0 Total Non-Sworn 14.0 5.0 19.0 Total Police FTE Positions 43.0 19.0 62.0 Note: In addition to the positions listed above, the intented spending plan allocates resources to support staff reimbursements, vehicles and IT equipment needs. 2018-02-27 Agenda Packet Page 41 Intended Public Safety Expenditure Plan 2018 5 • 28% increase in traffic related deaths and injuries • 10% increase in traffic collisions • 51% decline in parking citations These statistics are indicative of a reactive patrol stance rather than one which is proactive and service oriented. The primary factor for such reductions likely are officer workloads and lack of proactive time to address community problems other than priority calls. It is also worth noting that police work has changed and cases and workloads are more complex than ever. This means patrol officers must consider many more factors as they go about their work. Oftentimes this results in a substantially increased workload. For example, the District Attorney’s Office has enhanced case issuance guidelines which often requires more time for initial field investigations and subsequent follow-up work by detectives. Other factors, like Body Worn Cameras have many benefits but they extend the report writing process by requiring officers to review video footage to ensure report accuracy. Also, social media use, almost non-existent a decade ago, has exploded and adds to case complexity and investigative time. To complicate matters, the public’s use of smart phones and other electronic devices requires extra time, training, sophistication and expertise to thoroughly investigate cases. For example, search warrants are often required when phones are seized and cases with multiple suspects may require extensive downloads and searches of several phones and electronic devices to build a prosecutable case. Homeless Outreach Team (4 positions) CVPD is also challenged by increasing calls for service regarding homelessness which require more time and resources. Issues surrounding homelessness became so serious that in the Fiscal Year 2016-17 budget, the City Council approved funding to add two officers and a part-time coordinator position to form the Homeless Outreach Team (HOT). While the Department’s HOT team has done great work, two officers cannot make a large enough impact on this difficult social and public safety challenge which requires constant monitoring and attention. Patrol officers respond to the majority of calls related to homelessness. These cases are not simple and often involve interconnected social dynamics, substance abuse and mental health problems. A humanitarian policing response is complex and time consuming. Homeless outreach involves close collaboration with social service providers to provide wraparound services and enforcement to address the chronically homeless. Again, such coordination is a lengthy process. By adding four more officers to the HOT team, the police department can better address issues that impact every neighborhood in the City. Traffic Enforcement Officers (4 positions) Traffic Enforcement Officers coordinate traffic safety campaigns, conduct specialized enforcement, follow-up on hit and run investigations, enforce DUI laws, address illegally parked cars and abandoned vehicles, and investigate serious and fatal traffic collisions. Current staffing prevents the Police Department from dedicating officers to investigate hit and run collisions, and traffic safety continues to be a growing concern in a rapidly growing city. By adding more Traffic Enforcement Officers, the Police Department can address this urgent community need. 2018-02-27 Agenda Packet Page 42 Intended Public Safety Expenditure Plan 2018 6 School Resource Officers (4 positions) The safety of our schools is another crucial priority for our community. Since 2007, the number of School Resource Officers (SRO) has been cut in half. An increase in the number of SRO Officers is critical for the continued safety of our 65 schools and 57,000 students. The SRO Unit is part of the Criminal Investigations Division. Contracts with Chula Vista Elementary School District and Sweetwater Union High School District offset almost 50% of the cost of these services with the remainder covered by the City. Investigations/Detectives (7 positions) The Police Department’s Investigation Division conducts follow-up and investigations to identify and arrest criminals, locate missing persons, monitor sex offenders, locate and return stolen property, regulate police controlled businesses such as alcohol, tobacco, and illegal marijuana, and coordinate with federal agencies in areas related to drug enforcement, child abuse, human trafficking, auto theft, and terrorism. Since 2007, the number of detectives in many investigation units has been cut in half. Increasing the number of detectives is important to enhancing the police department’s ability to investigate and prosecute criminal offenders. Support/Professional/Civilian Staffing (19 positions) 9-1-1 Operators and Dispatchers (11 positions) The Police Department’s 9-1-1 Center is the first point of contact for service delivery for virtually all police and fire services. All 9 -1-1 calls go first to the Communications Center before being routed as emergency calls to Chula Vista Police Dispatchers or San Diego Fire Department Dispatch (contracted Dispatch for Chula Vista Fire). CVPD currently has 21 Police Dispatchers and 5 Police Dispatch Supervisors. The Association of Public Safety Communication Officials (APCO) standards indicate that CVPD should be staffed with a minimum of 30 Police Dispatchers, not including supervisors, based upon call volumes. Increasing staffing in this crucial area helps to ensure public safety by improving answer times and by meeting minimum staffing requirements as recommended by APCO standards. Other Critical Support Staffing Needs (8 positions) Police operations require significant support from civilian and professional staff. These important members of the Police Department include customer service staff for the Department’s public service counter, community service and police service officers, crime lab and evidence technicians, police report and records specialists, and technology specialists. A moderate increase in professional staff is necessary to support additional capabilities made possible through additional resources and capacity, and to meet the expectations of today’s modern policing requirements. Desired Police Department Safety Outcomes CVPD staff understand the fiscal outlook and limitations of the City and acknowledge the negative consequences of not being transparent with policymakers regarding the current state of CVPD’s operational capacity. But, it is imperative that the City recognizes the challenges to providing public safety services to meet Chula Vista’s needs, especially with limited funding to keep pace with growth. 2018-02-27 Agenda Packet Page 43 Intended Public Safety Expenditure Plan 2018 7 The top ten desired public safety service outcomes: 1. Improve Priority 1 and Priority 2 response times to consistently meet and surpass Growth Management Oversight Commission • Priority 1 – Emergency Calls1. Properly equipped and staffed police units shall respond to at least 81% of Priority 1 calls within 7 minutes and 30 seconds and shall maintain an average response time of 6 minutes or less for all Priority 1 calls (measured annually). • Priority 2 – Urgent Calls2. Properly equipped and staffed police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). 2. Expand the Homeless Outreach Team to help address the City’s most pressing social needs 3. Improve Community Patrol staffing to provide for 40% pro-active time. This will result in an organization that is pro-active vs. reactive to crime and disorder trends 4. Improve Communications Center staffing and operations to improve first-line contact and service processing with the public 5. Improve Investigative capacity and follow-up in all major investigative units to maximize successful case resolution and provide better customer service to victims 6. Improve the Traffic Division’s operational footprint to proactively respond to traffic related problems and reduce traffic related deaths and injuries 7. Significantly expand the School Resource Officer Unit to more adequately serve the needs of growing school districts and the youth population of Chula Vista 8. Expand use of technology to streamline operations and support intelligence led policing practices 9. Expand the Department’s Community Policing Unit and community outreach efforts to foster stronger community ties 10. Provide for the expansion of services to the eastern section of the City by staffing a storefront or small substation with full-time staff during regular business hours. A similar storefront would be planned for the Bayfront tourist district to support a reconstituted bike team to patrol the tourist district 1 Priority 1 – Emergency Calls are life-threatening calls; felony in progress; probability of injury (crime or accident); robbery or panic alarms; urgent cover calls from officers. Response: Immediate response by two officers from any source or assignment, immediate response by paramedics/fire if injuries are believed to have occurred. 2 Priority 2 – Urgent Calls are misdemeanor in progress; possibility of injury; serious non-routine calls (domestic violence or other disturbances with potential for violence). Response: Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.) 2018-02-27 Agenda Packet Page 44 Intended Public Safety Expenditure Plan 2018 8 Fire Department Critical Needs The mission of the Chula Vista Fire Department (CVFD) is to protect life, environment and property. Carrying out that mission is very complex and becomes more complex with each passing year. The Public Safety Staffing Report, as presented to the City Council on September 26, 2017, evaluated CVFD’s core capabilities and services and compared them against outcome based performance metrics that are supported by appropriate regulations, industry standards and best practices. As the City’s population grows, there will be a subsequent increase in demand for fire and emergency services (call volume). Urban planning has and continues to move toward higher housing densities and it is critical for the Fire Department to support the additional population, as well as prepare for wildland fire events, natural disasters, and the present threat of active shooter incidents and terrorism. The variety of service demands will require a shift in how the Fire Department deploys and delivers services, with the outcome focused on protecting life and property. The following includes a summary of the staffing needs as identified by the Fire Department. A more detailed discussion is available in the Public Safety Staffing report. Current Coverage 2018-02-27 Agenda Packet Page 45 Intended Public Safety Expenditure Plan 2018 9 Fire Department Phase I and II - Critical Staffing Needs Fire Department emergency operations performance standards are focused on outcomes of core functions and services provided. The Fire Department has found that by establishing the following three metrics, all other services are met when these are achieved. Meeting these me trics also provides the highest level of service to the residents of Chula Vista. Fire; First Unit On-Scene First unit on-scene within seven minutes 90% of the time, with four firefighters, is known as the Initial Attack Force. This Attack Force establishes command at the scene, initiates an attack on the fire, and performs search and rescue. The key function of this metric is to maintain distribution and reliability of resources. If a unit arrives prior to the seven-minute mark and initiates fire attack prior to flashover occurring, the survivability within the room of origin increases and fire loss is reduced. Fire; Effective Response Force 14 firefighters on-scene within ten minutes 90% of the time is known as the Effective Response Force and capable of command and control of the scene, establishing a water supply, supporting and backing up fire attack, completing search and rescue, performing ventilation of heat and smoke, providing a Rapid Intervention Crew and a Safety Officer. Fighting a fire requires the right number of personnel and resources to meet this metric. The critical tasks required by the Effective Response Force include coordinating and allocating resources, extinguishing the fire, searching for victims, and performing ventilation. By having the correct number of firefighters on-scene in a timely manner, the fire can be extinguished and firefighters can then tend to property conservation tasks. EMS; First Unit On-Scene In the case of emergency medical events, having the first unit on-scene within seven minutes 90% of the time is crucial to a positive outcome for the patient. Units must establish comm and, provide basic life support and initiate advanced life support patient care. Arriving prior to the seven-minute mark provides Positions Phase I Phase II Total Deputy Chief 1.0 1.0 2.0 Fire Captain 8.0 12.0 20.0 Fire Engineer - 12.0 12.0 Firefighter/Paramedic 8.0 12.0 20.0 Firefighter 18.0 18.0 36.0 Fire Inspector/Investigator II - 3.0 3.0 Public Education Specialist 1.0 - 1.0 Total Fire Personnel 36.0 58.0 94.0 Note: In addition to the positions listed above, the intented spending plan allocates resources to support staff reimbursements, vehicles and IT equipment needs. 2018-02-27 Agenda Packet Page 46 Intended Public Safety Expenditure Plan 2018 10 basic life support patient care to stabilize the sick and injured. Once the patient is stabilized, advanced life support skills can be initiated prior to the arrival of the transporting ambulance. With the arrival of the first on-scene unit within seven minutes, survivability increases significantly. Fire Prevention/Investigation Within the Fire Prevention Division, the primary outcome metric is to identify and eliminate hazards. Therefore, it is important that the Division complete all required inspections. These metrics are used to determine if the Fire Prevention Division is accomplishing its goals. The Division’s current metrics are: For Fire Code Inspection services, the following performance metrics shall be met: • Complete 100% of permitted occupancy inspections annually • Complete 100% of California State Fire Marshal regulated occupancy inspections annually • New business license inspections are completed within 30 days For Fire Safety Engineering services, the following performance metrics shall be met: • Complete 90% of plan reviews within the established time frames For Fire Investigation services, the following performance metrics shall be met: • 100% of fire origin and cause investigations performed by Fire Prevention personnel For Community Risk Reduction Education services, the following performance metrics shall be met: • Complete 200 public education/outreach sessions/classes/events annually Recommendation 1 In FY 2019, fund one additional firefighter on four of eight engine companies. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) to engines 51, 52, 55 and 57; adding 12 full time employees to the Fire Department’s authorized staffing. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: 2018-02-27 Agenda Packet Page 47 Intended Public Safety Expenditure Plan 2018 11 Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement *West **Central EMS; First Unit 81.1% 81.3% (+) .3% (+) .8% Fire; First Unit 44.7% 58.4% (+) 18.6% (+) 6% Fire; EFF 49.7% 54.3% (+) 1.7% (+) 15% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 2 In FY 2020, fund the Millenia fire station (fire station 10) engine company. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing. This recommendation is driven by development and new growth of the Millenia and University areas of the City. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement ***East FS7 EMS; First Unit 81.1% 81.5% (+) 2.2% (+) 3.8% Fire; First Unit 44.7% 45.4% (+) 3.4% (+) 0% Fire; EFF 49.7% 51.7% (+) 10.2% (+) 13.2% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 3 In FY 2020, fund two squad response units, located at fire station 7 and 10. This would provide four firefighters (1 Fire Captain and 1 Firefighter/Paramedic on each squad) daily, adding 8 full time employees to the Fire Department’s authorized staffing. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: 2018-02-27 Agenda Packet Page 48 Intended Public Safety Expenditure Plan 2018 12 Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement ***East FS8 EMS; First Unit 81.1% 82.3% (+) 5.5% (+) 8% Fire; First Unit 44.7% 48.5% (+) 8.2% (+) 23.5% Fire; EFF 49.7% 52.4% (+) 4.3% (+) 2.9% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 4 In FY 2020, fund a Deputy Fire Chief responsible for Fire Administration duties including fiscal management, human resources (staffing & professional standards), reporting, public information, statistics and data management. Recommendation 5 In FY 2020, fund a Public Education Specialist responsible for community risk reduction education including completing community risk assessments, community education program development and coordination. Recommendation 6 In FY 2021, fund two squad response units, located at fire station 6 and 8. This would provide four firefighters (1 Fire Captain and 1 Firefighter/Paramedic on each squad) daily, adding 8 full time employees to the Fire Department’s authorized staffing. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: 2018-02-27 Agenda Packet Page 49 Intended Public Safety Expenditure Plan 2018 13 Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement **Central FS4 EMS; First Unit 81.1% 82.2% (+) 2.8% (+) 3% Fire; First Unit 44.7% 48.2% (+) 9.6% (+) 22% Fire; EFF 49.7% 53% (+) 12.7% (+) 11.1% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 7 In FY 2021, fund one additional firefighter on the remaining four of eight engine companies. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily to engines 53, 54, 56 and 58; adding 12 full time employees to the Fire Department’s authorized staffing. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement **Central ***East EMS; First Unit 81.1% 81.1% (+) 0% (+) 0% Fire; First Unit 44.7% 54.8% (+) 24% (+) 21.7% Fire; EFF 49.7% 54% (+) 15% (+) 1.2% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 8 In FY 2022, fund the Bayfront fire station (fire station 11) engine company. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing. This recommendation is driven by development and new growth of the Bayfront area of the City. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: 2018-02-27 Agenda Packet Page 50 Intended Public Safety Expenditure Plan 2018 14 Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement *West EMS; First Unit 81.1% 82.9% (+) 3.1% Fire; First Unit 44.7% 51.7% (+) 12.2% Fire; EFF 49.7% 57.3% (+) 14.3% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 9 In FY 2023, fund the fire station 9 engine company. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing. This recommendation is driven by increasing call volume in southwest Chula Vista. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement **Central FS9 EMS; First Unit 81.1% 82.4% (+) 1.2% (+) 3.6% Fire; First Unit 44.7% 52.2% (+) 11.8% (+) 38.1% Fire; EFF 49.7% 61.4% (+) 22.4% (+) 57.4% Recommendation 10 In FY 2024, fund the Bayfront fire station (fire station 11) truck company. This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing. This recommendation is driven by development and new growth of the Bayfront area of the city. Implementation of this recommendation is forecasted to improve service delivery performance outcomes by the following: 2018-02-27 Agenda Packet Page 51 Intended Public Safety Expenditure Plan 2018 15 Metric Current City-Wide Performance City-Wide Performance Improvement Greatest Geographic Improvement *West FS9 EMS; First Unit 81.1% 81.3% (+) .3% (+) .3% Fire; First Unit 44.7% 51.2% (+) 10.3% (+) 1.9% Fire; EFF 49.7% 59.2% (+) 10.3% (+) 55.8% *West represents fire stations 1 & 5 **Central represents fire stations 2, 3, 4, 9 ***East represents fire stations 6, 7, 8 Recommendation 11 In FY 2025, fund one Deputy Fire Chief responsible for Support Services including information technology, facility management, fleet management, equipment management, supplies management and communication systems management. Recommendation 12 In FY 2025, fund three Fire Inspector/Investigators assigned to conduct life safety inspections in multi- family apartment/condominium buildings, mobile home parks and assist in completing a higher percentage of fire investigations. Coverage with Four Response Squads 2018-02-27 Agenda Packet Page 52 Intended Public Safety Expenditure Plan 2018 16 Phase I – Critical Needs Funding The City Council was provided an overview of various revenue options for consideration. In addition, the City Council heard the findings from the public opinion survey conducted in November 2017. After discussions regarding the critical needs and funding options, the City Council directed the City Manager to return with a proposal for Council consideration to place a half-cent sales tax measure before the voters to fund public safety critical needs. After reviewing the critical needs for each department, as well as the costing information to address the needs, staff has identified two phases to address the staffing shortage in public safety. Phase I outlines the most critical needs identified by the Police and Fire Departments for the next 10 years. Although addressing these needs does not fully address critical staffing needs entirely, it does allow the departments to significantly improve the service level provided to residents and businesses throughout the City. Phase I public safety critical needs could be funded by a half-cent sales tax measure which would generate approximately $17 million per year as demonstrated on page 21. Sales taxes, also referred to as transaction and use taxes, are an option for cities to consider when looking for significant additional funding. Sales taxes must be approved by registered voters to take effect. If the funds are intended to be used for a specific purpose a 2/3 voter approval is required. For general use sales taxes, a 50 percent plus one vote is required for approval. The combined local sales taxes are capped at two percent, with some exceptions allowed by state law. This means that cities are only able to add a 1 percent additional sales taxes when proposing a new measure. This is typically proposed in one-quarter cent, half-cent or one cent increments. The measure provides that any proposed expenditures of new sales tax revenues in the initial year will be presented in a form consistent with this Plan to the Citizen Oversight Committee prior to City Council consideration. For each subsequent year, the spending plan, after review by a Citizen Oversight Committee, will be included in the City Manager’s proposed budget for Council consideration as part of the annual budget process. The measure requires that expenditure of new sales tax revenues be tracked in a variety of ways. First, all new revenues will be accounted for in the General Fund as a separate line item. Any and all expenditures of Measure “Y”3 will be tracked and accounted for by City Finance Department staff in accordance with Generally Accepted Accounting Principles (GAAP). Second, an independent audit of Measure “Y” will be included as part of the City’s annual audit. Finally, a Citizen’s Oversight Committee will be formed to review and report compliance with the sales tax ordinance and spending guidelines contained in the Intended Public Safety Expenditure Plan. Note: This Plan is intended to guide City expenditures consistent with its terms. It does not, however, constitute a binding legal commitment on the City Council to approve any of the expenditures proposed herein. Provided that all proposed expenditures continue to be for public safety critical needs including support staff and equipment needs as outlined in the spending plan, this Plan may also be updated or 3 The initiative letter will be assigned by the County Registrar of Voters. 2018-02-27 Agenda Packet Page 53 Intended Public Safety Expenditure Plan 2018 17 amended from time to time by City staff, or by action of the City Council, in order to address changed priorities, standards and/or funding availability. There shall be no third party beneficiaries to the terms of this Plan. This Plan does not modify the terms of the sales tax measure. To the extent of any conflict between the terms of this Plan and the sales tax measure, the terms of the sales tax measure shall govern. Police Department – Summary of Phase I Critical Needs This report will focus on addressing Phase I critical needs and the anticipated fiscal impact of a half-cent sales tax measure. The following are the highest priority items for funding during Phase I: Police Department Phase I Implementation By Fiscal Year Adding 43 positions (29 police officers and 14 civilian positions) These positions would result in: • Enhanced community patrols by adding 16 sworn positions • 50% increase in School Resource Officers by adding 5 sworn positions • 55% increase in Traffic Safety staffing by adding 5 sworn positions • 26% increase in Dispatch/9-1-1 staffing by adding 7 dispatchers • Increase staffing in the Professional Standards Unit to conduct background investigations as part of the hiring process • Two additional Community Service Officers will allow officers to respond to higher priority calls for service 2018-02-27 Agenda Packet Page 54 Intended Public Safety Expenditure Plan 2018 18 Fire Department – Summary of Phase I Critical Needs Fire Department Phase I Implementation By Fiscal Year Adding 36 positions (35 uniformed personnel and 1 civilian position) These positions would result in: • Staff four Squad Units in the eastern areas of the City to improve response times where the largest performance gaps exist • Create a Public Education Specialist position to conduct community risk assessments for the development and delivery of fire safety education programs • Staffing the future Millenia & Bayfront Fire Station Engine Companies with a 4th firefighter increasing emergency scene productivity by 25%, reducing property damage and increasing safety to firefighters. • Staffing four current engine companies with a 4th firefighter increasing emergency scene productivity by 25%, reducing property damage and increasing safety to firefighters • Add one Deputy Fire Chief to support Fire Department growth with planning, directing and coordinating activities Citywide Support Staff Public Safety is a top priority in the City of Chula Vista. The City allocates approximately 67% of discretionary revenues to the Police and Fire Departments combined. This doesn’t include the citywide support staff in Finance, Human Resources, Information Technology, Administration, City Attorney and Public Works that spend a significant amount of time supporting public safety services. If the sales tax measure is approved, the spending plan does take into account an annual estimated reimbursement to the support departments. Some of the services provided by the support departments to public safety include payroll processing, deferred compensation, financial analysis, procurement, budgetary support, recruitment, employee benefits, workers compensation, employee performance, labor negotiations, public safety IT systems support, legal services, contractual oversight, risk management and facilities and equipment maintenance. The annual allocations to these departments may vary based on the time spent supporting public safety. The initial years may require additional funding due to recruitment costs and other support services. Positions FY 19 FY 20 FY 21 Total Deputy Chief - 1.0 - 1.0 Fire Captain - 4.0 4.0 8.0 Firefighter/Paramedic - 4.0 4.0 8.0 Firefighter 12.0 3.0 3.0 18.0 Public Education Specialist - 1.0 - 1.0 Total Fire Personnel 12.0 13.0 11.0 36.0 2018-02-27 Agenda Packet Page 55 Intended Public Safety Expenditure Plan 2018 19 Temporary Multi-Purpose Storefront and Public Safety Training Center A portion of the sales tax funds could also be allocated for a temporary public safety training facility in central Chula Vista. The facility would not be a permanent structure but could provide for joint training opportunities for Police and Fire personnel. The Fire Department currently utilizes the four-acre site in Rancho Del Rey located at 850 Paseo Ranchero for training purposes. The location provides both classrooms and training props designed for hands-on training experience. The funding would add an additional facility on the property to be used on a temporary basis. The Police Department would use portions of the temporary facility to enhance training and to provide a secure area from which officers patrolling the eastern sector of the City could work. At this time, CVPD does not have the personnel to staff a storefront facility, however, an appropriately designed temporary facility could enhance police service to central and eastern Chula Vista by allowing officers a secure area to work when they are not engaged in patrol activities. Depending on the design, there could also be public access to meet officers for reports or hold community meetings. It would also provide a training venue within the City limits for police officers. Many training venues are outside of the City limits, thus requiring additional travel time. Having a facility near the center of the City will reduce travel time, allow more time for training related activities and get officers back in service faster to serve the operational needs of the Police Department. An appropriately designed and staffed facility would also give the public an alternative to driving to the main police station for service. This would serve to support the Police Department personnel as it seeks to improve response times in the eastern area of the City. Phase II Critical Needs Funding Phase II public safety critical needs could move forward as the City’s economic base improves and major transformational projects begin moving forward such as the Bayfront and University development projects. Other funding options may also be considered in the future as part of the annual budget process. Phase II Funding Options Local governments receive revenues from a variety of sources. The detailed listing of all the City’s funding sources is included in both the Annual Adopted Budget and the Comprehensive Annual Financial Report. Following is a summary of other revenue sources which could be considered in the future to address Phase II if the City’s economic base does not grow sufficiently to fund additional critical needs. Parcel Taxes – Parcel taxes are another method for cities to raise new revenues. Like sales taxes, parcel taxes require registered voter approval. The key difference is that all parcel tax measures require 2/3 voter approval to pass. There is no specific cap on the level of parcel taxes that can be proposed for voter consideration. For example, with an additional $100 parcel tax, the City would generate approximately $10 million in new revenue annually. Special District Taxes – Special Districts come in a variety of forms. Some are used to build new infrastructure, while others are maintenance related to help preserve assets that were previously built. 2018-02-27 Agenda Packet Page 56 Intended Public Safety Expenditure Plan 2018 20 As it relates to public safety, the most common special district is a public safety community facilities district (CFD). Depending on the number of parcels and registered voters within the proposed taxing area, the approval of the tax may come from the property owner or registered voters. A 2/3 vote is typically required for approval of a new CFD. The most common application of a public safety CFD is to identify new development areas within a City and propose a new special tax in that area to maintain or enhance service levels for future residents. Special tax rates may vary depending on the type of residential and commercial development within the CFD boundaries. The main restriction of special district safety taxes is that the funds are earmarked and must be spent in the area in which the voters approved the measure (district boundaries). Fees – Fees are discussed in greater detail within the City’s Long Term Financial Plan. In general, fees can be established or increased with the vote of City Council. It is a best practice to set fees at full cost recovery, or the total cost of providing the services to the individual or company, when the services are provided to an individual and are not a general benefit to the community. For public safety purposes, fees may come in the form of administrative fees, permits or other activities provided to individuals. An example may be a fire response fee when responding to negligent behavior when a fire is started because of conditions not within code or a police false alarm fee to recover cost of non-incident alarms. Transient Occupancy Taxes – Transient Occupancy Taxes, also referred to as TOT, are taxes paid by hotel/motel guests when the duration of the stay is less than 30 consecutive days. A majority vote of the electorate is required to approve an increase in the TOT rate within a City. Currently, the City’s TOT rate is 10 percent. Each 2 percent increase in TOT would bring in an estimated $800,000 annually based on the existing hotels in the City. Also, recent projections by the City’s actuary does assume that the escalating pension costs will level off in approximately 10 years which may provide for additional opportunities to fund Phase II critical needs as part of the regular budget process. These assumptions are very preliminary as CalPERS continues to recommend changes which may prolong the pension cost impacts to all participating agencies. Conclusion The longer-term projections for the City’s General Fund continue to pose serious challenges because revenues are not expected to be sufficient to cover current costs or new costs that are on the horizon. Because the City has limited abilities to impact near-term revenue, staff will continue to identify cost saving measures and address economic development opportunities throughout the City. It is unlikely that the City will be able to address public safety’s critical staffing needs discussed in this report without a new revenue source. This report identified the Phase I public safety critical needs that could be funded through a half-cent sales tax measure. Phase II could be addressed as the City continues to grow and new economic development projects become a reality. The additional critical needs could be considered as part of the annual budget process as the City works through its fiscal challenges. 2018-02-27 Agenda Packet Page 57 Intended Public Safety Expenditure Plan 2018 21 Intended Public Safety Spending Plan (Estimated Costs)Estimated One-half Cent Sales Tax RevenuesPhase I - Critical NeedsThe spending plan are estimates and actuals will vary depending on positons hired as well as actual salaries and benefits.Police Department Spending PlanFiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total To Date2018-19 2019-20 2020-21 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 (2 Qtrs Only) Beginning Police Department Funds Available-$ 1,778,073$ 5,980,069$ 7,388,597$ 6,818,276$ 6,278,744$ 5,529,139$ 4,531,274$ 3,444,878$ 2,122,363$ 570,947$ Estimated 1/2 cent Sales Tax Revenues4,000,000$ 8,500,000$ 8,670,000$ 8,843,400$ 9,020,268$ 9,200,673$ 9,384,687$ 9,572,381$ 9,763,828$ 9,959,105$ 10,158,287$ 97,072,628$ Estimated Funds Available - Police Department 4,000,000$ 10,278,073$ 14,650,069$ 16,231,997$ 15,838,544$ 15,479,417$ 14,913,826$ 14,103,655$ 13,208,706$ 12,081,468$ 10,729,234$ 97,072,628$ FTEProposed Expenditures16Peace Officers 764,822$ 1,416,705$ 2,554,454$ 3,579,030$ 3,749,848$ 3,910,196$ 4,088,270$ 4,249,531$ 4,427,238$ 4,602,848$ 4,754,141$ 38,097,083$ 8 Police Agents195,146 619,508 1,302,879 1,825,003 1,911,637 1,992,900 2,083,147 2,164,786 2,254,750 2,343,594 2,420,002 19,113,352 5 Police Sergeants- 464,517 976,003 1,280,476 1,339,919 1,395,327 1,456,960 1,512,205 1,573,162 1,633,046 1,683,726 13,315,341 Sworn - non-personnel costs89,360 131,535 192,787 138,453 - - - - - - - 552,135 2 Civilian Background Investigator206,068 214,918 224,109 233,435 242,638 251,846 262,028 269,296 278,944 288,628 301,087 2,772,997 2 Community Services Officer- - 96,310 200,706 208,724 216,783 225,688 232,229 240,787 249,427 260,420 1,931,074 1 Detention Facilities Manager- - - 202,006 209,695 217,293 225,712 231,240 238,906 246,467 256,516 1,827,834 1 Police Comm Systems Manager- - - 191,226 198,525 205,744 213,743 219,031 226,339 233,555 243,122 1,731,284 7 Police Dispatcher 241,531 628,797 916,556 953,254 989,377 1,025,426 1,065,238 1,093,384 1,130,849 1,168,322 1,216,643 10,429,376 1 Sr. Police Technology Specialist- 172,969 180,268 187,618 194,786 201,879 209,736 214,945 222,132 229,234 238,639 2,052,205 Civilian Non-Personnel Costs (Supplies, furniture etc)15,000 19,055 17,357 10,229 - - - - - - - 61,641 Computers and other equipment100,000 150,000 250,000 100,000 100,000 100,000 100,000 - - - 900,000 Police Vehicles, Outfitting, Maint., Fuel etc.110,000 165,000 220,000 165,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 1,010,000 Temporary Public Safety Training Facility200,000 - - - - - - - - - - 200,000 Reimbursement for Support Staff (IT, Fin, HR, PW, Attorney)300,000 315,000 330,750 347,288 364,652 382,884 402,029 422,130 443,237 465,398 488,668 4,262,036 43Total Police Department Proposed Expenditures2,221,927$ 4,298,004$ 7,261,472$ 9,413,721$ 9,559,800$ 9,950,278$ 10,382,552$ 10,658,777$ 11,086,344$ 11,510,520$ 11,912,964$ 98,256,359$ Ending Police Department Available Funds 1,778,073$ 5,980,069$ 7,388,597$ 6,818,276$ 6,278,744$ 5,529,139$ 4,531,274$ 3,444,878$ 2,122,363$ 570,947$ (1,183,730)$ (1,183,730)$ Fire Department Spending PlanFiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total to Date2018-19 2019-20 2020-21 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 (2 Qtrs Only) Beginning Fire Department Funds Available-$ 745,141$ 3,267,048$ 3,991,644$ 3,217,152$ 3,548,231$ 3,704,245$ 3,752,309$ 3,624,683$ 3,289,518$ 2,749,933$ Estimated 1/2 cent Sales Tax Revenues4,000,000$ 8,500,000$ 8,670,000$ 8,843,400$ 9,020,268$ 9,200,673$ 9,384,687$ 9,572,381$ 9,763,828$ 9,959,105$ 10,158,287$ 97,072,628$ Estimated Funds Available for Fire Department Spending Plan4,000,000$ 9,245,141$ 11,937,048$ 12,835,044$ 12,237,420$ 12,748,905$ 13,088,932$ 13,324,690$ 13,388,511$ 13,248,623$ 12,908,220$ 97,072,628$ FTEProposed Expenditures1 Deputy Chief-$ 283,370$ 298,046$ 313,136$ 327,918$ 341,610$ 356,855$ 370,392$ 385,337$ 399,933$ 412,071$ 3,488,667$ 8 Fire Captain- 909,273 1,906,960 1,998,272 2,088,751 2,174,377 2,269,086 2,355,866 2,451,158 2,545,849 2,629,013 21,328,606 18Firefighter2,009,627 2,650,235 3,338,204 3,501,925 3,665,303 3,821,732 3,994,627 4,155,689 4,332,537 4,510,101 4,670,317 40,650,296 8 Firefighter/Paramedic- 776,977 1,630,704 1,710,146 1,789,180 1,864,467 1,947,722 2,024,724 2,109,293 2,193,835 2,269,248 18,316,296 1 Public Education Specialist- 118,851 123,885 128,932 133,828 138,641 143,938 147,390 152,141 156,778 161,515 1,405,897 Academy Costs673,200 629,442 - - - - - - - - - 1,302,642 Personal Protective Equipment Maintenance22,032 44,945 66,856 68,193 69,557 70,948 72,367 73,815 75,291 76,797 78,333 719,134 Computers and other equipment/furniture50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 550,000 Fire Vehicles, Outfitting, Maint., Fuel etc.- 200,000 200,000 1,500,000 200,000 200,000 100,000 100,000 100,000 100,000 100,000 2,800,000 Temporary Public Safety Training Facility200,000 - - - - - - - - - - 200,000 Reimbursement for Support Staff (IT, Fin, HR, PW, Attorney)300,000 315,000 330,750 347,288 364,652 382,884 402,029 422,130 443,237 465,398 488,668 4,262,036 36Total Fire Department Proposed Expenditures3,254,859$ 5,978,093$ 7,945,404$ 9,617,892$ 8,689,189$ 9,044,660$ 9,336,623$ 9,700,006$ 10,098,993$ 10,498,690$ 10,859,165$ 95,023,574$ Ending Fire Department Available Funds745,141$ 3,267,048$ 3,991,644$ 3,217,152$ 3,548,231$ 3,704,245$ 3,752,309$ 3,624,683$ 3,289,518$ 2,749,933$ 2,049,055$ 2,049,055$ Combined Police and Fire Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total to Date2018-19 2019-20 2020-21 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 (2 Qtrs Only)Beginning Available Funds-$ 2,523,214$ 9,247,117$ 11,380,241$ 10,035,428$ 9,826,975$ 9,233,384$ 8,283,583$ 7,069,561$ 5,411,881$ 3,320,880$ Total Combined Revenues8,000,000$ 17,000,000$ 17,340,000$ 17,686,800$ 18,040,536$ 18,401,347$ 18,769,374$ 19,144,761$ 19,527,656$ 19,918,209$ 20,316,574$ 194,145,257$ Total Combined Expenditures5,476,786$ 10,276,098$ 15,206,876$ 19,031,613$ 18,248,989$ 18,994,938$ 19,719,174$ 20,358,783$ 21,185,337$ 22,009,210$ 22,772,129$ 193,279,933$ Ending Available Funds2,523,214$ 9,247,117$ 11,380,241$ 10,035,428$ 9,826,975$ 9,233,384$ 8,283,583$ 7,069,561$ 5,411,881$ 3,320,880$ 865,324$ 865,324$ Notes: FTE - Full Time Equivalent PositonReimbursement for Support Staff include a 5% escalator per year.Actual items approved for spending will be considered as part of the annual budget.Fire Vehicles includes portion of Bayfront not paid by new development.Actual hiring will vary depending on recruitments.Sales Tax Revenue projections include a 2% escalator per year.Actual expenditures per year will vary based on actual activity and revenues Phase I - Critical Needs FundingPhase I - Critical Needs FundingTotal Phase I - Critical Needs Funding2018-02-27 Agenda Packet Page 58 City of Chula Vista Staff Report File#:17-0532, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARK MASTER PLAN FOR THE 3.6-ACRE P-6 PUBLIC NEIGHBORHOOD PARK, LOCATED IN MILLENIA, AND APPROVING THE PARK NAME “MILLENIA PARK” RECOMMENDED ACTION Council adopt the resolution. SUMMARY This report presents the draft Park Master Plan for the fourth Millenia Park P-6 and seeks approval of the plan and the park’s name, “Millenia Park.” ENVIRONMENTAL REVIEW Environmental Notice The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no additional environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no additional environmental review is required. BOARD/COMMISSION RECOMMENDATION On January 18, 2018 the Parks and Recreation Commission recommended approval of the draft Park Master Plan for the 3.6-acre turn-key public neighborhood park located in the Southwest part of Millenia and recommended approval of the park’s name, “Millenia Park.” The Parks and Recreation Commissioners would like the design team to consider the following items during the design development of the park: Selecting restroom materials that do not harbor bacteria, consider the optimum locations of hand washing facilities, consider the feasibility of solar panels, and consider a hard standing area off the field for goals storage (Attachment 1, Parks and Recreation Commission minutes). DISCUSSION Background The SPA plan for Millenia, formerly known as the Eastern Urban Center, was adopted by City Council City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 59 File#:17-0532, Item#: 3. The SPA plan for Millenia, formerly known as the Eastern Urban Center, was adopted by City Council on October 6, 2009, Resolution No.2009-224 and Ordinance No. 3142. The SPA plan for Millenia includes an Urban Parks, Recreation, Open Space and Trails Plan that describes a system of parks, plazas and trails within the development, as well as an overall master plan for six parks within the development, describing their locations, how the park obligations will be met, overall design concepts, and program elements to be included within each park. This 3.6-acre park site is located on Millenia Avenue, and it was offered for dedication to the City on Final Subdivision Map No. 16081 recorded at the County Recorder’s Office on December 28, 2015. There was an adjustment to the lot line in January 2017 to provide a better interface with the proposed residential development site to the south. Millenia Parks Agreement The Millenia project meets its park obligations, as stated in Chapter 17.10 of the Chula Vista Municipal Code (“Municipal Code” or “CVMC”), through a combination of parkland dedication, parkland development improvements and in-lieu fees. The ways in which these provisions are to be made are documented in detail in the “Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center” (Park Agreement) Resolution No.2009-226 approved on September 15, 2009 by City Council. The Millenia parks are to be provided through the “turn-key” method where the developer constructs the park on behalf of the City in-lieu of paying park development fees. The Park Agreement makes provision for an increased level of park amenities than are typically included in a Chula Vista Park. The associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities. In addition, the developer will provide recreation facilities along the jogging trails through the business district for which they may receive credit, as well as meeting the remaining portion of their obligation with in-lieu fees. The Park Agreement allows for the City to approve special event programming in Millenia parks to help encourage the sense of community. The Millenia master developer and the landscape consultants, Kimley Horn, have entered into a two- party agreement for the design of the Southwest Park. Southwest Park (P-6) The overall theme for the park is “Motion.” The draft master plan for the park (Attachment 2) includes the following elements: ·Restroom Building (with storage) ·Versatile Use Plaza ·Picnic/BBQ areas (rentable) ·Tot lot with safety surfacing ·Nature play area ·Multipurpose field with bermed seat wall ·Movable tables and chairs ·Drinking fountain ·2 Tennis courts with fencing and adaptive striping ·1 Basketball court and adaptive striping City of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 60 File#:17-0532, Item#: 3. ·Perimeter jogging trail and walks ·Walkway lighting ·Trash enclosure ·Accessible parking space on adjacent private driveway The park serves the immediate community therefore no on-site parking will be provided; however, there will be an ADA accessible parking space with access to the park on the adjacent private driveway. Special Maintenance Provisions The Park Agreement makes provision for a more enhanced level of park maintenance than the Chula Vista General Fund typically allows for. Fifty percent of the maintenance cost will be the City’s average annual cost per acre for park maintenance. To match this amount, 50%, will be contributed to the City by a Community Facilities District (discussed below) that assesses future development in Millenia. This enables the City to maintain the parks with more maintenance intensive features at no additional cost to the General Fund. Community Facilities District (CFD) 14M (a “Mello-Roos District”) administers funds for Millenia’s public infrastructure maintenance. The resident’s special tax contribution represents the cost of 50% of the park maintenance costs. The City’s General Fund allocates an equivalent to 50% of the parks maintenance costs annually to this same CFD thereby covering 100% of the parks maintenance costs. This mechanism has been established to ensure that the funds for the maintenance of Millenia’s parks are used exclusively for maintaining the Millenia Parks. 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 property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council members, 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 proposed P6 park addresses the Healthy Community and Connected Community goals as it seeks to provide recreational opportunities for residents. CURRENT YEAR FISCAL IMPACT There is no current fiscal year impact to the City. City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 61 File#:17-0532, Item#: 3. ONGOING FISCAL IMPACT This is a turn-key park meaning that the developer builds the park on behalf of the City to meet their park obligations. There will be no capital cost to the City for the creation of this park. The ongoing fiscal impact to the General Fund will be 50% of the cost per acre for the maintenance of the park as described in the discussion section of this report. The budget for the development of the park is $ 4.22 million ($ 3.38 million construction costs and $ 0.84 million soft costs.) ATTACHMENTS 1. Minutes from the Parks and Recreation Commission meeting dated Jan 18th, 2018. 2. Draft Park Master Plan Staff Contact: Mary Radley, Landscape Architect, Development Services Department City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 62 2018-02-27 Agenda Packet Page 63 2018-02-27 Agenda Packet Page 64 2018-02-27 Agenda Packet Page 65 2018-02-27 Agenda Packet Page 66 2018-02-27 Agenda Packet Page 67 2018-02-27 Agenda Packet Page 68 2018-02-27 Agenda Packet Page 69 2018-02-27 Agenda Packet Page 70 2018-02-27 Agenda Packet Page 71 2018-02-27 Agenda Packet Page 72 2018-02-27 Agenda Packet Page 73 2018-02-27 Agenda Packet Page 74 2018-02-27 Agenda Packet Page 75 2018-02-27 Agenda Packet Page 76 2018-02-27 Agenda Packet Page 77 2018-02-27 Agenda Packet Page 78 2018-02-27 Agenda Packet Page 79 RESOLUTION NO. 2018-XXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 3.6-ACRE P-6 PUBLIC NEIGHBORHOOD PARK, LOCATED IN MILLENIA, AND APPROVING THE PARK NAME, “MILLENIA PARK” WHEREAS,the Sectional Planning Area (SPA) plan for the Eastern Urban Center (now “Millenia”) was adopted by City Council on October 6, 2009 in accordance with Resolution No. 2009-224 and Ordinance No. 3142; and WHEREAS, the SPA plan for Millenia includes an Urban Parks, Recreation, Open Space and Trails Plan that describes a system of parks, plazas and trails within the development, as well as, an overall master plan for six parks within the development; and WHEREAS, the subject 3.6-acre park site (Park P-6) is located on Millenia Avenue, and it was offered for dedication to the City on Final Subdivision Map No. 16081, recorded at the County Recorder’s Office on December 28, 2015 with an adjustment to the lot line completed in January 2017; and WHEREAS, the Millenia project meets its park obligations, as stated in Chapter 17.10 of the Chula Vista Municipal Code (“Municipal Code” or “CVMC”), through a combination of parkland dedication, parkland development improvements and in-lieu fees; and WHEREAS, park provisions are documented in detail in the “Agreement Regarding Construction of Parks in a portion of Otay Ranch Eastern Urban Center” (Park Agreement), Resolution No. 2009-226, approved on September 15, 2009 by the City Council; and WHEREAS, the Millenia parks are to be provided through the “turn-key” method where the developer constructs the park on behalf of the City in-lieu of paying park development fees; and WHEREAS, the Park Agreement makes provision for an increased level of park amenities than are typically included in a Chula Vista park and the associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities; and WHEREAS, the Millenia master developer and the landscape consultants, Kimley Horn, have entered into a two-party agreement for the design of Park P-6; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) SPA Plan and Tentative Map. Thus, no additional environmental review is required;and 2018-02-27 Agenda Packet Page 80 WHEREAS, the Parks and Recreation Commission approved the P-6 Park, Park Master Plan and park name, with a number of recommendations to be considered during the preparation of the construction drawings, at its meeting on January 18, 2018, as reflected in the Minutes thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Park Master Plan for the 3.6 acre P-6 public neighborhood park, located in Millenia, and the name, “Millenia Park.” Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2018-02-27 Agenda Packet Page 81 City of Chula Vista Staff Report File#:18-0061, Item#: 4. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2017 RECOMMENDED ACTION Council accept the report. SUMMARY Transmitted herewith is the City’s investment report for the quarter ended December 31, 2017. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in January. 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 involves only acceptance of the Quarterly Investment Report; therefore it is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The total cash and investment portfolio held by the City as of December 31, 2017 was $222,676,453 and total cash and investments held by the trustees was $156,126,894. The cash and investments held by the City are composed of the following components: Managed Investment Portfolio ($151,676,446), State of CA Local Agency Investment Fund ($1,661,174), County of San Diego Pooled Investment Fund ($52,466,692), Cash/Time Deposits ($17,154,181), and accrued interest on investment ($787,241). As of December 31, 2017, unrealized loss on the Managed Investment Portfolio and Pooled Investments was ($1,069,281). Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code City of Chula Vista Printed on 2/22/2018Page 1 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 82 File#:18-0061, Item#: 4. and the Council Investment Policy as adopted by Resolution 2017-078 on May 23, 2017. During the quarter, four investments matured totaling $10,000,000. Four purchases were made to replace those investments and invest idle cash. Purchased investments include: two U.S. Treasury Notes ($6,000,000) and two commercial paper ($4,500,000). Public Financial Management (PFM), the City's investment advisor, continues to monitor the portfolio and will make recommendations as financial and economic conditions warrant. There is no further activity to report on other than routine investments by the City's fiscal agents. In December, the Federal Open Market Committee (FOMC) raised the federal funds target rate by a quarter of a percent to a range of 1.25% to 1.50%. This was the third rate increase in calendar year 2017. Three rate hikes are expected for 2018. Two-year Treasuries yielding 1.49% at the beginning of the quarter ended higher at the end of the quarter at 1.89%, which was an increase of 40 basis points for the quarter. As of December 31, 2017, the Yield to Maturity at Cost on the Managed Investment Portfolio was 1.55%, which was an increase of four basis points from the previous quarter. At the end of this quarter, the weighted average maturity of the Managed Investment Portfolio was 1.37 years which is a decrease from 1.57 the previous quarter and is within the Council Policy. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d) (1). Consequently, this item does not present a 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 investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City’s cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. City of Chula Vista Printed on 2/22/2018Page 2 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 83 File#:18-0061, Item#: 4. ATTACHMENTS 1. Summary of Cash and Investments as of December 31, 2017 2. PFM Investment Report for the Quarter Ended December 31, 2017 Staff Contact: Lisa Partee, Fiscal Management Analyst, Finance Department David Bilby, Director of Finance/Treasurer, Finance Department City of Chula Vista Printed on 2/22/2018Page 3 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 84 % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $1,622,738 $1,622,738 $1,622,738 0.43% U.S. Treasury Bond/Note 64,930,000 64,362,010 64,916,418 17.14% Federal Agency Collateralized Mtg Ob.684,633 682,352 691,488 0.18% Federal Agency Bond/Note 3,000,000 2,992,662 3,000,000 0.79% Corporate Note 42,001,000 42,189,626 42,578,741 11.24% Commercial Paper 21,000,000 20,880,821 20,784,908 5.49% Certificate of Deposit 13,000,000 12,954,107 12,999,514 3.43% Asset Back Security/Collateralized Mtg Ob. 5,081,681 5,057,977 5,082,640 1.34% Managed Investment Portfolio Subtotal 151,320,051 150,742,293 151,676,446 40.04% Pooled Investments State of CA Local Agency Investment Fund 1,661,174 1,658,007 1,661,174 0.44% County of San Diego Pooled Investment Fund 52,466,692 52,157,138 52,466,692 13.85% Pooled Investments Subtotal 54,127,865 53,815,145 54,127,865 14.29% Cash/Time Deposits 17,154,181 17,154,181 17,154,181 4.53% Unrealized Gain/(Loss) on Fair Market Value (1,069,281) (1,069,281) (1,069,281) -0.28% Accrued Interest 787,241 787,241 787,241 0.21% Total Cash & Investments Held by the City $222,320,058 $221,429,579 $222,676,453 58.78% Held by Bank Trustee/Fiduciary Funds (1) Investment Agreements 0 0 0 0.00% Mutual Funds 107,615,127 107,615,127 107,615,127 28.41% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 797,766 797,766 797,766 0.21% U.S. Government 47,714,001 47,714,001 47,714,001 12.60% Total Held by Bank Trustee/Fiduciary Funds $156,126,894 $156,126,894 $156,126,894 41.22% Total Portfolio $378,446,952 $377,556,473 $378,803,347 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. LAIF market value on the PFM statement does not include the market value factor as included in the market value above. 5. COSD Pooled Investment Fund market value on the PFM statement does not include the market value factor as included in the market value above. 6. Book value is par value of the security plus or minus any premium or discount and accrued interest included in purchase price. Summary of Cash and Investments as of December 31, 2017 City of Chula Vista 2018-02-27 Agenda Packet Page 85 City of Chula Vista Quarter Ended December 31, 2017 Security Type1 Market Value2 % of Portfolio Policy Limits U.S. Treasuries $64,362,010 31% 100% Federal Agencies $2,992,662 1% 100% Federal Agency CMOs $682,352 0% 100% Municipal Obligations $0 0% 100% Commercial Paper $20,880,821 10% 25% Negotiable CDs $12,954,107 6% 30% Corporate Notes $42,189,626 21% 30% Asset-Backed Securities $5,057,977 3% 20% Money Market Fund $1,622,738 1% 20% San Diego County Pool $52,466,692 26% 100% LAIF $1,661,174 1% $65 Million Totals $204,870,158 100% Par Value Amortized Cost 4Q17 Acrual Basis Earnings $572,960 Weighted Average Maturity (years)Fiscal Year 2017-18 Initial Earnings Forecast $2,200,333 Effective Duration (years)Fiscal Year 2017-18 Current Earnings Forecast $2,305,392 Yield to Maturity at Cost Variance to Initial Forecast $105,059 Yield to Maturity at Market Notes: 1. End of quarter trade-date market values of portfolio holdings, excluding accrued interest. Percentages may not add to 100% due to rounding. 2. Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 4. The "Not Rated" category comprises asset-backed securities rated Aaa by Moody's. 5. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 6. Accrual earnings forecast are calculated on an amortized cost, settle basis. Projected earnings for January 2018 through June 2018 were based on portfolio holdings as of December 31, 2017, $149.7 million par. Earnings for October 2017, November 2017 and December 2017 are based on actual accrual basis earnings. As current holdings mature, proceeds are assumed to be reinvested in a) a maturity that reblances the portfolio near its current duration, 1.27 as of December 31, 2017. b) at a yield based on assumed maturity and US Treasury curve, as of January 11, 2017. Projected earnings assume callable securities trading at a premium are called at their next call date and are subsequently reinested at the assumptions noted above. We cannot gaurantee earnings forecasts, which are subject to market fluctuations, changes in cash flows, and reinvestment rates. Past performace in not indicative of future results. 1.88% Summary of Portfolio Characteristics and Key Statistics Sector Distribution Credit Quality (S&P Ratings)3,4 Maturity Distribution Key Statistics5 Earnings6 $205,447,917 $205,613,300 1.37 1.27 1.55% 3. Citigroup, Goldman Sachs, and Morgan Stanley Corporate Notes rated BBB+ by S&P and rated A by Fitch. U.S. Treasuries 31% Federal Agencies 1% Federal Agency CMOs <1%Commercial Paper 10% Negotiable CDs 6% Corporate Notes 21% Asset-Backed Securities 3% Money Market Fund 1% San Diego County Pool 26% LAIF 1% AAA 2%AA 37% A 19% BBB 2%A-1 (Short- term) 12% Money Market Fund 1% AAAf/S1 (San Diego County) 25% Not Rated 1% Not Rated (LAIF) 1% 41% 15% 27% 14% 3% 0% 0% 10% 20% 30% 40% 50% Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsPercentage of Total Portfolio12018-02-27 Agenda Packet Page 86 QUARTERLY MARKET SUMMARY For the Quarter Ended December 31, 2017 Fixed Income Management SUMMARY •The fourth quarter came to a close with an exclamation point from Washington, as lawmakers agreed on an historic tax cut bill. The tax overhaul is projected to provide an economic boost, for at least the near term, as the top corporate tax rate was slashed from 35% to 21% and personal tax levels were reduced across the board. While the long term impact is yet to be determined, immediate market reaction has been positive. •True to their “dot plot” forecasts, the Federal Open Market Committee (FOMC or Fed) raised the federal funds target rate by a quarter of a percent to a range of 1.25% to 1.50% at its December meeting. This marked the third time in calendar year 2017 that the Fed raised rates. The FOMC also provided projections that include three more expected hikes in 2018. Across the pond, the United Kingdom bumped its overnight rate back up to 0.50%, following a temporary cut to 0.25% following the 2016 Brexit vote. •Early 2018 will see a changeover at the Fed as Chair Janet Yellen will be replaced by Jerome Powell. As an existing Federal Reserve board member, Mr. Powell is viewed as a “Republican version of Yellen” and someone who is likely to follow a similar path for modest tightening of monetary policy amid stubbornly low inflation. Perhaps in contrast, he has voiced a preference for tailoring regulations to relieve the burden on smaller community banks. •While bond yields generally increased over the quarter, so did equity prices. The S&P 500 Index returned 6.6% for the quarter, setting multiple new record highs. The Dow Jones Industrial Average crossed both 23,000 and 24,000, levels never before breached, while the NASDAQ finished the year up over 30%. ECONOMIC SNAPSHOT •The U.S. economy notched back-to-back quarters of solid growth with GDP increasing at a 3.2% real rate for the third quarter, following a second quarter tally of 3.1%. 2017 capped the 8th straight year of recovery from the 2008-09 Great Recession – the third longest expansion of the past century. Initial fourth quarter estimates are for growth in the 2.5% to 3% range, with consumer spending and business investment fueling the growth. •The U.S. labor market remained strong, with the unemployment rate holding at a 15-year low of 4.1% during the quarter. Although job gains in December were disappointing, the economy added over 2 million net new jobs in 2017. At the same time, the labor force participation rate improved modestly, while wage growth over the past year was modest. •Prices remained well contained, running below the Fed’s desired 2% target for core inflation. But, oil and other commodities like copper, rebounded in the 2nd half of the year. •Outside of inflation, economic indicators have been strong: manufacturing, services and consumer confidence indexes reached multi-year highs, housing markets strengthened further and positive real GDP growth across the globe serve as positive backdrop for the new year. INTEREST RATES •Shorter-term Treasury yields (5 years and under) increased in the fourth quarter, largely on the run-up to the December FOMC rate hike. Long-term Treasury yields (10 years and longer) moved in the opposite direction, with the yield on a 30-year Treasury actually declining 12 basis points. This resulted in a much flatter yield curve. •In the cash and money market segment, yields on Treasury maturities less than one year increased 30 to 45 basis points in lockstep with the Fed’s expected rate hike trajectory. The increase of shorter Treasury yields led the market; yield increases on short credit (commercial paper and certificates of deposit) did not initially keep up. The result was tighter short-term credit spreads that persisted through quarter-end. SECTOR PERFORMANCE •U.S. Treasury benchmark returns, with the exception of the longest maturity benchmarks, were negative for the fourth quarter, as investment income was not able to fully offset the adverse impact of increasing interest rates on fixed income prices. •Federal agency securities performed in line with similar maturity Treasuries, as the sector’s narrow yield spreads provided little to no incremental income benefit, and relatively unchanged spreads over the quarter muted any additional excess return. •Corporate yield spreads tightened further, as spreads in the sector reached new post-recession tights. As a result, the corporate sector performed well in the quarter. Despite narrow spreads, corporate securities still offer risk-adjusted income pick-up. The sector is supported with a positive economic landscape and corporate fundamentals, and is poised for additional excess return potential over the near term. •The mortgage backed securities (MBS) sector performed well in the fourth quarter, generally outperforming Treasury and federal agency benchmarks; but, excess returns varied based on specific security structure. •High-quality asset-backed securities (ABS) also performed positively relative to Treasuries, as their yield spreads narrowed, and were near the top of the best performers for the quarter. •Short-term commercial paper and bank CDs continued to offer incremental value relative to both short and intermediate-term government securities. The incremental yield advantage offered in these sectors is a valuable return attribute in the face of rising rates. PFM Asset Management LLC 22018-02-27 Agenda Packet Page 87 QUARTERLY MARKET SUMMARY For the Quarter Ended December 31, 2017 Fixed Income Management Economic Snapshot Labor Market Sep '17 Dec '16 Unemployment Rate Dec'17 4.1%4.2%4.7% Change In Non-Farm Payrolls Dec'17 148,000 38,000 155,000 Average Hourly Earnings (YoY)Dec'17 2.5%2.8%2.9% Personal Income (YoY)Nov'17 3.8%2.9%1.6% Initial Jobless Claims (week)1/6/18 261,000 258,000 241,000 Growth Real GDP (QoQ SAAR)2017Q3 3.2%3.1%2.8% GDP Personal Consumption (QoQ SAAR)2017Q3 2.2%3.3%2.8% Retail Sales (YoY)Dec'17 5.4%5.0%3.8% ISM Manufacturing Survey (month)Dec'17 59.7 60.8 54.5 Existing Home Sales SAAR (month)Nov'17 5.81 mil. 5.37 mil. 5.51 mil. Inflation / Prices Personal Consumption Expenditures (YoY)Nov'17 1.8%1.7%1.8% Consumer Price Index (YoY)Dec'17 2.1%2.2%2.1% Consumer Price Index Core (YoY)Dec'17 1.8%1.7%2.2% Crude Oil Futures (WTI, per barrel) Dec 31 $60.42 $51.67 $53.72 Gold Futures (oz.)Dec 31 $1,309 $1,282 $1,152 Latest 0 150K 300K 450K 4% 5% 6% Dec '14 Jun '15 Dec '15 Jun '16 Dec '16 Jun '17 Dec '17 Unemployment Rate (left) vs. Change in Nonfarm Payrolls (right) Change In Non-Farm Payrolls Unemployment Rate 0% 2% 4% 6% Sep '14 Mar '15 Sep '15 Mar '16 Sep '16 Mar '17 Sep '17 Real GDP (QoQ) -1% 0% 1% 2% 3% Dec '14 Jun '15 Dec '15 Jun '16 Dec '16 Jun '17 Dec '17 Consumer Price Index CPI (YoY)Core CPI (YoY) 2 2 1 1 1. Data as of Second Quarter 2017. 2. Data as of Third Quarter 2016. Note: YoY = year-over-year, QoQ = quarter over quarter, SAAR = seasonally adjusted annual rate, WTI = West Texas Intermediate crude oil. Source: Bloomberg. PFM Asset Management LLC 32018-02-27 Agenda Packet Page 88 QUARTERLY MARKET SUMMARY For the Quarter Ended December 31, 2017 Fixed Income Management Source: Bloomberg. Interest Rate Overview U.S. Treasury Note Yields U.S. Treasury Yield Curve U.S. Treasury Yields Yield Curves as of 12/31/17 0% 1% 2% 3% 4%3-mo1-yr2-yr3-yr5-yr7-yr10-yr30-yrYieldMaturity December 31, 2017 September 30, 2017 December 31, 2016 Maturity Dec '17 Sep '17 Change over Quarter Dec '16 Change over Year 3-month 1.38% 1.05% 0.33% 0.50% 0.88% 1-year 1.74% 1.29% 0.45% 0.81% 0.93% 2-year 1.89% 1.49% 0.40% 1.19% 0.70% 5-year 2.21% 1.94% 0.27% 1.93% 0.28% 10-year 2.41% 2.33% 0.08% 2.45%(0.04%) 30-year 2.74% 2.86%(0.12%)3.07%(0.33%) 0% 1% 2% 3% 4% 5%3-mo1-yr2-yr3-yr5-yr7-yr10-yr25-yr30-yrYieldMaturity U.S. Treasury Federal Agency Industrial Corporates, A Rated 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 12/31/16 3/31/17 6/30/17 9/30/17 12/31/17Yield 2-Year 5-Year 10-Year PFM Asset Management LLC 42018-02-27 Agenda Packet Page 89 QUARTERLY MARKET SUMMARY For the Quarter Ended December 31, 2017 Fixed Income Management Source: BofA Merrill Lynch Indices. December 31, 2017 Duration Yield 3 Month 1 Year 3 Years 1-3 Year Indices U.S. Treasury 1.80 1.88%(0.25%)0.42% 0.62% Federal Agency 1.73 1.96%(0.19%)0.65% 0.77% U.S. Corporates, A-AAA rated 1.84 2.29%(0.05%)1.67% 1.54% Agency MBS (0 to 3 years)2.27 2.21% 0.03% 1.37% 1.19% Taxable Municipals 1.55 2.45% 0.06% 2.15% 1.99% 1-5 Year Indices U.S. Treasury 2.60 1.97%(0.38%)0.65% 0.90% Federal Agency 2.14 2.01%(0.25%)0.86% 0.98% U.S. Corporates, A-AAA rated 2.64 2.44%(0.10%)2.24% 1.98% Agency MBS (0 to 5 years)3.22 2.51%(0.11%)1.74% 1.40% Taxable Municipals 2.24 2.53% 0.05% 2.10% 2.40% Master Indices (Maturities 1 Year or Greater) U.S. Treasury 6.34 2.20% 0.11% 2.43% 1.46% Federal Agency 3.90 2.19% 0.00% 2.15% 1.54% U.S. Corporates, A-AAA rated 7.19 2.98% 1.07% 5.68% 3.50% Agency MBS (0 to 30 years)4.41 2.83% 0.14% 2.45% 1.86% Taxable Municipals 10.87 3.63% 2.34% 10.12% 5.17% As of 12/31/17 Returns for Periods ended 12/31/17 Returns for periods greater than one year are annualized. PFM Asset Management LLC BofA Merrill Lynch Index Returns 52018-02-27 Agenda Packet Page 90 QUARTERLY MARKET SUMMARY For the Quarter Ended December 31, 2017 Fixed Income Management DISCLOSURES PFM is the marketing name for a group of affiliated companies providing a range of services. All services are provided through separate agreements with each company. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. Investment advisory services are provided by PFM Asset Management LLC which is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request. For more information regarding PFM’s services or entities, please visit www.pfm.com. The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution and are subject to change. Information is obtained from sources generally believed to be reliable and available to the public; however, PFM Asset Management LLC cannot guarantee its accuracy, completeness, or suitability. This material is for general information purposes only and is not intended to provide specific advice or recommendation. The information contained in this report is not an offer to purchase or sell any securities. © 2017 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. PFM Asset Management LLC 62018-02-27 Agenda Packet Page 91 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 07/31/2013 1.375% 07/31/2018 4,494,024.00 4,508,569.26 25,893.34 4,544,648.44 07/06/1507/02/15AaaAA+ 4,500,000.00 912828VQ0 1.05 US TREASURY NOTES DTD 10/15/2015 0.875% 10/15/2018 2,980,548.00 2,980,236.48 5,625.00 2,979,960.94 12/28/1712/27/17AaaAA+ 3,000,000.00 912828L81 1.72 US TREASURY NOTES DTD 10/31/2011 1.750% 10/31/2018 3,894,848.10 3,916,272.04 11,674.24 3,977,008.01 08/05/1508/04/15AaaAA+ 3,895,000.00 912828RP7 1.09 US TREASURY NOTES DTD 12/02/2013 1.250% 11/30/2018 7,936,058.08 7,980,259.75 8,763.74 7,994,314.46 07/06/1507/02/15AaaAA+ 7,975,000.00 912828A34 1.18 US TREASURY N/B DTD 01/15/2016 1.125% 01/15/2019 2,978,202.00 2,979,008.31 15,591.03 2,978,789.06 12/28/1712/27/17AaaAA+ 3,000,000.00 912828N63 1.81 US TREASURY NOTES DTD 01/31/2012 1.250% 01/31/2019 993,750.00 998,326.03 5,230.98 994,023.44 02/23/1502/19/15AaaAA+ 1,000,000.00 912828SD3 1.41 US TREASURY NOTES DTD 06/02/2014 1.500% 05/31/2019 8,457,500.00 8,516,141.16 11,208.79 8,543,828.13 07/06/1507/02/15AaaAA+ 8,500,000.00 912828WL0 1.36 US TREASURY NOTES DTD 10/01/2012 1.000% 09/30/2019 2,034,588.75 2,054,719.54 5,275.96 2,039,348.83 04/27/1504/23/15AaaAA+ 2,065,000.00 912828TR1 1.29 US TREASURY NOTES DTD 10/01/2012 1.000% 09/30/2019 3,005,082.65 3,030,607.95 7,792.58 3,001,867.19 05/04/1505/01/15AaaAA+ 3,050,000.00 912828TR1 1.37 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 1,489,687.50 1,497,207.44 3,853.59 1,493,496.09 06/29/1506/26/15AaaAA+ 1,500,000.00 912828F62 1.60 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 8,441,562.50 8,500,310.17 21,837.02 8,500,664.06 07/06/1507/02/15AaaAA+ 8,500,000.00 912828F62 1.50 US TREASURY NOTES DTD 11/30/2012 1.000% 11/30/2019 2,950,665.00 2,974,278.45 2,637.36 2,940,468.75 05/28/1505/26/15AaaAA+ 3,000,000.00 912828UB4 1.46 US TREASURY NOTES DTD 12/01/2014 1.500% 11/30/2019 2,978,319.00 3,005,939.31 3,956.04 3,009,257.81 11/29/1611/29/16AaaAA+ 3,000,000.00 912828G61 1.39 US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 1,183,640.40 1,198,150.19 5,096.69 1,196,296.88 10/13/1510/08/15AaaAA+ 1,200,000.00 912828UQ1 1.32 72018-02-27 Agenda Packet Page 92 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 1,183,640.40 1,198,068.36 5,096.69 1,196,156.25 10/23/1510/23/15AaaAA+ 1,200,000.00 912828UQ1 1.33 US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 3,003,487.52 3,023,426.08 12,932.84 3,002,774.41 11/13/1511/13/15AaaAA+ 3,045,000.00 912828UQ1 1.59 US TREASURY NOTES DTD 01/31/2016 1.375% 01/31/2021 2,942,814.00 3,013,755.93 17,262.23 3,020,507.81 06/10/1606/07/16AaaAA+ 3,000,000.00 912828N89 1.22 US TREASURY NOTES DTD 03/31/2016 1.250% 03/31/2021 3,413,592.00 3,502,060.56 11,177.88 3,503,007.81 06/10/1606/07/16AaaAA+ 3,500,000.00 912828Q37 1.23 180,906.00 64,362,009.90 64,877,337.01 1.36 64,916,418.37 64,930,000.00 Security Type Sub-Total Federal Agency Collateralized Mortgage Obligation FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 682,352.31 687,051.69 939.09 691,488.40 10/30/1510/07/15AaaAA+ 684,632.55 3136AQDQ0 1.08 939.09 682,352.31 687,051.69 1.08 691,488.40 684,632.55 Security Type Sub-Total Federal Agency Bond / Note FREDDIE MAC (EX-CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 2,992,662.00 3,000,000.00 2,666.67 3,000,000.00 05/29/1305/29/13AaaAA+ 3,000,000.00 3134G45W4 1.00 2,666.67 2,992,662.00 3,000,000.00 1.00 3,000,000.00 3,000,000.00 Security Type Sub-Total Corporate Note MORGAN STANLEY CORP NOTES DTD 12/05/2014 1.875% 01/05/2018 549,990.10 550,025.23 5,041.67 552,849.00 09/30/1609/30/16A3BBB+ 550,000.00 61761JVM8 1.46 CITIGROUP INC CORP NOTES DTD 05/01/2013 1.750% 05/01/2018 499,583.00 500,270.78 1,458.33 501,275.00 09/30/1609/30/16Baa1BBB+ 500,000.00 172967GS4 1.59 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 424,028.88 424,833.24 705.97 423,763.25 07/27/1507/23/15Aa2AA 425,000.00 084664BW0 1.41 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 1,342,924.39 1,346,045.71 2,235.86 1,346,336.50 07/15/1507/10/15Aa2AA 1,346,000.00 084664BW0 1.29 82018-02-27 Agenda Packet Page 93 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note BANK OF AMERICA BANK NOTES DTD 06/05/2015 1.750% 06/05/2018 799,659.20 800,193.92 1,011.11 801,160.00 10/23/1510/20/15Aa3A+ 800,000.00 06050TMC3 1.69 CHEVRON CORP (CALLABLE) GLOBAL NOTES DTD 06/24/2013 1.718% 06/24/2018 1,499,997.00 1,503,100.35 501.08 1,523,610.00 04/27/1504/23/15Aa2AA- 1,500,000.00 166764AE0 1.21 GOLDMAN SACHS GROUP INC NOTES DTD 07/19/2013 2.900% 07/19/2018 502,273.00 503,775.10 6,525.00 512,255.00 09/30/1609/30/16A3BBB+ 500,000.00 38147MAA3 1.52 GOLDMAN SACHS GROUP INC NOTES DTD 07/19/2013 2.900% 07/19/2018 979,432.35 981,028.06 12,723.75 1,004,298.75 10/28/1510/28/15A3BBB+ 975,000.00 38147MAA3 1.77 CATERPILLAR FINANCIAL SERVICES CORP NOTE DTD 09/06/2013 2.450% 09/06/2018 2,458,273.65 2,463,914.78 19,174.65 2,477,954.50 04/21/1704/19/17A3A 2,450,000.00 14912L5T4 1.61 CITIGROUP INC CORP NOTES DTD 09/26/2013 2.500% 09/26/2018 977,795.33 979,188.94 6,432.29 991,233.75 10/28/1510/28/15Baa1BBB+ 975,000.00 172967HC8 1.91 US BANCORP NOTES (CALLABLE) DTD 11/07/2013 1.950% 11/15/2018 3,000,297.00 3,005,584.74 7,475.00 3,021,840.00 08/19/1508/17/15A1A+ 3,000,000.00 91159HHE3 1.72 BANK OF NY MELLN CORP (CALLABLE) NOTES DTD 11/18/2013 2.100% 01/15/2019 999,655.00 1,002,192.93 9,683.33 1,007,240.00 09/21/1509/18/15A1A 1,000,000.00 06406HCP2 1.87 IBM CORP NOTE DTD 02/12/2014 1.950% 02/12/2019 1,501,834.50 1,508,472.18 11,293.75 1,528,290.00 04/27/1504/23/15A1A+ 1,500,000.00 459200HT1 1.44 TOYOTA MOTOR CREDIT CORP DTD 02/19/2016 1.700% 02/19/2019 1,523,188.44 1,529,929.57 9,537.00 1,529,816.40 02/19/1602/16/16Aa3AA- 1,530,000.00 89236TCU7 1.70 CISCO SYSTEMS INC GLOBAL NOTES DTD 03/03/2014 2.125% 03/01/2019 1,501,684.50 1,502,046.90 10,625.00 1,506,270.00 06/29/1506/26/15A1AA- 1,500,000.00 17275RAR3 2.01 APPLE INC GLOBAL NOTES DTD 05/06/2014 2.100% 05/06/2019 1,503,444.00 1,504,111.58 4,812.50 1,511,475.00 06/29/1506/26/15Aa1AA+ 1,500,000.00 037833AQ3 1.89 AMERCIAN EXPRESS CREDIT CORP NOTES DTD 08/15/2014 2.250% 08/15/2019 1,002,089.00 1,001,631.28 8,500.00 1,003,820.00 09/21/1509/18/15A2A- 1,000,000.00 0258M0DP1 2.15 92018-02-27 Agenda Packet Page 94 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note AMERICAN HONDA FINANCE GLOBAL NOTES DTD 09/09/2014 2.250% 08/15/2019 1,502,242.50 1,510,188.15 12,750.00 1,514,325.00 04/28/1704/25/17A2A+ 1,500,000.00 02665WAH4 1.82 GENERAL ELECTRIC CAP CORP (CALLABLE) DTD 01/09/2015 2.200% 01/09/2020 1,498,470.00 1,518,704.99 15,766.67 1,533,555.00 06/01/1605/26/16A2A 1,500,000.00 36962G7M0 1.56 JPMORGAN CHASE & CO (CALLABLE) DTD 01/23/2015 2.250% 01/23/2020 999,331.00 996,703.75 9,875.00 993,230.00 09/21/1509/18/15A3A- 1,000,000.00 46625HKA7 2.41 JPMORGAN CHASE & CO (CALLABLE) DTD 01/23/2015 2.250% 01/23/2020 1,498,996.50 1,502,121.77 14,812.50 1,504,815.00 04/27/1504/23/15A3A- 1,500,000.00 46625HKA7 2.18 WELLS FARGO & CO CORP BONDS DTD 02/02/2015 2.150% 01/30/2020 997,807.00 999,027.47 9,018.06 998,000.00 09/21/1509/18/15A2A 1,000,000.00 94974BGF1 2.20 WELLS FARGO & CO CORP BONDS DTD 02/02/2015 2.150% 01/30/2020 1,496,710.50 1,500,024.93 13,527.08 1,500,045.00 03/27/1503/26/15A2A 1,500,000.00 94974BGF1 2.15 MICROSOFT CORP (CALLABLE) NOTE DTD 02/12/2015 1.850% 02/12/2020 1,992,250.00 2,004,260.16 14,286.11 2,006,200.00 01/17/1701/13/17AaaAAA 2,000,000.00 594918AY0 1.75 BOEING COMPANY CORP NOTES DTD 07/28/2009 4.875% 02/15/2020 1,584,321.00 1,596,311.31 27,625.00 1,634,145.00 02/23/1702/22/17A2A 1,500,000.00 097023AZ8 1.78 AMERICAN HONDA FINANCE CORP NOTES DTD 03/13/2015 2.150% 03/13/2020 1,495,948.50 1,502,758.73 9,675.00 1,506,045.00 03/27/1503/26/15A2A+ 1,500,000.00 02665WAU5 2.06 COMCAST CORP CORP NOTES DTD 08/19/2011 5.150% 04/30/2020 1,598,124.00 1,605,346.77 13,089.58 1,642,770.00 02/23/1702/22/17A3A- 1,500,000.00 63946BAD2 2.05 AMERICAN EXP CREDIT CORP NT (CALLABLE) DTD 05/26/2015 2.375% 05/26/2020 1,498,261.50 1,492,498.61 3,463.54 1,485,135.00 06/29/1506/26/15A2A- 1,500,000.00 0258M0DT3 2.59 BNY MELLON CORP NOTE (CALLABLE) DTD 08/17/2015 2.600% 08/17/2020 1,511,479.50 1,514,150.33 14,516.67 1,525,875.00 10/09/1510/08/15A1A 1,500,000.00 06406HDD8 2.22 AMERICAN HONDA FINANCE CB DTD 09/24/2015 2.450% 09/24/2020 1,003,258.00 1,003,210.68 6,601.39 1,005,680.00 10/09/1510/08/15A2A+ 1,000,000.00 02665WAZ4 2.33 PEPSICO INC CORP NOTES (CALLABLE) DTD 10/14/2015 2.150% 10/14/2020 1,997,030.00 2,020,880.10 9,197.22 2,032,540.00 06/06/1606/01/16A1A+ 2,000,000.00 713448DC9 1.76 102018-02-27 Agenda Packet Page 95 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note MORGAN STANLEY CORP NOTES DTD 04/21/2016 2.500% 04/21/2021 449,246.70 451,978.90 2,187.50 452,893.50 05/16/1605/11/16A3BBB+ 450,000.00 61746BEA0 2.36 294,127.61 42,189,626.04 42,324,511.94 1.85 42,578,740.65 42,001,000.00 Security Type Sub-Total Commercial Paper BNP PARIBAS NY BRANCH COMM PAPER DTD 05/23/2017 0.000% 02/16/2018 2,993,781.00 2,994,594.99 0.00 2,968,392.50 05/23/1705/23/17P-1A-1 3,000,000.00 09659CBG2 1.43 COOPERATIEVE RABOBANK U.A. COMM PAPER DTD 07/26/2017 0.000% 02/20/2018 2,993,193.00 2,994,375.00 0.00 2,976,487.50 07/26/1707/25/17P-1A-1 3,000,000.00 21687BBL4 1.36 CREDIT AGRICOLE CIB NY COMM PAPER DTD 07/11/2017 0.000% 03/01/2018 2,992,101.00 2,993,116.68 0.00 2,977,833.33 08/23/1708/23/17P-1A-1 3,000,000.00 22533UC19 1.41 JP MORGAN SECURITIES LLC COMM PAPER DTD 07/06/2017 0.000% 04/02/2018 1,493,431.50 1,494,388.34 0.00 1,486,310.00 08/23/1708/23/17P-1A-1 1,500,000.00 46640QD24 1.49 BANK OF TOKYO MITSUBISHI UFJ COMM PAPER DTD 08/22/2017 0.000% 05/10/2018 2,980,905.00 2,983,659.99 0.00 2,966,940.00 08/22/1708/22/17P-1A-1 3,000,000.00 06538CEA5 1.54 ING (US) FUNDING LLC COMM PAPER DTD 08/28/2017 0.000% 05/21/2018 2,979,849.00 2,982,383.34 0.00 2,966,654.17 08/29/1708/29/17P-1A-1 3,000,000.00 4497W1EM4 1.53 GE CAPITAL TREASURY LLC COMM PAPER DTD 11/20/2017 0.000% 08/13/2018 2,966,271.00 2,967,893.31 0.00 2,962,016.67 11/21/1711/21/17P-1A-1 3,000,000.00 36164KHD6 1.74 TOYOTA MOTOR CREDIT CORP COMM PAPER DTD 12/12/2017 0.000% 09/07/2018 1,481,289.00 1,481,739.99 0.00 1,480,273.33 12/12/1712/12/17P-1A-1+ 1,500,000.00 89233HJ70 1.78 0.00 20,880,820.50 20,892,151.64 1.52 20,784,907.50 21,000,000.00 Security Type Sub-Total Certificate of Deposit UBS AG STAMFORD CT CERT DEPOS DTD 05/11/2017 1.550% 05/10/2018 2,995,648.47 3,000,348.72 30,354.17 3,000,683.93 08/30/1708/29/17P-1A-1 3,000,000.00 90275DGY0 1.51 112018-02-27 Agenda Packet Page 96 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Certificate of Deposit BANK OF MONTREAL CHICAGO CERT DEPOS DTD 02/09/2017 1.880% 02/07/2019 3,003,711.00 3,000,000.00 22,560.00 3,000,000.00 02/09/1702/08/17A1A+ 3,000,000.00 06427KRC3 1.90 SUMITOMO MITSUI BANK NY CD DTD 05/04/2017 2.050% 05/03/2019 2,997,948.00 3,000,000.00 10,079.17 3,000,000.00 05/04/1705/03/17A1A 3,000,000.00 86563YVN0 2.05 SKANDINAV ENSKILDA BANKEN NY CD DTD 08/04/2017 1.840% 08/02/2019 2,961,478.68 2,999,071.08 23,000.00 2,998,830.00 08/04/1708/03/17Aa3A+ 3,000,000.00 83050FXT3 1.85 BANK TOKYO MITSUBISHI UFJ LTD LT CD DTD 09/27/2017 2.070% 09/25/2019 995,321.00 1,000,000.00 5,520.00 1,000,000.00 09/27/1709/25/17A1A+ 1,000,000.00 06539RGM3 2.07 91,513.34 12,954,107.15 12,999,419.80 1.85 12,999,513.93 13,000,000.00 Security Type Sub-Total Asset-Backed Security / Collateralized Mortgage Obligation CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 587,675.78 588,893.29 316.70 588,880.34 10/26/1610/19/16AaaNR 588,912.26 14312QAB2 1.21 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 575,318.56 577,431.91 254.41 577,387.28 02/25/1602/16/16NRAAA 577,469.34 43814NAC9 1.23 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 730,513.89 732,811.76 446.23 732,761.12 10/14/1510/06/15AaaNR 732,854.41 65478AAD5 1.38 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 496,103.68 497,415.65 318.36 497,396.44 05/31/1605/24/16AaaAAA 497,444.74 02007LAC6 1.44 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 998,920.40 1,000,756.32 604.44 1,001,328.12 10/28/1510/26/15NRAAA 1,000,000.00 05522RCU0 1.30 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 1,138,436.64 1,149,950.07 502.49 1,149,925.37 10/25/1610/18/16NRAAA 1,150,000.00 43814RAC0 1.04 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 531,007.78 534,965.18 432.76 534,960.84 07/18/1707/11/17AaaNR 535,000.00 47788BAD6 1.82 2,875.39 5,057,976.73 5,082,224.18 1.30 5,082,639.51 5,081,680.75 Security Type Sub-Total 149,697,313.30 150,053,708.36 1.55 573,028.10 149,862,696.26 149,119,554.63 Managed Account Sub-Total 122018-02-27 Agenda Packet Page 97 For the Month Ending December 31, 2017Managed Account Detail of Securities Held CITY OF CHULA VISTA $149,697,313.30 $150,053,708.36 $573,028.10 $149,862,696.26 $149,119,554.63 1.55% $149,692,582.73 $573,028.10 Total Investments Accrued Interest Securities Sub-Total 132018-02-27 Agenda Packet Page 98 For the Month Ending October 31, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 10/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 1,786.21 1,786.21 1,021,292.22 10/01/17 10/02/17 MONEY MARKET FUND MONEY0002 0.00 46.39 46.39 0.00 10/02/17 10/03/17 MONEY MARKET FUND MONEY0002 0.00 177.28 177.28 0.00 10/03/17 10/14/17 PEPSICO INC CORP NOTES (CALLABLE) DTD 10/14/2015 2.150% 10/14/2020 713448DC9 0.00 21,500.00 21,500.00 2,000,000.00 10/14/17 10/15/17 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 636.00 636.00 530,000.00 10/15/17 10/15/17 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 05522RCU0 0.00 1,133.33 1,133.33 1,000,000.00 10/15/17 10/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 981.83 981.83 860,000.00 10/15/17 10/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 848.51 848.51 841,501.88 10/15/17 10/15/17 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 10/15/17 10/18/17 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 10/18/17 10/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 747.42 747.42 735,166.10 10/18/17 10/21/17 MORGAN STANLEY CORP NOTES DTD 04/21/2016 2.500% 04/21/2021 61746BEA0 0.00 5,625.00 5,625.00 450,000.00 10/21/17 10/30/17 COMCAST CORP CORP NOTES DTD 08/19/2011 5.150% 04/30/2020 63946BAD2 0.00 38,625.00 38,625.00 1,500,000.00 10/30/17 10/31/17 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 912828F62 0.00 63,750.00 63,750.00 8,500,000.00 10/31/17 10/31/17 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 912828F62 0.00 11,250.00 11,250.00 1,500,000.00 10/31/17 10/31/17 US TREASURY NOTES DTD 10/31/2011 1.750% 10/31/2018 912828RP7 0.00 34,081.25 34,081.25 3,895,000.00 10/31/17 183,159.22 183,159.22 0.00 24,517,960.20 Transaction Type Sub-Total PAYDOWNS 142018-02-27 Agenda Packet Page 99 For the Month Ending October 31, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method PAYDOWNS 10/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 69,214.50 0.00 69,214.50 (693.11) 0.00 69,214.50 10/01/17 10/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 85,372.11 0.00 85,372.11 4.63 0.00 85,372.11 10/15/17 10/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 16,780.75 0.00 16,780.75 2.14 0.00 16,780.75 10/15/17 10/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 54,779.46 0.00 54,779.46 7.78 0.00 54,779.46 10/18/17 0.00 0.00 (678.56) 226,146.82 226,146.82 226,146.82 Transaction Type Sub-Total 226,146.82 183,159.22 409,306.04 (678.56) 0.00 Managed Account Sub-Total Total Security Transactions ($678.56)$409,306.04 $183,159.22 $226,146.82 $0.00 152018-02-27 Agenda Packet Page 100 For the Month Ending November 30, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 11/21/17 GE CAPITAL TREASURY LLC COMM PAPER DTD 11/20/2017 0.000% 08/13/2018 36164KHD6 (2,962,016.67) 0.00 (2,962,016.67) 3,000,000.00 11/21/17 0.00 (2,962,016.67)(2,962,016.67) 3,000,000.00 Transaction Type Sub-Total INTEREST 11/01/17 CITIGROUP INC CORP NOTES DTD 05/01/2013 1.750% 05/01/2018 172967GS4 0.00 4,375.00 4,375.00 500,000.00 11/01/17 11/01/17 MONEY MARKET FUND MONEY0002 0.00 5.82 5.82 0.00 11/01/17 11/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 1,489.73 1,489.73 952,077.72 11/01/17 11/02/17 MONEY MARKET FUND MONEY0002 0.00 482.41 482.41 0.00 11/02/17 11/03/17 SUMITOMO MITSUI BANK NY CD DTD 05/04/2017 2.050% 05/03/2019 86563YVN0 0.00 31,262.50 31,262.50 3,000,000.00 11/03/17 11/06/17 APPLE INC GLOBAL NOTES DTD 05/06/2014 2.100% 05/06/2019 037833AQ3 0.00 15,750.00 15,750.00 1,500,000.00 11/06/17 11/15/17 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 636.00 636.00 530,000.00 11/15/17 11/15/17 US BANCORP NOTES (CALLABLE) DTD 11/07/2013 1.950% 11/15/2018 91159HHE3 0.00 29,250.00 29,250.00 3,000,000.00 11/15/17 11/15/17 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 05522RCU0 0.00 1,133.33 1,133.33 1,000,000.00 11/15/17 11/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 962.68 962.68 843,219.25 11/15/17 11/15/17 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 0.00 8,749.00 8,749.00 1,346,000.00 11/15/17 11/15/17 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 11/15/17 11/15/17 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 0.00 2,762.50 2,762.50 425,000.00 11/15/17 11/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 762.43 762.43 756,129.77 11/15/17 11/18/17 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 11/18/17 162018-02-27 Agenda Packet Page 101 For the Month Ending November 30, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 11/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 691.73 691.73 680,386.64 11/18/17 11/26/17 AMERICAN EXP CREDIT CORP NT (CALLABLE) DTD 05/26/2015 2.375% 05/26/2020 0258M0DT3 0.00 17,812.50 17,812.50 1,500,000.00 11/26/17 11/29/17 FREDDIE MAC (EX-CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 3134G45W4 0.00 15,000.00 15,000.00 3,000,000.00 11/29/17 11/30/17 US TREASURY NOTES DTD 11/30/2012 1.000% 11/30/2019 912828UB4 0.00 15,000.00 15,000.00 3,000,000.00 11/30/17 11/30/17 US TREASURY NOTES DTD 12/02/2013 1.250% 11/30/2018 912828A34 0.00 49,843.75 49,843.75 7,975,000.00 11/30/17 11/30/17 US TREASURY NOTES DTD 12/01/2014 1.500% 11/30/2019 912828G61 0.00 22,500.00 22,500.00 3,000,000.00 11/30/17 11/30/17 US TREASURY NOTES DTD 06/02/2014 1.500% 05/31/2019 912828WL0 0.00 63,750.00 63,750.00 8,500,000.00 11/30/17 284,190.38 284,190.38 0.00 43,192,813.38 Transaction Type Sub-Total MATURITY 11/21/17 CREDIT SUISSE NEW YORK CERT DEPOS DTD 04/17/2017 1.460% 11/21/2017 22549VN90 3,000,000.00 26,523.33 3,026,523.33 0.00 0.00 3,000,000.00 11/21/17 26,523.33 0.00 0.00 3,026,523.33 3,000,000.00 3,000,000.00 Transaction Type Sub-Total PAYDOWNS 11/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 161,283.29 0.00 161,283.29 (1,615.07) 0.00 161,283.29 11/01/17 11/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 57,488.34 0.00 57,488.34 7.32 0.00 57,488.34 11/15/17 11/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 86,308.08 0.00 86,308.08 4.68 0.00 86,308.08 11/15/17 11/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 52,447.37 0.00 52,447.37 7.45 0.00 52,447.37 11/18/17 172018-02-27 Agenda Packet Page 102 For the Month Ending November 30, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method 0.00 0.00 (1,595.62) 357,527.08 357,527.08 357,527.08 Transaction Type Sub-Total 395,510.41 310,713.71 706,224.12 (1,595.62) 0.00 Managed Account Sub-Total Total Security Transactions ($1,595.62)$706,224.12 $310,713.71 $395,510.41 $0.00 182018-02-27 Agenda Packet Page 103 For the Month Ending December 31, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 12/12/17 TOYOTA MOTOR CREDIT CORP COMM PAPER DTD 12/12/2017 0.000% 09/07/2018 89233HJ70 (1,480,273.33) 0.00 (1,480,273.33) 1,500,000.00 12/12/17 12/28/17 US TREASURY NOTES DTD 10/15/2015 0.875% 10/15/2018 912828L81 (2,979,960.94)(5,336.54)(2,985,297.48) 3,000,000.00 12/27/17 12/28/17 US TREASURY N/B DTD 01/15/2016 1.125% 01/15/2019 912828N63 (2,978,789.06)(15,224.18)(2,994,013.24) 3,000,000.00 12/27/17 (20,560.72) (7,459,584.05)(7,439,023.33) 7,500,000.00 Transaction Type Sub-Total INTEREST 12/01/17 MONEY MARKET FUND MONEY0002 0.00 26.30 26.30 0.00 12/01/17 12/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 1,868.56 1,868.56 790,794.43 12/01/17 12/04/17 MONEY MARKET FUND MONEY0002 0.00 676.34 676.34 0.00 12/04/17 12/05/17 BANK OF AMERICA BANK NOTES DTD 06/05/2015 1.750% 06/05/2018 06050TMC3 0.00 7,000.00 7,000.00 800,000.00 12/05/17 12/12/17 BB&T NT (CALLED OMD 01/12/2018) DTD 11/21/2012 1.450% 12/12/2017 05531FAM5 0.00 6,041.67 6,041.67 1,000,000.00 12/12/17 12/15/17 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 12/15/17 12/15/17 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 636.00 636.00 530,000.00 12/15/17 12/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 675.40 675.40 669,821.69 12/15/17 12/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 897.04 897.04 785,730.91 12/15/17 12/15/17 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 05522RCU0 0.00 1,133.33 1,133.33 1,000,000.00 12/15/17 12/18/17 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 12/18/17 12/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 638.40 638.40 627,939.27 12/18/17 192018-02-27 Agenda Packet Page 104 For the Month Ending December 31, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 12/24/17 CHEVRON CORP (CALLABLE) GLOBAL NOTES DTD 06/24/2013 1.718% 06/24/2018 166764AE0 0.00 12,885.00 12,885.00 1,500,000.00 12/24/17 12/26/17 FREDDIE MAC (EX-CALLABLE) BONDS DTD 12/26/2012 0.850% 12/26/2017 3134G32L3 0.00 12,750.00 12,750.00 3,000,000.00 12/26/17 12/27/17 FANNIE MAE (EX-CALLABLE) BONDS DTD 12/27/2012 0.900% 12/27/2017 3136G14X4 0.00 13,500.00 13,500.00 3,000,000.00 12/27/17 60,699.04 60,699.04 0.00 15,389,286.30 Transaction Type Sub-Total MATURITY 12/12/17 BB&T NT (CALLED OMD 01/12/2018) DTD 11/21/2012 1.450% 12/12/2017 05531FAM5 1,000,000.00 0.00 1,000,000.00 (3,130.00) 0.00 1,000,000.00 12/12/17 12/26/17 FREDDIE MAC (EX-CALLABLE) BONDS DTD 12/26/2012 0.850% 12/26/2017 3134G32L3 3,000,000.00 0.00 3,000,000.00 0.00 0.00 3,000,000.00 12/26/17 12/27/17 FANNIE MAE (EX-CALLABLE) BONDS DTD 12/27/2012 0.900% 12/27/2017 3136G14X4 3,000,000.00 0.00 3,000,000.00 0.00 0.00 3,000,000.00 12/27/17 0.00 0.00 (3,130.00) 7,000,000.00 7,000,000.00 7,000,000.00 Transaction Type Sub-Total PAYDOWNS 12/25/17 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 106,161.88 0.00 106,161.88 (1,063.09) 0.00 106,161.88 12/01/17 12/15/17 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 80,909.43 0.00 80,909.43 4.38 0.00 80,909.43 12/15/17 12/15/17 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 52,876.50 0.00 52,876.50 6.73 0.00 52,876.50 12/15/17 12/15/17 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 32,555.26 0.00 32,555.26 3.16 0.00 32,555.26 12/15/17 12/18/17 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 50,469.93 0.00 50,469.93 7.17 0.00 50,469.93 12/18/17 0.00 0.00 (1,041.65) 322,973.00 322,973.00 322,973.00 Transaction Type Sub-Total (116,050.33) 40,138.32 (75,912.01) (4,171.65) 0.00 Managed Account Sub-Total 202018-02-27 Agenda Packet Page 105 For the Month Ending December 31, 2017Managed Account Security Transactions & Interest CITY OF CHULA VISTA Total Security Transactions ($4,171.65)($75,912.01)$40,138.32 ($116,050.33)$0.00 212018-02-27 Agenda Packet Page 106 City of Chula Vista Staff Report File#:18-0003, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “PALOMAR STREET AND ORANGE AVENUE SIDEWALK IMPROVEMENTS (STL420)” PROJECT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC., IN THE AMOUNT OF $809,284; APPROPRIATING $312,750 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STL420; AND TRANSFERRING $187,250 IN TRANSNET APPROPRIATIONS FROM DRN0206 TO STL420 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On December 27, 2017, the Director of Engineering and Capital Projects received six (6) sealed bids for the “Palomar Street and Orange Avenue Sidewalk Improvements (STL420)” project. The project is included in the Capital Improvement Program for Fiscal Year 2016/2017, and is funded by TransNet and Community Development Block Grant (CDBG) funds. The proposed resolution, if approved, would 1) accept bids; 2) waive minor mathematical bid irregularities; 3) award the contract for this project to Tri-Group Construction and Development Inc. in the amount of $809,284; 4) appropriate $312,750 from the available Traffic Signal fund to STL420; and 5) transfer $187,250 in TransNet from DRN0206 to STL420. ENVIRONMENTAL REVIEW Environmental Notice The Palomar Street and Orange Avenue Sidewalk Improvements Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (Existing Facilities) and Class 3 pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines. Additionally, under the National Environmental Policy Act (NEPA) the project is categorically exempt per 24 CFR 58.35(a). Therefore, it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Palomar Street and Orange Avenue Sidewalk Improvements Project (STL420) qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Sections 15301 Class 1 (Existing Facilities) and/or Section 15303 Class 3 (New Construction or Conversion of Small Structures). Thus, no further environmental review is required. Additionally, the Director of Development Services has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) and has determined that the Palomar Street and Orange Avenue Sidewalk Improvements Project (STL420) qualifies for a Categorical Exemption pursuant to 24 CFR 58.35(a). Thus, no further environmental review is City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 107 File#:18-0003, Item#: 5. required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The “Palomar Street and Orange Avenue Sidewalk Improvements (STL420)” project will primarily consist of the following improvements: ·Installation of missing curb, gutter and sidewalk improvements along the south side of Palomar Street between Fifth Avenue and Orange Avenue; ·Installation of missing curb, gutter and sidewalk improvements along the north side of Orange Avenue between Fifth Avenue and Palomar Street; ·Updating and modifying the existing traffic signals and equipment at the intersection of Palomar Street and Orange Avenue; and ·Incorporating required project water quality and green streets features at the corner of Palomar Street and Orange Avenue. Drought tolerant plants, select trees and seating benches will also be added to improve the public use of this remnant parcel (see Attachment 2) Bidding Process On December 1, 2017, Engineering and Capital Projects Staff advertised the project and received six (6) sealed bids on December 27, 2017. The original base bid totals from the six (6) prime contractors were as follows: Original Ranking CONTRACTOR ORIGINAL BASE BID AMOUNT 1 Tri-Group Construction and Development Inc.$809,199.00 2 Miramar General Engineering $853,109.00 3 Crest Equipment Inc $859,204.30 4 Just Construction Inc $860,538.30 5 PAL General Engineering $998,484.00 6 Portillo Concrete Inc.$1,088,373.00 Subsequent to Staff review of the bid proposals received, minor mathematical bid errors were discovered that resulted in changes to the original base bid amounts for four (4) of the prime contractors. It shall be noted that the resulting changes in original base bid amounts did not change the lowest responsive bidder for the project. The final rankings of the bid proposals received and the corresponding revised base bid amounts are as follows: Revised RankingCONTRACTOR REVISED BASE BID AMOUNT 1 Tri-Group Construction and Development Inc. $809,284.00 2 Crest Equipment Inc.$860,004.30 3 Just Construction Inc.$860,138.30 4 Miramar General Engineering $920,429.00 5 PAL General Engineering $998,484.00 6 Portillo Concrete Inc.$1,088,373.00 City of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 108 File#:18-0003, Item#: 5. Revised RankingCONTRACTOR REVISED BASE BID AMOUNT 1 Tri-Group Construction and Development Inc. $809,284.00 2 Crest Equipment Inc.$860,004.30 3 Just Construction Inc.$860,138.30 4 Miramar General Engineering $920,429.00 5 PAL General Engineering $998,484.00 6 Portillo Concrete Inc.$1,088,373.00 The lowest responsive bidder for the project, Tri-Group Construction and Development Inc., has acknowledged the minor mathematical errors in their bid proposal and indicated that they will honor the revised base bid amount (Attachment 1). The revised base bid amount of $809,284.00 from the lowest responsive bidder is above the Engineer’s Estimate of $723,362 by $85,922 (or approximately 11.9%). Based on the very minor variations between the four (4) lowest base bid amounts, City Staff has determined that the bid proposals received represent the current construction costs for the improvements associated with the project and will update unit costs appropriately for future estimates. Tri-Group Construction and Development Inc.’s Contractor License No. 792159, as well as all listed sub-contractor’s licenses, are current and active as of January 2018. Staff has verified the references provided by the Contractor and determined them to be satisfactory. Staff recommends awarding a contract in the amount of $809,284.00 to Tri-Group Construction and Development Inc. Change Orders On May 9, 2017, City Council approved Resolution 17-0174 to adopt ordinance (Ord. 3400 § 1, 2017) of the City of Chula Vista and amend Chapter 2.56 of the Chula Vista Municipal Code - “Purchasing System. This ordinance amends the change order limits and authorizes the City Engineer to approve change orders up to the remaining CIP budget available for the CIP project. Disclosure Statement Attachment 2 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 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 “Palomar Street and Orange Avenue Sidewalk Improvements Project (STL420)” supports the “Strong & Secure Neighborhoods” goal as it will improve pedestrian access along two of the city’s highest ranked City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 109 File#:18-0003, Item#: 5. pedestrian corridors (ranked No. 1 and No. 3 in the Chula Vista Pedestrian Master Plan). CURRENT YEAR FISCAL IMPACT Approval of the resolution will initiate the construction phase of STL420. In addition, $312,750 will be appropriated from the Traffic Signal Fund and $187,250 in TransNet will be transferred from DRN0206 to STL420. Sufficient funding is available to award the contract and for said transfer. Therefore, there is no additional impact to the Traffic Signal, TransNet, and CDBG Funds. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $809,284 B. Contract Contingency $114,086 C. Design & Survey Support Costs $40,464 D. Construction Inspection Staff Cost $140,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION$1,103,834 AVAILABLE FUNDING A. Project Budget (STL420)$603,834 B. Appropriated Funds (Traffic Signal)$312,750 C. Transferred from DRN0206 to STL420 (TransNet)$187,250 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION$1,103,834 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine maintenance. ATTACHMENTS 1. Letter from Tri-Group 2. Public Space Exhibit Staff Contact: Tim Jones, Associate Civil Engineer City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 110 2018-02-27 Agenda Packet Page 111 CITY OF CHULA VISTA 2018-02-27 Agenda Packet Page 112 RESOLUTION NO. 2018-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “PALOMAR STREET AND ORANGE AVENUE SIDEWALK IMPROVEMENTS (STL420)” PROJECT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC., IN THE AMOUNT OF $809,284; APPROPRIATING $312,750 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STL420; AND TRANSFERRING $187,250 IN TRANSNET APPROPRIATIONS FROM DRN0206 TO STL420 WHEREAS, Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to contract for public works; and WHEREAS, on December 1, 2017, the Department of Engineering and Capital Projects solicited bids for the “Palomar Street and Orange Avenue Sidewalk Improvements (STL 420)” project in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on December 27, 2017, the Director of Engineering and Capital Projects received six (6) sealed bids for the “Palomar Street and Orange Avenue Sidewalk Improvements Project (STL420)” project; and WHEREAS, the apparent low bid for the project was submitted by Tri-Group Construction and Development Inc. in the amount of $809,284 (adjusted to correct minor mathematical errors), which is above the Engineer’s estimate of $723,362 by $85,922 (approximately 12% above the Engineer’s estimate); and WHEREAS, staff has determined that the bid submitted by Tri-Group Construction and Development Inc. is responsive in all material respects to the bid specifications/ requirements, and that Tri-Group Construction and Development Inc. is the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the contract to Tri-Group Construction and Development Inc. in the amount of $809,284. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista awards the contract for the “Palomar Street and Orange Avenue Sidewalk Improvement (STL420)” project to Tri-Group Construction and Development Inc. in the amount of $809,284. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates $312,750 from the available Traffic Signal fund to STL420 and transfers $187,250 in TransNet appropriations from DRN0206 to STL420. 2018-02-27 Agenda Packet Page 113 Resolution No. ______ Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista authorizes the Mayor, or designee, to execute the project contract on behalf of the City of Chula Vista, and directs a copy to be kept on file with the City Clerk. Presented by Approved as to form by ______________________________________________________ William S. Valle Glen R. Googins Director of Engineering and Capital Projects City Attorney 2018-02-27 Agenda Packet Page 114 City of Chula Vista Staff Report File#:17-0484, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE “TRAFFIC SIGNAL MODIFICATIONS AT FOUR INTERSECTIONS: FOURTH AVENUE & J STREET, HILLTOP DRIVE & L STREET, THIRD AVENUE & H STREET, AND THIRD AVENUE & I STREET (CIP# TRF0388)” PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $893,565.50; AND APPROPRIATING $260,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO TRF0388 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On October 18, 2017, the Director of Engineering and Capital Projects received five (5) sealed bids for the Construction of Traffic Signal Modifications at Four Intersections (TRF0388) in the City of Chula Vista, California. This project will provide protected left turn phases, ADA pedestrian equipment and pedestrian ramps at the intersections of: Fourth Avenue and “J” Street, Hilltop Drive and “L” Street, Third Avenue and “H” Street, and Third Avenue and “I” Street. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the project involves negligible or no expansion of an existing use. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION CIP Project TRF0388 is a federal aid project under the Highway Safety Improvement Program (HSIP). The project’s scope of work consists of the modification of existing traffic signal systems to include protected left turn phases at the intersection of Fourth Avenue and “J” Street, Hilltop Drive and “L” Street, Third Avenue and “H” Street, and Third Avenue and “I” Street. The project also includes the replacement of curb, gutter, sidewalk, and curb ramps to comply with current Americans City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 115 File#:17-0484, Item#: 6. with Disabilities Act (ADA) Standards. City Staff prepared plans and specifications and advertised the project on September 22, 2017. The Director of Engineering and Capital projects received and opened five (5) bid proposals for the project on October 18, 2017, as follows (listed in numerical order of bid total amount): CONTRACTOR BASE BID TOTAL 1 HMS Construction, Inc. - Vista $893,565.50* 2 T & M Electric, Inc. - Santee $955,173.00* 3 SELECT Electrical, Inc. - Vista $996,268.00* 4 PTM Gen. Eng. Services Inc. - Riverside $1,011,739.03* 5 DBX, Inc. - Temecula $1,118,557.09* *Contained minor clerical errors that did not change overall bid ranking. City Staff reviewed the apparent low bid proposal and found minor clerical errors that changed their base bid total from $892,765.50 to $893,565.50. The minor clerical errors did not change the ranking order of the lowest bid. HMS Construction, Inc. submitted a letter acknowledging the clerical errors and stands by the corrected base bid total price of $893,565.50 (Attachment 1). The low bid by HMS Construction, Inc. of $893,565.50 is $80,100.50 (approximately 10%) above the Engineer's estimate of $813,465.00. Although historical bid unit costs were used to develop the engineer’s estimate, a recent increase in bid unit costs for similar projects has been observed over the last year. Additional staff time was required to complete the Good Faith Effort analysis in compliance with HSIP requirements for this project. The additional staff time for the analysis required the need for a Bid Extension Letter. HMS Construction Inc. has provided the City with a Bid Extension letter authorizing their bid submittal to remain valid until February 28, 2018 (Attachment 2). HMS Construction, Inc. is currently an active licensed Class A, B, and C-10 contractor (License No. 765590) and has performed similar work in the City with satisfactory performance. Staff has reviewed the bid submitted by HMS Construction, Inc. and has determined it to be responsive. Staff recommends that Council awards the TRF0388 contract to HMS Construction, Inc. and make an additional appropriation of $260,000 from the Traffic Signal Fund to provide funds required for construction and contract administration. On May 9, 2017, City Council approved Resolution 17-0174 to adopt ordinance (Ord. 3400 § 1, 2017) of the City of Chula Vista and amend Chapter 2.56 of the Chula Vista Municipal Code - “Purchasing System. This ordinance amends change order limits and authorizes the City Engineer to approve City of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 116 File#:17-0484, Item#: 6. System. This ordinance amends change order limits and authorizes the City Engineer to approve change orders up to the remaining budget of the CIP project, allowing the project to continue without delay. Wage Statement The Contractor and its subcontractors are required by bid specifications to pay prevailing wages (“Prevailing Wage Rates”) to persons employed by them for work under this Contract. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. Disclosure Statement Attachment 3 is a copy of the Contractor’s Disclosure Statement. 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 project which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. 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 goal of the “Traffic Signal Modifications at Four Intersections (TRF0388)” project is to support the Strong and Secure Neighborhood strategy identified in the City’s Strategic Plan. Improvements to existing traffic signal infrastructure are key in providing safe and efficient roadways for motorists, bicyclists and pedestrians alike. CURRENT YEAR FISCAL IMPACT Approval of the resolution will initiate the construction phase and appropriate $260,000 in Traffic Signal funds to TRF0388 to complete the project. Sufficient funds are available in the Traffic Signal Fund for the appropriation. Therefore, there is no additional impact to this fund. FUNDS REQUIRED FOR CONSTRUCTION OF TRF0388 A. Contract Amount $893,565.50 B. Contingency (Approximately 7%) $61,434.50 C. Construction Inspection Staff Cost $50,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,005,000 City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 117 File#:17-0484, Item#: 6. FUNDING SOURCES 1/11/2018 A. TRF0388 - Highway Safety Improvement Program (HSIP Grant) $640,800 B. TRF0388 - Traffic Signal Fund (Appropriation) $260,000 C. TRF0388 - Traffic Signal Fund $104,200 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,005,000 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. ATTACHMENTS 1. Bid Error Acknowledgement Letter 2. Bid Extension Letter 3. Disclosure Statement Staff Contact: Jose Serrato, Assistant Civil Engineer City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 118 2018-02-27 Agenda Packet Page 119 2018-02-27 Agenda Packet Page 120 2018-02-27 Agenda Packet Page 121 2018-02-27 Agenda Packet Page 122 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL MODIFICATIONS AT FOUR INTERSECTIONS: FOURTH AVENUE & J STREET, HILLTOP DRIVE & L STREET, THIRD AVENUE & H STREET, AND THIRD AVENUE & I STREET (CIP# TRF0388) PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $893,565.50; AND APPROPRIATING $260,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO TRF0388 WHEREAS, Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to contract for public works; WHEREAS, City staff prepared plans and specifications for the “Traffic Signal Modifications at Four Intersections: Fourth Avenue/”I” Street; Hilltop Drive/”L” Street; Third Avenue/”H” Street and Third Avenue/”I” Street – HSIP (CIP# TRF0388)” project (Project) and advertised the Project on September 22, 2017; and WHEREAS, on October 18, 2017, the Director of Engineering and Capital Projects received five (5) sealed bids for the Project; and WHEREAS, the apparent low bid was submitted by HMS Construction, Inc. in the amount of $893,565.50 (adjusted to account for minor computational errors) which is $80,100.50 (approximately 10%) above the Engineer's estimate of $813,465.00; and WHEREAS, staff has determined that the bid submitted by HMS Construction, Inc. is responsive in all material aspects to the bid specifications/requirements, and that HMS Construction, Inc. is the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the project contract in an amount of $893,565.50 to HMS Construction, Inc. WHEREAS, staff recommends an appropriation of $260,000 from the available balance of the Traffic Signal Fund to HSIP Grant project “Traffic Signal Modifications at Four Intersections: Fourth Avenue/”I” Street; Hilltop Drive/”L” Street; Third Avenue/”H” Street and Third Avenue/”I” Street (CIP# TRF0388)” for purposes of completing the project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts bids and awards a contract for the “Traffic Signal Modifications at Four Intersections: Fourth Avenue/”I” Street; Hilltop Drive/”L” Street; Third Avenue/”H” Street and Third Avenue/”I” Street (CIP# TRF0388)” project to HMS Construction, Inc. in the amount of $893,565.50; 2018-02-27 Agenda Packet Page 123 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $260,000 from the available balance of the Traffic Signal Fund to TRF0388; BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it hereby authorizes and directs the Mayor, or designee, to execute the Project contract on behalf of the City of Chula Vista, and directs that a copy of such contract be kept on file with the City Clerk. Presented by William S. Valle Director of Engineering & Capital Projects/City Engineer Approved as to form by Glen R. Googins City Attorney 2018-02-27 Agenda Packet Page 124 City of Chula Vista Staff Report File#:18-0036, Item#: 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20 TO PERMIT RECOVERY OF THE CITY’S AVERAGE COSTS RELATED TO GRAFFITI ABATEMENT AND REMEDIATION BY THE SAN DIEGO PROBATION OFFICE IN JUVENILE COURT PROCEEDINGS AND ADOPTING THE 2018 CHULA VISTA GRAFFITI ABATEMENT COST AND EXPENSES MATRIX (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY The proposed ordinance amending Chapter 9.20 and adopting the 2018 Graffiti Abatement Costs and Expenses Matrix bring the City’s graffiti remediation cost recovery program into compliance with state law to facilitate further cost recovery through restitution in juvenile proceedings involving graffiti defacement. 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 proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In 1994, the California state legislature adopted California Welfare & Institutions Code Section 742.10, et seq. which outlines a Graffiti Removal and Damage Recovery Program (“Program”). This Program was designed to deter graffiti, assist public and private property owners in recovering damages from a minor who defaces property, and to assist cities and counties in enabling them to recoup the full costs of graffiti remediation. The Program allows a city to elect, by ordinance, to have the probation officer of the county recoup for the city, through juvenile court proceedings, the city’s costs associated with graffiti defacement by minors of city property and the property of others. A juvenile court may authorize restitution to a city based on that city’s average costs to investigate and City of Chula Vista Printed on 2/22/2018Page 1 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 125 File#:18-0036, Item#: 7. juvenile court may authorize restitution to a city based on that city’s average costs to investigate and remediate graffiti, rather than requiring an individualized, actual cost calculation for each specific instance of conduct. However, in order to utilize the average cost model, a city ordinance must, among other things, authorize the probation department to recoup city costs as restitution in a juvenile proceeding and make cost findings related to the average cost of graffiti nuisance abatement, per unit of measure, in accordance with California Welfare and Institutions Code section 742.14(a)-(c). Chula Vista Municipal Code Chapter 9.20 contains abatement and enforcement tools to address acts of vandalism and defacement on both public and private property, recognizing that graffiti violates and devalues both property owners and the larger community. Section 9.20.055 authorizes the use of City funds to abate graffiti as a nuisance. However, Chapter 9.20 does not authorize the probation department to recoup City costs as restitution in a juvenile proceeding and does not incorporate cost findings related to City’s average costs per unit of measure incurred by law enforcement in identifying and apprehending a person convicted of relevant penal code sections or incurred by city in removing graffiti and repairing and replacing property. The California Supreme Court in Luis M. v. Superior Court of Los Angeles County (2014) 59 Cal.4 th 300, has expressly stated that these elements are necessary to uphold a juvenile court restitution award based on a city’s average cost to remove and remediate graffiti. The proposed ordinance amends Chapter 9.20 to include elements missing from the current code provision. The 2018 City of Chula Vista Graffiti Abatement Costs and Expenses Matrix (“Matrix”), updated and approved by the City’s finance department on September 28, 2017, is attached to the ordinance and reflects the City’s average costs and expenses determination related to graffiti abatement. This Matrix includes labor and material costs, and establishes the average costs associated with graffiti ranging in size from 1’ to 500’. The amendment to Chapter 9.20 and the adoption of findings reflecting the current costs and expenses reflected in the attached Matrix are intended to bring the City’s ordinance into compliance with statutory and case law requirements, and to permit the City to recover the costs of graffiti abatement and remediation through juvenile court restitution orders. Accordingly, Staff recommends that the City Council adopt the proposed ordinance amending Chapter 9.20, including the cost findings and Matrix contained therein. 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 proposed ordinances the City’s Operational Excellence, Economic Vitality, and Strong and Secure Neighborhoods goals, as they permit the City to recover costs related to abating and remediating City of Chula Vista Printed on 2/22/2018Page 2 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 126 File#:18-0036, Item#: 7. graffiti defacement that negatively impacts property owners and the larger community. CURRENT YEAR FISCAL IMPACT The subject amendments to Chapter 9.20 increase the City’s opportunity to recover costs incurred by the City in removing and remediating graffiti. However, it is difficult and speculative to predict when such fees would be recovered and in what amounts. ONGOING FISCAL IMPACT The subject amendments to Chapter 9.20 increase the City’s opportunity to recover costs incurred by the City in removing and remediating graffiti. However, it is difficult and speculative to predict when such fees would be recovered and in what amounts. ATTACHMENTS 1. Proposed amended Chapter 9.20 with strikeout underline text 2. Proposed ordinance 3. Exhibit 1 attachment to proposed ordinance: 2018 City of Chula Vista Graffiti Abatement Costs and Expenses Matrix Staff Contact: Megan McClurg City of Chula Vista Printed on 2/22/2018Page 3 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 127 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 1/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. Chapter 9.20 PROPERTY DEFACEMENT Sections: 9.20.010 Purpose and intent. 9.20.020 Definitions. 9.20.030 Anti-vandalism provisions. 9.20.035 Repealed. 9.20.037 Repealed. 9.20.040 Punishment provisions. 9.20.045 Detection provisions. 9.20.050 Accessibility to graffiti implements. 9.20.055 Removal provisions. 9.20.060 Prevention provisions. 9.20.065 Parental involvement provisions. 9.20.067 Collection of abatement costs through the juvenile court. 9.20.070 Severability. 9.20.010 Purpose and intent. It is the purpose and intent of the city council of the city, through the adoption of this chapter, to provide additional abatement and enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned property, which is inimical and destructive of the rights and values of private property owners as well as the total community. The majority of those individuals who paint graffiti seek notoriety and recognition as they attach status to having their work seen. Prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhance the perpetrator’s satisfaction. Therefore, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who create it is the most effective way of combating this very serious problem. It is further the intent of the city council, through the adoption of this notice to all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the police department and the prosecutor’s office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1982). 9.20.020 Definitions. A. As used in this section, “graffiti” includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof. B. “Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property. C. “Felt tip marker” means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink that is not water-soluble. D. “Glass etching products” means any product which can be used to permanently alter a glass surface, including but not limited to such products that contain hydrofluoric acid, ammonium bifluoride and sulfuric acid, or sodium bifluoride. E. “Graffiti implement” means an aerosol paint container, a felt tip marker, a graffiti stick or glass etching products. F. “Graffiti stick” means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble. (Ord. 2997 § 1, 2005; Ord. 2865 § 1, 2002; Ord. 2496 § 1, 1992; Ord. 2470 § 1, 1991; Ord. 2464 § 1, 1991; Ord. 2454 § 1, 1991; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1980). 2018-02-27 Agenda Packet Page 128 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 2/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. 9.20.030 Anti-vandalism provisions. A. Unlawful to Apply Graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the city. B. Possession by Minors. It shall be unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while upon public property or upon private property without the consent of the owner of such private property, whose consent is given in advance and whose consent shall be given as to the person’s presence while in the possession of a graffiti implement. 1. School Exception for Felt Tip Markers. The foregoing provision shall not apply while the person is attending, or traveling to or from, a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers. C. Possession in Designated Public Places. No person shall have in his or her possession any graffiti implement while doing any activity at or around a public building or in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public except as may be authorized by the city. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1980). 9.20.035 Permitting graffiti to remain – Criminal liability. Repealed by Ord. 2496 § 1, 1992. (Ord. 2471 § 1, 1991; Ord. 2464 § 2, 1991). 9.20.037 Right of city to remove – Civil remedy. Repealed by Ord. 2496 § 1, 1992. (Ord. 2472 § 1, 1991; Ord. 2470 § 2, 1991). 9.20.040 Punishment provisions. A. Police Diversion Program – Community Service with Minimum Hours and Parental Involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including, but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of prosecuting a violation of this chapter as a crime against an adult, the police chief, with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements: 1. The minor shall perform at least 30 hours of community service. 2. At least one of the custodial parents or, if none, guardians shall be in attendance at least 50 percent of the period of assigned community service. 3. The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police. 4. Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. B. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city shall be required, at the city’s option, to perform community service. C. Penalties for Violation. Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the city attorney. Violations of CVMC 9.20.055(A)(2), Failure to Remove Graffiti Unlawful, are only punishable by the imposition of an administrative fine, penalty, or abatement action, pursuant to Chapters 1.30, 1.40 and 1.41 CVMC. (Ord. 2997 § 1, 2005; Ord. 2549 § 1, 1993; Ord. 2496 § 1, 1992; Ord. 2464 § 1, 1991; Ord. 2454 § 2, 1991; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1980). 9.20.045 Detection provisions. A. Reward Authority. 2018-02-27 Agenda Packet Page 129 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 3/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. 1. Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a reward of $150.00 for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the use of graffiti, not to exceed $300.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. 2. Claims for rewards under this section shall be filed with the city. Each claim shall: a. Specifically identify the date, location and kind of property damaged or destroyed. b. Identify by name the person who was convicted, or confessed to the damage or destruction of the city property. c. Identify the court in and the date upon which the conviction occurred or the place and the date of the confession. 3. No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. 4. The person committing the graffiti, and if an unemancipated minor then the custodial parent of said minor, shall be liable for reward paid pursuant to this section. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992; Ord. 2464 § 1, 1991; Ord. 2454 § 3, 1991). 9.20.050 Accessibility to graffiti implements. A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker, graffiti stick, or graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing. B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise (“seller”) shall display for sale, trade or exchange any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. C. Wrongful Storage. No person shall store any graffiti implement except in either: (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner. 1. Enforcement Policy on Wrongful Storage Offenses. It shall be the intention of the city to enforce this provision against the wrongful storage of graffiti implements only when its violation has caused or contributed to an act of vandalism by a third party. D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who shall use such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed $1,500. (Ord. 2997 § 1, 2005; Ord. 2865 § 1, 2002; Ord. 2496 § 1, 1992; Ord. 2473 § 1, 2018-02-27 Agenda Packet Page 130 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 4/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. 1991; Ord. 2470 §§ 3 – 6, 1991; Ord. 2464 § 1, 1991; Ord. 2454 § 3, 1991; Ord. 2337 § 2, 1989; Ord. 1924 § 1, 1980). 9.20.055 Removal provisions. A. Declaration of Nuisance. 1. Graffiti as a Nuisance. The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated or enforced according to the provisions and procedures contained in this chapter or the administrative enforcement and abatement provisions found in CVMC Title 1. 2. Failure to Remove Graffiti Unlawful. It shall be unlawful for any person who is the owner or who has primary responsibility for control of real or personal property or who has primary responsibility for the repair or maintenance of the property (“responsible party”) to permit said property, even if located in the city right-of-way, to remain defaced with graffiti, visible to the public, for more than 48 hours. Property shall be considered no longer defaced when the graffiti is removed or the defaced area is covered by paint which is similar in shade and color to the surface the graffiti resides on. If the graffiti is on glass or some other material, which can be scraped without damaging the material, the graffiti shall be removed and not painted over. Federal, state and local entities (besides the city of Chula Vista) may be considered a responsible party for purposes of this chapter. Utilities or responsible parties with an active program for the removal of graffiti and who own or maintain more than 50 unattended structures throughout the city (hereinafter “multiple property owners”) shall have an additional 48 hours to remove graffiti from those structures. B. Right of City to Remove. 1. Use of Public Funds. Whenever the city becomes aware, or is notified and determines, that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager, or his/her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community. 2. Right of Entry. If a responsible party fails to remove graffiti within 48 hours of being notified by the city, or 96 hours for multiple property owners, the city manager or his/her designee (including an independent contractor) shall have the right to enter onto the property, paint over or remove said graffiti. a. Notice – Method of Service. Before entering onto a person’s property to abate graffiti, the city shall notify the responsible party in writing of its intent to do so. Said notice shall be served by any of the following methods: i. Delivering to and leaving personally with the responsible party or a person of suitable age and discretion who resides or is employed at the property (“personal service”); or ii. Certified mail, postage prepaid, return receipt requested to the last known address of the responsible party (simultaneously, a duplicate notice may be sent by regular mail, postage prepaid); or iii. If the graffiti is on attended/occupied property, by posting or hanging a notice on the defaced property in a manner most likely to give actual notice to the responsible party. All multiple property owners shall establish an agent for service of process with an address and facsimile number where the owner can be notified during normal business hours (8:00 a.m. to 5:00 p.m.). Successful delivery of a notice to the agent’s address or successful transmission of a facsimile to the number provided shall be an acceptable method of service for multiple property owners. b. Notice – When Served. The notice shall be deemed served and the responsible party “notified” at the time of personal service; or the successful delivery of the certified letter (or the third day after mailing of 2018-02-27 Agenda Packet Page 131 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 5/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. the duplicate notice); or 48 hours after the notice is posted on the property; or when a facsimile is successfully transmitted to the multiple property owner’s agent for service of process. Actual notice shall cure any defect in the effort to provide constructive notice. c. Contents of Notice. The notice shall include the municipal code section being violated; the property address/location where the graffiti has been observed; the date(s) and time(s) the graffiti was observed; a description of the corrective action required and time limit – including the need to use paint which is similar in shade and color to the structure or item the graffiti is painted on; the consequences of failing to comply, all hearing/appeal rights; and the name of the issuing officer or staff member. d. Securing Owner Consent. Prior to entering onto private property for the purpose of graffiti removal, the city shall attempt to secure the written or oral consent of the responsible party, which may be incorporated into the required written notice. The responsible party may execute and file with the city a consent form that authorizes the city, without notice, to immediately enter onto the property to paint over any graffiti. Such consent shall be effective indefinitely, until withdrawn in writing by the responsible party. e. Graffiti in “Privacy Areas.” Unless a warrant or proper consent is secured, the city shall not remove or paint over graffiti if it is located in an area where the property owner or occupant has a reasonable expectation of privacy (“privacy area”). Likewise, the city shall not remove or paint over graffiti that is not in a privacy area if a privacy area must be entered to abate said graffiti. f. Pre-Abatement Conference. A responsible party may request, by telephone, in writing, or in person, that an informal conference be held before the city enters the party’s property to abate graffiti. The request for a conference shall stay the city’s abatement efforts and must be made within 48 hours of being served notice pursuant to subsection (B)(2)(a) of this section. The conference shall be conducted by the city manager or his/her designee. The purpose of the conference shall be to determine the propriety of the city’s impending abatement action. A decision on the validity of that action shall be made and communicated to the responsible party before the end of the conference (unless a continuance is necessary). If determined to be valid, the city may abate the offending graffiti 48 hours after the decision. C. Ease of Removal Provisions. 1. Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above-surface metal fixtures with a uniform paint type and color which meets with the approval of the city manager. Utility boxes which are part of a beautification program (e.g., utility box artwork project) shall be exempt from this requirement. 2. Conditional Encroachment Permits. All encroachment permits issued by the city shall, among such other things, be conditioned on: (a) the immediate removal by the permittee of any graffiti; (b) the right of the city to remove graffiti or to paint the encroaching object; (c) providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti. 3. Conditional Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement: a. Right of Access to Remove Graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon 48 hours’ posting of notice, by authorized city employees or agents, to the city for the purpose of removing or “painting over” graffiti from graffiti-attracting surfaces previously designated by the director, and the right to remove such graffiti; b. Supply City with Graffiti Removal Material. Developer shall, for a period of two years after the resale of their final lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces; and 2018-02-27 Agenda Packet Page 132 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 6/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. c. Owner to Immediately Remove Graffiti. Developer shall, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same, covenant, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992). 9.20.060 Prevention provisions. A. Design of New Graffiti-Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the city manager, or his or her designee, have designed any building structures visible from any public or quasi-public place in such a manner as to consider prevention of graffiti, including, but not limited to, the following: (1) use of additional lighting; (2) use of nonsolid fencing; (3) use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and (4) use of architectural design to break up long continuous walls or solid areas. B. Retrofit Existing Graffiti-Attracting Surfaces. The following preventative measures may be ordered after providing adequate notice and the opportunity for a Chapter 1.30 CVMC abatement hearing. No graffiti need currently reside on the property before instituting such a proceeding, the city must only show that the surface of a structure has been defaced more than four times in six months and that the proposed retrofit is necessary and reasonable. 1. At Owner’s Expense. Any surface of a structure on a parcel of land which has been defaced with graffiti more than four times in six months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authority hereunder, the city may not impose a cost on the property owner greater than $750.00. 2. At City’s Cost. The owner of property on which is located a surface of a structure which has been defaced with graffiti more than four times in six months, or the immediate area surrounding said surface, shall permit the city to enter upon and make such modifications thereto, at city’s cost, which modifications shall include such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992). 9.20.065 Parental involvement provisions. A. Parental Civil Liability. Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her or his child under the age of 18 to possess a graffiti implement shall be personally liable for any and all costs to any person (including public entities) incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992). 9.20.067 Collection of abatement costs through the juvenile court. A. For purposes of this section only, the following definitions are applicable: 1. “Minor” means a person under the age of eighteen (18) years who has been convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code, or has been found to be a person described by Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited in the Penal Code sections identified in this subdivision. 2. “Graffiti Abatement Costs and Expenses” includes: a. the average law enforcement costs per unit of measure incurred in identifying and apprehending a Minor; and b. the average costs per unit of measure incurred by the city in removing graffiti; and 2018-02-27 Agenda Packet Page 133 Chula Vista Municipal Code Chapter 9.20 PROPERTY DEFACEMENT Page 7/7 The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016. c. the average cost per unit of measure incurred by the city in repairing and replacing property of the types frequently defaced with graffiti that cannot be removed cost effectively. B. The San Diego County probation office and its agents, employees, and assigns are hereby authorized, on behalf of the city, to collect from the Minor, the Minor’s estate, or the Minor’s parent or guardian, the city’s Graffiti Abatement Costs and Expenses through juvenile court proceedings, and to promptly transfer said funds to the city. C. Updated Graffiti Abatement Costs and Expenses findings shall be reviewed and adopted by the City Council at least once every three years. Immediately after adoption, the city clerk shall cause a certified copy of the ordinance adopted pursuant to this section and any resolution containing updated cost findings to be forwarded to the clerk of the juvenile court in San Diego County and to the probation office of San Diego County. 9.20.070 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992). 2018-02-27 Agenda Packet Page 134 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340DF27A\@BCL@340DF27A.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20 TO PERMIT RECOVERY OF THE CITY’S AVERAGE COSTS RELATED TO GRAFFITI ABATEMENT AND REMEDIATION BY THE SAN DIEGO PROBATION OFFICE IN JUVENILE COURT PROCEEDINGS AND ADOPTING THE 2018 CHULA VISTA GRAFFITI ABATEMENT COST AND EXPENSES MATRIX WHEREAS, Government Code Section 53069.3 authorizes a city to enact an ordinance to use city funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city, and to replace or repair property on which graffiti or other inscribed material cannot be removed cost effectively; and WHEREAS, Welfare and Institutions Code Section 742.14 authorizes a city to enact an ordinance permitting the probation officer of the county to recoup for the city, through juvenile court proceedings, the city’s costs associated with defacement by minors of city property and the property of others by graffiti or other inscribed material; and WHEREAS, the California Supreme Court, in Luis M. v. Superior Court of Los Angeles County, found that while a city may elect to have the probation officer of the county recover the city’s graffiti abatement costs through juvenile court proceedings, a city must first adopt an ordinance to authorize this action, in accordance with Welfare and Institutions Code section 742.14; and WHEREAS, in accordance with Welfare and Institutions Code section 742.14, such ordinance shall include specific cost findings that are to be reviewed at least once every three years and adopted by resolution; and WHEREAS, it is the express intent of the City Council to authorize the City of Chula Vista to recover its graffiti abatement costs through juvenile court proceedings as set forth in the Welfare and Institutions Code; and WHEREAS, the proposed amendment does not cause a substantial change to the objectives, policies, and regulations contained in Chula Vista Municipal Code chapter 9.20; and WHEREAS, the City Council believes that the City should avail itself of all remedies to recover its costs associated with the abatement of graffiti; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Findings 2018-02-27 Agenda Packet Page 135 Ordinance Page 2 The City Council finds that: 1. On September 28, 2017, the City of Chula Vista completed a comprehensive study and review of the graffiti abatement costs and expenses that was verified for use by the City of Chula Vista Finance Department. 2. The attached Graffiti Abatement Costs and Expenses Matrix reflects the most current average costs per unit of measure incurred by the Chula Vista Police Department in identifying and apprehending a person subsequently convicted of violating Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor subsequently found to be a person described in Section 602 of the Penal Code by reason of the commission of an act prohibited by those same sections. 3. The attached Graffiti Abatement Costs and Expenses Matrix reflects the most current average costs per unit of measure incurred by the City of Chula Vista of removing graffiti and other inscribed material, and of repairing and replacing property of the types frequently defaced with graffiti or other inscribed material that cannot be removed cost effectively. 4. The costs and expenses included in the attached Graffiti Abatement Costs and Expenses Matrix identify the basis upon which average graffiti abatement costs are determined and demonstrate the abatement cost to be recovered from a person convicted of violating Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor found to be a person described in Section 602 of the Penal Code by the San Diego probation office in juvenile court proceedings. 5. The attached Graffiti Abatement Costs and Expenses Matrix reflects the average costs and expenses associated with graffiti abatement in the City of Chula Vista. Section II. Chapter 9.20 of the Chula Vista Municipal Code regarding property defacement is amended to read as follows: 9.20.067 Collection of abatement costs through the juvenile court. A. For purposes of this section only, the following definitions are applicable: 1.“Minor” means a person under the age of eighteen (18) years who has been convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code, or has been found to be a person described by Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited in the Penal Code sections identified in this subdivision. 2. “Graffiti Abatement Costs and Expenses” includes: a. the average law enforcement costs per unit of measure incurred in identifying and apprehending a Minor; and b. the average costs per unit of measure incurred by the city in removing graffiti; and 2018-02-27 Agenda Packet Page 136 Ordinance Page 3 c. the average cost per unit of measure incurred by the city in repairing and replacing property of the types frequently defaced with graffiti that cannot be removed cost effectively. B. The San Diego County probation office and its agents, employees, and assigns are hereby authorized, on behalf of the city, to collect from the Minor, the Minor’s estate, or the Minor’s parent or guardian, the city’s Graffiti Abatement Costs and Expenses through juvenile court proceedings, and to promptly transfer said funds to the city. C. Updated Graffiti Abatement Costs and Expenses findings shall be reviewed and adopted by the City Council at least once every three years. Immediately after adoption, the city clerk shall cause a certified copy of the ordinance adopted pursuant to this section and any resolution containing updated cost findings to be forwarded to the clerk of the juvenile court in San Diego County and to the probation office of San Diego County. [Note: [Sections 9.20.010 through 9.20.065, and Section 9.20.070 remain unchanged]] Section III.The City Council hereby adopts the graffiti abatement costs and expenses as set forth in the Graffiti Abatement Costs and Expenses Matrix attached as Exhibit 1 hereto and incorporated by reference herein. Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by 2018-02-27 Agenda Packet Page 137 Ordinance Page 4 _____________________________________ ____________________________________ Glen R. Googins Glen R. Googins City Attorney City Attorney 2018-02-27 Agenda Packet Page 138 Updated 09/28/17ClassificationGraffiti Related AnnualWorking HoursAnnual Hours (Standard Hours)% of Time GraffitiRelated FBHRGraffiti RelatedHourly Rate (Prorated)0'‐1011'‐30'31'‐60' 61'‐100' 101'‐200' 201'‐300' 301'‐400' 401'‐500'Hourly Maintenance Worker I8822,08042.40%$68.06 $28.86$28.86 $28.86 $43.29 $50.51 $57.72 $64.94$72.15 $79.37Maintenance Worker I382,0801.83%$68.06 $1.24$1.24 $1.24 $1.87 $2.18 $2.49 $2.80 $3.11 $3.42Maintenance Worker II60.52,0802.91%$73.17 $2.13$2.13 $2.13 $3.19 $3.72 $4.26 $4.79 $5.32 $5.85Senior Maintenance Worker63.52,0803.05%$87.47 $2.67$2.67 $2.67 $4.01 $4.67 $5.34 $6.01 $6.68 $7.34Equipment Operator162,0800.77%$96.13 $0.74$0.74 $0.74 $1.11 $1.29 $1.48 $1.66 $1.85 $2.03Public Works Supervisor912,0804.38%$108.91 $4.76$4.76 $4.76 $7.15 $8.34 $9.53 $10.72 $11.91 $13.10Gardener II199.52,0809.59%$74.25 $7.12$7.12 $7.12 $10.68 $12.46 $14.24$16.02 $17.80 $19.58Senior Gardener392,0801.88%$86.98 $1.63$1.63 $1.63 $2.45 $2.85 $3.26 $3.67 $4.08 $4.48Graffiti Abatement Coordinator8322,08040.00%$107.57 $43.03$43.03 $43.03 $64.54$75.30 $86.06 $96.81 $107.57 $118.33Police Officers (2)3824,1609.18%$123.35 $11.33$11.33 $11.33 $16.99 $19.82 $22.65 $25.49 $28.32 $31.15$92.19$103.51 $103.51 $155.27 $181.15 $207.03 $232.91 $258.78$284.66SUPPLIES:RECYCLED PAINT GALLON:10.15 10.962.74$ 5.48$ 5.48$ 8.22$ 10.96 16.44 21.92 32.88BRUSHES8.99 9.79.70$ 9.70$ 9.70$ 9.70$ 19.40$ 19.40$ 19.40$ 19.40$ ROLLERS FRAME6.99 7.547.54$ 7.54$ 7.54$ 7.54$ 15.08$ 15.08$ 15.08$ 15.08$ SLEEVES2.99 3.223.22$ 3.22$ 3.22$ 3.22$ 6.44$ 6.44$ 6.44$ 6.44$ GRAFFITI WIPES 22.00$ 2.00$ 2.00$ 2.00$ 4.00$ 4.00$ 4.00$ 4.00$ OTHER SUPPLIES: GLOVES, GLASSES ETC..55.00$ 5.00$ 5.00$ 5.00$ 10.00$ 10.00$ 10.00$ 10.00$ 30.20$ 32.94$ 32.94$ 35.68$ 65.88$ 71.36$ 76.84$ 87.80$ EQUIPMENT:236720.1320.13$ 25.16$ 30.20$ 35.23$ 40.26$ 45.29$ 50.33$ 55.36$ 50.33$ 58.10$ 63.14$ 70.91$ 106.14$ 116.65$ 127.17$ 143.16$ COST FOR GRAFFITI PAINTING153.84$ 161.62$ 218.41$ 252.06$ 313.17$ 349.56$ 385.95$ 427.82$ LABOR HOURS$103.51 $103.51 $155.27 $181.15 $207.03 $232.91 $258.78$284.66EQUIPMENT:236720.13$ 25.16$ 30.20$ 35.23$ 40.26$ 45.29$ 50.33$ 55.36$ 123.64$ 128.68$ 185.47$ 216.38$ 247.29$ 278.20$ 309.11$ 340.02$ SUPPLIES: PRESSURE WASHING ‐ CHEMICALSBARE BRICK68.00$ 17.00$ 17.00$ 34.00$ 34.00$ 68.00$ 68.00$ 68.00$ 102.00$ TSW102.47$ 25.62$ 25.62$ 51.24$ 51.24$ 102.47$ 102.47$ 102.47$ 153.71$ 42.62$ 42.62$ 85.24$ 85.24$ 170.47$ 170.47$ 170.47$ 255.71$ COST FOR CHEMICAL REMOVAL ‐ PRESSURE WASHING166.26$ 171.29$ 270.70$ 301.61$ 417.76$ 448.67$ 479.58$ 595.73$ TOTAL COST$320.10 $332.91 $489.11 $553.67 $730.93 $798.23 $865.53 $1,023.552018 Graffiti Abatement Costs and Expenses Matrix CITY OF CHULA VISTA2018-02-27 Agenda PacketPage 139 City of Chula Vista Staff Report File#:18-0073, Item#: 8. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE TOBACCO RETAILERS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Staff is recommending that City Council adopt an ordinance requiring tobacco retailers to obtain permits to operate and comply with specified operating requirements in the City of Chula Vista. 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 proposed activity has been reviewed 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 administrative actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Although the state of California has numerous laws that regulate the sale of tobacco and are intended to restrict access to minors, minors continue to obtain cigarettes and other tobacco products in local jurisdictions throughout the state. California law permits local jurisdictions to enact their own tobacco permitting or licensure programs and further regulate tobacco retailers within their jurisdictions. In San Diego County, the cities of San Diego, El Cajon, and Vista have adopted such tobacco retailer ordinances. The City of Chula Vista currently has approximately 150 tobacco retailers operating within its jurisdiction; however, the Chula Vista Municipal Code does not presently require local tobacco retailers to obtain local permits to operate. A local tobacco retailer permit requirement would support the effective regulation of tobacco sales in the City of Chula Vista, including a prohibition on sales to minors. City of Chula Vista Printed on 2/22/2018Page 1 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 140 File#:18-0073, Item#: 8. Local efforts to restrict minor access to tobacco are particularly needed as a result of recent changes in state law that have made it more difficult for law enforcement to curb youth access to tobacco and tobacco paraphernalia. Prior to 2016, law enforcement officers could cite minors in possession of tobacco and related paraphernalia under PC 308. From 2014 through 2015, the Chula Vista Police Department issued over 1,300 citations for PC 308(b) violations. The number of citations issued is an indicator of the widespread problem of youth smoking in Chula Vista. In 2016, PC 308(b) was amended to eliminate any penal sanctions for minors possessing cigarettes or other smoking paraphernalia. The amended section now covers only criminal and civil sanctions for any “person, firm, or corporation” that furnishes tobacco products to anyone under the age of 21 (raised from 18, except for active military personnel). Since the elimination of PC 308(b), members of the community, including school staff and school resource officers, have noticed an increase in students smoking and possessing smoking paraphernalia. Due to the lack of sanctions for minor possession, these issues are handled individually with youth at the school level. California Business and Professions Code section 22958 (“the STAKE Act”) is a state law directly prohibiting the sale of tobacco and electronic cigarettes to minors and permitting prosecution of the store owner for violations. However, the STAKE Act can be enforced only by the Food and Drug Branch of the California Department of Health Services, which has limited state funding to devote to enforcing tobacco control laws. Considering both the gaps in state tobacco laws and the limited amount of enforcement at the state level, a local ordinance is essential to protecting public safety and limiting underage retail access to tobacco. Studies have shown that local tobacco retail permitting ordinances coupled with a strong enforcement program are effective in substantially reducing youth access to tobacco. The recent $2.00 increase in cigarette taxes includes a provision directing revenue from the state tax to local jurisdictions to assist in local tobacco control enforcement efforts. A sufficiently funded program in our community that is coupled with effective enforcement and meaningful sanctions are key to curbing youth smoking and enhancing public health and safety in Chula Vista. The proposed ordinance would create a permit program for tobacco retailers and impose limited operating requirements intended to increase public safety by reducing youth access to tobacco and to prevent the sale of black-market cigarettes. Operating requirements include compliance with all state laws, operation from a fixed location, prohibition on self-service displays, and requiring identification from any person who appears to be under twenty-seven (27) years of age. The proposed ordinance authorizes inspections of tobacco retail locations, which may include the use of underage minor decoys, to ensure compliance with applicable laws. Penalties for violations of local law include fines and the suspension and/or revocation of the permit to operate. In an effort to provide information and solicit community feedback on the proposed permit program, the Police Department has reached out to the Neighborhood Market Association, current tobacco retailers operating in the City of Chula Vista, the Chula Vista Chamber of Commerce, and the Healthy Chula Vista Initiative. The Police Department also held two informational forums for current tobacco retailers operating in the City. The overwhelming response to the proposed permit program by both stakeholders and the larger community has been positive. Staff now recommend that Chula Vista Municipal Code chapter 5.56 be amended to permit andCity of Chula Vista Printed on 2/22/2018Page 2 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 141 File#:18-0073, Item#: 8. Staff now recommend that Chula Vista Municipal Code chapter 5.56 be amended to permit and regulate tobacco retailers in the City of Chula Vista. 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 Councilmember, 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 amendment of chapter 5.56 supports the Healthy Community goal as it protects public health by further regulating tobacco retail establishments in the City of Chula Vista. CURRENT YEAR FISCAL IMPACT The subject amendments to chapter 5.56 results in no current year fiscal impact to the City, as permitting and regulatory costs are anticipated to be fully recovered by fees. ONGOING FISCAL IMPACT It is anticipated that the ongoing cost to permit and regulate tobacco retailers will be recovered through fees. In addition, the subject amendments to chapter 5.56 increase the City’s opportunity to apply for a state-funded grant to local jurisdictions to assist in local tobacco control enforcement efforts. ATTACHMENTS 1. Ordinance 2. Chapter 5.56 strike out underline version Staff Contact: Chief Roxana Kennedy; Sergeant Michael Varga; Megan McClurg City of Chula Vista Printed on 2/22/2018Page 3 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 142 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@580EBB90\@BCL@580EBB90.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE TOBACCO RETAILERS WHEREAS, based in part on the information contained in this section, the City Council finds that the public health, safety, and welfare of the residents of the Chula Vista is threatened when tobacco retailers fail to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors; and WHEREAS, the City Council finds that a local permitting system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City, to protect the health, safety, and welfare of our residents; and WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: • The Legislature has declared that smoking is the single most important source of preventable disease and premature death in California (Cal. Health & Safety Code § 118950); and • State law prohibits the sale or furnishing of cigarettes, tobacco products, and tobacco paraphernalia to persons under 21 (Cal. Pen. Code § 308); and • State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 21 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); and • State law prohibits the sale of tobacco products and paraphernalia through self- service displays with limited exceptions for tobacco stores (Cal. Bus. & Prof. Code § 22960, 22962); and • State law prohibits the sale of “bidis” (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Cal. Pen. Code § 308.1); and • State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of “roll-your-own” tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308.3); and 2018-02-27 Agenda Packet Page 143 Ordinance Page 2 WHEREAS, state law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code §§ 22970.1, 22972); and WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, state and local law prohibits sales of “drug paraphernalia”; and WHEREAS, many retailers nevertheless sell items that are commonly known to be “drug paraphernalia,” including bongs and pipes used to smoke methamphetamine and other illicit drugs, claiming that such items are intended for tobacco use; and WHEREAS, several California cities require compliance with state drug paraphernalia laws as a condition of obtaining and maintaining a local tobacco retailer license; and WHEREAS, California courts have affirmed the power of the City to regulate business activity to discourage violations of law. See, e.g., Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (2010); and WHEREAS, research demonstrates that local tobacco retail ordinances dramatically reduce youth access to cigarettes. For example: • A 2013 American Lung Association in California review of 33 California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in 31 of these communities after the ordinances were enacted, with an average decrease of 26 percent in the youth sales rate; and • The California Department of Health, Tobacco Control Section, reports that over 90 percent of enforcement agencies surveyed rated license suspension or revocation after repeated violations as an effective strategy to reduce youth access to tobacco; and • A 2012 study by the U.S. Department of Health and Human Services found that odds of daily smoking were reduced by 2% for each 1% increase in merchant compliance with youth access laws; and WHEREAS, over 100 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from using tobacco; and WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws; and 2018-02-27 Agenda Packet Page 144 Ordinance Page 3 WHEREAS, City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Chapter 5.56 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 5.56 TOBACCO RETAILER Sections: 5.56.010 Definitions. 5.56.020 Tobacco Retailer’s Permit Required. 5.56.030 Permit Application and Procedure. 5.56.040 Issuance of a Permit. 5.56.050 Permit Renewal and Expiration. 5.56.060 Permits Nontransferable. 5.56.070 Permit Conveys a Limited, Conditional Privilege. 5.56.080 Permit Fee. 5.56.090 Tobacco Retailer Operating Requirements and Prohibitions. 5.56.100 Compliance Monitoring. 5.56.110 Suspension or Revocation of Permit. 5.56.120 Violations; Penalties. 5.56.130 Requirement for Tobacco Retailer Permit; Operative Date. CROSS REFERENCE: Sales and Use Tax, see Ch. 3.36 CVMC. Smoking prohibited, see Ch. 8.22 CVMC. 5.56.010 Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: 2018-02-27 Agenda Packet Page 145 Ordinance Page 4 A. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm’s Length Transaction. B. “Applicant” means the Person applying for a permit pursuant to this chapter. C. “Chief of Police” means the Chief of Police of the City of Chula Vista, or his/her designee. D. “City” means the City of Chula Vista. E. “City Attorney” means the City Attorney for the City of Chula Vista, or his/her designee. F. “Crime of Moral Turpitude” means a crime involving a readiness to do evil, an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in their honesty, deceit, or fraud. G. “Drug Paraphernalia” has the meaning set forth in California Health & Safety Code section 11014.5, as that section may be amended from time to time. H. “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. I. “Owner” means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a twenty percent (20%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business. J. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. K. “Police Department” means the Chula Vista Police Department, and any agency or Person designated by the Department to enforce or administer the provisions of this chapter. L. “Self-Service Display” means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. M. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of a Tobacco Product. N. “Tobacco Product” means: 2018-02-27 Agenda Packet Page 146 Ordinance Page 5 1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and 2. any Electronic Smoking Device. 3. Notwithstanding any provision of subsections (1) and (2) to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. O. “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco Retailer does not include persons licensed by the City to conduct commercial cannabis activity in accordance with chapter 5.19 of this code. 5.56.020 Tobacco Retailer’s Permit Required. It shall be unlawful for any Person to act as a Tobacco Retailer in the City without first obtaining and maintaining, for each location at which Tobacco Retailing is to occur, a valid Tobacco Retailer’s permit pursuant to this chapter, a valid business license pursuant to chapter 5.02 of this code, and any and all required state licenses, including but not limited to a California Cigarette and Tobacco Products Retailer’s License. 5.56.030 Permit Application and Procedure. A. All applications shall be submitted on a form supplied by the Police Department and shall include, but not be limited to, the following information: 1.The Applicant’s business name and address. 2.The address of the proposed Tobacco Retailer business location. 3.If the Applicant is a natural person: a. the full true name and any other names ever used by the Applicant; b. the current residential address and telephone number of the Applicant; c. written proof that the applicant is 21 years of age or older; d. the Applicant’s height, weight, and color of eyes and hair; e. the Applicant’s valid social security number; f. photographs of the Applicant as specified by the Chief of Police; 2018-02-27 Agenda Packet Page 147 Ordinance Page 6 g. the applicant’s business, occupation, and employment history for the five years immediately preceding the date of application, including addresses and dates of employment; h. a list of all crimes for which the applicant has been convicted, including those dismissed pursuant to Penal Code section 1203.4, except traffic infractions, and a statement of the dates and places of such convictions; 4.If the Applicant is a corporation, the name of the corporation exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than 25 percent of the stock of the corporation. 5.If the Applicant is a partnership, the name and residential address of each of the partners, including limited partners. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by 5.56.030(A)(4) above. 6.If the Applicant is a limited partnership, a copy of the limited partnership’s certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by 5.56.030(A)(4) above. 7. If the Applicant is a corporation or partnership, the name of the responsible managing officer pursuant to 5.56.030(C) below. 8.A single name and mailing address authorized by the Applicant to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, the Applicant shall be understood to consent to the provision of notice at the address specified in subparagraph 1 above. 9.All fictitious business names ever used by the Applicant and the respective addresses of those businesses. 10. Whether the Applicant has ever had any license or permit issued by any agency or board, or any city, county, state, or federal agency suspended or revoked, or has had any professional or vocational license or permit suspended or revoked within five years immediately preceding the application, and the reason for the suspension or revocation. 11. The name and address of the current owner and lessor of the real property upon which the proposed Tobacco Retailing business is to be conducted, and a copy of the lease or rental agreement. 12. Copies of all business tax certificates and local business licenses. 13. Copies of applications for licenses and licenses issued pursuant to California Business and 2018-02-27 Agenda Packet Page 148 Ordinance Page 7 Professions Code sections 22970, et seq., the “Cigarette and Tobacco Products Licensing Act of 2003”. If an application for a license pursuant to the “Cigarette and Tobacco Products Licensing Act of 2003” has been denied, copies of documentation regarding the reason for the denial of such license. 14. At the discretion of the Chief of Police, such other identification and information, including fingerprints, as may be required in order to discover the truth of the matters herein and/or deemed necessary for the administration or enforcement of this chapter as specified on the application form required by this section. B. Owners, Corporate Officers, Partners Deemed Applicants. Each Owner of a Tobacco Retailer applicant is deemed a co-Applicant and each shall provide the information required in 5.56.030(A) above. For Tobacco Retailer applicants with less than twenty (20) employees, each corporate officer or partner of a Tobacco Retailer is deemed a co-Applicant and each shall provide the information required in 5.56.030(A) above. C. Designation of Responsible Managing Officer. A Tobacco Retailer applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. D. Change in Information. An Applicant shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s Permit within ten (10) business days of a change. E. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions. F. Application Fee. The Applicant shall pay an application fee in an amount to be set by the City Council to cover the costs incurred by the City to process the application. 5.56.040 Issuance of a Permit. A. Upon the receipt of a complete application for a Tobacco Retailer’s permit and the permit fee required by this chapter, the Chief of Police shall have authority to grant or deny the application for Tobacco Retailer permit. An application for permit may be denied by the Chief of Police for any of the following reasons: 1.The application is received after the designated time and date. 2.The application is not in the required form and/or is incomplete. 3.The Applicant has made a false, misleading, or fraudulent statement, or omission of fact in the application or in the application process; 4.The Applicant or a co-Applicant has failed to submit fingerprints or other information deemed necessary by the Chief of Police pursuant to 5.56.030 above. 2018-02-27 Agenda Packet Page 149 Ordinance Page 8 5. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action against any type of license for violations of any tobacco control law, including but not limited to the following offenses: Penal Code section 308, Business and Professions Code sections 225950, et seq. (“Stop Tobacco Access to Kids Enforcement Act” or the “STAKE Act”), Business and Professions Code sections 22970, et seq. (“Cigarette and Tobacco Products Licensing Act of 2003”), or a charge of violating a lesser-included or lesser-related offense including, but not limited to, Penal Coe 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section. 6. The Applicant or a co-Applicant has within ten years immediately preceding the date of the filing of the application been convicted of any felony criminal offense or any Crime of Moral Turpitude. 7. There are charges pending against the Applicant or a co-Applicant for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. 8. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action for violation of local, state, or federal law. 9. The Applicant seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code including without limitation the zoning, building, and business license tax regulations and codes, or that is unlawful pursuant to any other law. 10. The Applicant or a co-Applicant has had a Tobacco Retailer’s renewal permit or an application for a Tobacco Retailer’s permit denied within one year prior to the date of application. 11. The Applicant or a co-Applicant is ineligible for a Tobacco Retailer permit pursuant to section 5.56.120. B. The Chief of Police shall serve the Applicant, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the application for Tobacco Retailer’s permit. If the application has been approved, the notice shall state the permit fee amount, the date by which the permit fee must be paid, and the location where payment must be made. If the application has been denied, the notice shall state the reasons for denial, the effective date of the decision, and the right of the applicant to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the application shall be final. The City Manager shall provide dated written notice to the applicant, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the applicant to seek judicial review of the City Manager’s determination. C. No permit shall issue pursuant to this chapter unless the permit fee, established in accordance with 5.56.080, has been timely paid pursuant to the notice issued above. 2018-02-27 Agenda Packet Page 150 Ordinance Page 9 D. A permit issued under this chapter shall be valid for a period of one year from the date of the issuance or from the date of renewal. 5.56.050 Permit Renewal and Expiration A. A Tobacco Retailer’s permit shall automatically renew on an annual basis unless the Chief of Police determines prior to the date on which the permit is to be automatically renewed that any of the factors identified in subsection C below exist. A Tobacco Retailer shall have the duty to ensure that all City records generated pursuant to this chapter are accurate and up-to-date prior to automatic renewal. B. The Tobacco Retailer shall pay a renewal fee established pursuant to 5.56.080 prior to the date on which the permit is to be automatically renewed. C. The Chief of Police shall have authority to grant or deny the renewal permit. A renewal permit may be denied by the Chief of Police for any of the following reasons: 1. Any of the grounds for suspension or revocation under section 5.56.110 exist; 2. The permit is suspended or revoked at the time of the application; 3. The Tobacco Retailer has not been in regular and continuous operation in the four months prior to the renewal application. 4. The Tobacco Retailer fails to or is unable to renew any required state licenses. 5. The Tobacco Retailer has failed to pay the renewal fee established pursuant to 5.56.080 prior to the date on which the permit is to be automatically renewed. 6. The Tobacco Retailer fails to ensure that all City records generated pursuant to this chapter are accurate and up-to-date prior to the automatic renewal. D. The Chief of Police is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the Chief of Police is authorized to impose additional conditions on a renewal permit if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. E. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the renewal permit. A denial notice shall state the reasons for the action, the effective date of the decision, and the right of the Tobacco Retailer to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the renewal permit shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. 5.56.060 Permits Nontransferable. A. A Tobacco Retailer’s permit may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer’s permit is required whenever a Tobacco Retailer 2018-02-27 Agenda Packet Page 151 Ordinance Page 10 has a change in more than 20% ownership of the Tobacco Retailer or whenever a Tobacco Retailer changes location. B. Notwithstanding any other provision of this chapter, prior violations at a Tobacco Retailer location shall continue to be counted against the location and permit ineligibility periods shall continue to apply to the location unless: 1. the location has been transferred to new Owner in an Arm’s Length Transaction; and 2. the new Owner provides the City with clear and convincing evidence that the new Owner(s) have acquired or are acquiring the location in an Arm’s Length Transaction. 5.56.070 Permit Conveys a Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s permit any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit. It is the responsibility of each permittee to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer’s Permit. No permittee may rely on the issuance of a permit as a determination by the City that the permittee has complied with all laws applicable to Tobacco Retailing. Nothing in this chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer’s license any status or right to act as a Tobacco Retailer in contravention of any provision of law. 5.56.080 Permit Fee. The fee to issue or to renew a Tobacco Retailer’s permit shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. 5.56.090 Tobacco Retailer Operating Requirements and Prohibitions. A. Compliance with All Laws Required. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. B. Fixed Location Required. No Person shall engage in Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot or from vehicles is prohibited. C. Display of Permit. Each Tobacco Retailer permit shall be prominently displayed in a publicly visible location at the permitted location. D. Positive Identification Required. No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under 2018-02-27 Agenda Packet Page 152 Ordinance Page 11 the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. E. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited. F. Tobacco Display Prohibited without Valid Permit. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display Tobacco Products or Tobacco Paraphernalia in public view. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. G. Drug Paraphernalia. It shall be a violation of this chapter for any permittee or any of the permittee’s agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, except that conduct authorized pursuant to state law shall not be a violation of this chapter. H. Windows. 1. In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to cover more than 20 percent of the window area with window signs in accordance with section 19.60.500 of this code. 2. All windows shall be maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights of way or from the entrance. I. Change in Information. A Tobacco Retailer shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s permit within ten (10) business days of a change. 5.56.100 Compliance Monitoring. A. Compliance with this chapter shall be monitored by the Police Department. In addition, any peace and/or code enforcement officer may enforce the provisions of this chapter. B. The Police Department shall inspect each Tobacco Retailer at least one (1) time per twenty- four (24) month period. Nothing in this paragraph shall create a right of action in any permittee or other Person against the City or its agents. C. Right of Access. The Police Department and/or their authorized representatives shall have full access to enter a permitted Tobacco Retailer location to conduct an inspection during the operating hours of the Tobacco Retailer. Failure to cooperate with any Police Department 2018-02-27 Agenda Packet Page 153 Ordinance Page 12 inspection may result in a permit violation subject to suspension or revocation. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. 5.56.110 Suspension or Revocation of Permit. A. Suspension or Revocation of Permit for Violation. In addition to any other penalty authorized by law, a Tobacco Retailer’s permit may be suspended or revoked if any court of competent jurisdiction determines, or the Chief of Police finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee’s agents, officers, partners, representatives, managers, or employees has violated any of the requirements, conditions, or prohibitions of this chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in section 5.56.020 above as follows: 1.Upon a finding by the Chief of Police of a first violation of this chapter at a location, the permittee shall be issued a warning by the Department. 2. Upon a finding by the Chief of Police of a second violation of this chapter at a location within any sixty-month (60) period, the permit shall be suspended for ninety (90) days. 3.Upon a finding by the Chief of Police of a third violation of this chapter at a location within any sixty-month (60) period, the permit shall be suspended for one (1) year. 4.Upon a finding by the Chief of Police of a fourth violation of this chapter at a location within any sixty-month (60) period, the permit shall be revoked. B. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to suspend or revoke the permit. A suspension or revocation notice shall state the reasons for the action, the effective date of the decision, and the right of the permittee to appeal the decision to the City Manager. An appeal to the City Manager is not available for a revocation made pursuant to subsection (C) below. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the suspension or revocation shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. C. Revocation of Permit Wrongly Issued. A Tobacco Retailer’s permit shall be revoked if the Chief of Police finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under section 5.56.020 existed at the time application was made or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under section 5.56.050 existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with subsection B above. 2018-02-27 Agenda Packet Page 154 Ordinance Page 13 D. If a permit issued under this chapter is suspended or revoked, all Tobacco Products and Tobacco Paraphernalia at the suspended or revoked Tobacco Retailer’s location shall be removed from public view for the duration of the suspension or revocation. The Tobacco Retailer additionally shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation. 5.56.120 Violations; Penalties. A. It shall be unlawful for any Person to violate any provision, or to fail to comply with the requirements, of this chapter or any regulation adopted hereunder. Any person violating any of the provisions or failing to comply with any of the requirements this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500.00 for each and every offense. D. Tobacco Retailing Without a Valid Permit; Ineligibility for Permit. In addition to any other penalty authorized by law, if the Chief of Police finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s permit, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s permit as follows: 1. After a first violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until thirty (30) days have passed from the date of the violation. 2. After a second violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until ninety (90) days have passed from the date of the violation. 2018-02-27 Agenda Packet Page 155 Ordinance Page 14 3. After of a third or subsequent violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until five (5) years have passed from the date of the violation. E. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. F. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. 5.56.130 Requirement for Tobacco Retailer Permit; Operative Date. For a Tobacco Retailer business not in existence, a Tobacco Retailer permit must be obtained prior to commencement of Tobacco Retailing. For an existing Tobacco Retailer business, a Tobacco Retailer permit must be obtained the later to occur of six (6) months after the date the Police Department begins accepting applications for Tobacco Retailer permits or upon renewal of the Tobacco Retailer’s business license issued pursuant to chapter 5.02 of this code. 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. 2018-02-27 Agenda Packet Page 156 Ordinance Page 15 Presented by Approved as to form by _____________________________________ ____________________________________ Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2018-02-27 Agenda Packet Page 157 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 1/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Sections: 5.56.010 Definitions. 5.56.020 Tobacco Retailer’s Permit Required. 5.56.030 Permit Application and Procedure. 5.56.040 Issuance of a Permit. 5.56.050 Permit Renewal and Expiration. 5.56.060 Permits Nontransferable. 5.56.070 Permit Conveys a Limited, Conditional Privilege. 5.56.080 Permit Fee. 5.56.090 Tobacco Retailer Operating Requirements and Prohibitions. 5.56.100 Compliance Monitoring. 5.56.110 Suspension or Revocation of Permit. 5.56.120 Violations; Penalties. 5.56.130 Requirement for Tobacco Retailer Permit; Operative Date. CROSS REFERENCE: Sales and Use Tax, see Ch. 3.36 CVMC. Smoking prohibited, see Ch. 8.22 CVMC. 5.56.010 Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm’s Length Transaction. B. “Applicant” means the Person applying for a permit pursuant to this chapter. C. “Chief of Police” means the Chief of Police of the City of Chula Vista, or his/her designee. D. “City” means the City of Chula Vista. E. “City Attorney” means the City Attorney for the City of Chula Vista, or his/her designee. F. “Crime of Moral Turpitude” means a crime involving a readiness to do evil, an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in their honesty, deceit, or fraud. G. “Drug Paraphernalia” has the meaning set forth in California Health & Safety Code section 11014.5, as that section may be amended from time to time. H. “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. I. “Owner” means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a twenty percent (20%) or greater interest in the stock, assets, or income of a 2018-02-27 Agenda Packet Page 158 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 2/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business. J. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. K. “Police Department” means the Chula Vista Police Department, and any agency or Person designated by the Department to enforce or administer the provisions of this chapter. L. “Self-Service Display” means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. M. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of a Tobacco Product. N. “Tobacco Product” means: 1. any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and 2. any Electronic Smoking Device. 3. Notwithstanding any provision of subsections (1) and (2) to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. O. “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco Retailer does not include persons licensed by the City to conduct commercial cannabis activity in accordance with chapter 5.19 of this code. 5.56.020 Tobacco Retailer’s Permit Required. It shall be unlawful for any Person to act as a Tobacco Retailer in the City without first obtaining and maintaining, for each location at which Tobacco Retailing is to occur, a valid Tobacco Retailer’s permit pursuant to this chapter, a valid business license pursuant to chapter 5.02 of this code, and any and all required state licenses, including but not limited to a California Cigarette and Tobacco Products Retailer’s License. 5.56.030 Permit Application and Procedure. A. All applications shall be submitted on a form supplied by the Police Department and shall include, but not be limited to, the following information: 1. The Applicant’s business name and address. 2. The address of the proposed Tobacco Retailer business location. 3. If the Applicant is a natural person: a. the full true name and any other names ever used by the Applicant; b. the current residential address and telephone number of the Applicant; 2018-02-27 Agenda Packet Page 159 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 3/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. c. written proof that the applicant is 21 years of age or older; d. the Applicant’s height, weight, and color of eyes and hair; e. the Applicant’s valid social security number; f. photographs of the Applicant as specified by the Chief of Police; g. the applicant’s business, occupation, and employment history for the five years immediately preceding the date of application, including addresses and dates of employment; h. a list of all crimes for which the applicant has been convicted, including those dismissed pursuant to Penal Code section 1203.4, except traffic infractions, and a statement of the dates and places of such convictions; 4. If the Applicant is a corporation, the name of the corporation exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than 25 percent of the stock of the corporation. 5. If the Applicant is a partnership, the name and residential address of each of the partners, including limited partners. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by 5.56.030(A)(4) above. 6. If the Applicant is a limited partnership, a copy of the limited partnership’s certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by 5.56.030(A)(4) above. 7. If the Applicant is a corporation or partnership, the name of the responsible managing officer pursuant to 5.56.030(C) below. 8. A single name and mailing address authorized by the Applicant to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, the Applicant shall be understood to consent to the provision of notice at the address specified in subparagraph 1 above. 9. All fictitious business names ever used by the Applicant and the respective addresses of those businesses. 10. Whether the Applicant has ever had any license or permit issued by any agency or board, or any city, county, state, or federal agency suspended or revoked, or has had any professional or vocational license or permit suspended or revoked within five years immediately preceding the application, and the reason for the suspension or revocation. 11. The name and address of the current owner and lessor of the real property upon which the proposed TobaccoRetailing business is to be conducted, and a copy of the lease or rental agreement. 12. Copies of all business tax certificates and local business licenses. 13. Copies of applications for licenses and licenses issued pursuant to California Business and Professions Code sections 22970, et seq., the “Cigarette and Tobacco Products Licensing Act of 2003”. If an application for a license pursuant to the “Cigarette and Tobacco Products Licensing Act of 2003” has been denied, copies of documentation regarding the reason for the denial of such license. 14. At the discretion of the Chief of Police, such other identification and information, 2018-02-27 Agenda Packet Page 160 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 4/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. including fingerprints, as may be required in order to discover the truth of the matters herein and/or deemed necessary for the administration or enforcement of this chapter as specified on the application form required by this section. B. Owners, Corporate Officers, Partners Deemed Applicants. Each Owner of a Tobacco Retailer applicant is deemed a co-Applicant and each shall provide the information required in 5.56.030(A) above. For Tobacco Retailer applicants with less than twenty (20) employees, each corporate officer or partner of a Tobacco Retailer is deemed a co-Applicant and each shall provide the information required in 5.56.030(A) above. C. Designation of Responsible Managing Officer. A Tobacco Retailer applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. D. Change in Information. An Applicant shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s Permit within ten (10) business days of a change. E. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions. F. Application Fee. The Applicant shall pay an application fee in an amount to be set by the City Council to cover the costs incurred by the City to process the application. 5.56.040 Issuance of a Permit. A. Upon the receipt of a complete application for a Tobacco Retailer’s permit and the permit fee required by this chapter, the Chief of Police shall have authority to grant or deny the application for Tobacco Retailer permit. An application for permit may be denied by the Chief of Police for any of the following reasons: 1. The application is received after the designated time and date. 2. The application is not in the required form and/or is incomplete. 3. The Applicant has made a false, misleading, or fraudulent statement, or omission of fact in the application or in the application process; 4. The Applicant or a co-Applicant has failed to submit fingerprints or other information deemed necessary by the Chief of Police pursuant to 5.56.030 above. 5. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action against any type of license for violations of any tobacco control law, including but not limited to the following offenses: Penal Code section 308, Business and Professions Code sections 225950, et seq. (“Stop Tobacco Access to Kids Enforcement Act” or the “STAKE Act”), Business and Professions Code sections 22970, et seq. (“Cigarette and Tobacco Products Licensing Act of 2003”), or a charge of violating a lesser-included or lesser-related offense including, but not limited to, Penal Coe 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section. 6. The Applicant or a co-Applicant has within ten years immediately preceding the date of the filing of the application been convicted of any felony criminal offense or any Crime of Moral Turpitude. 7. There are charges pending against the Applicant or a co-Applicant for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. 8. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action for violation of local, state, or federal law. 2018-02-27 Agenda Packet Page 161 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 5/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. 9. The Applicant seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code including without limitation the zoning, building, and business license tax regulations and codes, or that is unlawful pursuant to any other law. 10. The Applicant or a co-Applicant has had a Tobacco Retailer’s renewal permit or an application for a Tobacco Retailer’s permit denied within one year prior to the date of application. 11. The Applicant or a co-Applicant is ineligible for a Tobacco Retailer permit pursuant to section 5.56.120. B. The Chief of Police shall serve the Applicant, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the application for Tobacco Retailer’s permit. If the application has been approved, the notice shall state the permit fee amount, the date by which the permit fee must be paid, and the location where payment must be made. If the application has been denied, the notice shall state the reasons for denial, the effective date of the decision, and the right of the applicant to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the application shall be final. The City Manager shall provide dated written notice to the applicant, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the applicant to seek judicial review of the City Manager’s determination. C. No permit shall issue pursuant to this chapter unless the permit fee, established in accordance with 5.56.080, has been timely paid pursuant to the notice issued above. D. A permit issued under this chapter shall be valid for a period of one year from the date of the issuance or from the date of renewal. 5.56.050 Permit Renewal and Expiration A. A Tobacco Retailer’s permit shall automatically renew on an annual basis unless the Chief of Police determines prior to the date on which the permit is to be automatically renewed that any of the factors identified in subsection C below exist. A Tobacco Retailer shall have the duty to ensure that all City records generated pursuant to this chapter are accurate and up-to-date prior to automatic renewal. B. The Tobacco Retailer shall pay a renewal fee established pursuant to 5.56.080 prior to the date on which the permit is to be automatically renewed. C. The Chief of Police shall have authority to grant or deny the renewal permit. A renewal permit may be denied by the Chief of Police for any of the following reasons: 1. Any of the grounds for suspension or revocation under section 5.56.110 exist; 2. The permit is suspended or revoked at the time of the application; 3. The Tobacco Retailer has not been in regular and continuous operation in the four months prior to the renewal application. 4. The Tobacco Retailer fails to or is unable to renew any required state licenses. 5. The Tobacco Retailer has failed to pay the renewal fee established pursuant to 5.56.080 prior to the date on which the permit is to be automatically renewed. 6. The Tobacco Retailer fails to ensure that all City records generated pursuant to this chapter are accurate and up-to-date prior to the automatic renewal. D. The Chief of Police is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the Chief of Police is authorized to impose additional conditions on a renewal permit if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. 2018-02-27 Agenda Packet Page 162 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 6/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. E. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the renewal permit. A denial notice shall state the reasons for the action, the effective date of the decision, and the right of the Tobacco Retailer to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the renewal permit shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. 5.56.060 Permits Nontransferable. A. A Tobacco Retailer’s permit may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer’s permit is required whenever a Tobacco Retailer has a change in more than 20% ownership of the Tobacco Retailer or whenever a Tobacco Retailer changes location. B. Notwithstanding any other provision of this chapter, prior violations at a Tobacco Retailer location shall continue to be counted against the location and permit ineligibility periods shall continue to apply to the location unless: 1. the location has been transferred to new Owner in an Arm’s Length Transaction; and 2. the new Owner provides the City with clear and convincing evidence that the new Owner(s) have acquired or are acquiring the location in an Arm’s Length Transaction. 5.56.070 Permit Conveys a Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s permit any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit. It is the responsibility of each permittee to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer’s Permit. No permittee may rely on the issuance of a permit as a determination by the City that the permittee has complied with all laws applicable to Tobacco Retailing. Nothing in this chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer’s license any status or right to act as a Tobacco Retailer in contravention of any provision of law. 5.56.080 Permit Fee. The fee to issue or to renew a Tobacco Retailer’s permit shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. 5.56.090 Tobacco Retailer Operating Requirements and Prohibitions. A. Compliance with All Laws Required. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. B. Fixed Location Required. No Person shall engage in Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot or from vehicles is prohibited. C. Display of Permit. Each Tobacco Retailer permit shall be prominently displayed in a publicly visible location at the permitted location. D. Positive Identification Required. No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. 2018-02-27 Agenda Packet Page 163 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 7/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. E. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited. F. Tobacco Display Prohibited without Valid Permit. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display Tobacco Products or Tobacco Paraphernalia in public view. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. G. Drug Paraphernalia. It shall be a violation of this chapter for any permittee or any of the permittee’s agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, except that conduct authorized pursuant to state law shall not be a violation of this chapter. H. Windows. 1. In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to cover more than 20 percent of the window area with window signs in accordance with section 19.60.500 of this code. 2. All windows shall be maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights of way or from the entrance. I. Change in Information. A Tobacco Retailer shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s permit within ten (10) business days of a change. 5.56.100 Compliance Monitoring. A. Compliance with this chapter shall be monitored by the Police Department. In addition, any peace and/or code enforcement officer may enforce the provisions of this chapter. B. The Police Department shall inspect each Tobacco Retailer at least one (1) time per twenty-four (24) month period. Nothing in this paragraph shall create a right of action in any permittee or other Person against the City or its agents. C. Right of Access. The Police Department and/or their authorized representatives shall have full access to enter a permitted Tobacco Retailer location to conduct an inspection during the operating hours of the Tobacco Retailer. Failure to cooperate with any Police Department inspection may result in a permit violation subject to suspension or revocation. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. 5.56.110 Suspension or Revocation of Permit. A. Suspension or Revocation of Permit for Violation. In addition to any other penalty authorized by law, a Tobacco Retailer’s permit may be suspended or revoked if any court of competent jurisdiction determines, or the Chief of Police finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee’s agents, officers, partners, representatives, managers, or employees has violated any of the requirements, conditions, or prohibitions of this chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in section 5.56.020 above as follows: 1. Upon a finding by the Chief of Police of a first violation of this chapter at a location, the permittee shall be issued a warning by the Department. 2. Upon a finding by the Chief of Police of a second violation of this chapter at a location within any sixty-month (60) period, the permit shall be suspended for ninety (90) days. 3. Upon a finding by the Chief of Police of a third violation of this chapter at a location within 2018-02-27 Agenda Packet Page 164 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 8/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. any sixty-month (60) period, the permit shall be suspended for one (1) year. 4. Upon a finding by the Chief of Police of a fourth violation of this chapter at a location within any sixty-month (60) period, the permit shall be revoked. B. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to suspend or revoke the permit. A suspension or revocation notice shall state the reasons for the action, the effective date of the decision, and the right of the permittee to appeal the decision to the City Manager. An appeal to the City Manager is not available for a revocation made pursuant to subsection (C) below. Any appeal must be filed in writing with the City Clerk within fourteen days of service of the notice. The City Manager’s determination regarding the suspension or revocation shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. C. Revocation of Permit Wrongly Issued. A Tobacco Retailer’s permit shall be revoked if the Chief of Police finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under section 5.56.020 existed at the time application was made or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under section 5.56.050 existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with subsection B above. D. If a permit issued under this chapter is suspended or revoked, all Tobacco Products and Tobacco Paraphernalia at the suspended or revoked Tobacco Retailer’s location shall be removed from public view for the duration of the suspension or revocation. The Tobacco Retailer additionally shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation. 5.56.120 Violations; Penalties. A. It shall be unlawful for any Person to violate any provision, or to fail to comply with the requirements, of this chapter or any regulation adopted hereunder. Any person violating any of the provisions or failing to comply with any of the requirements this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500.00 for each and every offense. D. Tobacco Retailing Without a Valid Permit; Ineligibility for Permit. In addition to any other penalty authorized by law, if the Chief of Police finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s permit, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s permit as follows: 2018-02-27 Agenda Packet Page 165 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 9/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. 1. After a first violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until thirty (30) days have passed from the date of the violation. 2. After a second violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until ninety (90) days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any sixty-month (60) period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until five (5) years have passed from the date of the violation. E. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. F. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. 5.56.130 Requirement for Tobacco Retailer Permit; Operative Date. For a Tobacco Retailer business not in existence, a Tobacco Retailer permit must be obtained prior to commencement of Tobacco Retailing. For an existing Tobacco Retailer business, a Tobacco Retailer permit must be obtained the later to occur of six (6) months after the date the Police Department begins accepting applications for Tobacco Retailer permits or upon renewal of the Tobacco Retailer’s business license issued pursuant to chapter 5.02 of this code. 5.56.010 Intent and purpose of provisions. 5.56.020 Definitions. 5.56.030 Signage required. 5.56.040 Examining identification. 5.56.050 Original packaging required. 5.56.060 No self-service sale. 5.56.070 Purchase, use or possession by minors prohibited. 5.56.075 No vending machine sale. 5.56.080 Vending machines – Supervision and control required. 5.56.090 Other applicable laws. 5.56.100 Violation, enforcement and penalties. 5.56.200 Severability. 5.56.300 Compliance period. 5.56.400 Exceptions. * For statutory prohibition of selling tobacco to persons 18 years of age or under, see Penal Code § 308; for authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to license businesses in the exercise of police power, see Bus. and Prof. Codes §§ 16000 – 16003. CROSS REFERENCE: Sales and Use Tax, see Ch. 3.36 CVMC. Smoking prohibited, see Ch. 8.22 CVMC. 5.56.010 Intent and purpose of provisions. It is the intent of this chapter to provide regulatory measures for the use, sale or possession of tobacco and tobacco products, as well as other weed, plant, vegetable or other nontobacco products used for the purpose of smoking, to protect the health, safety and general welfare of all citizens from the problems and discomfort of air pollution by the smoking of pipes, cigars or cigarettes in certain places of public assemblage and to reinforce the prohibition on the use of tobacco, tobacco products and weed, plant, vegetable or other nontobacco products used for the purpose of smoking by youths under the age of 18, in the interest of reducing the demonstrated hazards to health resulting in the use of such products, especially cigarettes. It is the purpose of the city council to eliminate the easy availability of such products to minors, particularly by means of the unsupervised or poorly supervised vending machines, 2018-02-27 Agenda Packet Page 166 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 10/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. by imposing strict standards of responsibility upon the owners or lessees of the premises where said vending machines are located. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.1). 5.56.020 Definitions. For the purposes of this chapter, the following words are defined as follows, unless otherwise set forth: A. “Business” means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. B. “Effective date” means January 16, 1997, the date the ordinance codified in this chapter becomes effective. C. “Employee” means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity. D. “Minor” means any individual who is less than 18 years old. E. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a “nonprofit entity” within the meaning of this section. F. “Person” shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. G. “Self-service merchandising” means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee. H. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion. I. “Tobacco retailer” shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. J. “Tobacco vending machine” means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. K. “Vendor-assisted” means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Ord. 2693 § 1, 1996). 5.56.030 Signage required. No person or business shall engage in the sale of a tobacco product without first posting a plainly visible sign at the point of purchase of tobacco products which states: “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.” The letters of the sign shall be at least one-quarter inch high. (Ord. 2693 § 1, 1996). 5.56.040 Examining identification. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as 18 years or greater, unless the seller has some reasonable basis for determining the buyer’s age. (Ord. 2693 § 1, 1996). 5.56.050 Original packaging required. No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings. (Ord. 2693 § 1, 1996). 5.56.060 No self-service sale. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.5). 5.56.070 Purchase, use or possession by minors prohibited. It is unlawful for any person under the age of 18 years to buy, smoke or have in their possession with intent to use for smoking purposes upon any street or in any public place within the city any tobacco, tobacco 2018-02-27 Agenda Packet Page 167 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 11/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. products, cigarettes, cigarette papers, or any weed, plant, vegetable or other nontobacco substitute cigarettes. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.6). 5.56.075 No vending machine sale. Except as provided in CVMC 5.56.400, no person, business, or tobacco retailer shall locate, install, keep maintain or use, or permit the location, installation, keeping, maintenance or use, on his, her or its premises any vending machine for the purposes of selling or distributing any tobacco product. (Ord. 2693 § 1, 1996). 5.56.080 Vending machines – Supervision and control required. Every person, firm or corporation which owns or leases premises where a vending machine dispensing tobacco, tobacco products, particularly cigarettes, or tobacco substitutes is allowed to be maintained, pursuant to CVMC 5.56.400, shall locate said vending machine at least 15 feet away from the entrance of the premises and in a place or position within said premises clearly visible from the place or position where the owner or lessee, or the employee or agent of the owner or lessee, normally or customarily conducts the business being operated on said premises, so as to afford a clear and unobstructed view of said vending machine and the person or persons purchasing the products dispensed by said machine by said owner or lessee, or the employee or agent of the owner or lessee. Further, strict supervision and control of the use of said vending machine shall be maintained throughout the hours of the operation of the business, and the failure to do so, resulting in the purchase of tobacco, tobacco products, especially cigarettes, or tobacco substitutes by a minor from any such vending machine, shall be presumed to be a violation of this chapter and Section 308 of the Penal Code of the state of California by the owner or lessee, or the employee or agent of the owner or lessee, charged with the responsibility for such control and supervision. (Ord. 2693 § 1, 1996; Ord. 1133 § 1, 1968; prior code § 20.2.7). 5.56.090 Other applicable laws. This chapter shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. (Ord. 2693 § 1, 1996; Ord. 1133 § 1, 1968; prior code § 20.2.8). 5.56.100 Violation, enforcement and penalties. A. Any person, business or tobacco retailer who violates any provision of this section shall upon conviction thereof be punished as specified in Chapter 1.20 CVMC. B. The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by this chapter. C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to its employees. (Ord. 2693 § 1, 1996; Ord. 2506 § 1, 1992; Ord. 1133 § 1, 1968; prior code § 20.2.9). 5.56.200 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 2693 § 1, 1996). 5.56.300 Compliance period. A. Any business that only sells tobacco products and only by means of self-service merchandising, pursuant to a valid business license issued by the city prior to the effective date, shall be allowed to continue to sell its products by such means for a period of 90 days from the effective date and shall thereafter be subject forthwith to make the modifications necessary to comply with this chapter. Any business owner may apply to the city manager or designee for an extension of time in which to comply with this chapter. The extension may be granted for a reasonable period of time, in no event to exceed one year from the effective date, in order to prevent the business owner from suffering unreasonable financial hardship or disruption in business operations. B. Businesses, other than those described by subsection (A) of this section, which need to make modifications to the business premises to comply with CVMC 5.56.060 must comply within 60 days after the effective date. Any business owner may apply to the city manager or designee for an extension in which to comply with this chapter. The extension may be granted for a reasonable period of time, in no event to exceed one year from the effective date, in order to prevent the business owner from suffering unreasonable financial hardship or disruption in business operations. (Ord. 2693 § 1, 1996). 5.56.400 Exceptions. Any business which sells tobacco-related products is exempt from this chapter if persons under the age of 18 years are excluded from entering the business premises (as premises is defined by California Business and 2018-02-27 Agenda Packet Page 168 Chula Vista Municipal Code Chapter 5.56 TOBACCO AND WEED SALES AND SMOKING*RETAILER Page 12/12 The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017. Professions Code Section 23039) in accordance with other applicable laws. In such instances, the business shall comply with the provisions of CVMC 5.56.080. (Ord. 2693 § 1, 1996). 2018-02-27 Agenda Packet Page 169 City of Chula Vista Staff Report File#:17-0396, Item#: 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “BIKE LANES ON BROADWAY - PHASE II” (CIP# STM0392) TO INCLUDE THE SCOPE OF PHASE III (L STREET TO MAIN STREET), RENAMING CIP# STM0392 AS, “CLASS 2 BIKE LANES ON BROADWAY,” AND APPROPRIATING $103,728 FROM THE SB-1 ATPL GRANT PROGRAM OF THE STATE GRANTS FUND TO STM0392 (4/5 VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRAFFIC IMPACT STUDY AND ENVIRONMENTAL ANALYSIS, APPROVING THE RECOMMENDATION TO INSTALL BIKE LANES ON BROADWAY FROM C STREET TO MAIN STREET, AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED TIME-LIMITED PARKING ZONES UPON COMPLETION OF THE PROJECT RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY The City was successful in receiving Statewide Active Transportation Program (ATPL) grant funding for the “Bike Lanes on Broadway” project; therefore, staff recommends amending CIP Project “Bike Lanes on Broadway - Phase II” (CIP# STM0392) to include the remaining limits of the overall project, renaming the CIP project, and appropriating the preliminary engineering portion of the grant funding for the project. To complete preliminary engineering, staff also recommends accepting the Traffic Impact Study and Environmental Analysis report, and approving the recommendation to install Bike Lanes on Broadway from “C” Street to Main Street. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and/or Section 15304 Class 4 (Minor Alterations to Land). City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 170 File#:17-0396, Item#: 9. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and/or Section 15304 Class 4 (Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION The draft report of the Bike Lanes on Broadway Feasibility Study was presented to the Safety Commission on January 6, 2016. The vote was 4-0-3 to accept the staff report and recommend that City Council adopt the study and authorize implementation of study recommendations as funding allows. Per Resolution 2016-023, the City Council adopted the Bike Lanes on Broadway Feasibility Study and authorized implementation of the study recommendations as funding allows through future CIP projects. DISCUSSION RESOLUTION A: On June 15, 2016, the City applied for the Statewide 2016 ATPL Cycle 3 grant for FY 2016-17. The “Class 2 Bike Lanes on Broadway” project from “C” Street to Main Street received a score of 80.00 by the California Transportation Commission (CTC), but the project was not selected for funding. After the project was not selected for ATPL grant funding, the project was split into 3 project segments and programmed with TransNet funding for design and construction: ·Project 1) “C” Street to “G” Street - (CIP# STM0384) FY2016-17 ·Project 2) “G” Street to “L” Street - (CIP# STM0392) FY2017-18 ·Project 3) “L” Street to Main Street - (Not programmed) On July 21, 2017, the SANDAG Transportation Committee listed the City’s project in the Regional ATPL Cycle 3 for fiscal year 2017-18, and the City submitted a supplemental application with the revised limits of “G” Street to Main Street (Attachment 1). The supplemental application was approved and the project was listed to receive ATPL funding in the amount of $850,944. Staff recommends amending CIP# STM0392 project scope to include the scope of the Project 3 to match the limits of the grant, and appropriate $103,728 of the ATPL funding for preliminary engineering. The remaining $747,216 of the ATPL funding will be programmed as part of FY 2018-19 CIP Program, which will combine all phases into one construction contract for bidding and construction. RESOLUTION B: The overall limits of the “Class 2 Bike Lanes on Broadway” extend from “C” Street to Main Street in City of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 171 File#:17-0396, Item#: 9. The overall limits of the “Class 2 Bike Lanes on Broadway” extend from “C” Street to Main Street in the City of Chula Vista. Currently, Broadway operates as a bike route facility. On February 16, 2016, per Resolution 2016-023, the City Council adopted the Bike Lanes on Broadway Feasibility Study and authorized the implementation of the study recommendations with future CIP projects. In order to accommodate the addition of Class 2 bike lanes along Broadway, the study recommended a travel lane reduction between “C” Street to “G” Street, revised striping from “G” Street to “L” Street, and a combination of revised striping and parking restrictions from “L” Street to Main Street (Attachment 2). When completed, the Broadway corridor will have added approximately 3.88 miles of bike lanes in each direction to augment the existing 0.27 miles south of Main Street for a total 4.15 miles (8.30 bike-lane-miles added) north/south through the city. During the environmental determination stage of the project’s design, Kimley-Horn and Associates (KHA) was hired to perform a complete Traffic Impact Study as well as prepare Environmental documents for the project. The Traffic Impact Study includes the report findings, recommendations and conclusion of the Environmental Analysis (Attachment 3). The Traffic Impact Study concludes that the northerly segment of Broadway (from “C” Street to “G” Street) will have one travel lane in each direction eliminated to provide for a buffered bike lane and retain on-street parking. At the approach to the “E” Street intersection, it is recommended to widen back to a four-travel lane configuration to retain an acceptable intersection Level of Service (Attachment 4). The transition back to a four-lane roadway will be at the intersection of “G” Street and continue south to Main Street. The segment of “G” Street to “L” Street generally will have all existing travel lanes narrowed by a few feet as needed for the addition of the bike lanes and retain on-street parking. The southerly segment from “L” Street to Main Street will have all on-street parking removed to accommodate the addition of bike lanes. It was noted that at certain intersections vehicular right-turn lanes, it will be necessary for bicyclists and motorists to share a through lane to continue straight through the intersection. Appropriate signage and pavement markings will be included at those locations. Staff recommends that the City Council accept the Traffic Impact Study and Environmental documents, approving the recommendation to install class 2 bike lanes along Broadway from “C” Street to Main Street. Construction is planned for Fall 2018. Should the City Council approve the project as described, staff recommends that the City Council amend Schedule VI of the register maintained in the office of the City Engineer to show the following upon completion of the project: 10.52.330 Schedule VI - Parking - Time Limited on Certain Streets Name of Street Beginning At Ending At Side Duration Broadway N. City Limit L St.West 2 Hour (8 AM - 6 PM) Broadway N. City Limit L St.East 2 Hour (8 AM - 6 PM) Broadway Main St.S. City Limit East 2 Hour (8 AM - 6 PM)City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 172 File#:17-0396, Item#: 9. 10.52.330 Schedule VI - Parking - Time Limited on Certain Streets Name of Street Beginning At Ending At Side Duration Broadway N. City Limit L St.West 2 Hour (8 AM - 6 PM) Broadway N. City Limit L St.East 2 Hour (8 AM - 6 PM) Broadway Main St.S. City Limit East 2 Hour (8 AM - 6 PM) 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 property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. 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 Bike Lanes on Broadway project supports the Healthy Community goal. This project is also consistent with the ATPL goals of increasing walking and biking in the community and increasing the safety and mobility of non -motorized users. An increase in bicycle use reduces greenhouse gases, enhances public health and promotes an active lifestyle. CURRENT YEAR FISCAL IMPACT Approval of Resolution A will appropriate $103,728 in SB-1 ATPL Grant Program of the State Grants Fund to the CIP# STM0392 project. Approval of Resolution B will not create a current year fiscal impact. ONGOING FISCAL IMPACT Upon the completion of the project, the improvements will require routine maintenance. ATTACHMENTS 1. 2017 ATPL Augmentation Supplemental Submittal with Resolution 2016-193 & Resolution 2016-023 2. Typical Sections 3. Traffic Impact Study and Environmental Analysis - dated January 2017 4. Proposed Intersection Configurations Staff Contact: Patrick C. Moneda, Senior Civil Engineer City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 173 2018-02-27 Agenda Packet Page 174 2018-02-27 Agenda Packet Page 175 2018-02-27 Agenda Packet Page 176 2018-02-27 Agenda Packet Page 177 2018-02-27 Agenda Packet Page 178 2018-02-27 Agenda Packet Page 179 2018-02-27 Agenda Packet Page 180 2018-02-27 Agenda Packet Page 181 2018-02-27 Agenda Packet Page 182 2018-02-27 Agenda Packet Page 183 2018-02-27 Agenda PacketPage 184 2018-02-27 Agenda PacketPage 185 2018-02-27 Agenda PacketPage 186 BIKE LANES ON BROADWAY Traffic Study Source: Bike Lanes on Broadway Feasibility Study (2016) JANUARY 2018 Prepared By: 2018-02-27 Agenda Packet Page 187 i Bike Lanes on Broadway │ Traffic Study January 2018 Contents 1 Introduction .................................................................................................................... 1-1 2 Methodology .................................................................................................................. 2–1 Study Area ...................................................................................................................... 2–1 Analysis Process ............................................................................................................. 2–1 3 Existing Conditions ........................................................................................................ 3–1 Road Network ................................................................................................................. 3–1 Traffic Volumes ............................................................................................................... 3–1 Intersection Analysis ....................................................................................................... 3–1 Bicycle Data and Collisions ............................................................................................. 3–1 4 Existing with Project Conditions .................................................................................... 4–1 With Project Geometrics ................................................................................................. 4–1 Intersection Analysis ....................................................................................................... 4–1 Bicycle Safety .................................................................................................................. 4–1 5 CEQA Environmental Determination ............................................................................. 5–1 6 Conclusion .................................................................................................................... 6–1 2018-02-27 Agenda Packet Page 188 ii Bike Lanes on Broadway │ Traffic Study January 2018 Figures Figure 3-1 Existing Intersection Geometrics ............................................................................ 3–2 Figure 3-2a Existing Conditions Hourly Traffic Volumes (a.m.) ............................................... 3–3 Figure 3-2b Existing Conditions Hourly Traffic Volumes (mid-day).......................................... 3–4 Figure 3-2c Existing Conditions Hourly Traffic Volumes (p.m.) ............................................... 3–5 Figure 4-1 Project Intersection Geometrics ............................................................................. 4–2 Tables Table 2-1 Study Intersections (Existing Conditions) ................................................................ 2–1 Table 2-2 Level of Service (LOS) Criteria for Intersections ..................................................... 2–2 Table 3-1 Existing Conditions Intersection LOS Summary ...................................................... 3–6 Table 4-1 Existing with Project Conditions Intersection LOS Summary .................................. 4–3 Appendices Appendix A Peak-hour Traffic Counts Appendix B Traffic Signal Timing Sheets Appendix C Synchro Analysis Sheets Appendix D Bike Lanes on Broadway Feasibility Study (2016) Appendix E Broadway Corridor Traffic Counts and Level of Service 2018-02-27 Agenda Packet Page 189 1-1 Bike Lanes on Broadway │ Traffic Study January 2018 1 INTRODUCTION The City of Chula Vista (City) adopted their Bikeway Master Plan in 2011 and classified Broadway as a future Class III Bike Route. Broadway is a four-lane facility that runs north-south through the western part of the City and serves as an important commercial thoroughfare. Since the adoption of the Bikeway Master Plan, the City has added bike route signs and shared roadway bicycle markings (sharrows) and investigated the installation of bike lanes along Broadway. The City finalized the Bike Lanes on Broadway Feasibility Study in 2016, which recommended bike lanes along the corridor. Per the recommendation of the feasibility study, the City is proposing to install bike lanes on Broadway from C Street to Main Street. The proposed project on Broadway would include the following: From C Street to G Street: Buffered bike lanes on each side of the street with a parking lane and single travel lane in each direction for most of the corridor; o To accommodate the buffered bike lanes, Broadway north of E Street to C Street and Broadway south of E Street to G Street will be reduced from two to one lane in each direction. o The northbound and southbound approach/exit lanes along Broadway at E Street will continue to operate with two travel lanes through the intersection. Within this segment, E Street is the only cross-street along Broadway that provides direct access to the Interstate 5 and trolley station. This section would still provide continuous on-street bike lanes through the intersection and the Broadway corridor. o The signalized intersections on Broadway between C Street to G Street were chosen for analysis due to proposed road diet for this segment of the project. From G Street to L Street: Bike lanes on each side of the street with two travel lanes and parking in each direction; o Broadway between G Street and L Street would maintain two travel lanes in each direction. Travel lanes would be reduced to 11’ wide each to accommodate the bike lanes. This segment was not included for traffic analysis because the number of lanes, intersection delay, and level of service would remain unchanged with the proposed project. Existing traffic counts and LOS are included in Appendix E. From L Street to Main Street: Buffered bike lanes on each side of the street with two travel lanes and no on-street parking in each direction. o Broadway between L Street and Main Street would maintain two travel lanes in each direction. The inside travel lane would be reduced to 11’ in each direction to accommodate the bike lanes. This segment was not included for traffic analysis because the number of lanes, intersection delay, and level of service would remain unchanged with the proposed project. Existing traffic counts and LOS are included in Appendix E. o The proposed project would remove on-street parking for this section. Per the 2016 Feasibility Study, approximately 275 curb parking spaces would be removed with the project. On-street parking is not evaluated under CEQA and therefore not included in this study. The proposed project would not generate additional vehicular trips. 2018-02-27 Agenda Packet Page 190 2–1 Bike Lanes on Broadway │ Traffic Study January 2018 2 METHODOLOGY The following section describes the methodology used to perform intersection capacity analysis. STUDY AREA The signalized intersections on Broadway between C Street to G Street was chosen for analysis due to proposed road diet for this segment of the project. The number of travel lanes would be reduced from two to one lane in each direction to accommodate the buffered bike lanes at the intersections except for E Street, which would maintain two lanes through the intersection. Broadway from G Street to Main Street would maintain two travel lanes in each direction and maintain its existing intersection capacity, therefore intersections along this section were not analyzed. The proposed six study intersections are presented in Table 2-1. Table 2-1 Study Intersections (Existing Conditions) Intersection Traffic Control 1 Broadway & C St Traffic Signal 2 Broadway & D St Traffic Signal 3 Broadway & Flower St Traffic Signal 4 Broadway & E St Traffic Signal 5 Broadway & F St Traffic Signal 6 Broadway & G St Traffic Signal ANALYSIS PROCESS The analysis process includes evaluating intersection level of service at the study intersections for six peak hour; 7-8am, 8-9am, 11:30am-12:30pm, 12:30-1:30pm, 4-5pm, and 5-6pm. Delay and level of service for the intersections will be calculated using Synchro 9 traffic analysis software package. 2.2.1 ANALYSIS SOFTWARE Intersection analysis was conducted using Synchro 9 software with 2010 Highway Capacity Manual (HCM) methodology. Existing peak-hour factors (PHF) were used for both baseline and with-project analysis scenarios. 2.2.2 SIGNALIZED INTERSECTIONS The 2010 Highway Capacity Manual (HCM) published by the Transportation Research Board establishes a system whereby highway facilities are rated for their ability to process traffic volumes. The terminology "level of service" is used to provide a "qualitative" evaluation based on certain "quantitative" calculations, which are related to empirical values. Level of service (LOS) for signalized intersections is defined in terms of delay, which is a measure of driver discomfort, frustration, fuel consumption, and loss of travel time. Specifically, LOS criteria are stated in terms of the average control delay per vehicle for the peak 15-minute period within the hour 2018-02-27 Agenda Packet Page 191 2–2 Bike Lanes on Broadway │ Traffic Study January 2018 analyzed. The average control delay includes initial deceleration delay, queue move-up time, and final acceleration time in additional to the stop delay. The criteria for the various levels of service designations for signalized and unsignalized intersections are given in Table 2-2. The City of Chula Vista does not explicitly communicate intersection standards for LOS, however, the City of Chula Vista General Plan reports that the acceptable LOS for Gateway Streets and Commercial Boulevards is LOS D. Broadway is classified as both a Gateway Street and Commercial Boulevard per section 5.5.6 in the Land Use and Transportation Element of the General Plan. Table 2-2 Level of Service (LOS) Criteria for Intersections LOS Signalized (Control Delay) (sec/veh) (a) Description A ≤10.0 Operations with very low delay and most vehicles do not stop. B >10.0 and ≤20.0 Operations with good progression but with some restricted movement. C >20.0 and ≤35.0 Operations where a significant number of vehicles are stopping with some backup and light congestion. D >35.0 and ≤55.0 Operations where congestion is noticeable, longer delays occur, and many vehicles stop. The proportion of vehicles not stopping declines. E >55.0 and ≤80.0 Operations where there is significant delay, extensive queuing, and poor progression. F >80.0 Operations that are unacceptable to most drivers, when the arrival rates exceed the capacity of the intersection. Source: (a) 2010 Highway Capacity Manual, Chapter 16, Page 2, Exhibit 16-2 (b) 2010 Highway Capacity Manual, Chapter 17, Page 2, Exhibit 17-2 2018-02-27 Agenda Packet Page 192 3–1 Bike Lanes on Broadway │ Traffic Study January 2018 3 EXISTING CONDITIONS This section summarizes the existing roadway circulation network, peak-hour traffic volumes, and operations at the study intersections. ROAD NETWORK Broadway is a four-lane facility that runs north-south through the western part of the City. Per the Chula Vista Circulation Plan, Broadway is classified as a four-lane Gateway Street north of C Street, a four-lane Commercial Boulevard from C Street to L Street, and as a four-lane Major Street south of L Street. Interstate 5 (I-5) freeway ramps and trolley stations are located at E Street, H Street, and Palomar Street. Additional I-5 freeway ramps are located on J Street and Main Street. On-street parking is permitted on both sides of the street. The posted speed limit is 35 miles per hour. Broadway functions as a Class III (Bike Route) bicycle facility. Figure 3-1 shows the existing geometrics at the study intersections. TRAFFIC VOLUMES Existing a.m. (7-9am), mid-day (11:30am-1:30pm), and p.m. (4-6pm) peak-hour turning movement counts were conducted by National Data and Surveying Services (NDS) at the study intersections on Thursday, October 26, 2017. Figure 3-2 illustrates the Existing Condition traffic volumes for each of the six analysis periods. Traffic volume data from NDS is provide in Appendix A. Existing traffic signal timing sheets are included in Appendix B. INTERSECTION ANALYSIS The LOS analysis results for the study intersections under Existing Conditions is presented in Table 3-1. As shown in the table, all study intersections would operate at LOS D or better during all analysis periods. The Synchro intersection LOS analysis sheets are provided in Appendix C. BICYCLE DATA AND COLLISIONS The Bike Lanes on Broadway Feasibility Study (2016) obtained bicycle collision data for a 5-year period (2009-2013) from the Statewide Integrated Traffic Records Service (SWITRS). As reported in Section 3.9 of the study, 33 bicycle-related collisions in the five-year period were reported along the Broadway corridor. The primary collision factors are summarized below: Percent Primary Collision Factor 34% Wrong Side of Road 21% Improper Turning 15% Automobile Right of Way 15% Other Hazardous Violation 6% Pedestrian Right of Way 6% Traffic Signals and Signs 3% Other Bicycle Violation As part of the Feasibility Study, bicycle counts and bicyclist data was collected in 2015. The data revealed that 68% of observed bicyclists rode on the sidewalk; one of 32 cyclists riding in the traffic lane was observed riding in the wrong direction; and 40 out of 67 cyclists riding on the sidewalk were observed riding in the wrong direction. The Bicycle Collision and Bicycle Counts sections from the Feasibility Study are included in Appendix D. 2018-02-27 Agenda Packet Page 193 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 3-1 Existing Intersection Geometrics K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\ADOBE BroadwayBroadwayC Stre e t D Stre e t Flower Street E Stre e t F Stre e t G Stre e t 1 2 3 4 5 6 NOT TO SCALE Legend: SignalizedX O Right-turn overlap Broadway & G St 6 Broadway & F St 5 Broadway & E St 4 Broadway & Flower St 3 Broadway & D St 2 Broadway & C Street 1 O 2018-02-27 Agenda Packet Page 194 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 3-2a Existing Conditions Hourly Traffic Volumes (a.m.)//////////////// //// //// // / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// ////////////////0 000000000 0 00 00 0000000 00000 00000 0 00 00 00 00 Existing Morning Peak-Hour Traffic Volumes#N/A 9 10 11 12 013 14 15 16 0000000010012769147 40 00310 4 BroadwayD St 30 637113 696305 223 74 283882229 0099 G St 090 6200000 85 0 00 00 0 00000 073 35 83 67 00 00022 00 0 00 035116 BroadwayE St 101 86 351 2803521826439191240 25 33 4770 02973053 10 34 5 5581 98 18178450256 318 1152630735536 Broadway37301079353433329820 141011561710 C St 2 4284 Broadway3 Flower St 79 6 20 138 0 84 00 3126619176 33990 0 0 55 07578200 0 0 89 69 0 0 005138 002334018581561 35102 136206 35 573213552 33 401121 526467 F St 92 9481164567000 00 0 00000 0 00 0000 00 00 000 0 00 000000 00000 0000 00000 000 00 000000 0 0 000 0 0 00 0000000000 000000 00 00 0000 00 0 0 00 00 000 61 267 05728206243 0 000 0000 0 Broadway1 1810 Broadway50 08 00028 0 000 0 K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex AM Figure 1-16 058418257 0 00000 00 000000000#N/A X / Y = 7 AM / 8 AM HOUR TURNING VOLUMES Legend 00 000 0 00////////////////////////// / / ///////////////////////////////////////////// / / / ///////////////////////////////////////////// / / / //////////////////////////////////// //// //// / / / / //// ////////////////0 000000000 0 0000 0000000 00000 000000 0000 00 00 Existing Morning Peak-Hour Traffic Volumes#N/A 91011 120 131415 16 000000001001276914740 00310 4BroadwayD St 30637113696 305 223742838822290099G St 09062000 0085 00000000000073 3583 67 00 00022 00000035116 BroadwayE St101 86351 280352182643919124025 33477002973053103455581 98 18178450256 318 1152630735536Broadway37301079353433329820 141011561710C St2 4284 Broadway3 Flower St79 6 201380840031266191763399000550757820000896900005138002334018581561351021362063557321355233401121526467F St92948116456700000000000000 00000000 000000000 000000 000 000 00000 000 00 00000000000000000000 00000 000000 00 00 00000000000000061267057282062430 000 0000 0 Broadway1 1810Broadway50 08 00028 0 0000 K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex AM Figure 1-16 058418257 0 00000 00 000000000#N/A X / Y = 7 AM / 8 AM HOUR TURNING VOLUMES Legend 00 000 0 00BroadwayBroadwayC Stre e t D Stre e t Flower Street E Stre e t F Stre e t G Stre e t 1 2 3 4 5 6 2018-02-27 Agenda Packet Page 195 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 3-2b Existing Conditions Hourly Traffic Volumes (mid-day)//////////////// //// //// // / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// ////////////////X / Y = 1130 AM / 1230 PM HOUR TURNING VOLUMES #N/A Existing Mid-Day Peak-Hour Traffic Volumes#N/A K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex MD Figure 1-16 Legend000 0000000 0000000000000000000 0 0000000 00 00 0 00 0000 0 00 00 00 00 0000000000000000000000 00000 000000000 0 13 14 15 16 000000000000000000 00 00 00000 000000 00000 00 00 00 0000 00 00 00 00 00 000000 00 00 000 00000000000000000000000 9 10 11 12 0000000007354865345864508429 33 4167847139 102 69 64 00 000000000000 F St G St 47 57 76 54 76 91 7163200 00 00 91 91 46 32 00 000000 107 87 32 36 000 0555643455 60 616283538 0000 Broadway6163037Broadway048 00 5678 43562425559432169410610532129315692800078177 17013298395552643 42 70 57 35318 331 197 228 55 1405811784679 00 39 36 00 050000 22 11 4046269375 63 87 0 C St D St Flower St E St 136 142 21 25 26 3419 70 00 Broadway214 1234 050962Broadway6157Broadway049149117 24 317 280 20 24 208119 5217Broadway2854820579315491745 32 1914 47////////////////////////// / / ///////////////////////////////////////////// / / / ///////////////////////////////////////////// / / / //////////////////////////////////// //// //// / / / / //// ////////////////X / Y = 1130 AM / 1230 PM HOUR TURNING VOLUMES #N/A Existing Mid-Day Peak-Hour Traffic Volumes#N/A K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex MD Figure 1-16 Legend000 0000000 0000000000000000000 0 000000000 00 0 00 0000 0 00 0000 00 0000000000000000000000 00000 000000000 0 131415 16 00000000000000000000 00 00000 000000000 000000000000 00 0000000000000000000000000000000000000000000091011120000000007354865345864508429 334167847139 10269 64 00 000000000000F StG St47 5776 5476 9171632 00 00 0091 9146 32 00 000000107 8732 36 000 0555643455 60616283538 0000Broadway6163037Broadway04800567843562425559432169410610532129315692800078177 17013298395552643 42 70 57 35318 331197 22855140581 17846790039 360005000022 11 404626937563 870C StD St Flower St E St136 14221 25 26 3419 7000Broadway214 1234050962Broadway6157Broadway04914911724317 28020 24 2081195217Broadway 2854820579315491745 32 1914 47 BroadwayBroadwayC Stre e t D Stre e t Flower Street E Stre e t F Stre e t G Stre e t 1 2 3 4 5 6 2018-02-27 Agenda Packet Page 196 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 3-2c Existing Conditions Hourly Traffic Volumes (p.m.)//////////////// //// //// // / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// //////////////////////////////// //// //// / / / / //// ////////////////92 84337Broadway2987442873518504046 33 31Broadway316 1234 086098Broadway6098Broadway0864119100 26 325 345 27 29 28659710581600 97 96 0 C St D St Flower St E St 180 161 34 39 39 3940 85 00 24 14 12 00 43 36 00 058300 26 39 267 258 20 40 12660817545180259 26911213 27 305984848 49 80 113 71502 515 5678 66841531056496217645569054013120616540000000 Broadway11594686Broadway042 00408177457 65 999406247 00 97 87 47 46 00 000000 102 111 50 64 000 0 F St G St 57 50 61 61 164 181 8555800 00 00 0000000000007042 56 7363566214 229 66 84 9 10 11 12 000000000845636557641450000000000000 0000000000 00 00 00 00 000000 00 00 000 0 00 00 00 0000 00 000 00 00 00000 000000 00013 14 15 16 00000000000000000 000000000 000000000000000000000 00 00 00 00 00000000 00 00 00 0 00 0000 00 00 00 00000000000 0 00000000 00 0000000X / Y = 4 PM / 5 PM HOUR TURNING VOLUMES #N/A Existing Evening Peak-Hour Traffic Volumes#N/A K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex PM Figure 1-16 Legend////////////////////////// / / ///////////////////////////////////////////// / / / ///////////////////////////////////////////// / / / //////////////////////////////////// //// //// / / / / //// ////////////////9284337Broadway 2987442873518504046 33 31Broadway316 1234086098Broadway6098Broadway086411910026325 34527 29 2865971058160097 960C StD St Flower St E St180 16134 39 39 3940 850024 14 120043 360005830026 39 267 25820 40 12660817545180259 26911213 27305984848 49 80 113 71502 515567866841531056496217645569054013120616540000000Broadway11594686Broadway04200408177457 65999406247 0097 8747 46 00 000000102 11150 64 000 0F StG St57 5061 61164 18185558 00 000000 00000000007042 567363566214 22966 8491011 12000000 0008456365576414500000000000000000000000 0000000000000000000000000000000000000000000000000000000 131415 16 00000000000000000 000000000 000000000000000000000 00 0000 00 00000000 0000 00 0 00 0000 0000 00 00000000000 0 00000000 00 0000000X / Y = 4 PM / 5 PM HOUR TURNING VOLUMES #N/A Existing Evening Peak-Hour Traffic Volumes#N/A K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101TA01.xlsm]Ex PM Figure 1-16 Legend BroadwayBroadwayC Stre e t D Stre e t Flower Street E Stre e t F Stre e t G Stre e t 1 2 3 4 5 6 2018-02-27 Agenda Packet Page 197 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY Existing Conditions Intersection LOS Summary TABLE 3-1 AM BASELINE MID-DAY BASELINE PM BASELINE INTERSECTION DELAY (a) LOS (b)DELAY (a) LOS (b)DELAY (a) LOS (b) 700 12.2 B 1130 9.4 A 1600 11.2 B 800 11.0 B 1230 9.4 A 1700 10.5 B 700 13.0 B 1130 10.5 B 1600 11.3 B 800 8.9 A 1230 11.6 B 1700 10.8 B 700 17.5 B 1130 9.1 A 1600 7.7 A 800 7.7 A 1230 8.1 A 1700 9.9 A 700 50.2 D 1130 38.0 D 1600 44.6 D 800 37.6 D 1230 39.3 D 1700 44.0 D 700 19.9 B 1130 20.0 C 1600 22.7 C 800 18.9 B 1230 19.1 B 1700 23.2 C 700 14.8 B 1130 12.9 B 1600 12.2 B 800 15.2 B 1230 11.7 B 1700 13.0 B Notes: K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101IN01.xlsm]Summary 1 Broadway & C St HOUR HOUR HOUR 2 Broadway & D St 3 Broadway & Flower St 4 Broadway & E St 5 Broadway & F St 6 Broadway & G St (a) Delay refers to the average control delay for the entire intersection, measured in seconds per vehicle. (b) LOS calculations are based on the methodology outlined in the 2010 Highway Capacity Manual and performed using Synchro 9. 2018-02-27 Agenda Packet Page 198 4–1 Bike Lanes on Broadway │ Traffic Study January 2018 4 EXISTING WITH PROJECT CONDITIONS This section provides a description of existing conditions with the addition of the proposed Bike Lanes on Broadway Project. WITH PROJECT GEOMETRICS As part of the proposed project, Broadway between C Street and G Street would be reduced from two through lanes to one through lane in each direction except for E Street, which would maintain two lanes through the intersection. The proposed intersection geometrics are illustrated in Figure 4-1. INTERSECTION ANALYSIS The LOS analysis results for the study intersections under Existing Conditions with and without project are presented in Table 4-1. As shown in the table, all study intersections would operate at LOS D or better during all analysis periods. The Synchro intersection LOS analysis sheets are provided in Appendix C. BICYCLE SAFETY As reported in the Bike Lanes on Broadway Feasibility Study and summarized in Section 3.4, 33 bicycle- related collisions were reported for a five-year period between 2009 and 2013. The Feasibility Study asserts that riding on the wrong side of the road, the primary reported collision factor (34%), would “potentially [indicate] a need for … clarification of where cyclists should be riding along the corridor. The Feasibility Study also states that two collisions involved pedestrian right of way, “potentially indicating the bicyclist was riding on the sidewalk due to discomfort mixing with traffic.” The Study’s bicycle count data further reveals that most bicyclists (68%) ride on the sidewalk and ride in the wrong direction (41 out of 99 observed bicyclists). Per the American Association of State Highway and Transportation Officials (AASHTO) Guide of Development of Bicycle Facilities (2012), “Bike lanes … encourage bicyclists to ride on the roadway in a position where they are more likely to be seen by motorists entering or exiting the roadway than they would be if riding on sidewalks. Properly designed bike lanes encourage bicyclists to operate in a manner consistent with the legal and effective operation of all vehicles.” The proposed project would install bike lanes on both sides of Broadway from C Street to Main Street, which would provide dedicated space for each roadway user (vehicles, bicyclists, pedestrians). By providing a facility that encourages bicyclists to ride on the roadway and operate in a manner consistent with legal and effective operation of all vehicles, the project aims to reduce the factors associated with bicycle-related traffic collisions (wrong side of the road and pedestrian right of way) to provide a safer roadway for all users. 2018-02-27 Agenda Packet Page 199 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 4-1 Project Intersection Geometrics K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\ADOBE BroadwayBroadwayC Stre e t D Stre e t Flower Street E Stre e t F Stre e t G Stre e t 1 2 3 4 5 6 NOT TO SCALE Legend: SignalizedX O Right-turn overlap Broadway & G St 6 Broadway & F St 5 Broadway & E St 4 Broadway & Flower St 3 Broadway & D St 2 Broadway & C Street 1 O 2018-02-27 Agenda Packet Page 200 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY AM BASELINE AM WITH PROJECT MID-DAY BASELINE MID-DAY WITH PROJECT PM BASELINE PM WITH PROJECT INTERSECTION DELAY (a) LOS (b) DELAY (a) LOS (b)DELAY (a) LOS (b) DELAY (a) LOS (b)DELAY (a) LOS (b) DELAY (a) LOS (b) 700 12.2 B 27.5 C 1130 9.4 A 10.9 B 1600 11.2 B 13.4 B 800 11.0 B 15.8 B 1230 9.4 A 10.7 B 1700 10.5 B 12.6 B 700 13.0 B 27.7 C 1130 10.5 B 11.4 B 1600 11.3 B 13.4 B 800 8.9 A 9.6 A 1230 11.6 B 12.2 B 1700 10.8 B 13.2 B 700 17.5 B 49.5 D 1130 9.1 A 10.0 B 1600 7.7 A 9.5 A 800 7.7 A 9.2 A 1230 8.1 A 9.0 A 1700 9.9 A 11.6 B 700 50.2 D 52.7 D 1130 38.0 D 39.8 D 1600 44.6 D 51.8 D 800 37.6 D 39.0 D 1230 39.3 D 41.3 D 1700 44.0 D 52.2 D 700 19.9 B 25.0 C 1130 20.0 C 22.0 C 1600 22.7 C 29.6 C 800 18.9 B 21.2 C 1230 19.1 B 21.5 C 1700 23.2 C 33.6 C 700 14.8 B 14.7 B 1130 12.9 B 12.7 B 1600 12.2 B 11.8 B 800 15.2 B 15.1 B 1230 11.7 B 11.5 B 1700 13.0 B 12.4 B Notes: K:\SND_TPTO\095199101_BIKES_ON_BROADWAY\ANALYSIS\EXCEL\[199101IN01.xlsm]SummaryWP (a) Delay refers to the average control delay for the entire intersection, measured in seconds per vehicle. (b) LOS calculations are based on the methodology outlined in the 2010 Highway Capacity Manual and performed using Synchro 9. 1 Broadway & C St 2 Broadway & D St 5 Broadway & F St 6 Broadway & G St 3 Broadway & Flower St 4 Broadway & E St HOUR HOUR HOUR Existing with Project Conditions Intersection LOS Summary TABLE 4-1 2018-02-27 Agenda Packet Page 201 5–1 Bike Lanes on Broadway │ Traffic Study January 2018 5 CEQA ENVIRONMENTAL DETERMINATION a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact: The proposed project would reduce the number of vehicle travel lanes between C Street and G Street to provide a bike lane. The project would not generate vehicular traffic. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact: The study area would continue to operate at acceptable LOS with the implementation of the proposed project. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact: The nearest airport to the project site is Brown Field Municipal Airport, approximately 7 miles southeast of the project. Users of the proposed project would not rely on air transportation or result in a change in air traffic patterns. No air traffic impacts are expected with the project. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact: The proposed project would restripe the Broadway corridor to incorporate bike lanes in each direction. For much of the section between C Street and G Street, a road diet would be implemented to reduce the number of travel lanes from two to one lane with a buffered bike lane in each direction. Bike lanes delineate space for bicyclists to ride on the roadway and buffered bike lanes provide additional space in between the vehicle and bicycle travel lanes. Per the American Association of State Highway and Transportation Officials (AASHTO) Guide of Development of Bicycle Facilities (2012), “Bike lanes … encourage bicyclists to ride on the roadway in a position where they are more likely to be seen by motorists entering or exiting the roadway than they would be if riding on sidewalks. Properly designed bike lanes encourage bicyclists to operate in a manner consistent with the legal and effective operation of all vehicles.” Additionally, the curbs are not being modified as part of the project, so pedestrian waiting areas, crossing locations, and distances are not affected. Transitions, tapers, merge areas, and other road design elements will be designed to meet established standards. The project would not modify the horizontal or vertical alignment of the existing roadway. 2018-02-27 Agenda Packet Page 202 5–2 Bike Lanes on Broadway │ Traffic Study January 2018 e) Result in inadequate emergency access? No Impact: The proposed project would maintain existing street widths and eliminate parking south of L Street, therefore maintaining or increasing the usable roadway. The project is not expected to interfere with or result in any inadequate emergency access. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact: Broadway currently does not provide any bicycle facilities and the proposed project would restripe Broadway to provide bike lanes or buffered bike lanes along the corridor. The new bicycle facilities would be consistent with the Chula Vista Urban Core Specific Plan. Further, the bicycle facilities support the “Walk+Bike” program created by the City of Chula Vista Recreation Department. The design of this project is based on the recommended concepts from the Bike Lanes on Broadway Feasibility Study (2016), published by the City of Chula Vista. g) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? No Impact: The proposed project would not conflict with any known plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system. The new bicycle facilities would be consistent with the Chula Vista Urban Core Specific Plan. h) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant with Mitigation Incorporated: The proposed project would reduce the number of travel lanes along Broadway from two lanes in each direction to one lane in each direction, resulting in the intersection of Broadway and E Street to operate at LOS E or F for three different analysis periods. The proposed mitigation would allow two lanes of traffic and a bicycle lane in each direction on Broadway, resulting in the intersection to operate at acceptable LOS for all analysis periods. 2018-02-27 Agenda Packet Page 203 6–1 Bike Lanes on Broadway │ Traffic Study January 2018 6 CONCLUSION The proposed Bike Lanes on Broadway project would install bike lanes along Broadway from C Street to Main Street across the City of Chula Vista. The northern section of the project between C Street and G Street would incorporate buffered bike lanes and a road diet for much of this segment, reducing the number of travel lanes from two lanes to one lane in each direction. The E Street intersection would maintain two lanes of travel in each direction, and maintain a bike lane. The six intersections along the study area segment were analyzed and found to operate at acceptable LOS with the proposed project. The remaining intersections along the project corridor would maintain the same number of vehicular travel lanes and therefore was not included for analysis. As reported in the Bike Lanes on Broadway Feasibility Study, 33 bicycle-related collisions were reported for a five-year period between 2009 and 2013. The Feasibility Study asserts that riding on the wrong side of the road, the primary reported collision factor, would “potentially [indicate] a need for … clarification of where cyclists should be riding along the corridor. The Feasibility Study also states that two collisions involved pedestrian right of way, “potentially indicating the bicyclist was riding on the sidewalk due to discomfort mixing with traffic.” Additionally, the Study’s bicycle count data reveals that most bicyclists (68%) ride on the sidewalk and ride in the wrong direction (41 out of 99 observed bicyclists). The proposed bike lanes would provide dedicated space for each roadway user (vehicles, bicyclists, pedestrians). By providing a facility that encourages bicyclists to ride on the roadway and operate in a manner consistent with legal and effective operation of all vehicles, the project aims to reduce the factors associated with bicycle-related traffic collisions (wrong side of the road and pedestrian right of way) to provide a safer roadway for all users. 2018-02-27 Agenda Packet Page 204 Bike Lanes on Broadway K:\SND_TPTO\095199101_BIKES_ON_BROADWAY FIGURE 4-1 3URMHFW,QWHUVHFWLRQ*HRPHWULFVBroadwayBroadwayC Str e e t D Stre e t Flowe r Stree t E Stre e t F Str e e t G Stre e t 1 2 3 4 5 6 NOT TO SCALE Legend: SignalizedX O Right-turn overlap Broadway & G St 6 Broadway & F St 5 Broadway & E St 4 Broadway & Flower St 3 Broadway & D St 2 Broadway & C Street 1 O 1 2 5 6 3 4 O 2018-02-27 Agenda Packet Page 205 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “BIKE LANES ON BROADWAY – PHASE II” (CIP# STM0392) TO INCLUDE THE SCOPE OF PHASE III (L STREET TO MAIN STREET), RENAMING CIP# STM0392 AS, “CLASS 2 BIKE LANES ON BROADWAY,” AND APPROPRIATING $103,728 FROM THE SB-1 ATPL GRANT PROGRAM OF THE STATE GRANTS FUND TO STM0392 WHEREAS, on July 21, 2017, the SANDAG Transportation Committee listed the City’s project in the Regional ATPL Cycle 3 Application Rankings - Revised Funding Recommendations and Contingency for fiscal year 2017-18, and the City was required to submit a supplemental application for consideration; and WHEREAS, the project limits on the supplemental application were reduced to include only the Project 2 and 3 segments, from “G” Street to Main Street; and WHEREAS, the supplemental application was approved and the project was listed to receive ATPL funding in the 2017 ATPL Augmentation – Statewide Component for fiscal year 2017-18; and WHEREAS, per the 2017 ATPL Augmentation list, the “Class 2 Bike Lanes on Broadway project” (from “G” Street to Main Street) was approved for approximately $850,944 in ATPL funding, of which, $103,728 is approved for preliminary engineering expenditures in fiscal year 2017-18. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends Capital Improvement Project (CIP) Project “Bike Lanes on Broadway – Phase II” (CIP# STM0392) to include the scope of Phase III (“L” Street to Main Street). BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it renames CIP# STM0392 as “Class 2 Bike Lanes on Broadway”. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it appropriates $103,728 from the SB-1 ATPL Grant Program of the State Grants Fund with offsetting revenue in the State Grants Fund to STM0392. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects/City Engineer 2018-02-27 Agenda Packet Page 206 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRAFFIC IMPACT STUDY AND ENVIRONMENTAL ANALYSIS, APPROVING THE RECOMMENDATION TO INSTALL BIKE LANES ON BROADWAY FROM C STREET TO MAIN STREET, AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED TIME-LIMITED PARKING ZONES UPON COMPLETION OF THE PROJECT WHEREAS, the overall limits of the “Class 2 Bike Lanes on Broadway” extend from “C” Street to Main Street in the City of Chula Vista; and WHEREAS, Kimley-Horn and Associates (KHA) was hired by the City to perform a Traffic Impact Study as well as prepare Environmental documents for the project; and WHEREAS, the northerly segment of Broadway (from “C” Street to “G” Street) will have one travel lane in each direction eliminated to provide for a buffered bike lane and retain on-street parking; and WHEREAS, at the approach to the “E” Street intersection, it was recommended to widen back to a four-travel lane configuration to retain an acceptable intersection Level of Service; and WHEREAS, the transition back to a four-lane roadway will be at the intersection of “G” Street and continue south to Main Street; and WHEREAS, the segment of “G” Street to “L” Street generally will have all travel lanes narrowed by a few feet as needed for the addition of a bike lanes and retain on-street parking; and WHEREAS, the southerly segment from “L” Street to Main Street will have all on-street parking removed to accommodate the addition of bike lanes. WHEREAS, at certain intersections vehicular right-turn lanes, it will be necessary for bicyclists and motorists to share a through lane to continue straight through the intersection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the Traffic Impact Study and Environmental Analysis. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the recommendation to install bike lanes on Broadway from “C” Street to Main Street. 2018-02-27 Agenda Packet Page 207 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it amends Schedule VI of the register maintained in the office of the City Engineer to show the following upon completion of the project: 10.52.330 Schedule VI - Parking - Time Limited on Certain Streets Name of Street Beginning At Ending At Side Duration Broadway N. City Limit L St.West 2 Hour (8 AM - 6 PM) Broadway N. City Limit L St.East 2 Hour (8 AM - 6 PM) Broadway Main St. S. City Limit East 2 Hour (8 AM - 6 PM) Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects 2018-02-27 Agenda Packet Page 208 City of Chula Vista Staff Report File#:18-0037, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE CITY, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING ROLES AND RESPONSIBILITIES FOR THE SAN DIEGO REGIONAL PROVING GROUND RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 19, 2017, the United States Department of Transportation (USDOT) designated 10 pilot sites as approved proving grounds to encourage the testing of autonomous vehicle (AV) technologies. The City of Chula Vista, in partnership with the San Diego Associations of Governments (SANDAG) and the California Department of Transportation (CALTRANS), was selected as one of the 10 approved AV proving grounds in the nation. Following the USDOT designation, on June 13, 2017, the City Council adopted a resolution declaring the City’s support for the research and development of an AV proving ground in the City of Chula Vista. As the three partners continue their committed efforts to establish a successful proving ground, the partners now wish to enter into a Memorandum of Understanding (MOU) to memorialize and clearly define each other’s’ roles and responsibilities in the San Diego Regional Proving Ground (RPG or PROJECT). ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15306 Class 6 (Information Collection) and/or Section 15301 Class 1 (Existing Facilities). Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15306 Class 6 (Information Collection) and/or Section 15301 Class 1 (Existing Facilities). Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. However, note that the AV proving ground resolution (Resolution 2017-102) was presented as an informational item at the Safety Commission meeting on June 7, 2017. City of Chula Vista Printed on 2/22/2018Page 1 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 209 File#:18-0037, Item#: 10. DISCUSSION Background Since January 2017, SANDAG, the City of Chula Vista, and CALTRANS, collectively referred to as the “RPG Partners,” have been committed to the successful establishment of the RPG. This resolution is to formally enter into a MOU between SANDAG, the City of Chula Vista, and CALTRANS to clearly define each other’s roles and responsibilities for the RPG (Attachment 1). As part of the RPG Partners’ efforts to establish the RPG, the partners contacted and heard from the connected vehicle and AV industry that having a primary point of contact was very important in their decision to participate in a proving ground. Following a series of meetings between the RPG Partners, it was recommended that SANDAG serve as a primary point of contact and administer the RPG on behalf of the RPG Partners. As that primary point of contact, SANDAG, would help facilitate the RPG permitting process and coordinate with organizations, academic institutions, and companies involved in the research, development, and production of connected and AV technologies (herein referred to as “Affiliates”) in the creation of a “Consortium of Affiliates” (Consurtium). The Consortium is also a critical component of the RPG because it provides a formal setting for Affiliates to inform the RPG Partners on the Affiliates’ test environment needs, informs public policy, and creates an environment where Affiliates can establish strategic partnerships to further the advancement of connected vehicle and AV technologies. The MOU establishes the roles and responsibilities of each of the RPG Partners, but it also memorializes some of the goals of the RPG which include: • Accelerate the deployment of advanced technologies that enable the region to realize the safety, environmental and mobility benefits of AVs as early as possible. • Support state mandated greenhouse gas emission reduction targets. • Educate the public and address concerns regarding safety and the implications of AV technologies. • Provide a platform for companies and universities to conduct research and development, facilitate strategic partnerships, and attract local investment. • Promote pilot projects that advance the region’s goals (e.g., Mobility as a Service, goods movement, Smart Cities, Complete Streets, Mobility Hubs, etc.) • Leverage the region’s managed lane network, intelligent transportation infrastructure, and Smart City investments to support the transition to full vehicle automation. In order to support the RPG Partners’ efforts, and provide a valuable asset to the Affiliates, each Affiliate will pay a fee to participate in the RPG. These fees will be collected by SANDAG as a City of Chula Vista Printed on 2/22/2018Page 2 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 210 File#:18-0037, Item#: 10. Affiliate will pay a fee to participate in the RPG. These fees will be collected by SANDAG as a deposit account for RPG Partners to fully recover costs incurred for administering the Consortium and the RPG. As an Affiliate and member of the Consortium, Affiliates would avail themselves to the following benefits: • Demonstration of vehicle technologies and services on public roadways (freeways, local roads, on- and off-ramps, and tollways) where the vehicles have access to supporting technologies and infrastructure, such as automated and connected vehicle technologies • Streamlined permitting, technical guidance, and RPG Partners’ staff support for road closures, traffic control, and encroachments • Low-cost deployment environment (cost recovery only) • Access to university researchers and resources • Create showcase demonstration projects that can lead to full-scale deployment and solve real world mobility, safety, and cybersecurity issues • Economic and workforce development opportunities • Collaborate with federal, state, regional, and local government agencies • Contribute to furthering public outreach and education related to technology Affiliate activities in the City which require staff’s time and expertise to support and/or assist in the Affiliates’ connected vehicle or AV efforts such as encroachment permits, traffic control, pilots and demonstrations, will be handled through a separate deposit account with the City to capture full cost recovery of staff time. The MOU between the RPG Partners formally defines each other’s roles and responsibilities and further strengthens the position of this proving ground. In addition, the MOA allows SANDAG to enter into standard Affiliate agreements on behalf of the City and CALTRANS. The standard Affiliate agreement is included with Attachment 1. Affiliates that require substantial changes to the standard Affiliate agreement will require that the proposed Affiliate agreement be circulated and approved by the RPG Partners prior to its full execution. Staff recommends that Council approve this resolution. Recommendations and Future Actions Given the government hierarchy of the RPG Partners, the MOU between SANDAG, City of Chula Vista, and CALTRANS will be routed concurrently for approval and signature by SANDAG and CALTRANS. The RPG Partners will continue to work with the USDOT in the review of the Automated Vehicle Proving Grounds Memorandum of Agreement (MOA) between the USDOT and the City of Chula Vista, CALTRANS, and SANDAG. Based upon the initial draft, the MOA would create an affiliated City of Chula Vista Printed on 2/22/2018Page 3 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 211 File#:18-0037, Item#: 10. Vista, CALTRANS, and SANDAG. Based upon the initial draft, the MOA would create an affiliated structure where all RPG’s and their Affiliates agree to conduct testing and to share testing data with USDOT. The goal for the USDOT is to continue to learn about the development, capabilities, and limitations of AV’s. This MOA will be brought to City Council for action at a future date. 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 property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any 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 San Diego RPG MOU resolution supports the Economic Vitality goal, as it increases the appeal and marketability of Chula Vista as a Smart City and connected vehicle and AV technology hub. This resolution also supports other major goals in the Strategic Plan since connected vehicles and AV’s will enhance safety on our roads by using advanced technology to positively affect the safety and efficiency of the City’s transportation system. CURRENT YEAR FISCAL IMPACT Passage of this resolution will not have any direct fiscal impact to the General Fund. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. MOU between SANDAG, City of Chula Vista, and CALTRANS Regarding Roles and Responsibilities for the San Diego Regional Proving Ground 2. Resolution 2017-102 dated June 13, 2017 Staff Contact: Eddie Flores, City Traffic Engineer, Engineering & Capital Projects Department City of Chula Vista Printed on 2/22/2018Page 4 of 4 powered by Legistar™2018-02-27 Agenda Packet Page 212 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE CITY OF CHULA VISTA, AND CALTRANS REGARDING ROLES AND RESPONSIBI LITIES FOR THE SAN DIEGO REGIONAL P ROVING GROUND SANDAG AGREEMENT NO. 5005222 This Memorandum of Understanding (“MOU”) is made and entered into effective as of this ________ day of ______________________, 2018, by and between the San Diego Association of Governments (“SANDAG”), the City of Chul a Vista (“CITY”), and the California Department of Transportation (“CALTRANS”), collectively referred to as the “RPG PARTNERS”. RECITALS WHEREAS, the U.S. Department of Transportation (USDOT) designated the San Diego region as one of ten autonomous vehicle proving grounds across the nation; and WHEREAS, the San Diego Regional Proving Ground (“RPG” or “PROJECT”) is a partnership between SANDAG, CALTRANS, and CITY; and WHEREAS, SANDAG administers the RPG as a site for validating connected and Automated Vehicle (AV) technologies within specific operational design domains; and WHEREAS, the mission of the RPG is to provide a real-world environment for validating innovative technologies and to inform public policy and long -range planning that guides the safe deployment of AVs in support of the region’s goals for mobility, sustainability, and economic prosperity; and WHEREAS, the goals for the RPG are to: • Accelerate the deployment of advanced technologies that enable the region to realize the safety, environmental and mobility benefits of AVs as early as possible. • Support state mandated greenhouse gas emission reduction targets. • Educate the public and address concerns regarding safety and the implications of AV technologies. • Provide a platform for companies and universities to conduct research and development, facilitate strategic partnerships, and attract local investment. • Promote pilot projects that advance the region’s goals (e.g., Mobility as a Service, goods movement, Smart Cities, Complete Streets, Mobility Hubs, etc.) • Leverage the region’s managed lane network, intelligent transportation infrastructure, and Smart City investments to support the transition to full vehicle automation. 2018-02-27 Agenda Packet Page 213 2 WHEREAS, the RPG includes three facilities: the Interstate 15 Express Lanes, the southern segment of State Route 125 South Bay Expressway, and the local streets and roads within the CITY (herein referred to as the “FACILITIES”). Each of the FACILITIES includes staging facilities (Exhibit A); and WHEREAS, the RPG PARTNERS are owners and operators of the FACILITIES and propose to work collaboratively with organizations, academic institutions, and companies involved in the research, development, and production of connected and AV technologies (herein referred to as “AFFILIATES”); and WHEREAS, the RPG PARTNERS propose to make the FACILITIES available to AFFILIATES for the testing of AFFILIATE-supplied equipment that advances the mission and goals of the RPG in accordance with the terms and conditions of the standard partnership agreement template and applicable law; and WHEREAS, a consortium of AFFILIATES (“CONSORTIUM”) will be established to provide a forum for project decision making; informing the RPG PARTNERS on the AFFILIATES’ test environment needs; informing public policy; and forming strategic partnerships among AFFILIATES; and WHEREAS, the AFFILIATES will pay a fee for participation in the RPG. The fee will be considered a deposit to recover costs incurred by the RPG PARTNERS for administering the CONSORTIUM; and WHEREAS, participation as an AFFILIATE provides the following anticipated benefits: • Demonstration of vehicle technologies and services on public roadways (freeways, local roads, on - and off-ramps, and tollways) where the vehicles have access to supporting technologies and infrastructure, such as automated and connected vehicle technologies • Streamlined permitting, technical guidance, and RPG PARTNERS’ staff support for road closures, traffic control, and encroachments • Low-cost deployment environment (cost recovery only) • Access to university researchers and resources • Create showcase demonstration projects that can lead to full-scale deployment and solve real world- mobility, safety, and cybersecurity issues • Economic and workforce development opportunities • Collaborate with federal, state, regional, and local government agencies • Contribute to furthering public outreach and education related to technology WHEREAS, the RPG PARTNERS wish to memorialize their agreement in this MOU to carry out the purposes set forth above. 2018-02-27 Agenda Packet Page 214 3 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the RPG PARTNERS agree as follows: SANDAG AGREES: 1. To be the lead agency overseeing the administration of the RPG. 2. To serve as the primary point of contact for USDOT regarding the autonomous vehicle proving ground designation, the USDOT Memorandum of Agreement (MOA), and the Community of Practice. SANDAG will be the signatory of the USDOT MOA on behalf of the PROJECT. 3. To serve as the primary point of contact for the RPG, to facilitate access to the FACILITIES, and to establish and administer the activities of the CONSORTIUM on behalf of the RPG PARTNERS. SANDAG will manage the CONSORTIUM and serve as the primary point of contact for AFFILIATES for matters related to the CONSORTIUM. SANDAG will lead public outreach in collaboration with the RPG PARTNERS. 4. To provide the PROJECT with appropriate staffing and support resources to offer overall project management, contract administration, public outreach, and project accounting and fiscal management of the CONSORTIUM. 5. In collaboration with RPG PARTNERS, SANDAG will provide AFFILIATES with technical guidance and staff support for acquiring the necessary permits and traffic control in a timely manner. 6. To administer partnership agreements with AFFILIATES using the Standard Partnership Agreement Template (Exhibit B) approved by the RPG PARTNERS. SANDAG will obtain approval from the RPG PARTNERS for any changes to the Standard Partnership Agreement Template. 7. As the fiscal administrator of the PROJECT, SANDAG will maintain an Overall Work Program and manage fees collected from AFFILIATES for participation in the CONSORTIUM. SANDAG will administer payment to the RPG PARTNERS for agreed upon costs associated with the PROJECT in order for PARTNERS to recover costs incurred for participation in CONSORTIUM administration and activities. Payments will be made based on invoices submitted by RPG PARTNERS to SANDAG in an agreed upon format. 8. SANDAG will maintain the PROJECT website, collateral, and marketing materials. 9. To foster a collaborative environment, SANDAG will share all PROJECT information and facilitate coordination among the RPG PARTNERS. This includes, but is not limited to: • maintaining a PROJECT collaboration site; • convening regular meetings among the RPG PARTNERS for planning and coordination; and • providing a designated staff member responsible for coordination. 10. Neither CALTRANS, CITY, nor any officer, elected official, appointed official, or employee thereof is responsible for any damage or liability occurring by reason of anything done or 2018-02-27 Agenda Packet Page 215 4 omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that SANDAG shall ful ly defend, indemnify and save harmless CALTRANS, CITY, and all of their respective officers, elected officials, appointed officials, and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. CALTRANS AGREES: 11. To work collaboratively with SANDAG, CITY, and other parties on the devel opment and implementation of the USDOT MOA. 12. To provide project staffing including a single staff liaison to the PROJECT who will be responsible for representing CALTRANS, attending all PROJECT and RPG PARTNER meetings, and coordinating with other CALTRANS staff as needed. 13. To provide a Designated Safety Officer to assist in the development, management, and maintainenace of applicable Safety Management Plans for the CALTRANS facilities. CALTRANS will conduct risk assessments and lead risk management for the authorized activities of the RPG PARTNERS, AFFILIATES, and CONSORTIUM on CALTRANS facilities. 14. To provide AFFILIATES with an expedited traffic control and encroachment permit process, establish a permit deposit account for AFFILIATES in order to provide full cost recovery for CALTRANS staff time related to these permits and, provide a single point of contact to facilitate the permit process for CALTRANS facilities. 15. To actively participate in the CONSORTIUM related activities and the USDOT autonomous vehicle proving ground program meetings. 16. To provide timely reviews of PROJECT materials, as agreed upon by the RPG PARTNERS. 17. To submit invoices to SANDAG in an agreed upon format and no less than quarterly for payment of approved costs associated with the CONSORTIUM activities and other PROJECT admininstrative efforts. 18. Neither SANDAG, the CITY, nor any officer, elected official, appointed official, or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CALTRANS under or in connection with any work, authority or jurisdiction delegated to CALTRANS under this MOU. It is understood and agreed that CALTRANS shall fully defend, indemnify and save harmless SANDAG and CITY, and all of their respective officers, elected officials, appointed officials, and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CALTRANS under or in connection with any work, authority or jurisdiction delegated to CALTRANS under this MOU. 2018-02-27 Agenda Packet Page 216 5 CITY AGREES: 19. To work collaboratively with SANDAG, CALTRANS, and other parties on the development and final implementation of the USDOT MOA. 20. To provide project staffing including a single staff liaison to the PROJECT who will be responsible for representing CITY, attending all PROJECT and RPG PARTNER meetings, and coordinating with other CITY staff as needed. 21. To provide a Designated Safety Officer to assist in the development, management, and maintainenance of applicable Safety Management Plans for CITY facilities. CITY will conduct risk assessments and lead risk management for the authorized activities of the RPG PARTNERS, AFFILIATES, and CONSORTIUM on CITY facilities. 22. To provide AFFILIATES with a streamlined traffic control and encroachment permit process, establish a permit deposit account for AFFILIATES in order to provide full cost recovery for CITY staff time related to these permits and, provide a single point of contact to facilitate the permit process. 23. To actively participate in the PROJECT related activities and the USDOT autonomous vehicle proving ground program meetings. 24. To provide timely reviews of PROJECT materials, as agreed upon by the RPG PARTNERS. 25. To submit invoices to SANDAG in an agreed upon format and no less than quarterly for payment of approved costs associated with the CONSORTIUM activities and other PROJECT administrative efforts. 26. Neither SANDAG, CALTRANS, nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this MOU. It is understood and agreed that CITY shall fully defend, indemnify and save harmless SANDAG and CALTRANS, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this MOU. THE R PG PARTNERS MUTUALLY AGREE: 27. AFFILIATES may possess confidential, proprietary and/or trade secret information includi ng, without limitation, information in tangible or intangible form relating to or including: business, product, marketing, licensing or sales activities, policies, practices, outlooks, studies, reports, analyses, strategies or forecasts, finances, revenue, pricing, costs or profits, released or unreleased products including, but not limited to, software, hardware, development, research, designs, specifications, performance characteristics, code, formulas, algorithms, data, techniques, processes, inventions, testing strategies, industry, customer or consumer information and third party confidential information (INFORMATION). Subject to all other provisions of this MOU, RPG PARTNERS will hold any INFORMATION received from an AFFILIATE in strict confidence; and use such INFORMATION only for the purpose of evaluating the 2018-02-27 Agenda Packet Page 217 6 possibility of forming a business relationship or other commercial arrangement among the RPG PARTNER and AFFILIATE concerning such INFORMATION. 28. To the extent allowable under the Califormia Public Records Act, the RPG PARTNERS will reproduce INFORMATION only to the extent necessary and will restrict disclosure of INFORMATION to each RPG PARTNER’s employees with a need to know. The RPG PARTNERS will not disclose INFORMATION to any third party without the prior written approval of the AFFILIATE or unless obligated to do so by California law or court order. In addition, with respect to any equipment, component, software, or other items delivered to an RPG PARTNER by an AFFILIATE, the RPG PARTNER will not reverse engineer, disassemble, decompile, or otherwise analyze the physical construction of any such items. 29. The RPG PARTNERS will review marketing and communications materials and collaborate on public outreach for the PROJECT. To the extent feasible, SANDAG will be the primary point of contact for media inquiries related to the PROJECT and will direct relevant inquiries to the RPG PARTNERS as appropriate. If CITY or CALTRANS serves as an initial point of contact for a media inquiry, CITY and CALTRANS agree to inform SANDAG of such media inquiry. SANDAG shall work collaboratively with RPG PARTNERS in the development of communications material. Distribution of communications materials must be approved by RPG PARTNERS. All materials that include RPG PARTNERS’ logos must be approved by RPG PARTNERS. 30. RPG PARTNERS will maintain and make available to each other all documents and INFORMATION related to the PROJECT, including all records and documents created by consultants and contractors during the development of the PROJECT. 31. To the terms of the Standard Partnership Agreement Template attached as Exhibit B. Any deviation of, or modification to, the terms of Exhibit B will require written concurrence, in advance, by all RPG PARTNERS. 32. That all obligations of RPG PARTNERS under the terms of this MOU are subject to the appropriation of the required resources by the governing bodies of the RPG PARTNERS. 33. Any notice required or permitted under this MOU may be personally served on one of the RPG PARTNERS, by an RPG PARTNER giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For CALTRANS For CITY 401 B Street, Suite 800 4050 Taylor Street 276 Fourth Avenue San Diego, CA 92101 San Diego, CA 92110 Chula Vista, CA 91910 Attn: Antoinette Meier Transportation Demand Management Program Manager Attn: Sam Amen Traffic Systems Asset Manager Attn: William S. Valle Director of Engineering & Capital Projects/City Engineer 34. This MOU shall continue in effect unless and until one of the RPG PARTNERS provides a minimum of 60 (sixty) days’ written notice of its desire to withdraw from the MOU. If such notice is given, the MOU shall continue to be binding on the RPG PARTNERS who have not formally withdrawn. 2018-02-27 Agenda Packet Page 218 7 35. The indemnification provisions of this MOU shall survive for five years after the termination of the MOU. 36. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in the Superior Court of the County of San Diego, State of California. 37. All terms, conditions, and provisions hereof shall inure to and shall bind each of the RPG PARTNERS hereto, and each of their respective officers, employees, administrators, successors, and assigns. 38. For purposes of this MOU, the relationship of the RPG PARTNERS is that of independent entities and not as agents of each other or as joint venturers or partners. The RPG PARTNERS shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 39. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by each and all of the RPG PARTNERS hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the RPG PARTNERS hereto. 40. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the RPG PARTNERS to this MOU. 41. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each RPG PARTNER has signed one such counterpart. IN WITNESS WHEREOF, the RPG PARTNERS have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CALTRANS KIM KAWADA Chief Deputy Executive Director CORY BINN S District 11 Interim Director APPROVED AS TO FORM: APPROVED AS TO FORM: JOHN KIRK Office of General Counsel GLENN B. MUELLER Assistant Chief Counsel 2018-02-27 Agenda Packet Page 219 8 CITY OF CHULA VISTA MARY CASILLAS -SALAS Mayor APPROVED AS TO FORM: GLEN GOOGINS City Attorney Exhibits: A. Facilities Map B. Standard Partnership Agreement Template 2018-02-27 Agenda Packet Page 220 9 EXHIBIT A FACILITIES MAP 2018-02-27 Agenda Packet Page 221 10 EXHIBIT B STANDARD PARTNERSHIP AGREEMENT TEMPLATE PARTNERSHIP AGREEMENT BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND AFFILIATE NAME REGARDING THE SAN DIEGO REGIONAL PROVING GROUND SANDAG AGREEMENT NO. CONTRACT NUMBER This Partnership Agreement (“Agreement”) is made and entered into effective as of this _______ day of ____________________, year, by and between the San Diego Association of Governments (“SANDAG”) and affiliate name, a San Diego Regional Proving Ground (RPG) Affiliate (“AFFILIATE”). SANDAG and AFFILIATE may be referred to herein individually as a “party” and collectively as the “parties”. RECITALS WHEREAS, the U.S. Department of Transportation (USDOT) designated the San Diego region as one of ten autonomous vehicle proving grounds across the nation; and WHEREAS, the RPG is a partnership between SANDAG, the California Department of Transportation (“CALTRANS”), and the City of Chula Vista (“CITY”) [herein referred to as the “RPG PARTNERS”]; and WHEREAS, pursuant to the agreement of the RPG PARTNERS, SANDAG is the administrator of the RPG for the purpose of validating connected and Automated Vehicle (AV) technologies within specific operational design domains; and WHEREAS, the mission of the RPG is to provide a real-world proving ground for validating innovative technologies and to inform public policy and long-range planning which guides the safe deployment of connected and autonomous vehicles in support of the region’s goals for mobility, sustainability, and economic prosperity; and WHEREAS the goals for the RPG are to: • Accelerate the deployment of advanced technologies that enable the region to realize the safety, environmental and mobility benefits of AVs as early as possible. • Support state mandated greenhouse gas emission reduction targets. • Educate the public and address concerns regarding safety and the implications of AV technologies. • Provide a platform for companies and universities to conduct research and development; facilitate strategic partnerships and attract local investment. • Promote pilot projects that advance the region’s goals (e.g., Mobility as a Service; goods movement; Smart Cities; Complete Streets, etc.) 2018-02-27 Agenda Packet Page 222 11 • Leverage the region’s managed lane network, intelligent transportation infrastructure, and Smart City investments to support the transition to full vehicle automation. WHEREAS, the RPG includes three facilities: the Interstate 15 Express Lanes, the southern segment of State Route 125 South Bay Expressway (“CALTRANS FACILITIES”), and the local streets and roads within the City of Chula Vista [collectively referred to as the “FACILITIES”]. Each of the FACILITIES includes staging facilities (Exhibit 2); and WHEREAS, the RPG PARTNERS are owners and operators of the FACILITIES and propose to work collaboratively with organizations, academic institu tions, and companies involved in the research, development and production of connected and AV technologies [herein referred to as “AFFILIATES”]; and WHEREAS, the RPG PARTNERS propose, consistent with the terms of encroachment permits, to make the FACILITIES available to AFFILIATES for the testing of AFFILIATE-supplied equipment that advances the mission and goals of the RPG in accordance with the terms and conditions of this Agreement and applicable law; and WHEREAS, a consortium of AFFILIATES (CONSORTIUM) will be established to provide a forum for project decision making, informing the RPG PARTNERS on the AFFILIATES’ test environment needs; informing public policy; and forming strategic partnerships among AFFILIATES; and WHEREAS, the AFFILIATES will pay a fee for participation in the RPG. The fee will be considered a deposit to recover costs incurred by the RPG PARTNERS for administrative activities for the CONSORTIUM; and WHEREAS, participation as an AFFILIATE provides the following anticipated benefits: • Demonstration of vehicle technologies on public roadways (freeways, local roads, on - and off- ramps, and tollways) with access to supporting technologies and infrastructure, such as automated and connected vehicle technologies • Streamlined permitting, technical guidance, and RPG PARTNERS’ staff support for road closures, traffic control, and encroachments • Low-cost deployment environment (cost recovery only) • Access to university researchers and resources • Create showcase demonstration projects that can lead to full-scale deployment and solve real- world mobility, safety, and cybersecurity issues • Economic and workforce development opportunities • Collaborate with federal, state, regional, and local government agencies • Contribute to furthering public outreach and education related to technology WHEREAS, the parties wish to memorialize this Agreement to carry out the purposes set forth above. 2018-02-27 Agenda Packet Page 223 12 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. To serve as the primary point of contact for the RPG, to facilitate access to the FACILTIES, and to establish and administer the CONSORTIUM on behalf of the RPG PARTNERS. SANDAG will manage the CONSORTIUM and serve as the primary point of contact for AFFILIATES for matters related to the CONSORTIUM. 2. In collaboration with the RPG PARTNERS, SANDAG will provide AFFILIATES with technical guidance and staff support for acquiring the necessary permits and traffic control in a timely manner. 3. To obtain approval from AFFILIATE when preparing and distributing all verbiage for messaging associated with AFFILIATE, including the use of the AFFILIATE’s logo. 4. To the extent allowable by the California Public Records Act, abide by the terms and conditions set forth in a Non-Disclosure Agreement entered into separately between SANDAG, the RPG PARTNERS, and AFFILIATE. AFFILIATE AGREES: 5. To pay an initial deposit to SANDAG in the amount of $fee for costs incurred by the RPG PARTNERS associated with AFFILIATE’s participation in and support of the CONSORTIUM. AFFILIATE will be credited for funds not used. 6. To obtain the necessary DMV, traffic control and encroachment permits to conduct field testing, as shown in Exhibit 3. When seeking a traffic control or encroachment permit, AFFILIATE will provide a minimum deposit of $3,000 to the facility owner (CALTRANS or CITY) to establish a permit deposit account. Permit deposit accounts will be used to provide full cost recovery of activities directly related to the development, review, approval, and inspection of the traffic control and encroachment permits requested by the AFFILIATE. AFFILIATE will pay SANDAG for lost toll revenue due to testing that disrupts toll road operations. AFFILIATE will abide by all terms and conditions of any permit issued pursuant to this Agreement and all relevant federal, state and local laws related to the testing of automated vehicle technologies in the public right of way. Field tests shall be performed by AFFILIATE in accordance with safety plans or protocols established by the RPG PARTNERS for these field tests and AFFILIATE will comply with the conditions of the permits required to conduct such field tests, including but not limited to developing and implementing safety and risk management plans that meet the requirements of the RPG PARTNERS. 7. To supply the necessary vehicles, network connectivity, and equipment to conduct field testing as set forth in the Scope of Work (Exhibit 1). 8. To procure and maintain for the duration of this Agreement, comprehensive insurance against claims for injuries to persons, nuisance or damages to property, which may arise from or in 2018-02-27 Agenda Packet Page 224 13 connection with the performance of the work hereunder by AFFILIATE, its agents, representatives, or employees. Insurance provisions and policy limitations are included in Exhibit 4. 9. To obtain approval from SANDAG in advance of preparing and distributing all messaging associated with SANDAG, the RPG PARTNERS, or the RPG including the use of SANDAG and/or RPG PARTNER logos. 10. That any approval, or acceptance of, or payment for, any of the activities performed under this Agreement by SANDAG or any RPG PARTNERS, either individually or collectively, shall not be construed to operate as a waiver by SANDAG or any RPG PARTNERS of any rights under this Agreement or at law or of any cause of action arising out of the performance thereof; AFFILIATE shall be, and will remain liable to, SANDAG and the RPG PARTNERS in accordance with applicable law for all damages to SANDAG, the RPG PARTNERS, or FACILITIES by any of AFFILIATE’s actions, errors, or omissions deemed to be negligent performance of or failure to perform under this Agreement. 11. To defend, indemnify and hold SANDAG, its Board of Directors, staff, agents, and member agencies; and RPG PARTNERS and their respective officers, elected officials, appointied officials, directors, staff, employees, and agents harmless from any and all liability, claims, damages or injuries (including death) to any person or property, including injury to AFFILIATE’s employees, arising from or connected with AFFILIATE’s performance of or failure to perform its obligations under this Agreement. THE PARTIES MUTUALLY AGREE: 12. That all obligations of RPG PARTNERS under the terms of this Agreement are subject to the appropriation of the required resources by the RPG PARTNERS and the approval of the governing bodies of the RPG PARTNERS. 13. Any notice required or permitted under this Agreement may be personally served on a party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For AFFILIATE 401 B Street, Suite 800 Affiliate Address San Diego, CA 92101 Affiliate Address Attn: Antoinette Meier, Transportation Demand Management Program Manager Attn: Affiliate Contact Name And Title 14. This Agreement shall continue in effect unless and until a party gives sixty days written notice of its desire to withdraw from the Agreement. 15. The indemnification provisions of this Agreement shall survive termination of the Agreement. 16. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court in the County of San Diego, State of California. 2018-02-27 Agenda Packet Page 225 14 17. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 18. For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, partners, and operations. 19. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 20. Except as expressly provided herein with respect to the RPG PARTNERS, nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of the parties. 21. This Agreement may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each has signed one such counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS AFFILIATE RAY TRAYNOR Director of Operations SIGNATORY NAME Title APPROVED AS TO FORM: Office of General Counsel Exhibits: 1. Scope of Work 2. Facilities Map 3. Permit Process 4. Insurance Requirements 2018-02-27 Agenda Packet Page 226 15 EXHIBIT 1 SCOPE OF WORK 2018-02-27 Agenda Packet Page 227 16 EXHIBIT 2 FACILITIES MAP 2018-02-27 Agenda Packet Page 228 17 EXHIBIT 3 PERMIT PROCESS 2018-02-27 Agenda Packet Page 229 18 2018-02-27 Agenda Packet Page 230 19 EXHIBIT 4 INSURANCE REQUIREMENTS AFFILIATE shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, or damages to property, which may arise from or in connection with the performance of the work hereunder by AFFILIATE, its agents, representatives, or employees. I. Acceptability of Insurers All required insurance policies shall be issued by companies who hold a current policyholder’s alphabetic and financial-size category rating of not less than A:VII, in accordance with A.M. Best. Carriers must be licensed to do business in California and maintain an agent for service of process within California. Exception may be made for the State Compensation Insurance Fund when not specifically rated. II. Notice of Termination, Cancellation, or Change Should any of the insurance policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions and sent to SANDAG. AFFILIATE shall notify SANDAG immediately following AFFILIATE’s first notice or awareness of any proposed or actual termination, cancellation, or change in its insurance coverage. Notice of cancellation sent by registered mail, postage prepaid, with a return receipt of addresses requested shall be sufficient notice. III. Failure to Provide Insur ance Failure to provide and continue in force any insurance as described in this Insurance Section shall be deemed a material breach of this Agreement, which SANDAG may deem to constitute cause for immediate termination. SANDAG reserves the right to withhold payments to AFFILIATE in the event of material noncompliance with the insurance requirements set forth in the Agreement. IV. Insurance Certificate Submittal SANDAG will use myCOI to track and verify insurance coverage. On SANDAG’s receipt of the executed Agreement, AFFILIATE will receive an email from Certificaterequest@mycoisolution.com. AFFILIATE will follow the instructions contained in the email and complete the online registration. Upon completion of registration, myCOI will request proof of insurance directly from AFFILIATE’S insurance agents. AFFILIATE shall not commence work unless AFFILIATE is registered with myCOI and compliant COIs have been received. AFFILIATE shall cause its insurance agents to comply with requests for updated information from myCOI on no less than an annual basis. AFFILIATE is responsible for ensuring that its agents send SANDAG updated certificates of insurance throughout the term of the Agreement via myCOI. AFFILIATE shall include the Agreement number on all insurance-related correspondence submitted to myCOI. V. No Limitation on Liabilities and Obligations The requirements as to the types and limits of insurance coverage to be maintained by AFFILIATE, and any approval of said insurance by SANDAG, or their insurance consultants are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by 2018-02-27 Agenda Packet Page 231 20 AFFILIATE pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. VI. No Waiver of Requirements Acceptance by SANDAG of a certificate or endorsement that varies from the requirements in this section shall not constitute a waiver by SANDAG of strict compliance with the provisions herein. VII. Mini mum Policy Limits Required AFFILIATE shall maintain limits no less than the following coverages: A. Commercial General Liability Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including premises operations, products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $10,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. B. Automobile Liability ISO Form Number CA 00 01 covering any auto (Code 1), or if AFFILIATE has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $10,000,000 per accident for bodily injury and property damage. C. Workers’ Compensation and Employers’ Liability As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. VIII. Endorsements AFFILIATE shall furnish SANDAG with certificates of insurance and any required endorsements effecting coverage required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements m ust specifically state that they modify the policy language. A. The Commercial General Liability policy shall contain, or be endorsed to contain, the following provisions: SANDAG, the California Department of Transportation (Caltrans), and the City of Chula Vista, their directors, officers, agents and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the AFFILIATE. For any claims related to this project, the AFFILIATE’S insurance coverage shall be primary insurance as respects SANDAG, Caltrans, and the City of Chula Vista and their directors, officers, agents and employees. Any insurance or self-insurance maintained by SANDAG, 2018-02-27 Agenda Packet Page 232 21 Caltrans, and the City of Chula Vista, their officers, officials, employees, or volunteers shall be excess of the AFFILIATE’S insurance and shall not contribute with it. B. The Automobile Liability policy shall contain, or be endorsed to contain, the following provisions: SANDAG, Caltrans, and the City of Chula Vista, their, its directors, officers, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the AFFILIATE. For any claims related to this project, the AFFILIATE’S insurance coverage shall be primary insurance as respects SANDAG, Caltrans, and the City of Chula Vista, their, directors, officers, agents and employees. Any insurance or self-insurance maintained by SANDAG, Caltrans, and the City of Chula Vista, their directors, officers, agents and employees shall be excess of the AFFILIATE’S insurance and shall not contribute with it. C. The Workers’ Compensation and Employers’ Liability policy or policies shall contain, or be endorsed to contain, the following provisions: AFFILIATE hereby grants to SANDAG, Caltrans, and the City of Chula Vista a waiver of any right to subrogation that any insurer of AFFILIATE may acquire against SANDAG, Caltrans, and the City of Chula Vista by virtue of the payment of any loss under such insurance. AFFILIATE agrees to obtain an endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not SANDAG has received a waiver of subrogation endorsement from the insurer. IX. Claims -Made Coverages If any of AFFILIATE’S insurance coverages are written on a claims-made form: A. The retroactive date must be shown, and must be before the date of the Agreement. B. Insurance must be maintained and evidence of insurance mu st be provided for at least seven years after expiration of the Agreement. C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective date, the AFFILIATE must purchase an extended reporting coverage for a minimum of seven years after expiration of the Agreement. D. A copy of the claims reporting requirements must be submitted to SANDAG. 2018-02-27 Agenda Packet Page 233 2018-02-27 Agenda Packet Page 234 2018-02-27 Agenda Packet Page 235 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE CITY, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING ROLES AND RESPONSIBILITIES FOR THE SAN DIEGO REGIONAL PROVING GROUND WHEREAS,on January 19, 2017, the United States Department of Transportation (USDOT) designated 10 pilot sites as approved proving grounds to encourage the testing of Autonomous Vehicle (AV) technologies; and WHEREAS, the San Diego Regional Proving Ground (RPG or Project) is a partnership between San Diego Association of Governments (SANDAG), the California Department of Transportation (CALTRANS), and the City of Chula Vista (collectively, RPG Partners); and WHEREAS, the RPG was selected as one of the 10 approved AV proving grounds in the nation; and WHEREAS, the mission of the RPG is to provide a real-world environment for validating innovative technologies and to inform public policy and long-range planning that guides the safe deployment of AVs in support of the region’s goals for mobility, sustainability, and economic prosperity; and WHEREAS, the RPG Partners wish to memorialize their roles and responsibilities for the RPG in a Memorandum of Understanding (MOU); and WHEREAS, the RPG Partners are owners and/or operators of the Facilities (as identified in Exhibit A of the MOU) and propose to work collaboratively with organizations, academic institutions, and companies involved in the research, development, and production of connected and AV technologies (Affiliates) to create a Consortium of Affiliates (Consortium); and WHEREAS, the RPG Partners propose to make the Facilities available to Affiliates for the testing of Affiliate-supplied equipment that advances the mission and goals of the RPG in accordance with the terms and conditions of the standard partnership agreement template and applicable law; and WHEREAS, the MOU allows SANDAG to administer the RPG and enter into standard Affiliate agreements. Affiliates that require substantial changes to the standard Affiliate agreement will require that the proposed Affiliate agreement be circulated and approved by the RPG Partners prior to its full execution; and 2018-02-27 Agenda Packet Page 236 WHEREAS, the City proposes to provide project staffing including a single staff liaison to the Project who will be responsible for representing City, attending Project and RPG Partner meetings, and coordinating with other City staff as needed; and WHEREAS, the City proposes to provide Affiliates with a streamlined traffic control and encroachment permit process, establish a permit deposit account for Affiliates in order to provide full cost recovery for City staff time related to these permits, and provide a single point of contact to facilitate the permit process; and WHEREAS, the City proposes to submit invoices to SANDAG in an agreed upon format and no less than quarterly for payment of approved costs associated with the Consortium activities and other Project administrative efforts; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the MOU between SANDAG, the City of Chula Vista, and CALTRANS regarding roles and responsibilities for the RPG, in the form presented, with such minor modifications as may be approved or directed by the City Attorney, and authorizes and directs the Mayor to execute the MOU. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2018-02-27 Agenda Packet Page 237 City of Chula Vista Staff Report File#:18-0071, Item#: 11. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 5.19 TO REGULATE COMMERCIAL CANNABIS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY The City of Chula Vista desires to permit, license and fully regulate specified commercial cannabis activity within the City limits and to authorize enforcement and prosecution of unlicensed businesses, which bring dangerous and negative impacts to the community. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15061(b)(3); Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15301 (Existing Facilities); and Section 15303 (New Construction or Conversion of Small Structures). Environmental Determination The City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: 1. The Ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does not authorize a total number of businesses in the City than would otherwise be authorized; there are no other significant impacts that could occur as a result of this ordinance, and there are no unusual circumstances that would cause any such significant impacts; 2. The Ordinance is also exempt under Section 15183 (Projects Consistent with a Community Plan or Zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (Existing Facilities) since permitted cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (New Construction or Conversion of Small City of Chula Vista Printed on 2/22/2018Page 1 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 238 File#:18-0071, Item#: 11. 4. The Ordinance is exempt under Section 15303 (New Construction or Conversion of Small Structures). The businesses will be established in an urban area, and given the build out of the existing City, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Adult Use of Marijuana Act (AUMA, adopted by the voters of the State of California in November 2016, decriminalized non-medical cannabis and established a regulatory system for non-medicinal cannabis businesses in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal cannabis activity throughout the State of California. Under California law, local jurisdictions are authorized to either permit or prohibit the operation of cannabis businesses within their boundaries. The City has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses in the City. Unregulated businesses remain a source of danger and disruption for both residents and businesses. On February 6, 2018, staff brought forward a proposed ordinance intended to permit and regulate commercial cannabis activity in the City. City Council requested that staff return with revisions to the proposed ordinance that considered: 1) amending the applicant experience requirements to permit a broader range of applicants whilst maintaining substantive qualification standards; and 2) identifying the proposed Premises location in Phase One of the application process. The proposed amended ordinance addresses both of the Council’s primary requests by: 1) narrowing the number of people required to have twelve (12) months of lawful cannabis business experience (substantially similar to the type of business license for which the applicant is applying) to only one Manager, and expanding the qualifying experience required of one Owner to include a third option: operation for at least three years of a lawful business in the City of Chula Vista employing ten or more employees; and 2) providing for applicant identification of a proposed business location in Phase One. The proposed ordinance also includes other modifications and clarifications that appear in underline, strikeout text in an attached document, including for example: ·clarification that storefront retailers are allowed in mixed-use zones and that residences in mixed-use zones are not sensitive receptors ·additional language supporting the City’s authority to reject applications from persons who have been involved in unlawful commercial cannabis activity City of Chula Vista Printed on 2/22/2018Page 2 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 239 File#:18-0071, Item#: 11. ·a reference to pipeline provisions that will be adopted through regulations ·an updated license renewal section ·updated illustrations that depict the measurement paths between measuring points Staff recommends that the Council place the proposed ordinance, containing the amendments identified above, on first reading. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City of Chula Vista Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1). Consequently, this item does not present a 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 of Chula Vista 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 resolution approving the ordinance to permit, license and fully regulate specified commercial cannabis activity within the City supports the Economic Vitality and Strong and Secure Neighborhoods goals. CURRENT YEAR FISCAL IMPACT There will be no current fiscal year impact, as permitting and regulatory costs are anticipated to be fully recovered by fees. ONGOING FISCAL IMPACT It is anticipated that the ongoing cost to permit, license and fully regulate specified commercial cannabis businesses will be recovered through the fees and taxes imposed and collected from each business. Taxes and fees are estimated to be approximately $6 million a year. ATTACHMENTS 1. Ordinance 2. Ordinance with strikeout underline text Staff Contact: Kelley Bacon City of Chula Vista Printed on 2/22/2018Page 3 of 3 powered by Legistar™2018-02-27 Agenda Packet Page 240 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900DFF98\@BCL@900DFF98.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.19 OF THE CHULA VISTA MUNICIPAL CODE TO REGULATE COMMERCIAL CANNABIS WHEREAS, the Adult Use of Marijuana Act (AUMA), adopted by the voters of the State of California in November 2016, decriminalized non-medicinal cannabis and established a regulatory system for non-medicinal cannabis businesses in California; and WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California State Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non- medicinal cannabis activity throughout the State of California; and WHEREAS, under California Business and Professions Code section 26200(a)(1), local jurisdictions are authorized to either permit and regulate or prohibit the operation of cannabis businesses within their boundaries; and WHEREAS, the California Attorney General’s 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (“Guidelines”) recognizes that the concentration of cannabis in any location or premises without adequate security increases the risk that nearby homes or businesses may be impacted negatively by nuisance activity or more significant levels of crime; and WHEREAS, the City of Chula Vista has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses within its corporate boundaries; and WHEREAS, unregulated businesses remain a source of danger and disruption for City residents and businesses; and WHEREAS, in response to changes in California law, and in an effort to mitigate the negative impacts brought by unregulated cannabis businesses, the City now desires to permit, license, and fully regulate commercial cannabis activity in the City; and WHEREAS, California voters have recognized the danger of cannabis use among youth by making the sale of cannabis to those under age 21 illegal (Cal. Bus. & Prof. Code § 26140(a)(1)-(3)) and by prohibiting the possession of cannabis or cannabis products by minors (Cal. Health & Safety Code §11357); and WHEREAS, youth exposure to advertising of products such as alcohol, tobacco, and food has been shown to create positive attitudes, brand identification, and increased likelihood of initiation and use of these products; and 2018-02-27 Agenda Packet Page 241 Ordinance Page 2 WHEREAS, the City of Chula Vista has a substantial interest in promoting compliance with state and local laws intended to regulate cannabis sales and use; in discouraging the illegal purchase of cannabis products by youth; in promoting compliance with laws prohibiting sales of cannabis and cannabis products to youth; and in protecting youth from being coerced and enticed into engaging in illegal activity; and WHEREAS, pursuant to its police powers, including but not limited to California Constitution Article XI, Section 5(b) authority over municipal affairs, the City of Chula Vista has general authority over the public health, safety, and welfare of its citizens; and WHEREAS, it is the intent of the City Council to adopt a comprehensive set of requirements, restrictions, and robust enforcement procedures with regard to cannabis activity within the City in order to protect public safety, health, and other law enforcement interests. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Environmental Findings The City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: 1. The Ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does not authorize a total number of businesses in the City than would otherwise be authorized; there are no other significant impacts that could occur as a result of this ordinance, and there are no unusual circumstances that would cause any such significant impacts; 2. The Ordinance is also exempt under Section 15183 (Projects Consistent with a Community Plan or Zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (Existing Facilities) since permitted cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (New Construction or Conversion of Small Structures). The businesses will be established in an urban area, and given the build out of the existing City, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. Section II. Chapter 5.19 is added to the Chula Vista Municipal Code to read as follows: 2018-02-27 Agenda Packet Page 242 Ordinance Page 3 Chapter 5.19 COMMERCIAL CANNABIS Sections: 5.19.010 Purpose. 5.19.020 Definitions. 5.19.030 City License Required. 5.19.040 Maximum Number and Type of Authorized City Licenses. 5.19.050 City License Application Process. 5.19.060 Location Requirements for Cannabis Businesses. 5.19.070 Limitations on City’s Liability. 5.19.080 Operating and Conduct Requirements for All Licensees and Individuals. 5.19.090 Operating Requirements for Storefront Retailers. 5.19.100 Operating Requirements for Non-Storefront Retailers. 5.19.110 Operating Requirements for Cultivators. 5.19.120 Operating Requirements for Manufacturers. 5.19.130 Operating Requirements for Distributors. 5.19.140 Operating Requirements for Testing Laboratories. 5.19.150 Recordkeeping. 5.19.160 Security Measures. 5.19.170 Community Relations. 5.19.180 Promulgation of Regulations, Standards, and Other Legal Duties. 5.19.190 Compliance With Laws. 5.19.200 Right of Access & Testing. 5.19.210 Restrictions on Transfer, Change, or Alteration of City License or City Licensee. 5.19.220 Restrictions on Transfer, Change, or Alteration of Location. 5.19.230 Expiration of City License. 5.19.240 Renewal of City License. 5.19.250 Effect of State License Suspension, Revocation, or Termination. 5.19.260 Suspension or Revocation of City License. 5.19.270 Advertising and Marketing of Cannabis. 5.19.280 Enforcement and Penalties. 5.19.290 Effectiveness Conditioned on Passage of Tax Measure. 5.19.010 Purpose The Adult Use of Marijuana Act (AUMA), adopted by the voters of the State of California in November 2016, decriminalized non-medicinal cannabis and established a regulatory system for non-medicinal cannabis businesses in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal cannabis activity throughout the State of California. Under California law, 2018-02-27 Agenda Packet Page 243 Ordinance Page 4 local jurisdictions are authorized to either permit or prohibit the operation of cannabis businesses within their boundaries. The City has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses within its corporate boundaries. Unregulated businesses remain a source of danger and disruption for City residents and businesses. In response to changes in California law, and in an effort to mitigate the negative impacts brought by unregulated Commercial Cannabis Activity, the City now desires to permit, license, and fully regulate Commercial Cannabis Activities within the City. 5.19.020 Definitions. When used in this Chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage.For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any references to State Laws, including references to any California statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this Chapter. “A-License” means a State License for Commercial Cannabis Activity related to products for individuals 21 years of age and over without the need for a physician’s recommendation. “A-Licensee” means a Person holding an “A-License.” “Adult-Use Cannabis” or “Adult-Use Cannabis Product” means Cannabis or Cannabis Products for individuals 21 years of age and over without the need for a physician’s recommendation. “Advertise” means to publish or disseminate an Advertisement. “Advertisement” means any written or verbal statement, illustration, or depiction which is calculated to induce sales of Cannabis or Cannabis Products, including without limitation: any written, printed, graphic, or other material; billboard, sign, or other outdoor, digital, indoor or point-of-sale display; individual carrying a display; public transit card, other periodical, literature or publication, or in any similar media; except that such term shall not include: A. Any label affixed to any Cannabis or Cannabis Products, or any individual covering, carton, or other wrapper of such container that constitutes a part of the labeling. B. Any editorial story, or other information (e.g., news release) in any periodical, publication or newspaper either in print or electronic format, for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any City Licensee or Person engaged in Commercial Cannabis Activity, and which is not written by or at the direction of a City Licensee or Person engaged in Commercial Cannabis Activity. “Applicant” means the Owner or Owners applying for a City License pursuant to this Chapter. “Attractive to Youth” means products, packaging, labeling, or Advertisements that are reasonably likely to encourage individuals under age 21 to initiate cannabis consumption or 2018-02-27 Agenda Packet Page 244 Ordinance Page 5 otherwise to accidentally or purposely consume Cannabis or Cannabis Products. Attractive to Youth items include: A. Products that resemble a non-Cannabis consumer product of a type that is typically consumed by, or marketed to Youth, such as a specific candy or baked treat. B. Packaging or labeling that resembles packaging or labeling of a non-Cannabis consumer product of a type that is typically consumed by or marketed to Youth. C. Packaging or labeling that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to Youth. D. Advertising that mimics Advertising of a non-cannabis consumer product of a type that is typically consumed by, or marketed to Youth. E. Advertising that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to Youth. “Cannabis” means all parts of the 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. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, “Cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code. “Cannabis Concentrate” means Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. Cannabis Concentrate does not include any product intended for oral ingestion by the final consumer. A Cannabis Concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. “Cannabis Product” means Cannabis that has undergone a process whereby the plant material has been concentrated and, with or without the addition of ingredients, been transformed into a product for sale. Cannabis products include but are not limited to: Cannabis Concentrate, Edible Cannabis Products, Topical Cannabis, or an inhalant containing Cannabis or Cannabis Product. “Canopy” means the designated area(s) at a City Licensed Premises, except nurseries, that contain growing or mature Cannabis plants at any point in time. The Canopy for each Premises shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain growing or mature plants at any point in time, including any and all space(s) within such boundaries. The Canopy for any Premises may be noncontiguous provided that each unique area included in the total Canopy calculation for any Premises shall be separated by an identifiable boundary. Identifiable boundaries may include, but are not limited to: interior walls, 2018-02-27 Agenda Packet Page 245 Ordinance Page 6 shelves, greenhouse walls, hoop house walls, or fencing. If plants are being cultivated using a shelving system, the surface of each level shall be included in the total Canopy calculation. “Caregiver or Primary Caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. “City” means the City of Chula Vista, California. “City Attorney” means the City Attorney of the City of Chula Vista, or his/her designee. “City License” means the regulatory license issued by the City pursuant to this Chapter to a Commercial Cannabis Business that must be obtained prior to the commencement of any Commercial Cannabis Activity in the City. “City Licensee” means any Person holding a City License. “City Manager” means the City Manager of the City of Chula Vista, or his/her designee. “Code” means The City of Chula Vista Municipal Code. “Commercial Cannabis Activity” means the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of Cannabis or Cannabis Products. “Commercial Cannabis Business” or “Cannabis Business” means any Person lawfully engaged in a Commercial Cannabis Activity. “Council District” means any of four political subdivisions within the City by which City Council members are elected. “Crime of Moral Turpitude” means a crime involving deceit; fraud; a readiness to do evil; or an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in the perpetrator’s honesty. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis, other than for personal use. A City License is required for the Cultivation of Cannabis pursuant to 5.19.030. “Cultivator” means a Person engaged in Cultivation. “Customer” means an individual 21 years of age or over, or an individual 18 years of age or older who possesses a physician’s recommendation. “Day Care Center” has the same meaning as in Section 1596.76 of the California Health and Safety Code. “Delivery” means the commercial transfer of Cannabis or Cannabis Products from a Non- Storefront Retailer Premises to a Customer at a physical address. Delivery also includes the use by a Non-Storefront Retailer of any technology platform to facilitate Delivery. “Delivery Employee” means an employee of a Non-Storefront Retailer who conducts Deliveries. 2018-02-27 Agenda Packet Page 246 Ordinance Page 7 “Development Services Director” means the Director of the City’s Development Services Department, or his/her designee. “Distribution” means the procurement, sale, and transport of Cannabis and Cannabis Products between Commercial Cannabis Businesses. A City License is required for Distribution pursuant to 5.19.030. “Distributor” means a Person engaged in Distribution. “Edible Cannabis Product” means a Cannabis Product that is intended to be used, in whole or in part, for human consumption, including, but not limited to chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. Edible Cannabis Product has the same meaning as California Business and Professions Code section 26001. “Existing Residential Use” means a residential Pipeline Project or lawfully constructed structure or project intended for residential use within a Residential Zone. “Finance Director” means the Director of the Chula Vista Finance Department, or his/her designee. “Fire Chief” means the Chief of the Chula Vista Fire Department, or his/ her designee. “Labor Peace Agreement” means an agreement between a licensee and any bona fide labor organization that is required by State Laws and this chapter and that, at a minimum, protects public interests with the following provisions: (1) a prohibition on labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a City Licensee’s Cannabis Business; (2) an agreement by the City Licensee not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the City Licensee’s employees; access for a bona fide labor organization at reasonable times to areas in which the City Licensee’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization. “Licensee” means any Person holding a State License and a City License. “Liquid Assets” means assets that can be readily converted into cash. Liquid Assets include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. Liquid Assets does not mean household items, furniture and equipment, vehicles, Cannabis plants or products, business inventory, or real property and improvements thereto. “Live Plants” means living Cannabis flowers and plants including seeds, immature plants, and vegetative stage plants. “M-License” means a State License for Commercial Cannabis Activity involving Medicinal Cannabis. “M-Licensee” means a Person holding an M-License. 2018-02-27 Agenda Packet Page 247 Ordinance Page 8 “Manager” means any individual Person(s) designated by a Commercial Cannabis Business to manage day-to-day operations of the Commercial Cannabis Business or any Person acting with apparent management authority. Evidence of management authority includes, but is not limited to, evidence that the Person has the power to direct, supervise, or hire and dismiss employees, control hours of operation, create policy rules, or purchase supplies. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a Cannabis Product. A City License to Manufacture is required pursuant to 5.19.030. “Manufacturer” means a Person engaged in Manufacturing. “Marketing” means any act or process of promoting or selling Cannabis or Cannabis Products, including, but not limited to, sponsorship of events, offers such as tickets to events, point-of-sale advertising, branded merchandise, pamphlets or product promotion materials. “Medicinal Cannabis” or “Medicinal Cannabis Product” means Cannabis or a Cannabis Product for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Minor” means an individual under 18 years of age. “Non-Storefront Retailer” means a Person that offers Cannabis, Cannabis Products, or devices for the use of Cannabis or Cannabis Products, either individually or in any combination, for retail Sale to Customers exclusively by Delivery. A City License is required to operate a Non- Storefront Retailer Business pursuant to 5.19.030.. “Officer” means any of the following: A. The chief executive officer of an entity engaged in a Commercial Cannabis Business. B. A member of the board of directors of an entity engaged in a Commercial Cannabis Business. C. A Person participating in the direction or control of an Applicant for a City License or any Owner of a Commercial Cannabis Business within the City. “Owner” means any of the following: A. In the context of a Commercial Cannabis Business, a Person with an aggregate ownership interest, direct or indirect, of ten percent (10%) or more in a Commercial Cannabis Business, whether a partner, shareholder, member, or the like, including any security, lien, or encumbrance in an ownership interest that, upon default, could become an ownership interest of 10% or more in a Commercial Cannabis Business. B. In the context of a Premises, a Person with an aggregate ownership or long-term lease interest, direct or indirect, of ten percent (10%) or more in the Premises, whether as a partner, shareholder, member, joint tenant or the like. 2018-02-27 Agenda Packet Page 248 Ordinance Page 9 “Operation” means any act for which licensure is required under the provisions of this Chapter or State Laws, or any commercial transfer of Cannabis or Cannabis Product. “Patient or Qualified Patient” means a person who is entitled to the protections of California Health & Safety Code Section 11362.5 as further provided in California Health & Safety Code Section 11362.7. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of persons acting as a unit. “Pipeline Project” means a proposed use or project for which the City has received all required applications, and required supporting information and documents, and which has been entered into the City’s project tracking system. “Police Chief” means the Chief of the Chula Vista Police Department, or his/her designee. “Premises” for Commercial Cannabis Activity means the designated structure or structures and land, or portions thereof, specified in an application for a City License or, if a City License is issued, that is owned, leased, or otherwise held under the control of the City Licensee, and is designated as the structure or structures and land, or portions thereof where the Commercial Cannabis Activity will be or is conducted. “Private Parks” means privately owned outdoor premises, available for community use, containing recreational areas or playground equipment, including tot-lots, swings, or similar equipment, designed for use by Minors. Where a Private Park is located within a parcel containing other uses, the Private Park premises shall be defined as the area within which all recreational areas or playground equipment designed for use by Minors is contained. “Public Parks” means outdoor premises containing existing or proposed parks, including community parks, neighborhood parks, mini-parks, and urban parks that are currently or proposed to be owned or operated by the City or other governmental agency. “Public Street” is any public right-of-way designated for vehicular use. “Purchaser” means the Customer who is engaged in a transaction with a Commercial Cannabis Business for purposes of obtaining Cannabis or Cannabis Products. “Residential Zone” means an R-1, R-2, or R-3 zone, or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan, in each case within which residential uses are allowed by right and commercial uses are allowed only as accessory uses. “Sell” and “Sale” mean any transaction whereby, for any consideration, title to Cannabis or Cannabis Products is transferred from one person to another, and includes the Delivery of Cannabis or Cannabis Products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same. “State” means the State of California. 2018-02-27 Agenda Packet Page 249 Ordinance Page 10 “State Laws” means the laws of the State of California, which includes, but are not limited to, California Health and Safety Code Sections 11000, et seq.; California Health and Safety Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7, et seq.(Medical Marijuana Program); California Health and Safety Code Sections 26000, et seq.(Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all State regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California. “State License” means a license issued by the State of California, or one of its departments or divisions, under State Laws to engage in Commercial Cannabis Activity. License includes both an “A-license” (adult use) and an “M-license” (medicinal use), as defined by States Laws, as well as a testing laboratory license. “State Licensee” means any Person holding a State License. “Storefront Retailer” means a Person that offers Cannabis, Cannabis Products, or devices for the use thereof, either individually or in any combination, for retail sale to Customers exclusively at Premises providing access to the public. A City License is required to operate a Storefront Retailer Business pursuant to 5.19.030. “Testing Laboratory” means a laboratory, facility, or entity in the State that offers or performs tests of Cannabis or Cannabis Products and that is both of the following: A. Accredited by an accrediting body that is independent from all other persons involved in Commercial Cannabis Activity in the State; and B. Licensed by the State. A City License is required to operate a Testing Laboratory pursuant to 5.19.030. “Testor” means a Licensee that offers or performs tests of Cannabis or Cannabis Products at a Testing Laboratory. “Topical Cannabis” means a product intended for external application and/or absorption through the skin. A Topical Cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. “Transport” means transfer of Cannabis or Cannabis Products from the Premises of one Licensee to the Premises of another Licensee, for the purposes of conducting Commercial Cannabis Activity authorized by State Laws and this Chapter. “Treatment Center” means a medical treatment or counseling facility licensed by the California Department of Health Care Services and located outside of a residential zone that treats five or more persons with substance abuse conditions in one calendar year. 2018-02-27 Agenda Packet Page 250 Ordinance Page 11 “Youth” means an individual under 21 years of age. “Youth Center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. “Youth-Oriented Business” means any for-profit or non-profit business where the majority of individuals who patronize, congregate, or assemble at the business location are less than 21 years old. 5.19.030 City License Required. A. No Person may engage in any Commercial Cannabis Business and/or in any Commercial Cannabis Activity within the City unless that Person: (1) has a valid State License authorizing such business or activity; (2) has a valid City License authorizing such business or activity; and (3) is currently in compliance with all other applicable state and local laws and regulations pertaining to such business or activity. No City License will be available for issuance until, at the earliest, January 1, 2019. Except as expressly authorized in this Chapter, all Commercial Cannabis Businesses and Commercial Cannabis Activities are prohibited within the City. B. Notwithstanding the foregoing, the Delivery of Cannabis or Cannabis Product originating from a Commercial Cannabis Business licensed in accordance with California Business and Professions Code section 26050(a)(17) is permitted without a City License, so long as the Delivery originates from a licensed Commercial Cannabis Business outside the City of Chula Vista, and is conducted in accordance with all codified and administrative state and local laws and regulations, including but not limited to the requirements of section 5.19.100.C below. 5.19.040 Maximum Number and Types of Authorized City Licenses. Commencing January 1, 2019, the authorized number of City Licenses for each type of Commercial Cannabis Business available for issuance within the City shall be as follows: A. Storefront and Non-Storefront Retailer Licenses: Twelve (12) total, with no more than three (3) City Licenses available for Operation within each Council District. Of the three (3) City Licenses available for Operation within each Council District, no more than two (2) City Licenses shall be available for Storefront Retailers. B. Other License Types: The City is also authorized to issue, without numerical limit, City Licenses for the following Commercial Cannabis Businesses: 1. Manufacturer; 2. Distributor; 3. Testing Laboratory; and 4. Indoor Cultivator. C. Storefront Retailer City Licenses shall be limited to A-Licensees only. All other City License types may be available to A-Licensees and M-Licensees. 2018-02-27 Agenda Packet Page 251 Ordinance Page 12 D. No City License shall issue for any Commercial Cannabis Business type other than those identified in subsections (A) through (C) above. E. The City shall take no action to increase the maximum number of authorized Storefront Retail Licenses until July 1, 2020. After July 1, 2020, the City Council may consider increasing the maximum number of authorized Storefront Retail Licenses, but only after receiving and considering a report from the City Manager regarding any observed or projected adverse impacts on the community from such businesses. F. The City Council may make a referral to the City Manager at any time for a recommendation on if and how the City should decrease the total number of City Licenses for any or all types of Commercial Cannabis Businesses, or to impose a cap on previously uncapped license types. If the City Council proceeds with a decrease in the total number of City Licenses for any or all types of Commercial Cannabis Businesses within the City, any such action shall include provisions for determining which, if any, existing City Licenses shall be eliminated and when Operations for eliminated City Licenses shall cease. 5.19.050 City License Application Process. The following procedures shall govern the application process for the issuance of any City License under this Chapter. A. Phase One Application Process 1. Application Requirements. Any Applicant seeking to obtain a City License to operate a Commercial Cannabis Business within the City shall submit a Phase One Application to the City, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase One Application must contain the following: a. Applicant’s name, address, telephone number, and e-mail address; b. Names and addresses of all Owners, Officers, and Managers. c. If any Applicant or Owner is a business entity or any other form of entity, the entity’s legal status, formation documents, and proof of registration with, or a certificate of good standing from, the California Secretary of State, as applicable. d. The type of City License the Applicant is seeking. e. A description of any and all Commercial Cannabis Activity engaged in as an owner, manager, lender, employee, volunteer, or agentby the Applicant and all Owners, Officers, and Managers over the previous 5 years, including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity. An Applicant for a Storefront Retailer, Non-Storefront Retailer, Manufacturer, or Cultivator City License must demonstrate each of the following: i. That at least one Manager has had managerial oversight or been directly engaged in the day-to-day operation of a Commercial Cannabis Business for a minimum of twelve (12) consecutive months, within the previous 5 years, in a jurisdiction permitting such Commercial Cannabis Activity. The 12 consecutive months of lawful Commercial Cannabis Activity 2018-02-27 Agenda Packet Page 252 Ordinance Page 13 demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; and ii. That at least one Owner has one of the following types of experience: (A) a minimum of twelve (12) consecutive months as an Owner of a Commercial Cannabis Business, within the previous 5 years, in a jurisdiction permitting such Commercial Cannabis Activity. The 12 consecutive months of lawful Commercial Cannabis Business ownership demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; or (B) a minimum of thirty-six (36) consecutive months as an owner with an aggregate ownership of 30% or more in a lawful alcohol or pharmaceutical business licensed and regulated by a state or the federal government. The 36 months of experience demonstrated must be of a type substantially similar to that allowed by the City License for which the applicant is applying; or (C) a minimum of thirty-six (36) consecutive months as an owner with an aggregate ownership interest of 30% or more in a lawful, properly licensed business with an average of ten (10) or more employees located within the City, thereby demonstrating a record of experience, familiarity and compliance with City rules and regulations. f. Documentation demonstrating a minimum of $250,000 in Liquid Assets available under the Applicant’s control. g. A business plan that contains, at a minimum, the following: a defined scope of planning and capital improvements; estimated revenues and expenses; and a demonstrated ability to operate in a highly regulated industry. h. An operating plan that contains, at a minimum, the following: provisions for adequate staffing, security, employee training, consumer education, and compliance with State and local laws and regulations. i. Submission by each individual Applicant, Owner, Officer, and Manager of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If the Applicant or any Owner or Manager is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. j. A statement, under penalty of perjury, by each individual Applicant, Owner, Officer, and Manager, that all information provided thereby is true and correct and that he/she has not conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction. k. If an individual Applicant, Owner, Officer, or Manager, or any entity such individual has been associated with in such capacity, has been denied authorization to conduct Commercial Cannabis Activity in any jurisdiction and/or such Person’s authorization to conduct Commercial 2018-02-27 Agenda Packet Page 253 Ordinance Page 14 Cannabis Activity in any jurisdiction has been suspended or revoked at any time, a description of each denial, suspension and/or revocation and documentation demonstrating a material change in circumstances since such denial, suspension, or revocation. l. For an Applicant with 10 or more employees, a statement that the Applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a Labor Peace Agreement. m. The Finance Director or Police Chief may request such additional information, as he/she deems necessary including documents, from the Applicant to evaluate Applicant’s qualifications. If the Applicant fails to provide such additional information in the time allotted, the Application shall be considered abandoned. 2. Site Identification. Phase One Applicants must also identify and submit a proposed site for its proposed Commercial Cannabis Business. Such submittal shall include the address and a general description of the proposed site location. In the event the site will be leased from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the site on a form approved by the City acknowledging that the Owner(s) of the site: (a) has read this Chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms already agreed to or to be negotiated with the Applicant that are or shall be consistent with the requirements of this Chapter. 3. Application Fee. The Phase One Application shall be accompanied by a nonrefundable application fee established by resolution of the City Council. 4. Initial Application Review by Finance Director. The Phase One Application shall be reviewed by the Finance Director for completeness and to determine if City’s minimum City License qualifications have been satisfied. Phase One Applications may be rejected by the Finance Director for any of the following reasons in his/her discretion: a. The application is received after the designated time and date; b. The application is not in the required form and/or is incomplete. A Phase One Application shall not be considered complete until the Finance Director has: (i) determined that all requirements of the application have been provided to the city; (ii) received the nonrefundable Phase One application fee; and (iii) obtained all other information the Finance Director determines necessary to make a decision whether the Application meets the requirements of State Laws or this Code. c. The Applicant has failed to pay the application fee required by this Chapter and specified by City Council resolution; d. The Applicant has failed to demonstrate the financial capacity to operate its proposed Commercial Cannabis Business and to fulfill its obligations under this Chapter. e. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process. 2018-02-27 Agenda Packet Page 254 Ordinance Page 15 f. The Applicant, an Owner, Officer, or Manager is under twenty-one years of age. g. The Applicant or any Owner is an entity that is incorporated outside of the United States. h. The Applicant has failed to demonstrate the minimum experience required in accordance with section 5.19.050.A.1.e, above. i. The Applicant, or any Owner, Officer, or Manager, has had his/her/its authorization to conduct Commercial Cannabis Activity in any jurisdiction suspended or revoked at any time, and such person has not demonstrated a material change in circumstances or corrective action since such suspension, and/or revocation. 5. Application Review by Police Chief. Phase One applications accepted by the Finance Director as minimally qualified shall be forwarded to the Police Chief for review and completion of any and all required background checks. Phase One Applications may be rejected by the Police Chief for any of the following reasons in his/her discretion: a. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process; b. The Applicant, any Owner, Manager, or Officer, or any other individual identified pursuant to 5.19.050.A.1.i has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. c. The Applicant or any Owner, Officer, or Manager has been convicted of a felony. d. The Applicant or any Owner, Officer, or Manager has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon. e. There are charges pending against the Applicant, or any Owner, Officer, or Manager for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. f. The Applicant, or any Owner, Officer, or Manager has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of state or local laws or regulations related to Commercial Cannabis Activity or to pharmaceutical or alcohol licensure. g. The Applicant, or any Owner, Officer, or Manager has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction. 6. Notice of Decision. The Finance Director or Police Chief shall serve the Applicant, either personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase One Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase One Application shall be final. The City Manager shall provide dated written notice to the Applicant, either personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination. 2018-02-27 Agenda Packet Page 255 Ordinance Page 16 7. Invitation to Submit Phase Two Application; Lottery System. Applicants who are approved by the Finance Director and Police Chief under the Phase One Application process, or by the City Manager upon appeal, shall be deemed qualified to submit a Phase Two Application. If the number of deemed “qualified” Phase One Applicants for Storefront Retail or Non-Storefront Retail Licenses exceeds the number of available City Licenses for those license types, a lottery system established by the City shall be used to determine which of the qualified Applicants is invited to submit a Phase Two Application. 8. Phase One Approvals Valid for Six Months. Phase One approvals shall be valid for a maximum period of six (6) months in order to allow the Applicant to complete the Phase Two process. City regulations issued pursuant to this Chapter, may provide for extensions of this time periods in limited, defined circumstances. B. Phase Two Application Process 1. Application Requirements. The Phase Two Application shall be submitted in writing, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase Two Application must contain the following: a. Proposed Premises location and description. b. Information and diagrams demonstrating that the proposed Premises location complies with the applicable locational requirements of this Chapter, the City’s zoning code, and State Laws. c. Identification of all Owners of the proposed Premises location and a copy of all agreements for site control. d. Submission by each individual Owner of the proposed Premises location of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If an Owner of the Proposed Premises location is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. e. Proposed emergency action and fire prevention plan that includes, at a minimum, employee roles and responsibilities; emergency notification and egress procedures; fire hazard identification, maintenance, and procedures; and fire and life safety system identification, maintenance, and procedures. f. Proposed security plan that includes, at a minimum, employee roles and responsibilities; entry/exit security and procedures; security guard coverage and duties; lighting, alarm, and camera placement and operation; limited-access area identification and procedures; cash handling processes and procedures, and demonstrates compliance with section 5.19.160. 2018-02-27 Agenda Packet Page 256 Ordinance Page 17 g. Information required or necessary to demonstrate the ability to comply with the applicable operational requirements set forth in sections 5.19.080 through 5.19.140, as applicable. 2. Application Fee. The Phase Two Application shall be accompanied by a non-refundable application fee established by resolution of the City Council. 3. Site Approval. As part of the application process, the Applicant shall be required to obtain all required land use approvals from the City and/or any other governmental agency with jurisdiction, including a certification from the Development Services Director certifying that the business is an allowed use in the zone where it is located, and the proposed site meets all of the requirements of this Chapter and Title 19 of this Code. 4. Site Control. As a condition precedent to the City’s issuance of a City License pursuant to this Chapter, in the event the Premises will be leased from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the Premises on a form approved by the City acknowledging that the Owner(s) of the Premises: (a) has read this Chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms agreed to with the Applicant that are consistent with the requirements of this Chapter. 5. Application Review by Development Services Director, Fire Chief, and Police Chief. Phase Two Applications shall be reviewed and are subject to approval by the Development Services Director, the Fire Chief and the Police Chief. A Phase Two Application may be rejected by the Development Services Director, Fire Chief, and/or Police Chief for any of the following reasons: a. The application is received after the designated time and date; b. The application is not in the required form and/or is incomplete. A Phase Two Application shall not be considered complete until the Development Services Director, Fire Chief, and Police Chief have: (i) determined that all requirements of the application have been provided to the city; (ii) received the nonrefundable Phase Two application fee; and (iii) obtained all other information the Development Services Director, Fire Chief, and Police Chief determine is necessary to make a decision whether the application meets the requirements of State Laws or this Code. c. The application fails to demonstrate that the proposed Premises location complies with this Chapter, the City’s zoning code, and State Laws. d. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process; e. An Owner of the proposed Premises location or any other individual identified pursuant to 5.19.050.B.1.d has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. f. An Owner of the proposed Premises location has been convicted of a felony. 2018-02-27 Agenda Packet Page 257 Ordinance Page 18 g. An Owner of the proposed Premises location has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon. h. There are charges pending against an Owner of the proposed Premises location for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. i. An Owner of the proposed Premises location has been adversely sanctioned or penalized by City, or any other city, county, or state, for a material violation of state or local laws related to Commercial Cannabis Activity. j. An Owner of the proposed Premises location has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction. 6. Notice of Decision. The Development Services Director, Fire Chief, or Police Chief shall serve the Applicant, either personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase Two Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase Two Application shall be final. The City Manager shall provide dated written notice to the Applicant, either personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination. 7. Conditional City Approval Valid for Six Months. Upon obtaining final approval of a Phase Two Application, an applicant shall be issued a conditional City approval. The conditional City approval shall be valid for a period of six (6) months to allow the Applicant to take all necessary actions to open its Commercial Cannabis Business. If the business is not fully permitted and operating by the end of this six (6) month period (the “Conditional Approval Period”), the conditional City approval will be void without the need for further action by the City. Notwithstanding the foregoing, if the only remaining action necessary for an Applicant holding a conditional City approval is the State’s determination on such Applicant’s pending State License application, the validity of the conditional City approval shall be extended until the earlier to occur of: (a) the State’s determination on the issuance of the pending State License application, or (b) the date falling 6 months after the expiration of the Conditional Approval Period. City regulations issued pursuant to this Chapter may provide for other extensions of the Conditional Approval Period in limited, defined circumstances. 8. Pipeline Projects; Priority Regulations to be Issued. Prior to commencing the application process for City Licenses, City will develop and issue regulations to establish and clarify development rights priorities between, on the one hand, Commercial Cannabis Businesses, and, on the other hand, uses and businesses with separation requirements with respect to Commercial Cannabis Businesses. Regulations shall include, among other things, provisions applicable to Pipeline Projects and Existing Residential Uses. C. Requirements Prior to Commencement of Operation. Prior to commencing Operations under a City License, in addition to any and all other applicable State and local requirements, a City Licensee must comply with the following requirements: 2018-02-27 Agenda Packet Page 258 Ordinance Page 19 1. Fees and Charges. Pay in full all fees and charges required for the Operation of a Commercial Cannabis Activity. Fees and charges associated with the Operation of a Commercial Cannabis Business shall be established by resolution of the City Council which may be amended from time to time. 2. Business License Tax. Pay to the City a business license tax as required by Code Chapter 5.02. 3. Permits and Approvals. Obtain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the Premises and the zoning district in which such business will be located. 4. Final Security Plan Approval. Obtain final security plan approval from the Police Chief for the Premises and Operation of the Commercial Cannabis Business. 5. Final Emergency Action and Fire Prevention Plan Approval. Obtain final safety approval from the Fire Chief for the Premises and Operation of the Commercial Cannabis Business. 6. Employee Work Permits. Obtain from the Police Chief work permits for each employee of the Commercial Cannabis Business whose name did not appear on an Application for a City License. Each employee shall submit their application for such work permit to the Police Chief, which application shall be under oath and shall include, among other things, the name, address, proposed job title, and past criminal record, if any, of the employee and shall be accompanied by the fingerprints of the employee. An application for an employee work permit shall be accompanied by the required fee(s) or the required renewal fee(s). The work permit, when issued, shall be valid for one year. The Police Chief may revoke, deny, or not renew any employee work permit upon finding that any of the factors outlined in sections 5.19.050.A.3 through A.4 and/or sections 5.19.270.F through .H apply. 7. State License. Submit proof that the necessary State License has been obtained and that Applicant remains in good standing thereunder. 8. Agreement. Submit a fully executed agreement as required by section 5.19.070. 9. Insurance. Submit proof of insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City’s insurance and claims administrator. 10. Operational Requirements. Demonstrate compliance with any and all pre-opening operational requirements that may apply as specified in section 5.19.080 through 5.19.140, below, and the ability to comply with and all applicable and ongoing operational requirements. D. General Rules. 1. If a Phase One or Phase Two application is denied or a corresponding conditional City License expires, no Applicant or Person named therein will be qualified to submit a new Phase One application until the passage of one year from the date of the denial or expiration. 2. Phase One and Phase Two applications shall include such supplemental materials as required by the rules and regulations adopted pursuant hereto. The City may, at the City Manager’s 2018-02-27 Agenda Packet Page 259 Ordinance Page 20 discretion, require additional documentation associated with any application as may be necessary to enforce the requirements of State Laws and this Code. 3. Applicants shall have no right to operate under a City License until a City License is actually issued thereto by the City. Each Applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this Chapter. 4. Issuance of a City License does not create a land use entitlement. Furthermore, no City License will be officially issued and no Applicant awarded a City License may begin operations until the City Licensee is fully in compliance with all state and local laws and regulations, including but not limited to State Laws. 5. The City reserves the right to reject or approve any and all applications and conditional licenses based on the standards set forth in this Chapter, or otherwise in its sole discretion, taking into account the health, safety and welfare of the community, and in accordance with its general police powers authority. E. Limits on Number of Applications Per Applicant/Owner. The number of applications allowed to be filed by each Applicant/Owner shall be determined by regulations promulgated by the City Council or the City Manager. Limits imposed, if any, may be applied on an overall basis, per license type, and/or per Council District. 5.19.060 Location Requirements for Cannabis Businesses As set forth above in Code Section 5.19.030, a limited number of City Licenses for Commercial Cannabis Businesses shall be authorized and issued by the City. In locating such businesses, City Licensees shall be further subject to the following requirements. A. In General. The licensed Premises of a Commercial Cannabis Business shall be a contiguous, fully enclosed area and shall be occupied only by one Licensee. B. Storefront Retailers. 1. Allowed Zones. Subject to the separation requirements set forth below, Storefront Retailers shall only be allowed in the following zones: (a) C-0 Administrative and Professional Office; (b) C-N Neighborhood Commercial; (c) C-C Central Commercial; (d) C-V Visitor Commercial; (e) C-T Thoroughfare Commercial; (f) other Commercial Zones in Specific Plans or Sectional Planning Area Plans that allow retail sales uses (including such zones that allow mixed commercial and residential uses); and (g) with a Conditional Use Permit, in the following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and equivalent Industrial Zones in Specific Plans or Sectional Planning Area Plans that allow industrial uses. 2. Special Rules for Storefront Retailers in Industrial Zones. In addition to any and all other applicable Code requirements, Storefront Retailers proposed to be located in Industrial Zones (a) must be located in buildings with entrances that face, and are within 100 feet of a Public Street; and (b) must comply with parking and sign regulations applicable to retail sales businesses in commercial zones. 2018-02-27 Agenda Packet Page 260 Ordinance Page 21 3. Separation Requirements. a. Storefront Retailers shall not be located within 1,000 feet of any Day Care Center or any public or private school providing instruction for kindergarten or any grades 1 through 12. b. Storefront Retailers shall not be located within 600 feet of any Treatment Facility, Youth Center, Youth-Oriented Business, Public Park, or Private Park. c. Storefront Retailers shall not be located within 150 feet of any Residential Zone. 4. Retail Sales Requirements Apply. Storefront Retailers are retail sales uses for purpose of the Code. Except as otherwise provided in this Chapter, all retail sales use requirements for the allowed zone in which the business is located shall apply. C. Non-Storefront Retailers. 1. Allowed Zones. Subject to the separation requirements set forth below, Non-Storefront Retailers shall only be allowed in following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and equivalent Industrial Zones in Sectional Planning Area Plans that allow industrial uses. 2. Separation Requirements. Non-Storefront Retailers shall not be located within 150 feet of any Residential Zone. 3. Industrial Use Requirements Apply. Non-Storefront Retailers are industrial uses for the purpose of the Code. Except as otherwise provided in this Chapter, all industrial use requirements for the allowed zone in which the business is located shall apply. D. Manufacturers; Distributors; Testing Laboratories; and Cultivators. 1. Allowed Zones. Subject to the separation requirements set forth herein, below, Manufacturers, Distributors, Testing Laboratories, and Cultivators shall be allowed in following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and equivalent Industrial Zones in Sectional Planning Area Plans that allow industrial uses. 2. Separation Requirements. No Manufacturer, Distributor, Testing Laboratory or Cultivator shall be located within 150 feet of any zone allowing residential uses. 3. Industrial Use Requirements Apply. Manufacturers, Distributors, Testing Laboratories, and Cultivators are industrial uses for the purpose of the Code. Except as otherwise provided in this Chapter, all industrial use requirements for the allowed zone in which the business is located shall apply. E. Standards for Measurement of Separation Distances. For purposes of this Section, separation distances between uses shall be measured as follows: 1. Measuring Points Established. Separation distance between uses shall be measured horizontally in a continuous series of straight lines that connect the two closest “measuring points” of each business or use as set forth herein, below. 2018-02-27 Agenda Packet Page 261 Ordinance Page 22 a. For a Commercial Cannabis Business, the “measuring point” shall be the center point of the public entrance closest to a Public Street. b. For a Day Care Center, Youth Center, Youth Oriented Business, or Treatment Facility, the “measuring point” shall be the center point of the public entrance closest to a Public Street. c. For a public or private school, Public Park, Private Park, or Residential Zone, the “measuring point” shall be the point located on the legal parcel boundary line abutting a Public Street or zone line, as applicable, that is closest to the “measuring point” of the Commercial Cannabis Business at issue. 2. Measurement Paths; Examples. Measurements between public entrances shall start at the “measuring point” of Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the Public Street fronts, and in a direct line across intersections along the shortest pedestrian route toward the “measuring point” of the separated use until it reaches such “measuring point”. See illustrations below. Measurements between public entrances and legal parcel boundary lines shall start at “measuring point” of the Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the public street front(s), and in a direct line across intersections along the shortest pedestrian route towards the “measuring point” of the separated use until it reaches such “measuring point”. See illustration below. 2018-02-27 Agenda Packet Page 262 Ordinance Page 23 2018-02-27 Agenda Packet Page 263 Ordinance Page 24 Where a public or private school, Public Park, Private Park, or residential use or Residential Zone are directly adjacent to or across a Public Street from a Storefront Retailer or Non- Storefront Retailer, the separation distance shall be measured between the respective “measuring points” without regard to a Public Street or intersections. See illustration below. Where a Commercial Cannabis Business and a Day Care Center, Youth Center, Treatment Facility, Youth-Oriented Business or existing residential use are on the same parcel, or contiguous parcels, the separation distance shall be measured in a straight line connecting their “measuring points”. See illustration below. 2018-02-27 Agenda Packet Page 264 Ordinance Page 25 3. Interpretations, Determinations Made by Development Services Director. Interpretations and determinations of compliance with the requirements of this section and the calculation of separation distances shall be made by the Development Services Director. Exhibits from a Licensed Land Surveyor may be required by the City to make a final decision on compliance with the separation requirements of this subsection. 5.19.070 Limitations on City’s Liability; Licensee’s Indemnity Obligations To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability to any Applicant, government agency, or third party as a result of having issued a City License pursuant to this Chapter, or otherwise approving the Operation of any Commercial Cannabis Business. As a condition to the issuance of any City License, the Applicant shall be required to enter into and fulfill all requirements of an agreement, in a form approved by the City Attorney, whereby all Owners agree to (a) indemnify, protect, defend (at Owner’s sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses that arise out of, or that are in any way related to, the City’s issuance of the City License, the City’s decision to approve the Operation of the Commercial Cannabis Business or Activity, the process used by the City in making its decision, City Licensee’s Operation of its Commercial Cannabis Business, or the alleged violation of any federal, state or local laws by the Commercial Cannabis Business or any of its officers, employees or agents; and (b) provide evidence of and maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Risk Manager. 5.19.080 Operating and Conduct Requirements for All Licensees and Individuals. A. No person shall consume Cannabis and/or Cannabis Products on the Premises of a Commercial Cannabis Business. B. No person shall cause or license the sale, dispensing, or consumption of alcoholic beverages or tobacco products on the Premises of a Commercial Cannabis Business. C. No Cannabis or Cannabis Products shall be visible from the exterior of any Premises issued a City License, or on any of the vehicles owned or used as part of a Commercial Cannabis Business. No outdoor storage of Cannabis or Cannabis Products is permitted at any time. D. Each Commercial Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Commercial Cannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Commercial Cannabis Business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the Finance Director prior to being used by the City Licensee. E. All Cannabis and Cannabis Products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by Commercial Cannabis Businesses that maintain operations in full conformance with State Laws, State regulations, local laws, and local regulations. 2018-02-27 Agenda Packet Page 265 Ordinance Page 26 F. All Commercial Cannabis Businesses shall have a Manager on the premises at all times during hours of operation. G. Each Commercial Cannabis Business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site Manager or Owner to whom emergency notice may be provided at any hour of the day. H. Each Commercial Cannabis Business premises shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the Premises or in the areas adjacent to the Commercial Cannabis Business is prohibited. I. Persons under the age of twenty-one (21) years shall not be allowed and are not allowed on the Premises of a Commercial Cannabis Business, and shall not be allowed and are not allowed to serve as a driver for a Non-Storefront Retailer. J. It shall be unlawful and a violation of this Chapter for any Person to employ an individual at a Commercial Cannabis Business who is not at least twenty-one (21) years of age. K. Odor Control. Odor control devices and techniques shall be incorporated in the Premises of all Commercial Cannabis Businesses to ensure that odors from Cannabis are not detectable off- site. Commercial Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Commercial Cannabis Business that is distinctive to its Operation is not detected outside of the Premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Commercial Cannabis Business. As such, Commercial Cannabis Businesses must install and maintain the following equipment, or any other equipment which the Development Services Director determines is a more effective method or technology: 1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; 2. An air system that creates negative air pressure between the Commercial Cannabis Business’s interior and exterior, so that the odors generated inside the Commercial Cannabis Business are not detectable on the outside of the Commercial Cannabis Business. L. Safety and Security Plans. Each Commercial Cannabis Business must comply with all requirements of the security plan approved by the Police Chief and with all safety requirements of the Emergency Action and Fire Prevention Plan approved by the Fire Chief. M. Display of City License and City Business License. The original copy of the City License and the City Business License shall be posted inside the Premises of the Commercial Cannabis Business in a location readily-visible to the public. N. Employee Identification. Each and every employee of a City Licensee must, at all times when present on a Premises and while conducting a Delivery, wear an identification badge containing their photograph, age, the name of the City Licensee for whom they are employed, and, if the employee is a Manager, the employee’s job title. 2018-02-27 Agenda Packet Page 266 Ordinance Page 27 O. Delaying or Lingering Prohibited. The City Licensee shall take reasonable steps to prevent individuals from delaying or lingering on the Premises without a lawful purpose. P. Cannabis Use on Premises Prohibited. The City Licensee shall take reasonable steps to prevent the use and consumption of Cannabis or Cannabis Products on the Premises. Q. Licenses and other Approvals. Throughout the Operation of a Commercial Cannabis Business, the City Licensee must maintain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the zoning district in which the Commercial Cannabis Business Premises is located. R. Persons with Disabilities.Nothing in this Chapter exempts a Commercial Cannabis Business from complying with all applicable local, State and federal laws and regulations pertaining to persons with disabilities. S. Discrimination. No Commercial Cannabis Business may discriminate or exclude patrons in violation of local, State and federal laws and regulations. T. Fees and Charges. 1. No Person may conduct Commercial Cannabis Activity without timely paying in full all fees and charges required associated with the Operation of a Commercial Cannabis Activity. Fees and charges associated with the Operation of a Commercial Cannabis Activity shall be established by resolution of the City Council which may be amended from time to time. 2. City Licensees authorized to Operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State and local law. Each Commercial Cannabis Business shall cooperate with City with respect to any reasonable request to audit the Commercial Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. U. Training Requirements. City reserves the right to impose training requirements on Managers, employees, and others involved in the Operation of a Commercial Cannabis Business, with the specific requirements to be determined and implemented through regulations. 5.19.090 Operating Requirements for Storefront Retailers. A. A Storefront Retailer shall not Sell Medicinal Cannabis or Medicinal Cannabis Products. B. A Storefront Retailer shall not conduct Deliveries. C. A Storefront Retailer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. A Storefront Retailer shall Sell no more than 28.5 grams of non-concentrated Cannabis in a single day to a single customer. 2018-02-27 Agenda Packet Page 267 Ordinance Page 28 2. A Storefront Retailer shall Sell no more than 8 grams of Cannabis Concentrate, including Cannabis Concentrate contained in Cannabis Products, in a single day to a single customer. 3. A Storefront Retailer shall Sell no more than 6 immature Cannabis plants in a single day to a single customer. 4. A Storefront Retailer shall not Sell edible Cannabis Products containing more than 10 milligrams of THC per serving. 5. A Storefront Retailer shall not Sell edible Cannabis Products containing more than 100 milligrams of THC per package. 6. A Storefront Retailer shall not Sell Cannabis Products that is in the shape of a human being, either realistic or caricature, animal, insect, or fruit. 7. A Storefront Retailer shall not Sell Cannabis-infused beverages or powder, gel, or other concentrate with instruction for the preparation of Cannabis-infused beverages. 8. A Storefront Retailer shall not provide free Cannabis or Cannabis Products to any Person. 9. A Storefront Retailer shall notify Customers of the following verbally (or by written agreement) and by posting of a notice or notices in a minimum of 24-point font conspicuously within the Storefront Retailer Premises: a. “The sale or diversion of cannabis or cannabis products without a license issued by the City of Chula Vista is a violation of State law and the Chula Vista Municipal Code.” b. “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from [Insert Name of Licensee] is a crime and can lead to arrest.” c. “Patrons must immediately leave the premises and not consume cannabis or cannabis products until at home or in an equivalent private location. Staff shall monitor the location and vicinity to ensure compliance.” 10. All restroom facilities on the Premises shall remain locked and under the control of management. 5.19.100 Operating Requirement for Non-Storefront Retailers. A. From a public right-of-way, there should be no exterior evidence of Non-Storefront Retailer Premises except for any signage authorized by this Code. B. The general public is not permitted on the Premises of a City Non-Storefront Retailer Licensee except for the agents, applicants, managers, and employees of the City Non-Storefront Retailer Licensee and any agents or employees of the City. C. A Non-Storefront Retailer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. Delivery Regulations. 2018-02-27 Agenda Packet Page 268 Ordinance Page 29 a. All Deliveries of Cannabis or Cannabis Product shall be made by and individual person to an individual person. A Delivery of Cannabis or Cannabis Product shall not be made through the use of an unmanned vehicle. b. A Delivery Employee conducting a Delivery shall only travel in an enclosed motor vehicle operated by a Delivery Employee. c. Delivery of Cannabis or Cannabis Product shall only be made to a physical address (e.g., not to a P.O. Box or a street intersection). d. Delivery of Cannabis or Cannabis Products shall not be made to any public or private school providing instruction for kindergarten or any grades 1 through 12, Day Care Center, Youth Center, Treatment Facility, Youth Center, Youth-Oriented Business, Public Park, or Private Park. Deliveries to any workplace shall remain subject to any employer’s right to limit or prohibit such activity. e. While conducting a Delivery, a Delivery Employee shall ensure the Cannabis or Cannabis Products are not visible to the public. f. A vehicle used for Delivery shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of a Delivery vehicle. g. A Delivery Employee shall, during Deliveries, carry a copy of the Non-Storefront Retailer’s current City License, the Delivery Employee’s government-issued identification, an identification badge issued by the Police Chief, and a Delivery invoice. h. While making a Delivery, a Delivery Employee shall not carry Cannabis and/or Cannabis Goods worth in excess of $3,000 at any time. This value shall be determined using the current retail price of all Cannabis and/or Cannabis Products carried by the Delivery Employee. 2. Product Regulations and Restrictions. a. A Non-Storefront Retailer shall Sell no more than 28.5 grams of non-concentrated Adult- Use Cannabis in a single day to a single customer. b. A Non-Storefront Retailer shall Sell no more than 8 grams of Adult-Use Cannabis Concentrate, including Cannabis Concentrate contained in Cannabis Products, in a single day to a single customer. c. A Non-Storefront Retailer shall Sell no more than 6 immature Cannabis plants in a single day to a single customer. d. A Non-Storefront Retailer shall not Sell edible Cannabis Products containing more than 10 milligrams of THC per serving. e. A Non-Storefront Retailers shall not Sell edible Cannabis Products containing more than 100 milligrams of THC per package. f. A Non-Storefront Retailer shall not Sell Cannabis Products that are in the shape of a human being, either realistic or caricature, animal, insect, or fruit. 2018-02-27 Agenda Packet Page 269 Ordinance Page 30 g. A Non-Storefront Retailer shall not Sell Cannabis-infused beverages or powder, gel, or other concentrate with instruction for the preparation of Cannabis-infused beverages. h. A Non-Storefront Retailer shall not provide free Cannabis or Cannabis Products to any Person. 5.19.110 Operating Requirements for Cultivators. A. Outdoor Cultivation Prohibited. Commercial Cannabis Cultivation must occur indoors. Outdoor cultivation is prohibited. B. From a public right-of-way, there should be no exterior evidence of Cultivation except for any signage authorized by this Code. C. The general public is not permitted on the Premises of a City Cultivator Licensee except for the agents, applicants, managers, and employees of the City Cultivation Licensee and any agents or employees of the City of Chula Vista. D. A Cultivator shall only be allowed to Cultivate the square feet of Canopy authorized by the Cultivator’s State License and City Cultivation License issued for the Premises. E. A Cultivator shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. State and local laws related to electricity, water usage, water quality, discharges, and similar matters; and 2. Applicable federal, state and local laws and regulations regarding use, storage, and disposal of pesticides and fertilizers. F. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. G. Cultivation shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the Commercial Cannabis Business, neighboring properties, and the end users of the Cannabis being Cultivated, to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the Cannabis being cultivated; and to safeguard against the diversion of Cannabis. H. Cultivators shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of any equipment. Said report shall be approved by the Fire Department prior to Operation. I. All applicants for a City Cultivation License shall submit the following in addition to the information generally otherwise required for a City License: 1. A Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of 2018-02-27 Agenda Packet Page 270 Ordinance Page 31 the Cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. 2. A description of a legal water source, irrigation plan, and projected water use. 3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes as adopted and amended by the City. 4. Plan for addressing odor and other public nuisances that may derive from the Cultivation Premises. 5.19.120 Operating Requirements for Manufacturers. A. From a public right-of-way, there should be no exterior evidence of Manufacturing except for any signage authorized by this Chapter. B. The general public is not permitted on the Premises of a City Manufacture Licensee except for the agents, applicants, Owners, Officers, Managers, employees, and volunteers of the City Manufacture Licensee and any agents or employees of the City of Chula Vista. C. All Manufacturing shall comply with the standards set by State Laws and regulations. D. Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Chula Vista in containers that exceeds the amount that is approved by the Fire Chief and authorized by the City Manufacture License. The Premises of a City Manufacture Licensee shall be limited to a total number of tanks as authorized by the Fire Chief on the Premises at any time. E. Manufacturers may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the Fire Chief. These solvents must be of at least ninety-nine percent purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present. F. If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. G. Certification from an engineer licensed by the State of California must be provided to the Fire Chief for a professional grade closed loop system used by any Manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to: 1. The American Society of Mechanical Engineers (ASME); 2. American National Standards Institute (ANSI); 3. Underwriters Laboratories (UL); 2018-02-27 Agenda Packet Page 271 Ordinance Page 32 4. The American Society for Testing and Materials (ASTM); or 5. Intertek ETL The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified. H. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Chief and meet any required fire, safety, and building code requirements specified in the California Building and Fire Codes, as adopted by the City. I. Manufacturers may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. J. Manufacturers may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. K. Manufacturers creating Cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. L. Any person using solvents or gases in a closed looped system to create Cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. M. Parts per million for one gram of finished extract cannot exceed State standards for any residual solvent or gas when quality assurance tested. N. Manufacturers shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of equipment. Said report shall be approved by the Fire Department prior to Operation. O. A Manufacturer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. 5.19.130 Operating Requirements for Distributors. A. From a public right-of-way, there should be no exterior evidence of Distributing except for any signage authorized by this Chapter. B. A Distributor shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. The general public is not permitted on the Premises of the City Distributor Licensee except for the agents, applicants, managers, employees, and volunteers of the City Distributor Licensee and any agents or employees of the City. 2018-02-27 Agenda Packet Page 272 Ordinance Page 33 2. A Distributor shall only procure, sell, or transport Cannabis or Cannabis Products that is packaged and sealed in tamper-evident packaging that uses a unique identifier, such as a batch and lot number or bar code, to identify and track the Cannabis or Cannabis Products. 3. A Distributor shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the Distributor to the City. 4. Individuals authorized to conduct transportation on behalf of the Cannabis Distribution licensee shall have a valid California Driver’s License. 5. Individuals transporting Cannabis or Cannabis Products on behalf of the Distributor shall maintain a physical copy of the transportation request (and/or invoice) and shall make it available upon request of agents or employees of the City requesting documentation. 6. During transportation, the individual conducting transportation on behalf of the Distributor shall maintain a copy of the City Distributor License and shall make it available upon request of agents or employees of the City requesting documentation. 7. A Distributor shall only transport Cannabis or Cannabis Products in a vehicle that is (i) insured at or above the legal requirement in California, (ii) capable of securing (locking) the Cannabis or Cannabis Products during transportation, and (iii) capable of being temperature controlled if perishable Cannabis Products are being transported. 5.19.140 Operating Requirements for Testing Laboratories. A. The general public is not permitted on the Premises of a City Testing Laboratory Licensee except for the agents, applicants, managers, and employees of the City Testing Laboratory Licensee and any agents or employees of the City. B. Testing Laboratory activity shall take place within an enclosed locked structure. C.From a public right-of-way, there should be no exterior evidence of a Testing Laboratory except for any signage authorized by this Chapter. D. A Testing Laboratory shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of any equipment. Said report shall be approved by the Fire Department prior to Operation. E. A Testing Laboratory shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. 5.19.150 Recordkeeping. A. Each City Licensee shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis at or before the time of the renewal of a City License issued pursuant to this Chapter, or at any time upon reasonable request of the City, each City Licensee shall submit to the City, in a form approved thereby, a statement, sworn as to accuracy, detailing their Commercial Cannabis Business’ revenue and number of sales during the previous twelve-month period, or shorter period based upon the timing of the request, provided on a per-month basis. 2018-02-27 Agenda Packet Page 273 Ordinance Page 34 The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. B. On an annual basis, each City Licensee shall submit to the City Manager a financial audit of the business’ operations conducted by an independent certified public accountant. Each City Licensee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager. C. Each City Licensee shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in each Commercial Cannabis Business, and separately of all the Owners, Officers, Managers, employees, agents and volunteers currently employed or otherwise engaged by the Commercial Cannabis Business. The register required by this paragraph shall be provided to the City Manager promptly upon request. D. All records collected by a City Licensee pursuant to this Chapter shall be maintained for a minimum of seven years and shall be made available by the City Licensee to the agents or employees of the City of Chula Vista upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order. E. All City Licensees shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all Cannabis and Cannabis Products for all stages of the growing, production, manufacturing, laboratory testing, and distribution processes until purchase as set forth under State Law. F. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each City Licensee shall allow City officials to have access to each Commercial Cannabis Business’s books, records, accounts, together with any other data or documents relevant to its Commercial Cannabis Activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware. 5.19.160 Security Measures. A. All City Licensees shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing Cannabis or Cannabis Products, and to deter and prevent the theft of Cannabis or Cannabis Products at the Premises of the Commercial Cannabis Business. Except as may otherwise be determined by the Police Chief, these security measures shall include, but shall not be limited to, all of the following: 1. Preventing individuals from remaining on the Premises of the Commercial Cannabis Business if they are not engaging in an activity directly related to the Operations of the Commercial Cannabis Business. 2. Establishing limited access areas accessible only to authorized Commercial Cannabis Business personnel. 2018-02-27 Agenda Packet Page 274 Ordinance Page 35 3. All Cannabis and Cannabis Products, including Live Plants, shall be kept in a secure manner so as to prevent diversion, theft, and loss. All Cannabis and Cannabis Products that are being stored must be stored in a secured and locked room, safe, or vault. All Cannabis and Cannabis Products on display for Sale shall be displayed in a secure case. 4. Installing 24-hour security surveillance cameras of at least HD-quality to monitor areas on the Premises including, but not limited to: entrances and exits to and from the Premises; all interior spaces which are open and accessible to the public; all interior spaces where Cannabis, cash or currency is being stored for any period of time on a regular basis; all areas where the purchase, Sale, Distribution, or Transfer of Cannabis or Cannabis Products take place; and all interior spaces where diversion of Cannabis could reasonably occur. The City Licensee shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Police Chief, and that it is compatible with the City’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Police Chief. Video recordings shall be maintained for a minimum of 60 days, and shall be made available to the Police Chief upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the Premises of the Commercial Cannabis Business. 5. Sensors shall be installed to detect entry and exit from all secure areas. 6. Panic buttons shall be installed in all Commercial Cannabis Businesses. 7. A professionally installed, maintained, and monitored alarm system, with the required City alarm permit under Chapter 9.06.150 of this Code. 8. Security personnel shall be on the Premises 24 hours a day or alternatively, as authorized by the Police Chief. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police chief, with such approval not to be unreasonably withheld. 9. Each Commercial Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. B. Each Commercial Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the Police Chief regarding any security related measures or and operational issues. C. As part of the application and licensing process, each Commercial Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all Cannabis, Cannabis Products, and any currency. D. Each Commercial Cannabis Business shall cooperate with the City whenever the City Manager makes a request, upon reasonable notice to the Commercial Cannabis Business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. E. A Commercial Cannabis Business shall notify the Police chief within 24 hours after discovering any of the following: 2018-02-27 Agenda Packet Page 275 Ordinance Page 36 1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Police chief. 2. Diversion, theft, loss, or any criminal activity involving the Commercial Cannabis Business or any Owner, Officer, Manager, agent, or employee of the Commercial Cannabis Business. 3. The loss or unauthorized alteration of records related to Cannabis, registering qualifying patients, primary caregivers, or employees or agents of the Commercial Cannabis Business. 4. Any other breach of security. 5.19.170 Community Relations. A. Each Commercial Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Commercial Cannabis Business can be provided in addition to applicable City and State enforcement divisions. Each Commercial Cannabis Business shall also provide the above information to all businesses located within one hundred (100) feet of the Premises of the Commercial Cannabis Business and to all residences located within three hundred (300) feet of the Premises of the Commercial Cannabis Business. B. During the first year of Operation pursuant to this Chapter, the Owner, Manager, and community relations contact from each Commercial Cannabis Business shall attend a quarterly meeting with the City Manager and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of Operation, the Owner, Manager, and community relations contact from each such Commercial Cannabis Business shall meet with the City Manager when and as requested by the City Manager. 5.19.180 Promulgation of Regulations, Standards, and Other Legal Duties. A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this Chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of City Licenses; the City’s oversight of the ongoing operation of Commercial Cannabis Businesses; and any other subject determined to be necessary to carry out the purposes of this Chapter. B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. C. Regulations promulgated by the City Council or the City Manager shall become effective and enforceable upon date of publication on the City’s website or with respect to existing City Licensees, upon the date specified in a written notice to the City Licensee. 5.19.190 Compliance With All Applicable Laws Required. A. Nothing in this Chapter shall be construed as authorizing or condoning any actions that violate federal, state or local law with respect to the operation of a Commercial Cannabis Business. B. It shall be the responsibility of the City Licensees, Owners, Officers, and Managers of a Commercial Cannabis Business to ensure that a Commercial Cannabis Business is, at all times, 2018-02-27 Agenda Packet Page 276 Ordinance Page 37 operating in a manner compliant with all applicable federal, state, and local laws and regulations, including any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a State License or a City License. C. Except as otherwise specifically provided herein, this Chapter incorporates the requirements and procedures set forth in State Laws. In the event of a conflict between the provisions of this Chapter and the provisions of State Laws or any other applicable state or local law, the more restrictive provision shall control. To the extent allowed by State Law, the City shall have the right, but not the obligation, to enforce all applicable State Laws. 5.19.200 Right of Access & Testing. A. City officials, employees, and their designees authorized to enforce the provisions of the Code shall have full access to the Premises and records of every Commercial Cannabis Business in order to: 1. Inspect the Premises for compliance with the Code and State Laws. 2. Test any equipment possessed by, in control of, or used by a City Licensee, Owner, Officer, or Manager, and any other employee, agent, or volunteer of a City Licensee. 3. Test any Cannabis or Cannabis Product possessed by, in control of, or used by a City Licensee, Owner, Officer or Manager, and any other employee, agent, or volunteer of a City Licensee. 4. Copy any materials, books, or records of any City Licensee, Owner, Officer, or Manager, and any other employee, agent, or volunteer of a City Licensee. B. Failure by any City Licensee, Owner, Officer or Manager to cooperate and participate in any City inspection or investigation under this section shall itself be a violation of this Chapter. C. City officials, employees, and their designees authorized to enforce the provisions of the Code shall have rights of access under subsection (A) during any inspection, investigation, review, audit, or as otherwise allowed by law. D. Prior notice of an inspection, investigation, review, or audit is not required. E. Any inspection, investigation, review, or audit of a City Licensed Premises shall be conducted anytime the City Licensee is exercising privileges under the City License, or as otherwise agreed to by the City or its Manager. F. This subsection shall not be construed to deprive a City Licensee, Owner, Officer, or Manager, or any other employee, agent, or volunteer of a City Licensee of any privileged guaranteed by the Constitutions of the United States and/or the State of California, or any other statutory privileges. 5.19.210 Restrictions on Transfer, Change, or Alteration of City License or City Licensee. A. A City License is valid only as to the City Licensee. No City Licensee is allowed to sell, transfer, pledge, assign, grant an option, or otherwise dispose of (“Transfer”) its City License to any Person except pursuant to the terms of this section. Except as permitted, any such Transfer 2018-02-27 Agenda Packet Page 277 Ordinance Page 38 or attempted Transfer shall be deemed to constitute a voluntary surrender of the City License and such City License shall thereafter be null and void, except as set forth in this Chapter. B. A City Licensee may Transfer less than 50% ownership or control of a City License with prior written approval of the City Manager after submission of all required application materials, payment of applicable fees as set by resolution of City Council, and a determination that the applicants meet the requirements of this Chapter such as to be entitled to the issuance of an original City License. C. A City Licensee may change the form of business entity without applying to the City Manager for a new City License, if the ownership of the new business entity is the same as the original City Licensee business entity. Although a new City License is not required, the City Licensee shall notify the City in writing of the change within 30 days of the change, and obtain an amendment to the original City License after paying the applicable fee set by resolution of the City Council. D. A City Licensee may change the name of the business entity without applying to the City Manager for a new City License. Although a new City License is not required, the City Licensee shall notify the City in writing of the change at least 30 days prior to the change, and obtain an amendment to the original City License after paying the applicable fee set by resolution of the City Council. E. No City Licensee shall be allowed to Transfer all or any portion of its City License prior to twelve (12) months after the City Licensee has opened and continuously operated its Commercial Cannabis Business authorized thereunder. F. No City Licensee shall operate, conduct, manage, engage in, or carry on the business of a Commercial Cannabis Business under any name other than the name of the Commercial Cannabis Business specified in the City License. G. No City Licensee may avail themselves of the provisions of this Section if the City Manager has notified the City Licensee that the City License has been or may be suspended, revoked, or not renewed. H. For purposes of this section, the Transfer of all or any portion of a licensed Commercial Cannabis Business shall constitute the Transfer of the underlying City License. I. Failure to comply with this section constitutes grounds for suspension or revocation of a City License. 5.19.220 Restrictions on Transfer, Change, or Alteration of Location. A. A City License issued under this Chapter is valid only as to the Premises approved in accordance with the City License, and is therefore nontransferable to other locations except as authorized in this section. No City Licensee is authorized to relocate to other areas or units within a building structure without first obtaining written approval from the City Manager, regardless of any possessory interest or right to possession to such additional space. B. No City Licensee shall change the location of the Premises approved in accordance with the City License until any such change of location is approved by the City Manager or his/her 2018-02-27 Agenda Packet Page 278 Ordinance Page 39 designee. The City Manager shall adopt a process (to include any necessary forms and procedures) for Premises relocation that includes, but is not limited to, the following: 1. The City Licensee shall submit a change of location application to the City at least 90 days prior to the proposed change. 2. The proposed location shall meet all of the requirements under this Code, including but not limited to this Chapter and Title 19. 3. The proposed location shall be reviewed and evaluated using review criteria as referenced in Section 5.19.060. 4. The relocation of a City Licensee’s Premises shall be subject to the prior review and approval by the Development Services Director and any and all other licenses, approvals, or permits required under State Law and the Code. C. All required state and City approvals, plan approvals, permits, and licenses must be obtained before causing, allowing, or licensing alterations to, and/or extensions or expansions of, the existing Premises building(s), structure(s), or portions thereof, approved as a location for a Commercial Cannabis Business. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy. 5.19.230 Expiration of City License. A City License issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. City Licenses may be renewed as provided in Section 5.19.240. 5.19.240 Renewal of City License. A. An application for renewal of a City License shall be filed with the City Manager’s office at least 60 calendar days prior to the expiration date of the current City License. B. Any City Licensee submitting an application less than 60 days before its expiration shall be required to pay a late renewal application fee, as established by resolution of the City Council. Any renewal application filed less than 30 business days before its expiration may be rejected by the City on that basis alone. C. The renewal application shall be submitted on a form issued or approved by the City. D. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs incurred by the City to administer the program created under this Chapter. E. An application for renewal of a City License may be denied if any of the following grounds exists: 1. Any of the grounds for suspension or revocation under section 5.19.260; 2. The City License has been suspended or revoked at the time of the application. 3. The Commercial Cannabis Business has not been in regular and continuous operation in the four months prior to the renewal application. 2018-02-27 Agenda Packet Page 279 Ordinance Page 40 4. The City Licensee fails to or is unable to renew its State License. 5. The City Licensee has made a false, misleading or fraudulent statement or omission of fact as to any information provided to City pursuant to this Chapter. F. The City Manager is authorized to make all decisions concerning the issuance of a renewal license. In making the decision, the City Manager is authorized to impose additional conditions on a renewal license, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety or welfare. G. The City Manager shall serve the City Licensee, either personally or by first class mail addressed to the address listed on the renewal application, with dated written notice of the City Manager’s decision to approve or deny the renewal, and the right of the City Licensee to seek judicial review of the City Manager’s decision. H. If a City Licensee submits the required renewal application, but a written approval from the City has not been received prior to the expiration of the subject City License, such license shall be deemed conditionally renewed until service of the City Manager’s written renewal decision. I. If a renewal application is denied, the City License shall no longer be effective and all related Commercial Cannabis Activity must cease immediately. A Person denied a renewal may file a new application pursuant to this Chapter no sooner than one year from the date of the rejection. 5.19.250 Effect of State License Suspension, Revocation, or Termination. A. Suspension of a State License shall immediately suspend the ability of a Commercial Cannabis Business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State License. B. Should the State, or any of its departments or divisions, revoke or terminate a State License, such revocation or termination shall also revoke or terminate the City License and City Licensee’s ability to operate a Commercial Cannabis Business within the City. 5.19.260 Suspension and Revocation of City License. The following may constitute grounds for suspension or revocation of a City License: A. Failure of a City Licensee to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions) including any rule, regulation, condition or standard adopted pursuant to this Chapter, or any term or condition imposed on the City License, or any provision of local or State Laws and/or regulations. Any act or omission of any Owner, Officer, Manager, or employee of a City Licensee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the City Licensee for purposes of determining whether the City License shall be suspended and/or revoked. B. Any change in the ownership of a City Licensee that does not have City’s prior written approval, if required under this Chapter. C. Revocation of a City Licensee’s State License. D. City is denied access to the Premises or records of a City Licensee. 2018-02-27 Agenda Packet Page 280 Ordinance Page 41 E. The City Licensee, or any of its Owners, Officers, or Managers has been adversely sanctioned or fined for, charged with, or found guilty of or plead guilty or no contest to a charge of operating a Commercial Cannabis Business without the necessary licenses and approvals from the applicable state and/or local jurisdictions. F. Conviction of a City Licensee, Owner, Officer, or Manager for any felony offense. G. Any City Licensee, Owner, Officer or Manager is charged with any of the following: 1. A violent felony, as specified in Section 667.5(c) of the Penal Code. 2. A serious felony, as specified in Section 1192.7(c) of the Penal Code. 3. A felony involving fraud, deceit, or embezzlement. 4. A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. 5. A felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code. 6. A felony or misdemeanor involving the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016. If the City Manager determines that a ground for suspension and/or revocation of a City License exists, the City Manager shall give notice of suspension and/or revocation by dated written notice to the City Licensee. The City Manager shall cause the City Licensee to be served, either personally or by first class mail addressed to the address listed on the application, with the written notice suspending or revoking the City License. This notice shall state the reasons for the action, the effective date of the decision, and the right of the City Licensee to appeal the decision. 5.19.270 Advertising and Marketing of Cannabis. A. It is illegal to Market or Advertise within the City Cannabis or Cannabis Products that are not permitted to be sold in the City under State Law or this Chapter. B. Advertising or Marketing is prohibited in the City on any sign located within 1,000 feet of a Day Care Center; school providing instruction in kindergarten or any grades 1 through 12; Youth Center; Youth-Oriented Facility; or Private or Public Park. C. Advertising or Marketing is prohibited in the City on any sign within 1,000 feet of a Treatment Center. D. Advertising or Marketing in the City shall not contain a depiction of an individual under 21 years of age consuming Cannabis or Cannabis Products. E. Advertising or Marketing in the City shall not be Attractive to Youth. 2018-02-27 Agenda Packet Page 281 Ordinance Page 42 F. Advertising or Marketing in the City in a manner that is false or untrue or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression, is prohibited. G. Advertisements or Marketing in the City shall not contain any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof. 5.19.280 Enforcement and Penalties. A. It is unlawful to: 1. Operate, conduct, or direct Commercial Cannabis Activity in the City without a valid City License authorizing such Activity; 2. Own, set up, operate, or maintain a Commercial Cannabis Business in the City without a valid City License; 3. Participate as an employee, contractor, agent, volunteer, or in any other capacity in a Commercial Cannabis Business in the City without a valid City License; 3. Use any parcel or any portion of parcel of land as a Commercial Cannabis Business without a valid City License; 4. Lease, rent to, or otherwise allow a Commercial Cannabis Business to occupy any parcel or portion of parcel of land in the City without a valid City License. B. It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements, of this Chapter or any regulation adopted hereunder. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. C. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this Chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $10,000 for each and every offense. D. Whenever in this Chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. E. The remedies specified in this Section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. 2018-02-27 Agenda Packet Page 282 Ordinance Page 43 F. Nothing in this Section shall be construed as requiring the City to allow, permit, license, authorize, or otherwise regulate Commercial Cannabis Activity, or as abridging the City’s police power with respect to enforcement regarding Commercial Cannabis Activity. 5.19.290 Effectiveness Conditioned on Passage of Tax Measure. The effectiveness of the ordinance enacting this Chapter is contingent upon voter approval and the continuous legal validity of a tax measure anticipated to be submitted to voters in November 2018. The tax measure would impose an excise tax, in an amount and form yet to be determined, on all Commercial Cannabis Businesses. In the event the proposed tax measure is not approved by the voters, or is suspended or invalidated for any reason, the provisions of this ordinance permitting Commercial Cannabis Businesses shall be void without any further action required by the City. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Notwithstanding the foregoing, the City Council reserves the right to modify or repeal this Ordinance, in its sole discretion, if all or any portion of it is invalidated on its face or as applied. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Gary Halbert Glen R. Googins City Manager City Attorney 2018-02-27 Agenda Packet Page 283 J:\Attorney\MEGANM\MEGANM Docs\MM Policy\Commerical Marijuana Ordinance\Chapter 5.19\2.22.18 Draft Cannabis Ordinance.docxC:\Users\meganm\ND Office Echo\VAULT-CUZNZK84\FINAL FINAL FINAL FINAL Ordinance for Adoption of CVMC 5.19 (copy) 4831-3894-7164 v.1.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.19 OF THE CHULA VISTA MUNICIPAL CODE TO REGULATE COMMERCIAL CANNABIS WHEREAS, the Adult Use of Marijuana Act (AUMA), adopted by the voters of the State of California in November 2016, decriminalized non-medicinal cannabis and established a regulatory system for non-medicinal cannabis businesses in California; and WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California State Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non- medicinal cannabis activity throughout the State of California; and WHEREAS, under California Business and Professions Code section 26200(a)(1), local jurisdictions are authorized to either permit and regulate or prohibit the operation of cannabis businesses within their boundaries; and WHEREAS, the California Attorney General’s 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (“Guidelines”) recognizes that the concentration of cannabis in any location or premises without adequate security increases the risk that nearby homes or businesses may be impacted negatively by nuisance activity or more significant levels of crime; and WHEREAS, the City of Chula Vista has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses within its corporate boundaries; and WHEREAS, unregulated businesses remain a source of danger and disruption for City residents and businesses; and WHEREAS, in response to changes in California law, and in an effort to mitigate the negative impacts brought by unregulated cannabis businesses, the City now desires to permit, license, and fully regulate commercial cannabis activity in the City; and WHEREAS, California voters have recognized the danger of cannabis use among youth by making the sale of cannabis to those under age 21 illegal (Cal. Bus. & Prof. Code § 26140(a)(1)-(3)) and by prohibiting the possession of cannabis or cannabis products by minors (Cal. Health & Safety Code §11357); and WHEREAS, youth exposure to advertising of products such as alcohol, tobacco, and food has been shown to create positive attitudes, brand identification, and increased likelihood of initiation and use of these products; and 2018-02-27 Agenda Packet Page 284 Ordinance Page 2 WHEREAS, the City of Chula Vista has a substantial interest in promoting compliance with state and local laws intended to regulate cannabis sales and use; in discouraging the illegal purchase of cannabis products by youth; in promoting compliance with laws prohibiting sales of cannabis and cannabis products to youth; and in protecting youth from being coerced and enticed into engaging in illegal activity; and WHEREAS, pursuant to its police powers, including but not limited to California Constitution Article XI, Section 5(b) authority over municipal affairs, the City of Chula Vista has general authority over the public health, safety, and welfare of its citizens; and WHEREAS, it is the intent of the City Council to adopt a comprehensive set of requirements, restrictions, and robust enforcement procedures with regard to cannabis activity within the City in order to protect public safety, health, and other law enforcement interests. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Environmental Findings The City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: 1. The Ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, there is no possibility that this Ordinance would create cumulative impacts that are significant because this Ordinance does not authorize a total number of businesses in the City than would otherwise be authorized; there are no other significant impacts that could occur as a result of this ordinance, and there are no unusual circumstances that would cause any such significant impacts; 2. The Ordinance is also exempt under Section 15183 (Projects Consistent with a Community Plan or Zoning) since the types of businesses permitted by the Ordinance are consistent with those contemplated by general plan and zoning; 3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (Existing Facilities) since permitted cannabis business under the Ordinance may locate in existing facilities, and any additions to structures would be expected to be also exempt under 15301; and 4. The Ordinance is exempt under Section 15303 (New Construction or Conversion of Small Structures). The businesses will be established in an urban area, and given the build out of the existing City, and sufficient existing leasable property, the amount of construction that would occur is minimal to non-existent, and any such construction would be less than the thresholds established in Section 15303. Section II. Chapter 5.19 is added to the Chula Vista Municipal Code to read as follows: 2018-02-27 Agenda Packet Page 285 Ordinance Page 3 Chapter 5.19 COMMERCIAL CANNABIS Sections: 5.19.010 Purpose. 5.19.020 Definitions. 5.19.030 City License Required. 5.19.040 Maximum Number and Type of Authorized City Licenses. 5.19.050 City License Application Process. 5.19.060 Location Requirements for Cannabis Businesses. 5.19.070 Limitations on City’s Liability. 5.19.080 Operating and Conduct Requirements for All Licensees and Individuals. 5.19.090 Operating Requirements for Storefront Retailers. 5.19.100 Operating Requirements for Non-Storefront Retailers. 5.19.110 Operating Requirements for Cultivators. 5.19.120 Operating Requirements for Manufacturers. 5.19.130 Operating Requirements for Distributors. 5.19.140 Operating Requirements for Testing Laboratories. 5.19.150 Recordkeeping. 5.19.160 Security Measures. 5.19.170 Community Relations. 5.19.180 Promulgation of Regulations, Standards, and Other Legal Duties. 5.19.190 Compliance With Laws. 5.19.200 Right of Access & Testing. 5.19.210 Restrictions on Transfer, Change, or Alteration of City License or City Licensee. 5.19.220 Restrictions on Transfer, Change, or Alteration of Location. 5.19.230 Expiration of City License. 5.19.240 Renewal of City License. 5.19.250 Effect of State License Suspension, Revocation, or Termination. 5.19.260 Suspension or Revocation of City License. 5.19.270 Advertising and Marketing of Cannabis. 5.19.280 Enforcement and Penalties. 5.19.290 Effectiveness Conditioned on Passage of Tax Measure. 5.19.010 Purpose The Adult Use of Marijuana Act (AUMA), adopted by the voters of the State of California in November 2016, decriminalized non-medicinal cannabis and established a regulatory system for non-medicinal cannabis businesses in California. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California Legislature in June 2017, established a comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal cannabis activity throughout the State of California. Under California law, 2018-02-27 Agenda Packet Page 286 Ordinance Page 4 local jurisdictions are authorized to either permit or prohibit the operation of cannabis businesses within their boundaries. The City has experienced the negative impacts and secondary effects associated with the operation of unlawful cannabis businesses within its corporate boundaries. Unregulated businesses remain a source of danger and disruption for City residents and businesses. In response to changes in California law, and in an effort to mitigate the negative impacts brought by unregulated Commercial Cannabis Activity, the City now desires to permit, license, and fully regulate Commercial Cannabis Activities within the City. 5.19.020 Definitions. When used in this Chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any references to State Laws, including references to any California statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this Chapter. “A-License” means a State License for Commercial Cannabis Activity related to products for individuals 21 years of age and over without the need for a physician’s recommendation. “A-Licensee” means a Person holding an “A-License.” “Adult-Use Cannabis” or “Adult-Use Cannabis Product” means Cannabis or Cannabis Products for individuals 21 years of age and over without the need for a physician’s recommendation. “Advertise” means to publish or disseminate an Advertisement. “Advertisement” means any written or verbal statement, illustration, or depiction which is calculated to induce sales of Cannabis or Cannabis Products, including without limitation: any written, printed, graphic, or other material; billboard, sign, or other outdoor, digital, indoor or point-of-sale display; individual carrying a display; public transit card, other periodical, literature or publication, or in any similar media; except that such term shall not include: A. Any label affixed to any Cannabis or Cannabis Products, or any individual covering, carton, or other wrapper of such container that constitutes a part of the labeling. B. Any editorial story, or other information (e.g., news release) in any periodical, publication or newspaper either in print or electronic format, for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any City Licensee or Person engaged in Commercial Cannabis Activity, and which is not written by or at the direction of a City Licensee or Person engaged in Commercial Cannabis Activity. “Applicant” means the Owner or Owners applying for a City License pursuant to this Chapter. “Attractive to Youth” means products, packaging, labeling, or Advertisements that are reasonably likely to encourage individuals under age 21 to initiate cannabis consumption or 2018-02-27 Agenda Packet Page 287 Ordinance Page 5 otherwise to accidentally or purposely consume Cannabis or Cannabis Products. Attractive to Youth items include: A. Products that resemble a non-Cannabis consumer product of a type that is typically consumed by, or marketed to Youth, such as a specific candy or baked treat. B. Packaging or labeling that resembles packaging or labeling of a non-Cannabis consumer product of a type that is typically consumed by or marketed to Youth. C. Packaging or labeling that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to Youth. D. Advertising that mimics Advertising of a non-cannabis consumer product of a type that is typically consumed by, or marketed to Youth. E. Advertising that contains images, characters, or phrases that closely resemble images, characters, or phrases popularly used to advertise to Youth. “Cannabis” means all parts of the 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. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, “Cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code. “Cannabis Concentrate” means Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. Cannabis Concentrate does not include any product intended for oral ingestion by the final consumer. A Cannabis Concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. “Cannabis Product” means Cannabis that has undergone a process whereby the plant material has been concentrated and, with or without the addition of ingredients, been transformed into a product for sale. Cannabis products include but are not limited to: Cannabis Concentrate, Edible Cannabis Products, Topical Cannabis, or an inhalant containing Cannabis or Cannabis Product. “Canopy” means the designated area(s) at a City Licensed Premises, except nurseries, that contain growing or mature Cannabis plants at any point in time. The Canopy for each Premises shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain growing or mature plants at any point in time, including any and all space(s) within such boundaries. The Canopy for any Premises may be noncontiguous provided that each unique area included in the total Canopy calculation for any Premises shall be separated by an identifiable boundary. Identifiable boundaries may include, but are not limited to: interior walls, 2018-02-27 Agenda Packet Page 288 Ordinance Page 6 shelves, greenhouse walls, hoop house walls, or fencing. If plants are being cultivated using a shelving system, the surface of each level shall be included in the total Canopy calculation. “Caregiver or Primary Caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. “City” means the City of Chula Vista, California. “City Attorney” means the City Attorney of the City of Chula Vista, or his/her designee. “City License” means the regulatory license issued by the City pursuant to this Chapter to a Commercial Cannabis Business that must be obtained prior to the commencement of any Commercial Cannabis Activity in the City. “City Licensee” means any Person holding a City License. “City Manager” means the City Manager of the City of Chula Vista, or his/her designee. “Code” means The City of Chula Vista Municipal Code. “Commercial Cannabis Activity” means the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of Cannabis or Cannabis Products. “Commercial Cannabis Business” or “Cannabis Business” means any Person lawfully engaged in a Commercial Cannabis Activity. “Council District” means any of four political subdivisions within the City by which City Council members are elected. “Crime of Moral Turpitude” means a crime involving deceit; fraud; a readiness to do evil; or an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in the perpetrator’s honesty. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis, other than for personal use. A City License is required for the Cultivation of Cannabis pursuant to 5.19.030. “Cultivator” means a Person engaged in Cultivation. “Customer” means an individual 21 years of age or over, or an individual 18 years of age or older who possesses a physician’s recommendation. “Day Care Center” has the same meaning as in Section 1596.76 of the California Health and Safety Code. “Delivery” means the commercial transfer of Cannabis or Cannabis Products from a Non- Storefront Retailer Premises to a Customer at a physical address. Delivery also includes the use by a Non-Storefront Retailer of any technology platform to facilitate Delivery. “Delivery Employee” means an employee of a Non-Storefront Retailer who conducts Deliveries. 2018-02-27 Agenda Packet Page 289 Ordinance Page 7 “Development Services Director” means the Director of the City’s Development Services Department, or his/her designee. “Distribution” means the procurement, sale, and transport of Cannabis and Cannabis Products between Commercial Cannabis Businesses. A City License is required for Distribution pursuant to 5.19.030. “Distributor” means a Person engaged in Distribution. “Edible Cannabis Product” means a Cannabis Product that is intended to be used, in whole or in part, for human consumption, including, but not limited to chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. Edible Cannabis Product has the same meaning as California Business and Professions Code section 26001. “Existing Residential Use” means a residential Pipeline Project or lawfully constructed structure or project intended for residential use within a Residential Zone. “Finance Director” means the Director of the Chula Vista Finance Department, or his/her designee. “Fire Chief” means the Chief of the Chula Vista Fire Department, or his/ her designee. “Labor Peace Agreement” means an agreement between a licensee and any bona fide labor organization that is required by State Laws and this chapter and that, at a minimum, protects public interests with the following provisions: (1) a prohibition on labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a City Licensee’s Cannabis Business; (2) an agreement by the City Licensee not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the City Licensee’s employees; access for a bona fide labor organization at reasonable times to areas in which the City Licensee’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization. “Licensee” means any Person holding a State License and a City License. “Liquid Assets” means assets that can be readily converted into cash. Liquid Assets include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. Liquid Assets does not mean household items, furniture and equipment, vehicles, Cannabis plants or products, business inventory, or real property and improvements thereto. “Live Plants” means living Cannabis flowers and plants including seeds, immature plants, and vegetative stage plants. “M-License” means a State License for Commercial Cannabis Activity involving Medicinal Cannabis. “M-Licensee” means a Person holding an M-License. 2018-02-27 Agenda Packet Page 290 Ordinance Page 8 “Manager” means any individual Person(s) designated by a Commercial Cannabis Business to manage day-to-day operations of the Commercial Cannabis Business or any Person acting with apparent management authority. Evidence of management authority includes, but is not limited to, evidence that the Person has the power to direct, supervise, or hire and dismiss employees, control hours of operation, create policy rules, or purchase supplies. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a Cannabis Product. A City License to Manufacture is required pursuant to 5.19.030. “Manufacturer” means a Person engaged in Manufacturing. “Marketing” means any act or process of promoting or selling Cannabis or Cannabis Products, including, but not limited to, sponsorship of events, offers such as tickets to events, point-of-sale advertising, branded merchandise, pamphlets or product promotion materials. “Medicinal Cannabis” or “Medicinal Cannabis Product” means Cannabis or a Cannabis Product for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Minor” means an individual under 18 years of age. “Non-Storefront Retailer” means a Person that offers Cannabis, Cannabis Products, or devices for the use of Cannabis or Cannabis Products, either individually or in any combination, for retail Sale to Customers exclusively by Delivery. A City License is required to operate a Non- Storefront Retailer Business pursuant to 5.19.030.. “Officer” means any of the following: A. The chief executive officer of an entity engaged in a Commercial Cannabis Business. B. A member of the board of directors of an entity engaged in a Commercial Cannabis Business. C. A Person participating in the direction or control of an Applicant for a City License or any Owner of a Commercial Cannabis Business within the City. “Owner” means any of the following: A. In the context of a Commercial Cannabis Business, a Person with an aggregate ownership interest, direct or indirect, of ten percent (10%) or more in a Commercial Cannabis Business, whether a partner, shareholder, member, or the like, including any security, lien, or encumbrance in an ownership interest that, upon default, could become an ownership interest of 10% or more in a Commercial Cannabis Business. B. In the context of a Premises, a Person with an aggregate ownership or long-term lease interest, direct or indirect, of ten percent (10%) or more in the Premises, whether as a partner, shareholder, member, joint tenant or the like. 2018-02-27 Agenda Packet Page 291 Ordinance Page 9 “Operation” means any act for which licensure is required under the provisions of this Chapter or State Laws, or any commercial transfer of Cannabis or Cannabis Product. “Patient or Qualified Patient” means a person who is entitled to the protections of California Health & Safety Code Section 11362.5 as further provided in California Health & Safety Code Section 11362.7. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of persons acting as a unit. “Pipeline Project” means a proposed use or project for which the City has received all required applications, and required supporting information and documents, and which has been entered into the City’s project tracking system. “Police Chief” means the Chief of the Chula Vista Police Department, or his/her designee. “Premises” for Commercial Cannabis Activity means the designated structure or or structures and land, or portions thereof, specified in an application for a City License or, if a City License is issued, that is owned, leased, or otherwise held under the control of the City Licensee, and is designated as the structure or structures and land, or portions thereof where the Commercial Cannabis Activity will be or is conducted. “Private Parks” means privately owned outdoor premises, available for community use, containing recreational areas or playground equipment, including tot-lots, swings, or similar equipment, designed for use by Minors. Where a Private Park is located within a parcel containing other uses, the Private Park premises shall be defined as the area within which all recreational areas or playground equipment designed for use by Minors is contained. “Public Parks” means outdoor premises containing existing or proposed parks, including community parks, neighborhood parks, mini-parks, and urban parks that are currently or proposed to be owned or operated by the City or other governmental agency. “Public Street” is any public right-of-way designated for vehicular use. “Purchaser” means the Customer who is engaged in a transaction with a Commercial Cannabis Business for purposes of obtaining Cannabis or Cannabis Products. “Residential Zone” means an R-1, R-2, or R-3 zone, or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan, in each case within which residential uses are allowed by right and commercial uses are allowed only as accessory uses. “Sell” and “Sale” mean any transaction whereby, for any consideration, title to Cannabis or Cannabis Products is transferred from one person to another, and includes the Delivery of Cannabis or Cannabis Products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same. “State” means the State of California. 2018-02-27 Agenda Packet Page 292 Ordinance Page 10 “State Laws” means the laws of the State of California, which includes, but are not limited to, California Health and Safety Code Sections 11000, et seq.; California Health and Safety Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7, et seq.(Medical Marijuana Program); California Health and Safety Code Sections 26000, et seq.(Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all State regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California. “State License” means a license issued by the State of California, or one of its departments or divisions, under State Laws to engage in Commercial Cannabis Activity. License includes both an “A-license” (adult use) and an “M-license” (medicinal use), as defined by States Laws, as well as a testing laboratory license. “State Licensee” means any Person holding a State License. “Storefront Retailer” means a Person that offers Cannabis, Cannabis Products, or devices for the use thereof, either individually or in any combination, for retail sale to Customers exclusively at Premises providing access to the public. A City License is required to operate a Storefront Retailer Business pursuant to 5.19.030. “Testing Laboratory” means a laboratory, facility, or entity in the State that offers or performs tests of Cannabis or Cannabis Products and that is both of the following: A. Accredited by an accrediting body that is independent from all other persons involved in Commercial Cannabis Activity in the State; and B. Licensed by the State. A City License is required to operate a Testing Laboratory pursuant to 5.19.030. “Testor” means a Licensee that offers or performs tests of Cannabis or Cannabis Products at a Testing Laboratory. “Topical Cannabis” means a product intended for external application and/or absorption through the skin. A Topical Cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. “Transport” means transfer of Cannabis or Cannabis Products from the Premises of one Licensee to the Premises of another Licensee, for the purposes of conducting Commercial Cannabis Activity authorized by State Laws and this Chapter. “Treatment Center” means a medical treatment or counseling facility licensed by the California Department of Health Care Services and located outside of a residential zone that treats five or more persons with substance abuse conditions in one calendar year. 2018-02-27 Agenda Packet Page 293 Ordinance Page 11 “Youth” means an individual under 21 years of age. “Youth Center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. “Youth-Oriented Business” means any for-profit or non-profit business where the majority of individuals who patronize, congregate, or assemble at the business location are less than 21 years old. 5.19.030 City License Required. A. No Person may engage in any Commercial Cannabis Business and/or in any Commercial Cannabis Activity within the City unless that Person: (1) has a valid State License authorizing such business or activity; (2) has a valid City License authorizing such business or activity; and (3) is currently in compliance with all other applicable state and local laws and regulations pertaining to such business or activity. No City License will be available for issuance until, at the earliest, January 1, 2019. Except as expressly authorized in this Chapter, all Commercial Cannabis Businesses and Commercial Cannabis Activities are prohibited within the City. B. Notwithstanding the foregoing, the Delivery of Cannabis or Cannabis Product originating from a Commercial Cannabis Business licensed in accordance with California Business and Professions Code section 26050(a)(17) is permitted without a City License, so long as the Delivery originates from a licensed Commercial Cannabis Business outside the City of Chula Vista, and is conducted in accordance with all codified and administrative state and local laws and regulations, including but not limited to the requirements of section 5.19.100.(C) below. 5.19.040 Maximum Number and Types of Authorized City Licenses. Commencing January 1, 2019, the authorized number of City Licenses for each type of Commercial Cannabis Business available for issuance within the City shall beis as follows: A. Storefront and Non-Storefront Retailer Licenses: Twelve (12) total, with no more than three (3) City Licenses available for Operation within each Council District. Of the three (3) City Licenses available for Operation within each Council District, no more than two (2) City Licenses shall be available for Storefront Retailers. B. Other License Types: The City is also authorized to issue, without numerical limit, City Licenses for the following Commercial Cannabis Businesses: 1. Manufacturer; 2. Distributor; 3. Testing Laboratory; and 4. Indoor Cultivator. C. Storefront Retailer City Licenses shall be limited to A-Licensees only. All other City License types may be available to A-Licensees and M-Licensees. 2018-02-27 Agenda Packet Page 294 Ordinance Page 12 D. No City License shall issue for any Commercial Cannabis Business type other than those identified in subsections (A) through (C) above. E. The City shall take no action to increase the maximum number of authorized Storefront Retail Licenses until July 1, 2020. After July 1, 2020, the City Council may consider increasing the maximum number of authorized Storefront Retail Licenses, but only after receiving and considering a report from the City Manager regarding any observed or projected adverse impacts on the community from such businesses. F. The City Council may make a referral to the City Manager at any time for a recommendation on if and how the City should decrease the total number of City Licenses for any or all types of Commercial Cannabis Businesses, or to impose a cap on previously uncapped license types. If the City Council proceeds with a decrease in the total number of City Licenses for any or all types of Commercial Cannabis Businesses within the City, any such action shall include provisions for determining which, if any, existing City Licenses shall be eliminated and when Operations for eliminated City Licenses shall cease. 5.19.050 City License Application Process. The following procedures shall govern the application process for the issuance of any City License under this Chapter. A. Phase One Application Process 1. Application Requirements. Any Applicant seeking to obtain a City License to operate a Commercial Cannabis Business within the City shall submit a Phase One Application to the City, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase One Application must contain the following: a. Applicant’s name, address, telephone number, and e-mail address; b. Names and addresses of all Owners, Officers, and Managers. c. If any Applicant or Owner is a business entity or any other form of entity, the entity’s legal status, formation documents, and proof of registration with, or a certificate of good standing from, the California Secretary of State, as applicable. d. The type of City License the Applicant is seeking. e. A description of any and all Commercial Cannabis Activity engaged in as an owner, manager, lender, employee, volunteer, or agent by the Applicant and all Owners, Officers, and Managers over the previous 5 years, including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity. An Applicant for a Storefront Retailer, Non-Storefront Retailer, Manufacturer, or Cultivator City License must demonstrate one each of the following: i. That at least one Owner and one Manager shall each havehas engaged had managerial oversight or been directly engaged in the day-to-day operation of a Commercial Cannabis Business forin a minimum of twelve (12) consecutive months of lawful Commercial Cannabis Activity, within the previous 5 years, in a jurisdiction permitting such Commercial Cannabis 2018-02-27 Agenda Packet Page 295 Ordinance Page 13 Activity. The 12 consecutive months of lawful Commercial Cannabis Activity demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; orand ii. That at least one Owner and one Manager shall each havehas one of the following types of experience: (A) a minimum of twelve (12) consecutive months as an Owner of a Commercial Cannabis Business, within the previous 5 years, in a jurisdiction permitting such Commercial Cannabis Activity. The 12 consecutive months of lawful Commercial Cannabis Business ownership demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; or (B) a minimum of thirty-six (36) consecutive months of experienceas an owner with an aggregate ownership of 30% or more managing or operatingin a lawful alcohol or pharmaceutical business licensed and regulated by a state or the federal government. The 36 months of experience demonstrated must be of a type substantially similar to that allowed by the City License for which the applicant is applying; or (C) a minimum of thirty-six (36) consecutive months as an owner with an aggregate ownership interest of 30% or more in a lawful, properly licensed business with an average of ten (10) or more employees located within the City, thereby demonstrating a record of experience, familiarity and compliance with City rules and regulations.. f. Documentation demonstrating a minimum of $300250,000 in Liquid Assets available under the Applicant’s control. g. A business plan that contains, at a minimum, the following: a defined scope of planning and capital improvements; estimated revenues and expenses; and a demonstrated ability to operate in a highly regulated industry. h. An operating plan that contains, at a minimum, the following: provisions for adequate staffing, security, employee training, consumer education, and compliance with State and local laws and regulations. i. Submission by each individual Applicant, Owner, Officer, and Manager of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If the Applicant or any Owner or Manager is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. j. A statement, under penalty of perjury, by each individual Applicant, Owner, Officer, and Manager, that all information provided thereby is true and correct and that he/she has not conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in violation of any state or local lawthe City or any other jurisdiction. 2018-02-27 Agenda Packet Page 296 Ordinance Page 14 k. If an individual Applicant, Owner, Officer, or Manager, or any entity such individual has been associated with in such capacity, has been denied authorization to conduct Commercial Cannabis Activity in any jurisdiction and/or such Person’s authorization to conduct Commercial Cannabis Activity in any jurisdiction has been suspended or revoked at any time, a description of each denial, suspension and/or revocation and documentation demonstrating a material change in circumstances since such denial, suspension, or revocation. l. For an Applicant with 10 or more employees, a statement that the Applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a Labor Peace Agreement. m. The Finance Director or Police Chief may request such additional information, as he/she deems necessary including documents, from the Applicant to evaluate Applicant’s qualifications. If the Applicant fails to provide such additional information in the time allotted, the Application shall be considered abandoned. 2. Site Identification. Phase One Applicants must also identify and submit a proposed site for its proposed Commercial Cannabis Business. Such submittal shall include the address and a general description of the proposed site location. In the event the site will be leased from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the site on a form approved by the City acknowledging that the Owner(s) of the site: (a) has read this Chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms already agreed to or to be negotiated with the Applicant that are or shall be consistent with the requirements of this Chapter. 32. Application Fee. The Phase One Application shall be accompanied by a nonrefundable application fee established by resolution of the City Council. 43. Initial Application Review by Finance Director. The Phase One Application shall be reviewed by the Finance Director for completeness and to determine if City’s minimum City License qualifications have been satisfied. Phase One Applications may be rejected by the Finance Director for any of the following reasons in his/her discretion: a. The application is received after the designated time and date; b. The application is not in the required form and/or is incomplete. A Phase One Application shall not be considered complete until the Finance Director has: (i) determined that all requirements of the application have been provided to the city; (ii) received the nonrefundable Phase One application fee; and (iii) obtained all other information the Finance Director determines necessary to make a decision whether the Application meets the requirements of State Laws or this Code. c. The Applicant has failed to pay the application fee required by this Chapter and specified by City Council resolution; d. The Applicant has failed to demonstrate the financial capacity to operate its proposed Commercial Cannabis Business and to fulfill its obligations under this Chapter. 2018-02-27 Agenda Packet Page 297 Ordinance Page 15 e. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process. f. The Applicant, an Owner, Officer, or Manager is under twenty-one years of age. g. The Applicant or any Owner is an entity that is incorporated outside of the United States. h. The Applicant has failed to demonstrate the minimum experience required in accordance with section 5.19.050.(A.)(1.)(e), above. i. The Applicant, or any Owner, Officer, or Manager, has had his/her/its authorization to conduct Commercial Cannabis Activity in any jurisdiction suspended or revoked at any time, and such person has not demonstrated a material change in circumstances or corrective action since such suspension, and/or revocation. 54. Application Review by Police Chief. Phase One applications accepted by the Finance Director as minimally qualified shall be forwarded to the Police Chief for review and completion of any and all required background checks. Phase One Applications may be rejected by the Police Chief for any of the following reasons in his/her discretion: a. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process; b. The Applicant, any Owner, Manager, or Officer, or any other individual identified pursuant to 5.19.050.(A.)(1.)(i) has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. c. The Applicant or any Owner, Officer, or Manager has been convicted of a felony. d. The Applicant or any Owner, Officer, or Manager has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon. e. There are charges pending against the Applicant, or any Owner, Officer, or Manager for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. f. The Applicant, or any Owner, Officer, or Manager has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of state or local laws or regulations related to Commercial Cannabis Activity or to pharmaceutical or alcohol licensure. g. The Applicant, or any Owner, Officer, or Manager has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction. 65. Notice of Decision. The Finance Director or Police Chief shall serve the Applicant, either personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase One Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase One Application shall be final. The City Manager shall provide dated written notice to the 2018-02-27 Agenda Packet Page 298 Ordinance Page 16 Applicant, either personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination. 76. Invitation to Submit Phase Two Application; Lottery System. Applicants who are approved by the Finance Director and Police Chief under the Phase One Application process, or by the City Manager upon appeal, shall be deemed qualified to submit a Phase Two Application. If the number of deemed “qualified” Phase One Applicants for Storefront Retail or Non-Storefront Retail Licenses exceeds the number of then available City Licenses for those license types, a lottery system established by the City shall be used to determine which of the qualified Applicants is invited to submit a Phase Two Application. 87. Phase One Approvals Valid for Six Months. Phase One approvals shall be valid for a maximum period of six (6) months in order to allow the Applicant to complete the Phase Two process. City regulations issued pursuant to this Chapter, may provide for extensions of this time periods in limited, defined circumstances. B. Phase Two Application Process 1. Application Requirements. The Phase Two Application shall be submitted in writing, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase Two Application must contain the following: a. Proposed Premises location and description. b. Information and diagrams demonstrating that the proposed Premises location complies with the applicable locational requirements of this Chapter, the City’s zoning code, and State Laws. c. Identification of all Owners of the proposed Premises location and a copy of all agreements for site control. d. Submission by each individual Owner of the proposed Premises location of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If an Owner of the Proposed Premises location is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. e. Proposed emergency action and fire prevention plan that includes, at a minimum, employee roles and responsibilities; emergency notification and egress procedures; fire hazard identification, maintenance, and procedures; and fire and life safety system identification, maintenance, and procedures. f. Proposed security plan that includes, at a minimum, employee roles and responsibilities; 2018-02-27 Agenda Packet Page 299 Ordinance Page 17 entry/exit security and procedures; security guard coverage and duties; lighting, alarm, and camera placement and operation; limited-access area identification and procedures; cash handling processes and procedures, and demonstrates compliance with section 5.19.160. g. Information required or necessary to demonstrate the ability to comply with the applicable operational requirements set forth in sections 5.19.080 through 5.19.140, as applicable. 2. Application Fee. The Phase Two Application shall be accompanied by a non-refundable application fee established by resolution of the City Council. 3. Site Approval. As part of the application process, the Applicant shall be required to obtain all required land use approvals from the City and/or any other governmental agency with jurisdiction, including a certification from the Development Services Director certifying that the business is an allowed use in the zone where it is located, and the proposed site meets all of the requirements of this Chapter and Title 19 of this Code. 4. Site Control. As a condition precedent to the City’s issuance of a City License pursuant to this Chapter, in the event the Premises will be leased from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the Premises on a form approved by the City acknowledging that the Owner(s) of the Premises: (a) has read this Chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms agreed to with the Applicant that are consistent with the requirements of this Chapter. the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the Premises, acknowledging that the Owner(s) of the Premises has read this Chapter and consents to the operation of the Commercial Cannabis Business on the Premises. 5. Application Review by Development Services Director, Fire Chief, and Police Chief. Phase Two Applications shall be reviewed and are subject to approval by the Development Services Director, the Fire Chief and the Police Chief. A Phase Two Application may be rejected by the Development Services Director, Fire Chief, and/or Police Chief for any of the following reasons: a. The application is received after the designated time and date; b. The application is not in the required form and/or is incomplete. A Phase Two Application shall not be considered complete until the Development Services Director, Fire Chief, and Police Chief have: (i) determined that all requirements of the application have been provided to the city; (ii) received the nonrefundable Phase Two application fee; and (iii) obtained all other information the Development Services Director, Fire Chief, and Police Chief determine is necessary to make a decision whether the application meets the requirements of State Laws or this Code. c. The application fails to demonstrate that the proposed Premises location complies with this Chapter, the City’s zoning code, and State Laws. d. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process; 2018-02-27 Agenda Packet Page 300 Ordinance Page 18 e. An Owner of the proposed Premises location or any other individual identified pursuant to 5.19.050.(B.)(1.)(d) has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. f. An Owner of the proposed Premises location has been convicted of a felony. g. An Owner of the proposed Premises location has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon. h. There are charges pending against an Owner of the proposed Premises location for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. i. An Owner of the proposed Premises location has been adversely sanctioned or penalized by City, or any other city, county, or state, for a material violation of state or local laws related to Commercial Cannabis Activity. j. An Owner of the proposed Premises location has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction. 6. Notice of Decision. The Development Services Director, Fire Chief, or Police Chief shall serve the Applicant, either personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase Two Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase Two Application shall be final. The City Manager shall provide dated written notice to the Applicant, either personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination. 7. Conditional City Approval Valid for Six Months. Upon obtaining final approval of a Phase Two Application, an applicant shall be issued a conditional City Licenseapproval. The conditional City License approval shall be valid for a period of six (6) months to allow the Applicant to take all necessary actions to open its Commercial Cannabis Business. If the business is not fully permitted and operating by the end of this six (6) month period (the “Conditional License Approval Period”), the conditional City License approval will be void without the need for further action by the City. Notwithstanding the foregoing, if the only remaining action necessary for an Applicant holding a conditional City License approval is the State’s determination on such Applicant’s pending State License application, the validity of the conditional City License approval shall be extended until the earlier to occur of: (a) the State’s determination on the issuance of the pending State License application, or (b) the date falling 6 months after the expiration of the Conditional License Approval Period. City regulations issued pursuant to this Chapter may provide for other extensions of the Conditional License Approval Period in limited, defined circumstances. 8. Pipeline Projects; Priority Regulations to be Issued. Prior to commencing the application process for City Licenses, City will develop and issue regulations to establish and clarify development rights priorities between, on the one hand, Commercial Cannabis Businesses, and, 2018-02-27 Agenda Packet Page 301 Ordinance Page 19 on the other hand, uses and businesses with separation requirements with respect to Commercial Cannabis Businesses. Regulations shall include, among other things, provisions applicable to Pipeline Projects and Existing Residential Uses. C. Requirements Prior to Commencement of Operation. Prior to commencing Operations under a City License, in addition to any and all other applicable State and local requirements, a City Licensee must comply with the following requirements: 1. Fees and Charges. Pay in full all fees and charges required for the Operation of a Commercial Cannabis Activity. Fees and charges associated with the Operation of a Commercial Cannabis Business shall be established by resolution of the City Council which may be amended from time to time. 2. Business License Tax. Pay to the City a business license tax as required by Code Chapter 5.02. 3. Permits and Approvals. Obtain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the Premises and the zoning district in which such business will be located. 4. Final Security Plan Approval. Obtain final security plan approval from the Police Chief for the Premises and Operation of the Commercial Cannabis Business. 5. Final Emergency Action and Fire Prevention Plan Approval. Obtain final safety approval from the Fire Chief for the Premises and Operation of the Commercial Cannabis Business. 6. Employee Work Permits. Obtain from the Police Chief work permits for each employee of the Commercial Cannabis Business whose name did not appear on an Application for a City License. Each employee shall submit their application for such work permit to the Police Chief, which application shall be under oath and shall include, among other things, the name, address, proposed job title, and past criminal record, if any, of the employee and shall be accompanied by the fingerprints of the employee. An application for an employee work permit shall be accompanied by the required fee(s) or the required renewal fee(s). The work permit, when issued, shall be valid for one year. The Police Chief may revoke, deny, or not renew any employee work permit upon finding that any of the factors outlined in sections 5.19.050.(A.)(3) through (A.)(4) and/or sections 5.19.270.(F) through .(H) apply. 7. State License. Submit proof that the necessary State License has been obtained and that Applicant remains in good standing thereunder. 8. Agreement. Submit a fully executed agreement as required by section 5.19.070. 9. Insurance. Submit proof of insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City’s insurance and claims administrator. 10. Operational Requirements. Demonstrate compliance with any and all pre-opening operational requirements that may apply as specified in section 5.19.080 through 5.19.140, below, and the ability to comply with and all applicable and ongoing operational requirements. 2018-02-27 Agenda Packet Page 302 Ordinance Page 20 D. General Rules. 1. If a Phase One or Phase Two application is denied or a corresponding conditional City License expires, no Applicant or Person named therein will be qualified to submit a new Phase One application until the passage of one year from the date of the denial or expiration. 2. Phase One and Phase Two applications shall include such supplemental materials as required by the rules and regulations adopted pursuant hereto. The City may, at the City Manager’s discretion, require additional documentation associated with any application as may be necessary to enforce the requirements of State Laws and this Code. 3. Applicants shall have no right to operate under a City License until a City License is actually issued thereto by the City. Each Applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this Chapter. 4. Issuance of a City License does not create a land use entitlement. Furthermore, no City License will be officially issued and no Applicant awarded a City License may begin operations until the City Licensee is fully in compliance with all state and local laws and regulations, including but not limited to State Laws. 5. The City reserves the right to reject or approve any and all applications and conditional licenses based on the standards set forth in this Chapter, or otherwise in its sole discretion, taking into account the health, safety and welfare of the community, and in accordance with its general police powers authority. E. Limits on Number of Applications Per Applicant/Owner. The number of applications allowed to be filed by each Applicant/Owner shall be determined by regulations promulgated by the City Council or the City Manager. Limits imposed, if any, may be applied on an overall basis, per license type, and/or per Council District. 5.19.060 Location Requirements for Cannabis Businesses As set forth above in Code Section 5.19.030, a limited number of City Licenses for Commercial Cannabis Businesses shall be authorized and issued by the City. In locating such businesses, City Licensees shall be further subject to the following requirements. A. In General. The licensed Premisesarea of a Commercial Cannabis Business shall be a contiguous, fully enclosed area and shall only be occupied only by one Licensee. B. Storefront Retailers. 1. Allowed Zones. Subject to the separation requirements set forth below, Storefront Retailers shall only be allowed in the following zones: (a) C-0 Administrative and Professional Office; (b) C-N Neighborhood Commercial; (c) C-C Central Commercial; (d) C-V Visitor Commercial; (e) C-T Thoroughfare Commercial; (f) other Commercial Zones in Specific Plans or Sectional Planning Area Plans that allow retail sales uses (including such zones that allow mixed commercial and residential uses); and (g) with a Conditional Use Permit, in the following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and 2018-02-27 Agenda Packet Page 303 Ordinance Page 21 equivalent Industrial Zones in Specific Plans or Sectional Planning Area Plans that allow industrial uses. 2. Special Rules for Storefront Retailers in Industrial Zones. In addition to any and all other applicable Code requirements, Storefront Retailers proposed to be located in Industrial Zones (a) must be located in buildings with entrances that face, and are within 100 feet of a Public Street; and (b) must comply with parking and sign regulations applicable to retail sales businesses in commercial zones. 3. Separation Requirements. a. Storefront Retailers shall not be located within 1,000 feet of any Day Care Center or any public or private school providing instruction for kindergarten or any grades 1 through 12. b. Storefront Retailers shall not be located within 600 feet of any Treatment Facility, Youth Center, Youth-Oriented Business, Public Park, or Private Park. c. Storefront Retailers shall not be located within 150 feet of any existing residential use or proposed exclusive residential useResidential Zone. 4. Retail Sales Requirements Apply. Storefront Retailers are retail sales uses for purpose of the Code. Except as otherwise provided in this Chapter, all retail sales use requirements for the allowed zone in which the business is located shall apply. C. Non-Storefront Retailers. 1. Allowed Zones. Subject to the separation requirements set forth below, Non-Storefront Retailers shall only be allowed in following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and equivalent Industrial Zones in Sectional Planning Area Plans that allow industrial uses. 2. Separation Requirements. Non-Storefront Retailers shall not be located within 150 feet of any Residential Zonezone allowing residential uses. 3. Industrial Use Requirements Apply. Non-Storefront Retailers are industrial uses for the purpose of the Code. Except as otherwise provided in this Chapter, all industrial use requirements for the allowed zone in which the business is located shall apply. D. Manufacturers; Distributors; Testing Laboratories; and Cultivators. 1. Allowed Zones. Subject to the separation requirements set forth herein, below, Manufacturers, Distributors, Testing Laboratories, and Cultivators shall be allowed in following Industrial Zones: I-L Limited Industrial; I-R Research Industrial; I General Industrial; and equivalent Industrial Zones in Sectional Planning Area Plans that allow industrial uses. 2. Separation Requirements. No Manufacturer, Distributor, Testing Laboratory or Cultivator shall be located within 150 feet of any zone allowing residential uses. 3. Industrial Use Requirements Apply. Manufacturers, Distributors, Testing Laboratories, and Cultivators are industrial uses for the purpose of the Code. Except as otherwise provided in this 2018-02-27 Agenda Packet Page 304 Ordinance Page 22 Chapter, all industrial use requirements for the allowed zone in which the business is located shall apply. E. Standards for Measurement of Separation Distances. For purposes of this Section, separation distances between uses shall be measured as follows: 1. Measuring Points Established. Separation distance between uses shall be measured horizontally in a continuous series of straight lines that connect the two closest “measuring points” of each business or use as set forth herein, below. a. For a Commercial Cannabis Business, the “measuring point” shall be the center point of the public entrance closest to a Public Street. b. For a Day Care Center, Youth Center, Youth Oriented Business, or Treatment Facility, the “measuring point” shall be the center point of the public entrance closest to a Public Street. c. For a public or private school, Public Park, Private Park, residential use or residential zoneor Residential Zone, the “measuring point” shall be the point located on the legal parcel boundary line abutting a Public Street or zone line, as applicable, that is closest to the “measuring point” of the Commercial Cannabis Business at issue. 2. Measurement Paths; Examples. Measurements between public entrances shall start at the “measuring point” of Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the Public Street fronts, and in a direct line across intersections along the shortest pedestrian route toward the “measuring point” of the separated use until it reaches such “measuring point”. See illustrations below. 2018-02-27 Agenda Packet Page 305 Ordinance Page 23 3. Measurements between public entrances and legal parcel boundary lines shall start at “measuring point” of the Commercial Cannabis Business and proceed in a continuous line to the closest property line of the Public Street, measured perpendicular to the Public Street. The measurement shall then continue along the property lines of the public street front(s), and in a direct line across intersections along the shortest pedestrian route towards the “measuring point” of the separated use until it reaches such “measuring point”. See illustration below. 2018-02-27 Agenda Packet Page 306 Ordinance Page 24 2018-02-27 Agenda Packet Page 307 Ordinance Page 25 4. Where a public or private school, Public Park, Private Park, or residential use or Rresidential Zzone are directly adjacent to or across a Public Street from a Storefront Retailer or Non- Storefront Retailer, the separation distance shall be measured between the respective “measuring points” without regard to a Public Street or intersections. See illustration below. 2018-02-27 Agenda Packet Page 308 Ordinance Page 26 5. Where a Commercial Cannabis Business and a Day Care Center, Youth Center, Treatment Facility, Youth-Oriented Business or existing residential use are on the same parcel, or contiguous parcels, the separation distance shall be measured in a straight line connecting their “measuring points”. See illustration below. 2018-02-27 Agenda Packet Page 309 Ordinance Page 27 36. Interpretations, Determinations Made by Development Services Director. Interpretations and determinations of compliance with the requirements of this section and the calculation of separation distances shall be made by the Development Services Director. Exhibits from a Licensed Land Surveyor may be required by the City to make a final decision on compliance with the separation requirements of this subsection. 5.19.070 Limitations on City’s Liability; Licensee’s Indemnity Obligations To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability to any Applicant, government agency, or third party as a result of having issued a City License pursuant to this Chapter, or otherwise approving the Operation of any Commercial Cannabis Business. As a condition to the issuance of any City License, the Applicant shall be required to enter into and fulfill all requirements of an agreement, in a form approved by the City Attorney, whereby all Owners agree to (a) indemnify, protect, defend (at Owner’s sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses that arise out of, or that are in any way related to, the City’s issuance of the City License, the City’s decision to approve the Operation of the Commercial Cannabis Business or Activity, the process used by the City in making its decision, City Licensee’s Operation of its Commercial Cannabis Business, or the alleged violation of any federal, state or local laws by the Commercial Cannabis Business or any of its officers, employees or agents; and (b) provide evidence of and maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Risk Manager. 5.19.080 Operating and Conduct Requirements for All Licensees and Individuals. A. No person shall consume Cannabis and/or Cannabis Products on the Premises of a Commercial Cannabis Business. B. No person shall cause or license the sale, dispensing, or consumption of alcoholic beverages or tobacco products on the Premises of a Commercial Cannabis Business. 2018-02-27 Agenda Packet Page 310 Ordinance Page 28 C. No Cannabis or Cannabis Products shall be visible from the exterior of any Premises issued a City License, or on any of the vehicles owned or used as part of a Commercial Cannabis Business. No outdoor storage of Cannabis or Cannabis Products is permitted at any time. D. Each Commercial Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Commercial Cannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Commercial Cannabis Business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the Finance Director prior to being used by the City Licensee. E. All Cannabis and Cannabis Products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by Commercial Cannabis Businesses that maintain operations in full conformance with State Laws, State regulations, local laws, and local regulations. F. All Commercial Cannabis Businesses shall have a Manager on the premises at all times during hours of operation. G. Each Commercial Cannabis Business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site Manager or Owner to whom emergency notice may be provided at any hour of the day. H. Each Commercial Cannabis Business premises shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the Premises or in the areas adjacent to the Commercial Cannabis Business is prohibited. I. Persons under the age of twenty-one (21) years shall not be allowed and are not allowed on the Premises of a Commercial Cannabis Business, and shall not be allowed and are not allowed to serve as a driver for a Non-Storefront Retailer. J. It shall be unlawful and a violation of this Chapter for any Person to employ an individual at a Commercial Cannabis Business who is not at least twenty-one (21) years of age. K. Odor Control. Odor control devices and techniques shall be incorporated in the Premises of all Commercial Cannabis Businesses to ensure that odors from Cannabis are not detectable off- site. Commercial Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Commercial Cannabis Business that is distinctive to its Operation is not detected outside of the Premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Commercial Cannabis Business. As such, Commercial Cannabis Businesses must install and maintain the following equipment, or any other equipment which the Development Services Director determines is a more effective method or technology: 2018-02-27 Agenda Packet Page 311 Ordinance Page 29 1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; 2. An air system that creates negative air pressure between the Commercial Cannabis Business’s interior and exterior, so that the odors generated inside the Commercial Cannabis Business are not detectable on the outside of the Commercial Cannabis Business. L. Safety and Security Plans. Each Commercial Cannabis Business must comply with all requirements of the security plan approved by the Police Chief and with all safety requirements of the Emergency Action and Fire Prevention Plan approved by the Fire Chief. M. Display of City License and City Business License. The original copy of the City License and the City Business License shall be posted inside the Premises of the Commercial Cannabis Business in a location readily-visible to the public. N. Employee Identification. Each and every employee of a City Licensee must, at all times when present on a Premises and while conducting a Delivery, wear an identification badge containing their photograph, age, the name of the City Licensee for whom they are employed, and, if the employee is a Manager, the employee’s job title. O. Delaying or Lingering Prohibited. The City Licensee shall take reasonable steps to prevent individuals from delaying or lingering on the Premises without a lawful purpose. P. Cannabis Use on Premises Prohibited. The City Licensee shall take reasonable steps to prevent the use and consumption of Cannabis or Cannabis Products on the Premises. Q. Licenses and other Approvals. Throughout the Operation of a Commercial Cannabis Business, the City Licensee must maintain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the zoning district in which the Commercial Cannabis Business Premises is located. R. Persons with Disabilities. Nothing in this Chapter exempts a Commercial Cannabis Business from complying with all applicable local, State and federal laws and regulations pertaining to persons with disabilities. S. Discrimination. No Commercial Cannabis Business may discriminate or exclude patrons in violation of local, State and federal laws and regulations. T. Fees and Charges. 1. No Person may conduct Commercial Cannabis Activity without timely paying in full all fees and charges required associated with the Operation of a Commercial Cannabis Activity. Fees and charges associated with the Operation of a Commercial Cannabis Activity shall be established by resolution of the City Council which may be amended from time to time. 2. City Licensees authorized to Operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State and local law. Each Commercial Cannabis Business shall cooperate with City with respect to any reasonable request to audit the Commercial Cannabis Business’ books and records for the 2018-02-27 Agenda Packet Page 312 Ordinance Page 30 purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. U. Training Requirements. City reserves the right to impose training requirements on Managers, employees, and others involved in the Operation of a Commercial Cannabis Business, with the specific requirements to be determined and implemented through regulations. 5.19.090 Operating Requirements for Storefront Retailers. A. A Storefront Retailer shall not Sell Medicinal Cannabis or Medicinal Cannabis Products. B. A Storefront Retailer shall not conduct Deliveries. C. A Storefront Retailer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. A Storefront Retailer shall Sell no more than 28.5 grams of non-concentrated Cannabis in a single day to a single customer. 2. A Storefront Retailer shall Sell no more than 8 grams of Cannabis Concentrate, including Cannabis Concentrate contained in Cannabis Products, in a single day to a single customer. 3. A Storefront Retailer shall Sell no more than 6 immature Cannabis plants in a single day to a single customer. 4. A Storefront Retailer shall not Sell edible Cannabis Products containing more than 10 milligrams of THC per serving. 5. A Storefront Retailer shall not Sell edible Cannabis Products containing more than 100 milligrams of THC per package. 6. A Storefront Retailer shall not Sell Cannabis Products that is in the shape of a human being, either realistic or caricature, animal, insect, or fruit. 7. A Storefront Retailer shall not Sell Cannabis-infused beverages or powder, gel, or other concentrate with instruction for the preparation of Cannabis-infused beverages. 8. A Storefront Retailer shall not provide free Cannabis or Cannabis Products to any Person. 9. A Storefront Retailer shall notify Customers of the following verbally (or by written agreement) and by posting of a notice or notices in a minimum of 24-point font conspicuously within the Storefront Retailer Premises: a. “The sale or diversion of cannabis or cannabis products without a license issued by the City of Chula Vista is a violation of State law and the Chula Vista Municipal Code.” b. “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from [Insert Name of Licensee] is a crime and can lead to arrest.” 2018-02-27 Agenda Packet Page 313 Ordinance Page 31 c. “Patrons must immediately leave the premises and not consume cannabis or cannabis products until at home or in an equivalent private location. Staff shall monitor the location and vicinity to ensure compliance.” 10. All restroom facilities on the Premises shall remain locked and under the control of management. 5.19.100 Operating Requirement for Non-Storefront Retailers. A. From a public right-of-way, there should be no exterior evidence of Non-Storefront Retailer Premises except for any signage authorized by this Code. B. The general public is not permitted on the Premises of a City Non-Storefront Retailer Licensee except for the agents, applicants, managers, and employees of the City Non-Storefront Retailer Licensee and any agents or employees of the City. C. A Non-Storefront Retailer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. Delivery Regulations. a. All Deliveries of Cannabis or Cannabis Product shall be made by and individual person to an individual person. A Delivery of Cannabis or Cannabis Product shall not be made through the use of an unmanned vehicle. b. A Delivery Employee conducting a Delivery shall only travel in an enclosed motor vehicle operated by a Delivery Employee. c. Delivery of Cannabis or Cannabis Product shall only be made to a physical address (e.g., not to a P.O. Box or a street intersection). d. Delivery of Cannabis or Cannabis Products shall not be made to any public or private school providing instruction for kindergarten or any grades 1 through 12, Day Care Center, Youth Center, Treatment Facility, Youth Center, Youth-Oriented Business, Public Park, or Private Park. Deliveries to any workplace shall remain subject to any employer’s right to limit or prohibit such activity. e. While conducting a Delivery, a Delivery Employee shall ensure the Cannabis or Cannabis Products are not visible to the public. f. A vehicle used for Delivery shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of a Delivery vehicle. g. A Delivery Employee shall, during Deliveries, carry a copy of the Non-Storefront Retailer’s current City License, the Delivery Employee’s government-issued identification, an identification badge issued by the Police Chief, and a Delivery invoice. h. While making a Delivery, a Delivery Employee shall not carry Cannabis and/or Cannabis Goods worth in excess of $3,000 at any time. This value shall be determined using the current retail price of all Cannabis and/or Cannabis Products carried by the Delivery Employee. 2018-02-27 Agenda Packet Page 314 Ordinance Page 32 2. Product Regulations and Restrictions. a. A Non-Storefront Retailer shall Sell no more than 28.5 grams of non-concentrated Adult- Use Cannabis in a single day to a single customer. b. A Non-Storefront Retailer shall Sell no more than 8 grams of Adult-Use Cannabis Concentrate, including Cannabis Concentrate contained in Cannabis Products, in a single day to a single customer. c. A Non-Storefront Retailer shall Sell no more than 6 immature Cannabis plants in a single day to a single customer. d. A Non-Storefront Retailer shall not Sell edible Cannabis Products containing more than 10 milligrams of THC per serving. e. A Non-Storefront Retailers shall not Sell edible Cannabis Products containing more than 100 milligrams of THC per package. f. A Non-Storefront Retailer shall not Sell Cannabis Products that are in the shape of a human being, either realistic or caricature, animal, insect, or fruit. g. A Non-Storefront Retailer shall not Sell Cannabis-infused beverages or powder, gel, or other concentrate with instruction for the preparation of Cannabis-infused beverages. h. A Non-Storefront Retailer shall not provide free Cannabis or Cannabis Products to any Person. 5.19.110 Operating Requirements for Cultivators. A. Outdoor Cultivation Prohibited. Commercial Cannabis Cultivation must occur indoors., and outdoor Outdoor cultivation is prohibited. B. From a public right-of-way, there should be no exterior evidence of Cultivation except for any signage authorized by this Code. C. The general public is not permitted on the Premises of a City Cultivator Licensee except for the agents, applicants, managers, and employees of the City Cultivation Licensee and any agents or employees of the City of Chula Vista. D. A Cultivator shall only be allowed to Cultivate the square feet of Canopy authorized by the Cultivator’s State License and City Cultivation License issued for the Premises. E. A Cultivator shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. State and local laws related to electricity, water usage, water quality, discharges, and similar matters.; and 2. Applicable federal, state and local laws and regulations regarding use, storage, and disposal of pesticides and fertilizers. 2018-02-27 Agenda Packet Page 315 Ordinance Page 33 F. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. G. Cultivation shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the Commercial Cannabis Business, neighboring properties, and the end users of the Cannabis being Cultivated, to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the Cannabis being cultivated; and to safeguard against the diversion of Cannabis. H. Cultivators shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of any equipment. Said report shall be approved by the Fire Department prior to Operation. I. All applicants for a City Cultivation License shall submit the following in addition to the information generally otherwise required for a City License: 1. A Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the Cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. 2. A description of a legal water source, irrigation plan, and projected water use. 3. Identification of the source of electrical power and plan for compliance with applicable building codes and related codes as adopted and amended by the City. 4. Plan for addressing odor and other public nuisances that may derive from the Cultivation Premises. 5.19.120 Operating Requirements for Manufacturers. A. From a public right-of-way, there should be no exterior evidence of Manufacturing except for any signage authorized by this Chapter. B. The general public is not permitted on the Premises of a City Manufacture Licensee except for the agents, applicants, Owners, Officers, Managers, employees, and volunteers of the City Manufacture Licensee and any agents or employees of the City of Chula Vista. C. All Manufacturing shall comply with the standards set by State Laws and regulations. D. Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Chula Vista in containers that exceeds the amount that is approved by the Fire Chief and authorized by the City Manufacture License. The Premises of a City Manufacture Licensee shall be limited to a total number of tanks as authorized by the Fire Chief on the Premises at any time. E. Manufacturers may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the Fire Chief. These solvents must be of at least ninety-nine percent purity and any extraction 2018-02-27 Agenda Packet Page 316 Ordinance Page 34 process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present. F. If an extraction process uses a professional grade closed loop CO2 gas extraction system every vessel must be certified by the manufacturer for its safe use. Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. G. Certification from an engineer licensed by the State of California must be provided to the Fire Chief for a professional grade closed loop system used by any Manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to: 1. The American Society of Mechanical Engineers (ASME); 2. American National Standards Institute (ANSI); 3. Underwriters Laboratories (UL); 4. The American Society for Testing and Materials (ASTM); or 5. Intertek ETL The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified. H. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Chief and meet any required fire, safety, and building code requirements specified in the California Building and Fire Codes, as adopted by the City. I. Manufacturers may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. J. Manufacturers may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. K. Manufacturers creating Cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. L. Any person using solvents or gases in a closed looped system to create Cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely. M. Parts per million for one gram of finished extract cannot exceed State standards for any residual solvent or gas when quality assurance tested. 2018-02-27 Agenda Packet Page 317 Ordinance Page 35 N. Manufacturers shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of equipment. Said report shall be approved by the Fire Department prior to Operation. O. A Manufacturer shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. 5.19.130 Operating Requirements for Distributors. A. From a public right-of-way, there should be no exterior evidence of Distributing except for any signage authorized by this Chapter. B. A Distributor shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. Such laws and regulations shall include, but are not limited to: 1. The general public is not permitted on the Premises of the City Distributor Licensee except for the agents, applicants, managers, employees, and volunteers of the City Distributor Licensee and any agents or employees of the City. 2. A Distributor shall only procure, sell, or transport Cannabis or Cannabis Products that is packaged and sealed in tamper-evident packaging that uses a unique identifier, such as a batch and lot number or bar code, to identify and track the Cannabis or Cannabis Products. 3. A Distributor shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the Distributor to the City. 4. Individuals authorized to conduct transportation on behalf of the Cannabis Distribution licensee shall have a valid California Driver’s License. 5. Individuals transporting Cannabis or Cannabis Products on behalf of the Distributor shall maintain a physical copy of the transportation request (and/or invoice) and shall make it available upon request of agents or employees of the City requesting documentation. 6. During transportation, the individual conducting transportation on behalf of the Distributor shall maintain a copy of the City Distributor License and shall make it available upon request of agents or employees of the City requesting documentation. 7. A Distributor shall only transport Cannabis or Cannabis Products in a vehicle that is (i) insured at or above the legal requirement in California, (ii) capable of securing (locking) the Cannabis or Cannabis Products during transportation, and (iii) capable of being temperature controlled if perishable Cannabis Products are being transported. 5.19.140 Operating Requirements for Testing Laboratories. A. The general public is not permitted on the Premises of a City Testing Laboratory Licensee except for the agents, applicants, managers, and employees of the City Testing Laboratory Licensee and any agents or employees of the City. B. Testing Laboratory activity shall take place within an enclosed locked structure. 2018-02-27 Agenda Packet Page 318 Ordinance Page 36 C. From a public right-of-way, there should be no exterior evidence of a Testing Laboratory except for any signage authorized by this Chapter. D. A Testing Laboratory shall provide a fire and life safety technical report to the Fire Department, prepared by a licensed professional engineer, to evaluate the totality of the cannabis operation, including the certification of any equipment. Said report shall be approved by the Fire Department prior to Operation. E. A Testing Laboratory shall operate in compliance with state and local laws and regulations, including but not limited to State Laws, at all times. 5.19.150 Recordkeeping. A. Each City Licensee shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis at or before the time of the renewal of a City License issued pursuant to this Chapter, or at any time upon reasonable request of the City, each City Licensee shall submit to the City, in a form approved thereby, a statement, sworn as to accuracy, detailing their Commercial Cannabis Business’ revenue and number of sales during the previous twelve-month period, or shorter period based upon the timing of the request, provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. B. On an annual basis, each City Licensee shall submit to the City Manager a financial audit of the business’ operations conducted by an independent certified public accountant. Each City Licensee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager. C. Each City Licensee shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in each Commercial Cannabis Business, and separately of all the Owners, Officers, Managers, employees, agents and volunteers currently employed or otherwise engaged by the Commercial Cannabis Business. The register required by this paragraph shall be provided to the City Manager promptly upon request. D. All records collected by a City Licensee pursuant to this Chapter shall be maintained for a minimum of seven years and shall be made available by the City Licensee to the agents or employees of the City of Chula Vista upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order. E. All City Licensees shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all Cannabis and Cannabis Products for all stages of the growing, production, manufacturing, laboratory testing, and distribution processes until purchase as set forth under State Law. F. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each City Licensee shall allow City officials to have access to each Commercial Cannabis Business’s books, records, accounts, together with any other data or documents relevant to its Commercial Cannabis Activities, for the purpose of conducting an 2018-02-27 Agenda Packet Page 319 Ordinance Page 37 audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware. 5.19.160 Security Measures. A. All City Licensees shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing Cannabis or Cannabis Products, and to deter and prevent the theft of Cannabis or Cannabis Products at the Premises of the Commercial Cannabis Business. Except as may otherwise be determined by the Police Chief, these security measures shall include, but shall not be limited to, all of the following: 1. Preventing individuals from remaining on the Premises of the Commercial Cannabis Business if they are not engaging in an activity directly related to the Operations of the Commercial Cannabis Business. 2. Establishing limited access areas accessible only to authorized Commercial Cannabis Business personnel. 3. All Cannabis and Cannabis Products, including Live Plants, shall be kept in a secure manner so as to prevent diversion, theft, and loss. All Cannabis and Cannabis Products that are being stored must be stored in a secured and locked room, safe, or vault. All Cannabis and Cannabis Products on display for Sale shall be displayed in a secure case. 4. Installing 24-hour security surveillance cameras of at least HD-quality to monitor areas on the Premises including, but not limited to: entrances and exits to and from the Premises; all interior spaces which are open and accessible to the public; all interior spaces where Cannabis, cash or currency is being stored for any period of time on a regular basis; all areas where the purchase, Sale, Distribution, or Transfer of Cannabis or Cannabis Products take place; and all interior spaces where diversion of Cannabis could reasonably occur. The City Licensee shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Police Chief, and that it is compatible with the City’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Police Chief. Video recordings shall be maintained for a minimum of 60 days, and shall be made available to the Police Chief upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the Premises of the Commercial Cannabis Business. 5. Sensors shall be installed to detect entry and exit from all secure areas. 6. Panic buttons shall be installed in all Commercial Cannabis Businesses. 7. A professionally installed, maintained, and monitored alarm system, with the required City alarm permit under Chapter 9.06.150 of this Code. 8. Security personnel shall be on the Premises 24 hours a day or alternatively, as authorized by the Police Chief. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police chief, with such approval not to be unreasonably withheld. 2018-02-27 Agenda Packet Page 320 Ordinance Page 38 9. Each Commercial Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. B. Each Commercial Cannabis Business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the Police Chief regarding any security related measures or and operational issues. C. As part of the application and licensing process, each Commercial Cannabis Business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all Cannabis, Cannabis Products, and any currency. D. Each Commercial Cannabis Business shall cooperate with the City whenever the City Manager makes a request, upon reasonable notice to the Commercial Cannabis Business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. E. A Commercial Cannabis Business shall notify the Police chief within 24 hours after discovering any of the following: 1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Police chief. 2. Diversion, theft, loss, or any criminal activity involving the Commercial Cannabis Business or any Owner, Officer, Manager, agent, or employee of the Commercial Cannabis Business. 3. The loss or unauthorized alteration of records related to Cannabis, registering qualifying patients, primary caregivers, or employees or agents of the Commercial Cannabis Business. 4. Any other breach of security. 5.19.170 Community Relations. A. Each Commercial Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Commercial Cannabis Business can be provided in addition to applicable City and State enforcement divisions. Each Commercial Cannabis Business shall also provide the above information to all businesses located within one hundred (100) feet of the Premises of the Commercial Cannabis Business and to all residences located within three hundred (300) feet of the Premises of the Commercial Cannabis Business. B. During the first year of Operation pursuant to this Chapter, the Owner, Manager, and community relations contact from each Commercial Cannabis Business shall attend a quarterly meeting with the City Manager and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of Operation, the Owner, Manager, and community relations contact from each such Commercial Cannabis Business shall meet with the City Manager when and as requested by the City Manager. 5.19.180 Promulgation of Regulations, Standards, and Other Legal Duties. 2018-02-27 Agenda Packet Page 321 Ordinance Page 39 A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this Chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of City Licenses; the City’s oversight of the ongoing operation of Commercial Cannabis Businesses; and any other subject determined to be necessary to carry out the purposes of this Chapter. B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. C. Regulations promulgated by the City Council or the City Manager shall become effective and enforceable upon date of publication on the City’s website or with respect to existing City Licensees, upon the date specified in a written notice to the City Licensee. Commercial Cannabis Businesses must comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager. 5.19.190 Compliance With All Applicable Laws Required. A. Nothing in this Chapter shall be construed as authorizing or condoning any actions that violate federal, state or local law with respect to the operation of a Commercial Cannabis Business. B. It shall be the responsibility of the City Licensees, Owners, Officers, and Managers of a Commercial Cannabis Business to ensure that a Commercial Cannabis Business is, at all times, operating in a manner compliant with all applicable federal, state, and local laws and regulations, including for as long as applicable, all State Laws, any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed by City as conditions of approval of a State License or a City License. C. Except as otherwise specifically provided herein, this Chapter incorporates the requirements and procedures set forth in State Laws. In the event of a conflict between the provisions of this Chapter and the provisions of State Laws or any other applicable state or local law, the more restrictive provision shall control. To the extent allowed by State Law, the City shall have the right, but not the obligation, to enforce all applicable State Laws. 5.19.200 Right of Access & Testing. A. City officials, employees, and their designees authorized to enforce the provisions of the Code shall have full access to the Premises and records of every Commercial Cannabis Business in order to: 1. Inspect the Premises for compliance with the Code and State Laws. 2. Test any equipment possessed by, in control of, or used by a City Licensee, Owner, Officer, or Manager, and any other employee, agent, or volunteer of a City Licensee. 3. Test any Cannabis or Cannabis Product possessed by, in control of, or used by a City Licensee, Owner, Officer or Manager, and any other employee, agent, or volunteer of a City Licensee. 2018-02-27 Agenda Packet Page 322 Ordinance Page 40 4. Copy any materials, books, or records of any City Licensee, Owner, Officer, or Manager, and any other employee, agent, or volunteer of a City Licensee. B. Failure by any City Licensee, Owner, Officer or Manager to cooperate and participate in any City inspection or investigation under this section shall itself be a violation of this Chapter. C. City officials, employees, and their designees authorized to enforce the provisions of the Code shall have rights of access under subsection (A) during any inspection, investigation, review, audit, or as otherwise allowed by law. D. Prior notice of an inspection, investigation, review, or audit is not required. E. Any inspection, investigation, review, or audit of a City Licensed Premises shall be conducted anytime the City Licensee is exercising privileges under the City License, or as otherwise agreed to by the City or its Manager. F. This subsection shall not be construed to deprive a City Licensee, Owner, Officer, or Manager, or any other employee, agent, or volunteer of a City Licensee of any privileged guaranteed by the Constitutions of the United States and/or the State of California, or any other statutory privileges. 5.19.210 Restrictions on Transfer, Change, or Alteration of City License or City Licensee. A. A City License is valid only as to the City Licensee. No City Licensee is allowed to sell, transfer, pledge, assign, grant an option, or otherwise dispose of (“Transfer”) its City License to any Pperson except pursuant to the terms of this section. Except as permitted, any such sale, transfer, pledge, assignment, grantTransfer or attempted sale, transfer, pledge, assignment or grantTransfer shall be deemed to constitute a voluntary surrender of the City License and such City License shall thereafter be null and void, except as set forth in this Chapter. B. A City Licensee may sell, transfer, pledge, assign, grant an option or otherwise dispose ofTransfer less than 50% ownership or control of a Commercial Cannabis BusinessCity License with prior written approval of the City Manager after submission of all required application materials, payment of applicable fees as set by resolution of City Council, and a determination that the applicants meet the requirements of this Chapter such as to be entitled to the issuance of an original City License. C. A City Licensee may change the form of business entity without applying to the City Manager for a new City License, if the ownership of the new business entity is the same as the original City Licensee business entity. Although a new City License is not required, the City Licensee shall notify the City in writing of the change within 30 days of the change, and obtain an amendment to the original City License after paying the applicable fee set by resolution of the City Council. D. A City Licensee may change the name of the business entity without applying to the City Manager for a new City License. Although a new City License is not required, the City Licensee shall notify the City in writing of the change at least 30 days prior to the change, and obtain an amendment to the original City License after paying the applicable fee set by resolution of the City Council. 2018-02-27 Agenda Packet Page 323 Ordinance Page 41 E. No City Licensee shall be allowed to Transfer all or any portion of its City License prior to twelve (12) months after the City Licensee has opened and continuously operated its Commercial Cannabis Business authorized thereunder. F. No City Licensee shall operate, conduct, manage, engage in, or carry on the business of a Commercial Cannabis Business under any name other than the name of the Commercial Cannabis Business specified in the City License. FG. No City Licensee may avail themselves of the provisions of this Section if the City Manager has notified the City Licensee that the City License has been or may be suspended, revoked, or not renewed. HG. For purposes of this section, the Transfer of all or any portion of a licensed Commercial Cannabis Business shall constitute the Transfer of the underlying City License. I. Failure to comply with this section constitutes grounds for suspension or revocation of a City License. 5.19.220 Restrictions on Transfer, Change, or Alteration of Location. A. A City License issued under this Chapter is valid only as to the Premises approved in accordance with the City License, and is therefore nontransferable to other locations except as authorized in this section. No City Licensee is authorized to relocate to other areas or units within a building structure without first obtaining written approval from the City Manager, regardless of any possessory interest or right to possession to such additional space. B. No City Licensee shall change the location of the Premises approved in accordance with the City License until any such change of location is approved by the City Manager or his/her designee. The City Manager shall adopt a process (to include any necessary forms and procedures) for Premises relocation that includes, but is not limited to, the following: 1. The City Licensee shall submit a change of location application to the City at least 90 days prior to the proposed change. 2. The proposed location shall meet all of the requirements under this Code, including but not limited to this Chapter and Title 19. 3. The proposed location shall be reviewed and evaluated using review criteria as referenced in Section 5.19.060. 4. The relocation of a City Licensee’s Premises shall be subject to the prior review and approval by the Development Services Director and any and all other licenses, approvals, or permits required under State Law and the Code. C. All required state and City approvals, plan approvals, permits, and licenses must be obtained before causing, allowing, or licensing alterations to, and/or extensions or expansions of, the existing Premises building(s), structure(s), or portions thereof, approved as a location for a Commercial Cannabis Business. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy. 2018-02-27 Agenda Packet Page 324 Ordinance Page 42 5.19.230 Expiration of City License. A City License issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. City Licenses may be renewed as provided in Section 5.19.240. 5.19.240 Renewal of City License. A. An application for renewal of a City License shall be filed with the City Manager’s office at least 60 calendar days prior to the expiration date of the current City License.A City License shall automatically renew on an annual basis unless the City Manager determines prior to the date on which the City License is to be automatically renewed that any of the factors identified in subsection C below exist. A City Licensee shall have the duty to ensure that all City records generated pursuant to this Chapter are accurate and up-to-date prior to automatic renewal, including but not limited to information regarding the operation and ownership of each Commercial Cannabis Business. B. Any City Licensee submitting an application less than 60 days before its expiration shall be required to pay a late renewal application fee, as established by resolution of the City Council. Any renewal application filed less than 30 business days before its expiration may be rejected by the City on that basis alone.The applicant shall pay a renewal fee in an amount to be set by the City Council to cover the costs incurred by the City to continue to administer the program created under this Chapter. C. The renewal application shall be submitted on a form issued or approved by the City. D. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs incurred by the City to administer the program created under this Chapter. E. An application for renewal of a City License may be deniedA City License shall not automatically renew if any of the following grounds exists: 1. Any of the grounds for suspension or revocation under section 5.19.2670; 2. The City License has beenis suspended or revoked at the time of the application. 3. The Commercial Cannabis Business has not been in regular and continuous operation in the four months prior to the renewal application. 4. The City Licensee fails to or is unable to renew its State License. 5. The City Licensee has made a false, misleading or fraudulent statement or omission of fact as to any information provided to City pursuant to this Chapter. 6. The City Licensee fails to ensure that all City records generated pursuant to this Chapter are accurate and up-to-date prior to the automatic renewal. F. The City Manager is authorized to make all decisions concerning the issuance of a renewal license. In making the decision, the City Manager is authorized to impose additional conditions onto a renewal license, if it is determined to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety or welfare. 2018-02-27 Agenda Packet Page 325 Ordinance Page 43 G. The City Manager shall serve the City Licensee, either personally or by first class mail addressed to the address listed on the renewal application, with dated written notice of the City Manager’s decision to approve or deny the renewal, and the right of the City Licensee to seek judicial review of the City Manager’s decision. H. If a City Licensee submits the required renewal application, but a written approval from the City has not been received prior to the expiration of the subject City License, such license shall be deemed conditionally renewed until service of the City Manager’s written renewal decision. IG. If a renewal application is denied, the City License shall no longer be effective and all related Commercial Cannabis Activity must cease immediately. Aa Pperson denied a renewalon may file a new application pursuant to this Chapter no sooner than one year from the date of the rejection. The City Manager shall provide notice to the applicant that judicial review of the City Manager’s denial may be had pursuant to California Code of Procedure section 1085. 5.19.250 Effect of State License Suspension, Revocation, or Termination. A. Suspension of a State License shall immediately suspend the ability of a Commercial Cannabis Business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State License. B. Should the State, or any of its departments or divisions, revoke or terminate a State License, such revocation or termination shall also revoke or terminate the City License and City Licensee’s ability to operate a Commercial Cannabis Business within the City. 5.19.260 Suspension and Revocation of City License. The following may constitute grounds for suspension or revocation of a City License: A. Failure of a City Licensee to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions) including any rule, regulation, condition or standard adopted pursuant to this Chapter, or any term or condition imposed on the City License, or any provision of local or State Laws and/or regulations. Any act or omission of any Owner, Officer, Manager, or employee of a City Licensee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the City Licensee for purposes of determining whether the City License shall be suspended and/or revoked. B. Any change in the ownership of a City Licensee that does not have City’s prior written approval, if required under this Chapter. C. Revocation of a City Licensee’s State License. D. City is denied access to the Premises or records of a City Licensee. E. The City Licensee, or any of its Owners, Officers, or Managers has been adversely sanctioned or fined for, charged with, or found guilty of or plead guilty or no contest to a charge of operating a Commercial Cannabis Business without the necessary licenses and approvals from the applicable state and/or local jurisdictions. F. Conviction of a City Licensee, Owner, Officer, or Manager for any felony offense. G. Any City Licensee, Owner, Officer or Manager is charged with any of the following: 2018-02-27 Agenda Packet Page 326 Ordinance Page 44 1. A violent felony, as specified in Section 667.5(c) of the Penal Code. 2. A serious felony, as specified in Section 1192.7(c) of the Penal Code. 3. A felony involving fraud, deceit, or embezzlement. 4. A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. 5. A felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code. 6. A felony or misdemeanor involving the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016. If the City Manager determines that a ground for suspension and/or revocation of a City License exists, the City Manager shall give notice of suspension and/or revocation by dated written notice to the City Licensee. The City Manager shall cause the City Licensee to be served, either personally or by first class mail addressed to the address listed on the application, with the written notice suspending or revoking the City License. This notice shall state the reasons for the action, the effective date of the decision, and the right of the City Licensee to appeal the decision. 5.19.270 Advertising and Marketing of Cannabis. A. It is illegal to Market or Advertise within the City Cannabis or Cannabis Products that are not permitted to be sold in the City under State Law or this Chapter. B. Advertising or Marketing is prohibited in the City on any sign located within 1,000 feet of a Day Care Center; school providing instruction in kindergarten or any grades 1 through 12; Youth Center; Youth-Oriented Facility; or Private or Public Park. C. Advertising or Marketing is prohibited in the City on any sign within 1,000 feet of a Treatment Center. D. Advertising or Marketing in the City shall not contain a depiction of an individual under 21 years of age consuming Cannabis or Cannabis Products. E. Advertising or Marketing in the City shall not be Attractive to Youth. F. Advertising or Marketing in the City in a manner that is false or untrue or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression, is prohibited. G. Advertisements or Marketing in the City shall not contain any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof. 5.19.280 Enforcement and Penalties. A. It is unlawful to: 2018-02-27 Agenda Packet Page 327 Ordinance Page 45 1. Operate, conduct, or direct Commercial Cannabis Activity in the City without a valid City License authorizing such Activity; 2. Own, set up, operate, or maintain a Commercial Cannabis Business in the City without a valid City License; 3. Participate as an employee, contractor, agent, volunteer, or in any other capacity in a Commercial Cannabis Business in the City without a valid City License; 3. Use any parcel or any portion of parcel of land as a Commercial Cannabis Business without a valid City License; 4. Lease, rent to, or otherwise allow a Commercial Cannabis Business to occupy any parcel or portion of parcel of land in the City without a valid City License. B. It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements, of this Chapter or any regulation adopted hereunder. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. C. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the State of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with this Chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $10,000 for each and every offense. D. Whenever in this Chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. E. The remedies specified in this Section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. F. Nothing in this Section shall be construed as requiring the City to allow, permit, license, authorize, or otherwise regulate Commercial Cannabis Activity, or as abridging the City’s police power with respect to enforcement regarding Commercial Cannabis Activity. 5.19.290 Effectiveness Conditioned on Passage of Tax Measure. The effectiveness of the ordinance enacting this Chapter is contingent upon voter approval and the continuous legal validity of a tax measure anticipated to be submitted to voters in June November 2018. The tax measure would impose an excise tax, in an amount and form yet to be determined, on all Commercial Cannabis Businesses. In the event the proposed tax measure is not approved by the voters, or is suspended or invalidated for any reason, the provisions of this 2018-02-27 Agenda Packet Page 328 Ordinance Page 46 ordinance permitting Commercial Cannabis Businesses shall be void without any further action required by the City. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Notwithstanding the foregoing, the City Council reserves the right to modify or repeal this Ordinance, in its sole discretion, if all or any portion of it is invalidated on its face or as applied. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Gary Halbert Glen R. Googins City Manager City Attorney 2018-02-27 Agenda Packet Page 329 City of Chula Vista Staff Report File#:18-0015, Item#: 12. A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2017/18 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. 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 agenda statement is available as the first attachment to this item. City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 330 P a g e | 1 February 27, 2018 File ID: 18-0015 TITLE A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2017/18 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY The Finance Department, in collaboration with City departments, prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes as of December 31, 2017. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. It also provides the opportunity to review and update Measure P funding status and the long-term financial plan. In preparing the quarterly financial projections, staff has identified various budget changes that are needed to reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances, which arise that could require adjustments to the approved budget. Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in January of 1996 and allows for budget transfers to be completed. This report discusses budget adjustments that staff recommends in the General Fund as well as various other funds. In addition to the Fiscal Year 2017/18 budget recommendations for City funds, this report includes: an update on Measure P actual revenues and expenditures as of December 31, 2017, and an updated to the Long Term Financial Plan (LTFP) reflecting all Council approved items since the adoption of the Fiscal Year 2017/18 budget in June. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that filing of the quarterly financial status report 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. 2018-02-27 Agenda Packet Page 331 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The Finance Department, in collaboration with City departments, prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. The Second Quarter Report is developed using six months of actual (July through December 2017) activity for Fiscal Year 2017/2018 as of December 31, 2017. The data included in this report is the most current data available; however, the data and projections are subject to change. This report will provide summary information for the following areas: Major General Fund Revenues Adjustments to General Fund Expenditures Update to the General Fund Reserve Adjustments to non-General Fund funds Update to the Measure P Fund Update to the LTFP Attachment A – Quarterly Financial Report provides additional information for the financial outlook for the General Fund for the current fiscal year including City revenues and expenditures. Additional information related to Measure P and the LTFP is also provided. The Finance Department will continue to monitor the City’s actual revenues and expenditures and will provide any significant changes in subsequent quarterly budget monitoring reports. General Fund Overview The City’s financial outlook is primarily unchanged as overall General Fund expenditures are projected to exceed revenues by approximately $406,000. The minor difference is a result of multiple actions within the second quarter including the undertaking of a fire academy for 16 new recruits. The overall increase in expenditure projections is mostly offset by increases in multiple revenue categories including property tax, reimbursement for general fund services (Other Revenue category) and fund transfers into the General Fund. Additional information on General Fund revenue and expenditures are provided in the following sections. Major General Fund Revenues The City’s major General Fund revenues, which make up approximately 75% of the City’s General Fund revenues, are projected to be over the Amended Budget amounts by approximately $1.6 million primarily as a result of increased projections for Measure P Sales Tax and Property Tax in Lieu of Vehicle License Fee (previously accounted for as Motor Vehicle License fees) by $1.5 million and $320,000, respectively; and a decrease to the Transient Occupancy Tax and Sales Tax by $280,000 and $30,000, respectively. Table 1: Fiscal Year 2017/2018 Major General Fund Revenue Projections summarizes the revenue projections. 2018-02-27 Agenda Packet Page 332 P a g e | 3 The remaining General Fund revenues (not represented in Table 1) are anticipated to exceed the Amended Budget by approximately $1.8 million. The primary contributors to the increase in revenue are reimbursements from other funds within the Other Revenue category ($930,000) and an increase in transfers into the General Fund from other funds ($490,000). All the General Fund revenues are summarized in Attachment A. The overall General Fund revenues are projected to exceed the Amended Budget by approximately $3.3 million. General Fund Expenditure Adjustments The majority of the proposed adjustments for the second quarter are inter- or intra-Department transfers, and new expenditure appropriations with partially offsetting revenue. Table 2: Fiscal Year 2017/2018 General Fund Expenditure Adjustments illustrates all the proposed adjustments for the General Fund. Table 1 - Fiscal Year 2017/2018 Major General Fund Revenue Projections Revenue Category Amended Budget Projected Budget Variance Property Tax 33,620,932$ 33,691,992$ 71,060$ Sales Tax 33,767,466$ 33,737,411$ (30,055)$ Measure P Sales Tax 16,320,000$ 17,796,000$ 1,476,000$ PT in lieu of Motor Vehicle License Fee (VLF)1 20,844,039$ 21,164,029$ 319,990$ Franchise Fees 11,968,646$ 11,968,646$ -$ Utility Users Taxes 5,860,328$ 5,860,328$ -$ Transient Occupancy Tax 4,316,267$ 4,036,267$ (280,000)$ Total 126,697,678$ 128,254,673$ 1,556,995$ 1Property Tax in Lieu of Vehicle License Fees was previously accounted for as Motor Vehicle License fees (VLF) in the State Revenue category. VLF was replaced by a backfill from property taxes following the permanent reduction of the VLF rate from 2% to 0.65% in 2004. Table 2 - Budget Amendment Summary - 2nd Quarter Fiscal Year 2017-18 PERSONNEL SUPPLIES & TOTAL TOTAL DEPARTMENT/FUND SERVICES SERVICES EXPENSE REVENUE NET COST Fire Academy 751,861 246,086 997,947$ -$ 997,947$ Fire Grants (1,648) (2,500) (4,148)$ 459,014$ (463,162)$ Public Works (219,179) 136,000 (83,179)$ (287,844)$ 204,665$ TOTAL GENERAL FUND 531,034$ 379,586$ 910,620$ 171,170$ 739,450$ GENERAL FUND 2018-02-27 Agenda Packet Page 333 P a g e | 4 The major adjustments to the General Fund Expenditures are described below. Fire Department - New Fire Academy The Fire Department will initiate a fire academy for 16 new fire recruits in January 2018. The Department calculates approximately $752,000 in personnel costs and $246,000 in supply costs to train and outfit the new recruits in Fiscal Year 2017/2018. The total cost for the fire academy and bringing the new recruits into service is approximately $1.0 million. The Department has been awarded a Federal Staffing for Adequate Fire & Emergency Response (SAFER) Grant, which the grant award was accepted by the City Council on August 8, 2017 (City Council Resolution No. 2017- 153). The SAFER Grant will partially offset the cost for 12 of the 16 new recruits. The SAFER Grant will pay for 75% (approximately $459,000) of the base personnel costs (established in the first year of service) for the recruits for Fiscal Year 2017/2018. It does not fund overtime costs (except overtime costs to comply with the Fair Labor Standards Act [FLSA]), and salaries and benefits of firefighters who are current employees or were hired prior to the grant award date. Additional benefits of the SAFER Grant are discussed in the LTFP section of this report. The academy began in January 2018 and will conclude in May 2018. Fire Department –Strike Team Deployment As part of providing mutual fire aid to other regions, the Fire Department’s Strike Team has been deployed to support other agencies efforts in fighting wild fires and helping relief efforts. The Department anticipates costs for providing the support to other agencies at $1.2 million, with reimbursement revenues of $1.2 million completely offsetting the costs. Police Department – Support for supplies and equipment The Police Department requested an increase in budget and intra-department transfers of funds to support existing software maintenance agreements and the purchase of additional field equipment. The Department is projecting additional revenue from services provided to the U.S. Marshal services to partially offset expenses. Public Works – Transfer of 1.0 Sr. Landscape Inspector The second quarter proposed actions include the transfer of 1.0 Sr. Landscape Inspector from the Public Works Department (General Fund) to the Development Services Department (Development Services Fund). The General Fund impact of this transfer will result in a decrease of personnel expenses by $83,000 and a decrease of revenues by $288,000. The decrease in revenues mainly reflects a budgetary correction in the current fiscal year. Budget Transfers Summary - 2nd Quarter Fiscal Year 2017-18 PERSONNEL SUPPLIES & OTHER OTHER CIP NON-CIP TRANSFERS TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET BUDGET OUT EXPENSE REVENUE NET COST GENERAL FUND Boards & Commissions 6,061 6,061$ -$ 6,061$ City Clerk 8,480 8,480$ -$ 8,480$ Finance Department (100,170) 155,000 54,830$ -$ 54,830$ Fire Department 1,145,170 1,145,170$ (1,200,000)$ (54,830)$ Library Department 4,875 35,314 40,189$ (40,189)$ -$ Non-Departmental (721,403) 288,000 9,885 (423,518)$ -$ (423,518)$ Non-Departmental - State Revenues -$ (20,739,945)$20,739,945$ Non-Departmental - Taxes -$ 20,739,945$ (20,739,945)$ Police Department 52,500 346,362 125,000 523,862$ (105,000)$ 418,862$ Public Works Department (136,000) 136,000 (9,885) (9,885)$ -$ (9,885)$ TOTAL OTHER FUNDS 966,375$ (34,186)$ (9,885)$ 125,000$-$ 288,000$9,885$ 1,345,189$ (1,345,189)$ -$ DEPARTMENT 2018-02-27 Agenda Packet Page 334 P a g e | 5 Library Department – Allocation of Grant and Donation Funds The Library Department is appropriating approximately $37,000 in grants, and approximately $3,000 in donations that will be used to purchase books and other services that will benefit library patrons. Other adjustments include intra-department transfers of existing budget between expense categories. The proposed second quarter expenditure adjustments total approximately $2.3 million. However, these costs are offset by an increase of approximately $1.5 million in department revenues. The net impact of the proposed adjustments to the General Fund is anticipated to be approximately $0.7 million. This impact is projected to be mostly mitigated by growth in general revenues and use of fund balance. Staff is currently monitoring City-wide utility costs as these expenses are trending higher than anticipated at the midpoint of the fiscal year. Should these costs continue to exceed previous expectations, staff will provide revised expenditure projections to address these expenses as part of the third quarter monitoring report. General Fund Reserves Based upon the previously highlighted projection adjustments in revenues and expenditures for the General Fund, Table 3 – Summary of General Fund Reserve reflects the audited General Fund reserves as of June 30, 2017 (beginning reserve balance) as well as the projected General Fund reserves for June 30, 2018 (projected ending reserve balance). City Council Policy No. 220-03 establishes a General Fund Operating Reserve Fund for the City. The General Fund Operating Reserve represents unrestricted resources available for appropriations by the City Council to address extraordinary needs. The policy sets the long-term goal of building a General Fund reserve of no Table 3 - Summary of General Fund Reserve (millions) (millions) Reserves - July 1, 2017 20.02$ 20.02$ Revenues & Transfers In(1)(2)150.85$ 152.69$ Expenditures & Transfers Out(3)(4)(5)150.85$ 153.10$ Projected Surplus/(Deficit) -$ (0.41)$ Projected Fund Balance for June 30, 2018 20.02$ 19.61$ Reserve as a Percentage of Operating Budget 13.27% 12.84% 2Projected Budget figure excludes $17.8 million in pass-through revenues generated from Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. 5The Original Budget and projections reflected in this table do not include prior year appropriations for capital improvement projects and other encumbrances totaling $5.7 million that were carried forward into the fiscal year 2017/18 budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1, 2017 and are therefore not included in the above table. General Fund Reserve Projected Budget 1Amended Budget figure excludes $18.7 million in bond proceeds and $17.8 million in pass- through revenues generated from Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. 4Figure excludes $17.8 million in transfers out of the General Fund to separate Measure P Fund. Measure P expenditures accounted for in separate Measure P Fund. Amended Budget 3Figure excludes $18.7 million in bond proceeds and $17.8 million in transfers out related to funds generated Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. 2018-02-27 Agenda Packet Page 335 P a g e | 6 less than 15% of the City’s operating expenditures. Based on current projections and the proposed actions with this report, the General Fund reserve as of June 30, 2018, is anticipated to be approximately 13% of the General Fund operating budget. Other Funds Adjustments The following recommended adjustments are for funds outside of the General Fund. The proposed adjustments, displayed in Table 4, have a net cost of approximately $3.6 million, which are entirely funded with fund balances or current year available revenues. A brief discussion follows the table on the major proposed adjustments. Adjustments of note for non-General Funds are as follows: Establish appropriations to a new debt service fund related to the Clean Renewable Energy Bonds for approximately $13.4 million (approved by City Council Resolution No. 2017-215), and a corresponding Capital Improvement Program appropriation for the Renewable Energy Upgrades CIP for approximately $13.0 million. Establish appropriations in the Federal Grants Fund for the FEMA SAFER Grant for approximately (acceptance of grant approved by City Council Resolution No. 2017-153) for the receipt and transfer-out of $459,000 to reimburse the City for costs related to hiring and training of 12 new Firefighters. Increase of funding for the Fire Department ALS program, to appropriate approximately $165,000 in additional revenues and corresponding expenses. Establish appropriations of $3.2 million from fund balance for the Parkland Acquisition and Developer Fees, which is a carryforward from FY 2017. Establish appropriations from fund balance due to higher than anticipated expenses for Open Space Districts identified in Table 4. Establish an appropriation for Tyler Munis annual Licensing Fees to the Environmental Service Fund, Development Services Fund, and Enterprise Fund for approximately $91,000. Table 4 - Budget Amendment Summary - 2nd Quarter Fiscal Year 2017-18 PERSONNEL SUPPLIES & OTHER OTHER CIP NON-CIP TRANSFERS TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET BUDGET OUT EXPENSE REVENUE NET COST OTHER FUNDS 2018 CREBS (New Fund)- - 489,926 - - - 12,903,918 13,393,844$ 13,415,019$ (21,175)$ Renewable Energy Upgrades (New Fund)- - - - 12,903,918 - - 12,903,918$ 12,903,918$ -$ Other Grants Fund 1,648 11,400 - - - - - 13,048$ 13,048$ Advanced Life Support Program Fund 188,946 (23,088) - - - - - 165,858$ 165,858$ -$ Federal Grants Fund 7,833 53,393 51,000 - - 459,014 571,240$ 558,792$ 12,448$ State Grants Fund 18,000 - - - - - 30,611 48,611$ 48,611$ -$ Measure P Sales Tax Fund - 5,000 - - - - - 5,000$ -$ 5,000$ Eastlake Maintenance District 1 Fund - 9,200 - - - - - 9,200$ -$ 9,200$ Open Space District #1 Fund - 4,900 - - - - - 4,900$ -$ 4,900$ Open Space District #8 Fund - 5,100 - - - - - 5,100$ -$ 5,100$ Open Space District #9 Fund - 4,300 - - - - - 4,300$ -$ 4,300$ Open Space District #10 Fund - 3,700 - - - - - 3,700$ -$ 3,700$ Open Space District #11 Fund - 3,200 - - - - - 3,200$ -$ 3,200$ Open Space District #14 Fund - 1,800 - - - - - 1,800$ -$ 1,800$ Open Space District #20 Fund - 10,100 - - - - - 10,100$ -$ 10,100$ Traffic Safety Fund - (25,000) 25,000 - - - -$ -$ -$ Public Educational & Government Fee Fund - 100,000 - (100,000)- - - -$ -$ -$ Parkland Acquisition & Dev Fees Fund - - 3,182,357 - - - - 3,182,357$ -$ 3,182,357$ Otay Ranch Village 1,2,6,7,12 Fund - 224,160 - - - - - 224,160$ -$ 224,160$ Otay Ranch Preserve Fund - 1,618 - - - - - 1,618$ -$ 1,618$ Development Services Fund 79,957 3,222 - - - 26,500 - 109,679$ 79,957$ 29,722$ Utility Tax Settlement Fund - 12,487 1,000 46,726 - - - 60,213$ -$ 60,213$ Environment Services Fund - - - - - 4,500 - 4,500$ -$ 4,500$ Sewer Service Revenue Fund - - - - - 60,000 - 60,000$ -$ 60,000$ TOTAL OTHER FUNDS 296,384$ 505,492$ 3,673,283$(77,274)$ 12,903,918$91,000$ 13,393,543$30,786,346$ 27,172,155$ 3,614,191$ FUND 2018-02-27 Agenda Packet Page 336 P a g e | 7 Measure P Fund Overview In November 2016, Chula Vista voters approved Measure P, authorizing a ½ cent sales tax increase on retail sales within the City for ten years. The funding from the sales tax measure is to allow the City to make progress toward replacing and repairing failing City assets. In December 2016, the City Council adopted the expenditure plan for the Measure P funding. The expenditure plan identified critical deferred maintenance and infrastructure projects for which the Measure P funding was to be allocated toward. The following table provides an update on the allocation and expenditures (unaudited) for the Measure P funds. Table 5 Measure P Citywide Infrastructure, Facilities and Equipment Expenditure Plan 1/2 cent Sales Tax Revenues over 10 year period Summary Table 10-Year Expend As Of Remaining Total by Major Category Timeframe 12/31/2017 Balance Fire Services Fire Stations Repairs/Replacement 22,839,549$ 10,911$ 22,828,638$ Fire Response Vehicles 19,847,580$ 763,016$ 19,084,564$ Fire Safety Equipment 5,197,913$ 188,356$ 5,009,557$ Total Fire Services 47,885,042$ 962,283$ 46,922,759$ Police Services Police Response Vehicles 12,951,470$ 1,083,702$ 11,867,768$ Public Safety Communication Systems 8,624,832$ 1,648,764$ 6,976,068$ Police Facility Repairs 1,509,000$ 53,088$ 1,455,912$ Total Police Services 23,085,302$ 2,785,554$ 20,299,748$ Infrastructure Streets 24,474,861$ 340,555$ 24,134,306$ Other Public Infrastructure 14,154,295$ -$ 14,154,295$ Sports Fields and Courts 16,966,595$ 73,718$ 16,892,877$ Non-Safety Vehicles 11,195,100$ 56,070$ 11,139,030$ Public Facilities 13,100,000$ 239,908$ 12,860,092$ Traffic Signal Systems 7,000,000$ -$ 7,000,000$ Park Infrastructure 7,682,740$ -$ 7,682,740$ Citywide Network Replacement 2,045,000$ -$ 2,045,000$ Citywide Telecommunications 2,000,000$ -$ 2,000,000$ Total Infrastructure 98,618,591$ 710,251$ 97,908,340$ Total Proposed Allocations 169,588,935$ 4,458,088$ 165,130,847$ 2018-02-27 Agenda Packet Page 337 P a g e | 8 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council of the City of Chula Vista members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City of Chula Vista 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 action supports the Operational Excellence goal by communicating the City’s projected financial position for the current fiscal year in an open and transparent manner. This transparency supports City Initiative 1.3.1. - “Foster public trust through an open and ethical government.” CURRENT-YEAR FISCAL IMPACT The second quarter report highlights multiple proposed actions impacting the General Fund. As a result of the revised projected revenues and expenditures within this report, the overall General Fund expenditures are projected to exceed projected revenues by approximately $406,000. While overall revenues are projected to increase by $3.3 million, approximately $1.8 million are related to an increase of funding generated by the Measure P Sales tax, which will be transferred to the Measure P Fund, and has no impact to the General Fund operating budget. The remaining projected increase in revenue is primarily related to increases in property tax and other non-major revenue categories. Projected increases to expenditures are driven by costs related to the implementation of a fire academy ($1.0 million) and additional field and technology support for the Police Department. As the projected revenue and expenditure difference is relatively small, staff will continue to monitor actual revenue receipts and expenditures to determine if any budget adjustments will be needed in the future. Across the non-General Fund funds, multiple actions are recommended for the second quarter, leading to a net cost of approximately $3.6 million to non-General Fund accounts. These costs are to be addressed with fund balances or revenues from current year services. ONGOING FISCAL IMPACT There is no ongoing fiscal impact related to this action for the General Fund. The 2017 Measure P Revenue Bonds will have ongoing debt service costs of $8.4 million per year, which is approximately half of the annual projected revenue. The impacts related to actions approved by Council since the adoption of the budget in June 2017 are reflected in the Long Term Financial Plan section of the attached quarterly report. 2018-02-27 Agenda Packet Page 338 P a g e | 9 ATTACHMENTS 1. FY2018 Second Quarter Financial Report Staff Contact: David Bilby, Finance Department Proposed Forecast Forecast Forecast Forecast Forecast Description FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Revenues: MAJOR DESCRETIONARY REVENUES 127.42$ 128.88$ 132.31$ 134.64$ 136.99$ 139.50$ OTHER REVENUES 61.76$ 40.67$ 40.94$ 41.20$ 41.03$ 41.30$ NEW DEVELOPMENT REVENUES -$ 3.25$ 2.96$ 4.07$ 5.05$ 6.03$ TOTAL REVENUES 189.18$ 172.80$ 176.20$ 179.92$ 183.07$ 186.84$ Expenditures: PERSONNEL SERVICES EXPENDITURES 125.74$ 130.32$ 135.82$ 141.52$ 147.29$ 152.94$ OTHER EXPENDITURES 63.85$ 46.98$ 48.22$ 49.88$ 51.50$ 52.43$ NEW DEVELOPMENT EXPENDITURES -$ 1.55$ 5.04$ 6.70$ 10.72$ 12.18$ TOTAL EXPENDITURES 189.59$ 178.84$ 189.08$ 198.10$ 209.52$ 217.56$ TOTAL GENERAL FUND SURPLUS/(DEFICIT)(0.41)$ (6.04)$ (12.88)$ (18.18)$ (26.45)$ (30.72)$ SURPLUS/(DEFICIT) AS % OF BUDGET 0% -3% -7% -9% -13% -14% 2018-02-27 Agenda Packet Page 339 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2017/18 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS,the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending December 31, 2017 and is recommending a number of budget amendments; and WHEREAS, staff is recommending $2,255,812 in appropriations to various departments in the General Fund that will be offset by $1,516,359 in revenues resulting in a net impact of $739,453; and WHEREAS, the Other Grants Fund, Federal Grants Fund, Measure P Sales Tax Fund, Eastlake Maintenance District 1 Fund, Open Space Districts #1 Fund, Open Space District #8 Fund, Open Space District #9 Fund, Open Space District #10 Fund, Open Space District #11 Fund, Open Space District #14 Fund, Open Space District #20 Fund, Parkland Acquisition and Development Fees Fund, Otay Ranch Village 1,2,6,7,12 Fund, Otay Ranch Reserve Fund, Development Services Fund, Environmental Services Fund, and the Sewer Service Revenue Fund will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of these funds; and WHEREAS, the 2018 CREBS Fund will be positively impacted as a result of increased revenues resulting from the recommended changes; and WHEREAS,the recommended adjustments to the Renewable Energy Upgrades Fund (New), Advanced Life Support Program Fund, State Grants Fund, Traffic Safety Fund, and the Public Educational & Government Fee Fund consist of offsetting transfers between expenditure categories and are neutral resulting in no net impact to these funds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2017/18 budget and approves the following appropriations and transfers: 2018-02-27 Agenda Packet Page 340 Summary of General Fund Appropriations and/or Transfers Summary of Appropriations and/or Transfers for Other Funds Presented by Approved as to form by David Bilby Glen R. Googins Director of Finance/Treasurer City Attorney Budget Amendment Summary - 2nd Quarter Fiscal Year 2017-18 PERSONNEL SUPPLIES & TOTAL TOTAL DEPARTMENT/FUND SERVICES SERVICES EXPENSE REVENUE NET COST Fire Academy 751,861 246,086 997,947$ -$ 997,947$ Fire Grants (1,648) (2,500) (4,148)$ 459,014$ (463,162)$ Public Works (219,179) 136,000 (83,179)$ (287,844)$ 204,665$ TOTAL GENERAL FUND 531,034$ 379,586$ 910,620$ 171,170$ 739,450$ GENERAL FUND Budget Transfers Summary - 2nd Quarter Fiscal Year 2017-18 PERSONNEL SUPPLIES & OTHER OTHER NON-CIP TRANSFERS TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT EXPENSE REVENUE NET COST GENERAL FUND Boards & Commissions 6,061 6,061$ -$ 6,061$ City Clerk 8,480 8,480$ -$ 8,480$ Finance Department (100,170) 155,000 54,830$ -$ 54,830$ Fire Department 1,145,170 1,145,170$ (1,200,000)$ (54,830)$ Library Department 4,875 35,314 40,189$ (40,189)$ -$ Non-Departmental (721,403) 288,000 9,885 (423,518)$ -$ (423,518)$ Non-Departmental - State Revenues -$ (20,739,945)$20,739,945$ Non-Departmental - Taxes -$ 20,739,945$ (20,739,945)$ Police Department 52,500 346,362 125,000 523,862$ (105,000)$ 418,862$ Public Works Department (136,000) 136,000 (9,885) (9,885)$ -$ (9,885)$ TOTAL OTHER FUNDS 966,375$ (34,186)$ (9,885)$ 125,000$288,000$9,885$ 1,345,189$ (1,345,189)$ -$ DEPARTMENT PERSONNEL SUPPLIES & OTHER OTHER CIP NON-CIP TRANSFERS TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET BUDGET OUT EXPENSE REVENUE NET COST OTHER FUNDS 2018 CREBS (New Fund)- - 489,926 - - - 12,903,918 13,393,844$ 13,415,019$ (21,175)$ Renewable Energy Upgrades (New Fund)- - - - 12,903,918 - - 12,903,918$ 12,903,918$ -$ Other Grants Fund 1,648 11,400 - - - - - 13,048$ 13,048$ Advanced Life Support Program Fund 188,946 (23,088) - - - - - 165,858$ 165,858$ -$ Federal Grants Fund 7,833 53,393 51,000 - - 459,014 571,240$ 558,792$ 12,448$ State Grants Fund 18,000 - - - - - 30,611 48,611$ 48,611$ -$ Measure P Sales Tax Fund - 5,000 - - - - - 5,000$ -$ 5,000$ Eastlake Maintenance District 1 Fund - 9,200 - - - - - 9,200$ -$ 9,200$ Open Space District #1 Fund - 4,900 - - - - - 4,900$ -$ 4,900$ Open Space District #8 Fund - 5,100 - - - - - 5,100$ -$ 5,100$ Open Space District #9 Fund - 4,300 - - - - - 4,300$ -$ 4,300$ Open Space District #10 Fund - 3,700 - - - - - 3,700$ -$ 3,700$ Open Space District #11 Fund - 3,200 - - - - - 3,200$ -$ 3,200$ Open Space District #14 Fund - 1,800 - - - - - 1,800$ -$ 1,800$ Open Space District #20 Fund - 10,100 - - - - - 10,100$ -$ 10,100$ Traffic Safety Fund - (25,000) 25,000 - - - -$ -$ -$ Public Educational & Government Fee Fund - 100,000 - (100,000)- - - -$ -$ -$ Parkland Acquisition & Dev Fees Fund - - 3,182,357 - - - - 3,182,357$ -$ 3,182,357$ Otay Ranch Village 1,2,6,7,12 Fund - 224,160 - - - - - 224,160$ -$ 224,160$ Otay Ranch Preserve Fund - 1,618 - - - - - 1,618$ -$ 1,618$ Development Services Fund 79,957 3,222 - - - 26,500 - 109,679$ 79,957$ 29,722$ Utility Tax Settlement Fund - 12,487 1,000 46,726 - - - 60,213$ -$ 60,213$ Environment Services Fund - - - - - 4,500 - 4,500$ -$ 4,500$ Sewer Service Revenue Fund - - - - - 60,000 - 60,000$ -$ 60,000$ TOTAL OTHER FUNDS 296,384$ 505,492$ 3,673,283$(77,274)$ 12,903,918$91,000$ 13,393,543$30,786,346$ 27,172,155$ 3,614,191$ FUND 2018-02-27 Agenda Packet Page 341 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 1 OVERVIEW This financial report summarizes the City’s General Fund financial position for fiscal year 2018 through December 31, 2017, and projections for the remainder of the year ending on June 30, 2018. The purpose of this report is to provide the City Council, Management and the citizens of Chula Vista an update on the City’s fiscal status based on the most recent financial information. This report also includes a brief status update of the Measure P revenue as well as an update on the City’s long-term financial plan (LTFP). The LTFP is a forecast of ten future years based upon information available at the time and is updated annually to reflect the most current information available. This quarterly financial report contains an update of the years up until 2027 (attached) and a discussion about the next five years. The LTFP was first presented with the City’s Fiscal Year 2017-18 budget. NATIONAL, STATE, AND REGION ECONOMIC UPDATE The National Forecast1 - In the December 2017 UCLA Anderson Forecast (final quarterly report for 2017), Senior Economist David Shulman projects mixed results for the economy as the United States awaits the outcome of several programs and initiatives. In his outlook for the national economy, Shulman notes that the near-term outlook is optimistic, anticipating a 3% growth in the economy for 2017 due to strong equipment spending, the discussion related to the proposed tax bills, and an uptick in consumer wages and spending. Riding the momentum generated in late 2017, Shulman expects the 3% economic growth rate to continue through the second quarter of 2018. However, as the unemployment rate drops below 4% and employment growth stalls in the face of a labor shortage, economic growth is anticipated to drop back to a 2% growth rate. By the end of the forecast horizon in 2019, real GDP growth could drop to below 1.5% as the outlook becomes uncertain. Within the December forecast, Shulman cites several activities that could impact the direction of the 1 Source: UCLA Anderson Forecast, December 2017 economy. These include the uncertainty related to the proposed tax bills, a projected increase in defense spending, a change in the Fed chairman, and an increase in wage growth leading to an increase in inflation. As the December forecast (most recent) was developed in late November 2017, there was uncertainty related to the components of the tax bills that were making their way through Congress. Future forecasts will refine the modeling based upon the approved tax bill. Shulman was certain that the next few years would reverse the seven-year annual decline in defense spending. The December forecast projects real defense spending will increase by 2% and 2.7% in 2018 and 2019, respectively. A new Fed Chair, Jerome Powell, will be appointed in 2018. As Powell’s views on monetary policy are similar to those held by the current Fed Chair, Janet Yellen, no significant changes are anticipated. Shulman expects the gradual interest rate normalization policy that has been underway in 2017 will continue into 2019. By the end of 2019, the fed funds rate is projected to be approximately 3%. Lastly, the December forecast projects the future quarterly track for inflation will be in excess of 2% throughout the forecast horizon. The primary source of the rising rate of inflation will be a significant rebound in wage growth. After trending in the 2% range, Shulman forecasts acceleration in total compensation growth to approximately 4% by late 2018 on a year-over-year basis. The California Forecast2 - UCLA Anderson Senior Economist Jerry Nickelsburg notes two key issues that may impact projections from previous forecasts. First, the new tax bill may dampen the housing market, which will reduce economic growth in the state. Second, the investment incentive, in particular the bringing forward of investment because of expensing, increases the forecasted growth rate for employment and income in 2018, though reduces it slightly by the end of 2019. Nickelsburg states, “The most likely outcome of these two opposite economic forces is for California’s unemployment rate to fall to 4.6% by the end of the forecast period (2019)”. 2 Source: UCLA Anderson Forecast: A Downshift in Growth Expected for the Nation and California; retrieved from URL: http://www.anderson.ucla.edu/centers/ucla-anderson-forecast/december- 2017-economic-outlook 2018-02-27 Agenda Packet Page 342 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 2 The Forecast projects the total employment growth to be 1.2%, 1.5%, and 1.1% in 2017, 2018, and 2019, respectively. Payrolls are anticipated to grow at about the same rate over the forecast period. Real personal income growth is forecasted to be 1.6%, 3.1% and 3.6% in 2017, 2018, and 2019, respectively. Homebuilding is anticipated to reach approximately 121,400 units per year at the end of the forecast horizon. The San Diego Forecast3 -The University of San Diego (USD) Burnham-Moores Center for Real Estate’s (BMC) Index of Leading Economic Indicators for San Diego County rose 0.6 percent in November and another 1.4 percent in December. December’s sharp rise was due to huge gains in building permits, along with strong gains for initial claims for unemployment insurance, online help wanted advertising, and the outlook for the national economy. Local stock prices and consumer confidence were both up slightly in December. December’s gain was the largest since March 2015 and pushed the USD Index (149.0) close to an all-time high (the Index topped the 150 level for a few months back in 2000). It also marked the 14th straight month in which the Index was either positive or unchanged. The outlook for the local economy remains positive through the end of 2018. Wage and salary employment growth of about 25,000 is expected for next year. That number has been higher in the past, but with the local unemployment rate at an all-time low, job growth could be limited by a shortage of workers. If wages increase due to the tight labor market, that might help in attracting workers to the region and help with housing affordability. 3 Source: University of San Diego School of Business Administration, USD Index of Leading Economic Indicators, December 2017; retrieved from URL: http://home.sandiego.edu/~agin/usdlei/index.html San Diego Index of Leading Economic Indicators San Diego County, 2012 – 2017 GENERAL FUND PROJECTIONS FOR FISCAL YEAR 2017-18 AFTER SECOND QUARTER General Fund Reserves – Chula Vista’s General Fund Reserve policy was established to ensure that the City’s finances are managed in a manner which will: 1. Continue to provide for the delivery of quality services; 2. Maintain and enhance service delivery as the community grows in accordance with the General Plan 3. Minimize or eliminate the need to raise taxes and fees because of temporary revenue shortfalls; and 4. Establish the reserves necessary to meet known and unknown future obligations and ability to respond to unexpected opportunities. The following table displays the unaudited General Fund reserves as of June 30, 2017 as well as the projected General Fund reserves for June 30, 2018. 2018-02-27 Agenda Packet Page 343 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 3 Overview At the end of the second quarter, the City’s financial outlook is projected to be primarily unchanged as the revised projections anticipate growth in expenditures slightly outpacing growth in revenues. Based on current projections, revenues are anticipated to increase by $3.3 million and expenditures are anticipated to increase by $3.7 million for a difference of approximately $406,000. A primary driver of the increase in revenues and expenditures is a projected increase in funds generated by the Measure P Sales Tax bill. Based on current projections, funds generated by Measure P are anticipated to exceed current projections by approximately $1.5 million for the fiscal year. This amount is reflected in both revenues and expenditures as these funds are received by the City’s General Fund as revenue but are then transferred out (expenditure) to the 2016 Measure P Fund to track and monitor these funds. As these funds do not impact the City’s operating budget these funds have been excluded from the previous table. Exclusive of Measure P funds, the primary factors impacting the projected increase in expenditures are: the Fire Department undertaking a fire academy to support department staffing levels; and providing additional field equipment and technology support for the Police Department. The Fire and Police Department have identified revenues to either partially or completely offset the increase in expenditures. For revenues, Transient Occupancy Tax and Sales Tax projections are trending lower than the Amended Budget projection, but the decline is anticipated to be offset by increases in other revenue categories. Additional information related to General Fund expenditures and revenues are provided within this report. Revenues The following table shows the Amended Budget and Projected Budget revenues. The budgeted amounts include all previously approved budget amendments as well as the change in projections included in this report. Overall, General Fund revenues are projected to increase by approximately $3.3 million above the current Amended Budget amounts. This is a result of an increase in various revenue categories and a slight projected decrease in the Transient Occupancy Tax and Sales Tax projections as detailed in the following table. The City receives revenue from multiple sources, the primary sources being Sales Tax, Property Tax, Property Tax in lieu of Vehicle Licenses Fees (VLF), Franchise Fees, Utility User Fees, and Transient Occupancy Tax. These are considered the major revenue sources for the City. Changes in projections to these sources have the greatest impact on the (millions) (millions) Reserves - July 1, 2017 20.02$ 20.02$ Revenues & Transfers In(1)(2)150.85$ 152.69$ Expenditures & Transfers Out(3)(4)(5)150.85$ 153.10$ Projected Surplus/(Deficit) -$ (0.41)$ Projected Fund Balance for June 30, 2018 20.02$ 19.61$ Reserve as a Percentage of Operating Budget 13.27% 12.84% 2Projected Budget figure excludes $17.8 million in pass-through revenues generated from Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. 5The Original Budget and projections reflected in this table do not include prior year appropriations for capital improvement projects and other encumbrances totaling $5.7 million that were carried forward into the fiscal year 2017/18 budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1, 2017 and are therefore not included in the above table. General Fund Reserve Projected Budget 1Amended Budget figure excludes $18.7 million in bond proceeds and $17.8 million in pass- through revenues generated from Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. 4Figure excludes $17.8 million in transfers out of the General Fund to separate Measure P Fund. Measure P expenditures accounted for in separate Measure P Fund. Amended Budget 3Figure excludes $18.7 million in bond proceeds and $17.8 million in transfers out related to funds generated Measure P sales tax. Measure P revenues accounted for in separate Measure P Fund. Revenue Category Amended Budget Projected Budget Variance Property Taxes 33,620,932$ 33,691,992$ 71,060$ Sales Tax 33,767,466$ 33,737,411$ (30,055)$ Measure P Sales Tax 16,320,000$ 17,796,000$ 1,476,000$ PT in lieu of Motor Vehicle License Fee (VLF)1 20,844,039$ 21,164,029$ 319,990$ Franchise Fees 11,968,646$ 11,968,646$ -$ Utility Users Tax 5,860,328$ 5,860,328$ -$ Transient Occupancy Taxes 4,316,267$ 4,036,267$ (280,000)$ Other Revenue 10,881,080$ 11,810,903$ 929,823$ Transfers In 11,260,552$ 11,750,177$ 489,625$ Charges for Services 8,255,255$ 8,502,923$ 247,668$ Revenue from Other Agencies 1,951,180$ 1,989,144$ 37,964$ Use of Money & Property 2,921,115$ 2,963,307$ 42,192$ Other Local Taxes 1,424,643$ 1,424,643$ -$ License and Permits 1,524,632$ 1,541,039$ 16,407$ Fines, Forfeitures, Penalties 1,075,423$ 1,079,062$ 3,639$ Real Property Transfer Tax 1,173,550$ 1,173,550$ -$ TOTAL REVENUES 167,165,108$ 170,489,421$ 3,324,313$ 1Property Tax in Lieu of Vehicle License Fees was previously accounted for as Motor Vehicle License fees (VLF) in the State Revenue category. VLF was replaced by a backfill from property taxes following the permanent reduction of the VLF rate from 2% to 0.65% in 2004. 2018-02-27 Agenda Packet Page 344 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 4 City’s financial projections. The following are brief status updates on these revenue sources. Sales Tax (exclusion of funds generated by Measure P) –Revenue from the Bradley-Burns sales tax (1% of retail sales) continues to be the City’s largest revenue source as projected for Fiscal Year 2017/18. This revenue (totaling approximately $33.7 million) makes up approximately 20% of General Fund revenues for Fiscal Year 2017/2018. Detailed collection data is provided by the State Board of Equalization and analyzed by the City’s sales tax advisor HdL Companies. The most current data available is for the third calendar year quarter, July through September of 2017. Compared to the same prior-year quarter, sales tax receipts grew by a modest 5%, although there were variations within the seven major industry categories. The Autos and Transportation category showed a 3% decline in sales while the Business and Industry category increased by 8%. The largest producing industry category, in terms of gross sales, is General Consumer Goods grew by 6% in comparison to the same 2016 quarter. Other sectors experienced increases when compared to the same quarter in 2016; these included Fuel & Service Stations (8%), Restaurants and Hotels (1%), Building and Construction (16%) and Food & Drugs (5%). City staff will continue to monitor sales taxes for the impact of internet sales. Taxes collected by on-line retailers go into a countywide pool and are distributed to the Cities based upon share of countywide sales rather than by population. Chula Vista represents 8.5% of the population of the County, but only 6% of the County sales. This method tends to disfavor Chula Vista and may result in further revisions to sales tax projections. The Sales Tax chart below represents actual Sales Tax collections since Fiscal Year 2012/13 and the projection for Fiscal Year 2017/18. Measure P Sales Tax –Revenue allocations from the Measure P Sales Tax for the second quarter of the fiscal year, $4.7 million, exceed allocations received in the first quarter of the fiscal year, $3.9 million, by approximately $0.8 million. As with the Sales Tax revenue category, the General Consumer Goods (33%), Autos and Transportation (19%), and Business and Industry (14%) categories make up a majority (66%) of the driving factors in funds generated by Measure P. Based upon data from HdL Companies, the projected year-end revenue from Measure P has been increased from $16.3 million to $17.8 million, an increase of approximately $1.5 million from the Amended Budget projections. Staff will continue working with HDL over the coming quarter to refine these projections and will report back in the next quarterly financial report. The following chart represents actual Sales Tax collections for fiscal years 2013/14 through 2016/17. The remaining chart columns display the projections from the City’s Long-Term Financial Plan estimates, including projections for revenue generated by new development. The projections for the next five years have a conservative modest growth estimate of approximately 1.0% annually, compared to an historical growth average of 3.2% for the prior five years. SALES TAX & MEASURE P SALES TAX Note: Beginning with Fiscal Year 2017, Sales Tax revenue is being recorded using a 90- rather than 60- day accrual basis. As a result, the Base 1% revenue for Fiscal Year 2016/17 is inflated by the September 2016 clean up payment ($744,000) that was accrued $29 $30 $33 $33 $33 $33 $33 $34 $34 $34 $4 $18 $18 $18 $18 $18 $18 $0.2 $0.3 $0.5 $0.6 $0.7 $- $10 $20 $30 $40 $50 $60 $70 FY 14 FY 16 FY18P FY20P FY22PMillions Base 1% Sales Tax Measure P New Development 2018-02-27 Agenda Packet Page 345 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 5 to Fiscal Year 2017 under the old 60-day accrual schedule. Property Taxes - The City of Chula Vista receives a portion of the property tax revenue based upon a 1.0% levy on the assessed value of all real property. Property tax is the City’s second largest revenue source, representing approximately 20% of projected General Fund revenues for Fiscal Year 2017/18. The assessed value of all property in the City of Chula Vista is projected to grow by 6.01% in Fiscal Year 2017/18 which mirrors the average growth throughout the County of San Diego. In its June 2017 annual report on property values, the County Assessor’s office attributed the increase, the fifth year of countywide increases, to the consistent steady growth in the real estate market. With median home prices having grown annually by 5-6% for several years, the Assessor projected that this growth trend would likely continue in the near future. The City of Chula Vista’s long-term financial plan, however, has been developed using growth rate of 3% for the property tax on current secured (land and improvements) and 1% on current unsecured (business equipment, boats & aircraft) property and other. These growth rates are more conservative but likely more reliable than relying upon a 5% and 6% growth factor. Worth pointing out is that the Property Tax In Lieu of Vehicle License Fee is actually property taxes that are redistributed to municipalities as a result of 2004 legislation. These are shown as a separate revenue category from Property Tax for comparison purposes. The growth in this revenue is based upon the growth in the City’s assessed valuation. The growth rate that the City of Chula Vista experienced in Fiscal Year 2017/18 was 6.1%, compared to the budgeted estimate of a 3% growth. The chart below shows actual Property Tax revenues since Fiscal Year 2013/14 and the projections for Fiscal Years 2017/18 through 2022/23, including projected growth associated with new development. PROPERTY TAXES Motor Vehicle License Fee (VLF)– Since the State Budget Act of 2004, the allocation of VLF revenues to cities and counties was substantially changed. Beginning in 2005/06, the majority of VLF revenues for each city grew essentially in proportion to the growth in the change in gross assessed valuation. Due to this change in the formula by the State, the majority of the City’s VLF revenues fluctuate with changes in assessed values in the City. The projection for VLF revenues has been revised upward $0.3 million to $21.2 million in the second quarter reflecting the improvement in assessed valuations. The following chart represents actual VLF revenues since Fiscal Year 2013/14 and the projection for Fiscal Years 2017/18 through 2022/23. The City projects a 3% growth rate for these revenues, which mirrors the growth rate for property taxes. $27 $29 $30 $31 $34 $34 $35 $36 $37 $38 $0 $1 $1 $1 $2 $2 $- $5 $10 $15 $20 $25 $30 $35 $40 $45 FY 14 FY 16 FY 18 FY 20 FY 22Millions Property Tax Base New Development 2018-02-27 Agenda Packet Page 346 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 6 MOTOR VEHICLE LICENSE FEE Franchise Fees - Franchise fee revenues are generated from public utility sources such as San Diego Gas & Electric (2% on gas and 1.25% on electricity), trash collection franchises (20% fee), and cable franchises (5% fee) conducting business within City limits. SDG&E collects the franchise fee from Chula Vista customers and remits these revenues to the City. Trash franchise fees and cable fees are based on fixed rates. There is no change in in the projection for Franchise Fee revenues in the 2nd Quarter. Franchise Fee revenues are projected at the budgeted level $12.0 million. This is an increase over Fiscal Year 2016/17 actuals of approximately 4%. The following chart represents actual franchise fee revenues since Fiscal Year 2013/14 and the projection for Fiscal Years 2017/18 through 2022/23. The City projects a 3% growth rate for these revenues from Fiscal Year 2018/19 to through Fiscal Year 2022/23. FRANCHISE FEES Utility Users Tax (UUT)- by The City adopted its Utility Users Tax (UUT) in 1970. The City of Chula Vista imposes a UUT on the use of telecom at the rate of 4.75% of gross receipts. The UUT on natural gas services is $0.00919 per therm and $0.00250 per kilowatt on electricity services, which equates to approximately a 1% tax. UUT revenues are anticipated to be in-line with the amounts projected in the Amended Budget. The following chart reflects actual UUT revenue since Fiscal Year 2013/14 and the projection for Fiscal Years 2017/18 through 2022/23. The City projects a 1% growth rate for these revenues from Fiscal Year 2018/19 to through Fiscal Year 2022/23. $17 18 $19 $20 $20 $21 $21 $22 $23 $23 $24 $0 $5 $10 $15 $20 $25 $30 FY14 FY16 FY17 FY19 FY21 FY23Millions $9 $11 $12 $12 $12 $12 $12 $12 $12 $12 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 FY14 FY16 FY18 FY20 FY22Millions 2018-02-27 Agenda Packet Page 347 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 7 UTILITY USERS TAX *Note: Increased fiscal year 2013/14 Utility User’s tax revenue reflect a mid-year appropriation (Council resolution 2013-092) of previously collected wireless telecommunication related tax revenue that was utilized to fund attorney and City administrative costs pertaining to a City class-action lawsuit. Transient Occupancy Tax (TOT)- The City receives 10% of hotel and motel room rates for stays less than 30 days. TOT revenues have reflected a positive trend that began in fiscal year 2012 and has subsequently continued. The potential for significant revenue growth is feasible provided additional hotels are built capturing the market created by the growth in the eastern section of the City. Several impending new hotel developments are being proposed in the City, primarily in the Millenia and Bayfront projects. Fiscal year 2017/18 TOT revenues are estimated at $4.3 million based on the previous fiscal year’s growth trend and a new hotel that was opened this fiscal year. TOT revenues are projected to decrease slightly in the 2nd quarter, estimated to come in lower than the budgeted level by $0.3 million. However, staff will continue to monitor these revenues for the remainder of the fiscal year, and will update this projection as part of future quarterly reports. The following chart represents actual TOT revenues since Fiscal Year 2013/14 and the projection for Fiscal Year 2017/18 through 2022/23. TRANSIENT OCCUPANCY TAX (TOT) Expenditures The General Fund’s amended budget reflects the Council adopted budget of $166.6 million, Council approved first quarter appropriations of $0.6 million, and $5.7 million of prior year encumbrances that were carried over into the current fiscal year. As of the end of the second quarter, the amended budget totals $172.9 million. The following table reflects the General Fund amended budget and actual expenditures by department as of December 31, 2017. In total, Departments have expended $82.5 million or 48% of the General Fund budget after 50% of the fiscal year has elapsed. Overall, departmental expenditures are tracking consistent with the budget as of the end of the second quarter. However, staff is monitoring the ongoing City-wide utility expenditures as these costs appear to be trending higher than anticipated. Staff will propose future actions to address this issue if the trend continues through the fiscal year. $15 $6 $6 $6 $6 $6 $6 $6 $6 $6 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 FY14* FY16 FY18 FY20 FY22Millions $3 $3 $4 $4 $4 $4 $6 $6 $6 $6 $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 FY14 FY16 FY18 FY20 FY22Millions 2018-02-27 Agenda Packet Page 348 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 8 GENERAL FUND EXPENDITURES AS OF 12/31/2017 The following table reflects the projected expenditures for June 30, 2018. At of the end of the second quarter, there are four departments that are projecting expenditure deficits. These include Police, Fire, Public Works and Library. The projected deficits for these departments are within the Personnel Services and Supplies and Services expenditure categories. The projected personnel services deficits in the Police ($1.6) million and Fire department ($0.05) million are attributed to higher overtime costs. Police is continuing efforts to isolate the specific sources to mitigate the growth of this deficit. The projected deficit in the Fire Department is smaller and is projected to be contained within the department’s budget. A projected $0.1 million deficit in Personnel Services expenditures is projected for the Library due to increased hourly wage expenses that are required to maintain current operation levels. Overall, the deficits in these departments are projected to be partially offset with savings in other departments that are either under-filling or maintaining vacant positions. Deficits within the Supplies and Services category are also projected for the Police and Public Works departments. The Police department is projected to exceed its supplies and services budget by $0.3 million. Similar to what was reported in the first quarter, the cause for the deficit is due to ammunition, uniforms, training, and contractual costs. To mitigate this deficit, the Department is proactively seeking cost-saving measures and continuously improving processes to enhance operational efficiencies. The Public Works department is projected to exceed its supplies and services budget by $0.2 million. This is due to unanticipated expenses related to numerous repairs to City facilities and infrastructure. The department will be seeking to make transfers from other expenditure categories with projected savings and to appropriate revenues to mitigate this deficit. GENERAL FUND PROJECTIONS BY DEPARTMENT FOR JUNE 30, 2018 Staff will continue to monitor General Fund expenses and look for potential cost saving measures in order to remain within budget during the current fiscal year. LONG-TERM FINANCIAL PLAN UPDATE – FISCAL YEARS 2019TO 2023 A primary focus of this financial report is to review and reconsider the Long-Term Financial Plan (LTFP), looking beyond the current fiscal year at fiscal issues facing the City on the horizon. The LTFP was presented with the fiscal year 2017-18 budget in March, May, and finally in June 2017. The changes to the LTFP from that which was presented in June 2017 include (1) modified sales tax and in-lieu motor vehicle license fee projections; (2) revised personnel costs to reflect recent labor contracts; (3) updated Department Amended Budget Expended as of 12/31/17 % Expended City Council $ 1,612,138 $ 908,767 56.4% Boards & Commissions $ 15,671 $ 15,660 99.9% City Clerk $ 1,016,690 $ 493,887 48.6% City Attorney $ 3,054,919 $ 1,559,621 51.1% Administration $ 2,061,997 $ 1,222,430 59.3% Information Technology $ 3,875,379 $ 2,021,258 52.2% Human Resources $ 2,816,013 $ 1,475,024 52.4% Finance $ 3,821,990 $ 2,157,892 56.5% Non-Departmental $ 29,280,122 $ 3,010,603 10.3% Animal Care Facility $ 3,013,262 $ 1,623,962 53.9% Economic Development $ 2,206,800 $ 1,225,533 55.5% Planning & Building $ 2,708,065 $ 1,575,562 58.2% Engineering/Capital Project $ 8,756,724 $ 4,441,781 50.7% Police $ 53,559,193 $ 29,794,987 55.6% Fire $ 28,603,936 $ 16,611,555 58.1% Public Works $ 18,202,340 $ 9,850,837 54.1% Recreation $ 4,493,631 $ 2,261,924 50.3% Library $ 3,817,784 $ 2,227,011 58.3% TOTAL EXPENDITURE BUDGET $ 172,916,654 $ 82,478,294 47.7% Department Amended Budget Proposed Budget Variance City Council $ 1,612,138 $ 1,612,138 $ - Boards & Commissions $ 15,671 $ 21,732 $ 6,061 City Clerk $ 1,016,690 $ 985,972 $ (30,718) City Attorney $ 3,054,919 $ 2,937,659 $ (117,260) Administration $ 2,061,997 $ 2,043,017 $ (18,980) Information Technology $ 3,875,379 $ 3,845,080 $ (30,299) Human Resources $ 2,816,013 $ 2,640,462 $ (175,551) Finance $ 3,821,990 $ 3,662,522 $ (159,468) Non-Departmental $ 29,280,122 $ 30,206,061 $ 925,939 Animal Care Facility $ 3,013,262 $ 2,995,437 $ (17,825) Economic Development $ 2,206,800 $ 2,071,720 $ (135,080) Planning & Building $ 2,708,065 $ 2,778,190 $ 70,125 Engineering/Capital Project $ 8,756,724 $ 9,084,350 $ 327,626 Police $ 53,559,193 $ 53,907,371 $ 348,178 Fire $ 28,603,936 $ 31,431,602 $ 2,827,666 Public Works $ 18,202,340 $ 18,278,278 $ 75,938 Recreation $ 4,493,631 $ 4,258,545 $ (235,086) Library $ 3,817,784 $ 3,886,349 $ 68,565 TOTAL EXPENDITURE BUDGET $ 172,916,654 $ 176,646,485 $ 3,729,831 2018-02-27 Agenda Packet Page 349 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 9 CalPERS rates for fiscal year 2019; (4) the addition of twelve new firefighter positions authorized in August 2017; (5) new technology costs in the Police Department, and (6) the change in the estimated opening of the Millennia Fire station from 2019 to 2020. Like the version shown previously in June 2017, this updated version includes cost projections for new peace officers, the new Bayfront Fire Station and new park maintenance expenses for the Millennia Parks. The purpose of this review is to highlight the structural imbalances that the City will face beginning in the next fiscal year, and to focus problem solving efforts toward a menu of viable options. These projections will continue to evolve as new information becomes available. These projections assume continued economic growth. Even a small or short-lived economic downturn will amplify the projected deficit. The table on the following page displays the updated financial projections for fiscal years 2019 through 2023. A more detailed table that includes all ten years is provided as an attachment to this report. Beginning next fiscal year, the projection is that revenue will not be sufficient to cover the City’s operating expenditures resulting in a $5.7 million deficit. Left unchecked, the deficit is projected to grow to $25.8 million in five years (Fiscal Year 2021- 22). This deficit is larger than first projected in the First Quarter report, because of the impact of the revised revenue estimates of the Sales Tax Projection and CalPERS unfunded actuarial liability (UAL). The net revenues have improved to $173.0 million compared to an original estimate of $171.9 million because of the revised projections for the Measure P Sales Tax, which slightly offsets the expected decline in Sales Tax revenue. On the expenditure side, primarily because of the estimated opening of the Millennia Fire Station in 2020 rather than 2019, the projected expenditures have decreased from $177.7 million to $177.5 million. New expenditures that were not in the original plan add just over $1 million in cost in fiscal year 2018-19. These include proposed twelve new firefighter positions (Safer Grant supported), and new police technology costs. The most significant drivers for the long-term growth in the City’s expenditures are the increase in public safety costs and the increasing costs associated with public employee salaries and benefits. Even with the additional resources provided by Measure P, which are significant, the current plan is for the General Fund to add $1.5 million in new service levels in 2019, growing to $5.0 million, $6.7 million, $10.7 million, and $12.2 million in the subsequent four years. In addition to these new expenditures, the City’s remaining operating expenditures will also experience growth. Fiscal Year 2019 Budget Balancing The City’s options for addressing the anticipated shortfall will require new revenues, cost cutting, and cost deferments. Preliminarily, staff has identified possible savings that will accrue to the City once the Measure P projects are implemented. Future savings in utility costs have been estimated to have a mitigating impact of $800,000 in FY 2020 and as much as $1.7 million by 2023. In addition, the savings to the City if it were to make permanent the elimination of eight currently vacant positions has been estimated to relieve the budget by $0.5 million in 2019 and in future years as well. These eight positions are non-sworn and revenue neutral. In addition, all City Departments are presently evaluating opportunities tor reorganization or consolidation in order to affect further savings and shrink the deficit gap. These efforts alone will not be sufficient, however to eliminate the projected deficit which, in the following year, is projected to increase to $12.2 million, shown below. Forecast Forecast Forecast Forecast Forecast Description FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Revenues: MAJOR DESCRETIONARY REVENUES 128.88$ 132.31$ 134.64$ 136.99$ 139.50$ OTHER REVENUES 40.67$ 40.94$ 41.20$ 41.03$ 41.30$ NEW DEVELOPMENT REVENUES 3.25$ 2.96$ 4.07$ 5.05$ 6.03$ TOTAL REVENUES 172.80$ 176.20$ 179.92$ 183.07$ 186.84$ Expenditures: PERSONNEL SERVICES EXPENDITURES 130.32$ 135.82$ 141.52$ 147.29$ 152.94$ OTHER EXPENDITURES 46.98$ 48.22$ 49.88$ 51.50$ 52.43$ NEW DEVELOPMENT EXPENDITURES 1.55$ 5.04$ 6.70$ 10.72$ 12.18$ TOTAL EXPENDITURES 178.84$ 189.08$ 198.10$ 209.52$ 217.56$ TOTAL GENERAL FUND SURPLUS/(DEFICIT)(6.04)$ (12.88)$ (18.18)$ (26.45)$ (30.72)$ SURPLUS/(DEFICIT) AS % OF BUDGET -3% -7% -9% -13% -14% 2018-02-27 Agenda Packet Page 350 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 10 SUMMARY AND NEXT STEPS At the conclusion of the second fiscal year quarter of 2017-18, the current year budget is on track for revenues and expenditures, with minor modifications. Staff is watching expenditures and revenue projections, particularly Sales Tax projections, to assess whether further modifications will be necessary later in the year. The longer-term projections for the City’s General Fund continue to pose serious challenges, because revenues will not be sufficient to cover current costs or new costs that are on the horizon. Because the City has limited abilities to impact near-term revenue, its staff and policy makers will need to focus their efforts on the cost side by finding savings, modifying service levels, cost cuts or cost delays for the upcoming year, even as efforts continue to address economic development opportunities throughout the City. The third quarter report will contain a more thorough analysis of and updates on the status of new development and major revenues derived from new development. Staff anticipates presenting the baseline budget, a more thorough update to the LTFP, and potential solutions to resolve the operating deficit to the City Council in March during the upcoming budget workshops. 2018-02-27 Agenda Packet Page 351 Quarterly Financial Report Second Quarter FY 2018 Ending December 31, 2017 Prepared – February 2018 11 Description Proposed Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Revenues: Property Taxes 33.69$ 34.36$ 35.30$ 36.26$ 37.26$ 38.28$ 39.34$ 40.42$ 41.54$ 42.69$ Sales Tax 50.70$ 51.20$ 51.55$ 51.89$ 52.19$ 52.60$ 53.13$ 53.66$ 54.20$ 54.74$ Franchise Fees 11.97$ 11.57$ 11.76$ 11.96$ 12.16$ 12.36$ 12.56$ 12.77$ 12.98$ 13.20$ Utility Users Taxes 5.86$ 5.92$ 5.98$ 6.04$ 6.10$ 6.16$ 6.22$ 6.28$ 6.35$ 6.41$ Transient Occupancy Taxes 4.04$ 4.36$ 5.61$ 5.73$ 5.84$ 5.96$ 6.08$ 6.20$ 6.32$ 6.45$ Motor Vehicle License Fees 21.16$ 21.47$ 22.11$ 22.77$ 23.45$ 24.15$ 24.87$ 25.61$ 26.38$ 27.17$ SUBTOTAL MAJOR DESCRETIONARY REVENUES 127.42$ 128.88$ 132.31$ 134.64$ 136.99$ 139.50$ 142.19$ 144.95$ 147.77$ 150.65$ Development Revenue 1.21$ 1.21$ 1.22$ 1.22$ 1.23$ 1.24$ 1.24$ 1.25$ 1.25$ 1.26$ Licenses and Permits 1.38$ 1.39$ 1.42$ 1.45$ 1.48$ 1.51$ 1.54$ 1.57$ 1.60$ 1.63$ Fines, Forfeitures & Penalties 1.08$ 1.10$ 1.12$ 1.14$ 1.16$ 1.19$ 1.21$ 1.24$ 1.26$ 1.29$ Use of Money and Property 2.46$ 2.45$ 2.47$ 2.52$ 2.55$ 2.57$ 2.60$ 2.62$ 2.65$ Other Local Taxes 2.60$ 2.62$ 2.65$ 2.68$ 2.70$ 2.73$ 2.76$ 2.79$ 2.81$ 2.84$ Police Grants 0.77$ 0.76$ 0.76$ 0.76$ 0.76$ 0.76$ 0.76$ 0.76$ 0.76$ 0.76$ Other Agency Revenue 2.05$ 2.05$ 2.07$ 2.09$ 2.11$ 2.13$ 2.15$ 2.17$ 2.19$ 2.22$ Charges for Services 7.21$ 7.25$ 7.28$ 7.32$ 7.36$ 7.39$ 7.43$ 7.47$ 7.50$ 7.54$ Interfund Reimbursements 9.82$ 9.92$ 10.01$ 10.11$ 9.76$ 9.86$ 9.96$ 10.06$ 10.16$ 10.26$ Other Revenues - Miscellaneous 22.46$ 1.04$ 1.04$ 1.05$ 1.06$ 1.06$ 1.07$ 1.07$ 1.08$ 1.08$ Transfers From Other Funds 10.72$ 10.90$ 10.90$ 10.90$ 10.90$ 10.90$ 10.90$ 10.90$ 10.90$ 10.90$ SUBTOTAL OTHER REVENUES 61.76$ 40.67$ 40.94$ 38.71$ 41.03$ 41.30$ 41.58$ 41.86$ 42.13$ 42.42$ NEW DEVELOPMENT REVENUES Property Taxes -$ 0.73$ 1.01$ 1.41$ 1.76$ 2.10$ 2.46$ 2.79$ 3.19$ 3.37$ Sales Tax -$ 0.15$ 0.32$ 0.45$ 0.59$ 0.74$ 0.85$ 0.96$ 1.06$ 1.16$ Franchise Fees -$ 0.20$ 0.28$ 0.36$ 0.45$ 0.54$ 0.63$ 0.72$ 0.80$ 0.88$ Utility Users Taxes -$ 0.08$ 0.11$ 0.14$ 0.18$ 0.21$ 0.25$ 0.28$ 0.32$ 0.76$ Transient Occupancy Taxes -$ 1.19$ -$ -$ -$ -$ -$ -$ -$ -$ Motor Vehicle License Fees -$ 0.49$ 0.68$ 0.95$ 1.19$ 1.42$ 1.66$ 1.89$ 2.15$ 2.27$ Other Revenues - Miscellaneous -$ 0.27$ 0.38$ 0.50$ 0.62$ 0.74$ 0.86$ 0.98$ 1.06$ 1.69$ Other Local Taxes -$ 0.15$ 0.19$ 0.26$ 0.26$ 0.28$ 0.31$ 0.33$ 0.35$ 0.30$ SUBTOTAL NEW DEVELOPMENT REVENUES -$ 3.25$ 2.96$ 4.07$ 5.05$ 6.03$ 7.01$ 7.94$ 8.92$ 10.43$ TOTAL REVENUES 189.18$ 172.80$ 176.20$ 177.42$ 183.07$ 186.84$ 190.78$ 194.74$ 198.82$ 203.50$ Expenditures: Personnel Services 91.28$ 91.11$ 92.42$ 94.17$ 95.97$ 97.80$ 99.66$ 101.57$ 103.51$ 105.50$ Flex/Insurance 12.21$ 12.82$ 13.76$ 14.78$ 15.88$ 17.07$ 18.36$ 19.75$ 21.27$ 22.91$ PERS 24.43$ 27.24$ 30.53$ 33.49$ 36.41$ 39.07$ 41.28$ 43.89$ 45.17$ 47.17$ Salary Savings (On Going)(0.84)$ (0.86)$ (0.89)$ (0.92)$ (0.95)$ (0.98)$ (1.01)$ (1.05)$ (1.07)$ (1.10)$ Salary Savings (One-Time)(1.34)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL PERSONNEL SERVICES EXPENDITURES 125.74$ 130.32$ 135.82$ 141.52$ 147.29$ 152.94$ 158.28$ 164.17$ 168.88$ 174.48$ Supplies and Services 16.80$ 15.49$ 16.73$ 18.07$ 19.34$ 19.72$ 20.12$ 20.52$ 20.93$ 21.35$ Utilities 5.57$ 5.32$ 5.58$ 5.86$ 6.15$ 6.46$ 6.79$ 7.12$ 7.48$ 7.85$ Other Expenses 1.18$ 0.66$ 0.67$ 0.68$ 0.70$ 0.71$ 0.72$ 0.74$ 0.75$ 0.77$ Equipment (Capital not CIP)0.35$ 0.15$ 0.15$ 0.16$ 0.16$ 0.16$ 0.16$ 0.16$ 0.16$ 0.16$ Transfers/Debt Service 43.31$ 25.34$ 25.07$ 25.09$ 25.14$ 25.36$ 25.53$ 25.69$ 25.88$ 21.38$ Capital Improvement Projects 1.48$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Non-CIP Project Expenditures 0.90$ 0.02$ 0.02$ 0.02$ 0.02$ 0.02$ 0.02$ 0.02$ 0.02$ 0.02$ Prior Year Appropriations - Carry Forward (5.75)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL OTHER EXPENDITURES 63.85$ 46.98$ 48.22$ 49.88$ 51.50$ 52.43$ 53.33$ 54.26$ 55.22$ 51.53$ NEW PROGRAMS & NEW DEVELOPMENT EXPENDITURES 12 new firefighters with 3 yr SAFER grant offset -$ 0.91$ 1.03$ 1.63$ 2.17$ 2.28$ 2.39$ 2.50$ 2.61$ 2.73$ 4.0 Truck Staffing for Millenia and Bayfront -$ -$ 1.97$ 2.08$ 4.38$ 4.60$ 4.82$ 5.05$ 5.27$ 5.51$ Peace Officer Funding -$ 0.38$ 1.61$ 2.55$ 3.59$ 4.71$ 5.91$ 7.22$ 8.60$ 10.10$ New Police Technology -$ 0.19$ 0.19$ 0.20$ 0.19$ 0.19$ 0.20$ 0.20$ 0.22$ 0.21$ Millenia Parks Maintenance -$ 0.08$ 0.08$ 0.08$ 0.08$ 0.08$ 0.08$ 0.08$ 0.08$ 0.08$ Fire Station Supplies and Services -$ -$ 0.16$ 0.16$ 0.32$ 0.32$ 0.32$ 0.32$ 0.32$ 0.32$ SUBTOTAL NEW DEVELOPMENT EXPENDITURES -$ 1.55$ 5.04$ 6.70$ 10.72$ 12.18$ 13.70$ 15.37$ 17.09$ 18.94$ TOTAL EXPENDITURES 189.59$ 178.84$ 189.08$ 198.10$ 209.52$ 217.56$ 225.32$ 233.79$ 241.19$ 244.95$ TOTAL GENERAL FUND SURPLUS/(DEFICIT)(0.41)$ (6.04)$ (12.88)$ (20.67)$ (26.45)$ (30.72)$ (34.54)$ (39.05)$ (42.36)$ (41.45)$ SURPLUS/(DEFICIT) AS % OF BUDGET 0% -3% -7% -10% -13% -14% -15% -17% -18% -17% 2018-02-27 Agenda Packet Page 352 City of Chula Vista Staff Report File#:18-0048, Item#: 13. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017/18 COMPENSATION SCHEDULE EFFECTIVE MARCH 2, 2018, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, TO REFLECT: (1) THE ADDITION AND ELIMINATION OF CERTAIN POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR ACCOUNTANT, ASSOCIATE ACCOUNTANT, DEPUTY CITY MANAGER, DIRECTOR OF ECONOMIC DEVELOPMENT, SEASONAL ASSISTANT, AND SENIOR ACCOUNTANT C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITIONS OF CITY LIBRARIAN, PARKS AND RECREATION ADMINISTRATOR, DIRECTOR OF COMMUNITY SERVICES, AND REVENUE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions and place the ordinance on first reading. SUMMARY In an effort to address the needs of various departments, the forthcoming Community Services Department, and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing the reclassification of certain positions, the addition of five new classifications, and salary adjustments for the Accountant classification series, Deputy City Manager, Director of Economic Development and unclassified hourly Seasonal Assistant. 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 City of Chula Vista Printed on 2/22/2018Page 1 of 5 powered by Legistar™2018-02-27 Agenda Packet Page 353 File#:18-0048, Item#: 13. 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; 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 The Civil Service Commission adopted the amendment to the classification plan, subject to the approval of the City Council, at their February 1, 2018 meeting. DISCUSSION 1.Classification Plan Changes Civil Service Rule 1.02(A), which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s classification plan is kept current, and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the classification plan. In an effort to address the needs of various departments, the forthcoming Community Services Department and the City's workforce, the Human Resources Department is proposing various new classifications, and the reclassification of certain positions. The following identifies the departments, affected positions and proposed changes. City of Chula Vista Printed on 2/22/2018Page 2 of 5 powered by Legistar™2018-02-27 Agenda Packet Page 354 File#:18-0048, Item#: 13. Summary of New and Updated Classifications 2.Minimum Wage Compliance In September 2013, the California Legislature enacted legislation signed by the Governor of California, which included raising the minimum wage to $11.00 per hour effective January 1, 2018. To ensure compliance with the State's minimum wage law, staff proposed salary adjustments for City of Chula Vista Printed on 2/22/2018Page 3 of 5 powered by Legistar™2018-02-27 Agenda Packet Page 355 File#:18-0048, Item#: 13. To ensure compliance with the State's minimum wage law, staff proposed salary adjustments for several unclassified hourly positions effective December 22, 2017, which Council subsequently approved at their December 12, 2017 meeting. Staff inadvertently excluded a salary adjustment for Seasonal Assistant, an inactive unclassified hourly position. Accordingly, Staff is proposing the elimination of Steps A (currently $9.55 per hour) through C (currently $10.53 per hour) to ensure compliance with the State’s minimum wage laws. 3.Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The revised Fiscal Year 2017-2018 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of February 13, 2018. This item ensures continued compliance with California Code of Regulations, Title 2, Section 570.5, by ensuring the City has an up-to-date publically approved Compensation Schedule. 4.Unclassified Ordinance Lastly, Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified positions not mentioned specifically in Charter Section 500(a) be adopted by ordinance. 5.Resolutions and Ordinance Approval of Resolution A will approve the staffing changes discussed above, in Paragraph 1. Approval of Resolution B will approve the revised Compensation Schedule effective March 2, 2018 to reflect the addition and elimination of certain position titles and salary adjustments for Accountant, Associate Accountant, Deputy City Manager, Director of Economic Development, Seasonal Assistant (to account for increase in the State’s minimum wage) and Senior Accountant. Adoption of the Ordinance will add the position titles of City Librarian, Parks and Recreation Administrator, Director of Community Services and Revenue Manager to Municipal Code section 2.05.010. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict 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 City of Chula Vista Printed on 2/22/2018Page 4 of 5 powered by Legistar™2018-02-27 Agenda Packet Page 356 File#:18-0048, Item#: 13. 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 position changes support the City-wide strategic goal of Operational Excellence by providing more accurate position titles that better reflect the needs of the City’s workforce and salaries that attract and retain quality employees. Furthermore, approval of the revised Fiscal Year 2017-2018 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT The proposed position/classification changes are projected to have a positive net impact to the general fund of approximately $117,000 in the current fiscal year. ONGOING FISCAL IMPACT The proposed position/classification changes are projected to have a positive net impact to the general fund of approximately $178,000 in Fiscal Year 2018-2019. The ongoing positive net impact will be less due to the increasing cost of pensions and health care. All costs will be incorporated into the development of the annual budget. ATTACHMENT 1. Revised Fiscal Year 2017-2018 Compensation Schedule Effective March 2, 2018 Staff Contact: Courtney Chase City of Chula Vista Printed on 2/22/2018Page 5 of 5 powered by Legistar™2018-02-27 Agenda Packet Page 357 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ACCOUNTANT 3633 CONF A $26.56 $2,124.68 ACCOUNTANT 3633 CONF B $27.89 $2,230.91 ACCOUNTANT 3633 CONF C $29.28 $2,342.46 ACCOUNTANT 3633 CONF D $30.74 $2,459.58 ACCOUNTANT 3633 CONF E $32.28 $2,582.56 ACCOUNTING ASST 3641 ACE A $20.52 $1,641.49 ACCOUNTING ASST 3641 ACE B $21.54 $1,723.56 ACCOUNTING ASST 3641 ACE C $22.62 $1,809.75 ACCOUNTING ASST 3641 ACE D $23.75 $1,900.23 ACCOUNTING ASST 3641 ACE E $24.94 $1,995.24 ACCOUNTING TECH 3643 CONF A $25.96 $2,076.49 ACCOUNTING TECH 3643 CONF B $27.25 $2,180.30 ACCOUNTING TECH 3643 CONF C $28.62 $2,289.32 ACCOUNTING TECH 3643 CONF D $30.05 $2,403.78 ACCOUNTING TECH 3643 CONF E $31.55 $2,523.98 ACCOUNTING TECH 3675 ACE A $25.96 $2,076.49 ACCOUNTING TECH 3675 ACE B $27.25 $2,180.30 ACCOUNTING TECH 3675 ACE C $28.62 $2,289.32 ACCOUNTING TECH 3675 ACE D $30.05 $2,403.78 ACCOUNTING TECH 3675 ACE E $31.55 $2,523.98 ACCTS PYBL SUPV 3645 ACE A $29.85 $2,387.95 ACCTS PYBL SUPV 3645 ACE B $31.34 $2,507.35 ACCTS PYBL SUPV 3645 ACE C $32.91 $2,632.72 ACCTS PYBL SUPV 3645 ACE D $34.55 $2,764.35 ACCTS PYBL SUPV 3645 ACE E $36.28 $2,902.56 ADMIN SEC 0149 CONF A $25.36 $2,028.51 ADMIN SEC 0149 CONF B $26.62 $2,129.94 ADMIN SEC 0149 CONF C $27.96 $2,236.43 ADMIN SEC 0149 CONF D $29.35 $2,348.25 ADMIN SEC 0149 CONF E $30.82 $2,465.67 ADMIN SEC 0179 ACE A $25.36 $2,028.51 ADMIN SEC 0179 ACE B $26.62 $2,129.94 ADMIN SEC 0179 ACE C $27.96 $2,236.43 ADMIN SEC 0179 ACE D $29.35 $2,348.25 ADMIN SEC 0179 ACE E $30.82 $2,465.67 ADMIN SEC‐MYR 0154 CONF A $25.36 $2,028.51 ADMIN SEC‐MYR 0154 CONF B $26.62 $2,129.94 ADMIN SEC‐MYR 0154 CONF C $27.96 $2,236.43 ADMIN SEC‐MYR 0154 CONF D $29.35 $2,348.25 ADMIN SEC‐MYR 0154 CONF E $30.82 $2,465.67 ll position titles designated as Executive (“EXEC”) or Senior Management (“SM”) have salary bands with a minimum (“Step A”) and maximum (“Step E”) salary; salary appointments and subsequent adjustments within the approved salary range may be made by the position’s appointing authority. Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 358 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ADMIN SVCS MGR 0215 SM A $45.49 $3,638.83 ADMIN SVCS MGR 0215 SM B ‐‐‐‐ ADMIN SVCS MGR 0215 SM C ‐‐‐‐ ADMIN SVCS MGR 0215 SM D ‐‐‐‐ ADMIN SVCS MGR 0215 SM E $55.29 $4,423.03 ADMIN TECH 0147 CONF A $25.36 $2,028.51 ADMIN TECH 0147 CONF B $26.62 $2,129.94 ADMIN TECH 0147 CONF C $27.96 $2,236.43 ADMIN TECH 0147 CONF D $29.35 $2,348.25 ADMIN TECH 0147 CONF E $30.82 $2,465.67 ADMIN TECH 0181 ACE A $25.36 $2,028.51 ADMIN TECH 0181 ACE B $26.62 $2,129.94 ADMIN TECH 0181 ACE C $27.96 $2,236.43 ADMIN TECH 0181 ACE D $29.35 $2,348.25 ADMIN TECH 0181 ACE E $30.82 $2,465.67 ANIML ADPDTN CN 5310 ACE A $21.94 $1,755.32 ANIML ADPDTN CN 5310 ACE B $23.04 $1,843.08 ANIML ADPDTN CN 5310 ACE C $24.19 $1,935.24 ANIML ADPDTN CN 5310 ACE D $25.40 $2,031.99 ANIML ADPDTN CN 5310 ACE E $26.67 $2,133.60 ANIML CR AIDE 5316 UCHR A $11.32 ‐‐ ANIML CR AIDE 5316 UCHR B $11.91 ‐‐ ANIML CR AIDE 5316 UCHR C $12.55 ‐‐ ANIML CR AIDE 5316 UCHR D $13.20 ‐‐ ANIML CR AIDE 5316 UCHR E $13.90 ‐‐ ANIML CR FC ADM 5327 SM A $53.00 $4,239.78 ANIML CR FC ADM 5327 SM B $55.65 $4,451.77 ANIML CR FC ADM 5327 SM C $58.43 $4,674.35 ANIML CR FC ADM 5327 SM D $61.35 $4,908.08 ANIML CR FC ADM 5327 SM E $64.42 $5,153.48 ANIML CR SPEC 5343 ACE A $18.40 $1,471.86 ANIML CR SPEC 5343 ACE B $19.32 $1,545.45 ANIML CR SPEC 5343 ACE C $20.28 $1,622.73 ANIML CR SPEC 5343 ACE D $21.30 $1,703.87 ANIML CR SPEC 5343 ACE E $22.36 $1,789.06 ANIML CR SPEC 5344 UCHR A $18.40 ‐‐ ANIML CR SPEC 5344 UCHR B $19.32 ‐‐ ANIML CR SPEC 5344 UCHR C $20.28 ‐‐ ANIML CR SPEC 5344 UCHR D $21.30 ‐‐ ANIML CR SPEC 5344 UCHR E $22.36 ‐‐ ANIML CR SUPV 5319 ACE A $25.55 $2,043.85 ANIML CR SUPV 5319 ACE B $26.83 $2,146.04 ANIML CR SUPV 5319 ACE C $28.17 $2,253.34 ANIML CR SUPV 5319 ACE D $29.58 $2,366.01 ANIML CR SUPV 5319 ACE E $31.05 $2,484.30 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 359 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ANIML CT OFF 5303 ACE A $22.08 $1,766.23 ANIML CT OFF 5303 ACE B $23.18 $1,854.54 ANIML CT OFF 5303 ACE C $24.34 $1,947.27 ANIML CT OFF 5303 ACE D $25.56 $2,044.64 ANIML CT OFF 5303 ACE E $26.84 $2,146.87 ANIML CT OFF 5305 UCHR A $22.08 ‐‐ ANIML CT OFF 5305 UCHR B $23.18 ‐‐ ANIML CT OFF 5305 UCHR C $24.34 ‐‐ ANIML CT OFF 5305 UCHR D $25.56 ‐‐ ANIML CT OFF 5305 UCHR E $26.84 ‐‐ ANIML CTL OF SP 5304 ACE A $25.39 $2,031.17 ANIML CTL OF SP 5304 ACE B $26.66 $2,132.72 ANIML CTL OF SP 5304 ACE C $27.99 $2,239.36 ANIML CTL OF SP 5304 ACE D $29.39 $2,351.32 ANIML CTL OF SP 5304 ACE E $30.86 $2,468.90 ANIML SVCS SPEC 5309 ACE A $20.07 $1,605.67 ANIML SVCS SPEC 5309 ACE B $21.07 $1,685.96 ANIML SVCS SPEC 5309 ACE C $22.13 $1,770.25 ANIML SVCS SPEC 5309 ACE D $23.23 $1,858.76 ANIML SVCS SPEC 5309 ACE E $24.40 $1,951.70 APPL SUPP MGR 3083 MM A $42.19 $3,375.57 APPL SUPP MGR 3083 MM B $44.30 $3,544.35 APPL SUPP MGR 3083 MM C $46.52 $3,721.56 APPL SUPP MGR 3083 MM D $48.85 $3,907.64 APPL SUPP MGR 3083 MM E $51.29 $4,103.02 APPL SUPP SPEC 3088 PROF A $33.85 $2,707.68 APPL SUPP SPEC 3088 PROF B $35.54 $2,843.07 APPL SUPP SPEC 3088 PROF C $37.32 $2,985.21 APPL SUPP SPEC 3088 PROF D $39.18 $3,134.48 APPL SUPP SPEC 3088 PROF E $41.14 $3,291.20 AQUARIST 7741 ACE A $22.85 $1,828.31 AQUARIST 7741 ACE B $24.00 $1,919.71 AQUARIST 7741 ACE C $25.20 $2,015.70 AQUARIST 7741 ACE D $26.46 $2,116.49 AQUARIST 7741 ACE E $27.78 $2,222.31 AQUATIC SUP I 7579 ACE A $23.44 $1,875.08 AQUATIC SUP I 7579 ACE B $24.61 $1,968.82 AQUATIC SUP I 7579 ACE C $25.84 $2,067.27 AQUATIC SUP I 7579 ACE D $27.13 $2,170.63 AQUATIC SUP I 7579 ACE E $28.49 $2,279.16 AQUATIC SUP II 7577 ACE A $25.78 $2,062.57 AQUATIC SUP II 7577 ACE B $27.07 $2,165.70 AQUATIC SUP II 7577 ACE C $28.42 $2,273.99 AQUATIC SUP II 7577 ACE D $29.85 $2,387.69 AQUATIC SUP II 7577 ACE E $31.34 $2,507.08 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 360 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE AQUATIC SUP III 7575 ACE A $29.65 $2,371.97 AQUATIC SUP III 7575 ACE B $31.13 $2,490.57 AQUATIC SUP III 7575 ACE C $32.69 $2,615.10 AQUATIC SUP III 7575 ACE D $34.32 $2,745.85 AQUATIC SUP III 7575 ACE E $36.04 $2,883.15 ASSOC ACCT 3635 CONF A $29.21 $2,337.15 ASSOC ACCT 3635 CONF B $30.68 $2,454.01 ASSOC ACCT 3635 CONF C $32.21 $2,576.71 ASSOC ACCT 3635 CONF D $33.82 $2,705.54 ASSOC ACCT 3635 CONF E $35.51 $2,840.82 ASSOC ENGINEER 6017 WCE A $40.40 $3,232.02 ASSOC ENGINEER 6017 WCE B $42.42 $3,393.62 ASSOC ENGINEER 6017 WCE C $44.54 $3,563.31 ASSOC ENGINEER 6017 WCE D $46.77 $3,741.47 ASSOC ENGINEER 6017 WCE E $49.11 $3,928.54 ASSOC LND SRVYR 6287 WCE A $40.40 $3,232.02 ASSOC LND SRVYR 6287 WCE B $42.42 $3,393.62 ASSOC LND SRVYR 6287 WCE C $44.54 $3,563.31 ASSOC LND SRVYR 6287 WCE D $46.77 $3,741.47 ASSOC LND SRVYR 6287 WCE E $49.11 $3,928.54 ASSOC PLANNER 4437 ACE A $33.26 $2,660.83 ASSOC PLANNER 4437 ACE B $34.92 $2,793.87 ASSOC PLANNER 4437 ACE C $36.67 $2,933.57 ASSOC PLANNER 4437 ACE D $38.50 $3,080.25 ASSOC PLANNER 4437 ACE E $40.43 $3,234.26 ASSOC PLN CK EN 4747 WCE A $40.40 $3,232.02 ASSOC PLN CK EN 4747 WCE B $42.42 $3,393.62 ASSOC PLN CK EN 4747 WCE C $44.54 $3,563.31 ASSOC PLN CK EN 4747 WCE D $46.77 $3,741.47 ASSOC PLN CK EN 4747 WCE E $49.11 $3,928.54 ASST CHF OF POL 5011 SM A $65.74 $5,259.55 ASST CHF OF POL 5011 SM B ‐‐‐‐ ASST CHF OF POL 5011 SM C ‐‐‐‐ ASST CHF OF POL 5011 SM D ‐‐‐‐ ASST CHF OF POL 5011 SM E $79.91 $6,393.01 ASST CITY ATTY 2405 SM A $70.20 $5,615.65 ASST CITY ATTY 2405 SM B $73.71 $5,896.45 ASST CITY ATTY 2405 SM C $77.39 $6,191.26 ASST CITY ATTY 2405 SM D $81.22 $6,497.37 ASST CITY ATTY 2405 SM E $85.32 $6,825.86 ASST CITY CLERK 2210 SM A $39.96 $3,196.73 ASST CITY CLERK 2210 SM B $41.96 $3,356.57 ASST CITY CLERK 2210 SM C $44.05 $3,524.39 ASST CITY CLERK 2210 SM D $46.26 $3,700.60 ASST CITY CLERK 2210 SM E $48.57 $3,885.73 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 361 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ASST CITY MGR 2707 EXEC A $90.82 $7,265.67 ASST CITY MGR 2707 EXEC B ‐‐‐‐ ASST CITY MGR 2707 EXEC C ‐‐‐‐ ASST CITY MGR 2707 EXEC D ‐‐‐‐ ASST CITY MGR 2707 EXEC E $109.71 $8,776.56 ASST DIR OF DS 4040 SM A $67.02 $5,361.64 ASST DIR OF DS 4040 SM B ‐‐‐‐ ASST DIR OF DS 4040 SM C $77.45 $6,195.70 ASST DIR OF DS 4040 SM D ‐‐‐‐ ASST DIR OF DS 4040 SM E $81.46 $6,517.11 ASST DIR OF ENG 6008 SM A $64.34 $5,147.20 ASST DIR OF ENG 6008 SM B ‐‐‐‐ ASST DIR OF ENG 6008 SM C ‐‐‐‐ ASST DIR OF ENG 6008 SM D ‐‐‐‐ ASST DIR OF ENG 6008 SM E $77.68 $6,214.16 ASST DIR OF FIN 3604 SM A $60.78 $4,862.14 ASST DIR OF FIN 3604 SM B ‐‐‐‐ ASST DIR OF FIN 3604 SM C ‐‐‐‐ ASST DIR OF FIN 3604 SM D ‐‐‐‐ ASST DIR OF FIN 3604 SM E $73.38 $5,870.03 ASST DIR OF HR 3304 SM A $61.15 $4,891.70 ASST DIR OF HR 3304 SM B ‐‐‐‐ ASST DIR OF HR 3304 SM C ‐‐‐‐ ASST DIR OF HR 3304 SM D ‐‐‐‐ ASST DIR OF HR 3304 SM E $73.38 $5,870.03 ASST DIR OF PW 6322 SM A $64.34 $5,147.20 ASST DIR OF PW 6322 SM B ‐‐‐‐ ASST DIR OF PW 6322 SM C ‐‐‐‐ ASST DIR OF PW 6322 SM D $75.96 $6,076.59 ASST DIR OF PW 6322 SM E $77.68 $6,214.16 ASST DIR OF REC 7401 SM A $50.21 $4,016.43 ASST DIR OF REC 7401 SM B ‐‐‐‐ ASST DIR OF REC 7401 SM C ‐‐‐‐ ASST DIR OF REC 7401 SM D ‐‐‐‐ ASST DIR OF REC 7401 SM E $61.03 $4,882.00 ASST ENGINEER 6015 WCE A $35.13 $2,810.46 ASST ENGINEER 6015 WCE B $36.89 $2,950.98 ASST ENGINEER 6015 WCE C $38.73 $3,098.54 ASST ENGINEER 6015 WCE D $40.67 $3,253.46 ASST ENGINEER 6015 WCE E $42.70 $3,416.13 ASST LND SRVYR 6289 WCE A $35.13 $2,810.46 ASST LND SRVYR 6289 WCE B $36.89 $2,950.98 ASST LND SRVYR 6289 WCE C $38.73 $3,098.54 ASST LND SRVYR 6289 WCE D $40.67 $3,253.46 ASST LND SRVYR 6289 WCE E $42.70 $3,416.13 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 362 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ASST PLANNER 4439 ACE A $30.24 $2,418.95 ASST PLANNER 4439 ACE B $31.75 $2,539.89 ASST PLANNER 4439 ACE C $33.34 $2,666.89 ASST PLANNER 4439 ACE D $35.00 $2,800.23 ASST PLANNER 4439 ACE E $36.75 $2,940.24 ASST PLN CK ENG 4749 WCE A $35.13 $2,810.46 ASST PLN CK ENG 4749 WCE B $36.89 $2,950.98 ASST PLN CK ENG 4749 WCE C $38.73 $3,098.54 ASST PLN CK ENG 4749 WCE D $40.67 $3,253.46 ASST PLN CK ENG 4749 WCE E $42.70 $3,416.13 AUTO FGRPT TECH 5123 ACE A $20.07 $1,605.67 AUTO FGRPT TECH 5123 ACE B $21.07 $1,685.96 AUTO FGRPT TECH 5123 ACE C $22.13 $1,770.25 AUTO FGRPT TECH 5123 ACE D $23.23 $1,858.76 AUTO FGRPT TECH 5123 ACE E $24.40 $1,951.70 BENEFITS MGR 3404 MMCF A $44.83 $3,586.13 BENEFITS MGR 3404 MMCF B $47.07 $3,765.43 BENEFITS MGR 3404 MMCF C $49.42 $3,953.71 BENEFITS MGR 3404 MMCF D $51.89 $4,151.39 BENEFITS MGR 3404 MMCF E $54.49 $4,358.96 BGT & ANLYS MGR 2222 SM A $51.75 $4,140.27 BGT & ANLYS MGR 2222 SM B ‐‐‐‐ BGT & ANLYS MGR 2222 SM C $57.45 $4,595.71 BGT & ANLYS MGR 2222 SM D ‐‐‐‐ BGT & ANLYS MGR 2222 SM E $62.91 $5,032.53 BGT & ANLYS MGR 2223 UCHR A ‐‐‐‐ BGT & ANLYS MGR 2223 UCHR B ‐‐‐‐ BGT & ANLYS MGR 2223 UCHR C ‐‐‐‐ BGT & ANLYS MGR 2223 UCHR D ‐‐‐‐ BGT & ANLYS MGR 2223 UCHR E $62.91 ‐‐ BLDG INSP I 4771 ACE A $29.28 $2,342.38 BLDG INSP I 4771 ACE B $30.74 $2,459.50 BLDG INSP I 4771 ACE C $32.28 $2,582.48 BLDG INSP I 4771 ACE D $33.90 $2,711.60 BLDG INSP I 4771 ACE E $35.59 $2,847.18 BLDG INSP II 4773 ACE A $32.21 $2,576.63 BLDG INSP II 4773 ACE B $33.82 $2,705.46 BLDG INSP II 4773 ACE C $35.51 $2,840.73 BLDG INSP II 4773 ACE D $37.28 $2,982.77 BLDG INSP II 4773 ACE E $39.15 $3,131.91 BLDG INSP III 4775 ACE A $35.43 $2,834.28 BLDG INSP III 4775 ACE B $37.20 $2,976.00 BLDG INSP III 4775 ACE C $39.06 $3,124.80 BLDG INSP III 4775 ACE D $41.01 $3,281.04 BLDG INSP III 4775 ACE E $43.06 $3,445.09 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 363 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE BLDG INSP MGR 4769 MM A $42.17 $3,373.84 BLDG INSP MGR 4769 MM B $44.28 $3,542.54 BLDG INSP MGR 4769 MM C $46.50 $3,719.66 BLDG INSP MGR 4769 MM D $48.82 $3,905.65 BLDG INSP MGR 4769 MM E $51.26 $4,100.93 BLDG OFF/CE MGR 4780 SM A $63.83 $5,106.31 BLDG OFF/CE MGR 4780 SM B ‐‐‐‐ BLDG OFF/CE MGR 4780 SM C ‐‐‐‐ BLDG OFF/CE MGR 4780 SM D ‐‐‐‐ BLDG OFF/CE MGR 4780 SM E $77.58 $6,206.77 BLDG PROJ MGR 6412 PROF A $40.05 $3,203.77 BLDG PROJ MGR 6412 PROF B $42.05 $3,363.96 BLDG PROJ MGR 6412 PROF C $44.15 $3,532.16 BLDG PROJ MGR 6412 PROF D $46.36 $3,708.77 BLDG PROJ MGR 6412 PROF E $48.68 $3,894.21 BLDG SVCS SUPV 6669 ACE A $28.31 $2,264.73 BLDG SVCS SUPV 6669 ACE B $29.72 $2,377.96 BLDG SVCS SUPV 6669 ACE C $31.21 $2,496.86 BLDG SVCS SUPV 6669 ACE D $32.77 $2,621.71 BLDG SVCS SUPV 6669 ACE E $34.41 $2,752.79 BUSINSS LIC REP 4505 ACE A $20.52 $1,641.49 BUSINSS LIC REP 4505 ACE B $21.54 $1,723.56 BUSINSS LIC REP 4505 ACE C $22.62 $1,809.75 BUSINSS LIC REP 4505 ACE D $23.75 $1,900.23 BUSINSS LIC REP 4505 ACE E $24.94 $1,995.24 C & R SUPVR 6427 ACE A $35.48 $2,838.37 C & R SUPVR 6427 ACE B $37.25 $2,980.30 C & R SUPVR 6427 ACE C $39.12 $3,129.31 C & R SUPVR 6427 ACE D $41.07 $3,285.77 C & R SUPVR 6427 ACE E $43.13 $3,450.07 CARPENTER 6444 ACE A $25.55 $2,044.01 CARPENTER 6444 ACE B $26.83 $2,146.21 CARPENTER 6444 ACE C $28.17 $2,253.52 CARPENTER 6444 ACE D $29.58 $2,366.21 CARPENTER 6444 ACE E $31.06 $2,484.52 CHIEF OF POLICE 5001 EXEC A $85.90 $6,872.21 CHIEF OF POLICE 5001 EXEC B ‐‐‐‐ CHIEF OF POLICE 5001 EXEC C $99.30 $7,944.24 CHIEF OF POLICE 5001 EXEC D ‐‐‐‐ CHIEF OF POLICE 5001 EXEC E $104.42 $8,353.23 CHIEF OF STAFF 2011 MMUC A $34.98 $2,798.27 CHIEF OF STAFF 2011 MMUC B $36.73 $2,938.18 CHIEF OF STAFF 2011 MMUC C $38.56 $3,085.08 CHIEF OF STAFF 2011 MMUC D $40.49 $3,239.34 CHIEF OF STAFF 2011 MMUC E $42.52 $3,401.30 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 364 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE CHIEF SUST OFF 2729 SM A $60.78 $4,862.15 CHIEF SUST OFF 2729 SM B ‐‐‐‐ CHIEF SUST OFF 2729 SM C ‐‐‐‐ CHIEF SUST OFF 2729 SM D $71.75 $5,740.06 CHIEF SUST OFF 2729 SM E $73.38 $5,870.03 CITY ATTY (EL)2400 CATY A ‐‐‐‐ CITY ATTY (EL)2400 CATY B ‐‐‐‐ CITY ATTY (EL)2400 CATY C ‐‐‐‐ CITY ATTY (EL)2400 CATY D ‐‐‐‐ CITY ATTY (EL)2400 CATY E $92.12 $7,369.70 CITY CLERK 2201 CCLK A $59.96 $4,797.14 CITY CLERK 2201 CCLK B ‐‐‐‐ CITY CLERK 2201 CCLK C ‐‐‐‐ CITY CLERK 2201 CCLK D ‐‐‐‐ CITY CLERK 2201 CCLK E $72.89 $5,830.95 CITY ENGINEER 6010 SM A $61.21 $4,896.85 CITY ENGINEER 6010 SM B ‐‐‐‐ CITY ENGINEER 6010 SM C ‐‐‐‐ CITY ENGINEER 6010 SM D ‐‐‐‐ CITY ENGINEER 6010 SM E $74.40 $5,952.15 CITY LIBRARIAN 7007 SM A $55.32 $4,425.25 CITY LIBRARIAN 7007 SM B $58.08 $4,646.51 CITY LIBRARIAN 7007 SM C $60.99 $4,878.84 CITY LIBRARIAN 7007 SM D $64.03 $5,122.78 CITY LIBRARIAN 7007 SM E $67.24 $5,378.92 CITY MANAGER 2710 CMGR A ‐‐‐‐ CITY MANAGER 2710 CMGR B ‐‐‐‐ CITY MANAGER 2710 CMGR C ‐‐‐‐ CITY MANAGER 2710 CMGR D ‐‐‐‐ CITY MANAGER 2710 CMGR E $137.02 $10,961.54 CIVIL BKGRD INV 5429 ACE A $24.29 $1,942.86 CIVIL BKGRD INV 5429 ACE B $25.50 $2,039.99 CIVIL BKGRD INV 5429 ACE C $26.77 $2,141.99 CIVIL BKGRD INV 5429 ACE D $28.11 $2,249.09 CIVIL BKGRD INV 5429 ACE E $29.52 $2,361.54 CIVIL BKGRD INV 5430 UCHR A $24.29 ‐‐ CIVIL BKGRD INV 5430 UCHR B $25.50 ‐‐ CIVIL BKGRD INV 5430 UCHR C $26.77 ‐‐ CIVIL BKGRD INV 5430 UCHR D $28.11 ‐‐ CIVIL BKGRD INV 5430 UCHR E $29.52 ‐‐ CIVIL POL INV 5431 UCHR A $25.79 ‐‐ CIVIL POL INV 5431 UCHR B $27.08 ‐‐ CIVIL POL INV 5431 UCHR C $28.43 ‐‐ CIVIL POL INV 5431 UCHR D $29.85 ‐‐ CIVIL POL INV 5431 UCHR E $31.35 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 365 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE CLERICAL AIDE 0241 UCHR A $11.00 ‐‐ CLERICAL AIDE 0241 UCHR B $11.07 ‐‐ CLERICAL AIDE 0241 UCHR C $11.63 ‐‐ CLERICAL AIDE 0241 UCHR D $12.21 ‐‐ CLERICAL AIDE 0241 UCHR E $12.82 ‐‐ CLT ARTS PM MGR 4435 PROF A $38.00 $3,039.79 CLT ARTS PM MGR 4435 PROF B $39.90 $3,191.78 CLT ARTS PM MGR 4435 PROF C $41.89 $3,351.37 CLT ARTS PM MGR 4435 PROF D $43.99 $3,518.91 CLT ARTS PM MGR 4435 PROF E $46.19 $3,694.89 CODE ENF OFF I 4777 ACE A $25.43 $2,034.61 CODE ENF OFF I 4777 ACE B $26.70 $2,136.35 CODE ENF OFF I 4777 ACE C $28.04 $2,243.16 CODE ENF OFF I 4777 ACE D $29.44 $2,355.32 CODE ENF OFF I 4777 ACE E $30.91 $2,473.09 CODE ENF OFF II 4778 UCHR A $27.98 ‐‐ CODE ENF OFF II 4778 UCHR B $29.37 ‐‐ CODE ENF OFF II 4778 UCHR C $30.84 ‐‐ CODE ENF OFF II 4778 UCHR D $32.39 ‐‐ CODE ENF OFF II 4778 UCHR E $34.01 ‐‐ CODE ENF OFF II 4779 ACE A $27.98 $2,238.07 CODE ENF OFF II 4779 ACE B $29.37 $2,349.98 CODE ENF OFF II 4779 ACE C $30.84 $2,467.48 CODE ENF OFF II 4779 ACE D $32.39 $2,590.85 CODE ENF OFF II 4779 ACE E $34.01 $2,720.40 CODE ENF TECH 4789 ACE A $22.12 $1,769.23 CODE ENF TECH 4789 ACE B $23.22 $1,857.70 CODE ENF TECH 4789 ACE C $24.38 $1,950.58 CODE ENF TECH 4789 ACE D $25.60 $2,048.11 CODE ENF TECH 4789 ACE E $26.88 $2,150.51 COLLECTIONS SUP 3683 MM A $35.01 $2,800.98 COLLECTIONS SUP 3683 MM B $36.76 $2,941.04 COLLECTIONS SUP 3683 MM C $38.60 $3,088.09 COLLECTIONS SUP 3683 MM D $40.53 $3,242.49 COLLECTIONS SUP 3683 MM E $42.56 $3,404.62 COMMTY SERV OFF 5141 ACE A $20.07 $1,605.67 COMMTY SERV OFF 5141 ACE B $21.07 $1,685.96 COMMTY SERV OFF 5141 ACE C $22.13 $1,770.25 COMMTY SERV OFF 5141 ACE D $23.23 $1,858.76 COMMTY SERV OFF 5141 ACE E $24.40 $1,951.70 CONSTIT SRV REP 2039 CONF A ‐‐‐‐ CONSTIT SRV REP 2039 CONF B ‐‐‐‐ CONSTIT SRV REP 2039 CONF C ‐‐‐‐ CONSTIT SRV REP 2039 CONF D ‐‐‐‐ CONSTIT SRV REP 2039 CONF E $23.54 $1,883.08 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 366 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE CONSVTN SPEC I 6200 ACE A $23.12 $1,849.65 CONSVTN SPEC I 6200 ACE B $24.28 $1,942.14 CONSVTN SPEC I 6200 ACE C $25.49 $2,039.25 CONSVTN SPEC I 6200 ACE D $26.77 $2,141.20 CONSVTN SPEC I 6200 ACE E $28.10 $2,248.26 CONSVTN SPEC II 6202 ACE A $25.43 $2,034.61 CONSVTN SPEC II 6202 ACE B $26.70 $2,136.35 CONSVTN SPEC II 6202 ACE C $28.04 $2,243.16 CONSVTN SPEC II 6202 ACE D $29.44 $2,355.32 CONSVTN SPEC II 6202 ACE E $30.91 $2,473.09 COUNCIL ASST 2023 UCHR A $22.91 ‐‐ COUNCIL ASST 2023 UCHR B $24.06 ‐‐ COUNCIL ASST 2023 UCHR C $25.26 ‐‐ COUNCIL ASST 2023 UCHR D $26.52 ‐‐ COUNCIL ASST 2023 UCHR E $27.85 ‐‐ COUNCILPERSON 2003 CL A ‐‐‐‐ COUNCILPERSON 2003 CL B ‐‐‐‐ COUNCILPERSON 2003 CL C ‐‐‐‐ COUNCILPERSON 2003 CL D ‐‐‐‐ COUNCILPERSON 2003 CL E $24.32 $1,945.60 CRIME LAB MGR 5101 MM A $45.34 $3,627.09 CRIME LAB MGR 5101 MM B $47.61 $3,808.45 CRIME LAB MGR 5101 MM C $49.99 $3,998.86 CRIME LAB MGR 5101 MM D $52.49 $4,198.81 CRIME LAB MGR 5101 MM E $55.11 $4,408.75 CUSTODIAL SPVR 6667 ACE A $23.47 $1,877.92 CUSTODIAL SPVR 6667 ACE B $24.65 $1,971.82 CUSTODIAL SPVR 6667 ACE C $25.88 $2,070.42 CUSTODIAL SPVR 6667 ACE D $27.17 $2,173.94 CUSTODIAL SPVR 6667 ACE E $28.53 $2,282.64 CUSTODIAN 6661 ACE A $18.56 $1,484.52 CUSTODIAN 6661 ACE B $19.48 $1,558.74 CUSTODIAN 6661 ACE C $20.46 $1,636.68 CUSTODIAN 6661 ACE D $21.48 $1,718.52 CUSTODIAN 6661 ACE E $22.56 $1,804.44 CUSTODIAN 6662 UCHR A $18.56 ‐‐ CUSTODIAN 6662 UCHR B $19.48 ‐‐ CUSTODIAN 6662 UCHR C $20.46 ‐‐ CUSTODIAN 6662 UCHR D $21.48 ‐‐ CUSTODIAN 6662 UCHR E $22.56 ‐‐ DELIVERY DRIVER 7191 ACE A $17.01 $1,360.81 DELIVERY DRIVER 7191 ACE B $17.86 $1,428.86 DELIVERY DRIVER 7191 ACE C $18.75 $1,500.30 DELIVERY DRIVER 7191 ACE D $19.69 $1,575.32 DELIVERY DRIVER 7191 ACE E $20.68 $1,654.08 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 367 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE DEP CTY ATY I 2410 PRUC A $41.96 $3,356.44 DEP CTY ATY I 2410 PRUC B $44.05 $3,524.27 DEP CTY ATY I 2410 PRUC C $46.26 $3,700.48 DEP CTY ATY I 2410 PRUC D $48.57 $3,885.51 DEP CTY ATY I 2410 PRUC E $51.00 $4,079.79 DEP CTY ATY II 2408 PRUC A $50.35 $4,027.74 DEP CTY ATY II 2408 PRUC B $52.86 $4,229.12 DEP CTY ATY II 2408 PRUC C $55.51 $4,440.58 DEP CTY ATY II 2408 PRUC D $58.28 $4,662.60 DEP CTY ATY II 2408 PRUC E $61.20 $4,895.73 DEP CTY ATY III 2411 SM A $63.19 $5,055.12 DEP CTY ATY III 2411 SM B $66.35 $5,307.88 DEP CTY ATY III 2411 SM C $69.67 $5,573.27 DEP CTY ATY III 2411 SM D $73.15 $5,851.93 DEP CTY ATY III 2411 SM E $76.81 $6,144.50 DEP CTY CLK I 2245 PRUC A $25.94 $2,075.54 DEP CTY CLK I 2245 PRUC B $27.24 $2,179.31 DEP CTY CLK I 2245 PRUC C $28.60 $2,288.28 DEP CTY CLK I 2245 PRUC D $30.03 $2,402.69 DEP CTY CLK I 2245 PRUC E $31.54 $2,522.83 DEP CTY CLK II 2243 PRUC A $28.54 $2,283.10 DEP CTY CLK II 2243 PRUC B $29.97 $2,397.26 DEP CTY CLK II 2243 PRUC C $31.46 $2,517.12 DEP CTY CLK II 2243 PRUC D $33.04 $2,642.97 DEP CTY CLK II 2243 PRUC E $34.69 $2,775.12 DEP CTY MGR 2705 EXEC A $94.71 $7,576.43 DEP CTY MGR 2705 EXEC B ‐‐‐‐ DEP CTY MGR 2705 EXEC C ‐‐‐‐ DEP CTY MGR 2705 EXEC D ‐‐‐‐ DEP CTY MGR 2705 EXEC E $104.90 $8,391.70 DEP FIRE CHIEF 5505 SM A $65.36 $5,229.00 DEP FIRE CHIEF 5505 SM B ‐‐‐‐ DEP FIRE CHIEF 5505 SM C ‐‐‐‐ DEP FIRE CHIEF 5505 SM D ‐‐‐‐ DEP FIRE CHIEF 5505 SM E $79.45 $6,355.90 DET FACILTY MGR 5130 MM A $45.34 $3,627.09 DET FACILTY MGR 5130 MM B $47.61 $3,808.45 DET FACILTY MGR 5130 MM C $49.99 $3,998.86 DET FACILTY MGR 5130 MM D $52.49 $4,198.81 DET FACILTY MGR 5130 MM E $55.11 $4,408.75 DEV SRV CTR MGR 4547 MM A $43.74 $3,498.91 DEV SRV CTR MGR 4547 MM B $45.92 $3,673.85 DEV SRV CTR MGR 4547 MM C $48.22 $3,857.54 DEV SRV CTR MGR 4547 MM D $50.63 $4,050.42 DEV SRV CTR MGR 4547 MM E $53.16 $4,252.94 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 368 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE DEV SRV TCH I 4542 ACE A $20.92 $1,673.58 DEV SRV TCH I 4542 ACE B $21.97 $1,757.26 DEV SRV TCH I 4542 ACE C $23.06 $1,845.12 DEV SRV TCH I 4542 ACE D $24.22 $1,937.38 DEV SRV TCH I 4542 ACE E $25.43 $2,034.25 DEV SRV TCH II 4541 ACE A $23.01 $1,840.94 DEV SRV TCH II 4541 ACE B $24.16 $1,932.98 DEV SRV TCH II 4541 ACE C $25.37 $2,029.63 DEV SRV TCH II 4541 ACE D $26.64 $2,131.12 DEV SRV TCH II 4541 ACE E $27.97 $2,237.67 DEV SRV TCH II 4544 UCHR A $23.01 ‐‐ DEV SRV TCH II 4544 UCHR B $24.16 ‐‐ DEV SRV TCH II 4544 UCHR C $25.37 ‐‐ DEV SRV TCH II 4544 UCHR D $26.64 ‐‐ DEV SRV TCH II 4544 UCHR E $27.97 ‐‐ DEV SRV TCH III 4543 ACE A $26.46 $2,117.07 DEV SRV TCH III 4543 ACE B $27.79 $2,222.93 DEV SRV TCH III 4543 ACE C $29.18 $2,334.08 DEV SRV TCH III 4543 ACE D $30.63 $2,450.77 DEV SRV TCH III 4543 ACE E $32.17 $2,573.32 DIR OF COM SVCS 7004 EXEC A $72.81 $5,825.07 DIR OF COM SVCS 7004 EXEC B ‐‐‐‐ DIR OF COM SVCS 7004 EXEC C ‐‐‐‐ DIR OF COM SVCS 7004 EXEC D ‐‐‐‐ DIR OF COM SVCS 7004 EXEC E $88.51 $7,080.66 DIR OF DEV SVCS 4039 EXEC A $78.43 $6,274.52 DIR OF DEV SVCS 4039 EXEC B ‐‐‐‐ DIR OF DEV SVCS 4039 EXEC C ‐‐‐‐ DIR OF DEV SVCS 4039 EXEC D ‐‐‐‐ DIR OF DEV SVCS 4039 EXEC E $95.35 $7,627.73 DIR OF ECON DEV 2734 EXEC A $78.43 $6,274.52 DIR OF ECON DEV 2734 EXEC B ‐‐‐‐ DIR OF ECON DEV 2734 EXEC C ‐‐‐‐ DIR OF ECON DEV 2734 EXEC D ‐‐‐‐ DIR OF ECON DEV 2734 EXEC E $95.35 $7,627.73 DIR OF ENG/CE 6006 EXEC A $72.82 $5,825.27 DIR OF ENG/CE 6006 EXEC B ‐‐‐‐ DIR OF ENG/CE 6006 EXEC C ‐‐‐‐ DIR OF ENG/CE 6006 EXEC D ‐‐‐‐ DIR OF ENG/CE 6006 EXEC E $88.51 $7,080.66 DIR OF FINANCE 3601 EXEC A $79.00 $6,319.70 DIR OF FINANCE 3601 EXEC B ‐‐‐‐ DIR OF FINANCE 3601 EXEC C $88.51 $7,080.68 DIR OF FINANCE 3601 EXEC D ‐‐‐‐ DIR OF FINANCE 3601 EXEC E $95.33 $7,626.71 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 369 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE DIR OF HR 3303 EXEC A $72.81 $5,825.07 DIR OF HR 3303 EXEC B ‐‐‐‐ DIR OF HR 3303 EXEC C ‐‐‐‐ DIR OF HR 3303 EXEC D ‐‐‐‐ DIR OF HR 3303 EXEC E $88.51 $7,080.65 DIR OF ITS 3001 EXEC A $72.81 $5,825.08 DIR OF ITS 3001 EXEC B ‐‐‐‐ DIR OF ITS 3001 EXEC C $80.28 $6,422.14 DIR OF ITS 3001 EXEC D ‐‐‐‐ DIR OF ITS 3001 EXEC E $88.51 $7,080.65 DIR OF LIBRARY 7002 EXEC A $73.38 $5,870.46 DIR OF LIBRARY 7002 EXEC B ‐‐‐‐ DIR OF LIBRARY 7002 EXEC C ‐‐‐‐ DIR OF LIBRARY 7002 EXEC D ‐‐‐‐ DIR OF LIBRARY 7002 EXEC E $88.51 $7,080.66 DIR OF PW 6320 EXEC A $77.74 $6,219.33 DIR OF PW 6320 EXEC B ‐‐‐‐ DIR OF PW 6320 EXEC C $91.65 $7,332.23 DIR OF PW 6320 EXEC D ‐‐‐‐ DIR OF PW 6320 EXEC E $95.33 $7,626.71 DIR OF REC 7405 EXEC A $67.33 $5,386.25 DIR OF REC 7405 EXEC B $70.69 $5,655.56 DIR OF REC 7405 EXEC C $74.23 $5,938.34 DIR OF REC 7405 EXEC D $77.94 $6,235.26 DIR OF REC 7405 EXEC E $81.84 $6,547.02 ECON DEV SPC I 2747 ACE A $27.72 $2,217.36 ECON DEV SPC I 2747 ACE B $29.10 $2,328.23 ECON DEV SPC I 2747 ACE C $30.56 $2,444.64 ECON DEV SPC I 2747 ACE D $32.09 $2,566.87 ECON DEV SPC I 2747 ACE E $33.69 $2,695.22 ECON DEV SPC II 2749 ACE A $33.26 $2,660.83 ECON DEV SPC II 2749 ACE B $34.92 $2,793.87 ECON DEV SPC II 2749 ACE C $36.67 $2,933.57 ECON DEV SPC II 2749 ACE D $38.50 $3,080.25 ECON DEV SPC II 2749 ACE E $40.43 $3,234.26 ELEC TECH 6475 ACE A $29.51 $2,360.90 ELEC TECH 6475 ACE B $30.99 $2,478.94 ELEC TECH 6475 ACE C $32.54 $2,602.89 ELEC TECH 6475 ACE D $34.16 $2,733.03 ELEC TECH 6475 ACE E $35.87 $2,869.69 ELEC TECH SUPV 6472 ACE A $33.94 $2,715.03 ELEC TECH SUPV 6472 ACE B $35.63 $2,850.78 ELEC TECH SUPV 6472 ACE C $37.42 $2,993.32 ELEC TECH SUPV 6472 ACE D $39.29 $3,142.99 ELEC TECH SUPV 6472 ACE E $41.25 $3,300.13 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 370 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE ELEC/EQUIP INST 6492 ACE A $24.39 $1,951.12 ELEC/EQUIP INST 6492 ACE B $25.61 $2,048.67 ELEC/EQUIP INST 6492 ACE C $26.89 $2,151.10 ELEC/EQUIP INST 6492 ACE D $28.23 $2,258.66 ELEC/EQUIP INST 6492 ACE E $29.64 $2,371.59 ELECTRICIAN 6438 ACE A $26.83 $2,146.22 ELECTRICIAN 6438 ACE B $28.17 $2,253.53 ELECTRICIAN 6438 ACE C $29.58 $2,366.22 ELECTRICIAN 6438 ACE D $31.06 $2,484.53 ELECTRICIAN 6438 ACE E $32.61 $2,608.74 EMRG SVCS COORD 5564 PROF A $37.78 $3,022.47 EMRG SVCS COORD 5564 PROF B $39.67 $3,173.60 EMRG SVCS COORD 5564 PROF C $41.65 $3,332.28 EMRG SVCS COORD 5564 PROF D $43.74 $3,498.90 EMRG SVCS COORD 5564 PROF E $45.92 $3,673.84 EMS NURSE COORD 5567 PROF A $47.79 $3,823.07 EMS NURSE COORD 5567 PROF B $50.18 $4,014.22 EMS NURSE COORD 5567 PROF C $52.69 $4,214.94 EMS NURSE COORD 5567 PROF D $55.32 $4,425.69 EMS NURSE COORD 5567 PROF E $58.09 $4,646.97 ENG TECH I 6081 ACE A $25.46 $2,036.86 ENG TECH I 6081 ACE B $26.73 $2,138.70 ENG TECH I 6081 ACE C $28.07 $2,245.63 ENG TECH I 6081 ACE D $29.47 $2,357.91 ENG TECH I 6081 ACE E $30.95 $2,475.81 ENG TECH II 6071 ACE A $28.01 $2,240.54 ENG TECH II 6071 ACE B $29.41 $2,352.57 ENG TECH II 6071 ACE C $30.88 $2,470.20 ENG TECH II 6071 ACE D $32.42 $2,593.71 ENG TECH II 6071 ACE E $34.04 $2,723.39 ENV HEALTH SPEC 6129 ACE A $33.67 $2,693.76 ENV HEALTH SPEC 6129 ACE B $35.36 $2,828.45 ENV HEALTH SPEC 6129 ACE C $37.12 $2,969.86 ENV HEALTH SPEC 6129 ACE D $38.98 $3,118.35 ENV HEALTH SPEC 6129 ACE E $40.93 $3,274.27 ENV SUST MGR 6207 MM A $47.50 $3,800.10 ENV SUST MGR 6207 MM B $49.88 $3,990.11 ENV SUST MGR 6207 MM C $52.37 $4,189.61 ENV SUST MGR 6207 MM D $54.99 $4,399.09 ENV SUST MGR 6207 MM E $57.74 $4,619.04 ENV SVCS MGR 6205 MM A $47.50 $3,800.10 ENV SVCS MGR 6205 MM B $49.88 $3,990.11 ENV SVCS MGR 6205 MM C $52.37 $4,189.61 ENV SVCS MGR 6205 MM D $54.99 $4,399.09 ENV SVCS MGR 6205 MM E $57.74 $4,619.04 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 371 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE EQUIP MAINT MGR 6505 MM A $37.42 $2,993.63 EQUIP MAINT MGR 6505 MM B $39.29 $3,143.31 EQUIP MAINT MGR 6505 MM C $41.26 $3,300.48 EQUIP MAINT MGR 6505 MM D $43.32 $3,465.50 EQUIP MAINT MGR 6505 MM E $45.48 $3,638.78 EQUIP MECH 6542 ACE A $25.32 $2,025.28 EQUIP MECH 6542 ACE B $26.58 $2,126.54 EQUIP MECH 6542 ACE C $27.91 $2,232.86 EQUIP MECH 6542 ACE D $29.31 $2,344.52 EQUIP MECH 6542 ACE E $30.77 $2,461.74 EQUIP OPERATOR 6361 ACE A $26.94 $2,155.53 EQUIP OPERATOR 6361 ACE B $28.29 $2,263.30 EQUIP OPERATOR 6361 ACE C $29.71 $2,376.47 EQUIP OPERATOR 6361 ACE D $31.19 $2,495.29 EQUIP OPERATOR 6361 ACE E $32.75 $2,620.05 EXEC SECRETARY 0187 CONF A $30.68 $2,454.51 EXEC SECRETARY 0187 CONF B $32.22 $2,577.23 EXEC SECRETARY 0187 CONF C $33.83 $2,706.09 EXEC SECRETARY 0187 CONF D $35.52 $2,841.39 EXEC SECRETARY 0187 CONF E $37.29 $2,983.46 FA ACCTG TECH 5270 CONF A $25.96 $2,076.49 FA ACCTG TECH 5270 CONF B $27.25 $2,180.30 FA ACCTG TECH 5270 CONF C $28.62 $2,289.32 FA ACCTG TECH 5270 CONF D $30.05 $2,403.78 FA ACCTG TECH 5270 CONF E $31.55 $2,523.98 FA ADM ANLYT I 5297 CONF A $28.51 $2,280.72 FA ADM ANLYT I 5297 CONF B $29.93 $2,394.77 FA ADM ANLYT I 5297 CONF C $31.43 $2,514.49 FA ADM ANLYT I 5297 CONF D $33.00 $2,640.22 FA ADM ANLYT I 5297 CONF E $34.65 $2,772.23 FA ADM ANLYT II 5296 CONF A $31.36 $2,508.79 FA ADM ANLYT II 5296 CONF B $32.93 $2,634.23 FA ADM ANLYT II 5296 CONF C $34.57 $2,765.94 FA ADM ANLYT II 5296 CONF D $36.30 $2,904.25 FA ADM ANLYT II 5296 CONF E $38.12 $3,049.45 FA ANALYST 5277 CONF A $21.79 $1,742.85 FA ANALYST 5277 CONF B $22.87 $1,829.99 FA ANALYST 5277 CONF C $24.02 $1,921.50 FA ANALYST 5277 CONF D $25.22 $2,017.57 FA ANALYST 5277 CONF E $26.48 $2,118.45 FA DEP DIR LECC 5465 SM A $46.91 $3,752.66 FA DEP DIR LECC 5465 SM B $49.25 $3,940.29 FA DEP DIR LECC 5465 SM C $51.72 $4,137.30 FA DEP DIR LECC 5465 SM D $54.30 $4,344.17 FA DEP DIR LECC 5465 SM E $57.02 $4,561.39 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 372 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FA DEP EXEC DIR 5463 SM A $51.23 $4,098.48 FA DEP EXEC DIR 5463 SM B ‐‐‐‐ FA DEP EXEC DIR 5463 SM C ‐‐‐‐ FA DEP EXEC DIR 5463 SM D ‐‐‐‐ FA DEP EXEC DIR 5463 SM E $62.27 $4,981.73 FA DIR OF LECC 5274 SM A $60.19 $4,820.88 FA DIR OF LECC 5274 SM B ‐‐‐‐ FA DIR OF LECC 5274 SM C ‐‐‐‐ FA DIR OF LECC 5274 SM D ‐‐‐‐ FA DIR OF LECC 5274 SM E $73.25 $5,859.81 FA EXEC ASST 5286 CONF A $27.91 $2,232.91 FA EXEC ASST 5286 CONF B $29.31 $2,344.56 FA EXEC ASST 5286 CONF C $30.77 $2,461.79 FA EXEC ASST 5286 CONF D $32.31 $2,584.87 FA EXEC ASST 5286 CONF E $33.93 $2,714.13 FA EXEC DIR 5461 EXEC A $60.19 $4,815.34 FA EXEC DIR 5461 EXEC B ‐‐‐‐ FA EXEC DIR 5461 EXEC C ‐‐‐‐ FA EXEC DIR 5461 EXEC D ‐‐‐‐ FA EXEC DIR 5461 EXEC E $73.16 $5,853.08 FA FIN MGR 5493 MMUC A $46.33 $3,706.21 FA FIN MGR 5493 MMUC B $48.64 $3,891.52 FA FIN MGR 5493 MMUC C $51.08 $4,086.10 FA FIN MGR 5493 MMUC D $53.63 $4,290.41 FA FIN MGR 5493 MMUC E $56.31 $4,504.92 FA GD/WEBMASTER 5289 CONF A $29.49 $2,359.23 FA GD/WEBMASTER 5289 CONF B $30.97 $2,477.20 FA GD/WEBMASTER 5289 CONF C $32.51 $2,601.06 FA GD/WEBMASTER 5289 CONF D $34.14 $2,731.11 FA GD/WEBMASTER 5289 CONF E $35.85 $2,867.67 FA GS INTL ANYT 5439 PRUC A $40.21 $3,216.70 FA GS INTL ANYT 5439 PRUC B $42.22 $3,377.54 FA GS INTL ANYT 5439 PRUC C $44.33 $3,546.41 FA GS INTL ANYT 5439 PRUC D $46.55 $3,723.73 FA GS INTL ANYT 5439 PRUC E $48.87 $3,909.92 FA INTEL ANLYT 5485 CONF A $29.49 $2,359.23 FA INTEL ANLYT 5485 CONF B $30.97 $2,477.20 FA INTEL ANLYT 5485 CONF C $32.51 $2,601.06 FA INTEL ANLYT 5485 CONF D $34.14 $2,731.11 FA INTEL ANLYT 5485 CONF E $35.85 $2,867.67 FA IS PGM MGR 5453 MMUC A $46.90 $3,752.29 FA IS PGM MGR 5453 MMUC B $49.25 $3,939.91 FA IS PGM MGR 5453 MMUC C $51.71 $4,136.91 FA IS PGM MGR 5453 MMUC D $54.30 $4,343.75 FA IS PGM MGR 5453 MMUC E $57.01 $4,560.94 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 373 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FA IVLECC EXDIR 5491 SM A $51.02 $4,081.28 FA IVLECC EXDIR 5491 SM B $53.57 $4,285.33 FA IVLECC EXDIR 5491 SM C $56.25 $4,499.60 FA IVLECC EXDIR 5491 SM D $59.06 $4,724.57 FA IVLECC EXDIR 5491 SM E $62.01 $4,960.80 FA LECC IT MGR 5440 MMUC A $42.89 $3,431.15 FA LECC IT MGR 5440 MMUC B $45.03 $3,602.70 FA LECC IT MGR 5440 MMUC C $47.29 $3,782.83 FA LECC IT MGR 5440 MMUC D $49.65 $3,971.98 FA LECC IT MGR 5440 MMUC E $52.13 $4,170.58 FA MCROCMP SPEC 5443 PRUC A $34.87 $2,789.73 FA MCROCMP SPEC 5443 PRUC B $36.62 $2,929.22 FA MCROCMP SPEC 5443 PRUC C $38.45 $3,075.68 FA MCROCMP SPEC 5443 PRUC D $40.37 $3,229.46 FA MCROCMP SPEC 5443 PRUC E $42.39 $3,390.94 FA MGMT ASST 5278 CONF A $26.58 $2,126.59 FA MGMT ASST 5278 CONF B $27.91 $2,232.91 FA MGMT ASST 5278 CONF C $29.31 $2,344.57 FA MGMT ASST 5278 CONF D $30.77 $2,461.80 FA MGMT ASST 5278 CONF E $32.31 $2,584.88 FA NTWK ADMN I 5292 PRUC A $35.09 $2,807.55 FA NTWK ADMN I 5292 PRUC B $36.85 $2,947.93 FA NTWK ADMN I 5292 PRUC C $38.69 $3,095.32 FA NTWK ADMN I 5292 PRUC D $40.63 $3,250.09 FA NTWK ADMN I 5292 PRUC E $42.66 $3,412.59 FA NTWK ADMN II 5294 PRUC A $38.60 $3,088.31 FA NTWK ADMN II 5294 PRUC B $40.53 $3,242.72 FA NTWK ADMN II 5294 PRUC C $42.56 $3,404.86 FA NTWK ADMN II 5294 PRUC D $44.69 $3,575.10 FA NTWK ADMN II 5294 PRUC E $46.92 $3,753.86 FA PGM ANALYST 5444 PRUC A $41.60 $3,328.24 FA PGM ANALYST 5444 PRUC B $43.68 $3,494.65 FA PGM ANALYST 5444 PRUC C $45.87 $3,669.39 FA PGM ANALYST 5444 PRUC D $48.16 $3,852.86 FA PGM ANALYST 5444 PRUC E $50.57 $4,045.50 FA PGM ASST 5451 CONF A $21.23 $1,698.75 FA PGM ASST 5451 CONF B $22.30 $1,783.68 FA PGM ASST 5451 CONF C $23.41 $1,872.87 FA PGM ASST 5451 CONF D $24.58 $1,966.52 FA PGM ASST 5451 CONF E $25.81 $2,064.84 FA PGM ASST SUP 5452 PRUC A $30.26 $2,420.64 FA PGM ASST SUP 5452 PRUC B $31.77 $2,541.68 FA PGM ASST SUP 5452 PRUC C $33.36 $2,668.77 FA PGM ASST SUP 5452 PRUC D $35.03 $2,802.21 FA PGM ASST SUP 5452 PRUC E $36.78 $2,942.31 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 374 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FA PGM MGR 5445 SM A $46.91 $3,752.66 FA PGM MGR 5445 SM B $49.32 $3,945.40 FA PGM MGR 5445 SM C $51.72 $4,137.30 FA PGM MGR 5445 SM D $54.30 $4,344.17 FA PGM MGR 5445 SM E $57.02 $4,561.39 FA PPPE PGM MGR 5497 MMUC A $43.62 $3,489.59 FA PPPE PGM MGR 5497 MMUC B $45.80 $3,664.07 FA PPPE PGM MGR 5497 MMUC C $48.09 $3,847.28 FA PPPE PGM MGR 5497 MMUC D $50.50 $4,039.65 FA PPPE PGM MGR 5497 MMUC E $53.02 $4,241.63 FA RCFL NWK ENG 5284 CONF A $34.22 $2,737.82 FA RCFL NWK ENG 5284 CONF B $35.93 $2,874.71 FA RCFL NWK ENG 5284 CONF C $37.73 $3,018.45 FA RCFL NWK ENG 5284 CONF D $39.62 $3,169.36 FA RCFL NWK ENG 5284 CONF E $41.60 $3,327.83 FA SPV INT ANLT 5481 PRUC A $37.77 $3,021.32 FA SPV INT ANLT 5481 PRUC B $39.65 $3,172.38 FA SPV INT ANLT 5481 PRUC C $41.64 $3,331.00 FA SPV INT ANLT 5481 PRUC D $43.72 $3,497.56 FA SPV INT ANLT 5481 PRUC E $45.91 $3,672.44 FA SR FIN ANLYT 5495 PRUC A $32.60 $2,608.16 FA SR FIN ANLYT 5495 PRUC B $34.23 $2,738.57 FA SR FIN ANLYT 5495 PRUC C $35.94 $2,875.49 FA SR FIN ANLYT 5495 PRUC D $37.74 $3,019.27 FA SR FIN ANLYT 5495 PRUC E $39.63 $3,170.23 FA SR INTL ANLT 5483 PRUC A $34.33 $2,746.66 FA SR INTL ANLT 5483 PRUC B $36.05 $2,883.99 FA SR INTL ANLT 5483 PRUC C $37.85 $3,028.20 FA SR INTL ANLT 5483 PRUC D $39.75 $3,179.61 FA SR INTL ANLT 5483 PRUC E $41.73 $3,338.58 FA SR PGM ASST 5454 CONF A $25.26 $2,021.08 FA SR PGM ASST 5454 CONF B $26.53 $2,122.13 FA SR PGM ASST 5454 CONF C $27.85 $2,228.24 FA SR PGM ASST 5454 CONF D $29.25 $2,339.66 FA SR PGM ASST 5454 CONF E $30.71 $2,456.64 FA SR SECRETARY 5477 CONF A $21.84 $1,747.53 FA SR SECRETARY 5477 CONF B $22.94 $1,834.90 FA SR SECRETARY 5477 CONF C $24.08 $1,926.65 FA SR SECRETARY 5477 CONF D $25.29 $2,022.98 FA SR SECRETARY 5477 CONF E $26.55 $2,124.13 FAC & SUPP SPEC 5646 UCHR A $21.81 ‐‐ FAC & SUPP SPEC 5646 UCHR B $22.91 ‐‐ FAC & SUPP SPEC 5646 UCHR C $24.05 ‐‐ FAC & SUPP SPEC 5646 UCHR D $25.25 ‐‐ FAC & SUPP SPEC 5646 UCHR E $26.52 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 375 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FAC & SUPP SPEC 5648 ACE A $21.81 $1,745.14 FAC & SUPP SPEC 5648 ACE B $22.91 $1,832.40 FAC & SUPP SPEC 5648 ACE C $24.05 $1,924.02 FAC & SUPP SPEC 5648 ACE D $25.25 $2,020.21 FAC & SUPP SPEC 5648 ACE E $26.52 $2,121.22 FACILITIES MGR 6425 MM A $42.62 $3,409.71 FACILITIES MGR 6425 MM B $44.75 $3,580.19 FACILITIES MGR 6425 MM C $46.99 $3,759.20 FACILITIES MGR 6425 MM D $49.34 $3,947.16 FACILITIES MGR 6425 MM E $51.81 $4,144.52 FIELD MAIN SPEC 7471 ACE A $19.83 $1,586.50 FIELD MAIN SPEC 7471 ACE B $20.82 $1,665.82 FIELD MAIN SPEC 7471 ACE C $21.86 $1,749.12 FIELD MAIN SPEC 7471 ACE D $22.96 $1,836.57 FIELD MAIN SPEC 7471 ACE E $24.10 $1,928.39 FIN & PURCH MGR 3625 SM A $56.49 $4,519.38 FIN & PURCH MGR 3625 SM B ‐‐‐‐ FIN & PURCH MGR 3625 SM C ‐‐‐‐ FIN & PURCH MGR 3625 SM D ‐‐‐‐ FIN & PURCH MGR 3625 SM E $68.67 $5,493.33 FIRE APP MECH 6521 ACE A $30.36 $2,429.07 FIRE APP MECH 6521 ACE B $31.88 $2,550.53 FIRE APP MECH 6521 ACE C $33.48 $2,678.05 FIRE APP MECH 6521 ACE D $35.15 $2,811.96 FIRE APP MECH 6521 ACE E $36.91 $2,952.55 FIRE BC‐112HR 5511 IAFF A $37.02 $4,146.44 FIRE BC‐112HR 5511 IAFF B $38.87 $4,353.74 FIRE BC‐112HR 5511 IAFF C $40.82 $4,571.44 FIRE BC‐112HR 5511 IAFF D $42.86 $4,800.02 FIRE BC‐112HR 5511 IAFF E $45.00 $5,040.01 FIRE BC‐80HR 5513 IAFF A $51.83 $4,146.43 FIRE BC‐80HR 5513 IAFF B $54.42 $4,353.75 FIRE BC‐80HR 5513 IAFF C $57.14 $4,571.44 FIRE BC‐80HR 5513 IAFF D $60.00 $4,800.01 FIRE BC‐80HR 5513 IAFF E $63.00 $5,040.01 FIRE CAPT‐112HR 5583 IAFF A $29.72 $3,328.40 FIRE CAPT‐112HR 5583 IAFF B $31.20 $3,494.84 FIRE CAPT‐112HR 5583 IAFF C $32.76 $3,669.57 FIRE CAPT‐112HR 5583 IAFF D $34.40 $3,853.05 FIRE CAPT‐112HR 5583 IAFF E $36.12 $4,045.70 FIRE CAPT‐80HR 5581 IAFF A $41.61 $3,328.41 FIRE CAPT‐80HR 5581 IAFF B $43.69 $3,494.83 FIRE CAPT‐80HR 5581 IAFF C $45.87 $3,669.57 FIRE CAPT‐80HR 5581 IAFF D $48.16 $3,853.05 FIRE CAPT‐80HR 5581 IAFF E $50.57 $4,045.71 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 376 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FIRE CAPT‐INT 5580 IAFF A $29.72 $3,328.40 FIRE CAPT‐INT 5580 IAFF B $31.20 $3,494.84 FIRE CAPT‐INT 5580 IAFF C $32.76 $3,669.57 FIRE CAPT‐INT 5580 IAFF D $34.40 $3,853.05 FIRE CAPT‐INT 5580 IAFF E $36.12 $4,045.70 FIRE CHIEF 5501 EXEC A $78.44 $6,274.80 FIRE CHIEF 5501 EXEC B ‐‐‐‐ FIRE CHIEF 5501 EXEC C $92.97 $7,437.75 FIRE CHIEF 5501 EXEC D ‐‐‐‐ FIRE CHIEF 5501 EXEC E $95.33 $7,626.73 FIRE DIV CHIEF 5507 MMUC A $57.60 $4,607.73 FIRE DIV CHIEF 5507 MMUC B $60.48 $4,838.12 FIRE DIV CHIEF 5507 MMUC C $63.50 $5,080.02 FIRE DIV CHIEF 5507 MMUC D $66.68 $5,334.02 FIRE DIV CHIEF 5507 MMUC E $70.01 $5,600.72 FIRE ENG‐112HR 5603 IAFF A $25.34 $2,837.88 FIRE ENG‐112HR 5603 IAFF B $26.61 $2,979.76 FIRE ENG‐112HR 5603 IAFF C $27.94 $3,128.74 FIRE ENG‐112HR 5603 IAFF D $29.33 $3,285.18 FIRE ENG‐112HR 5603 IAFF E $30.80 $3,449.45 FIRE ENG‐80HR 5601 IAFF A $35.47 $2,837.88 FIRE ENG‐80HR 5601 IAFF B $37.25 $2,979.76 FIRE ENG‐80HR 5601 IAFF C $39.11 $3,128.75 FIRE ENG‐80HR 5601 IAFF D $41.06 $3,285.19 FIRE ENG‐80HR 5601 IAFF E $43.12 $3,449.45 FIRE ENG‐INT 5602 IAFF A $25.34 $2,837.88 FIRE ENG‐INT 5602 IAFF B $26.61 $2,979.76 FIRE ENG‐INT 5602 IAFF C $27.94 $3,128.74 FIRE ENG‐INT 5602 IAFF D $29.33 $3,285.18 FIRE ENG‐INT 5602 IAFF E $30.80 $3,449.45 FIRE INS/INV I 5530 IAFF A $30.00 $2,400.07 FIRE INS/INV I 5530 IAFF B $31.50 $2,520.08 FIRE INS/INV I 5530 IAFF C $33.08 $2,646.07 FIRE INS/INV I 5530 IAFF D $34.73 $2,778.38 FIRE INS/INV I 5530 IAFF E $36.47 $2,917.30 FIRE INS/INV I 5534 UCHR A $30.00 ‐‐ FIRE INS/INV I 5534 UCHR B $31.50 ‐‐ FIRE INS/INV I 5534 UCHR C $33.08 ‐‐ FIRE INS/INV I 5534 UCHR D $34.73 ‐‐ FIRE INS/INV I 5534 UCHR E $36.47 ‐‐ FIRE INS/INV II 5531 IAFF A $33.00 $2,640.06 FIRE INS/INV II 5531 IAFF B $34.65 $2,772.07 FIRE INS/INV II 5531 IAFF C $36.38 $2,910.67 FIRE INS/INV II 5531 IAFF D $38.20 $3,056.20 FIRE INS/INV II 5531 IAFF E $40.11 $3,209.02 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 377 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FIRE INS/INV II 5532 UCHR A $33.00 ‐‐ FIRE INS/INV II 5532 UCHR B $34.65 ‐‐ FIRE INS/INV II 5532 UCHR C $36.38 ‐‐ FIRE INS/INV II 5532 UCHR D $38.20 ‐‐ FIRE INS/INV II 5532 UCHR E $40.11 ‐‐ FIRE PRV AIDE 5533 UCHR A $14.25 ‐‐ FIRE PRV AIDE 5533 UCHR B $14.96 ‐‐ FIRE PRV AIDE 5533 UCHR C $15.71 ‐‐ FIRE PRV AIDE 5533 UCHR D $16.49 ‐‐ FIRE PRV AIDE 5533 UCHR E $17.32 ‐‐ FIRE PRV AIDE 5535 ACE A $14.39 $1,151.26 FIRE PRV AIDE 5535 ACE B $15.11 $1,208.82 FIRE PRV AIDE 5535 ACE C $15.87 $1,269.27 FIRE PRV AIDE 5535 ACE D $16.66 $1,332.73 FIRE PRV AIDE 5535 ACE E $17.49 $1,399.36 FIRE PRV ENG/IN 5528 IAFF A $39.80 $3,184.24 FIRE PRV ENG/IN 5528 IAFF B $41.79 $3,343.46 FIRE PRV ENG/IN 5528 IAFF C $43.88 $3,510.63 FIRE PRV ENG/IN 5528 IAFF D $46.08 $3,686.16 FIRE PRV ENG/IN 5528 IAFF E $48.38 $3,870.46 FIRE RECRUIT 5625 ACE A $22.86 $1,828.67 FIRE RECRUIT 5625 ACE B $24.00 $1,920.10 FIREFGHTR‐112HR 5623 IAFF A $21.53 $2,411.89 FIREFGHTR‐112HR 5623 IAFF B $22.61 $2,532.49 FIREFGHTR‐112HR 5623 IAFF C $23.74 $2,659.10 FIREFGHTR‐112HR 5623 IAFF D $24.93 $2,792.07 FIREFGHTR‐112HR 5623 IAFF E $26.18 $2,931.66 FIREFGHTR‐80HR 5621 IAFF A $30.15 $2,411.89 FIREFGHTR‐80HR 5621 IAFF B $31.66 $2,532.49 FIREFGHTR‐80HR 5621 IAFF C $33.24 $2,659.11 FIREFGHTR‐80HR 5621 IAFF D $34.90 $2,792.07 FIREFGHTR‐80HR 5621 IAFF E $36.65 $2,931.66 FIREFGHTRPM‐112 5613 IAFF A $24.76 $2,773.67 FIREFGHTRPM‐112 5613 IAFF B $26.00 $2,912.35 FIREFGHTRPM‐112 5613 IAFF C $27.30 $3,057.97 FIREFGHTRPM‐112 5613 IAFF D $28.67 $3,210.86 FIREFGHTRPM‐112 5613 IAFF E $30.10 $3,371.41 FIREFGHTRPM‐80 5611 IAFF A $34.67 $2,773.67 FIREFGHTRPM‐80 5611 IAFF B $36.40 $2,912.35 FIREFGHTRPM‐80 5611 IAFF C $38.22 $3,057.97 FIREFGHTRPM‐80 5611 IAFF D $40.14 $3,210.86 FIREFGHTRPM‐80 5611 IAFF E $42.14 $3,371.41 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 378 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE FISC DBT MGT AN 3627 MMCF A $42.96 $3,437.19 FISC DBT MGT AN 3627 MMCF B $45.11 $3,609.05 FISC DBT MGT AN 3627 MMCF C $47.37 $3,789.50 FISC DBT MGT AN 3627 MMCF D $49.74 $3,978.98 FISC DBT MGT AN 3627 MMCF E $52.22 $4,177.92 FISC OFF SPEC 0169 ACE A $18.96 $1,516.45 FISC OFF SPEC 0169 ACE B $19.90 $1,592.28 FISC OFF SPEC 0169 ACE C $20.90 $1,671.89 FISC OFF SPEC 0169 ACE D $21.94 $1,755.48 FISC OFF SPEC 0169 ACE E $23.04 $1,843.25 FISC OFF SPEC 0170 UCHR A $18.96 ‐‐ FISC OFF SPEC 0170 UCHR B $19.90 ‐‐ FISC OFF SPEC 0170 UCHR C $20.90 ‐‐ FISC OFF SPEC 0170 UCHR D $21.94 ‐‐ FISC OFF SPEC 0170 UCHR E $23.04 ‐‐ FISC&MGT ANLYT 0216 PRCF A $42.96 $3,437.19 FISC&MGT ANLYT 0216 PRCF B $45.11 $3,609.05 FISC&MGT ANLYT 0216 PRCF C $47.37 $3,789.50 FISC&MGT ANLYT 0216 PRCF D $49.74 $3,978.98 FISC&MGT ANLYT 0216 PRCF E $52.22 $4,177.92 FLT INV CTRL SP 6513 ACE A $25.09 $2,006.91 FLT INV CTRL SP 6513 ACE B $26.34 $2,107.25 FLT INV CTRL SP 6513 ACE C $27.66 $2,212.61 FLT INV CTRL SP 6513 ACE D $29.04 $2,323.24 FLT INV CTRL SP 6513 ACE E $30.49 $2,439.41 FLT MANAGER 6501 MM A $41.57 $3,325.60 FLT MANAGER 6501 MM B $43.65 $3,491.88 FLT MANAGER 6501 MM C $45.83 $3,666.47 FLT MANAGER 6501 MM D $48.12 $3,849.80 FLT MANAGER 6501 MM E $50.53 $4,042.29 FORENSICS SPEC 5114 ACE A $30.06 $2,404.86 FORENSICS SPEC 5114 ACE B $31.56 $2,525.11 FORENSICS SPEC 5114 ACE C $33.14 $2,651.38 FORENSICS SPEC 5114 ACE D $34.80 $2,783.94 FORENSICS SPEC 5114 ACE E $36.54 $2,923.14 GARDENER (SEAS)6629 UCHR A $18.19 ‐‐ GARDENER (SEAS)6629 UCHR B $19.10 ‐‐ GARDENER (SEAS)6629 UCHR C $20.06 ‐‐ GARDENER (SEAS)6629 UCHR D $21.06 ‐‐ GARDENER (SEAS)6629 UCHR E $22.11 ‐‐ GARDENER I 6627 ACE A $18.56 $1,484.52 GARDENER I 6627 ACE B $19.48 $1,558.74 GARDENER I 6627 ACE C $20.46 $1,636.68 GARDENER I 6627 ACE D $21.48 $1,718.52 GARDENER I 6627 ACE E $22.56 $1,804.44 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 379 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE GARDENER II 6623 ACE A $20.41 $1,632.98 GARDENER II 6623 ACE B $21.43 $1,714.62 GARDENER II 6623 ACE C $22.50 $1,800.36 GARDENER II 6623 ACE D $23.63 $1,890.38 GARDENER II 6623 ACE E $24.81 $1,984.90 GIS MANAGER 3079 MM A $42.61 $3,409.00 GIS MANAGER 3079 MM B $44.74 $3,579.46 GIS MANAGER 3079 MM C $46.98 $3,758.42 GIS MANAGER 3079 MM D $49.33 $3,946.35 GIS MANAGER 3079 MM E $51.80 $4,143.67 GIS SPECIALIST 3081 ACE A $30.27 $2,421.77 GIS SPECIALIST 3081 ACE B $31.79 $2,542.85 GIS SPECIALIST 3081 ACE C $33.38 $2,670.00 GIS SPECIALIST 3081 ACE D $35.04 $2,803.49 GIS SPECIALIST 3081 ACE E $36.80 $2,943.67 GRAF ABAT COORD 6339 ACE A $30.81 $2,464.60 GRAF ABAT COORD 6339 ACE B $32.35 $2,587.83 GRAF ABAT COORD 6339 ACE C $33.97 $2,717.23 GRAF ABAT COORD 6339 ACE D $35.66 $2,853.08 GRAF ABAT COORD 6339 ACE E $37.45 $2,995.74 GRAPHIC DESGNR 2775 ACE A $26.82 $2,145.36 GRAPHIC DESGNR 2775 ACE B $28.16 $2,252.63 GRAPHIC DESGNR 2775 ACE C $29.57 $2,365.26 GRAPHIC DESGNR 2775 ACE D $31.04 $2,483.53 GRAPHIC DESGNR 2775 ACE E $32.60 $2,607.69 GYMNASTIC SPEC 7543 UCHR A $15.10 ‐‐ GYMNASTIC SPEC 7543 UCHR B $15.86 ‐‐ GYMNASTIC SPEC 7543 UCHR C $16.65 ‐‐ GYMNASTIC SPEC 7543 UCHR D $17.48 ‐‐ GYMNASTIC SPEC 7543 UCHR E $18.36 ‐‐ HOUSING MANAGER 4093 SM A $52.46 $4,196.98 HOUSING MANAGER 4093 SM B ‐‐‐‐ HOUSING MANAGER 4093 SM C ‐‐‐‐ HOUSING MANAGER 4093 SM D ‐‐‐‐ HOUSING MANAGER 4093 SM E $63.27 $5,061.53 HR ANALYST 3310 PRCF A $33.16 $2,653.13 HR ANALYST 3310 PRCF B $34.82 $2,785.78 HR ANALYST 3310 PRCF C $36.56 $2,925.07 HR ANALYST 3310 PRCF D $38.39 $3,071.33 HR ANALYST 3310 PRCF E $40.31 $3,224.89 HR OPS MGR 3317 SM A $54.03 $4,322.36 HR OPS MGR 3317 SM B ‐‐‐‐ HR OPS MGR 3317 SM C ‐‐‐‐ HR OPS MGR 3317 SM D ‐‐‐‐ HR OPS MGR 3317 SM E $65.67 $5,253.66 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 380 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE HR OPS MGR 3320 UCHR A $54.03 ‐‐ HR OPS MGR 3320 UCHR B ‐‐‐‐ HR OPS MGR 3320 UCHR C ‐‐‐‐ HR OPS MGR 3320 UCHR D ‐‐‐‐ HR OPS MGR 3320 UCHR E $65.67 ‐‐ HR TECHNICIAN 3314 UCHR A $24.09 ‐‐ HR TECHNICIAN 3314 UCHR B $25.29 ‐‐ HR TECHNICIAN 3314 UCHR C $26.56 ‐‐ HR TECHNICIAN 3314 UCHR D $27.89 ‐‐ HR TECHNICIAN 3314 UCHR E $29.28 ‐‐ HR TECHNICIAN 3315 CONF A $24.09 $1,927.10 HR TECHNICIAN 3315 CONF B $25.29 $2,023.45 HR TECHNICIAN 3315 CONF C $26.56 $2,124.61 HR TECHNICIAN 3315 CONF D $27.89 $2,230.84 HR TECHNICIAN 3315 CONF E $29.28 $2,342.39 HVAC TECHNICIAN 6430 ACE A $26.83 $2,146.22 HVAC TECHNICIAN 6430 ACE B $28.17 $2,253.53 HVAC TECHNICIAN 6430 ACE C $29.58 $2,366.22 HVAC TECHNICIAN 6430 ACE D $31.06 $2,484.53 HVAC TECHNICIAN 6430 ACE E $32.61 $2,608.74 INTERN, GRAD 0269 UCHR A $13.33 ‐‐ INTERN, GRAD 0269 UCHR B $14.00 ‐‐ INTERN, GRAD 0269 UCHR C $14.70 ‐‐ INTERN, GRAD 0269 UCHR D $15.43 ‐‐ INTERN, GRAD 0269 UCHR E $16.20 ‐‐ INTERN, UNDRGRD 0267 UCHR A $12.12 ‐‐ INTERN, UNDRGRD 0267 UCHR B $12.72 ‐‐ INTERN, UNDRGRD 0267 UCHR C $13.36 ‐‐ INTERN, UNDRGRD 0267 UCHR D $14.03 ‐‐ INTERN, UNDRGRD 0267 UCHR E $14.73 ‐‐ IT MGR 5104 SM A $51.93 $4,154.44 IT MGR 5104 SM B ‐‐‐‐ IT MGR 5104 SM C ‐‐‐‐ IT MGR 5104 SM D ‐‐‐‐ IT MGR 5104 SM E $62.32 $4,985.53 IT SUPP SPEC 3014 PROF A $34.87 $2,789.73 IT SUPP SPEC 3014 PROF B $36.62 $2,929.22 IT SUPP SPEC 3014 PROF C $38.45 $3,075.68 IT SUPP SPEC 3014 PROF D $40.37 $3,229.46 IT SUPP SPEC 3014 PROF E $42.39 $3,390.94 IT TECHNICIAN 3017 ACE A $24.96 $1,996.56 IT TECHNICIAN 3017 ACE B $26.20 $2,096.39 IT TECHNICIAN 3017 ACE C $27.52 $2,201.21 IT TECHNICIAN 3017 ACE D $28.89 $2,311.27 IT TECHNICIAN 3017 ACE E $30.34 $2,426.84 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 381 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE LATENT PRT EXAM 5111 ACE A $34.57 $2,765.61 LATENT PRT EXAM 5111 ACE B $36.30 $2,903.89 LATENT PRT EXAM 5111 ACE C $38.11 $3,049.08 LATENT PRT EXAM 5111 ACE D $40.02 $3,201.54 LATENT PRT EXAM 5111 ACE E $42.02 $3,361.60 LATENT PRT EXAM 5112 UCHR A $34.57 ‐‐ LATENT PRT EXAM 5112 UCHR B $36.30 ‐‐ LATENT PRT EXAM 5112 UCHR C $38.11 ‐‐ LATENT PRT EXAM 5112 UCHR D $40.02 ‐‐ LATENT PRT EXAM 5112 UCHR E $42.02 ‐‐ LAW OFFICE MGR 2465 MMUC A $34.94 $2,795.14 LAW OFFICE MGR 2465 MMUC B $36.69 $2,934.90 LAW OFFICE MGR 2465 MMUC C $38.52 $3,081.64 LAW OFFICE MGR 2465 MMUC D $40.45 $3,235.73 LAW OFFICE MGR 2465 MMUC E $42.47 $3,397.51 LEAD CUSTODIAN 6663 ACE A $20.41 $1,632.98 LEAD CUSTODIAN 6663 ACE B $21.43 $1,714.62 LEAD CUSTODIAN 6663 ACE C $22.50 $1,800.36 LEAD CUSTODIAN 6663 ACE D $23.63 $1,890.38 LEAD CUSTODIAN 6663 ACE E $24.81 $1,984.90 LEGAL ASSISTANT 0183 CONF A $25.61 $2,048.61 LEGAL ASSISTANT 0183 CONF B $26.89 $2,151.04 LEGAL ASSISTANT 0183 CONF C $28.23 $2,258.59 LEGAL ASSISTANT 0183 CONF D $29.64 $2,371.51 LEGAL ASSISTANT 0183 CONF E $31.13 $2,490.09 LIBRARIAN I 7075 ACE A $24.59 $1,966.92 LIBRARIAN I 7075 ACE B $25.82 $2,065.28 LIBRARIAN I 7075 ACE C $27.11 $2,168.53 LIBRARIAN I 7075 ACE D $28.46 $2,276.96 LIBRARIAN I 7075 ACE E $29.89 $2,390.81 LIBRARIAN I 7076 UCHR A $24.59 ‐‐ LIBRARIAN I 7076 UCHR B $25.82 ‐‐ LIBRARIAN I 7076 UCHR C $27.11 ‐‐ LIBRARIAN I 7076 UCHR D $28.46 ‐‐ LIBRARIAN I 7076 UCHR E $29.89 ‐‐ LIBRARIAN II 7073 ACE A $27.05 $2,163.60 LIBRARIAN II 7073 ACE B $28.40 $2,271.78 LIBRARIAN II 7073 ACE C $29.82 $2,385.37 LIBRARIAN II 7073 ACE D $31.31 $2,504.64 LIBRARIAN II 7073 ACE E $32.87 $2,629.88 LIBRARIAN II 7074 UCHR A $27.05 ‐‐ LIBRARIAN II 7074 UCHR B $28.40 ‐‐ LIBRARIAN II 7074 UCHR C $29.82 ‐‐ LIBRARIAN II 7074 UCHR D $31.31 ‐‐ LIBRARIAN II 7074 UCHR E $32.87 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 382 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE LIBRARIAN III 7071 ACE A $29.75 $2,379.98 LIBRARIAN III 7071 ACE B $31.24 $2,498.99 LIBRARIAN III 7071 ACE C $32.80 $2,623.93 LIBRARIAN III 7071 ACE D $34.44 $2,755.12 LIBRARIAN III 7071 ACE E $36.16 $2,892.88 LIBRARY AIDE 7181 UCHR A $11.00 ‐‐ LIBRARY AIDE 7181 UCHR B $11.07 ‐‐ LIBRARY AIDE 7181 UCHR C $11.63 ‐‐ LIBRARY AIDE 7181 UCHR D $12.21 ‐‐ LIBRARY AIDE 7181 UCHR E $12.82 ‐‐ LIBRARY ASSOC 7091 ACE A $22.10 $1,768.31 LIBRARY ASSOC 7091 ACE B $23.21 $1,856.73 LIBRARY ASSOC 7091 ACE C $24.37 $1,949.57 LIBRARY ASSOC 7091 ACE D $25.59 $2,047.05 LIBRARY ASSOC 7091 ACE E $26.87 $2,149.40 LIBRARY ASSOC 7092 UCHR A $22.10 ‐‐ LIBRARY ASSOC 7092 UCHR B $23.21 ‐‐ LIBRARY ASSOC 7092 UCHR C $24.37 ‐‐ LIBRARY ASSOC 7092 UCHR D $25.59 ‐‐ LIBRARY ASSOC 7092 UCHR E $26.87 ‐‐ LIBRARY ASST 7157 ACE A $17.49 $1,399.10 LIBRARY ASST 7157 ACE B $18.36 $1,469.07 LIBRARY ASST 7157 ACE C $19.28 $1,542.51 LIBRARY ASST 7157 ACE D $20.25 $1,619.64 LIBRARY ASST 7157 ACE E $21.26 $1,700.63 LIBRARY DS MGR 7025 MM A $41.31 $3,304.68 LIBRARY DS MGR 7025 MM B $43.37 $3,469.92 LIBRARY DS MGR 7025 MM C $45.54 $3,643.41 LIBRARY DS MGR 7025 MM D $47.82 $3,825.58 LIBRARY DS MGR 7025 MM E $50.21 $4,016.86 LIBRARY OPS MGR 7029 MM A $47.53 $3,802.09 LIBRARY OPS MGR 7029 MM B $49.90 $3,992.20 LIBRARY OPS MGR 7029 MM C $52.40 $4,191.80 LIBRARY OPS MGR 7029 MM D $55.02 $4,401.40 LIBRARY OPS MGR 7029 MM E $57.77 $4,621.47 LIBRARY TECH 7121 ACE A $20.11 $1,608.98 LIBRARY TECH 7121 ACE B $21.12 $1,689.43 LIBRARY TECH 7121 ACE C $22.17 $1,773.90 LIBRARY TECH 7121 ACE D $23.28 $1,862.59 LIBRARY TECH 7121 ACE E $24.45 $1,955.72 LIFEGUARD I 7587 UCHR A $13.82 ‐‐ LIFEGUARD I 7587 UCHR B $14.52 ‐‐ LIFEGUARD I 7587 UCHR C $15.24 ‐‐ LIFEGUARD I 7587 UCHR D $16.00 ‐‐ LIFEGUARD I 7587 UCHR E $16.80 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 383 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE LIFEGUARD II 7585 UCHR A $15.21 ‐‐ LIFEGUARD II 7585 UCHR B $15.97 ‐‐ LIFEGUARD II 7585 UCHR C $16.77 ‐‐ LIFEGUARD II 7585 UCHR D $17.60 ‐‐ LIFEGUARD II 7585 UCHR E $18.48 ‐‐ LNDSCPE ARCH 4480 PROF A $38.00 $3,039.79 LNDSCPE ARCH 4480 PROF B $39.90 $3,191.78 LNDSCPE ARCH 4480 PROF C $41.89 $3,351.37 LNDSCPE ARCH 4480 PROF D $43.99 $3,518.94 LNDSCPE ARCH 4480 PROF E $46.19 $3,694.89 LNDSCPE INSP 6291 ACE A $29.28 $2,342.40 LNDSCPE INSP 6291 ACE B $30.74 $2,459.51 LNDSCPE INSP 6291 ACE C $32.28 $2,582.50 LNDSCPE INSP 6291 ACE D $33.90 $2,711.61 LNDSCPE INSP 6291 ACE E $35.59 $2,847.20 LNDSCPE PLAN I 4482 ACE A $30.24 $2,418.94 LNDSCPE PLAN I 4482 ACE B $31.75 $2,539.88 LNDSCPE PLAN I 4482 ACE C $33.34 $2,666.88 LNDSCPE PLAN I 4482 ACE D $35.00 $2,800.22 LNDSCPE PLAN I 4482 ACE E $36.75 $2,940.23 LNDSCPE PLAN II 4483 ACE A $33.26 $2,660.83 LNDSCPE PLAN II 4483 ACE B $34.92 $2,793.87 LNDSCPE PLAN II 4483 ACE C $36.67 $2,933.57 LNDSCPE PLAN II 4483 ACE D $38.50 $3,080.25 LNDSCPE PLAN II 4483 ACE E $40.43 $3,234.26 LOCKSMITH 6443 ACE A $25.55 $2,044.01 LOCKSMITH 6443 ACE B $26.83 $2,146.21 LOCKSMITH 6443 ACE C $28.17 $2,253.52 LOCKSMITH 6443 ACE D $29.58 $2,366.21 LOCKSMITH 6443 ACE E $31.06 $2,484.52 MAINT WORKER I 6377 ACE A $18.56 $1,484.52 MAINT WORKER I 6377 ACE B $19.48 $1,558.74 MAINT WORKER I 6377 ACE C $20.46 $1,636.68 MAINT WORKER I 6377 ACE D $21.48 $1,718.52 MAINT WORKER I 6377 ACE E $22.56 $1,804.44 MAINT WORKER I 6379 UCHR A $18.56 ‐‐ MAINT WORKER I 6379 UCHR B $19.48 ‐‐ MAINT WORKER I 6379 UCHR C $20.46 ‐‐ MAINT WORKER I 6379 UCHR D $21.48 ‐‐ MAINT WORKER I 6379 UCHR E $22.56 ‐‐ MAINT WORKER II 6373 ACE A $20.41 $1,632.98 MAINT WORKER II 6373 ACE B $21.43 $1,714.62 MAINT WORKER II 6373 ACE C $22.50 $1,800.36 MAINT WORKER II 6373 ACE D $23.63 $1,890.38 MAINT WORKER II 6373 ACE E $24.81 $1,984.90 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 384 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE MAINT WORKER II 6381 UCHR A $20.41 ‐‐ MAINT WORKER II 6381 UCHR B $21.43 ‐‐ MAINT WORKER II 6381 UCHR C $22.50 ‐‐ MAINT WORKER II 6381 UCHR D $23.63 ‐‐ MAINT WORKER II 6381 UCHR E $24.81 ‐‐ MAYOR 2001 MY A ‐‐‐‐ MAYOR 2001 MY B ‐‐‐‐ MAYOR 2001 MY C ‐‐‐‐ MAYOR 2001 MY D ‐‐‐‐ MAYOR 2001 MY E $60.80 $4,863.99 MECHANIC ASST 6550 ACE A $20.39 $1,631.12 MECHANIC ASST 6550 ACE B $21.41 $1,712.68 MECHANIC ASST 6550 ACE C $22.48 $1,798.32 MECHANIC ASST 6550 ACE D $23.60 $1,888.23 MECHANIC ASST 6550 ACE E $24.78 $1,982.66 MGMT ANALYST 0225 ACE A $31.95 $2,556.26 MGMT ANALYST 0225 ACE B $33.55 $2,684.08 MGMT ANALYST 0225 ACE C $35.23 $2,818.28 MGMT ANALYST 0225 ACE D $36.99 $2,959.20 MGMT ANALYST 0225 ACE E $38.84 $3,107.15 MKTG & COMM MGR 2781 SM A $55.27 $4,421.37 MKTG & COMM MGR 2781 SM B ‐‐‐‐ MKTG & COMM MGR 2781 SM C $56.83 $4,546.09 MKTG & COMM MGR 2781 SM D ‐‐‐‐ MKTG & COMM MGR 2781 SM E $67.18 $5,374.22 OFFICE SPEC 0160 UCHR A $18.05 ‐‐ OFFICE SPEC 0160 UCHR B $18.96 ‐‐ OFFICE SPEC 0160 UCHR C $19.90 ‐‐ OFFICE SPEC 0160 UCHR D $20.90 ‐‐ OFFICE SPEC 0160 UCHR E $21.94 ‐‐ OFFICE SPEC 0161 ACE A $18.05 $1,444.22 OFFICE SPEC 0161 ACE B $18.96 $1,516.42 OFFICE SPEC 0161 ACE C $19.90 $1,592.25 OFFICE SPEC 0161 ACE D $20.90 $1,671.86 OFFICE SPEC 0161 ACE E $21.94 $1,755.45 OFFICE SPEC‐MYR 0162 ACE A $18.05 $1,444.22 OFFICE SPEC‐MYR 0162 ACE B $18.96 $1,516.42 OFFICE SPEC‐MYR 0162 ACE C $19.90 $1,592.25 OFFICE SPEC‐MYR 0162 ACE D $20.90 $1,671.86 OFFICE SPEC‐MYR 0162 ACE E $21.94 $1,755.45 OPEN SPACE INSP 6311 ACE A $29.28 $2,342.40 OPEN SPACE INSP 6311 ACE B $30.74 $2,459.51 OPEN SPACE INSP 6311 ACE C $32.28 $2,582.50 OPEN SPACE INSP 6311 ACE D $33.90 $2,711.61 OPEN SPACE INSP 6311 ACE E $35.59 $2,847.20 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 385 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE OPEN SPACE MGR 6302 MM A $40.29 $3,223.52 OPEN SPACE MGR 6302 MM B $42.31 $3,384.69 OPEN SPACE MGR 6302 MM C $44.42 $3,553.92 OPEN SPACE MGR 6302 MM D $46.65 $3,731.62 OPEN SPACE MGR 6302 MM E $48.98 $3,918.20 OPS&TELECOM MGR 3025 MM A $42.61 $3,408.99 OPS&TELECOM MGR 3025 MM B $44.74 $3,579.45 OPS&TELECOM MGR 3025 MM C $46.98 $3,758.41 OPS&TELECOM MGR 3025 MM D $49.33 $3,946.34 OPS&TELECOM MGR 3025 MM E $51.80 $4,143.66 PAINTER 6434 ACE A $24.39 $1,951.12 PAINTER 6434 ACE B $25.61 $2,048.67 PAINTER 6434 ACE C $26.89 $2,151.10 PAINTER 6434 ACE D $28.23 $2,258.66 PAINTER 6434 ACE E $29.64 $2,371.59 PARK RANGER 7434 UCHR A $13.25 ‐‐ PARK RANGER 7434 UCHR B $13.91 ‐‐ PARK RANGER 7434 UCHR C $14.61 ‐‐ PARK RANGER 7434 UCHR D $15.34 ‐‐ PARK RANGER 7434 UCHR E $16.10 ‐‐ PARK RANGER SUP 7441 ACE A $31.11 $2,488.98 PARK RANGER SUP 7441 ACE B $32.67 $2,613.43 PARK RANGER SUP 7441 ACE C $34.30 $2,744.11 PARK RANGER SUP 7441 ACE D $36.02 $2,881.31 PARK RANGER SUP 7441 ACE E $37.82 $3,025.37 PARKING ENF OFF 5154 ACE A $18.25 $1,459.70 PARKING ENF OFF 5154 ACE B $19.16 $1,532.68 PARKING ENF OFF 5154 ACE C $20.12 $1,609.32 PARKING ENF OFF 5154 ACE D $21.12 $1,689.78 PARKING ENF OFF 5154 ACE E $22.18 $1,774.27 PARKING MTR TEC 3693 ACE A $20.07 $1,605.67 PARKING MTR TEC 3693 ACE B $21.07 $1,685.96 PARKING MTR TEC 3693 ACE C $22.13 $1,770.25 PARKING MTR TEC 3693 ACE D $23.23 $1,858.76 PARKING MTR TEC 3693 ACE E $24.40 $1,951.70 PARKS MANAGER 6604 MM A $40.30 $3,223.73 PARKS MANAGER 6604 MM B $42.31 $3,384.92 PARKS MANAGER 6604 MM C $44.43 $3,554.17 PARKS MANAGER 6604 MM D $46.65 $3,731.87 PARKS MANAGER 6604 MM E $48.98 $3,918.47 PARKS OPS MGR 6610 MM A $47.26 $3,780.66 PARKS OPS MGR 6610 MM B $49.62 $3,969.70 PARKS OPS MGR 6610 MM C $52.10 $4,168.18 PARKS OPS MGR 6610 MM D $54.71 $4,376.59 PARKS OPS MGR 6610 MM E $57.44 $4,595.42 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 386 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE PARKS REC ADM 7407 SM A $55.32 $4,425.25 PARKS REC ADM 7407 SM B $58.08 $4,646.51 PARKS REC ADM 7407 SM C $60.99 $4,878.84 PARKS REC ADM 7407 SM D $64.03 $5,122.78 PARKS REC ADM 7407 SM E $67.24 $5,378.92 PARKS SUPV 6605 ACE A $31.11 $2,488.98 PARKS SUPV 6605 ACE B $32.67 $2,613.43 PARKS SUPV 6605 ACE C $34.30 $2,744.11 PARKS SUPV 6605 ACE D $36.02 $2,881.31 PARKS SUPV 6605 ACE E $37.82 $3,025.37 PEACE OFFICER 5061 POA A $36.21 $2,897.02 PEACE OFFICER 5061 POA B $38.02 $3,041.87 PEACE OFFICER 5061 POA C $39.92 $3,193.96 PEACE OFFICER 5061 POA D $41.92 $3,353.66 PEACE OFFICER 5061 POA E $44.02 $3,521.35 PERF & OD MGR 2758 SM A $52.72 $4,217.97 PERF & OD MGR 2758 SM B ‐‐‐‐ PERF & OD MGR 2758 SM C ‐‐‐‐ PERF & OD MGR 2758 SM D ‐‐‐‐ PERF & OD MGR 2758 SM E $63.27 $5,061.53 PLAN CHK SUPV 4731 MM A $46.54 $3,723.11 PLAN CHK SUPV 4731 MM B $48.87 $3,909.27 PLAN CHK SUPV 4731 MM C $51.31 $4,104.74 PLAN CHK SUPV 4731 MM D $53.87 $4,309.97 PLAN CHK SUPV 4731 MM E $56.57 $4,525.46 PLAN CHK TECH 4753 ACE A $28.01 $2,240.55 PLAN CHK TECH 4753 ACE B $29.41 $2,352.58 PLAN CHK TECH 4753 ACE C $30.88 $2,470.21 PLAN CHK TECH 4753 ACE D $32.42 $2,593.72 PLAN CHK TECH 4753 ACE E $34.04 $2,723.40 PLANNING MGR 4727 SM A $54.92 $4,393.62 PLANNING MGR 4727 SM B ‐‐‐‐ PLANNING MGR 4727 SM C ‐‐‐‐ PLANNING MGR 4727 SM D ‐‐‐‐ PLANNING MGR 4727 SM E $66.25 $5,300.39 PLANNING TECH 4527 ACE A $23.01 $1,840.94 PLANNING TECH 4527 ACE B $24.16 $1,932.98 PLANNING TECH 4527 ACE C $25.37 $2,029.63 PLANNING TECH 4527 ACE D $26.64 $2,131.12 PLANNING TECH 4527 ACE E $27.97 $2,237.67 PLUMBER 6432 ACE A $26.83 $2,146.21 PLUMBER 6432 ACE B $28.17 $2,253.52 PLUMBER 6432 ACE C $29.58 $2,366.21 PLUMBER 6432 ACE D $31.06 $2,484.52 PLUMBER 6432 ACE E $32.61 $2,608.73 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 387 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE POL AGENT 5051 POA A $39.88 $3,190.09 POL AGENT 5051 POA B $41.87 $3,349.59 POL AGENT 5051 POA C $43.96 $3,517.07 POL AGENT 5051 POA D $46.16 $3,692.92 POL AGENT 5051 POA E $48.47 $3,877.56 POL AS ADMIN 5025 SM A $53.71 $4,297.09 POL AS ADMIN 5025 SM B ‐‐‐‐ POL AS ADMIN 5025 SM C ‐‐‐‐ POL AS ADMIN 5025 SM D ‐‐‐‐ POL AS ADMIN 5025 SM E $65.29 $5,222.95 POL CADET 5427 UCHR A $11.22 ‐‐ POL CADET 5427 UCHR B $11.78 ‐‐ POL CADET 5427 UCHR C $12.37 ‐‐ POL CADET 5427 UCHR D $12.98 ‐‐ POL CADET 5427 UCHR E $13.63 ‐‐ POL CAPTAIN 5022 SM A $71.21 $5,696.69 POL CAPTAIN 5022 SM B ‐‐‐‐ POL CAPTAIN 5022 SM C ‐‐‐‐ POL CAPTAIN 5022 SM D ‐‐‐‐ POL CAPTAIN 5022 SM E $86.55 $6,924.08 POL COM SYS MGR 5185 MM A $42.62 $3,409.39 POL COM SYS MGR 5185 MM B $44.75 $3,579.85 POL COM SYS MGR 5185 MM C $46.99 $3,758.85 POL COM SYS MGR 5185 MM D $49.33 $3,946.79 POL COM SYS MGR 5185 MM E $51.80 $4,144.13 POL COMREL SPC 5258 ACE A $23.56 $1,884.88 POL COMREL SPC 5258 ACE B $24.74 $1,979.12 POL COMREL SPC 5258 ACE C $25.98 $2,078.08 POL COMREL SPC 5258 ACE D $27.27 $2,181.98 POL COMREL SPC 5258 ACE E $28.64 $2,291.08 POL DISPATCH SP 5183 ACE A $31.16 $2,492.61 POL DISPATCH SP 5183 ACE B $32.72 $2,617.25 POL DISPATCH SP 5183 ACE C $34.35 $2,748.10 POL DISPATCH SP 5183 ACE D $36.07 $2,885.51 POL DISPATCH SP 5183 ACE E $37.87 $3,029.79 POL DISPATCH TR 5179 ACE A $24.63 $1,970.45 POL DISPATCH TR 5179 ACE B $25.86 $2,068.97 POL DISPATCH TR 5179 ACE C $27.16 $2,172.42 POL DISPATCH TR 5179 ACE D $28.51 $2,281.04 POL DISPATCH TR 5179 ACE E $29.94 $2,395.09 POL DISPATCHER 5180 UCHR A $27.09 ‐‐ POL DISPATCHER 5180 UCHR B $28.45 ‐‐ POL DISPATCHER 5180 UCHR C $29.87 ‐‐ POL DISPATCHER 5180 UCHR D $31.36 ‐‐ POL DISPATCHER 5180 UCHR E $32.93 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 388 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE POL DISPATCHER 5181 ACE A $27.09 $2,167.49 POL DISPATCHER 5181 ACE B $28.45 $2,275.86 POL DISPATCHER 5181 ACE C $29.87 $2,389.66 POL DISPATCHER 5181 ACE D $31.36 $2,509.15 POL DISPATCHER 5181 ACE E $32.93 $2,634.59 POL LIEUTENANT 5031 POA A $55.05 $4,403.80 POL LIEUTENANT 5031 POA B $57.80 $4,623.99 POL LIEUTENANT 5031 POA C $60.69 $4,855.19 POL LIEUTENANT 5031 POA D $63.72 $5,097.95 POL LIEUTENANT 5031 POA E $66.91 $5,352.85 POL REC SPEC 0165 ACE A $18.05 $1,444.24 POL REC SPEC 0165 ACE B $18.96 $1,516.45 POL REC SPEC 0165 ACE C $19.90 $1,592.28 POL REC SPEC 0165 ACE D $20.90 $1,671.89 POL REC SPEC 0165 ACE E $21.94 $1,755.48 POL REC SPEC 0166 UCHR A $18.05 ‐‐ POL REC SPEC 0166 UCHR B $18.96 ‐‐ POL REC SPEC 0166 UCHR C $19.90 ‐‐ POL REC SPEC 0166 UCHR D $20.90 ‐‐ POL REC SPEC 0166 UCHR E $21.94 ‐‐ POL REC&SUP SPV 5203 ACE A $23.88 $1,910.01 POL REC&SUP SPV 5203 ACE B $25.07 $2,005.51 POL REC&SUP SPV 5203 ACE C $26.32 $2,105.78 POL REC&SUP SPV 5203 ACE D $27.64 $2,211.06 POL REC&SUP SPV 5203 ACE E $29.02 $2,321.63 POL RECRUIT 5071 ACE A $29.21 $2,337.09 POL RECRUIT 5071 ACE B $30.67 $2,453.94 POL RECRUIT 5071 ACE C ‐‐ ‐‐ POL RECRUIT 5071 ACE D ‐‐ ‐‐ POL RECRUIT 5071 ACE E ‐‐ ‐‐ POL SERGEANT 5041 POA A $45.87 $3,669.55 POL SERGEANT 5041 POA B $48.16 $3,853.03 POL SERGEANT 5041 POA C $50.57 $4,045.69 POL SERGEANT 5041 POA D $53.10 $4,247.97 POL SERGEANT 5041 POA E $55.75 $4,460.36 POL SVCS MGR 5205 MM A $41.25 $3,299.93 POL SVCS MGR 5205 MM B $43.31 $3,464.93 POL SVCS MGR 5205 MM C $45.48 $3,638.18 POL SVCS MGR 5205 MM D $47.75 $3,820.08 POL SVCS MGR 5205 MM E $50.14 $4,011.09 POL SVCS OF SUP 5132 ACE A $27.93 $2,234.27 POL SVCS OF SUP 5132 ACE B $29.32 $2,345.98 POL SVCS OF SUP 5132 ACE C $30.79 $2,463.28 POL SVCS OF SUP 5132 ACE D $32.33 $2,586.45 POL SVCS OF SUP 5132 ACE E $33.95 $2,715.77 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 389 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE POL SVCS OFF 5131 ACE A $24.29 $1,942.86 POL SVCS OFF 5131 ACE B $25.50 $2,039.99 POL SVCS OFF 5131 ACE C $26.77 $2,141.99 POL SVCS OFF 5131 ACE D $28.11 $2,249.09 POL SVCS OFF 5131 ACE E $29.52 $2,361.54 POL SVCS TECH 5415 ACE A $23.17 $1,853.55 POL SVCS TECH 5415 ACE B $24.33 $1,946.23 POL SVCS TECH 5415 ACE C $25.54 $2,043.55 POL SVCS TECH 5415 ACE D $26.82 $2,145.72 POL SVCS TECH 5415 ACE E $28.16 $2,253.01 POL TECH MGR 5209 MM A $42.61 $3,409.00 POL TECH MGR 5209 MM B $44.74 $3,579.46 POL TECH MGR 5209 MM C $46.98 $3,758.42 POL TECH MGR 5209 MM D $49.33 $3,946.35 POL TECH MGR 5209 MM E $51.80 $4,143.67 POL TECH SPEC 5107 ACE A $36.63 $2,930.33 POL TECH SPEC 5107 ACE B $38.46 $3,076.85 POL TECH SPEC 5107 ACE C $40.38 $3,230.69 POL TECH SPEC 5107 ACE D $42.40 $3,392.22 POL TECH SPEC 5107 ACE E $44.52 $3,561.83 POL TECH SPEC 5108 UCHR A $36.63 ‐‐ POL TECH SPEC 5108 UCHR B $38.46 ‐‐ POL TECH SPEC 5108 UCHR C $40.38 ‐‐ POL TECH SPEC 5108 UCHR D $42.40 ‐‐ POL TECH SPEC 5108 UCHR E $44.52 ‐‐ POLICY AIDE 2013 PRUC A $26.75 $2,139.85 POLICY AIDE 2013 PRUC B $28.09 $2,246.85 POLICY AIDE 2013 PRUC C $29.49 $2,359.19 POLICY AIDE 2013 PRUC D $30.96 $2,477.14 POLICY AIDE 2013 PRUC E $32.51 $2,601.00 PRCRMNT SRV ANL 3717 MM A $38.39 $3,071.53 PRCRMNT SRV ANL 3717 MM B $40.31 $3,225.10 PRCRMNT SRV ANL 3717 MM C $42.32 $3,386.36 PRCRMNT SRV ANL 3717 MM D $44.44 $3,555.68 PRCRMNT SRV ANL 3717 MM E $46.66 $3,733.46 PRGRMMR ANALYST 3090 PROF A $34.52 $2,761.83 PRGRMMR ANALYST 3090 PROF B $36.25 $2,899.93 PRGRMMR ANALYST 3090 PROF C $38.06 $3,044.92 PRGRMMR ANALYST 3090 PROF D $39.96 $3,197.17 PRGRMMR ANALYST 3090 PROF E $41.96 $3,357.02 PRIN CIVIL ENG 6021 MM A $51.09 $4,086.82 PRIN CIVIL ENG 6021 MM B $53.64 $4,291.16 PRIN CIVIL ENG 6021 MM C $56.32 $4,505.72 PRIN CIVIL ENG 6021 MM D $59.14 $4,731.00 PRIN CIVIL ENG 6021 MM E $62.09 $4,967.55 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 390 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE PRIN ED SPEC 2724 PROF A $47.50 $3,800.10 PRIN ED SPEC 2724 PROF B $49.88 $3,990.11 PRIN ED SPEC 2724 PROF C $52.37 $4,189.61 PRIN ED SPEC 2724 PROF D $54.99 $4,399.09 PRIN ED SPEC 2724 PROF E $57.74 $4,619.04 PRIN HR ANALYST 3305 MMCF A $44.05 $3,524.04 PRIN HR ANALYST 3305 MMCF B $46.25 $3,700.24 PRIN HR ANALYST 3305 MMCF C $48.57 $3,885.25 PRIN HR ANALYST 3305 MMCF D $50.99 $4,079.52 PRIN HR ANALYST 3305 MMCF E $53.54 $4,283.49 PRIN LDSCP ARCH 4486 MM A $47.50 $3,800.10 PRIN LDSCP ARCH 4486 MM B $49.88 $3,990.11 PRIN LDSCP ARCH 4486 MM C $52.37 $4,189.61 PRIN LDSCP ARCH 4486 MM D $54.99 $4,399.09 PRIN LDSCP ARCH 4486 MM E $57.74 $4,619.04 PRIN LIBRARIAN 7051 MM A $41.31 $3,304.68 PRIN LIBRARIAN 7051 MM B $43.37 $3,469.92 PRIN LIBRARIAN 7051 MM C $45.54 $3,643.41 PRIN LIBRARIAN 7051 MM D $47.82 $3,825.58 PRIN LIBRARIAN 7051 MM E $50.21 $4,016.86 PRIN MGMT ANLYT 0208 PROF A $39.44 $3,154.98 PRIN MGMT ANLYT 0208 PROF B $41.41 $3,312.74 PRIN MGMT ANLYT 0208 PROF C $43.48 $3,478.37 PRIN MGMT ANLYT 0208 PROF D $45.65 $3,652.29 PRIN MGMT ANLYT 0208 PROF E $47.94 $3,834.90 PRIN MGMT ANLYT 0214 PRCF A $39.44 $3,154.98 PRIN MGMT ANLYT 0214 PRCF B $41.41 $3,312.74 PRIN MGMT ANLYT 0214 PRCF C $43.48 $3,478.37 PRIN MGMT ANLYT 0214 PRCF D $45.65 $3,652.29 PRIN MGMT ANLYT 0214 PRCF E $47.94 $3,834.90 PRIN PLANNER 4431 MM A $47.50 $3,800.10 PRIN PLANNER 4431 MM B $49.88 $3,990.11 PRIN PLANNER 4431 MM C $52.37 $4,189.61 PRIN PLANNER 4431 MM D $54.99 $4,399.09 PRIN PLANNER 4431 MM E $57.74 $4,619.04 PRIN PROJ COORD 4212 PROF A $47.50 $3,800.10 PRIN PROJ COORD 4212 PROF B $49.88 $3,990.11 PRIN PROJ COORD 4212 PROF C $52.37 $4,189.61 PRIN PROJ COORD 4212 PROF D $54.99 $4,399.09 PRIN PROJ COORD 4212 PROF E $57.74 $4,619.04 PRIN REC MGR 7410 MM A $40.30 $3,223.72 PRIN REC MGR 7410 MM B $42.31 $3,384.90 PRIN REC MGR 7410 MM C $44.43 $3,554.15 PRIN REC MGR 7410 MM D $46.65 $3,731.85 PRIN REC MGR 7410 MM E $48.98 $3,918.45 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 391 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE PRIN TRAFF ENG 6020 MM A $50.08 $4,086.82 PRIN TRAFF ENG 6020 MM B $52.59 $4,291.16 PRIN TRAFF ENG 6020 MM C $55.22 $4,505.72 PRIN TRAFF ENG 6020 MM D $57.98 $4,731.00 PRIN TRAFF ENG 6020 MM E $60.88 $4,967.55 PROCUREMNT SPEC 3721 ACE A $28.47 $2,277.49 PROCUREMNT SPEC 3721 ACE B $29.89 $2,391.35 PROCUREMNT SPEC 3721 ACE C $31.39 $2,510.91 PROCUREMNT SPEC 3721 ACE D $32.96 $2,636.47 PROCUREMNT SPEC 3721 ACE E $34.60 $2,768.29 PROJECT COOR I 4217 ACE A $30.24 $2,418.94 PROJECT COOR I 4217 ACE B $31.75 $2,539.88 PROJECT COOR I 4217 ACE C $33.34 $2,666.88 PROJECT COOR I 4217 ACE D $35.00 $2,800.22 PROJECT COOR I 4217 ACE E $36.75 $2,940.23 PROJECT COOR I 4218 UCHR A $30.24 ‐‐ PROJECT COOR I 4218 UCHR B $31.75 ‐‐ PROJECT COOR I 4218 UCHR C $33.34 ‐‐ PROJECT COOR I 4218 UCHR D $35.00 ‐‐ PROJECT COOR I 4218 UCHR E $36.75 ‐‐ PROJECT COOR II 4215 ACE A $33.26 $2,660.83 PROJECT COOR II 4215 ACE B $34.92 $2,793.87 PROJECT COOR II 4215 ACE C $36.67 $2,933.57 PROJECT COOR II 4215 ACE D $38.50 $3,080.25 PROJECT COOR II 4215 ACE E $40.43 $3,234.26 PROP & EVD SPEC 5127 ACE A $20.07 $1,605.67 PROP & EVD SPEC 5127 ACE B $21.07 $1,685.96 PROP & EVD SPEC 5127 ACE C $22.13 $1,770.25 PROP & EVD SPEC 5127 ACE D $23.23 $1,858.76 PROP & EVD SPEC 5127 ACE E $24.40 $1,951.70 PUB INFO SPEC 2782 CONF A $28.66 $2,292.64 PUB INFO SPEC 2782 CONF B $30.09 $2,407.29 PUB INFO SPEC 2782 CONF C $31.60 $2,527.65 PUB INFO SPEC 2782 CONF D $33.18 $2,654.03 PUB INFO SPEC 2782 CONF E $34.83 $2,786.73 PUB SFTY ANLYT 5254 ACE A $31.36 $2,508.79 PUB SFTY ANLYT 5254 ACE B $32.93 $2,634.23 PUB SFTY ANLYT 5254 ACE C $34.57 $2,765.94 PUB SFTY ANLYT 5254 ACE D $36.30 $2,904.25 PUB SFTY ANLYT 5254 ACE E $38.12 $3,049.45 PUB WRKS INP I 6123 ACE A $29.28 $2,342.40 PUB WRKS INP I 6123 ACE B $30.74 $2,459.51 PUB WRKS INP I 6123 ACE C $32.28 $2,582.50 PUB WRKS INP I 6123 ACE D $33.90 $2,711.61 PUB WRKS INP I 6123 ACE E $35.59 $2,847.20 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 392 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE PUB WRKS INP II 6121 ACE A $32.21 $2,576.63 PUB WRKS INP II 6121 ACE B $33.82 $2,705.46 PUB WRKS INP II 6121 ACE C $35.51 $2,840.73 PUB WRKS INP II 6121 ACE D $37.28 $2,982.77 PUB WRKS INP II 6121 ACE E $39.15 $3,131.91 PUB WRKS MGR 6336 MM A $40.29 $3,223.52 PUB WRKS MGR 6336 MM B $42.31 $3,384.69 PUB WRKS MGR 6336 MM C $44.42 $3,553.92 PUB WRKS MGR 6336 MM D $46.65 $3,731.62 PUB WRKS MGR 6336 MM E $48.98 $3,918.20 PUB WRKS SPEC 6712 ACE A $23.34 $1,867.12 PUB WRKS SPEC 6712 ACE B $24.51 $1,960.47 PUB WRKS SPEC 6712 ACE C $25.73 $2,058.49 PUB WRKS SPEC 6712 ACE D $27.02 $2,161.42 PUB WRKS SPEC 6712 ACE E $28.37 $2,269.50 PUB WRKS SPEC 6714 UCHR A $23.34 ‐‐ PUB WRKS SPEC 6714 UCHR B $24.51 ‐‐ PUB WRKS SPEC 6714 UCHR C $25.73 ‐‐ PUB WRKS SPEC 6714 UCHR D $27.02 ‐‐ PUB WRKS SPEC 6714 UCHR E $28.37 ‐‐ PUB WRKS SUP 6337 ACE A $31.11 $2,488.98 PUB WRKS SUP 6337 ACE B $32.67 $2,613.43 PUB WRKS SUP 6337 ACE C $34.30 $2,744.11 PUB WRKS SUP 6337 ACE D $36.02 $2,881.31 PUB WRKS SUP 6337 ACE E $37.82 $3,025.37 PUMP MAINT SUPV 6392 ACE A $31.15 $2,491.87 PUMP MAINT SUPV 6392 ACE B $32.71 $2,616.46 PUMP MAINT SUPV 6392 ACE C $34.34 $2,747.29 PUMP MAINT SUPV 6392 ACE D $36.06 $2,884.64 PUMP MAINT SUPV 6392 ACE E $37.86 $3,028.88 PUMP MAINT TECH 6396 ACE A $26.58 $2,126.34 PUMP MAINT TECH 6396 ACE B $27.91 $2,232.67 PUMP MAINT TECH 6396 ACE C $29.30 $2,344.31 PUMP MAINT TECH 6396 ACE D $30.77 $2,461.50 PUMP MAINT TECH 6396 ACE E $32.31 $2,584.59 PURCHASING AGT 3711 SM A $48.26 $3,860.94 PURCHASING AGT 3711 SM B ‐‐ ‐‐ PURCHASING AGT 3711 SM C ‐‐ ‐‐ PURCHASING AGT 3711 SM D ‐‐ ‐‐ PURCHASING AGT 3711 SM E $58.66 $4,692.99 RANGE MASTER 5417 ACE A $22.08 $1,766.23 RANGE MASTER 5417 ACE B $23.18 $1,854.54 RANGE MASTER 5417 ACE C $24.34 $1,947.27 RANGE MASTER 5417 ACE D $25.56 $2,044.64 RANGE MASTER 5417 ACE E $26.84 $2,146.87 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 393 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE RANGE MASTER 5418 UCHR A $22.08 ‐‐ RANGE MASTER 5418 UCHR B $23.18 ‐‐ RANGE MASTER 5418 UCHR C $24.34 ‐‐ RANGE MASTER 5418 UCHR D $25.56 ‐‐ RANGE MASTER 5418 UCHR E $26.84 ‐‐ REAL PROP MGR 6037 MMUC A $44.23 $3,538.49 REAL PROP MGR 6037 MMUC B $46.44 $3,715.41 REAL PROP MGR 6037 MMUC C $48.76 $3,901.18 REAL PROP MGR 6037 MMUC D $51.20 $4,096.24 REAL PROP MGR 6037 MMUC E $53.76 $4,301.05 REC AIDE 7605 UCHR A ‐‐‐‐ REC AIDE 7605 UCHR B ‐‐‐‐ REC AIDE 7605 UCHR C $11.03 ‐‐ REC AIDE 7605 UCHR D $11.58 ‐‐ REC AIDE 7605 UCHR E $12.16 ‐‐ REC LEADER I 7609 UCHR A $11.45 ‐‐ REC LEADER I 7609 UCHR B $12.02 ‐‐ REC LEADER I 7609 UCHR C $12.63 ‐‐ REC LEADER I 7609 UCHR D $13.26 ‐‐ REC LEADER I 7609 UCHR E $13.92 ‐‐ REC LEADER II 7607 UCHR A $13.17 ‐‐ REC LEADER II 7607 UCHR B $13.83 ‐‐ REC LEADER II 7607 UCHR C $14.52 ‐‐ REC LEADER II 7607 UCHR D $15.25 ‐‐ REC LEADER II 7607 UCHR E $16.01 ‐‐ REC SPECIALIST 7601 UCHR A $15.80 ‐‐ REC SPECIALIST 7601 UCHR B $16.59 ‐‐ REC SPECIALIST 7601 UCHR C $17.42 ‐‐ REC SPECIALIST 7601 UCHR D $18.30 ‐‐ REC SPECIALIST 7601 UCHR E $19.21 ‐‐ REC SUPVISR I 7425 ACE A $23.44 $1,875.07 REC SUPVISR I 7425 ACE B $24.61 $1,968.81 REC SUPVISR I 7425 ACE C $25.84 $2,067.26 REC SUPVISR I 7425 ACE D $27.13 $2,170.62 REC SUPVISR I 7425 ACE E $28.49 $2,279.15 REC SUPVISR I 7426 UCHR A $23.44 ‐‐ REC SUPVISR I 7426 UCHR B $24.61 ‐‐ REC SUPVISR I 7426 UCHR C $25.84 ‐‐ REC SUPVISR I 7426 UCHR D $27.13 ‐‐ REC SUPVISR I 7426 UCHR E $28.49 ‐‐ REC SUPVISR II 7423 ACE A $25.78 $2,062.57 REC SUPVISR II 7423 ACE B $27.07 $2,165.70 REC SUPVISR II 7423 ACE C $28.42 $2,273.99 REC SUPVISR II 7423 ACE D $29.85 $2,387.69 REC SUPVISR II 7423 ACE E $31.34 $2,507.08 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 394 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE REC SUPVISR III 7422 ACE A $29.65 $2,371.97 REC SUPVISR III 7422 ACE B $31.13 $2,490.57 REC SUPVISR III 7422 ACE C $32.69 $2,615.10 REC SUPVISR III 7422 ACE D $34.32 $2,745.85 REC SUPVISR III 7422 ACE E $36.04 $2,883.15 RECORDS MANAGER 2211 MM A $32.85 $2,627.84 RECORDS MANAGER 2211 MM B $34.49 $2,759.23 RECORDS MANAGER 2211 MM C $36.21 $2,897.19 RECORDS MANAGER 2211 MM D $38.03 $3,042.05 RECORDS MANAGER 2211 MM E $39.93 $3,194.15 RECORDS SPEC 2217 ACE A $19.86 $1,588.66 RECORDS SPEC 2217 ACE B $20.85 $1,668.10 RECORDS SPEC 2217 ACE C $21.89 $1,751.50 RECORDS SPEC 2217 ACE D $22.99 $1,839.08 RECORDS SPEC 2217 ACE E $24.14 $1,931.02 RECYCLG SPEC I 2742 ACE A $23.12 $1,849.65 RECYCLG SPEC I 2742 ACE B $24.28 $1,942.13 RECYCLG SPEC I 2742 ACE C $25.49 $2,039.24 RECYCLG SPEC I 2742 ACE D $26.76 $2,141.19 RECYCLG SPEC I 2742 ACE E $28.10 $2,248.25 RECYCLG SPEC II 2744 ACE A $25.43 $2,034.61 RECYCLG SPEC II 2744 ACE B $26.70 $2,136.35 RECYCLG SPEC II 2744 ACE C $28.04 $2,243.16 RECYCLG SPEC II 2744 ACE D $29.44 $2,355.32 RECYCLG SPEC II 2744 ACE E $30.91 $2,473.09 REG VET TECH 5307 ACE A $22.08 $1,766.23 REG VET TECH 5307 ACE B $23.18 $1,854.54 REG VET TECH 5307 ACE C $24.34 $1,947.27 REG VET TECH 5307 ACE D $25.56 $2,044.64 REG VET TECH 5307 ACE E $26.84 $2,146.87 REG VET TECH 5312 UCHR A $22.08 ‐‐ REG VET TECH 5312 UCHR B $23.18 ‐‐ REG VET TECH 5312 UCHR C $24.34 ‐‐ REG VET TECH 5312 UCHR D $25.56 ‐‐ REG VET TECH 5312 UCHR E $26.84 ‐‐ RESERVE OFFICER 5081 UCHR A $14.24 ‐‐ RESERVE OFFICER 5081 UCHR B $14.95 ‐‐ RESERVE OFFICER 5081 UCHR C $15.69 ‐‐ RESERVE OFFICER 5081 UCHR D ‐‐‐‐ RESERVE OFFICER 5081 UCHR E ‐‐‐‐ RET ANNT ‐ HO C 9901 UCHR A $37.77 ‐‐ RET ANNT ‐ HO C 9901 UCHR B $39.66 ‐‐ RET ANNT ‐ HO C 9901 UCHR C $41.64 ‐‐ RET ANNT ‐ HO C 9901 UCHR D $43.72 ‐‐ RET ANNT ‐ HO C 9901 UCHR E $45.91 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 395 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE REVENUE MANAGER 3689 SM A $51.75 $4,140.27 REVENUE MANAGER 3689 SM B ‐‐‐‐ REVENUE MANAGER 3689 SM C ‐‐‐‐ REVENUE MANAGER 3689 SM D ‐‐‐‐ REVENUE MANAGER 3689 SM E $62.91 $5,032.53 RISK MANAGER 3361 SM A $50.26 $4,021.13 RISK MANAGER 3361 SM B ‐‐‐‐ RISK MANAGER 3361 SM C ‐‐‐‐ RISK MANAGER 3361 SM D ‐‐‐‐ RISK MANAGER 3361 SM E $61.10 $4,887.76 RISK MGMT SPEC 3367 PRCF A $33.16 $2,653.01 RISK MGMT SPEC 3367 PRCF B $34.82 $2,785.66 RISK MGMT SPEC 3367 PRCF C $36.56 $2,924.94 RISK MGMT SPEC 3367 PRCF D $38.39 $3,071.19 RISK MGMT SPEC 3367 PRCF E $40.31 $3,224.75 SEASONAL ASST 0231 UCHR A ‐‐‐‐ SEASONAL ASST 0231 UCHR B ‐‐‐‐ SEASONAL ASST 0231 UCHR C ‐‐‐‐ SEASONAL ASST 0231 UCHR D $11.06 ‐‐ SEASONAL ASST 0231 UCHR E $11.61 ‐‐ SECRETARY 0171 ACE A $19.86 $1,588.66 SECRETARY 0171 ACE B $20.85 $1,668.10 SECRETARY 0171 ACE C $21.89 $1,751.50 SECRETARY 0171 ACE D $22.99 $1,839.08 SECRETARY 0171 ACE E $24.14 $1,931.02 SGNL SYS ENG I 6169 ACE A $33.66 $2,692.93 SGNL SYS ENG I 6169 ACE B $35.34 $2,827.58 SGNL SYS ENG I 6169 ACE C $37.11 $2,968.95 SGNL SYS ENG I 6169 ACE D $38.97 $3,117.41 SGNL SYS ENG I 6169 ACE E $40.92 $3,273.27 SGNL SYS ENG II 6170 ACE A $37.03 $2,962.22 SGNL SYS ENG II 6170 ACE B $38.88 $3,110.34 SGNL SYS ENG II 6170 ACE C $40.82 $3,265.85 SGNL SYS ENG II 6170 ACE D $42.86 $3,429.15 SGNL SYS ENG II 6170 ACE E $45.01 $3,600.60 SIGN&STRPE SUPV 6355 ACE A $31.11 $2,488.98 SIGN&STRPE SUPV 6355 ACE B $32.67 $2,613.43 SIGN&STRPE SUPV 6355 ACE C $34.30 $2,744.11 SIGN&STRPE SUPV 6355 ACE D $36.02 $2,881.31 SIGN&STRPE SUPV 6355 ACE E $37.82 $3,025.37 SPEC EVNTS COOR 2799 PRUC A $37.90 $3,032.11 SPEC EVNTS COOR 2799 PRUC B $39.80 $3,183.72 SPEC EVNTS COOR 2799 PRUC C $41.79 $3,342.91 SPEC EVNTS COOR 2799 PRUC D $43.88 $3,510.05 SPEC EVNTS COOR 2799 PRUC E $46.07 $3,685.56 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 396 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR ACCOUNTANT 3630 MMCF A $35.32 $2,825.42 SR ACCOUNTANT 3630 MMCF B $37.08 $2,966.69 SR ACCOUNTANT 3630 MMCF C $38.94 $3,115.02 SR ACCOUNTANT 3630 MMCF D $40.88 $3,270.77 SR ACCOUNTANT 3630 MMCF E $42.93 $3,434.31 SR ACCTG ASST 3651 ACE A $23.60 $1,887.70 SR ACCTG ASST 3651 ACE B $24.78 $1,982.09 SR ACCTG ASST 3651 ACE C $26.02 $2,081.20 SR ACCTG ASST 3651 ACE D $27.32 $2,185.26 SR ACCTG ASST 3651 ACE E $28.68 $2,294.52 SR ADMIN SEC 0145 CONF A $27.89 $2,231.37 SR ADMIN SEC 0145 CONF B $29.29 $2,342.93 SR ADMIN SEC 0145 CONF C $30.75 $2,460.09 SR ADMIN SEC 0145 CONF D $32.29 $2,583.08 SR ADMIN SEC 0145 CONF E $33.90 $2,712.24 SR ADMIN SEC 0185 ACE A $27.89 $2,231.37 SR ADMIN SEC 0185 ACE B $29.29 $2,342.93 SR ADMIN SEC 0185 ACE C $30.75 $2,460.09 SR ADMIN SEC 0185 ACE D $32.29 $2,583.08 SR ADMIN SEC 0185 ACE E $33.90 $2,712.24 SR ANML CR SPEC 5345 ACE A $21.16 $1,692.63 SR ANML CR SPEC 5345 ACE B $22.22 $1,777.26 SR ANML CR SPEC 5345 ACE C $23.33 $1,866.12 SR ANML CR SPEC 5345 ACE D $24.49 $1,959.43 SR ANML CR SPEC 5345 ACE E $25.72 $2,057.40 SR APP SUP SPEC 3089 PROF A $38.36 $3,068.71 SR APP SUP SPEC 3089 PROF B $40.28 $3,222.14 SR APP SUP SPEC 3089 PROF C $42.29 $3,383.25 SR APP SUP SPEC 3089 PROF D $44.41 $3,552.42 SR APP SUP SPEC 3089 PROF E $46.63 $3,730.03 SR ASST CTY ATT 2403 EXEC A $75.81 $6,064.90 SR ASST CTY ATT 2403 EXEC B ‐‐ ‐‐ SR ASST CTY ATT 2403 EXEC C ‐‐ ‐‐ SR ASST CTY ATT 2403 EXEC D ‐‐ ‐‐ SR ASST CTY ATT 2403 EXEC E $92.15 $7,371.92 SR BLDG INSP 4781 ACE A $37.04 $2,963.11 SR BLDG INSP 4781 ACE B $38.89 $3,111.27 SR BLDG INSP 4781 ACE C $40.84 $3,266.84 SR BLDG INSP 4781 ACE D $42.88 $3,430.18 SR BLDG INSP 4781 ACE E $45.02 $3,601.68 SR BUS LIC REP 4507 ACE A $23.60 $1,887.70 SR BUS LIC REP 4507 ACE B $24.78 $1,982.09 SR BUS LIC REP 4507 ACE C $26.02 $2,081.20 SR BUS LIC REP 4507 ACE D $27.32 $2,185.26 SR BUS LIC REP 4507 ACE E $28.68 $2,294.52 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 397 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR CIVIL ENG 6019 WCE A $46.46 $3,716.83 SR CIVIL ENG 6019 WCE B $48.78 $3,902.66 SR CIVIL ENG 6019 WCE C $51.22 $4,097.81 SR CIVIL ENG 6019 WCE D $53.78 $4,302.70 SR CIVIL ENG 6019 WCE E $56.47 $4,517.82 SR CODE ENF OFF 4763 ACE A $35.39 $2,831.16 SR CODE ENF OFF 4763 ACE B $37.16 $2,972.73 SR CODE ENF OFF 4763 ACE C $39.02 $3,121.36 SR CODE ENF OFF 4763 ACE D $40.97 $3,277.42 SR CODE ENF OFF 4763 ACE E $43.02 $3,441.30 SR CODE ENF OFF 4764 UCHR A $35.39 ‐‐ SR CODE ENF OFF 4764 UCHR B $37.16 ‐‐ SR CODE ENF OFF 4764 UCHR C $39.02 ‐‐ SR CODE ENF OFF 4764 UCHR D $40.97 ‐‐ SR CODE ENF OFF 4764 UCHR E $43.02 ‐‐ SR CONSVTN SPEC 6204 ACE A $29.25 $2,339.82 SR CONSVTN SPEC 6204 ACE B $30.71 $2,456.81 SR CONSVTN SPEC 6204 ACE C $32.25 $2,579.65 SR CONSVTN SPEC 6204 ACE D $33.86 $2,708.63 SR CONSVTN SPEC 6204 ACE E $35.55 $2,844.07 SR COUNCIL ASST 2025 UCHR A $26.22 ‐‐ SR COUNCIL ASST 2025 UCHR B $27.53 ‐‐ SR COUNCIL ASST 2025 UCHR C $28.91 ‐‐ SR COUNCIL ASST 2025 UCHR D $30.36 ‐‐ SR COUNCIL ASST 2025 UCHR E $31.87 ‐‐ SR COUNCIL ASST 2027 CONF A $21.77 $1,741.78 SR COUNCIL ASST 2027 CONF B $22.86 $1,828.86 SR COUNCIL ASST 2027 CONF C $24.00 $1,920.30 SR COUNCIL ASST 2027 CONF D $25.20 $2,016.32 SR COUNCIL ASST 2027 CONF E $26.46 $2,117.14 SR DEP CITY CLK 2208 PRUC A $32.82 $2,625.55 SR DEP CITY CLK 2208 PRUC B $34.46 $2,756.83 SR DEP CITY CLK 2208 PRUC C $36.18 $2,894.67 SR DEP CITY CLK 2208 PRUC D $37.99 $3,039.41 SR DEP CITY CLK 2208 PRUC E $39.89 $3,191.38 SR ECON DEV SPC 2725 PROF A $38.00 $3,039.79 SR ECON DEV SPC 2725 PROF B $39.90 $3,191.78 SR ECON DEV SPC 2725 PROF C $41.89 $3,351.37 SR ECON DEV SPC 2725 PROF D $43.99 $3,518.94 SR ECON DEV SPC 2725 PROF E $46.19 $3,694.89 SR ELEC TECH 6471 ACE A $33.94 $2,715.03 SR ELEC TECH 6471 ACE B $35.63 $2,850.78 SR ELEC TECH 6471 ACE C $37.42 $2,993.32 SR ELEC TECH 6471 ACE D $39.29 $3,142.99 SR ELEC TECH 6471 ACE E $41.25 $3,300.13 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 398 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR ELECTRICIAN 6442 ACE A $30.85 $2,468.16 SR ELECTRICIAN 6442 ACE B $32.39 $2,591.57 SR ELECTRICIAN 6442 ACE C $34.01 $2,721.14 SR ELECTRICIAN 6442 ACE D $35.71 $2,857.19 SR ELECTRICIAN 6442 ACE E $37.50 $3,000.05 SR ENG TECH 6059 ACE A $32.21 $2,576.63 SR ENG TECH 6059 ACE B $33.82 $2,705.46 SR ENG TECH 6059 ACE C $35.51 $2,840.73 SR ENG TECH 6059 ACE D $37.28 $2,982.77 SR ENG TECH 6059 ACE E $39.15 $3,131.91 SR EQUIP MECH 6512 ACE A $29.11 $2,329.08 SR EQUIP MECH 6512 ACE B $30.57 $2,445.53 SR EQUIP MECH 6512 ACE C $32.10 $2,567.81 SR EQUIP MECH 6512 ACE D $33.70 $2,696.19 SR EQUIP MECH 6512 ACE E $35.39 $2,831.00 SR FIRE INS/INV 5529 IAFF A $38.33 $3,066.75 SR FIRE INS/INV 5529 IAFF B $40.25 $3,220.09 SR FIRE INS/INV 5529 IAFF C $42.26 $3,381.10 SR FIRE INS/INV 5529 IAFF D $44.38 $3,550.16 SR FIRE INS/INV 5529 IAFF E $46.60 $3,727.66 SR FSCL OF SPEC 0141 CONF A $20.85 $1,668.09 SR FSCL OF SPEC 0141 CONF B $21.89 $1,751.49 SR FSCL OF SPEC 0141 CONF C $22.99 $1,839.07 SR FSCL OF SPEC 0141 CONF D $24.14 $1,931.02 SR FSCL OF SPEC 0141 CONF E $25.34 $2,027.58 SR FSCL OF SPEC 0175 ACE A $20.85 $1,668.09 SR FSCL OF SPEC 0175 ACE B $21.89 $1,751.49 SR FSCL OF SPEC 0175 ACE C $22.99 $1,839.07 SR FSCL OF SPEC 0175 ACE D $24.14 $1,931.02 SR FSCL OF SPEC 0175 ACE E $25.34 $2,027.58 SR FSCL OF SPEC 0176 UCHR A $20.85 ‐‐ SR FSCL OF SPEC 0176 UCHR B $21.89 ‐‐ SR FSCL OF SPEC 0176 UCHR C $22.99 ‐‐ SR FSCL OF SPEC 0176 UCHR D $24.14 ‐‐ SR FSCL OF SPEC 0176 UCHR E $25.34 ‐‐ SR GARDENER 6621 ACE A $24.49 $1,959.57 SR GARDENER 6621 ACE B $25.72 $2,057.55 SR GARDENER 6621 ACE C $27.01 $2,160.43 SR GARDENER 6621 ACE D $28.36 $2,268.46 SR GARDENER 6621 ACE E $29.77 $2,381.87 SR GIS SPEC 3080 ACE A $33.30 $2,663.94 SR GIS SPEC 3080 ACE B $34.96 $2,797.15 SR GIS SPEC 3080 ACE C $36.71 $2,937.00 SR GIS SPEC 3080 ACE D $38.55 $3,083.85 SR GIS SPEC 3080 ACE E $40.48 $3,238.04 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 399 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR GRPHC DESGR 2764 PROF A $34.34 $2,747.38 SR GRPHC DESGR 2764 PROF B $36.06 $2,884.74 SR GRPHC DESGR 2764 PROF C $37.86 $3,028.98 SR GRPHC DESGR 2764 PROF D $39.76 $3,180.43 SR GRPHC DESGR 2764 PROF E $41.74 $3,339.46 SR HR ANALYST 3308 PRCF A $38.14 $3,051.10 SR HR ANALYST 3308 PRCF B $40.05 $3,203.66 SR HR ANALYST 3308 PRCF C $42.05 $3,363.84 SR HR ANALYST 3308 PRCF D $44.15 $3,532.03 SR HR ANALYST 3308 PRCF E $46.36 $3,708.63 SR HR ANALYST 3313 UCHR A $38.14 ‐‐ SR HR ANALYST 3313 UCHR B $40.05 ‐‐ SR HR ANALYST 3313 UCHR C $42.05 ‐‐ SR HR ANALYST 3313 UCHR D $44.15 ‐‐ SR HR ANALYST 3313 UCHR E $46.36 ‐‐ SR HR TECH 3316 CONF A $27.70 $2,216.39 SR HR TECH 3316 CONF B $29.09 $2,327.21 SR HR TECH 3316 CONF C $30.54 $2,443.57 SR HR TECH 3316 CONF D $32.07 $2,565.76 SR HR TECH 3316 CONF E $33.68 $2,694.04 SR HVAC TECH 6441 ACE A $30.85 $2,468.16 SR HVAC TECH 6441 ACE B $32.39 $2,591.57 SR HVAC TECH 6441 ACE C $34.01 $2,721.14 SR HVAC TECH 6441 ACE D $35.71 $2,857.19 SR HVAC TECH 6441 ACE E $37.50 $3,000.05 SR IT SUPP SPEC 3012 PROF A $38.36 $3,068.71 SR IT SUPP SPEC 3012 PROF B $40.28 $3,222.14 SR IT SUPP SPEC 3012 PROF C $42.29 $3,383.25 SR IT SUPP SPEC 3012 PROF D $44.41 $3,552.42 SR IT SUPP SPEC 3012 PROF E $46.63 $3,730.03 SR LAND SRVYR 6285 WCE A $46.46 $3,716.83 SR LAND SRVYR 6285 WCE B $48.78 $3,902.66 SR LAND SRVYR 6285 WCE C $51.22 $4,097.81 SR LAND SRVYR 6285 WCE D $53.78 $4,302.70 SR LAND SRVYR 6285 WCE E $56.47 $4,517.82 SR LEGAL ASST 2463 CONF A $28.17 $2,253.46 SR LEGAL ASST 2463 CONF B $29.58 $2,366.13 SR LEGAL ASST 2463 CONF C $31.06 $2,484.44 SR LEGAL ASST 2463 CONF D $32.61 $2,608.66 SR LEGAL ASST 2463 CONF E $34.24 $2,739.10 SR LIBRARIAN 7053 MM A $32.80 $2,623.98 SR LIBRARIAN 7053 MM B $34.44 $2,755.18 SR LIBRARIAN 7053 MM C $36.16 $2,892.94 SR LIBRARIAN 7053 MM D $37.97 $3,037.59 SR LIBRARIAN 7053 MM E $39.87 $3,189.47 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 400 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR LIFEGUARD 7589 UCHR A $16.72 ‐‐ SR LIFEGUARD 7589 UCHR B $17.55 ‐‐ SR LIFEGUARD 7589 UCHR C $18.43 ‐‐ SR LIFEGUARD 7589 UCHR D $19.35 ‐‐ SR LIFEGUARD 7589 UCHR E $20.32 ‐‐ SR LNDSCPE INSP 6295 ACE A $33.67 $2,693.75 SR LNDSCPE INSP 6295 ACE B $35.36 $2,828.44 SR LNDSCPE INSP 6295 ACE C $37.12 $2,969.85 SR LNDSCPE INSP 6295 ACE D $38.98 $3,118.34 SR LNDSCPE INSP 6295 ACE E $40.93 $3,274.26 SR LTNT PRT EXM 5110 ACE A $39.76 $3,180.44 SR LTNT PRT EXM 5110 ACE B $41.74 $3,339.47 SR LTNT PRT EXM 5110 ACE C $43.83 $3,506.44 SR LTNT PRT EXM 5110 ACE D $46.02 $3,681.76 SR LTNT PRT EXM 5110 ACE E $48.32 $3,865.85 SR MAINT WKR 6371 ACE A $24.49 $1,959.57 SR MAINT WKR 6371 ACE B $25.72 $2,057.55 SR MAINT WKR 6371 ACE C $27.01 $2,160.43 SR MAINT WKR 6371 ACE D $28.36 $2,268.46 SR MAINT WKR 6371 ACE E $29.77 $2,381.87 SR MGMT ANALYST 0206 PROF A $35.85 $2,868.15 SR MGMT ANALYST 0206 PROF B $37.64 $3,011.56 SR MGMT ANALYST 0206 PROF C $39.53 $3,162.13 SR MGMT ANALYST 0206 PROF D $41.50 $3,320.24 SR MGMT ANALYST 0206 PROF E $43.58 $3,486.26 SR OFFICE SPEC 0173 ACE A $19.86 $1,588.66 SR OFFICE SPEC 0173 ACE B $20.85 $1,668.10 SR OFFICE SPEC 0173 ACE C $21.89 $1,751.50 SR OFFICE SPEC 0173 ACE D $22.99 $1,839.08 SR OFFICE SPEC 0173 ACE E $24.14 $1,931.02 SR OS INSP 6309 ACE A $33.67 $2,693.76 SR OS INSP 6309 ACE B $35.36 $2,828.45 SR OS INSP 6309 ACE C $37.12 $2,969.86 SR OS INSP 6309 ACE D $38.98 $3,118.35 SR OS INSP 6309 ACE E $40.93 $3,274.27 SR P&E SPEC 5125 ACE A $23.08 $1,846.52 SR P&E SPEC 5125 ACE B $24.24 $1,938.85 SR P&E SPEC 5125 ACE C $25.45 $2,035.79 SR P&E SPEC 5125 ACE D $26.72 $2,137.57 SR P&E SPEC 5125 ACE E $28.06 $2,244.46 SR PARK RANGER 7439 ACE A $24.49 $1,959.57 SR PARK RANGER 7439 ACE B $25.72 $2,057.55 SR PARK RANGER 7439 ACE C $27.01 $2,160.43 SR PARK RANGER 7439 ACE D $28.36 $2,268.46 SR PARK RANGER 7439 ACE E $29.77 $2,381.87 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 401 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR PGMMR ANLYST 3091 PROF A $39.48 $3,158.03 SR PGMMR ANLYST 3091 PROF B $41.45 $3,315.94 SR PGMMR ANLYST 3091 PROF C $43.52 $3,481.73 SR PGMMR ANLYST 3091 PROF D $45.70 $3,655.81 SR PGMMR ANLYST 3091 PROF E $47.98 $3,838.61 SR PLAN CK ENG 4746 WCE A $44.44 $3,555.23 SR PLAN CK ENG 4746 WCE B $46.66 $3,733.01 SR PLAN CK ENG 4746 WCE C $49.00 $3,919.65 SR PLAN CK ENG 4746 WCE D $51.45 $4,115.63 SR PLAN CK ENG 4746 WCE E $54.02 $4,321.41 SR PLAN CK TECH 4751 ACE A $32.21 $2,576.63 SR PLAN CK TECH 4751 ACE B $33.82 $2,705.46 SR PLAN CK TECH 4751 ACE C $35.51 $2,840.73 SR PLAN CK TECH 4751 ACE D $37.28 $2,982.77 SR PLAN CK TECH 4751 ACE E $39.15 $3,131.91 SR PLANNER 4432 PROF A $38.00 $3,039.79 SR PLANNER 4432 PROF B $39.90 $3,191.78 SR PLANNER 4432 PROF C $41.89 $3,351.37 SR PLANNER 4432 PROF D $43.99 $3,518.94 SR PLANNER 4432 PROF E $46.19 $3,694.89 SR PLNNING TECH 4529 ACE A $26.46 $2,117.07 SR PLNNING TECH 4529 ACE B $27.79 $2,222.93 SR PLNNING TECH 4529 ACE C $29.18 $2,334.08 SR PLNNING TECH 4529 ACE D $30.63 $2,450.77 SR PLNNING TECH 4529 ACE E $32.17 $2,573.32 SR POL RCD SPEC 0135 ACE A $20.76 $1,660.89 SR POL RCD SPEC 0135 ACE B $21.80 $1,743.93 SR POL RCD SPEC 0135 ACE C $22.89 $1,831.12 SR POL RCD SPEC 0135 ACE D $24.03 $1,922.68 SR POL RCD SPEC 0135 ACE E $25.24 $2,018.81 SR POL TEC SPEC 5109 PROF A $41.71 $3,336.52 SR POL TEC SPEC 5109 PROF B $43.79 $3,503.34 SR POL TEC SPEC 5109 PROF C $45.98 $3,678.52 SR POL TEC SPEC 5109 PROF D $48.28 $3,862.44 SR POL TEC SPEC 5109 PROF E $50.69 $4,055.56 SR PROC SPEC 3728 PROF A $31.17 $2,493.44 SR PROC SPEC 3728 PROF B $32.73 $2,618.11 SR PROC SPEC 3728 PROF C $34.36 $2,749.01 SR PROC SPEC 3728 PROF D $36.08 $2,886.47 SR PROC SPEC 3728 PROF E $37.88 $3,030.79 SR PROJECT COOR 4214 PROF A $38.00 $3,039.79 SR PROJECT COOR 4214 PROF B $39.90 $3,191.78 SR PROJECT COOR 4214 PROF C $41.89 $3,351.37 SR PROJECT COOR 4214 PROF D $43.99 $3,518.94 SR PROJECT COOR 4214 PROF E $46.19 $3,694.89 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 402 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR PS ANALYST 5260 PROF A $34.33 $2,746.69 SR PS ANALYST 5260 PROF B $36.05 $2,884.02 SR PS ANALYST 5260 PROF C $37.85 $3,028.22 SR PS ANALYST 5260 PROF D $39.75 $3,179.64 SR PS ANALYST 5260 PROF E $41.73 $3,338.61 SR PW INSP 6101 ACE A $37.04 $2,963.12 SR PW INSP 6101 ACE B $38.89 $3,111.28 SR PW INSP 6101 ACE C $40.84 $3,266.85 SR PW INSP 6101 ACE D $42.88 $3,430.19 SR PW INSP 6101 ACE E $45.02 $3,601.69 SR PW SPEC 6702 ACE A $28.01 $2,240.54 SR PW SPEC 6702 ACE B $29.41 $2,352.57 SR PW SPEC 6702 ACE C $30.88 $2,470.20 SR PW SPEC 6702 ACE D $32.42 $2,593.71 SR PW SPEC 6702 ACE E $34.04 $2,723.39 SR REC MGR 7421 MM A $33.11 $2,648.52 SR REC MGR 7421 MM B $34.76 $2,780.94 SR REC MGR 7421 MM C $36.50 $2,919.99 SR REC MGR 7421 MM D $38.32 $3,065.99 SR REC MGR 7421 MM E $40.24 $3,219.29 SR RECORDS SPEC 2215 ACE A $22.84 $1,826.96 SR RECORDS SPEC 2215 ACE B $23.98 $1,918.31 SR RECORDS SPEC 2215 ACE C $25.18 $2,014.22 SR RECORDS SPEC 2215 ACE D $26.44 $2,114.94 SR RECORDS SPEC 2215 ACE E $27.76 $2,220.69 SR RECYL SPEC 2746 ACE A $29.25 $2,339.82 SR RECYL SPEC 2746 ACE B $30.71 $2,456.81 SR RECYL SPEC 2746 ACE C $32.25 $2,579.65 SR RECYL SPEC 2746 ACE D $33.86 $2,708.63 SR RECYL SPEC 2746 ACE E $35.55 $2,844.07 SR RSK MGT SPEC 3365 PRCF A $38.14 $3,051.10 SR RSK MGT SPEC 3365 PRCF B $40.05 $3,203.66 SR RSK MGT SPEC 3365 PRCF C $42.05 $3,363.84 SR RSK MGT SPEC 3365 PRCF D $44.15 $3,532.03 SR RSK MGT SPEC 3365 PRCF E $46.36 $3,708.63 SR SECRETARY 0139 CONF A $21.84 $1,747.53 SR SECRETARY 0139 CONF B $22.94 $1,834.91 SR SECRETARY 0139 CONF C $24.08 $1,926.66 SR SECRETARY 0139 CONF D $25.29 $2,022.99 SR SECRETARY 0139 CONF E $26.55 $2,124.14 SR SECRETARY 0177 ACE A $21.84 $1,747.53 SR SECRETARY 0177 ACE B $22.94 $1,834.91 SR SECRETARY 0177 ACE C $24.08 $1,926.66 SR SECRETARY 0177 ACE D $25.29 $2,022.99 SR SECRETARY 0177 ACE E $26.55 $2,124.14 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 403 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SR TREE TRIMMER 6573 ACE A $26.94 $2,155.53 SR TREE TRIMMER 6573 ACE B $28.29 $2,263.30 SR TREE TRIMMER 6573 ACE C $29.71 $2,376.47 SR TREE TRIMMER 6573 ACE D $31.19 $2,495.29 SR TREE TRIMMER 6573 ACE E $32.75 $2,620.05 SR WEBMASTER 2779 PROF A $34.47 $2,757.45 SR WEBMASTER 2779 PROF B $36.19 $2,895.32 SR WEBMASTER 2779 PROF C $38.00 $3,040.09 SR WEBMASTER 2779 PROF D $39.90 $3,192.10 SR WEBMASTER 2779 PROF E $41.90 $3,351.70 STKPR SUP 3732 ACE A $24.49 $1,959.57 STKPR SUP 3732 ACE B $25.72 $2,057.55 STKPR SUP 3732 ACE C $27.01 $2,160.43 STKPR SUP 3732 ACE D $28.36 $2,268.46 STKPR SUP 3732 ACE E $29.77 $2,381.87 STMWR CP INS I 6127 ACE A $26.62 $2,129.44 STMWR CP INS I 6127 ACE B $27.95 $2,235.91 STMWR CP INS I 6127 ACE C $29.35 $2,347.71 STMWR CP INS I 6127 ACE D $30.81 $2,465.10 STMWR CP INS I 6127 ACE E $32.35 $2,588.34 STMWR CP INS II 6125 ACE A $29.28 $2,342.40 STMWR CP INS II 6125 ACE B $30.74 $2,459.51 STMWR CP INS II 6125 ACE C $32.28 $2,582.50 STMWR CP INS II 6125 ACE D $33.90 $2,711.61 STMWR CP INS II 6125 ACE E $35.59 $2,847.20 STMWR PG MGR 6131 MM A $42.42 $3,393.62 STMWR PG MGR 6131 MM B $44.54 $3,563.30 STMWR PG MGR 6131 MM C $46.77 $3,741.47 STMWR PG MGR 6131 MM D $49.11 $3,928.54 STMWR PG MGR 6131 MM E $51.56 $4,124.97 STOREKEEPER 3734 ACE A $20.41 $1,632.98 STOREKEEPER 3734 ACE B $21.43 $1,714.62 STOREKEEPER 3734 ACE C $22.50 $1,800.36 STOREKEEPER 3734 ACE D $23.63 $1,890.38 STOREKEEPER 3734 ACE E $24.81 $1,984.90 SUPV PS ANALYST 5241 MM A $39.48 $3,158.69 SUPV PS ANALYST 5241 MM B $41.46 $3,316.62 SUPV PS ANALYST 5241 MM C $43.53 $3,482.45 SUPV PS ANALYST 5241 MM D $45.71 $3,656.58 SUPV PS ANALYST 5241 MM E $47.99 $3,839.40 SURVEY TECH I 6151 ACE A $25.46 $2,036.86 SURVEY TECH I 6151 ACE B $26.73 $2,138.70 SURVEY TECH I 6151 ACE C $28.07 $2,245.63 SURVEY TECH I 6151 ACE D $29.47 $2,357.91 SURVEY TECH I 6151 ACE E $30.95 $2,475.81 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 404 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE SURVEY TECH II 6141 ACE A $28.01 $2,240.54 SURVEY TECH II 6141 ACE B $29.41 $2,352.57 SURVEY TECH II 6141 ACE C $30.88 $2,470.20 SURVEY TECH II 6141 ACE D $32.42 $2,593.71 SURVEY TECH II 6141 ACE E $34.04 $2,723.39 SYS/DB ADMIN 3015 PROF A $38.36 $3,068.45 SYS/DB ADMIN 3015 PROF B $40.27 $3,221.87 SYS/DB ADMIN 3015 PROF C $42.29 $3,382.96 SYS/DB ADMIN 3015 PROF D $44.40 $3,552.11 SYS/DB ADMIN 3015 PROF E $46.62 $3,729.72 TELECOM SPEC 3027 ACE A $23.56 $1,885.05 TELECOM SPEC 3027 ACE B $24.74 $1,979.30 TELECOM SPEC 3027 ACE C $25.98 $2,078.26 TELECOM SPEC 3027 ACE D $27.28 $2,182.18 TELECOM SPEC 3027 ACE E $28.64 $2,291.29 TINY TOT AIDE 7503 UCHR A $13.17 ‐‐ TINY TOT AIDE 7503 UCHR B $13.83 ‐‐ TINY TOT AIDE 7503 UCHR C $14.52 ‐‐ TINY TOT AIDE 7503 UCHR D $15.25 ‐‐ TINY TOT AIDE 7503 UCHR E $16.01 ‐‐ TINY TOT SPEC 7505 UCHR A $15.80 ‐‐ TINY TOT SPEC 7505 UCHR B $16.59 ‐‐ TINY TOT SPEC 7505 UCHR C $17.42 ‐‐ TINY TOT SPEC 7505 UCHR D $18.30 ‐‐ TINY TOT SPEC 7505 UCHR E $19.21 ‐‐ TRAFF CTRL ASST 5155 UCHR A ‐‐ ‐‐ TRAFF CTRL ASST 5155 UCHR B ‐‐ ‐‐ TRAFF CTRL ASST 5155 UCHR C ‐‐ ‐‐ TRAFF CTRL ASST 5155 UCHR D ‐‐ ‐‐ TRAFF CTRL ASST 5155 UCHR E $15.69 ‐‐ TRAFF DV TCH 6177 ACE A $29.51 $2,360.90 TRAFF DV TCH 6177 ACE B $30.99 $2,478.94 TRAFF DV TCH 6177 ACE C $32.54 $2,602.89 TRAFF DV TCH 6177 ACE D $34.16 $2,733.03 TRAFF DV TCH 6177 ACE E $35.87 $2,869.69 TRAFF DV TCH SP 6175 ACE A $33.94 $2,715.03 TRAFF DV TCH SP 6175 ACE B $35.63 $2,850.78 TRAFF DV TCH SP 6175 ACE C $37.42 $2,993.32 TRAFF DV TCH SP 6175 ACE D $39.29 $3,142.99 TRAFF DV TCH SP 6175 ACE E $41.25 $3,300.13 TRAFF ENGINEER 6024 PROF A $39.66 $3,172.43 TRAFF ENGINEER 6024 PROF B $41.64 $3,331.05 TRAFF ENGINEER 6024 PROF C $43.72 $3,497.61 TRAFF ENGINEER 6024 PROF D $45.91 $3,672.49 TRAFF ENGINEER 6024 PROF E $48.20 $3,856.12 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 405 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE TRAFF OFFICER 5293 UCHR A $14.24 ‐‐ TRAFF OFFICER 5293 UCHR B $14.95 ‐‐ TRAFF OFFICER 5293 UCHR C $15.69 ‐‐ TRAFF OFFICER 5293 UCHR D ‐‐‐‐ TRAFF OFFICER 5293 UCHR E ‐‐‐‐ TRAIN PGM SPEC 5250 UCHR A $23.56 ‐‐ TRAIN PGM SPEC 5250 UCHR B $24.74 ‐‐ TRAIN PGM SPEC 5250 UCHR C $25.98 ‐‐ TRAIN PGM SPEC 5250 UCHR D $27.27 ‐‐ TRAIN PGM SPEC 5250 UCHR E $28.64 ‐‐ TRAIN PGM SPEC 5262 ACE A $23.56 $1,884.88 TRAIN PGM SPEC 5262 ACE B $24.74 $1,979.12 TRAIN PGM SPEC 5262 ACE C $25.98 $2,078.08 TRAIN PGM SPEC 5262 ACE D $27.27 $2,181.98 TRAIN PGM SPEC 5262 ACE E $28.64 $2,291.08 TRAN ENG W CERT 6031 WCE A $46.46 $3,716.83 TRAN ENG W CERT 6031 WCE B $48.78 $3,902.66 TRAN ENG W CERT 6031 WCE C $51.22 $4,097.81 TRAN ENG W CERT 6031 WCE D $53.78 $4,302.70 TRAN ENG W CERT 6031 WCE E $56.47 $4,517.82 TRAN ENG WO CRT 6033 WCE A $44.25 $3,539.84 TRAN ENG WO CRT 6033 WCE B $46.46 $3,716.83 TRAN ENG WO CRT 6033 WCE C $48.78 $3,902.67 TRAN ENG WO CRT 6033 WCE D $51.22 $4,097.81 TRAN ENG WO CRT 6033 WCE E $53.78 $4,302.70 TREE TRMR 6575 ACE A $22.45 $1,796.28 TREE TRMR 6575 ACE B $23.58 $1,886.09 TREE TRMR 6575 ACE C $24.75 $1,980.39 TREE TRMR 6575 ACE D $25.99 $2,079.40 TREE TRMR 6575 ACE E $27.29 $2,183.38 TREE TRMR SUPV 6572 ACE A $30.99 $2,478.87 TREE TRMR SUPV 6572 ACE B $32.54 $2,602.82 TREE TRMR SUPV 6572 ACE C $34.16 $2,732.95 TREE TRMR SUPV 6572 ACE D $35.87 $2,869.59 TREE TRMR SUPV 6572 ACE E $37.66 $3,013.08 VET 5308 UCHR A $46.77 ‐‐ VET 5308 UCHR B $49.11 ‐‐ VET 5308 UCHR C $51.57 ‐‐ VET 5308 UCHR D $54.15 ‐‐ VET 5308 UCHR E $56.85 ‐‐ VET (PERMITTED)5322 UCHR A $66.13 ‐‐ VET (PERMITTED)5322 UCHR B $69.44 ‐‐ VET (PERMITTED)5322 UCHR C $72.91 ‐‐ VET (PERMITTED)5322 UCHR D $76.56 ‐‐ VET (PERMITTED)5322 UCHR E $80.39 ‐‐ Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 406 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE VET (PERMITTED)5331 PROF A $54.82 $4,385.24 VET (PERMITTED)5331 PROF B $57.56 $4,604.49 VET (PERMITTED)5331 PROF C $60.43 $4,834.72 VET (PERMITTED)5331 PROF D $63.46 $5,076.46 VET (PERMITTED)5331 PROF E $66.63 $5,330.29 VET ASST 5323 UCHR A $18.40 ‐‐ VET ASST 5323 UCHR B $19.32 ‐‐ VET ASST 5323 UCHR C $20.28 ‐‐ VET ASST 5323 UCHR D $21.30 ‐‐ VET ASST 5323 UCHR E $22.36 ‐‐ VET ASST 5325 ACE A $18.40 $1,471.86 VET ASST 5325 ACE B $19.32 $1,545.45 VET ASST 5325 ACE C $20.28 $1,622.73 VET ASST 5325 ACE D $21.30 $1,703.87 VET ASST 5325 ACE E $22.36 $1,789.06 VET I 5335 PROF A $38.93 $3,114.52 VET I 5335 PROF B $40.88 $3,270.24 VET I 5335 PROF C $42.92 $3,433.76 VET I 5335 PROF D $45.07 $3,605.45 VET I 5335 PROF E $47.32 $3,785.71 VET II 5333 PROF A $44.77 $3,581.69 VET II 5333 PROF B $47.01 $3,760.77 VET II 5333 PROF C $49.36 $3,948.81 VET II 5333 PROF D $51.83 $4,146.25 VET II 5333 PROF E $54.42 $4,353.56 VOL COORD 7131 ACE A $20.11 $1,608.98 VOL COORD 7131 ACE B $21.12 $1,689.43 VOL COORD 7131 ACE C $22.17 $1,773.90 VOL COORD 7131 ACE D $23.28 $1,862.59 VOL COORD 7131 ACE E $24.45 $1,955.72 WEBMASTER 2777 ACE A $30.27 $2,421.77 WEBMASTER 2777 ACE B $31.79 $2,542.85 WEBMASTER 2777 ACE C $33.38 $2,670.00 WEBMASTER 2777 ACE D $35.04 $2,803.49 WEBMASTER 2777 ACE E $36.80 $2,943.67 Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 407 Fiscal Year 2017‐2018 Compensation Schedule Effective March 2, 2018 POSITION TITLE PCN BARG STEP HOURLY RATE BI‐WEEKLY RATE WW/STRM OPS MGR 6332 MM A $46.34 $3,707.04 WW/STRM OPS MGR 6332 MM B $48.65 $3,892.39 WW/STRM OPS MGR 6332 MM C $51.09 $4,087.01 WW/STRM OPS MGR 6332 MM D $53.64 $4,291.36 WW/STRM OPS MGR 6332 MM E $56.32 $4,505.93 Revised: July 11, 2017 (Effective July 7, 2017) September 12, 2017 (Effective September 15, 2017) December 12, 2017 (Effective September 29, 2017) December 12, 2017 (Effective December 22, 2017) December 12, 2017 (Effective January 5, 2017) January 23, 2018 (Effective January 5, 2018) February 13, 2018 (Effective February 16, 2018) February 27, 2017 (Effective March 2, 2018) Approved and Adopted: Resolution No.: 2018-02-27 Agenda Packet Page 408 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING WHEREAS, Civil Service Rule 1.02(A), which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s classification plan is kept current, and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the classification plan; and WHEREAS, in an effort to address the needs of various departments, the forthcoming Community Services Department, and the City's workforce, the Human Resources Department is proposing various new classifications and the reclassification of certain positions; and WHEREAS, a summary of the proposed new classifications (to be added to the City’s position count with corresponding reductions as set forth below) and the E-Step salary is as follows: WHEREAS, in September 2013, the California Legislature enacted legislation signed by the Governor of California, which included raising the minimum wage to $11.00 per hour effective January 1, 2018; and WHEREAS, to ensure compliance with the State's minimum wage law, staff proposed salary adjustments for several unclassified hourly positions effective December 22, 2017, which Council subsequently approved at their December 12, 2017 meeting; and WHEREAS, staff inadvertently excluded a salary adjustment for Seasonal Assistant, an inactive unclassified hourly position, and is now therefore proposing to ensure compliance with 2018-02-27 Agenda Packet Page 409 the State’s minimum wage laws, the elimination of Steps A (currently $9.55 per hour) through C (currently $10.53 per hour), as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule and Classification Plan to reflect the changes described above. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following change to the fiscal year 2017 and fiscal year 2018 authorized position count with no net change in authorized staffing: Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2018-02-27 Agenda Packet Page 410 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017/18 COMPENSATION SCHEDULE EFFECTIVE MARCH 2, 2018, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, TO REFLECT: (1) THE ADDITION AND ELIMINATION OF CERTAIN POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR ACCOUNTANT, ASSOCIATE ACCOUNTANT, DEPUTY CITY MANAGER, DIRECTOR OF ECONOMIC DEVELOPMENT, SEASONAL ASSISTANT, AND SENIOR ACCOUNTANT WHEREAS, California Code of Regulations, Title 2, Section 570.5, requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the revised Fiscal Year 2017-2018 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of February 13, 2018; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes, and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to reflect the addition and elimination of certain position titles and salary adjustments for Accountant, Associate Accountant, Deputy City Manager, Director of Economic Development, Seasonal Assistant, and Senior Accountant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2017-2018 Compensation Schedule effective March 2, 2018, a copy of which is available in the City Clerk’s Office, to reflect the addition and elimination of certain position titles and salary adjustments for Accountant, Associate Accountant, Deputy City Manager, Director of Economic Development, Seasonal Assistant, and Senior Accountant. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2018-02-27 Agenda Packet Page 411 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITIONS OF CITY LIBARIAN, PARKS AND RECREATION ADMINISTRATOR, DIRECTOR OF COMMUNITY SERVICES, AND REVENUE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I.That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code Enforcement Manager, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services Manager, Constituent Services Representative, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Finance and Purchasing Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and Recreation Administrator, Performance and Organizational Development Manager, Planning Manager, Police Administrative Services 2018-02-27 Agenda Packet Page 412 Ordinance No. Page No. 2 Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, and Traffic Engineer. 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 Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2018-02-27 Agenda Packet Page 413 City of Chula Vista Staff Report File#:18-0083, Item#: 14. APPOINTMENT OF A MEMBER TO THE SANDAG SHORELINE PRESERVATION WORKING GROUP City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 414 City of Chula Vista Staff Report File#:18-0078, Item#: 15. COUNCILMEMBER AGUILAR: CONSIDERATION OF CITY ENDORSEMENT OF THE 2018 “VILLAGE SUMMER NIGHTS” SERIES OF EVENTS PLANNED FOR THE THIRD AVENUE VILLAGE IN CHULA VISTA Village Summer Nights is a series of six bi-weekly displays of vehicles, music, and specialty business products planned for every other Tuesday evening beginning June 12 and ending August 28, 2018. City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 415 City of Chula Vista Staff Report File#:18-0054, Item#: 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case:Juan Abenojar and Salome Rincon v. City of Chula Vista, San Diego Superior Court, Case No. 37-2016-00024897-CU-PO-CTL City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 416 City of Chula Vista Staff Report File#:18-0070, Item#: 17. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case: City of Chula Vista v. International Boundary & Water Commission, et al. City of Chula Vista Printed on 2/22/2018Page 1 of 1 powered by Legistar™2018-02-27 Agenda Packet Page 417