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HomeMy WebLinkAbout2018/03/06 Agenda PacketMarch 6, 2018City Council Agenda CONSENT CALENDAR (Items 1 - 9) 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 December 5, 2017.18-01001.18-0100 Council approve the minutes. 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 (SECOND READING AND ADOPTION) 18-00932.18-0093 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 adopt the ordinance. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE TOBACCO RETAILERS (SECOND READING AND ADOPTION) 18-00943.18-0094 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 adopt the ordinance. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 5.19 TO REGULATE COMMERCIAL CANNABIS (SECOND READING AND ADOPTION) 18-00954.18-0095 City Manager Department: Page 2 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 2 March 6, 2018City Council Agenda 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 adopt the ordinance. Staff Recommendation: 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 (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 18-00965.18-0096 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 ordinance. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO ADD JOB ORDER CONTRACTING (JOC) AS A PROCUREMENT METHOD AND ESTABLISH RELATED POLICIES AND PROCEDURES, ESTABLISH UNIFORM POLICIES AND PROCEDURES FOR DEVELOPER-PERFORMED PUBLIC WORKS, EXEMPT THE CITY’S PURCHASING SYSTEM FROM THE REQUIREMENTS OF THE CALIFORNIA PUBLIC CONTRACT CODE, AND PROVIDE FOR AUTOMATIC INDEXED ADJUSTMENTS TO JOC DOLLAR THRESHOLDS (FIRST READING) (4/5 VOTE REQUIRED) 17-04646.17-0464 Public Works 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. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: Page 3 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 3 March 6, 2018City Council Agenda A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1) NEW ELGIN CROSSWIND J SWEEPER FROM HAAKER EQUIPMENT COMPANY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 022014-FSC B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) NEW GAPVAX MC SERIES COMBINATION JET/VACUUM MACHINES MOUNTED TO HV513 INTERNATIONAL CHASSIS FROM NATIONAL AUTO FLEET GROUP, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 081716-NAF 18-00067.18-0006 Public Works 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. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR THE SMART GROWTH INCENTIVE PROGRAM - CYCLE 4 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PHASE 3 OF THE THIRD AVENUE STREETSCAPE PROJECT FROM F STREET TO E STREET, AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECT 18-00388.18-0038 Engineering Department Department: The Project was adequately covered in previously adopted/certified Final Environmental Impact Report, FEIR-06-01 for the Chula Vista Urban Core Specific Plan (UCSP) and any and all addenda and amendments. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 4 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 4 March 6, 2018City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $923 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND (4/5 VOTE REQUIRED) 18-00769.18-0076 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 adopt the resolution. 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2016/2017 THROUGH 2020/2021 18-003910.18-0039 Engineering 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 conduct the public hearing and adopt the resolution. Staff Recommendation: Page 5 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 5 March 6, 2018City Council Agenda A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING TENTATIVE MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK, SUBJECT TO THE CONDITIONS LISTED IN THIS RESOLUTION B. ORDINANCE OF THE CITY OF CHULA VISTA CONSIDERING PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK FOR THE PURPOSE OF ALLOWING SUBDIVISION AND REDEVELOPMENT OF THE PROPERTY WITH AN INDUSTRIAL/COMMERCIAL BUSINESS PARK (FIRST READING) 18-004711.18-0047 Development Services Department/Economic Development Department Department: Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP) have been prepared. Environmental Notice: Council conduct the public hearing, adopt the resolution, and place the ordinance on first reading. Staff Recommendation: Page 6 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 6 March 6, 2018City Council Agenda 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 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNITED HEALTHCARE INSURANCE COMPANY, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR FULL-TIME BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICERS ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES 18-005812.18-0058 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 resolution. Staff Recommendation: CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS Page 7 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 7 March 6, 2018City Council Agenda 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 REAL PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 Property: Assessors Parcel Number (APN) 643-06-57-00 Agency Negotiators: Gary Halbert and Eric Crockett Negotiating Parties: City of Chula Vista and Chesnut Properties Under Negotiation: Price and Terms of Payment for Acquisition and Leaseback 18-010113.18-0101 ADJOURNMENT to the Regular City Council Meeting on March 13, 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 8 City of Chula Vista Printed on 3/1/2018 2018-03-06 Agenda Packet Page 8 City of Chula Vista Staff Report File#:18-0082, Item#: A. OATH OF OFFICE Kristen Dennis, Historic Preservation Commission City of Chula Vista Printed on 3/1/2018Page 1 of 1 powered by Legistar™2018-03-06 Agenda Packet Page 9 City of Chula Vista Staff Report File#:18-0067, Item#: B. PRESENTATION OF A PROCLAMATION TO BARBARA HAMILTON, DIRECTOR OF STRATEGIC INITIATIVES FOR THE SAN DIEGO FOOD SYSTEM, PROCLAIMING THE WEEK OF MARCH 5 - 9, 2018 AS FOOD WASTE PREVENTION WEEK AND ACKNOWLEDGING REGIONAL EFFORTS FOR FOOD WASTE REDUCTION SUCH AS THE SAN DIEGO FOOD SYSTEM ALLIANCE “SAVE THE FOOD SAN DIEGO” CAMPAIGN City of Chula Vista Printed on 3/1/2018Page 1 of 1 powered by Legistar™2018-03-06 Agenda Packet Page 10 City of Chula Vista Staff Report File#:18-0100, Item#: 1. APPROVAL OF MINUTES of December 5, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 3/1/2018Page 1 of 1 powered by Legistar™2018-03-06 Agenda Packet Page 11 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, December 5, 2017 REGULAR MEETINGS OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MUNICIPAL FINANCING AUTHORITY, AND PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA CALL TO ORDER Regular meetings of the City Council, Successor Agency to the Redevelopment Agency, Municipal Financing Authority, and Public Financing Authority of the City of Chula Vista were called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A.17-0514 PRESENTATION OF A PROCLAMATION COMMENDING POLICE SERGEANT, JOHN McAVENIA UPON 33 YEARS OF DEDICATED SERVICE Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Sergeant McAvenia. B.17-0525 PRESENTATION OF A PROCLAMATION COMMENDING ENVIRONMENTAL SERVICES MANAGER, LYNN FRANCE UPON 14 YEARS OF DEDICATED SERVICE AND CONGRATULATING HER ON BEING RECOGNIZED AS THE 2017 “RECYCLER OF THE YEAR” BY THE CALIFORNIA RESOURCE RECOVERY ASSOCIATION Mayor Casillas Salas read the proclamation and Deputy Mayor McCann presented it to Environmental Services Manager France. C.17-0529 SPECIAL RECOGNITION OF 15-YEAR-OLD CHULA VISTA RESIDENT LAWRENCE MALOT FOR HIS GENEROSITY Councilmember Aguilar presented a Medal of Champions to Lawrence Malot and played a video displaying his generosity. Page 1City of Chula Vista 2018-03-06 Agenda Packet Page 12 December 5, 2017City Council Meeting Minutes - Draft **17-0558 PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2017 CHRISTMAS IN OCTOBER Dr. Emerald Randolph gave a presentation on the item. D.17-0523 UPDATE BY PORT COMMISSIONER ANN MOORE ON THE CHULA VISTA BAYFRONT DEVELOPMENT Port Commissioner Ann Moore gave a presentation on the item. CONSENT CALENDAR (Items 1 - 5) Mayor Casillas Salas and Councilmember Aguilar announced that they would abstain from voting on Item 4 due to potential property-related conflicts of interest. 1.17-0520 ORDINANCE NO. 3412 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 (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 2.17-0394 A. RESOLUTION NO. 2017-217 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF A MASTER LICENSE AGREEMENT FOR WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY B. RESOLUTION NO. 2017-218 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2 (GENERAL GOVERNMENT FEES) OF THE CITY’S MASTER FEE SCHEDULE TO ESTABLISH ADMINISTRATIVE FEES RELATED TO MASTER LICENSE AGREEMENTS FOR WIRELESS FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY Recommended Action: Council adopt the resolutions. Page 2City of Chula Vista 2018-03-06 Agenda Packet Page 13 December 5, 2017City Council Meeting Minutes - Draft 3.17-0440 A. RESOLUTION NO. 2017-004 OF THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF CHULA VISTA SETTING THE DAY AND TIME OF REGULAR MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54954(A) B. RESOLUTION NO. 2017-001 OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA SETTING THE DAY AND TIME OF REGULAR MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54954(A) C. RESOLUTION NO. 2017-004 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA SETTING THE DAY AND TIME OF REGULAR MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54954(A) Recommended Action: Authorities and Agency adopt the resolutions. 4.17-0501 RESOLUTION NO. 2017-219 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING, IF AWARDED, PRE-DISASTER MITIGATION GRANT FUNDS AND HAZARD MITIGATION GRANT PROGRAM FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES) Recommended Action: Council adopt the resolution. 5.17-0504 RESOLUTION NO. 2017-220 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND ADOPTING THE 2017 SAN DIEGO COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AS IT RELATES TO THE CITY OF CHULA VISTA Recommended Action: Council adopt the resolution. 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: Items 1 through 3 and 5: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Item 4: Yes:Diaz, McCann and Padilla3 - No:0 Abstain:Aguilar and Casillas Salas2 - Page 3City of Chula Vista 2018-03-06 Agenda Packet Page 14 December 5, 2017City Council Meeting Minutes - Draft ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Robert Bryson, representing the Public Transit Employee Association, requested Council consideration to support a fair contract for San Diego trolley workers. PUBLIC HEARINGS 6.17-0407 A. RESOLUTION NO. 2017-221 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING ADDENDUM TO ENVIRONMENTAL IMPACT REPORT UPD#83356-EIR-65B/SCH#2005081077, MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED 2005 GENERAL PLAN AND LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (FIRST READING) 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. Principal Planner Power and Senior Planner Tapia gave the presentation. Mayor Casillas Salas opened the public hearing. Steve Castaneda, Chula Vista resident, spoke in support of staff's recommendation. Mayor Casillas Salas closed the public hearing. A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, to adopt Resolution No. 2017-221 and place the above ordinance on first reading, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ACTION ITEMS 7.17-0467 PRESENTATION OF 2017 MARKETING AND COMMUNICATIONS ACTIVITIES INCLUDING RESULTS FROM THE “THIS IS CHULA” IMAGE ADVERTISING CAMPAIGN Marketing and Communications Manager Steinberger and Gabriela Dow, representing NV5, gave a presentation on the item. Page 4City of Chula Vista 2018-03-06 Agenda Packet Page 15 December 5, 2017City Council Meeting Minutes - Draft CITY MANAGER’S REPORTS Director of Engineering Valle and Assistant City Manager Kachadoorian presented an update on major Measure P projects. MAYOR’S REPORTS 8.17-0516 Consideration of reappointment of Ann Moore to the San Diego Board of Port Commissioners for the term beginning January 2019. A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor McCann, to appoint Ann Moore to the San Diego Board of Port Commissioners for the term beginning January 2019. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Councilmember Padilla and Mayor Casillas Salas requested regular updates from the San Diego Board of Port Commissioners meetings. Mayor Casillas Salas congratulated Ann Moore on her reappointment. She also congratulated staff in Public Works, Engineering, and Economic Development on receiving the Municipality of the Year award from the Institute of Traffic Engineers. Mayor Casillas Salas announced that the San Diego Bike Coalition was awarding Chula Vista the 2017 Golden Gear Award. Mayor Casillas Salas reported on her attendance at the Centro de Alto Rendimiento in Tijuana and on an upcoming trip to the University Center in Santa Clarita. She thanked Councilmember Padilla for his participation as a panel member for the YMCA Youth and Government Bill Hearing and she congratulated Councilmember Aguilar on the success of the Starlight Parade and Children's Faire. COUNCILMEMBERS’ COMMENTS Deputy Mayor McCann spoke regarding the recent Starlight Parade and reported on his attendance at the recent Veteran's Home Support Foundation meeting. Councilmember Padilla spoke regarding his participation on the YMCA Youth and Government panel and he reported on an upcoming quarterly community coffee he would host. 9.17-0526 Councilmember Aguilar: RESOLUTION NO. 2017-222 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE DREAM ACT OF 2017 Recommended Action: Council adopt the resolution. The following members of the public spoke in support of the item: - Cynthia Alvarado, Chula Vista resident, representing South Bay People Power - Brenda Arnold, Chula Vista resident, representing South Bay People Power - Kathy Cappos-Hardy, Chula Vista resident, representing South Bay People Power - Tania Calvillo, Chula Vista resident - Connie Mack, Chula Vista resident, representing South Bay People Power - Lillian Carballo, Chula Vista resident, representing South Bay People Power Page 5City of Chula Vista 2018-03-06 Agenda Packet Page 16 December 5, 2017City Council Meeting Minutes - Draft Councilmember Aguilar announced that a revised version of the resolution had been presented to the Council. A motion was made by Councilmember Aguilar, seconded by Councilmember Padilla, to adopt Resolution No. 2017-222, as revised, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 At the request of Councilmember Aguilar, there was consensus of the Council to forward copies of the resolution to the following members of Congress: Mitch McConnell, Dianne Feinstein, Kamala Harris, Paul Ryan, Juan Vargas, and Susan Davis Councilmember Aguilar spoke regarding the recent Starlight Parade. CITY ATTORNEY'S REPORTS There were none. Mayor Casillas Salas paid tribute to Calvin Ruff and stated that the meeting would be adjourned in his memory. ADJOURNMENT At 7:56 p.m., Mayor Casillas Salas adjourned the meeting in memory of Calvin Ruff to the regular City Council Meeting on December 12, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 6City of Chula Vista 2018-03-06 Agenda Packet Page 17 City of Chula Vista Staff Report File#:18-0093, Item#: 2. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 18 File#:18-0093, Item#: 2. 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 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 19 File#:18-0093, Item#: 2. 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 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 20 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). 2018-03-06 Agenda Packet Page 21 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. 2018-03-06 Agenda Packet Page 22 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, 2018-03-06 Agenda Packet Page 23 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 2018-03-06 Agenda Packet Page 24 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 2018-03-06 Agenda Packet Page 25 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 2018-03-06 Agenda Packet Page 26 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). 2018-03-06 Agenda Packet Page 27 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E408D\@BCL@600E408D.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 2018-03-06 Agenda Packet Page 28 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 2018-03-06 Agenda Packet Page 29 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 2018-03-06 Agenda Packet Page 30 Ordinance Page 4 _____________________________________ ____________________________________ Glen R. Googins Glen R. Googins City Attorney City Attorney 2018-03-06 Agenda Packet Page 31 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 VISTA2018-03-06 Agenda PacketPage 32 City of Chula Vista Staff Report File#:18-0094, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE TOBACCO RETAILERS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 City of Chula Vista Printed on 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 33 File#:18-0094, Item#: 3. minors. 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. City of Chula Vista Printed on 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 34 File#:18-0094, Item#: 3. 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 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 35 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E9921\@BCL@600E9921.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 2018-03-06 Agenda Packet Page 36 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 2018-03-06 Agenda Packet Page 37 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: 2018-03-06 Agenda Packet Page 38 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: 2018-03-06 Agenda Packet Page 39 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; 2018-03-06 Agenda Packet Page 40 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 2018-03-06 Agenda Packet Page 41 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. 2018-03-06 Agenda Packet Page 42 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. 2018-03-06 Agenda Packet Page 43 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 2018-03-06 Agenda Packet Page 44 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 2018-03-06 Agenda Packet Page 45 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 2018-03-06 Agenda Packet Page 46 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. 2018-03-06 Agenda Packet Page 47 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. 2018-03-06 Agenda Packet Page 48 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. 2018-03-06 Agenda Packet Page 49 Ordinance Page 15 Presented by Approved as to form by _____________________________________ ____________________________________ Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2018-03-06 Agenda Packet Page 50 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 2018-03-06 Agenda Packet Page 51 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; 2018-03-06 Agenda Packet Page 52 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, 2018-03-06 Agenda Packet Page 53 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. 2018-03-06 Agenda Packet Page 54 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. 2018-03-06 Agenda Packet Page 55 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. 2018-03-06 Agenda Packet Page 56 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 2018-03-06 Agenda Packet Page 57 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: 2018-03-06 Agenda Packet Page 58 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, 2018-03-06 Agenda Packet Page 59 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 2018-03-06 Agenda Packet Page 60 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 2018-03-06 Agenda Packet Page 61 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). 2018-03-06 Agenda Packet Page 62 City of Chula Vista Staff Report File#:18-0095, Item#: 4. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE SECTION 5.19 TO REGULATE COMMERCIAL CANNABIS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 63 File#:18-0095, Item#: 4. 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 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 64 File#:18-0095, Item#: 4. ·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 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 65 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300ECC53\@BCL@300ECC53.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 2018-03-06 Agenda Packet Page 66 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: 2018-03-06 Agenda Packet Page 67 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, 2018-03-06 Agenda Packet Page 68 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 2018-03-06 Agenda Packet Page 69 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, 2018-03-06 Agenda Packet Page 70 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. 2018-03-06 Agenda Packet Page 71 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. 2018-03-06 Agenda Packet Page 72 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. 2018-03-06 Agenda Packet Page 73 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. 2018-03-06 Agenda Packet Page 74 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. 2018-03-06 Agenda Packet Page 75 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. Indoor Cultivator: Ten (10) total City Licenses. Each Cultivator License shall be limited to a maximum of 20,000 total square feet of Canopy. C. 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; and 3. Testing Laboratory. D. 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. 2018-03-06 Agenda Packet Page 76 Ordinance Page 12 E. No City License shall issue for any Commercial Cannabis Business type other than those identified in subsections (A) through (C) above. F. 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. G. 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 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 2018-03-06 Agenda Packet Page 77 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 2018-03-06 Agenda Packet Page 78 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 or acquired 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. 2018-03-06 Agenda Packet Page 79 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. 2018-03-06 Agenda Packet Page 80 Ordinance Page 16 7. Invitation to Submit Phase Two Application; Merit-Based 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 merit-based 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. 2018-03-06 Agenda Packet Page 81 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. 2018-03-06 Agenda Packet Page 82 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: 2018-03-06 Agenda Packet Page 83 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 2018-03-06 Agenda Packet Page 84 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. 2018-03-06 Agenda Packet Page 85 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. 2018-03-06 Agenda Packet Page 86 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. 2018-03-06 Agenda Packet Page 87 Ordinance Page 23 2018-03-06 Agenda Packet Page 88 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. 2018-03-06 Agenda Packet Page 89 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. 2018-03-06 Agenda Packet Page 90 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. 2018-03-06 Agenda Packet Page 91 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. 2018-03-06 Agenda Packet Page 92 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. 2018-03-06 Agenda Packet Page 93 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. 2018-03-06 Agenda Packet Page 94 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 2018-03-06 Agenda Packet Page 95 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); 2018-03-06 Agenda Packet Page 96 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. 2018-03-06 Agenda Packet Page 97 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. 2018-03-06 Agenda Packet Page 98 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. 2018-03-06 Agenda Packet Page 99 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: 2018-03-06 Agenda Packet Page 100 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, 2018-03-06 Agenda Packet Page 101 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 2018-03-06 Agenda Packet Page 102 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 2018-03-06 Agenda Packet Page 103 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. 2018-03-06 Agenda Packet Page 104 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. 2018-03-06 Agenda Packet Page 105 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. 2018-03-06 Agenda Packet Page 106 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. 2018-03-06 Agenda Packet Page 107 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 2018-03-06 Agenda Packet Page 108 2018-03-06 Agenda Packet Page 109 2018-03-06 Agenda Packet Page 110 2018-03-06 Agenda Packet Page 111 2018-03-06 Agenda Packet Page 112 2018-03-06 Agenda Packet Page 113 2018-03-06 Agenda Packet Page 114 2018-03-06 Agenda Packet Page 115 2018-03-06 Agenda Packet Page 116 2018-03-06 Agenda Packet Page 117 2018-03-06 Agenda Packet Page 118 2018-03-06 Agenda Packet Page 119 2018-03-06 Agenda Packet Page 120 2018-03-06 Agenda Packet Page 121 2018-03-06 Agenda Packet Page 122 2018-03-06 Agenda Packet Page 123 2018-03-06 Agenda Packet Page 124 2018-03-06 Agenda Packet Page 125 2018-03-06 Agenda Packet Page 126 2018-03-06 Agenda Packet Page 127 2018-03-06 Agenda Packet Page 128 2018-03-06 Agenda Packet Page 129 2018-03-06 Agenda Packet Page 130 2018-03-06 Agenda Packet Page 131 2018-03-06 Agenda Packet Page 132 2018-03-06 Agenda Packet Page 133 2018-03-06 Agenda Packet Page 134 2018-03-06 Agenda Packet Page 135 2018-03-06 Agenda Packet Page 136 2018-03-06 Agenda Packet Page 137 2018-03-06 Agenda Packet Page 138 2018-03-06 Agenda Packet Page 139 2018-03-06 Agenda Packet Page 140 2018-03-06 Agenda Packet Page 141 2018-03-06 Agenda Packet Page 142 2018-03-06 Agenda Packet Page 143 2018-03-06 Agenda Packet Page 144 City of Chula Vista Staff Report File#:18-0096, Item#: 5. 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 (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. 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 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 City of Chula Vista Printed on 3/1/2018Page 1 of 5 powered by Legistar™2018-03-06 Agenda Packet Page 145 File#:18-0096, Item#: 5. 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. Summary of New and Updated Classifications City of Chula Vista Printed on 3/1/2018Page 2 of 5 powered by Legistar™2018-03-06 Agenda Packet Page 146 File#:18-0096, Item#: 5. 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 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 City of Chula Vista Printed on 3/1/2018Page 3 of 5 powered by Legistar™2018-03-06 Agenda Packet Page 147 File#:18-0096, Item#: 5. 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 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 City of Chula Vista Printed on 3/1/2018Page 4 of 5 powered by Legistar™2018-03-06 Agenda Packet Page 148 File#:18-0096, Item#: 5. 1. Revised Fiscal Year 2017-2018 Compensation Schedule Effective March 2, 2018 Staff Contact: Courtney Chase City of Chula Vista Printed on 3/1/2018Page 5 of 5 powered by Legistar™2018-03-06 Agenda Packet Page 149 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.:  2018-03-06 Agenda Packet Page 150 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.:  2018-03-06 Agenda Packet Page 151 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.:  2018-03-06 Agenda Packet Page 152 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.:  2018-03-06 Agenda Packet Page 153 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.:  2018-03-06 Agenda Packet Page 154 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.:  2018-03-06 Agenda Packet Page 155 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.:  2018-03-06 Agenda Packet Page 156 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.:  2018-03-06 Agenda Packet Page 157 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.:  2018-03-06 Agenda Packet Page 158 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.:  2018-03-06 Agenda Packet Page 159 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.:  2018-03-06 Agenda Packet Page 160 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.:  2018-03-06 Agenda Packet Page 161 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.:  2018-03-06 Agenda Packet Page 162 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.:  2018-03-06 Agenda Packet Page 163 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.:  2018-03-06 Agenda Packet Page 164 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.:  2018-03-06 Agenda Packet Page 165 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.:  2018-03-06 Agenda Packet Page 166 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.:  2018-03-06 Agenda Packet Page 167 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.:  2018-03-06 Agenda Packet Page 168 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.:  2018-03-06 Agenda Packet Page 169 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.:  2018-03-06 Agenda Packet Page 170 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.:  2018-03-06 Agenda Packet Page 171 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.:  2018-03-06 Agenda Packet Page 172 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.:  2018-03-06 Agenda Packet Page 173 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.:  2018-03-06 Agenda Packet Page 174 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.:  2018-03-06 Agenda Packet Page 175 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.:  2018-03-06 Agenda Packet Page 176 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.:  2018-03-06 Agenda Packet Page 177 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.:  2018-03-06 Agenda Packet Page 178 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.:  2018-03-06 Agenda Packet Page 179 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.:  2018-03-06 Agenda Packet Page 180 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.:  2018-03-06 Agenda Packet Page 181 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.:  2018-03-06 Agenda Packet Page 182 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.:  2018-03-06 Agenda Packet Page 183 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.:  2018-03-06 Agenda Packet Page 184 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.:  2018-03-06 Agenda Packet Page 185 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.:  2018-03-06 Agenda Packet Page 186 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.:  2018-03-06 Agenda Packet Page 187 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.:  2018-03-06 Agenda Packet Page 188 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.:  2018-03-06 Agenda Packet Page 189 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.:  2018-03-06 Agenda Packet Page 190 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.:  2018-03-06 Agenda Packet Page 191 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.:  2018-03-06 Agenda Packet Page 192 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.:  2018-03-06 Agenda Packet Page 193 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.:  2018-03-06 Agenda Packet Page 194 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.:  2018-03-06 Agenda Packet Page 195 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.:  2018-03-06 Agenda Packet Page 196 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.:  2018-03-06 Agenda Packet Page 197 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.:  2018-03-06 Agenda Packet Page 198 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.:  2018-03-06 Agenda Packet Page 199 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.:  2018-03-06 Agenda Packet Page 200 SECOND READING AND ADOPTION 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 2018-03-06 Agenda Packet Page 201 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 2018-03-06 Agenda Packet Page 202 City of Chula Vista Staff Report File#:17-0464, Item#: 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO ADD JOB ORDER CONTRACTING (JOC) AS A PROCUREMENT METHOD AND ESTABLISH RELATED POLICIES AND PROCEDURES, ESTABLISH UNIFORM POLICIES AND PROCEDURES FOR DEVELOPER-PERFORMED PUBLIC WORKS, EXEMPT THE CITY’S PURCHASING SYSTEM FROM THE REQUIREMENTS OF THE CALIFORNIA PUBLIC CONTRACT CODE, AND PROVIDE FOR AUTOMATIC INDEXED ADJUSTMENTS TO JOC DOLLAR THRESHOLDS (FIRST READING) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY On November 4, 2014, Chula Vista voters approved modifications to City Charter Sections 1009, 1010, and 1011 (Measure A) that delegated authority to the City Council to make procurement rules for awarding City public works contracts and other types of City contracts, including exceptions to the standard approval and competitive bid process where determined to be in the best overall interest of the City by at least four affirmative votes of the City Council. These proposed amendments to the City’s purchasing ordinance would add and clarify policies and procedures for certain construction projects. The amendments would add Job Order Contracting (JOC) as a permissible project procurement method. JOC is procurement method typically used for minor or recurring tasks, such as maintenance, repairs, and renovations, which involve minimal design requirements. JOC is utilized to maximize efficiencies for and expedite the award of small, repetitive construction contracts. Additionally, the proposed amendments would establish uniform policies and procedures for Developer-Performed Public Works, exempt the City’s purchasing system from the provisions of the California Public Contract Code, and provide for automatic indexed adjustments to dollar thresholds within the ordinance. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the City of Chula Vista Printed on 3/1/2018Page 1 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 203 File#:17-0464, Item#: 6. The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION 2.56.010 (Centralized Purchasing System Established). State law provides that the Public Contract Code is applicable to Charter Cities in the absence of an express exemption or a city charter provision or ordinance that conflicts with the relevant provisions of the Public Contract Code. This proposed amendment would expressly exempt the City’s purchasing system from the requirements of the Public Contract Code and thereby clarify our “local control” over such policies. Staff recommends adopting this ordinance amendment. 2.56.145 (Job Order Contracts). This proposed amendment would add job order contracting (JOC) as a permissible procurement method for certain construction projects. JOC is procurement method designed to expedite the process of awarding small and repetitive construction contracts for minor or recurring tasks, such as repairs, maintenance, or renovations, which involve minimal design requirements. JOC master contracts are competitively bid, fixed price, on-call, as-needed contracts that are based on specific unit pricing contained in unit price books. Unit price books set forth detailed repair and construction items of work, including descriptions, specifications, units of measurement, and individual unit prices for each item of work. JOCs are typically awarded on multi-year basis with a specified maximum amount for the entire contract term. After award of a master JOC contract, a construction project is completed through use of individual task orders. The initial step is the preparation of a task order scope of work for which a contractor develops a fixed price, lump sum cost proposal based on already established competitively bid unit prices. After an accurate and complete cost proposal is received, the City can issue a notice to proceed to complete the task order. The primary advantage of JOC is reduced procurement time. JOC eliminates the time and expense of completing the normal design-bid-construct cycle for each project. JOC speeds up the time that a contractor can begin work by minimizing unnecessary levels of engineering, design, and contract procurement time. This enhances the value, efficiency, and flexibility for delivery of these types of construction projects. Another advantage of JOC is potential cost savings. JOC can provide for costs savings in the procurement, design, construction, and post-construction stages. A typical procurement process City of Chula Vista Printed on 3/1/2018Page 2 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 204 File#:17-0464, Item#: 6. procurement, design, construction, and post-construction stages. A typical procurement process includes a number of steps for awarding individual construction contracts (preparation of bid documents; advertising/posting bid; pre-bid meetings; preparing responses to bidder questions; preparing addenda; opening bids; determining apparent low bidder; responding to protests; collecting bonds, insurance, and other related documents; and issuing a notice to proceed). For JOC, only the master contract follows this process. Once the JOC contract is awarded, task orders can be issued under the master JOC, and the lengthy bid process is significantly streamlined. A traditional design-bid-build process requires professional design services to prepare bid documents and specifications. Under JOC, these costs are significantly reduced because JOC simply requires a detailed scope of work, which is substantially less than a full set of bid documents. Cost savings are potentially further found in reduced construction costs as JOC bidders typically offer volume discounts because they are bidding on a larger volume contract rather than one small project and contractors do not include contingencies in their bids. Further, JOC is intended to be collaborative in order to reduce change orders and claims. The proposed amendments would establish policies and procedures for JOC procurement, as well as guidelines for the award, use, and evaluation of JOC. The JOC amendments require competitive bidding, advertising with detailed bids and technical specifications, maximum 4-year terms, maximum contract and task order amounts of $2,000,000 (including all change orders), and require staff to review and report on the whether the JOC procurement method has demonstrable benefits for the City. Pursuant to Section 1010 of the City Charter, the Council is authorized to approve the JOC as an exception to the approval and competitive bid process if determined to be in the best overall interest of the City by at least four affirmative votes of the City Council. Staff recommends adopting this ordinance amendment. 2.56.160 (Contracts On Public Works). B. This proposed amendment would correct a current clerical error regarding dollar thresholds for the Purchasing Agent as public works awarding authority from “$100,00” to “$100,000”. H. This proposed amendment would adopt uniform City policies and practices with regard to Developer-Performed Public Works (DPPWs). DPPWs are public works performed by private developers in connection with private projects that are subsequently dedicated to, accepted by, or acquired by the City. DPPWs are common in Chula Vista, and other jurisdictions, in order to allow private developers to perform public works in connection with private projects in order to maximize efficiencies and the value of public and private resources, while also allocating the risk of the performance of such works to private developers. The amendments would establish uniform City-wide policies and procedures for DPPWs to ensure appropriate safe guards are in place to protect the public interest. The amendments would implement policies and procedures regarding permissible procurement and contracting methods, requirements for bid and award, requirements for construction and acceptance by the City, as well as the required procedures for the implementation and waiver of DPPW City of Chula Vista Printed on 3/1/2018Page 3 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 205 File#:17-0464, Item#: 6. City, as well as the required procedures for the implementation and waiver of DPPW requirements under the code. The amendments require a developer to obtain the City’s authorization prior to proceeding with a DPPW. In accordance with the dollar thresholds for other public works, DPPWs with an estimated maximum contract value of $2,000,000 or less, require approval from the City Manager, or designee. DPPWs with an estimated maximum contract value of more than $2,000,000 require approval by the City Council. The amendments define four categories of change orders that require advance City approval. The categories are as follows: 1. Change orders that require additional payment by the City (regardless of funding mechanism) toward construction costs. This is a common category of change order, with several potential causes. Examples include expanding the size of a facility, using a more expensive product, and unforeseen site conditions. 2. Change orders that result in additional ongoing maintenance or overhead costs to the City. For example, replacing a planned open turf area with a splashpad or other water feature at a park would result in significant additional ongoing maintenance costs to the City. 3. Change orders that result in a material delay in project completion. 4. Change orders that result in a material modification to the design or construction. This category of change order includes shifting budgeted dollars between categories, such as offsetting a cost overrun in roadway construction by reducing planned landscaping. In addition, this category would also include material modifications to the original project scope (regardless of funding and timing concerns). For change order requests that do not fall into any of the above categories, the City’s advance approval will not be required, and the changed order will be managed administratively by the Developer. For those change order requests that do fall into one or more of the above categories, advance approval of the City will be required. The amendments also provide for waiver of provisions of the code, both prior and subsequent to award of a DPPW. Waiver of certain requirements of the code may be advisable or desirable for certain projects. For example, certain dollar thresholds, limitations, and/or City approvals may not be necessary or applicable to a certain project and therefore compliance therewith would not be cost efficient or otherwise serve the public interest. All waivers of provisions of the code will require a finding that such waiver is in the best interest of the public and that appropriate safe guards are in place to protect the public interest. Waivers for projects with an original project award amount of more than $2,000,000, will be required to be approved by resolution of the City Council. Waivers for projects with an original project award amount of $2,000,000 or less may be approved by the City Manager, or designee. Additionally, the amendments provide for the City Council to authorize a waiver of provisions of City of Chula Vista Printed on 3/1/2018Page 4 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 206 File#:17-0464, Item#: 6. Additionally, the amendments provide for the City Council to authorize a waiver of provisions of the code for a “Special Purpose Project”, which is defined as a Developer-Performed Public Work that is intended to be owned, leased, and/or operated by a party other than the City for a period of no less than ten (10) years after completion. This amendment is intended to allow for waivers for very limited project types, typically large-scale, multiagency, or other unique projects, where the City Council makes specific findings that doing so is in the best interest of the public and appropriate safe guards are in place to protect the public interest. Pursuant to Section 1010 of the City Charter, the Council is authorized to approve exceptions to the approval and competitive bid processes described in the Charter if determined to be in the best overall interest of the City by at least four affirmative votes of the City Council. Staff recommends adopting the above ordinance amendments. 2.56.170 (Automatic Indexed Adjustments). This proposed amendment would apply automatic indexed adjustments to the dollar limits in section 2.56.145 (Job Order Contracts) in the same manner and to the same extent as those adjustments for section 2.56.140 (Cooperative Purchasing) and section 2.56.160 (Public Works). Staff recommends adopting this ordinance amendment. 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 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 JOC Program supports the City’s Strategic Plan of Operational Excellence by providing fast and timely delivery of projects; lowering overhead cost of construction procurement and delivery; development of a partner relationship based on work performance; reduction of legal fees and reduced program management fees; transparency with itemized unit pricing; elimination of change orders (contractor initiated change orders should not occur in a properly functioning program); and, standard pricing and specification utilizing a published unit price book (UPB), resulting in efficient and effective estimating, design, and fixed-price construction. CURRENT YEAR FISCAL IMPACT The primary advantage of Job Order Costing (JOC) is reduced procurement time which leads to greater efficiencies. JOC can also provide for costs savings in the procurement, design, construction, and post-construction stages. City of Chula Vista Printed on 3/1/2018Page 5 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 207 File#:17-0464, Item#: 6. ONGOING FISCAL IMPACT There are no projected budgetary impacts related to this item but there are potential operational efficiencies resulting from JOC. ATTACHMENTS Draft Ordinance Staff Contact:Rick Hopkins, Director of Public Works City of Chula Vista Printed on 3/1/2018Page 6 of 6 powered by Legistar™2018-03-06 Agenda Packet Page 208 US-DOCS\98341287.6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO ADD JOB ORDER CONTRACTING (JOC) AS A CITY PROCUREMENT METHOD AND ESTABLISH RELATED POLICIES AND PROCEDURES, ESTABLISH UNIFORM POLICIES AND PROCEDURES FOR DEVELOPER-PERFORMED PUBLIC WORKS, EXEMPT THE CITY’S PURCHASING SYSTEM FROM THE REQUIREMENTS OF THE CALIFORNIA PUBLIC CONTRACT CODE, AND PROVIDE FOR AUTOMATIC INDEXED ADJUSTMENTS TO JOC DOLLAR THRESHOLDS WHEREAS, on November 4, 2014, Chula Vista voters approved modifications to City Charter Sections 1009, 1010, and 1011 (Measure A) which, among other things, delegated authority to the City Council to establish procurement policies and procedures for awarding City contracts; and WHEREAS, job order contracts (JOCs) are a procurement method designed to streamline the process of awarding small, repetitive construction contracts for minor or recurring tasks, such as repair or renovations that involve minimum design requirements; and WHEREAS, staff recommends establishing JOC procurement policies and procedures in order to enhance the value, efficiency, and flexibility of the City’s procurement practices; and WHEREAS, the currently proposed additions and amendments to the purchasing ordinance are consistent with the above-referenced Charter Amendment and preserve appropriate checks and balances; and 2018-03-06 Agenda Packet Page 209 Ordinance Page 2 WHEREAS, in order to maintain transparency, staff will periodically submit to the City Council reports evaluating the advantages and disadvantages of the City’s use of JOCs; and WHEREAS, staff recommends periodically increasing the monetary limits for JOCs based on the Engineering News Record (ENR) Construction Index in the same manner and to the same extent as public works contracts and cooperative purchasing agreements under the City’s current purchasing ordinance; and WHEREAS, it is common practice in the City of Chula Vista, and elsewhere, to have private developers construct public works related to or required in connection with private projects in order for project components to be constructed in a coordinated and efficient manner that maximizes the value of both public and private resources, and allocates risks of performance of the public works to developers, as appropriate. Accordingly, certain City public works have been and will continue to be constructed by or at the direction of developers and property-owners and subsequently dedicated back to or acquired by the City of Chula Vista (“Developer-Performed Public Works”) in connection with the completion of otherwise private development projects; and WHEREAS, it is desirable to amend the City’s purchasing ordinance to codify the City’s policies and procedures relative to Developer-Performed Public Works in order to allow for the completion of public works done in conjunction with private works while still providing appropriate safe guards to protect the public interest. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A.Chapter 2, Section 2.56.010 (Centralized purchasing system established) is amended to read as follows: Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system for City departments, offices, and agencies, in order to (1) establish procedures for the purchase, lease or other acquisition of services, supplies and equipment, at the lowest possible cost commensurate with quality 2018-03-06 Agenda Packet Page 210 Ordinance Page 3 needed, (2) exercise positive financial control over purchases, (3) clearly define authority for the purchasing function, and (4) assure the quality of purchases. Pursuant to section 1100.7 of the Public Contract Code and the City Charter, except as provided by ordinance or as required by law, the City of Chula Vista is exempt from the requirements of the California Public Contract Code. B.Chapter 2 of the Chula Vista Municipal Code is amended to add section 2.56.145 to read as follows: 2.56.145 Job Order Contracts A. In General. City of Chula Vista Charter Sections 1009, 1010, and 1011 (Measure A), among other things, delegate authority to the City Council to establish procurement policies and procedures for awarding City construction contracts. The purpose of this section is to add job order contracting procurement policies and procedures and to provide definitions and guidelines for the award, use, and evaluation of Job Order Contracts. B. Definitions. “Job Order Contract” means a construction contract for minor or recurring construction tasks, including repairs, renovations, and alterations, with minimal design requirements, at a fixed price and for an indefinite quantity which are awarded on a unit price basis for all necessary labor, materials, and equipment. “Task Order” means an authorization to perform construction work under a Job Order Contract. C. Implementation. 1. Job Order Contracts. a. Competitive Process. Job Order Contracts shall be procured through a competitive process that the Purchasing Agent determines to be consistent with good procurement practices. b. Term. Job Order Contracts shall have a term of no longer than four (4) years. Job Order Contracts may have a duration of more than four (4) years only if necessary to complete outstanding Task Orders issued during the four (4) year term, or as otherwise approved by the City Council. 2018-03-06 Agenda Packet Page 211 Ordinance Page 4 c. Specifications. The advertisement for bids and specifications shall include line item unit prices and detailed technical specifications for each construction task to be performed under the Job Order Contract. d. Contractor Adjustment. Contractors submitting bids on a Job Order Contract shall state in their bids an adjustment on a percentage basis either increasing or decreasing the preset unit prices for all construction tasks in the bid documents. e. Awarding Authority. The Awarding Authority for Job Order Contracts shall be as follows: Purchasing Agent for contracts with a Maximum Contract Amount of $2,000,000 or less; City Council for contracts with a Maximum Contract Amount of more than $2,000,000 (“Job Order Contract Awarding Authority”). f. Periodic Review. The City Manager, or his designee, shall monitor the City’s use of Job Order Contracts and provide periodic informational reports regarding the observed advantages and disadvantages of the use of Job Order Contracts. 2. Task Order(s). a. Scope. Each Task Order shall include a detailed scope of work and time certain for completion of the work. b. Task Order Price. The Task Order price shall be no more than the sum of the applicable unit prices and the contractor’s bid adjustment factor. The Task Order price shall not exceed $2,000,000 (“Maximum Task Order Amount”). c. No Subdivision of Work. City staff shall not subdivide work that logically should be performed as a single Task Order into multiple Task Orders for purposes of avoiding the Task Order limits in this section. 2018-03-06 Agenda Packet Page 212 Ordinance Page 5 d. Awarding Authority. The Awarding Authority for Task Orders shall be the Purchasing Agent (“Task Order Awarding Authority”). e. Change Orders. The Task Order Awarding Authority shall have the authority to approve change orders for a Task Order up to the Maximum Task Order Amount. The City Council shall have sole authority to approve change orders that exceed the Maximum Task Order Amount. f. Rejection of Task Order Proposals. The Task Order Awarding Authority may reject any and all Task Order proposals, waive minor defects in any Task Order proposal, or complete the scope of work contained in a Task Order proposal by means of other authorized procurement methods, if the Task Order Contract Awarding Authority determines that such action is necessary or appropriate for the benefit of the public. C. Chapter 2, Section 2.56.160.B, of the Chula Vista Municipal Code is amended to read as follows: B. Contract Awarding Authority. Notwithstanding subsection (A) of this section, the contract awarding authority for public works contracts shall be as follows: maximum contract amount of $100,000 or less: Purchasing Agent; maximum contract amount over $100,000 and up to $250,000: City Manager; maximum contract amount in excess of $250,000: City Council (“public works awarding authority”). D. Chapter 2 of the Chula Vista Municipal Code is amended to add sub- section 2.56.160.H to read as follows: H. Developer-Performed Public Works. This section shall apply to Public Works (as defined by the Charter of the City of Chula Vista, as amended) that are to be constructed, or designed and constructed, by or at the direction of a developer or private property-owner and subsequently accepted by, dedicated to, or acquired by the City of Chula Vista (“Developer-Performed Public Work”). 1. Procurement. A Developer-Performed Public Work shall be procured pursuant to one of the following project contracting methods: 2018-03-06 Agenda Packet Page 213 Ordinance Page 6 a. Competitive Bid or Solicitation. A developer may award a contract for a Developer-Performed Public Work by competitive bid or solicitation in compliance with all applicable requirements of this section. b. Sole Source. A developer may award a contract for a Developer- Performed Public Work on a sole source basis where, in addition to compliance with all applicable requirements of this section: i. City makes findings that an award of a sole source contract is in the best interest of the public because of the particular (i) performance capabilities of the proposed entity or contractor, (ii) project characteristics, (iii) manufacturing processes, (iv) compatibility requirements, and/or (v) market or other conditions/circumstances that render the award of a sole source contract to be in the best interest of the public; and ii. The entity or contractor awarded a contract for a Developer- Performed Public Work competitively bids all subcontracts for the Developer-Performed Public Work. c. Developer as Design-Build Entity or Prime Contractor. A developer may act as a design-build entity or prime contractor for a Developer-Performed Public Work where, in addition to compliance with all applicable requirements of this section: i. Developer provides written notice to City of its intent to act as a design-build entity or prime contractor and provides information demonstrating its competence and qualifications to perform the Developer-Performed Public Work; ii. City determines, in City’s sole discretion, that the developer is competent and qualified to complete the Developer- Performed Public Work and authorizes the developer to proceed with the Developer-Performed Public Work; and 2018-03-06 Agenda Packet Page 214 Ordinance Page 7 iii. Developer competitively bids all subcontracts for the Developer-Performed Public Work. 2. Bid and Award. a. Authorization To Proceed. If a Developer-Performed Public Work is not otherwise authorized by means of an approved agreement with the City or other approved action of the City, a developer shall be required to: (i) obtain prior written approval of the City Manager, or designee, to proceed with a Developer-Performed Public Work with an estimated maximum contract value of $2,000,000 or less; or (ii) obtain approval of the City Council, by resolution, to proceed with a Developer-Performed Public work with an estimated maximum contract value of more than $2,000,000. Failure to comply with the procedures in this section may, in City’s discretion, result in a waiver of all claims for payments by City, bond drawdowns, or Development Credits (as hereinafter defined) to Developer in connection with a Developer- Performed Public Work. b. Bid and Contract Documents. Developer shall prepare, or cause to be prepared, bid and contract documents for a Developer- Performed Public Work (except with respect to prime contracts awarded pursuant to section 2.56.160.H.1.b) in accordance with all local codes, City design guidelines, and project-specific design guidelines, subject to City approval. The bid and contract documents shall include, without limitation, detailed plans and technical specifications, bonding requirements, insurance requirements, prevailing wage requirements, mandates for timely completion, and remedies for untimely completion. c. Competitive Solicitation of Bids. Developer shall solicit, or cause to be solicited, sealed competitive bids for prime contracts (except for prime contracts awarded pursuant to section 2.56.160.H.1.b) and subcontracts for a Developer-Performed Public Work on a guaranteed maximum price, lump sum price, or per unit, line item basis and in accordance with industry standard procurement practices as determined by City. A developer may combine into 2018-03-06 Agenda Packet Page 215 Ordinance Page 8 one bid solicitation the construction of a Developer-Performed Public Work and other development work, but the bid documents must clearly separate the Developer-Performed Public Work from other development work to be performed, in a manner and form as approved by City. Any consultant retained by a developer to assist in the preparation of bid or contract documents (including without limitation preliminary/concept designs), or to assist in the solicitation of bids for a Developer-Performed Public Work, shall not be eligible to submit a bid for or be awarded a subsequent contract for a Developer-Performed Public Work. d. Award of Contract. Developer shall award contracts (except for contracts awarded pursuant to section 2.56.160.H.1.b), and shall, or shall cause the applicable entity or contractor to award subcontracts for a Developer-Performed Public Work to the lowest responsive and responsible bidder, or the bidder that is determined by developer to be the “best qualified contractor”, subject to City approval. When determining the “best qualified contractor”, developer shall consider, without limitation, a bidder’s demonstrated competence, qualifications, ability to achieve timely completion, capacity, skill, compliance with bid documents, costs, and other relevant criteria. If a developer awards a prime contract or subcontract to a bidder other than the lowest responsive and responsible bidder for an item or unit of work, than all payments, reimbursements, and credits against developer impact fees or other developer fees or obligations (“Development Credits”) shall not exceed the amount of the lowest responsive bid for that item or unit of work. This not-to-exceed limitation may be waived where: i. The amount of the bid does not exceed the engineer’s estimate or other approved estimate for the Developer- Performed Public Work by more than ten percent (10%); and ii. City approves the waiver in accordance with section 2.56.160.H.6. e. Design-Build Contracts. Where a design-build contract is utilized to complete a Developer-Performed Public Work, a developer is 2018-03-06 Agenda Packet Page 216 Ordinance Page 9 not required to comply with sections 2.56.160.H.2.b or 2.56.160.H.2.c above, provided that developer complies with: i. all remaining requirements of 2.56.160.H; ii. the City’s design-build procurement requirements set forth in Chula Vista Municipal Code section 2.57.030; iii. the City’s qualification and selection process set forth in Chula Vista Municipal Code section 2.57.040; and iv. all other applicable City policies, procedures, and standards for design-build projects. 3. Construction and Acceptance. a. Payments. City shall have the authority to audit and determine the acceptable amounts of all payments by City, bond drawdowns, and/or Development Credits for a Developer-Performed Public Work. b. Change Orders. Any change to the contract documents or improvements for a Developer-Performed Public Work (“Change Order”) shall be subject to City’s prior written approval, except for Change Orders that: (i) result in no additional payment by City, bond drawdown, or Development Credits to Developer; (ii) result in no additional maintenance or overhead costs to the City; (iii) result in no material delay to the completion date; and (iv) result in no material modifications to the design or construction. City shall have the sole discretion to determine whether (i), (ii), (iii), and (iv) above have been satisfied. All Change Order requests shall be submitted in writing in advance of performing any Change Order work or incurring any increased costs, and substantiated with supporting documentation justifying the request. Cumulative Change Orders resulting in a total project amount of less than $2,000,000 shall be considered by and subject to approval of the City Manager, or designee. Cumulative Change Orders resulting in a total project amount of $2,000,000 or more shall be considered by and subject to approval of the City Council. Failure to comply with the procedures in this section may, in City’s discretion, result in a waiver of all claims for additional payments by City, bond 2018-03-06 Agenda Packet Page 217 Ordinance Page 10 drawdowns, or Development Credits to Developer in connection with a Change Order. c. Post-Construction. City shall have the discretion to accept a Developer-Performed Public Work based on City’s determination of compliance with local codes, City’s general design and construction standards, and project-specific design and construction standards. City shall have the discretion to release all bonds for a Developer-Performed Public Work. 4. Other Obligations. Nothing in this section shall limit or relieve a developer of other obligations or restrictions applicable to the performance of a Developer-Performed Public Work, including, without limitation obligations or restrictions required by a funding source for the Developer-Performed Public Work. 5. Agreement. Where otherwise required or advisable, in City’s sole discretion, City may require a developer to enter into an agreement prior to commencement of a Developer-Performed Public Work to implement the Developer-Performed Public Work in accordance with the terms of this section and/or in accordance with other obligations or restrictions applicable to the Developer-Performed Public Work. Such agreement may: (i) clarify or modify the application of and/or waiver of the requirements of this section to a Developer-Performed Public Work, and/or (ii) clarify, establish, or modify the procedures to be undertaken by developer and City in connection with this section (including but not limited to the procedures and approvals described in section 2.56.160.H.3). City Council’s approval of an agreement that clarifies and establishes such procedures constitutes the City Council’s determination and finding that such procedures satisfy all applicable requirements of this section 2.56.160.H. 6. Waiver. The requirements of this section may be waived, in whole or in part, solely as follows: a. For Developer-Performed Public Works with an original project award amount of more than $2,000,000, by resolution of the City Council making findings that (i) the waiver is in the best interest of 2018-03-06 Agenda Packet Page 218 Ordinance Page 11 the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safe guards are in place to protect the public interest. b. For Developer-Performed Public Works with an original project award amount of $2,000,000 or less, by written determination of the City Manager, or designee, that (i) the waiver is in the best interest of the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safe guards are in place to protect the public interest. c. For post-award waiver requests, if the estimated total project amount, including all Change Orders, is more than $2,000,000, post-award waiver requests shall be considered by and subject to approval of the City Council and require the findings stated in 2.56.160.H.6.a . If the estimated total project amount, including all Change Orders, is $2,000,000 or less, post-award waiver requests shall be considered by and subject to the approval of the City Manager, or designee, and require the findings stated in 2.56.160.H.6.b. Nothing in this section shall subject previously approved waivers to further consideration and/or approval. d. For a “Special Purpose Project”, by resolution of the City Council making findings that: (i) the waiver is in the best interest of the public after consideration of factors including, without limitation, the total project costs, City’s share of project costs, time for project completion, public benefits of the project, and other relevant criteria and circumstances, and (ii) appropriate safe guards are in place to protect the public interest. For purposes of this section, “Special Purpose Project” means a Developer-Performed Public Work that is intended to be owned, leased, and/or operated by a party or parties other than the City for a period of no less than ten (10) years after completion of the Developer-Performed Public Work. 2018-03-06 Agenda Packet Page 219 Ordinance Page 12 E.Chapter 2, Section 2.56.170 of the Chula Vista Municipal Code is amended to read as follows: 2.56.170 Automatic Indexed Adjustments. The limits set forth in Sections 2.56.140, 2.56.145, and 2.56.160 shall automatically increase annually based on the Engineering News Record (ENR) Construction Index. These limits will increase by administrative action of the City Manager, starting on October 1, 2018, and again on each October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication 2018-03-06 Agenda Packet Page 220 Ordinance Page 13 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by ____________________________ ______________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2018-03-06 Agenda Packet Page 221 US-DOCS\98341287.6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO ADD JOB ORDER CONTRACTING (JOC) AS A CITY PROCUREMENT METHOD AND ESTABLISH RELATED POLICIES AND PROCEDURES, ESTABLISH UNIFORM POLICIES AND PROCEDURES FOR DEVELOPER-PERFORMED PUBLIC WORKS, EXEMPT THE CITY’S PURCHASING SYSTEM FROM THE REQUIREMENTS OF THE CALIFORNIA PUBLIC CONTRACT CODE, AND PROVIDE FOR AUTOMATIC INDEXED ADJUSTMENTS TO JOC DOLLAR THRESHOLDS WHEREAS, on November 4, 2014, Chula Vista voters approved modifications to City Charter Sections 1009, 1010, and 1011 (Measure A) which, among other things, delegated authority to the City Council to establish procurement policies and procedures for awarding City contracts; and WHEREAS, job order contracts (JOCs) are a procurement method designed to streamline the process of awarding small, repetitive construction contracts for minor or recurring tasks, such as repair or renovations that involve minimum design requirements; and WHEREAS, staff recommends establishing JOC procurement policies and procedures in order to enhance the value, efficiency, and flexibility of the City’s procurement practices; and WHEREAS, the currently proposed additions and amendments to the purchasing ordinance are consistent with the above-referenced Charter Amendment and preserve appropriate checks and balances; and 2018-03-06 Agenda Packet Page 222 Ordinance Page 2 WHEREAS, in order to maintain transparency, staff will periodically submit to the City Council reports evaluating the advantages and disadvantages of the City’s use of JOCs; and WHEREAS, staff recommends periodically increasing the monetary limits for JOCs based on the Engineering News Record (ENR) Construction Index in the same manner and to the same extent as public works contracts and cooperative purchasing agreements under the City’s current purchasing ordinance; and WHEREAS, it is common practice in the City of Chula Vista, and elsewhere, to have private developers construct public works related to or required in connection with private projects in order for project components to be constructed in a coordinated and efficient manner that maximizes the value of both public and private resources, and allocates risks of performance of the public works to developers, as appropriate. Accordingly, certain City public works have been and will continue to be constructed by or at the direction of developers and property-owners and subsequently dedicated back to or acquired by the City of Chula Vista (“Developer-Performed Public Works”) in connection with the completion of otherwise private development projects; and WHEREAS, it is desirable to amend the City’s purchasing ordinance to codify the City’s policies and procedures relative to Developer-Performed Public Works in order to allow for the completion of public works done in conjunction with private works while still providing appropriate safe guards to protect the public interest. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A. Chapter 2, Section 2.56.010 (Centralized purchasing system established) is amended to read as follows: Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system for City departments, offices, and agencies, in order to (1) establish procedures for the purchase, lease or other acquisition of services, supplies and equipment, at the lowest possible cost commensurate with quality 2018-03-06 Agenda Packet Page 223 Ordinance Page 3 needed, (2) exercise positive financial control over purchases, (3) clearly define authority for the purchasing function, and (4) assure the quality of purchases. Pursuant to section 1100.7 of the Public Contract Code and the City Charter, except as provided by ordinance or as required by law, the City of Chula Vista is exempt from the requirements of the California Public Contract Code. B. Chapter 2 of the Chula Vista Municipal Code is amended to add section 2.56.145 to read as follows: 2.56.145 Job Order Contracts A. In General. City of Chula Vista Charter Sections 1009, 1010, and 1011 (Measure A), among other things, delegate authority to the City Council to establish procurement policies and procedures for awarding City construction contracts. The purpose of this section is to add job order contracting procurement policies and procedures and to provide definitions and guidelines for the award, use, and evaluation of Job Order Contracts. B. Definitions. “Job Order Contract” means a construction contract for minor or recurring construction tasks, including repairs, renovations, and alterations, with minimal design requirements, at a fixed price and for an indefinite quantity which are awarded on a unit price basis for all necessary labor, materials, and equipment. “Task Order” means an authorization to perform construction work under a Job Order Contract. C. Implementation. 1. Job Order Contracts. a. Competitive Process. Job Order Contracts shall be procured through a competitive process that the Purchasing Agent determines to be consistent with good procurement practices. b. Term. Job Order Contracts shall have a term of no longer than four (4) years. Job Order Contracts may have a duration of more than four (4) years only if necessary to complete outstanding Task Orders issued during the four (4) year term, or as otherwise approved by the City Council. 2018-03-06 Agenda Packet Page 224 Ordinance Page 4 c. Specifications. The advertisement for bids and specifications shall include line item unit prices and detailed technical specifications for each construction task to be performed under the Job Order Contract. d. Contractor Adjustment. Contractors submitting bids on a Job Order Contract shall state in their bids an adjustment on a percentage basis either increasing or decreasing the preset unit prices for all construction tasks in the bid documents. e. Awarding Authority. The Awarding Authority for Job Order Contracts shall be as follows: Purchasing Agent for contracts with a Maximum Contract Amount of $2,000,000 or less; City Council for contracts with a Maximum Contract Amount of more than $2,000,000 (“Job Order Contract Awarding Authority”). f. Periodic Review. The City Manager, or his designee, shall monitor the City’s use of Job Order Contracts and provide periodic informational reports regarding the observed advantages and disadvantages of the use of Job Order Contracts. 2. Task Order(s). a. Scope. Each Task Order shall include a detailed scope of work and time certain for completion of the work. b. Task Order Price. The Task Order price shall be no more than the sum of the applicable unit prices and the contractor’s bid adjustment factor. The Task Order price shall not exceed $2,000,000 (“Maximum Task Order Amount”). c. No Subdivision of Work. City staff shall not subdivide work that logically should be performed as a single Task Order into multiple Task Orders for purposes of avoiding the Task Order limits in this section. 2018-03-06 Agenda Packet Page 225 Ordinance Page 5 d. Awarding Authority. The Awarding Authority for Task Orders shall be the Purchasing Agent (“Task Order Awarding Authority”). e. Change Orders. The Task Order Awarding Authority shall have the authority to approve change orders for a Task Order up to the Maximum Task Order Amount. The City Council shall have sole authority to approve change orders that exceed the Maximum Task Order Amount. f. Rejection of Task Order Proposals. The Task Order Awarding Authority may reject any and all Task Order proposals, waive minor defects in any Task Order proposal, or complete the scope of work contained in a Task Order proposal by means of other authorized procurement methods, if the Task Order Contract Awarding Authority determines that such action is necessary or appropriate for the benefit of the public. C. Chapter 2, Section 2.56.160.B, of the Chula Vista Municipal Code is amended to read as follows: B. Contract Awarding Authority. Notwithstanding subsection (A) of this section, the contract awarding authority for public works contracts shall be as follow s: maximum contract amount of $100,000 or less: Purchasing Agent; maximum contract amount over $100,000 and up to $250,000: City Manager; maximum contract amount in excess of $250,000: City Council (“public works awarding authority”). D. Chapter 2 of the Chula Vista Municipal Code is amended to add sub- section 2.56.160.H to read as follows: H. Developer-Performed Public Works. This section shall apply to Public Works (as defined by the Charter of the City of Chula Vista, as amended) that are to be constructed, or designed and constructed, by or at the direction of a developer or private property-owner and subsequently accepted by, dedicated to, or acquired by the City of Chula Vista (“Developer-Performed Public Work”). 1. Procurement. A Developer-Performed Public Work shall be procured pursuant to one of the following project contracting methods: 2018-03-06 Agenda Packet Page 226 Ordinance Page 6 a. Competitive Bid or Solicitation. A developer may award a contract for a Developer-Performed Public Work by competitive bid or solicitation in compliance with all applicable requirements of this section. b. Sole Source. A developer may award a contract for a Developer- Performed Public Work on a sole source basis where, in addition to compliance with all applicable requirements of this section: i. City makes findings that an award of a sole source contract is in the best interest of the public because of the particular (i) performance capabilities of the proposed entity or contractor, (ii) project characteristics, (iii) manufacturing processes, (iv) compatibility requirements, and/or (v) market or other conditions/circumstances that render the award of a sole source contract to be in the best interest of the public ; and ii. The entity or contractor awarded a contract for a Developer- Performed Public Work competitively bids all subcontracts for the Developer-Performed Public Work. c. Developer as Design-Build Entity or Prime Contractor. A developer may act as a design-build entity or prime contractor for a Developer-Performed Public Work where, in addition to compliance with all applicable requirements of this section: i. Developer provides written notice to City of its intent to act as a design-build entity or prime contractor and provides information demonstrating its competence and qualifications to perform the Developer-Performed Public Work; ii. City determines, in City’s sole discretion, that the developer is competent and qualified to complete the Developer- Performed Public Work and authorizes the developer to proceed with the Developer-Performed Public Work; and 2018-03-06 Agenda Packet Page 227 Ordinance Page 7 iii. Developer competitively bids all subcontracts for the Developer-Performed Public Work. 2. Bid and Award. a. Authorization To Proceed. If a Developer-Performed Public Work is not otherwise authorized by means of an approved agreement with the City or other approved action of the City, a developer shall be required to: (i) obtain prior written approval of the City Manager, or designee, to proceed with a Developer-Performed Public Work with an estimated maximum contract value of $2,000,000 or less; or (ii) obtain approval of the City Council, by resolution, to proceed with a Developer-Performed Public work with an estimated maximum contract value of more than $2,000,000. Failure to comply with the procedures in this section may, in City’s discretion, result in a waiver of all claims for payments by City, bond drawdowns, or Development Credits (as hereinafter defined) to Developer in connection with a Developer- Performed Public Work. b. Bid and Contract Documents. Developer shall prepare, or cause to be prepared, bid and contract documents for a Developer- Performed Public Work (except with respect to prime contracts awarded pursuant to section 2.56.160.H.1.b) in accordance with all local codes, City design guidelines, and project-specific design guidelines, subject to City approval. The bid and contract documents shall include, without limitation, detailed plans and technical specifications, bonding requirements, insurance requirements, prevailing wage requirements, mandates for timely completion, and remedies for untimely completion. c. Competitive Solicitation of Bids. Developer shall solicit, or cause to be solicited, sealed competitive bids for prime contracts (except for prime contracts awarded pursuant to section 2.56.160.H.1.b) and subcontracts for a Developer-Performed Public Work on a guaranteed maximum price, lump sum price, or per unit, line item basis and in accordance with industry standard procurement practices as determined by City. A developer may combine into 2018-03-06 Agenda Packet Page 228 Ordinance Page 8 one bid solicitation the construction of a Developer-Performed Public Work and other development work, but the bid documents must clearly separate the Developer-Performed Public Work from other development work to be performed, in a manner and form as approved by City. Any consultant retained by a developer to assist in the preparation of bid or contract documents (including without limitation preliminary/concept designs), or to assist in the solicitation of bids for a Developer-Performed Public Work, shall not be eligible to submit a bid for or be awarded a subsequent contract for a Developer-Performed Public Work. d. Award of Contract. Developer shall award contracts (except for contracts awarded pursuant to section 2.56.160.H.1.b), and shall, or shall cause the applicable entity or contractor to award subcontracts for a Developer-Performed Public Work to the lowest responsive and responsible bidder, or the bidder that is determined by developer to be the “best qualified contractor”, subject to City approval. When determining the “best qualified contractor”, developer shall consider, without limitation, a bidder’s demonstrated competence, qualifications, ability to achieve timely completion, capacity, skill, compliance with bid documents, costs, and other relevant criteria. If a developer awards a prime contract or subcontract to a bidder other than the lowest responsive and responsible bidder for an item or unit of work, than all payments, reimbursements, and credits against developer impact fees or other developer fees or obligations (“Development Credits”) shall not exceed the amount of the lowest responsive bid for that item or unit of work. This not-to-exceed limitation may be waived where: i. The amount of the bid does not exceed the engineer’s estimate or other approved estimate for the Developer- Performed Public Work by more than ten percent (10%); and ii. City approves the waiver in accordance with section 2.56.160.H.6. e. Design-Build Contracts. Where a design-build contract is utilized to complete a Developer-Performed Public Work, a developer is 2018-03-06 Agenda Packet Page 229 Ordinance Page 9 not required to comply with sections 2.56.160.H.2.b or 2.56.160.H.2.c above, provided that developer complies with: i. all remaining requirements of 2.56.160.H; ii. the City’s design-build procurement requirements set forth in Chula Vista Municipal Code section 2.57.030; iii. the City’s qualification and selection process set forth in Chula Vista Municipal Code section 2.57.040; and iv. all other applicable City policies, procedures, and standards for design-build projects. 3. Construction and Acceptance. a. Payments. City shall have the authority to audit and determine the acceptable amounts of all payments by City, bond drawdowns, and/or Development Credits for a Developer-Performed Public Work. b. Change Orders. Any change to the contract documents or improvements for a Developer-Performed Public Work (“Change Order”) shall be subject to City’s prior written approval, except for Change Orders that: (i) result in no additional payment by City, bond drawdown, or Development Credits to Developer; (ii) result in no additional maintenance or overhead costs to the City; (iii) result in no material delay to the completion date; and (iv) result in no material modifications to the design or construction. City shall have the sole discretion to determine whether (i), (ii), (iii), and (iv) above have been satisfied. All Change Order requests shall be submitted in writing in advance of performing any Change Order work or incurring any increased costs, and substantiated with supporting documentation justifying the request. Cumulative Change Orders resulting in a total project amount of less than $2,000,000 shall be considered by and subject to approval of the City Manager, or designee. Cumulative Change Orders resulting in a total project amount of $2,000,000 or more shall be considered by and subject to approval of the City Council. Failure to comply with the procedures in this section may, in City’s discretion, result in a waiver of all claims for additional payments by City, bond 2018-03-06 Agenda Packet Page 230 Ordinance Page 10 drawdowns, or Development Credits to Developer in connection with a Change Order. c. Post-Construction. City shall have the discretion to accept a Developer-Performed Public Work based on City’s determination of compliance with local codes, City’s general design and construction standards, and project-specific design and construction standards. City shall have the discretion to release all bonds for a Developer-Performed Public Work. 4. Other Obligations. Nothing in this section shall limit or relieve a developer of other obligations or restrictions applicable to the performance of a Developer-Performed Public Work, including, without limitation obligations or restrictions required by a funding source for the Developer-Performed Public Work. 5. Agreement. Where otherwise required or advisable, in City’s sole discretion, City may require a developer to enter into an agreement prior to commencement of a Developer-Performed Public Work to implement the Developer-Performed Public Work in accordance with the terms of this section and/or in accordance with other obligations or restrictions applicable to the Developer-Performed Public Work. Such agreement may: (i) clarify or modify the application of and/or waiver of the requirements of this section to a Developer-Performed Public Work, and/or (ii) clarify, establish, or modify the procedures to be undertaken by developer and City in connection with this section (including but not limited to the procedures and approvals described in section 2.56.160.H.3). City Council’s approval of an agreement that clarifies and establishes such procedures constitutes the City Council’s determination and finding that such procedures satisfy all applicable requirements of this section 2.56.160.H. 6. Waiver. The requirements of this section may be waived, in whole or in part, solely as follows: a. For Developer-Performed Public Works with an original project award amount of more than $2,000,000, by resolution of the City Council making findings that (i) the waiver is in the best interest of 2018-03-06 Agenda Packet Page 231 Ordinance Page 11 the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safe guards are in place to protect the public interest. b. For Developer-Performed Public Works with an original project award amount of $2,000,000 or less, by written determination of the City Manager, or designee, that (i) the waiver is in the best interest of the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safe guards are in place to protect the public interest. c. For post-award waiver requests, if the estimated total project amount, including all Change Orders, is more than $2,000,000, post-award waiver requests shall be considered by and subject to approval of the City Council and require the findings stated in 2.56.160.H.6.a . If the estimated total project amount, including all Change Orders, is $2,000,000 or less, post-award waiver requests shall be considered by and subject to the approval of the City Manager, or designee, and require the findings stated in 2.56.160.H.6.b. Nothing in this section shall subject previously approved waivers to further consideration and/or approval. d. For a “Special Purpose Project”, by resolution of the City Council making findings that: (i) the waiver is in the best interest of the public after consideration of factors including, without limitation, the total project costs, City’s share of project costs, time for project completion, public benefits of the project, and other relevant criteria and circumstances, and (ii) appropriate safe guards are in place to protect the public interest. For purposes of this section, “Special Purpose Project” means a Developer-Performed Public Work that is intended to be owned, leased, and/or operated by a party or parties other than the City for a period of no less than ten (10) years after completion of the Developer-Performed Public Work. 2018-03-06 Agenda Packet Page 232 Ordinance Page 12 E. Chapter 2, Section 2.56.170 of the Chula Vista Municipal Code is amended to read as follows: 2.56.170 Automatic Indexed Adjustments. The limits set forth in Sections 2.56.140, 2.56.145, and 2.56.160 shall automatically increase annually based on the Engineering News Record (ENR) Construction Index. These limits will increase by administrative action of the City Manager, starting on October 1, 2018, and again on each October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication 2018-03-06 Agenda Packet Page 233 Ordinance Page 13 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by ____________________________ ______________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2018-03-06 Agenda Packet Page 234 City of Chula Vista Staff Report File#:18-0006, Item#: 7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1) NEW ELGIN CROSSWIND J SWEEPER FROM HAAKER EQUIPMENT COMPANY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 022014-FSC B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) NEW GAPVAX MC SERIES COMBINATION JET/VACUUM MACHINES MOUNTED TO HV513 INTERNATIONAL CHASSIS FROM NATIONAL AUTO FLEET GROUP, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 081716-NAF RECOMMENDED ACTION Council adopt the resolutions. SUMMARY On December 12, 2016 the City Council approved the Infrastructure, Facilities and Equipment Expenditure Plan that outlines how the Measure P funds are planned to be allocated over the 10-year time frame. The plan provides for the replacement of failing infrastructure that includes heavy-duty public service fleet vehicles. The City street sweeper (equipment #2451) and two combination jet/vacuum trucks (equipment #2907, # 2908) in the Storm Water section are among the failed City assets authorized for replacement. These two jet/vacuum trucks were disposed of in accordance with City protocol. Replacement of these units is critical to the Storm Water section’s ability to perform necessary storm drain cleaning and maintenance procedures. The sweeper was scheduled to be replaced in 2013 and currently experiences excessive downtime for various mechanical systems failures due to age. The replacement of these failed and failing vehicles will provide reliable service to the residents of Chula Vista and decreased operational costs related repairs. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the City to participate in cooperative bids with other government agencies for the purchase of materials of common usage, provided that the Purchasing Agent determines that the competitive process used for the cooperative bid was consistent with good purchasing practices. 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 City of Chula Vista Printed on 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 235 File#:18-0006, Item#: 7. 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 The City Council approved the Infrastructure, Facilities and Equipment Expenditure Plan that outlines how the Measure P funds are planned to be allocated over the 10-year time frame. The plan provides for the replacement of failing infrastructure that includes heavy-duty public service fleet vehicles. The City street sweeper (equipment #2451) and two combination jet/vacuum trucks (equipment #2907, # 2908) in the Storm Water section are among the failed City assets authorized for replacement. These two jet/vacuum trucks were disposed of in accordance with City protocol. Replacement of these units is critical to the Storm Water section’s ability to perform necessary storm drain cleaning and maintenance procedures. The sweeper was scheduled to be replaced in 2013 and currently experiences excessive downtime for various mechanical systems failures due to age. The replacement of these failed and failing vehicles will provide reliable service to the residents of Chula Vista and decreased operational costs related repairs. Due to the unique nature of this equipment, Fleet Operations staff and staff from the operating sections worked in collaboration to conduct research into the types of equipment available in the industry, and evaluated each prospective piece of equipment for its functionality and suitability for its intended purpose. Staff determined that the street sweeping equipment manufactured by Elgin, best meets the needs of the Streets section. This unit has an eight cubic yard hopper that will permit greater flexibility and efficiency in operations. The sweeper being replaced, equipment #2451, will be removed from the fleet and disposed of in accordance with City protocol when the replacement unit is commissioned. The combination jet/vacuum equipment manufactured by GapVax/International, best meets the needs of the Storm Water section. The GapVax/International is a standardized specification that has been purchased most recently by the City and comprise the majority of the fleet of combination jet/vacuum trucks. The benefits associated with uniformity of heavy duty specialized equipment includes efficiencies in operation, maintenance and repair. As a member of the National Joint Powers Alliance the City of Chula Vista has an opportunity to benefit from cooperative contract purchasing that leverages the national purchasing power of more than 50,000 member agencies. As a municipal national contracting agency, National Joint Powers Alliance establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Purchasing staff concurs in this assessment. 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 18705.2(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, City of Chula Vista Printed on 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 236 File#:18-0006, Item#: 7. et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goal of providing Healthy Communities, as having service vehicles in good working condition allows staff to maintain and operate community and neighborhood facilities. CURRENT YEAR FISCAL IMPACT The total cost to replace one (1) New Elgin Crosswind J Sweeper ($267,616) and to replace two (2) combination jet/vacuum trucks ($1,006,080) is $1,273,696: Funding for this purchase is included in the Fiscal Year 2017-18 Measure P Sales Tax Fund allocation. ONGOING FISCAL IMPACT As these are replacement vehicles, maintenance costs are included in the current fiscal year budget. There is no increase in ongoing maintenance and operating costs ATTACHMENTS 1. Resolution A 2. Resolution B Staff Contact: Steven Knapp, Fleet Manager, Public Works City of Chula Vista Printed on 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 237 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1) NEW ELGIN CROSSWIND J SWEEPER FROM HAAKER EQUIPMENT COMPANY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 022014-FSC WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City of Chula Vista to purchase equipment through a cooperative purchasing agreement with a joint exercise of powers authority where said equipment is purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices; and WHEREAS, the Measure P Expenditure Plan provides for the replacement of failing infrastructure, facilities and equipment; and WHEREAS, of the vehicles and equipment identified for Measure P replacement there are heavy duty specialty City vehicles that include street sweepers; and WHEREAS, equipment number 2451, a 2004 Isuzu NQR/Elgin Crosswind Fury Sweeper is authorized for replacement in Measure P vehicle replacement plan; and WHEREAS, the City of Chula Vista is committed to providing the residents of Chula Vista with well-maintained City streets; and WHEREAS, the City of Chula Vista is committed to reducing operational and maintenance costs within Fleet Operations; and WHEREAS, the City of Chula Vista is a member of the National Joint Powers Alliance that leverages the national purchasing power of more than 50,000 member agencies; and WHEREAS, the National Joint Powers Alliance has awarded Haaker Equipment Company contract number 022014-FSC for sewer vacuum, hydro-excavation, and/or street sweeper equipment with related accessories and supplies, in accordance with Purchasing Rules and Regulations; and WHEREAS, the Purchasing Agent has determined the proposed purchase of one (1) Elgin Crosswind J Sweeper pursuant to National Joint Powers Alliance contract number 022014- FSC to be consistent with good purchasing practices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the purchase of one (1) Elgin Crosswind J Sweeper from Haaker Equipment Company for $267,616 from the Measure P Sales Tax Fund in accordance with National Joint Powers Alliance contract number 022014-FSC. 2018-03-06 Agenda Packet Page 238 Resolution No. Page 2 Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2018-03-06 Agenda Packet Page 239 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) NEW GAPVAX MC SERIES COMBINATION JET/VACUUM MACHINES MOUNTED TO HV513 INTERNATIONAL CHASSIS FROM NATIONAL AUTO FLEET GROUP, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS ALLIANCE CONTRACT NUMBER 081716-NAF WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City of Chula Vista to purchase equipment through a cooperative purchasing agreement with a joint exercise of powers authority where said equipment is purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices; and WHEREAS, the Measure P Expenditure Plan provides for the replacement of failing infrastructure, facilities and equipment; and WHEREAS, of the vehicles and equipment identified for Measure P replacement there are heavy duty specialty City vehicles that include jet/vacuum machines and related equipment; and WHEREAS, equipment number 2907, a 2003 International 7400/Vactor Sewer/Jetter and equipment number 2908, a 2004 International 7400/Vactor Sewer/Jetter are authorized for replacement in Measure P vehicle replacement plan; and WHEREAS, the City of Chula Vista is committed to providing the residents of Chula Vista with well-maintained storm drains and related services; and WHEREAS, the City of Chula Vista is committed to reducing operational and maintenance costs within Fleet Operations; and WHEREAS, the City of Chula Vista is a member of the National Joint Powers Alliance that leverages the national purchasing power of more than 50,000 member agencies; and WHEREAS, the National Joint Powers Alliance has awarded National Auto Fleet Group contract number 081716-NAF for Class 6, 7, 8 Chassis with Related Equipment, Accessories, and Services, in accordance with Purchasing Rules and Regulations; and WHEREAS, the Purchasing Agent has determined the potential purchase of two (2) new GapVax MC Series Combination Jet/Vacuum machines mounted to HV513 International chassis pursuant to National Joint Powers Alliance contract number 081716-NAF to be consistent with good purchasing practices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the purchase of two (2) new GapVax MC Series Combination Jet/Vacuum machines mounted to HV513 International chassis from National Auto Fleet Group for 2018-03-06 Agenda Packet Page 240 Resolution No. Page 2 $1,006,080 from the Measure P Sales Tax Fund in accordance with National Joint Powers Alliance contract number 081716-NAF. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2018-03-06 Agenda Packet Page 241 City of Chula Vista Staff Report File#:18-0038, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR THE SMART GROWTH INCENTIVE PROGRAM - CYCLE 4 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PHASE 3 OF THE THIRD AVENUE STREETSCAPE PROJECT FROM F STREET TO E STREET, AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On December 15, 2017, the San Diego Association of Governments (SANDAG) released a call for projects for the Smart Growth Incentive Program (SGIP) Cycle 4. The City is requesting authorization to file an application for Phase 3 of the Third Avenue Streetscape Project from “F” Street to “E” Street. ENVIRONMENTAL REVIEW Environmental Notice The Project was adequately covered in previously adopted/certified Final Environmental Impact Report, FEIR-06-01 for the Chula Vista Urban Core Specific Plan (UCSP) and any and all addenda and amendments. 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 Environmental Impact Report for the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report-06-01 (“FEIR-06-01”). Pursuant to the California Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency, certified FEIR-06-01 for the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape improvements, would not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR-06-01 were necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental document had occurred, adopted an Addendum to FEIR-06-01. Therefore, no further CEQA actions or determinations are necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION City of Chula Vista Printed on 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 242 File#:18-0038, Item#: 8. Project Background/Description Third Avenue between “H” Street and “E” Street is designated in the City’s Urban Core Specific Plan as a Smart Growth area, characterized as providing a variety of transportation choices, pedestrian- friendly access, and strong links between land uses and regional transportation. Smart Growth fosters distinctive and attractive communities with strong and unique identities, drawing people to them, thereby enhancing the area’s overall vitality and economic stability. The Third Avenue Streetscape project, was split into three phases (Attachment 1), with construction complete for Phases 1 and 2 (“H” Street to just north of “F” Street). Design aspects in Phases 1 & 2 included: - A Special Events Plaza adjacent to Memorial Park - Additional street trees and tree up-lighting - Community gateway features and directional signs - Covered transit shelters with seating and ADA accessibility - Decorative concrete and pavers - Energy efficient roadway and pedestrian lighting - Landscaping that is drought tolerant - Open sidewalks that encourage outdoor dining - Shorter pedestrian crossings and improved pedestrian and multi-modal accessibility - Updated street furniture The goal of the SGIP Grant is to fund comprehensive public infrastructure projects and facilitate compact, mixed-use, transit-oriented development and increase housing and transportation choices. City staff was successful in receiving grant funding through prior SGIP grant opportunities to help fund the construction of: Phase 1: $2,000,000 in SGIP funds - Cycle 1 Phase 2: $1,344,671 in SGIP funds - Cycle 2 On December 15, 2017, the SANDAG Board of Directors released the call for projects for SGIP - Cycle 4. City staff has already prepared design plans for Third Avenue Streetscape - Phase 3 (Attachment 2), that continues the design aspects incorporated into Phases 1 & 2, but also addresses new storm water compliance requirements. The construction of Phase 3 will complete the final phase of the Third Avenue Streetscape Project. Construction cost of Phase 3 is currently estimated at $4,000,000, of which, the SGIP grant would potentially provide up to $2,500,000. To assist in obtaining the necessary funds for construction, staff recommends that City Council approve the submittal of the SGIP grant application for the Third Avenue Streetscape - Phase 3 Project. In anticipation of receiving SGIP - Cycle 4 funding, the City is programming TransNet funds as the local match, as required by the SGIP grant, as part of the FY 2018/19 Capital Improvement Program (CIP). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that, Mayor Mary Salas has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(11), this item presents a disqualifying real property-related financial City of Chula Vista Printed on 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 243 File#:18-0038, Item#: 8. 18700 and 18702.2(a)(11), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above -identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. 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 overall Third Avenue Streetscape project supports the Strong and Secure Neighborhoods goal. The project facilitates mixed-use, transit oriented development, that incorporates the City’s Complete Streets policy that addresses the needs for all modes of transportation for residents and visitors of the City alike. CURRENT YEAR FISCAL IMPACT A total of $1,500,000 in TransNet funds, identified as matching funds in the grant application, will be budgeted as part of the FY 2018/19 CIP Program. Sufficient TransNet funds will be available in FY 2018/19; therefore, there is no additional impact to this fund. If any of the grants are awarded, staff will return to City Council with a recommendation to accept and appropriate the funds as part of the Third Avenue Streetscape Project Phase 3. ONGOING FISCAL IMPACT Upon construction completion, the Third Avenue Village Association (TAVA) and the City will update an existing maintenance agreement to determine responsibilities for the streetscape’s maintenance. In general, the roadway, traffic signals, street lighting, street trees, and street pavers (for line and grade only) will require routine maintenance. ATTACHMENTS 1. Third Av Streetscape - Phase Limits 2. Third Av Streetscape Phase 3 - Title Sheet Staff Contact: Patrick C. Moneda, Senior Civil Engineer City of Chula Vista Printed on 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 244 Third Ave Streetscape Improvements Phase 1 – “H” St to Center St Phase 2- Center St to “F” St Phase 3 – “F” St to “E” St 2018-03-06 Agenda PacketPage 245 ENIA ULGER ISTREG R NICVITATEOCOFALIF No. C47316JO E SS ZEMOLSEIROFD E P NALSSIOGINEREENIA I KCMER ISTREG R NICVITATEOCOFALIF No. 75526PA RTS DENOLEC.ROFD E PANALSSIOGINERE2018-03-06 Agenda Packet Page 246 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR THE SMART GROWTH INCENTIVE PROGRAM – CYCLE 4 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PHASE 3 OF THE THIRD AVENUE STREETSCAPE PROJECT FROM F STREET TO E STREET, AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECT WHEREAS, $27 million of TransNet funding for Smart Growth Incentive Program (SGIP) projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2017-2019, and up to $1 million of the SGIP funding is available for the preparation of Climate Action Plans (CAPs) and Complete Streets (CS) Policies; and WHEREAS, $3.6 million of TransNet and Transportation Development Act (TDA) funding for Active Transportation Grant Program (ATGP) projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2017-2019; and WHEREAS, the City of Chula Vista wishes to receive grant funding from SANDAG; and WHEREAS, the City of Chula Vista understands that, in order to be eligible to receive grant funds for SGIP and ATGP projects, jurisdictions must have an adopted Climate Action Plan (CAP) and Complete Streets (CS) Policy (or the equivalent) in place before grant funds will be disbursed; and WHEREAS, the City of Chula Vista certifies that it adopted a CAP in a public meeting on September 26, 2017, per Resolution 2017-228, that includes measures to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020 and achieves further reductions beyond 2020 consistent with adopted regional or local GHG emissions reduction targets; and WHEREAS, the City of Chula Vista certifies that it adopted a CS Policy, per Resolution 2015-198, in a public meeting on August 18, 2015, that is consistent with the California Complete Streets Act; WHEREAS, Third Avenue, between “H” Street and “E” Street is designated in the City’s Urban Core Specific Plan as a Smart Growth area; and WHEREAS, the goal of the Smart Growth Incentive Program (SGIP) Grant is to fund comprehensive public infrastructure projects and facilitate compact, mixed-use, transit-oriented development and increase housing and transportation choices; and WHEREAS, on December 15, 2017, the SANDAG Board of Directors released the call for projects for SGIP – Cycle 4; and 2018-03-06 Agenda Packet Page 247 WHEREAS, City staff has already prepared design plans for Third Avenue Streetscape – Phase 3, that continues the design aspects incorporated into Phases 1 & 2, but also address new storm water compliance requirements; and WHEREAS, the construction of Phase 3 will complete the final phase of the Third Avenue Streetscape Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the submittal of the following grant application to SANDAG. Grant Program Project Name Total Project Cost (Grant Request + Matching Funds) Grant Request Matching Funds SGIP - Capital Third Avenue Streetscape – Phase 3 $4,000,000 $2,500,000 $1,500,000 BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund this project, the City of Chula Vista commits to providing the total match amounts identified per project; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG, the City of Chula Vista authorizes staff to accept the grant funds, execute the grant agreement with no exceptions in substantially the same form as attached, and complete the Project. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects EXHIBIT A - Grant Agreement Template with SANDAG 2018-03-06 Agenda Packet Page 248 GRANT AGREEMENT TEMPLATE for Information Only SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE PROGRAM – CAPITAL / PLANNING OR TransNet SMART GROWTH INCENTIVE PROGRAM – CLIMATE ACTION PLAN OR TransNet SMART GROWTH INCENTIVE PROGRAM – COMPLETE STREETS POLICY OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM – CAPITAL / NON-CAPITAL FOURTH FUNDING CYCLE GRANT AGREEMENT AGREEMENT NUMBER BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND INSERT JURISDICTION NAME REGARDING INSERT FULL PROJECT TITLE THIS GRANT AGREEMENT Agreement Number (Agreement) is made this Day day of Month, 2018, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG, and the Grant Recipient and Address, hereinafter referred to as Grantee. SANDAG and Grantee are hereinafter collectively referred to as the Parties. This agreement expires on Month Day, Year. Note to Grant Recipient: This Agreement Template covers provisions for the Smart Growth Incentive Program (SGIP) – Capital and Planning; SGIP – Climate Action Plan (CAP); SGIP – Complete Streets Policy; and Active Transportation Grant Program (ATGP) – Capital and Non-Capital grant programs. Prior to contract execution, the Grant Agreement will be tailored to reflect the applicable grant program. The following recitals are a substantive part of this Agreement: Smart Growth Incentive Program, SGIP-Climate Action Plan Grant Program, and SGIP-Complete Streets Policy Grant Program Recitals: A.The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation-related infrastructure projects in the San Diego region through a competitive process. B.The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP) for which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C.In January 2010, the SANDAG Board of Directors approved Board Policy No. 035: Competitive Grant Program Procedures, which is included as Attachment B. This Grant Award, Agreement and the Grantee’s performance thereunder are subject to Board Policy No. 35, which includes multiple “use it or lose it” provisions. D.On December 15, 2017, SANDAG issued a call for projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria, and authorizing up to $1 million CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 249 2 from the SGIP to be used for the development of climate action plans and complete streets policies through two new subprograms. E.On Month, Day, Year, the SANDAG Board of Directors approved a list of recommended SGIP, SGIP-Climate Action Plan, or SGIP-Complete Streets projects for the fourth competitive grant cycle, and one of those projects is the subject of this Agreement. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. F.Grantee’s Project is funded with dollar amount in TransNet SGIP funds and is included in the Regional Transportation Improvement Plan (RTIP). The TransNet MPO ID for the Project is ID number. G.The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. H.Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. I.Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. The SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. Active Transportation Grant Program Recitals: A.The SANDAG Board of Directors allocates funds under the TransNet local sales tax program and the Transportation Development Act (TDA) to support local bicycle and pedestrian transportation projects in the San Diego region through a competitive process. B.The TransNet Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP) for which funding began on July 1, 2008. The BPNSP encompasses bicycle and pedestrian travel projects and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. C.Article 3 of the TDA provides funding for Bicycle and Pedestrian Facilities and Programs. D.Together the TransNet BPNSP and TDA Article 3 funding are commonly referred to as the SANDAG TransNet Active Transportation Grant Program (ATGP). E.In January 2010, the SANDAG Board of Directors approved Board Policy No. 035: Competitive Grant Program Procedures, which is included as Attachment B. This Grant Award, Agreement and the Grantee’s performance thereunder are subject to Board Policy No. 035, which includes multiple “use it or lose it” provisions. F.On December 15, 2017, SANDAG issued a call for projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. G.On Month, Day, Year, the SANDAG Board of Directors approved a list of recommended ATGP projects for the fourth competitive grant cycle, and one of those projects is the subject of this CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 250 3 Agreement. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. H.The SANDAG Board of Directors approved programming of approximately $3.6 million in TDA funds on Month, Day, Year, by Resolution Number Resolution Number. I.Grantee’s Project is funded with dollar amount in ATGP funds, which includes dollar amount in TransNet BPNSP funds and is included in the Regional Transportation Improvement Plan (RTIP), and dollar amount in TDA funds. The TransNet MPO ID for the Project is ID number and the TDA Claim Number is ID number. J.The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. K.Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. L.Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG’s funding commitment to ATGP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. I.GRANT AWARD A.The total amount payable to Grantee pursuant to this Agreement by SANDAG shall be the proportion of actual Project costs allocated to grant funding in the Approved Project Budget and shall not exceed the grant award of dollar amount. B.It is agreed and understood that this Agreement fund limit is a ceiling and that SANDAG will only reimburse the allowable cost of services actually rendered as authorized by SANDAG at or below that fund limitation established herein. II.APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the “Approved Project Budget.” The Grantee and/or third-party contractor(s) will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement per Board Policy No. 035, unless the re-allocation of funds among budget items or fiscal years does not increase the total amount of the funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between approved project budget line items. III.MATCHING FUNDS Grantee agrees to provide matching funds in an amount of dollar amount percent of the actual cost of the Project, estimated to be dollar amount based on the Approved Project Budget. If the actual cost of the Project exceeds the Project budget, Grantee is responsible for 100 percent of the actual cost greater than the budgeted cost. December 15, 2017CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 251 4 A.Availability of Grant Funding Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the Notice to Proceed date and prior to the termination date of this Agreement, unless expressly permitted by SANDAG, in writing. B.Reduction of Matching Funds The Grantee agrees that no refund of, or reduction in, the amount of matching funds may be made unless a reduction of the proportional share of the grant funding provided under this Agreement also is made to SANDAG. C.Prompt Payment of Matching Funds The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. The Grantee agrees to provide not less than its required match amount of Project costs on a proportional basis as Project costs are incurred and coinciding with usual invoicing. Each of Grantee’s invoices must include its proportional matching fund contribution, along with supporting, descriptive and/or explanatory documentation for the matching funds provided such that the Grantee maintains a cumulative match percentage no less than the required match percentage as specified above. IV.PROJECT MANAGERS Grantee’s Project Manager is Project Manager. The SANDAG Project Manager is Tracy Ferchaw. Project manager continuity and experience is deemed essential in Grantee’s ability to carry out the project in accordance with the terms of this Agreement. Grantee shall not change the project manager without first providing written notice to SANDAG. V.NOTICE All notices required to be given, by either party to the other, shall be deemed fully given when made in writing and received by the parties at their respective addresses: San Diego Association of Governments Attention: Tracy Ferchaw 401 B Street, Suite 800 San Diego, CA 92101 Grantee: Jurisdiction Name Attention: Project Manager Address City, CA, ZIP CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 252 5 VI.PROJECT IMPLEMENTATION A.General The Grantee agrees to carry out the Project as follows: 1.Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2.Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 3.Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project as described in Attachment A and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4.Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5.Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements, included as Attachment C, and Board Policy No. 035, as amended. 6.Changes to Project’s Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (included in Attachment A). Any substantive deviation from Grantee’s Scope of Work during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the grant program and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have grant funding withheld from Grantee, or refunded to SANDAG, due to Grantee’s failure to satisfactorily complete the Project or due to substantive changes to the Project. 7.Media and Community Outreach Coordination. The Grantee agrees to notify and/or assist SANDAG of/with any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials and/or community events related to the Project, such as ground breaking and ribbon cutting activities. Press materials shall be provided to SANDAG staff for review before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral based on SANDAG logo usage guidelines provided by SANDAG, but may never be included in such documents without advance approval from SANDAG. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 253 6 As part of the quarterly reports submitted to SANDAG, the Grantee agrees to provide project milestone information to support media outreach and communications efforts. This includes project photos taken throughout the project at program events or as part of project tasks. The photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. SANDAG reserves the right to use the information provided by the Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, the Grantee agrees that the photos have been obtained with the consent of all persons featured in the photo (or that of a parent or guardian of persons under the age of 18) using the SANDAG Photo and Testimonial Release form to be provided by SANDAG, or a similar release form developed by Grantee and agreed upon by SANDAG, and to release the rights of the photos to SANDAG for its use. 8.Project Signage and Designation of TransNet Funded Facilities. Each capital project of $250,000 or more funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from the TransNet Extension Ordinance. Grantee agrees to follow the project signage specifications and to install appropriately sized signs in the quantity called for by the TransNet Signage Guide (provided by SANDAG). Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before production. 9.Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B.Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Extension Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C.Changes in Project Performance The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 254 7 SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG’s Office of General Counsel. D.Notice Regarding Prevailing Wages This Project is funded in whole or in part by TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee’s public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee’s compliance with all federal, state, and local laws and ordinances as applicable. E.Standard of Care Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. F.Third-Party Contracting Although the Grantee may delegate any or almost all Project responsibilities to one or more third-party contractors, the Grantee agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. 1.Competitive Procurement. Grantee shall not award contracts over $3,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. If Grantee hires a third-party contractor to carry out work funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as an evaluation factor in selecting the third-party contractor and for construction services, award the work to the lowest responsive and responsible bidder; document a Record of Negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 2.Debarment. Grantee shall execute and cause their third-party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with government entities. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 255 8 3.Flowdown. Grantee agrees to take appropriate measures necessary, including the execution of a subagreement, lease, third-party contract, or other, to ensure that all Project participants, including alternate payees or third-party contractors at any tier, comply with all applicable federal laws, regulations, policies affecting Project implementation and Agreement requirements. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee’s responsibilities as set forth in this Agreement. 4.No SANDAG Obligations to Third-Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third-party contractor at any tier or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, alternate payee designation, or third-party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee. 5.Equipment Purchases. Grantee shall maintain ownership of any equipment purchased using Agreement funding and shall use such the equipment only for the purposes set forth in this Agreement. The parties agree to meet and confer in good faith to ensure the continued use of the equipment for the purposes intended, which may include reimbursement to SANDAG when the fair market value of the equipment at Project completion exceeds $5,000. SANDAG and Grantee agree that Grantee shall keep an inventory record for each piece of equipment purchased under this Agreement and maintain each piece of equipment in good operating order consistent with the purposes for which they were intended. SANDAG shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the equipment. VII.ETHICS A.Grantee Code of Conduct/Standards of Conduct The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party contracts supported with grant funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third-party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 256 9 sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third-party contractors or subgrantees or their agents. B.Personal Conflicts of Interest The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by grant funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. C.Organizational Conflicts of Interest The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. D.SANDAG Code of Conduct SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff also are prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG’s officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. E.Bonus or Commission The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its grant funding application for the Project. F.False or Fraudulent Statements or Claims The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 257 10 makes, or it may make in connection with the Project, including, but not limited to, the Grantee’s grant application, progress reports and invoices. VIII. PAYMENTS A.Method of Payment The method of payment for this Agreement will be based upon actual allowable costs described herein. B.Alternate Payee If the Grantee designates a party as an Alternate Payee, Alternate Payee is authorized to submit payment requests directly to SANDAG to receive reimbursement for allowable Project costs. This does not alleviate Grantee from all obligations under this Grant Agreement. C.Invoicing Grantee or Alternate Payee is required to submit invoices quarterly. Invoices must be accompanied by a quarterly report (template to be provided by SANDAG). SANDAG will make payments for eligible amounts to Grantee or Alternate Payee as promptly as SANDAG fiscal procedures permit upon receipt of Grantee’s or Alternate Payee’s itemized signed invoice(s). SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly pay retention amounts to Grantee or Alternate Payee following satisfactory completion of work, receipt of final invoice, and all required documentation. D.Eligible Costs The Grantee agrees that Project costs eligible for grant funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1.Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2.Necessary in order to accomplish the Project. 3.Reasonable for the goods or services purchased. 4.Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). Project generated revenue realized by the Grantee shall be used in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 5.Incurred for work performed on or after the SANDAG Notice to Proceed date, and before the termination date, and also must have been paid for by the Grantee. 6.Satisfactorily documented with supporting documentation, which is to be submitted with each invoice. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 258 11 7.Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third-party contractors and subgrantees, (see Section entitled “Accounting Records”). 8.Eligible for grant funding as part of the grant program through which the funds were awarded. 9.Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant’s proposed method for allocating indirect costs in accordance with federal guidelines. Indirect cost allocation plans must be reviewed and renewed annually. E.Excluded Costs Certain costs associated with bike and pedestrian projects that do not directly benefit people walking and biking are ineligible. These ineligible expenses include, but are not limited to: curb, gutter, and other drainage improvements; newly installed driveway ramps; roadway shoulders, where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane; and any required element under a different capital improvement project other than the Project. Expenses related to the replacement of existing infrastructure as a result of Project work may be eligible for reimbursement, but Grantee will be required to justify the necessary inclusion of such improvements prior to requesting reimbursement. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. IX. ACCOUNTING, REPORTING, RECORD RETENTION, AND ACCESS A.Project Accounts The Grantee and/or Alternate Payee agree to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee and/or Alternate CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 259 12 Payee also agree to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B.Reports The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C.Quarterly Reports Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. D.Record Retention During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. All communications and information provided to SANDAG become the property of SANDAG and public records, as such, may be subject to public review. Please see SANDAG’s Board Policy 015: Records Management Policy, which is available at www.sandag.org/legal, for information regarding the treatment of documents designated as confidential. E.Access to Records of Grantees and Subgrantees The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. F.Communities Served Data and Reporting If requested, Grantee shall provide SANDAG with data regarding how the Project’s benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data, and/or any other relevant information. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 260 13 X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT A.Project Completion Within 90 calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B.Project Audit Note to Grant Recipient: Only the applicable sections will be included. For TransNet-funded projects: The Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with the TransNet Extension Ordinance. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C.Performance Audit The Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project pursuant to the TransNet Ordinance. D.Project Closeout Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final grant funding payment and or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E.Project Use Grantee was awarded this Agreement based on representations in its grant application regarding the Project’s intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund grant funding provided for the Project in the event Grantee fails to use the Project for its intended purposes as stated in the grant application or for any disallowed costs. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 261 14 XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE A.Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. B.In the event Grantee encounters or anticipates difficulty in meeting the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C.Grantee agrees that SANDAG, at its sole discretion, may suspend or terminate all or any part of the grant funding if the Grantee fails to make reasonable progress on the Project and/or violates the terms of the Agreement or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of grant funding for the Project. D.In general, termination of grant funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused grant funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of grant funding provided for the Project or any lesser amount as SANDAG may determine. E.Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG’s discretion if Grantee’s request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this section in each subagreement, lease, third-party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following: A.Nondiscrimination SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 262 15 grant. If Grantee receives a Title VI-related or ADA-related complaint, Grantee must notify SANDAG in writing within 72 hours of receiving the complaint so that SANDAG can determine whether it needs to carry out its own investigation. B.Equal Employment Opportunity During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIV. DISPUTES AND VENUE A.Choice of Law This Agreement shall be interpreted in accordance with the laws of the State of California. B.Dispute Resolution Process In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG’s Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG’s Executive Director. The request for reconsideration must be received within ten calendar days from the postmark date of SANDAG’s reply. The Executive Director will respond in writing to the request for reconsideration within ten working days. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 263 16 mediation within 30 calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. C.Venue If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney’s fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A.General Liability Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B.Automobile Liability For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C.Workers’ Compensation and Employer’s Liability Policy must comply with the laws of the State of California. The policy must include an acceptable “Waiver of Right to Recover from Others Endorsement” naming SANDAG as an additional insured. D.Other Requirements Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1.An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of “A-” or better, and a financial size of “$10 million to $24 million (Class V) or better,” or CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 264 17 2.A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E.Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee’s insurance. Insurance policies shall not be canceled without first giving 30 days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A.Generally With regard to any claim, protest, or litigation arising from or related to the Grantee’s performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee’s or its subgrantees’ employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees. B.Intellectual Property Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 265 18 XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 266 19 XX. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS JURISDICTION NAME KIM KAWADA OR DESIGNEE Chief Deputy Executive Director FULL NAME Title APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel Full Name Title CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 267 20 ATTACHMENT A Scope of Work, Schedule, and Approved Project Budget Project Location (Specific project location including jurisdiction, community, neighborhood, corridors, and intersections) Project Description (Project type [design and/or construction, master plan, etc.], types of improvements/recommendations, project goals) (Insert Scope, Schedule, and Approved Project Budget) TransNet MPO ID NO._________ CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 268 21 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees’ ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee’s proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Completion CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 269 22 of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director’s action will be reported out to the Board in following month’s report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director’s response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 270 23 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee’s authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 271 24 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee’s discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 272 25 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS All Grant Types (Capital, Non-Capital, and/or Planning Projects) 1.Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2.Request for Proposals and Consultant Selection: Upon request by SANDAG, Grantee must submit draft Request for Proposals or bid solicitation documents to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attachment A). 3.Design Development, Stakeholder, and Community Meetings: Grantee must provide SANDAG with agendas and meeting summaries for all design development (for capital projects only) and community meetings. SANDAG staff may attend any meetings as appropriate. 4.Quarterly Reports, Invoices, and Deliverables: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon-cuttings) to support media and communications efforts. Grantee needs to document and track in-kind contributions designated as matching funds as part of project management. Grantee must provide all deliverables identified in the Scope of Work. 5.Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG and TransNet logo(s) should be included in press materials and other project collateral based on logo usage guidelines to be provided by SANDAG. Grantee agrees to provide project milestone information to support media and communications efforts. 6.Photo Documentation: Grantees are responsible for the following photo documentation: Existing conditions photos (as applicable), which should illustrate the current conditions of the project site and demonstrate the need for improved facilities Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. Grantees must obtain consent of all persons featured in photos (or that of a parent or guardian of persons under the age of 18) by using the SANDAG Photo and Testimonial Release form to be provided by SANDAG, or a similar release form developed by Grantee and agreed upon by SANDAG. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 273 26 Capital Grants Only 1.Baseline Data Collection: Prior to the construction of grant-funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bike activity. At a minimum, data should be collected for observed bike and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: Conduct counts prior to project construction, during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAG will collaborate on an alternative data collection methodology and procedure. A subset of project areas may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees’ budgets. Grantees should plan to budget $5,000 for data collection. 2.Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent design. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: Whether the plans are consistent with the Project proposed in the original grant application Consistency with accepted pedestrian/bike facility and smart growth design standards 3. Project Signage: Each project or program of $250,000 or more funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications in TransNet Signage Guide and submit proof files to SANDAG for approval before production. 4. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. CFP Release Date: December 15, 2017 2018-03-06 Agenda Packet Page 274 City of Chula Vista Staff Report File#:18-0076, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $923 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Department in accordance with Government Code Article 3, Section 50050 provisions, which state that money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. The amount of $923 is now eligible for transfer to the General Fund. 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 This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City currently has unclaimed monies in the Cash Bond Deposit Fund. Monies deposited into the Cash Bond Deposit Fund primarily include cash confiscated during arrests that has remained unclaimed. This money was deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code. According to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. If no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice. City of Chula Vista Printed on 3/1/2018Page 1 of 2 powered by Legistar™2018-03-06 Agenda Packet Page 275 File#:18-0076, Item#: 9. designated date not less than 45 days nor more than 60 days after the first publication of the notice. The City gave public notice of the unclaimed monies in the Star News on January 19 and 26, 2018. The amount of $923 is now eligible for transfer to the General Fund, pursuant to Government Code section 50053. 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 section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff 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. Transferring unclaimed monies to the General Fund supports the goal of Operational Excellence by complying with Government Code relating to unclaimed monies. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the transfer of $923 from the Cash Bond Deposit Fund to the General Fund, resulting in a positive fiscal impact of $923 to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for this one-time transfer. ATTACHMENTS Attachment 1: Star News Affidavit of Publication Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 3/1/2018Page 2 of 2 powered by Legistar™2018-03-06 Agenda Packet Page 276 2018-03-06 Agenda Packet Page 277 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $923 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND WHEREAS, the City currently has monies in the Cash Bond Deposit Fund, which primarily include cash confiscated during arrests that has remained unclaimed; and WHEREAS, these monies were deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code; and WHEREAS, according to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met; and WHEREAS, according to Government Code provisions, if no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice; and WHEREAS, the City gave public notice of the unclaimed monies in the Star News on January 19 and 26, 2018, and WHEREAS, the amount of $923 in unclaimed monies is now eligible for transfer to the General Fund, pursuant to Government Code section 50053. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the transfer of unclaimed monies in the amount of $923 from the Cash Bond Deposit Fund to the General Fund. Presented by:Approved as to form by: ____________________________________________ Roxana Kennedy Glen R. Googins Police Chief City Attorney 2018-03-06 Agenda Packet Page 278 City of Chula Vista Staff Report File#:18-0039, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2016/2017 THROUGH 2020/2021 RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY The San Diego Association of Governments (SANDAG) is accepting submittal requests for the 12 th amendment to the Regional Transportation Improvement Program (RTIP). SANDAG provided its member agencies with new financial projections for Fiscal Years 2018-19 through 2022-23. Staff recommends several administrative adjustments and updating estimated allocations for all future fiscal years to conform to these projections. 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 the activity consists of governmental Regional Transportation Improvement Program/ TransNet funds activity, which does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Although environmental review is not required at this time, once the scope of potential individual projects has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION The 2016 Regional Transportation Improvement Program (RTIP) includes a program of projects and expenditures for Fiscal Years 2016-17 through 2021-22. The City participates in the Local Street Improvement Program portion of the overall RTIP. On February 6, 2018, SANDAG provided the City of Chula Vista Printed on 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 279 File#:18-0039, Item#: 10. Improvement Program portion of the overall RTIP. On February 6, 2018, SANDAG provided the member agencies with an updated TransNet Revenue Forecast - Local Street Improvement Program for Fiscal Years 2018-19 through 2022-23 (Attachment 1), which are conservative estimates for planning purposes. The Fiscal Year 2017-18 TransNet fund allocation on this latest forecast remained constant from the previous projection provided on February 1, 2017 in the amount of $6,042,000. At this time, Administrative Transfers (Attachment 2) need to be approved with this current amendment. The Fiscal Year 2018-19 projected revenue has been reduced by $220,000 (3.5%) from the previous estimate of $6,296,000 to $6,076,000. The estimated TransNet allocation for future Fiscal Years 2019-20 through 2022-23 has also been reduced (Attachment 3). Staff will need to return to Council in fall 2018 for approval of Chula Vista’s portion of the 2018 RTIP. At that time, the allocation of costs for the upcoming three fiscal years will be revised. The allocations for Fiscal Year 2018-19 will more closely approximate the proposals for the Fiscal Year 2018-19 CIP. Administrative Transfers This action is intended to either reallocate leftover funds allocated to Capital Improvement Program (CIP) projects that have been completed or to transfer money from one CIP project to another within the same SANDAG project number (MPO ID). These transfers will not affect the balance between Congestion Relief and Maintenance projects. These transfers are strictly administrative to address SANDAG’s project accounting. These funds have already been budgeted in the current Capital Improvement Program so no appropriation is required. Attachment 2 provides details of these transfers. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 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 TransNet Local Street Improvement Program supports the Strong and Secure Neighborhoods strategy because it provides funding for the maintenance and rehabilitation of roadway infrastructure. Well maintained infrastructure is key to providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT There will be no current fiscal year impact, since this Council action pertains to revenue estimates for City of Chula Vista Printed on 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 280 File#:18-0039, Item#: 10. Fiscal Years 2016-17 through 2020-21. ONGOING FISCAL IMPACT There will not be any ongoing fiscal impact, since these amounts are only estimates, which will not affect the budget and will be amended in spring 2018. ATTACHMENTS 1. TransNet Revenue Forecast - 02/06/2018 2. FY17 Administrative Transfers 3. Estimated TransNet Allocation (FY20-22) Staff Contact: Patrick C. Moneda, Senior Civil Engineer City of Chula Vista Printed on 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 281 2018-03-06 Agenda Packet Page 282 FY17 TransNet Administrative TransfersAttachment 2From MPOID CIPTo MPO CIPAmount Transfer TypeCHV48 STM373‐ Pavement Major Rehabilitation FY12‐13 CHV48 STM387‐ Pavement Major Rehab FY16 229,850.00$   Administrative ‐ Same MPOIDCHV48 STM379‐ Pavement Major Rehabilitation FY13‐14 CHV48 STM387‐ Pavement Major Rehab FY16 283,802.00$   Administrative ‐ Same MPOIDCHV67 TF377‐ Roadway Improv at Olympic & Brandywine CHV48 STM387‐ Pavement Major Rehab FY16 10,186.00$     AdministrativeCHV52 STL361‐ Industrial Blvd. Bike Ln / Ped Improvement CHV48 STM387‐ Pavement Major Rehab FY163,766.00$       AdministrativeTotal  Transfer to STM387527,604.00$   CHV48 SW266‐ Oxford Street Sewer Improvement CHV48 STM390‐ Major Pavement Rehab FY2016572.00$           Administrative ‐ Same MPOIDCHV54 STM367‐ So Broadway Improv. Main to SthrnCity CHV54 STM381‐ So Brdwy Imprv Main 2SthrnLim1,272.00$       Administrative ‐ Same MPOIDCHV58 STL368‐ Oxford Street Sidewalk Installation CHV58 STL366‐ Moss Street Sidewalk Installation7,318.00$       Administrative ‐ Same MPOIDCHV60 TF382‐ Traffic Signal Mod at Third Ave & Naples St CHV60 STL418‐ Bonita Rd & Allen School Lane 3,296.00$       Administrative ‐ Same MPOIDCHV60 TF383‐ Traffic Signal Instal at Industrial & Moss CHV60 STL418‐ Bonita Rd & Allen School Lane 650.00$           Administrative ‐ Same MPOIDTotal Transfer to STL4183,946.00$       CHV33 Enhanced Traffic Calming CrosswalkCHV33 School Zone Traffic Calming  18,870.00$     Administrative ‐ Same MPOIDCHV47 TF367‐ Urban Core Srvs Level Threshold Study CHV45 STM369‐ Bikeway Facilities Gap Project 1,912.00$       AdministrativeCHV47 TF367‐ Urban Core Srvs Level Threshold Study CHV45 TF274‐ Traffic Count643.00$           AdministrativeCHV47 TF367‐ Urban Core Srvs Level Threshold Study CHV45 TF321‐ Citywide Traffic Count Program 10,582.00$     AdministrativeCHV47 TF367‐ Urban Core Srvs Level Threshold Study CHV46 TF368‐ Harborside Elementary Pedestrian2,117.00$       AdministrativeTotal Transferred out of TF36715,254.00$     CHV75 STL424‐ ADA Curb Ramps Program FY2017/2018 CHV75 STL405‐ ADA Curb Ramps FY2014/15 150,000.00$   Transfer per Reso 2014‐144‐ Same MPOID2018-03-06 Agenda PacketPage 283 MPO IDCHV48 $3,600,000 $3,800,000 $4,000,000 CHV39 $150,000 $150,000 $150,000 CHV58 $400,000 $400,000 $400,000 CHV60 $400,000 $400,000 $400,000 $4,550,000 72.3%$4,750,000 72.8%$4,950,000 73.1%$4,406,500 70.0% $4,568,900 70.0% $4,737,600 70.0%CHV50 $300,000 $300,000 $300,000 CHV34$250,000 $250,000 $250,000 CHV33 $70,000 $70,000 $70,000 CHV06 $515,000 $547,000 $538,000 CHV22 $60,000 $60,000 $60,000 CHV45 $100,000 $100,000 $100,000 CHV35 $250,000 $250,000 $300,000 CHV75 $200,000 $200,000 $200,000 $1,745,000 27.7%$1,777,000 27.2%$1,818,000 26.9%Revised 02/14/2018 *TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2019 to FY2023) dated 2/6/2018FY 19/20FY 20/21FY 21/22 CIP PROGRAM TOTAL ATTACHMENT 3ESTIMATED TRANSNET ALLOCATION - FY 2020 THROUGH FY 2022$6,295,000 $6,527,000 $6,295,000 $6,527,000 $6,768,000 PROJECTCONGESTION RELIEFMAINTENANCEMinimum Required Congestion ReliefEmergency Storm Drain Repair Neighborhood Traffic/Ped Safety Program (TF327)$6,548,000 $6,814,000 $7,088,000 **TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2018 to FY2022) dated 2/1/2017Major Pavement Rehabilitation (Overlays/Reconstruct) Traffic Signal System Optimization (TF350)(TF400)New Sidewalk Construction Traffic Signal Upgrade(Congestion Relief) SUBTOTAL$6,768,000 (Maintenance) SUBTOTAL Previous**Current*Estimated Annual TransNet RevenueSchool Zone Traffic Calming (TF384, TF345)Minor Pavement Rehabilitation Program Advance Planning Studies (OP202)Traffic Monitoring Program (TF321)(STM369)Traffic Signing and Striping (TF332) (TF393)(TF399), Studies & Signal/Streetlight Upgrade (TF366) and Maint.ADA Curb Ramps 2018-03-06 Agenda PacketPage 284 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2016/2017 THROUGH 2020/2021 WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, on February 6, 2018, the City of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2019 through 2023; and WHEREAS, the City of Chula Vista approved its 2016 TransNet Local Street Improvement Program of Projects (POP) on March 8, 2016 and the City of Chula Vista desires to make adjustments to its Program of Projects; and WHEREAS, the City is required by SANDAG to amend its estimated TransNet allocation for Fiscal Years 2019-20 through 2021-22 due to the revised revenue projections; and WHEREAS, the City of Chula Vista has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it requests that SANDAG make the following changes to its 2016 POP (the “Amendment”), as shown on Exhibit A. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and 2018-03-06 Agenda Packet Page 285 proposed was clearly noticed as part of the City of Chula Vista’s public hearing process for the Amendment. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it certifies that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista’s TransNet funded projects. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it adopts the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2016-2017 through 2020/2021. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering &City Attorney Capital Projects Exhibit A 2018-03-06 Agenda Packet Page 286 MPO IDCHV48 $3,600,000 $3,800,000 $4,000,000 CHV39 $150,000 $150,000 $150,000 CHV58 $400,000 $400,000 $400,000 CHV60 $400,000 $400,000 $400,000 $4,550,000 72.3%$4,750,000 72.8%$4,950,000 73.1%$4,406,500 70.0% $4,568,900 70.0% $4,737,600 70.0%CHV50 $300,000 $300,000 $300,000 CHV34$250,000 $250,000 $250,000 CHV33 $70,000 $70,000 $70,000 CHV06 $515,000 $547,000 $538,000 CHV22 $60,000 $60,000 $60,000 CHV45 $100,000 $100,000 $100,000 CHV35 $250,000 $250,000 $300,000 CHV75 $200,000 $200,000 $200,000 $1,745,000 27.7%$1,777,000 27.2%$1,818,000 26.9%Revised 02/14/2018 *TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2019 to FY2023) dated 2/6/2018FY 19/20FY 20/21FY 21/22 CIP PROGRAM TOTAL EXHIBIT AESTIMATED TRANSNET ALLOCATION - FY 2020 THROUGH FY 2022$6,295,000 $6,527,000 $6,295,000 $6,527,000 $6,768,000 PROJECTCONGESTION RELIEFMAINTENANCEMinimum Required Congestion ReliefEmergency Storm Drain Repair Neighborhood Traffic/Ped Safety Program (TF327)$6,548,000 $6,814,000 $7,088,000 **TransNet Revenue Forecast - Local Street Improvement Program (Estimates for FY2018 to FY2022) dated 2/1/2017Major Pavement Rehabilitation (Overlays/Reconstruct) Traffic Signal System Optimization (TF350)(TF400)New Sidewalk Construction Traffic Signal Upgrade(Congestion Relief) SUBTOTAL$6,768,000 (Maintenance) SUBTOTAL Previous**Current*Estimated Annual TransNet RevenueSchool Zone Traffic Calming (TF384, TF345)Minor Pavement Rehabilitation Program Advance Planning Studies (OP202)Traffic Monitoring Program (TF321)(STM369)Traffic Signing and Striping (TF332) (TF393)(TF399), Studies & Signal/Streetlight Upgrade (TF366) and Maint.ADA Curb Ramps 2018-03-06 Agenda PacketPage 287 City of Chula Vista Staff Report File#:18-0047, Item#: 11. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING TENTATIVE MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK, SUBJECT TO THE CONDITIONS LISTED IN THIS RESOLUTION B. ORDINANCE OF THE CITY OF CHULA VISTA CONSIDERING PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK FOR THE PURPOSE OF ALLOWING SUBDIVISION AND REDEVELOPMENT OF THE PROPERTY WITH AN INDUSTRIAL/COMMERCIAL BUSINESS PARK (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing, adopt the resolution, and place the ordinance on first reading. SUMMARY This public hearing and the resolution and ordinance are for consideration and approval of the proposed Otay River Business Park Specific Plan and Tentative Subdivision Map and the associated Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Otay River Business Park Specific Plan (ORBP SP) and Tentative Subdivision Map (TM) were prepared for the development of the 53-acre site previously known as the Nelson Sloan property. Sudberry Development, Inc., owner of the property (Applicant/owner), is proposing to subdivide and redevelop the property with an industrial/commercial business park. A Specific Plan is a tool for the effective planning and development of areas in need of revitalization. State law (Government Code 65450-65457) establishes the process for adopting specific plans and requires that the Planning Commission hold a public hearing on the proposed actions and provide a written recommendation to the City Council. A Tentative Subdivision Map is a tool used to subdivide properties into five or more lots for the purpose of showing the design of a proposed major subdivision and the existing conditions in and around it. The Tentative Map is normally reviewed and approved in anticipation of the property’s development. The ORBP SP and TM have been prepared by the Applicant pursuant to State Law and in compliance with the 2005 General Plan; the documents have been reviewed by City staff and outside agencies and they have been recommended for approval by the Planning Commission; the resolution and ordinance are now being presented to the City Council for consideration and approval. This report provides a description and analysis of the property and the ORBP SP and TM and their purpose and intent. City of Chula Vista Printed on 3/1/2018Page 1 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 288 File#:18-0047, Item#: 11. ENVIRONMENTAL REVIEW Environmental Notice Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP) have been prepared. Environmental Determination The Director of Development Services has reviewed the proposed ORBP SP and TM (collectively, the “Project”) for compliance with the California Environmental Quality Act and has conducted Initial Study IS15-0005 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Director of Development Services has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP). BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the proposed Tentative Map and Specific Plan at its public hearing of January 24, 2018 and approved a resolution recommending that the City Council consider and approve the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program pursuant to CEQA and approve the Otay River Business Park Tentative Map and Specific Plan DISCUSSION The most recent update to the City of Chula Vista General Plan occurred in 2005. The primary focus of the 2005 General Plan Update was on the currently developed areas of the City, in particular the western portions of the City. Within the Southwest portion of the City, the General Plan designated five “Areas of Change” that would need to go through a more detailed planning process. One of these areas is the Main Street District. The General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses that provide new employment and recreational uses, that is improved with attractive buildings and street frontages, and that provide for the protection of adjacent residential areas and open spaces in the vicinity. The General Plan mandates the preparation of a Specific Plan that will implement its vision for this area. According to the State of California Office of Planning and Research, a Specific Plan is “a tool for the systematic implementation of the general plan. It effectively establishes a link between implementing policies of the general plan and the individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts, or as detailed as providing direction to every facet of development from the type, location and intensity of uses to the design and capacity of infrastructure; from the resources used to finance public improvements to the design guidelines of a subdivision.” Specific Plans must comply with Sections 65450 - 65457 of the California Government Code. Specific Plans must also be consistent with the policies contained within the General Plan and may be adopted by resolution or by ordinance. This differentiation allows cities to choose whether their specific plans, or portions thereof, will be policy driven (adopted by resolution), or regulatory (adopted by ordinance). The Otay River Business Park Specific Plan is adopted by ordinance. All zoningCity of Chula Vista Printed on 3/1/2018Page 2 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 289 File#:18-0047, Item#: 11. by ordinance). The Otay River Business Park Specific Plan is adopted by ordinance. All zoning related portions of this Specific Plan (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Specific Plan boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted Specific Plan. The ORBP SP is established pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. The ORBP SP is a descriptive and normative document containing seven sections, including an introduction, planning consideration and existing conditions, General Plan Vision, Goals, Objectives and Policies, land use and development regulations, design guidelines, infrastructure/public facilities, and plan implementation and administration. The most pertinent sections are discussed below. Site Location and Existing Conditions The subject property is located within the City’s Southwest Planning Area along the south side of Main Street at the intersection with Fourth Avenue between Interstate 5 and Interstate 805. The 53- acre property extends south to the Otay River and west to Broadway (Site). The Project location is shown on Attachment 1 - Locator Map. The Site is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor, and the Otay River Valley open space to the south. The Site consists of multiple contiguous parcels of land. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures (which do not exist anymore) associated with the existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. Currently, the Site is vacant and surrounded by fully urbanized properties, particularly along its northern boundary. The Otay River Business Park will provide a new development pattern at this Site with business park uses and complementary amenities for the existing community. Otay Valley Regional Park The Site is located within the Otay Valley Regional Park (OVRP) boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego. The OVRP area extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area, and encompasses approximately 9,000 acres. The OVRP Concept Plan and Design Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. The Concept Plan provides direction and guidelines related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located withinCity of Chula Vista Printed on 3/1/2018Page 3 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 290 File#:18-0047, Item#: 11. the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The ORBP SP was prepared in the context of the OVRP and considered and incorporated the Concept Plan guidelines for private development. Current Land Use and Zoning The Site area is currently regulated by the land use and development regulations of the Limited Industrial Zone of the Chula Vista Municipal Code and has a General Land Use designation of Limited Industrial with a floating designator for a future Community Park somewhere in the vicinity of this property. The southern-most area of the Site along the Otay River Floodway is designated as Open Space, which is a designation intended for lands to be protected from urban development. The existing Zoning on this site is Limited Industrial with a Precise Plan Overlay (ILP). The Main Street Corridor between Interstate 5 and Interstate 805 is currently dominated by a mixture of commercial and light industrial uses with several areas, including part of the Site, used for heavy industry. Otay River Business Park Specific Plan The ORBP SP has been prepared in accordance with State Specific Plan requirements, as well as pursuant to the authority granted in Chula Vista Municipal Code Section 19.07, Specific Plans. The ORBP SP contains sections as required that address the following: 1. The distribution, location and extent of the use of land within the area covered by the plan (Refer to Chapter 4). 2. The proposed distribution, location, extent, and intensity of major components of infrastructure (transportation, sewage, water, drainage, solid waste disposal, and other essential facilities) proposed to be located within the area covered by the plan and needed to support the land uses described in the plan (Refer to Chapter 6). 3. The standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. (Refer to Chapters 4 and 5). 4. Implementation measures including regulations, programs, public works projects, and financing measures. (Refer to Chapter 6). 5. A statement of the relationship of the ORBP SP to the General Plan. (Refer to Chapter 3). The ORBP SP details the land use proposal for the Otay River Business Park, and it discusses project character, intensity, circulation, open space, compatibility with surrounding development, and development design guidelines. Specifically, the plan establishes the land use pattern within the Site and establishes a more flexible development pattern by permitting the development of industrial buildings as well as certain commercial uses that are not normally permitted within the Limited Industrial (IL) Zone, particularly along the Main Street frontage (see Land Use Matrix - Attachment 2). For example, the ORBP SP allows the development of medical, professional and commercial offices, as well as a variety of retail uses that are currently not permitted in the IL Zone. The ORBP SP also establishes detailed development standards that regulate future development such as minimum lot size, maximum lot coverage, building height, setbacks, parking standards, access and circulationCity of Chula Vista Printed on 3/1/2018Page 4 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 291 File#:18-0047, Item#: 11. size, maximum lot coverage, building height, setbacks, parking standards, access and circulation standards, and others. Chapter 5 of the ORBP SP contains a comprehensive list of design guidelines and standards that address site planning and design elements applicable to the overall Site. Chapter 6 of the ORBP SP provides a comprehensive and detailed description of proposed infrastructure to be built at the time of Project development. Design and development standards have been prepared to assist in creating a business park that provides upgrades and improvements from the prior site uses in a way that complements the surrounding community. The infrastructure plan establishes the standards and specifications to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. A portion of the ORBP SP property is identified as a potential location for a future Community Park by the City of Chula Vista General Plan Public Facilities and Services Element and the OVRP Concept Plan. In order to retain the option to construct a future park in the project area, approximately 13.9 acres are set aside in the ORBP SP. As an industrial/commercial project with no residential uses, the Otay River Business Park project has no obligation to provide park facilities and is not subject to the Growth Management Oversight Commission parks and recreation threshold. With no obligation for the project to provide park facilities, the park site would have to be purchased by the City. The final design of the park, including trail connections to the OVRP, will be determined by the City, after the City has agreed to purchase the park area, in collaboration with the community and shall use the most current OVRP Design Standards and Guidelines. Portions of the Specific Plan property are located within the floodway of the Otay River. Generally, grading and development are not permitted within the floodway, except as allowed pursuant to Chula Vista Municipal Code (CVMC) 19.50.040 and subject to all regulations by the Federal Emergency Management Agency (FEMA) and in accordance with CVMC 19.50 and 14.18,et seq. The ORBP SP designates this area (PA4) as Open Space without permanent structures. Tentative Subdivision Map A TM was prepared and submitted as part of the preparation and processing of the ORBP SP, and in anticipation of the proposed development of the Site. The TM proposes to consolidate and subdivide the 53-acre Site into 12 individual lots for industrial/commercial development and one lot for a future City park, as well as one lot for open space. The TM for the Site provides all of the infrastructure services, establishes developable parcels, public improvements and public facilities that will implement the development of the proposed business park. Additionally, the TM will provide for the grading and development of the Site, as shown on the proposed Tentative Map and Mass Grading Plans PCS16-0007. Pursuant to Government Code Section 66473.5, the Planning Commission and City Council must make the findings listed in the TM resolution substantiating that the TM, as conditioned therein, is in conformance with the elements of the City’s General Plan. The proposed TM has been reviewed for consistency with the City of Chula Vista Subdivision Manual and staff has included the necessary conditions that must be satisfied prior to issuance of a Final Map. The conditions are described in detail in the draft City Council resolution attached to this report. ANALYSIS Following is an analysis of the proposed ORBP SP and TM and their consistency with State and City of Chula Vista regulations. The main requirement of a specific plan is that it must be consistent with and implement the General Plan. The ORBP SP’s key objectives are to provide a business parkCity of Chula Vista Printed on 3/1/2018Page 5 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 292 File#:18-0047, Item#: 11. and implement the General Plan. The ORBP SP’s key objectives are to provide a business park incorporating industrial, professional office, and commercial uses to create economic opportunities in the area, provide land for future park uses and respect the Otay River floodway and Otay River Valley open space that is part of the adjacent OVRP. The ORBP SP establishes the following goals as a way to implement the General Plan vision (see Chapter 3 for a detailed list of goals, objectives and policies): 1. Create a business park that respects the character of its surroundings, incorporates a quality design for attractive buildings and street frontages, provides locations for local businesses to operate, and is an asset to the City and region. 2. Promote a quality development consistent with the goals and policies of the Chula Vista General Plan and Design Standards for the Main Street District. 3. Provide for comprehensive planning that assures the orderly development of the site in relation to its surroundings. 4. Establish development and design regulations providing for high quality and visibly attractive landscaping and building architecture. 5. Protect environmentally sensitive areas within the specific plan boundaries, and designate usable area for a future community park adjacent to the OVRP that can link to existing OVRP trails. 6. Develop a plan that is economically feasible and able to be implemented based on anticipated economic conditions such that no economic burden to the City of Chula Vista would occur. The ORBP SP is made up of the following Chapters which contain the provisions that are required by State and City Laws: Chapter 1 - Introduction Chapter 2 - Planning Considerations Chapter 3 - General Plan Vision, Goals, Objectives, and Policies Chapter 4 - Land Use & Development Regulations Chapter 5 - Design Guidelines Chapter 6 - Infrastructure and Public Facilities Chapter 7 - Plan Implementation and Administration The seven Chapters of the ORBP SP implement the 2005 General Plan, and provide a comprehensive working document that describes guidelines and standards for implementation of the future Otay River Business Park development. The document provides a detailed description of proposed land use, design guidelines, and infrastructure standards, which have been prepared to assist in creating a business park that provides upgrades and improvements to the Site and the surrounding community. The ORBP SP is being adopted by ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Site. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future developmentCity of Chula Vista Printed on 3/1/2018Page 6 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 293 File#:18-0047, Item#: 11. guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. Land Use and Development Regulations Chapter 4 of the ORBP SP establishes the appropriate use distribution and mix, intensity, physical form, and functional relationships of land uses within the ORBP SP area. The following areas shown on Exhibit 9 Specific Plan Land Use Map are included as part of the ORBP SP: 1. Planning Area 1 (Limited Commercial/Industrial) - Situated adjacent to Main Street, between Fourth Avenue and 7th Avenue at the north edge of the specific plan area. 2. Planning Area 2 (Transitional-Limited Commercial/Business Park) - Area of property south of the PA-1 (Commercial) and north of Faivre Street between Fourth Avenue and 7th Avenue, and lots adjacent to Broadway to the south of Faivre Street. 3. Planning Area 3 (Business Park) - Remainder of developed lots within the specific plan excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of 7th Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. 4. Planning Area 4 (Floodway and Habitat Area) - Located along the southern boundary of the specific plan. 5. Planning Area 5 (Future Park Site) - Situated in the eastern portion of the specific plan, from Fourth Avenue south to specific plan boundary. The ORBP SP’s land use and development regulations are intended to encourage and facilitate development of an industrial/commercial business park that will provide for both commercial and light industrial development areas. Planned land uses may consist of a variety of industrial, office, service, retail, and food services that would provide employment opportunities for residents with a range of skills and education. The proposed lots fronting on Main Street and Fourth Avenue are zoned and sized for development of a balanced mix of commercial uses along with industrial businesses, while the lots generally south of the new Faivre Street are intended to accommodate larger businesses and employment centers, providing opportunities for a wider variety of employment opportunities. The construction of new industrial and business park uses, with street and infrastructure improvements, will help to revitalize the Main Street corridor. The Site is within the OVRP boundary. To avoid possible flooding to the developed areas, the grading design shown on the TM included with the ORBP SP would elevate the building pad outside of and above the Otay River floodway, and creates a slope buffer between the building pads and the floodway planted with native species. The ORBP SP also limits uses in Planning Area 4 along the southern boundary of the specific plan to open space uses allowed in the CVMC for floodways. The OVRP Design Standards and Guidelines are referenced within the ORBP SP to guide certain architectural and site plan development within the ORBP SP area, including the future park area The proposed land uses and development regulations identified in the ORBP SP would replace the provisions of CVMC Chapter 19.44. Where the CVMC conflicts with the development standards orCity of Chula Vista Printed on 3/1/2018Page 7 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 294 File#:18-0047, Item#: 11. provisions of CVMC Chapter 19.44. Where the CVMC conflicts with the development standards or other provisions of the ORBP SP, the ORBP SP would apply; where the ORBP SP is silent, the CVMC would apply. The definitions found in CVMC Chapter 19.04 would apply to the ORBP SP, except where specific definitions are provided in the ORBP SP. Design Guidelines Chapter 5 of the ORBP SP contains design guidelines for future development within the specific plan area. The ORBP SP design guidelines would apply to both new development and the rehabilitation of older structures, and would encourage an area that is economically stronger, more recognizable, and rich in sense of place and identity. Specific design guidelines are established for Site Design (circulation, site access, parking and loading), architectural design (architectural character, building massing and scale, and exterior materials and finishes), Landscape Design (frontage improvements and entries, Otay River Valley interface, walls and fences, and signage), and Sustainable Design Strategies (Cal Green compliance, water conservation, use of renewable energy, alternative forms of mobility, etc). As future development projects within the Site are submitted to the City for permitting, projects will be subject to the standard design and architectural review process. In addition to the specific design guidelines provided in the ORBP SP, future development within the Site would be subject to the design guidelines identified in the City of Chula Vista Design Manual. Developers, designers, architects and engineers would refer to the ORBP SP’s and the City’s Design Manual Guidelines for general design guidance and preparation of plans. Plans must be consistent with those design guidelines in order to be approved by the City. Infrastructure and Public Facilities Chapter 6 of the ORBP SP describes the infrastructure and public facilities applicable to future development within the Otay River Business Park, including circulation and access, water facilities, sewer facilities, stormwater and drainage facilities, solid waste disposal, law enforcement and emergency services, schools, parks and recreation facilities, electrical facilities, and other public improvements such as streets, sidewalks, and street furnishings. The ORBP SP contains the provisions for the implementation and sequencing of the infrastructure and public facilities, commensurate with the level and sequence of Site development. The ORBP SP also contains the necessary financing strategies and tools for financing the required and necessary infrastructure improvements, including developer and project private financing mechanisms and payment of Public Facilities Development Impact Fees (PFDIF). Chapter 6 of the ORBP SP is intended to function as an equivalent to a Public Facilities Financing Plan (PFFP) for the future development of the Otay River Business Park. A PFFP is not warranted given that the Project does not have complex phasing, is an infill site, and does not create nor require significant off-site improvements whose funding and timing is in question in relation to the Project’s development sequence. Most of the improvements will be on-site to service the development, with off-site requirements being met via the payment of Development Impact Fees (DIFs), etc. Any on- and off-site requirements/timing are addressed via conditions of approval. The infrastructure and service needs, as well as funding are covered in Chapter 6 of the ORBP SP. In its current vacant and underutilized state, the Site does not generate any fiscal benefits to the City or the community. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructure improvements in andCity of Chula Vista Printed on 3/1/2018Page 8 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 295 File#:18-0047, Item#: 11. investment in the form of buildings and associated equipment and infrastructure improvements in and around the Site. In addition, the Project will generate jobs, and increase ongoing property tax and sales tax revenues. The ORBP SP is intended to implement the ILP zoning that has been on the site since the late 1980’s. The land use modifications via the ORBP SP are intended to introduce limited retail uses on the Main Street frontage, which will serve to activate the street. The introduction of a limited amount of retail represents a fiscal improvement, in and of itself, not enough to trigger a Fiscal Impact Analysis (FIA). Based on this, City staff has determined that the Project will have a positive fiscal impact, and a separate Fiscal Impact Analysis is not required. Plan Implementation and Administration Chapter 7 of the ORBP SP describes the implementation and administration strategies of the plan, including guidelines for specific plan administration, previously conforming uses, exemptions, site- specific variances, development exceptions, specific plan amendments, and specific plan review. All developments within the ORBP SP and Site that are not otherwise exempt would require submittal and approval of a Design Review Permit. Development projects would be required to comply with the land use and development regulations and the design guidelines identified in the ORBP SP. Any proposed development projects would also be required to adhere to the existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions. The ORBP SP provides that future changes should be made to the plan as the changing landscape of the Main Street District may impact the effectiveness of the implementing actions. Thus the ORBP SP authorizes the Development Services Director or his/her designee as responsible for making the determination of whether an amendment to the ORBP SP text or maps is needed based on specific criteria and procedures for said amendments. The Development Services Director shall consider and present the proposed amendment(s) to the Planning Commission and City Council for consideration and approval. Consideration of any proposed amendment to the ORBP SP shall require that the following findings be made: 1. Changes have occurred in the community since the approval of the original specific plan which warrants approving the proposed amendment; 2. The proposed amendment is consistent with the General Plan for the City of Chula Vista; 3. The proposed amendment will result in a benefit to the area within the specific plan; 4. The proposed amendment will not result in significant unmitigated impacts to adjacent properties; and 6. The proposed amendment will enable the delivery of services and public facilities to the population within the specific plan area. Consistency with the General Plan The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Main Street District and the objectives and policies to implement the vision.City of Chula Vista Printed on 3/1/2018Page 9 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 296 File#:18-0047, Item#: 11. outlines the vision for the Main Street District and the objectives and policies to implement the vision. The Main Street District is identified as one of five “Areas of Change,” which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. As indicated at the beginning of this report, the General Plan envisions the Main Street District as the continuation of limited industrial and commercial uses, which provide new employment and recreational opportunities, that is improved with attractive buildings and street frontages, and that provides for the protection of adjacent residential areas and open spaces in the vicinity. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary source for policies, guidelines, and regulations that implement the community’s vision for the Site and the Main Street District. The ORBP SP is consistent with the General Plan because it envisions and contains all the necessary elements to implement the development of a high quality industrial business park that will enhance the opportunities for contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the Project. The implementation of the ORBP SP will bring new investment, plant and equipment, and infrastructure which will improve and enhance the Site and the Main Street Corridor. It will generate employment and tax revenue for the benefit of the community and the City. The ORBP SP, as proposed, is the tool for the implementation of the General Plan, and thus it is also consistent with State Law. Environmental Review As indicated previously, the Development Services Director has reviewed the proposed ORBP SP and TM for compliance with CEQA and has conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant impacts would occur; therefore, the Development Services Director has caused the preparation of a MND IS15- 0005/MPA15-0022 and MMRP. The MND contains an environmental analysis of the potential impacts associated with implementing the proposed ORBP SP. The analysis conducted determined that, although the proposed Project could have significant environmental impacts, there would not be any significant impacts in this case because several mitigation measures described in Section F of the MND, were added to the Project. Therefore, the preparation of an Environmental Impact Report was not required. The MND has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The areas identified by the analysis as potentially having significant environmental impacts were the following: Biological Resources; Hazards/Hazardous Materials; Noise; and Transportation/Traffic. The MND provides a summary of the environmental impacts that could result from implementation of the proposed ORBP SP and identifies feasible mitigation measures that could reduce or avoid environmental impacts. These mitigation measures are listed in the MND and in the MMRP. Implementation of these mitigation measures will avoid the impacts or mitigate the impacts to a pointCity of Chula Vista Printed on 3/1/2018Page 10 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 297 File#:18-0047, Item#: 11. Implementation of these mitigation measures will avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur. Implementation of these measures has been included as conditions of approval in the TM Resolution of the City Council. Comments on the Draft MND The public review period for the MND was from November 3, 2017 to December 4, 2017. Letters of comment were received on the Draft MND from the following agencies and individuals: California State Clearing House and Planning Unit California Department of Transportation California Department of Fish and Wildlife Native American Heritage Commission City of San Diego Park and Recreation Department San Diego County, Parks and Recreation Department The letters and responses are included in the Final MND and a table with the comments and responses is attached to this report as Attachment 3. All comments received concerning the MND have been fully addressed within the Final MND. CONCLUSION The preparation of the proposed ORBP SP represents an effort by the Applicant to implement the vision and objectives of the General Plan for the Site. The ORBP SP is intended to serve as an effective tool for the planning and revitalization of the Main Street District. The purpose of the ORBP SP is the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The ORBP SP establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the Project. The ORBP SP proposes industrial and commercial lots served by new street connections to the existing street system. The ORBP SP incorporates an area for a future Community Park, as designated by the 2005 General Plan, and is situated adjacent to and above the Otay River Valley. The finished ORBP SP document represents the efforts of the Applicant and the City to improve private property and enhance and benefit adjacent neighborhoods. As proposed, the ORBP SP is consistent with and represents an effective tool for the implementation of the vision and objectives of the General Plan. Therefore, staff recommends that the City Council approve the MND and MMRP, approve the TM Resolution and adopt the Ordinance adopting the ORBP SP and related rezoning actions. 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 City of Chula Vista Printed on 3/1/2018Page 11 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 298 File#:18-0047, Item#: 11. 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 adoption of the Specific Plan and the implementation of the Tentative Map at the project level support all of the City’s major goals by providing a land use and regulatory document that will serve to promote and facilitate the implementation of a quality industrial/commercial business park. The SP establishes the land use, intensity, development regulations, design standards, and the TM will facilitate the development of the site and will ensure the provision of the primary infrastructure components that will support future development of the Project. Development of the site will bring investment which will create jobs and generate taxes; this will contribute toward the City’s operational excellence and create economic vitality. The SP incorporates an area for a future Community Park, as designated by the 2005 General Plan, and is situated adjacent to and above the Otay River Valley. Development of the future park by the City will provide the community with a needed recreational resource that will contribute to a healthy and connected community. Implementation of the SP and TM will improve the Main Street District as well as the western part of the City. CURRENT YEAR FISCAL IMPACT There is no current year or ongoing fiscal impact resulting from the processing of the actions contemplated in this report. All costs associated with processing the ORBP SP and TM are borne by the Applicant, resulting in no net fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPACT Implementation of the proposed Project will generate positive fiscal benefits for the community and the City. Currently the Site is vacant and underutilized and does not generate any fiscal benefits. As a commercial/industrial business park, the Project will provide significant new investment in the form of buildings and associated equipment and infrastructural improvements in and around the Site. The proposed industrial business park and the introduction of a limited amount of retail will generate jobs, and increase property tax and sales tax revenues. Based on this, it has been determined that the Project will generate positive fiscal impacts in both the near and long term. ATTACHMENTS 1. Location Map 2. Land Use Matrix and Map with proposed Planning Areas 3. List of Comments/Responses on the MND 4. MND 5. MMRP 6. ORBP Specific Plan 7. Tentative Map Staff Contact Miguel Z. Tapia City of Chula Vista Printed on 3/1/2018Page 12 of 12 powered by Legistar™2018-03-06 Agenda Packet Page 299 Attachment -4- CITY COUNCIL RESOLUTION NO. ____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS15-0005/MPA15-0022, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING TENTATIVE MAP PCS16-0007 FOR THE OTAY RIVER BUSINESS PARK, SUBJECT TO THE CONDITIONS LISTED IN THIS RESOLUTION I. RECITALS WHEREAS, the area of land which is the subject of this Resolution is shown on Exhibit “A,” attached hereto and incorporated into this Resolution by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street Corridor which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for approval of a Specific Plan (MPA15-0022) that would allow the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for Tentative Map (TM) PCS16-0007 to subdivide the 53-acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the “Project”); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the Impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15- 0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and 2018-03-06 Agenda Packet Page 300 WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30-day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and pursuant to Section 15088, all comments received were responded to in writing; and WHEREAS, the Development Services Director set the time and place for a public hearing of the Planning Commission on the proposed ORBP SP, Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP; and WHEREAS, at said public hearing the Planning Commission recommended through a vote of 6-0-0 that the City Council adopt the resolution approving MND IS15-0005/MPA15- 0022, adopting the MMRP, and approve TM PCS16-0007; and WHEREAS, the Development Services Director set the time and place for a hearing of the City Council of the City of Chula Vista on the proposed ORBP SP, TM, MND and MMRP and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: II. ENVIRONMENTAL REVIEW 2018-03-06 Agenda Packet Page 301 That the City Council of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, hereby approves Final MND (15-0005) and to the extent that Final MND (15-0005) concludes that the proposed mitigation measures outlined in the MND are feasible and have not been modified, superseded or withdrawn, the City Council hereby binds the City of Chula Vista to cause the implementation of said mitigation measures and that the adopted mitigation measures contained within the MMRP, a copy of which is on file in the office of the City Clerk, be expressed as conditions of Project approval. III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN BE IT FURTHER RESOLVED, that pursuant to Chula Vista Municipal Code (CVMC) 19.09.050, the City Council hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived because the Project is infill development located in a developed portion of the City where adequate public facilities exist or will be provided concurrent with development of the Project Site, therefore there are no public service, facility or phasing needs that warrant the preparation of a Public Facilities Financing Plan. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. BE IT FURTHER RESOLVED that pursuant to Government Code Section 66473.5, the City Council hereby finds that the T M, as conditioned herein for the Project, is in conformance with the elements of the City’s General Plan, based on the following Findings and substantiating facts thereto: 1. Land Use and Circulation The TM proposes to consolidate and subdivide the 53-acre Site into 14 individual lots for the redevelopment of the Site with the Otay River Business Park project, which would include a variety of industrial and commercial uses, an open space area, and a neighborhood park. The proposed TM is consistent with the General Plan and the draft Otay River Business Park land use designations. It contains all the requisite land uses to implement the proposed Otay River Business Park project. The TM for the Site, which is located along Main Street within a fully urbanized area of the City, provides all of the infrastructure services, establishes developable parcels, public improvements and public facilities that will implement the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Project incorporates an area for a future Community Park, as designated by the 2005 General Plan in this area, and is situated adjacent to and above the Otay River Valley. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures associated with existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. The proposed TM and the Otay River Business Park will provide a new development pattern at this Site with business park uses and complementary amenities for the existing community. 2018-03-06 Agenda Packet Page 302 2. Economic Development The development of an industrial park with industrial and commercial components will provide a strong employment and tax base for the City. Approval of the TM and the Otay River Business Park will help achieve the General Plan objectives that seek to promote a variety of job opportunities to improve the City’s jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. The Project will contribute to the economic base of the City by facilitating the development of a new business park in the Main Street corridor that will accommodate light industrial and office uses, along with supportive commercial uses adjacent to Main Street to serve existing facilities and neighborhoods and provide employment opportunities. The business park uses will generate tax revenue for the City and provide job opportunities for residents, which will enhance the economy and benefit the community and the City. 3. Public Facilities and Services The Otay River Business Park area is in western Chula Vista, outside of the Planned Community (PC) Zone. In the western area of the City, the Chula Vista regulatory framework has been established to encourage and manage desirable development and redevelopment, given the unique development challenges faced in this area. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, both of which may require improvements or dedications; and through payment of Development Impact Fees. The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. Each of the facilities and improvements necessary for development of the Project is discussed below and the specific location and design for these improvements are shown on the TM. Streets Development of the Otay River Business Park will include construction of one new street and improvement of existing frontage streets adjacent to the specific plan area, to provide adequate circulation for vehicles, bicycles and pedestrians. Improvements will be made to Main Street, Fourth Avenue, Broadway, Seventh Avenue, Faivre Street, and the Alley that extends from Broadway to Seventh Avenue. Improvements to these streets will include all the elements for a “Complete Street” (a balanced, connected, safe, and convenient transportation network designed to serve all users regardless of their mode (via walking, biking, and transit, or driving cars or trucks)), including street dedication and widening as required; curbs, gutters (if and where missing), contiguous sidewalks, bicycle lanes, and landscaping improvements. All circulation and access improvements shall be constructed as part of the implementation of the TM. 2018-03-06 Agenda Packet Page 303 Water Facilities Water service is provided by the Sweetwater Authority. Existing water lines are located on Main Street, Fourth Avenue, and 7th Avenue to the Project Site. Additional water lines shall be provided for water, fire services and irrigation. A water supply, with new and replacement pipes sized for the Project buildout estimates, shall be developed along 7th Avenue, the Alley, and Faivre Street, connecting to the existing lines on Main Street and Fourth Avenue and creating a looped system. Stubs will be provided for future parcels or buildings. All new water facilities shall be constructed as part of the implementation of the TM. Sewer Facilities Sewer service is provided by the City of Chula Vista. Existing sewer mains are adjacent to the Site on Main Street, and located throughout the Site in an existing City of Chula Vista easement. Based on the sewer study prepared for the Project, the existing lines have adequate capacity for the proposed land uses. New onsite sewer lines shall be provided in 7th Avenue to connect future parcels with these existing facilities. An existing sewer main easement on the Site for the City of San Diego shall be maintained, with an addition to the easement per the associated TM. All new sewer facilities shall be constructed as part of the implementation of the TM. Schools The City of Chula Vista is served by the Chula Vista Elementary School District and the Sweetwater Union High School District. Since no residential zones are included as part of the Project, there is no potential for the development of housing thus affecting the demand for school facilities within Chula Vista. Libraries Library services are provided by the City of Chula Vista. No residences are added as part of the Project that would increase population to affect the public library system of Chula Vista. Parks and Recreation The Site is not subject to the Growth Management Oversight Commission parks and recreation threshold as it is not a residential project. However, the General Plan and the Otay Valley Regional Park (OVRP) Concept Plan, which the Site is within, identify a potential future park site within the vicinity of the Site. The ORBP SP and the TM land uses designate approximately 13.9 acres as undeveloped land available for purchase by the City of Chula Vista for development of and use as a community park. 2018-03-06 Agenda Packet Page 304 4. Housing The 2005 General Plan and the proposed ORBP SP designate the Site for the development of industrial/commercial uses. The General Plan, ORBP SP or TM do not include the development of residential uses on the Site. The subject Site is suitable for development of industrial and commercial uses in compliance with the General Plan and ORBP SP. The proposed TM subdivides the Site into 12 lots for industrial and commercial development; one lot (Lot A) for a future park; and one lot (Lot B) to be left as open space. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because it is an infill project that will be served by existing public infrastructure. There are no public services, facilities, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. All infrastructure improvements shall be constructed as part of the implementation of the TM. 6. Environmental The MND and the MMRP prepared for the Project addressed the goals and policies of the Environmental Element of the General Plan and found development of the Site to be consistent with these goals and policies. As discussed herein, implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the Site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the Site will be subject to Design and Architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council finds that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the City Council finds as follows: a. The TM is consistent with applicable general and specific plans as specified in Section 65451. The TM proposes to subdivide the 53-acre Site into twelve lots that will be developed with industrial and commercial uses and one lot which will be 2018-03-06 Agenda Packet Page 305 developed with a park and one lot which will remain designated as open space. The ORBP SP establishes the regulations and standards, as well as design guidelines, for the future development of the Site. The TM incorporates the regulations and standards of the ORBP SP. b. The design of the TM has been reviewed by City staff and has been found to be consistent with applicable objectives and policies of General Plan and the ORBP SP. The TM for the Site, which is located along Main Street within a fully urbanized area of the City, has been designed to establish the developable parcels, contain all of the infrastructure services, public improvements and public facilities that will implement the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Project incorporates an area for a future Community Park, as designated by the 2005 General Plan in this area. The future development of the Site will be required to go through the City’s conceptual review and building permit processes, and will be required to comply with the permitted uses and development standards of the ORBP SP, as well as the requirements of the California Building and Fire Codes. c. The TM Site is physically suitable for the proposed industrial and commercial development as permitted by the ORBP SP as well as the proposed density of development. The Site is located along the Main Street corridor, which is an urbanized area with industrial, commercial, and residential uses, as well as the Otay River and the OVRP. d. The Site is well located and is conducive to the development of industrial and commercial uses which will improve this area of the Main Street District, generate employment and enhance the tax base for the benefit of the community. The future Industrial and commercial development will be designed to be compatible with the surrounding community and open spaces. It will also be required to meet the ORBP SP’s regulations related to building height, bulk and mass, as well as setbacks. e. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The TM as well as the ORBP SP have been reviewed for compliance with CEQA and it has been determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the City Council approved MND IS15-0005/MPA15-0022 and MMRP. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the proposed subdivision has been designed to accommodate quality industrial/commercial development with all the necessary infrastructure. The TM and future development will enhance the interface in this 2018-03-06 Agenda Packet Page 306 location through designation of land for a future community park, protection of the floodway as open space, and sensitive stormwater management and landscaping to enhance the river interface. The development will also implement the design program of the Main Street Streetscape Master Plan which will enhance the character of this corridor and neighborhood. The mix of industrial and commercial uses and future park along with protection of floodway areas of the Otay River will contribute to a healthy community by protecting resources and providing balanced, connected and sustainable land uses. g. The TM and future improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve TM PCS16-0007 for the Otay River Business Park, subject to the conditions set forth below. V. TENTATIVE MAP CONDITIONS OF APPROVAL DEVELOPMENT PLANNING CONDITIONS 1. The Applicant and/or his/her successors in interest shall subdivide and improve the Site as described in the proposed ORBP SP MPA15-0022 and T M PCS16-0007 for the Otay River Business Park, subject to the conditions listed herein. 2. The conditions imposed on this TM are approximately proportional both to the nature and extent of impact created by the proposed Project. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant, Owner or Successor-in-Interest to the Director of Development Services, or designee’s satisfaction prior to approval of the Final Map, unless otherwise specified. 3. The Project shall comply with the City of Chula Vista Standard Tentative Map Conditions, described in Section 5 of the City Subdivision Manual, as approved and amended from time to time, to the satisfaction of the Director of Development Services and City Engineer, or designees. 4. The Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1724. 5. Prior to the issuance of any Grading Permits for the Site, the Applicant and/or hers/his successors shall prepare a Soil Management Plan for review and approval by County of San Diego Department of Environmental Health (DEH) as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the Project Site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. 6. The Applicant, or his/her successors in interest, shall ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. 2018-03-06 Agenda Packet Page 307 7. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, or designees, the mitigation measures identified in the MND IS15- 0005/MPA15-0022 and MMRP within the timeframe specified in the MMRP. 8. The Applicant shall establish a funding mechanism for the perpetual maintenance and life cycle costs for the Project (including but not limited to: landscaping within the right of way; open space areas; Best Management Practice’s (BMP’s)) to the satisfaction of the City Engineer, or designee. If the Applicant chooses a Business Owner’s Association, the Applicant shall be required to enter into a “Grant of Easement and Maintenance Agreement” with the City of Chula Vista for all publically owned areas maintained by the association prior to the approval of any Final Map. 9. The Applicant shall establish a funding mechanism for perpetual maintenance of the Project including open spaces. The Applicant shall enter into a Grant of Easement and Maintenance Agreement. The table below lists standard long-term management tasks that are required for the open space areas and shall be included in the Maintenance Agreement: 10. Prior to the issuance of any Grading/Development Permits for the Site, the Applicant shall obtain Agency consultation and permitting from the United States Army Corps of Engineers (USACE) (404 nationwide permit) and Regional Water Quality Control Board (RWQCB) (401 certification). 2018-03-06 Agenda Packet Page 308 11. The Final Map shall show all the avoided wetlands, which shall be placed within an open space easement in Lots A and B. 12. The Site contains wetlands, a lake, a stream, and/or waters of the U.S. which may be subject to regulation by State and/or federal agencies, including, but not limited to, the RWQCB, USACE and the California Department of Fish and Wildlife (CDF&W). The Applicant shall consult with each agency to determine if a permit, agreement or other approval is required and to obtain all necessary permits, agreements or approvals before commencing any activity which could impact the wetlands, lake, stream, and/or waters of the U.S. on the Site. The agency contact information is provided below: U.S. Army Corps of Engineers: 5900 La Pl Ct, Carlsbad, CA 92008; (760) 602-4829; http://www.usace.army.mil/ Regional Water Quality Control Board: 2375 Northside Dr, San Diego, CA 92108; (619) 516-1990; http://www.waterboards.ca.gov/sandiego/ California Department of Fish and Wildlife: 3883 Ruffin Rd, San Diego, CA 92123; (858) 467-4201; http://www.dfg.ca.gov/ 13. Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a Clean Water Act, Section 401/404 permit issued by the RWQCB and the USACE for all project related disturbances of waters of the U.S. and/or associated wetlands shall be obtained, or provide evidence from the respective resource agency satisfactory to the Development Services Director, or designee, that such permit is not required. 14. The Final Map shall include an exhibit delineating the open space and improvements to be maintained by the Applicant, Business Association or other entity, including the common open space areas, landscaping, and bio-retention areas, to the satisfaction of the Director of Development Services and City Engineer, or designees. 15. Prior to Final Map approval and prior to the issuance of any permits by the City, the Applicant shall obtain approval of the Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) subject to compliance with the Endangered Species Act (ESA). 16. As a gesture of appreciation of the Strawberry Field's history as part of Chula Vista's historical agricultural fabric, the Design Review Permit and/or Sign Permit plans for the Site shall include a pedestal or monument marker on either side of the business park monument signs within the Site. Applicant shall consult with the City’s historic preservation staff for appropriate historical statement on said pedestal or monument marker. 17. The Design Review Permit and/or Sign Permit plans for the Site shall include the installation of a directional marker for the OVRP Trail at the project boundary along Fourth Avenue near the southwest corner intersection of Main Street. 18.Prior to the issuance of any Building Permit, the Applicant shall obtain approval of a Design Review Permit pursuant to the ORBP SP, Chula Vista Municipal Code, Design Manual, and Landscape Manual, and any other applicable regulations. 19.Landscape plans shall provide a minimum of 6’ wide landscape parkways on all streets to better support street trees and reduce the potential for infrastructure damage. 2018-03-06 Agenda Packet Page 309 20.All the proposed and required landscaping shall conform to the City’s Landscape Water Conservation Ordinance (CVMC 20.12). 21.Landscape plans shall consider tree types for suitability as street trees especially as low branching relates to on-street parking and adjacency to sidewalks and thorns on creating a potential hazard along sidewalks. 22.The landscape concept shall follow and comply with the City’s Shade Tree Policy. 23.The Applicant shall comply with all Fire Department requirement and conditions related to number and location of fire hydrants and requirements related to actual fire flow demand will be determined by the construction type and square footage of the largest building on a lot in accordance with CA Fire Code appendix B. LAND DEVELOPMENT DIVISION CONDITIONS 24.The Applicant shall comply with all applicable conditions of the City’s Standard Conditions of Approval per Section 5-300 Standardized Tentative Map Conditions of the Subdivision Manual. 25.The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private biological open space, biofiltration basins, and all BMP’s facilities located within the Project prior to the issuance of any Grading or Building Permits, whichever occurs first. 26.The associated Grading Plan for the Project shall not include any work at all in the floodway and shall not show the Final Pad or Finish Floor elevations of any structures within the floodplain. Please note that FEMA will not approve the CLOMR until the Applicant demonstrates compliance with the ESA. The Applicant shall comply with the requirements set forth in Standard Condition of Approval No. 19 of Section 5-300 Standardized Tentative Map Conditions of the Subdivision Manual. 27.The Improvement Plans for this Project shall include repair and resurface of the entire public alley between Broadway and 7th Avenue with uniform resurfacing materials designed to withstand H-20 loading to be approved by the City Engineer, or designee. The completion of the repairing and resurfacing of the alley shall be completed or bonded to the satisfaction of the City Engineer, or designee, prior to the approval of any Final Map. 28. Prior to the approval of any Final Map the Applicant shall coordinate and cause the execution of a Joint Use Agreement between the City of San Diego and City of Chula Vista for the revised alignment and co-location of the existing City of San Diego 27” sewer trunk and its associated easements along Faivre Street. 29.The Applicant shall be required to pay Land Development Fees based on the final approved Building Plans for the Project, as follows: a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) 2018-03-06 Agenda Packet Page 310 e. Other Engineering Fees as applicable per attached Master Fee Schedule. 30. All driveways shall be designated as private and shall conform to the City of Chula Vista’s sight distance requirements in accordance with Municipal Code Sections 12.12.130, and City of Chula Vista Sight Design Standard CVD-TR07B. Landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 31. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 32. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street rights of way, City easements or City-owned Open Space Lots will require an encroachment permit. 33. Prior to approval of the Grading Plans, the Applicant shall clearly identify the limits of the 100 year flood plain boundaries of the drainage way located within the Site. 34. The Applicant shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post-construction phases of the Project. Prior to any Grading Permit approval, documentation shall be provided, to the satisfaction of the City Engineer, or designee, demonstration of such compliance. 35. The Applicant shall enter into an agreement prior to approval of any Final Map to secure all Public Improvements required for the development of the Project. 36. Prior to the approval of any Building Permit, the Applicant shall submit duplicate copies of all commercial, industrial projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City’s Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drains on the Site. 37. Prior to approval of any Building Permit, the Applicant shall submit a Construction Landscape Plan for the review and approval by the City’s Landscape Architect. VI. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 2018-03-06 Agenda Packet Page 311 VII. INDEMNITY PROVISION The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval of the Project (including all environmental review) and (b) City’s approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to record this document shall indicate the Property Owner and Applicant’s desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk’s Office and known as Document No. 2016- XXX. ________________________________________________ Signature of Applicant:Date: ________________________________ Printed Name of Applicant ________________________________ _________________ Signature of Property Owner:Date: ________________________________ Printed Name of Applicant 2018-03-06 Agenda Packet Page 312 IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby approve MND IS15- 0005/MPA15-0022 and adopt the MMRP and approve TM PCS16-0007 subject to the Findings contained herein and subject to the Conditions of Approval incorporated herein and on file in the Office of the City Clerk. Exhibit “A” – Location Map Presented by:Approved as to form by: ________________________________________________ Kelly Broughton, FLSA Glen R. Googins Director of Development Services City Attorney 2018-03-06 Agenda Packet Page 313 ORDINANCE NO. ____ ORDINANCE OF THE CITY OF CHULA VISTA CONSIDERING PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION IS15- 0005/MPA15-0022 AND MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO CEQA; AND APPROVING THE SPECIFIC PLAN AND RELATED REZONINGS FOR THE OTAY RIVER BUSINESS PARK FOR THE PURPOSE OF ALLOWING SUBDIVISION AND REDEVELOPMENT OF THE PROPERTY WITH AN INDUSTRIAL/COMMERCIAL BUSINESS PARK I. Recitals. A. Specific Plan Boundaries WHEREAS, the area of land which is the subject of this Ordinance is shown on Exhibit “A,” attached hereto and incorporated into this Ordinance by this reference and includes approximately 53 gross acres of land located in the Southwest part of the City at the southwest corner of Main Street and Fourth Avenue, extending south to the City Limits and the Otay River and to Broadway on the west (Site); and WHEREAS, the Site is located within the Main Street District which is part of the Southwest area of the City and the Site was formerly known as the Nelson Sloan Property and it is now known as the Otay River Business Park (ORBP); and WHEREAS, on December 8, 2015 the development firm of Sudberry Development, Inc. (Applicant) submitted an application for Specific Plan MPA15-0022 that would allow the development of the proposed Otay River Business Park (ORBP SP), which includes limited industrial uses, as well as certain commercial uses that are not allowed by the current zoning designation; and WHEREAS, on August 9, 2016 the Applicant submitted an application for Tentative Map (TM) PCS16-0007 to subdivide the 53-acre Site into 14 individual lots for the subsequent development of an industrial park, a community park, and open space areas (the “Project”); and B. Preparation of the Specific Plan WHEREAS, on December 13, 2005 an update to the City’s General Plan was approved which provides a contemporary vision for the Main Street District as one of five “Areas of Change” within Southwest Chula Vista. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial 2018-03-06 Agenda Packet Page 314 uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses; and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the adoption of a specific plan or other zoning regulations to implement the land uses to provide for and enhance a strong business district along Main Street that can be balanced between meeting the community's economic needs and establishing a strong open space connection with the nearby neighborhoods; and WHEREAS, City staff and the Applicant determined that, given the characteristics and conditions of the Site, its current zoning limitations and the characteristics and requirements of the proposed Project, the best tool to implement the General Plan vision and goals would be the preparation and adoption of a specific plan for the Site; and WHEREAS, the ORBP SP will serve as the tool to direct and guide the development of the Main Street District toward the General Plan visions and goals by directly regulating land uses and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City’s General Plan is established in Chula Vista Municipal Code (CVMC) Chapter 19.06 and California Government Code 65860; and WHEREAS, the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters 4, 5 and 6 of the ORBP SP contain the Land Use and Development Regulations, Design Guidelines, and Infrastructure and Public Facilities, respectively, and provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and C. Preparation of Environmental Document WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has 2018-03-06 Agenda Packet Page 315 conducted Initial Study IS15-0005 in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the implementation of the Project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the impacts or mitigate the impacts to a point where clearly no significant environmental impacts would occur; therefore, the Development Services Director has caused the preparation of a Mitigated Negative Declaration (MND) IS15-0005/MPA15-0022 and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, a Notice of Preparation for the Initial Study was circulated on February 28, 2017 pursuant to CEQA Guidelines Section 15072; and WHEREAS, a Draft MND and MMRP, together with the technical reports for the Project, were issued for a 30-day public review period on November 3, 2017, and was processed through the State Clearinghouse; and WHEREAS, the public review period closed on December 4, 2017; and WHEREAS, during the public comment period, the City received comments on the Draft MND and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Sections 15086 and 15088, all comments received were responded to in writing; and D. Planning Commission Record WHEREAS, the Development Services Director set the time and place for a hearing of the Planning Commission on the proposed ORBP SP and Draft MND and TM and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the ORBP SP, TM, MND and MMRP; and WHEREAS, at said public hearing the Planning Commission recommended through a vote of 6-0-0 that the City Council approve the MND and adopt the associated MMRP, and adopt ORBP SP; and E. City Council Record WHEREAS, the Development Services Director set the time and place for a hearing of the City Council of the City of Chula Vista on the proposed ORBP SP and 2018-03-06 Agenda Packet Page 316 Draft MND and associated MMRP and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the Draft ORBP SP and MND and associated MMRP. NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: F. Environmental Determination That the City Council of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing, and all reports, evidence and testimony presented therein, which has been prepared in accordance with the requirements of CEQA and the Environmental Review Procedures of the City of Chula Vista, as set forth in the record of its proceedings, hereby considered previously approved Final MND (15-0005) and the accompanying MMRP. BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: 1. That the ORBP SP is in conformance with the City’s 2005 General Plan based on the following: The proposed ORBP SP is in conformance with and implements the 2005 General Plan. The ORBP SP is based on the vision and objectives of the General Plan for the Main Street Corridor. The General Plan largely focused on the revitalization and redevelopment of the western portion of Chula Vista. Section 8.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the Main Street Corridor and objectives and policies to implement the vision. The Main Street Corridor is identified as one of five “Areas of Change,” which are areas where more intensive development, revitalization and/or redevelopment is proposed to occur. The General Plan Vision for the Main Street District states that the Main Street District is the focus of limited industrial uses within western Chula Vista, that it has improved over the years with attractive buildings and street frontages, that it provides for the protection of adjacent residential areas and previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space, and that it allows for the restoration and protection of habitat for sensitive biological species, and provides new employment, and recreational uses. The ORBP SP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary 2018-03-06 Agenda Packet Page 317 source for policies, guidelines, and regulations that implement the community’s vision for the Otay River Business Park. Based on the above the City Council does hereby find that the proposed ORBP SP is consistent with the 2005 General Plan and that the public necessity conveniences general welfare and good planning and zoning practice support its approval and implementation. 2. That the ORBP SP has been prepared in accordance with the CVMC and the California Government Code provision governing specific plans based on the following findings of fact. Chula Vista Municipal Code Chapter 19.07 (Specific Plans) and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, specific plans may be implemented through the adoption of standard zoning ordinances and the planned community zone as provided in this title or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. The ORBP SP is being adopted by this Ordinance. All zoning related portions of the ORBP SP (i.e. land use matrix, permitted uses and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the ORBP SP boundaries. Other portions, such as the development design guidelines provide direction for future planning and public improvement efforts. Future development projects, subdivisions, public improvement projects and other implementing programs shall be consistent with the adopted ORBP SP. The ORBP SP has been prepared as an implementing document for future land uses, public improvements and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the ORBP SP (see Exhibit “B” of this Ordinance) would replace existing CVMC zoning classifications for the Site and introduce a variety of commercial uses which would be permitted along Main Street consistent with the 2005 General Plan. The City Council does hereby find that the ORBP SP has been prepared pursuant to the authority granted in CVMC Chapter 19.07 Specific Plans and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. 3. That the associated demands on public facilities and services due to development allowed by the ORBP SP are identified prior to development and will be mitigated prior to or concurrent with the development and in conformance with the City s Growth Management Ordinance CVMC 19.09, as applicable. 2018-03-06 Agenda Packet Page 318 4. That a financing program has been prepared which identifies the methods for funding for those facilities and services and insures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact: The General Plan was updated in December 2005 and created a new vision for the City. A large part of that vision focused on the revitalization and redevelopment of western Chula Vista. New growth is planned around smart growth principles such as industrial/commercial business parks that concentrate infill and redevelopment to select focus areas and corridors to protect stable single family neighborhoods, better utilize land resources, reduce environmental impacts and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the General Plan in an organized and orderly fashion. The ORBP SP implements the policies and objectives of the General Plan to direct a portion of the industrial growth expected to occur in the City over the next few years to the Main Street Corridor by providing zone changes, development regulations and design guidelines to accommodate future growth. The ORBP SP includes an assessment of the proposed distribution location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the ORBP SP and the TM for the Site includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan. Specifically, Chapters 4, 5, and 6 of the ORBP SP and the MND, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the ORBP SP, TM and MND, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact The City Council having reviewed and considered the information in the Public Hearing Draft ORBP SP, TM PCS16-0007, MND IS15-0005/MPA15-0022 and associated MMRP, and all reports evidence and testimony presented at the Public Hearing hereby finds and determines that ORBP SP Chapters 4, 5, and 6, TM PCS15-0007, MND IS15- 0005/MPA15-0022, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development and is in conformance with the City’s Growth Management Ordinance (CVMC 19.09). BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby order as follows: The City Council does hereby approve the ORBP SP and amend the City of Chula Vista Zoning Map established by Section 19.18.010 of the CVMC to rezone properties within the ORBP SP as depicted in Exhibit “B.” (Areas outside of the boundaries of Exhibit “B” would not be rezoned as part of this action.) II. Severability 2018-03-06 Agenda Packet Page 319 The City Council declares that should any provision section paragraph sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation the remaining provisions sections paragraphs sentences or words of this Ordinance shall remain in full force and effect. III. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by:Approved as to form by: ________________________________________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney Exhibits to this Resolution: Exhibit “A” – Location Map Exhibit “B” – Planning Area Map 2018-03-06 Agenda Packet Page 320 BROADWAYBEYER WYFOURTH AVMAIN ST FRESNO AVANITA ST THIRD AVDEL MONTE AVCITY OF CHULA VISTA CITY OF SAN DIEGO MONTGOMERY ELEMENTARY SCHOOL PRO JEC TLOCATION LOCATOR NORTH MPA15-0022 j:\planning\public notices\dr\mpa150022 8x10.ai SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS:SWC of Main St & Fourth Av Related cases: IS-15-0005 No Scale MPA15-0022 PROJECT APPLICANT:LOCATOR NORTH MAJOR PLANNING APPLICATIONOtay River Business ParkSpecific Plan Project Summary: Proposal for mass grading plan. Associated infrastructure (new roads, utilities, and improvements) are included, but structures are not proposed at this time. CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT 2018-03-06 Agenda Packet Page 321 2018-03-06 Agenda Packet Page 322 2018-03-06 Agenda Packet Page 323 2018-03-06 Agenda Packet Page 324 2018-03-06 Agenda Packet Page 325 2018-03-06 Agenda Packet Page 326 2018-03-06 Agenda Packet Page 327 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Response to Letters of Comment – Page 1 Mitigated Negative Declaration December 2017 OTAY RIVER BUSINESS PARK PROJECT MITIGATED NEGATIVE DECLARATION COMMENT LETTERS The following comment letters were received from agencies, organizations, and individuals during the public review of the Mitigated Negative Declaration. A copy of each comment letter along with corresponding staff responses has been included. In accordance with CEQA Guidelines Section 15204(b), review of a [mitigated] negative declaration should focus on the proposed finding that the project will not have a significant effect on the environment. According to Section 15204(b), if persons and public agencies believe that the project may have a significant effect, they should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant. Many of the comments received during public review of the Otay River Business Park Mitigated Negative Declaration did not address the adequacy and/or sufficiency of the environmental document; however, staff endeavored to provide responses as appropriate as a courtesy to the commenters. Where letters of comment have resulted in revisions to the October 2017 MND, those changes are indicated in the Final MND in strike-out/underline format (where omitted text is shown as stricken and added text is shown as underlined). Revisions that have been made to the Final MND do not affect the conclusions contained in the MND or the adequacy of the environmental document. Letter Author Address Date Representing Page Number of Letter STATE AGENCIES A Scott Morgan Director, State Clearinghouse State of California Governor’s Office of Planning and Research State Clearinghouse and Planning Unit 1400 Tenth Street/P.O. Box 3044 Sacramento, CA 95812-3044 December 5, 2017 State of California Governor’s Office of Planning and Research State Clearinghouse and Planning Unit 3 B Gail K. Sevrens Environmental Program Manager State of California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, CA 92123 December 4, 2017 State of California Department of Fish and Wildlife 5 C Gayle Totton Associate Governmental Project Analyst State of California Native American Heritage Commission 1550 Harbor Boulevard West Sacramento, CA 95961 November 14, 2017 State of California Native American Heritage Commission 7 2018-03-06 Agenda Packet Page 328 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Response to Letters of Comment – Page 2 Mitigated Negative Declaration December 2017 Letter Author Address Date Representing Page Number of Letter LOCAL AGENCIES D Keri Robinson Acting Branch Chief Development Review Branch State of California Department of Transportation District 11 4050 Taylor Street, MS 240 San Diego, CA 92110 December 6, 2017 State of California Department of Transportation 12 E Melanie Tylke Land Use & Environmental Planner III County of San Diego, Parks and Recreation 5500 Overland Ave., Ste. 410 San Diego, CA 92123 December 4, 2017 San Diego County Department of Parks and Recreation 14 F Laura Ball City of San Diego Open Space Division 202 C Street San Diego, CA 92101 December 4, 2017 City of San Diego Park and Recreation Department 15 2018-03-06 Agenda Packet Page 329 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 3 Mitigated Negative Declaration December 2017 COMMENT RESPONSE A-1 A-1 This letter acknowledges compliance with the State Clearinghouse review requirements for draft environmental documents. 2018-03-06 Agenda Packet Page 330 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 4 Mitigated Negative Declaration December 2017 COMMENT RESPONSE A-1, cont. 2018-03-06 Agenda Packet Page 331 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 5 Mitigated Negative Declaration December 2017 COMMENT RESPONSE B-1 B-1 This comment summarizes the California Department of Fish and Wildlife’s (CDFW) mandate and legal responsibilities in administering the Natural Communities Conservation Program and the CDFW’s issuance of their permit for the City’s MSCP Subarea Plan. This comment also generally summarizes the proposed project and biological resources located on the project site, as presented in the MND and Initial Study prepared for the project. 2018-03-06 Agenda Packet Page 332 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 6 Mitigated Negative Declaration December 2017 COMMENT RESPONSE B-2 B-3 B-4 B-2 The Biological Resources Section Issue C of the Initial Study Checklist has been revised to include Jurisdictional and City Wetland impacts and mitigation mentioned in Issue B. This revision is now consistent with the project description, impact analysis, and mitigation described in the MND. B-3 The proposed project development site does not include any changes, modifications or construction of the trail system. The future park is anticipated to add trail connections to the existing off-site trail system within the OVRP, but the future park trail access points have not yet been located. Per the Specific Plan associated with this project, configuration of such trails should follow the OVRP Design Standards and Guidelines, and could include such measures like fencing, if it is deemed necessary when the park is designed. However, project does not propose any new trails. Therefore, no edge effects beyond those evaluated in the MND and Initial study would occur. B-4 Comment noted. CDFW is included on the list of agencies to receive environmental documents prepared by the City of Chula Vista. 2018-03-06 Agenda Packet Page 333 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 7 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-1 C-2 C-3 C-1 A separate section for Tribal Cultural Resources was added to the Initial Study Checklist pursuant to the Final Text for tribal cultural resources updated Appendix G: Environmental Checklist Form. This new section addresses these question, as well as consultation and outreach by the City of Chula Vista, and summarize information presented in Section VI of the Initial Study that no archeological resources have been identified within the project area. C-2 As stated in the CEQA Initial Study and based on records search and the pedestrian survey, no archeological resources have been identified within the project area. The project site is not designated or listed, either individually or as part of a district, on a local, state, or national historical sites register. The approximately four-acre agricultural fields in the northern half of the project area, identified as 1720 Fourth Avenue, were previously evaluated for California Register of Historical Resources (CRHR) eligibility as a cultural landscape and recommended not eligible for the CRHR and not a historical resource for the purposes of CEQA. No historical resources would be impacted in that portion of the project area. However, if human remains and/or artifacts are found during project grading, the City and applicant will follow all State requirements relative to tribal cultural resources. C-3 Comment noted. See also response C-2. The project would not cause a substantial adverse effect to tribal cultural resources, as there are no recorded sites listed or sites eligible for listing in the California Register of Historical Resource, or in a local register of historical resources as defined by Public Resources Code Section 5020.1(k). The City of Chula Vista sent out a tribal consultation notice on February 16, 2016 and did not receive a response. No impact would result. 2018-03-06 Agenda Packet Page 334 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 8 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-3 (cont) 2018-03-06 Agenda Packet Page 335 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 9 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 C-4 Comment noted. 2018-03-06 Agenda Packet Page 336 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 10 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 (cont) 2018-03-06 Agenda Packet Page 337 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 11 Mitigated Negative Declaration December 2017 COMMENT RESPONSE C-4 (cont) 2018-03-06 Agenda Packet Page 338 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 12 Mitigated Negative Declaration December 2017 COMMENT RESPONSE D-1 D-2 D-3 D-1 Comment noted. D-2 The applicant is fully mitigating the cumulative impact through payment to the city of Chula Vista Western Transportation Development Impact Fee (WTDIF) program. Any coordination between Caltrans and the City on the WTDIF improvement project “Facility I-805-2” is outside the preview of the applicant. D-3 Comment noted. 2018-03-06 Agenda Packet Page 339 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 13 Mitigated Negative Declaration December 2017 COMMENT RESPONSE D-3 (cont) 2018-03-06 Agenda Packet Page 340 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 14 Mitigated Negative Declaration December 2017 COMMENT RESPONSE E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-1 Comment noted. The MND has been revised to accurately reference Otay Valley Regional Park in all instances. E-2 The Initial Study and MND have been revised to reflect that the entire project site is located within the OVRP. E-3 Comment noted. Comments from the County and City of San Diego have been received and addressed in this Response to Comments. E-4 The description for Area 5 has been revised to include the addition of an access road and pedestrian bridge. E-5 The MND and Initial Study evaluated a preliminary concept for the community park available at the time the environmental document was prepared. Once a final concept is developed for the park, City staff will evaluate that concept and determine if the MND/Initial Study adequately reviewed the potential environmental impacts or if there is the need for additional environmental review. Because park concepts are still in their developmental stage and a final design for the park is not yet ready for approval, there is no benefit in modifying the MND/Initial Study each time the preliminary park concept is modified and/or update. E-6 The MMRP was revised to include the method of verification, timing and the responsible party for Mitigation Measure 9. E-7 Comment noted. Comments submitted by the City of San Diego in the mentioned letter have been received and are addressed below. 2018-03-06 Agenda Packet Page 341 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 15 Mitigated Negative Declaration December 2017 COMMENT RESPONSE F-1 F-1 The requested figure is provided on the following page. 2018-03-06 Agenda Packet Page 342 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 16 Mitigated Negative Declaration December 2017 2018-03-06 Agenda Packet Page 343 LETTERS OF COMMENTS AND RESPONSES Otay River Business Park Specific Plan Responses to Letters of Comment – Page 17 Mitigated Negative Declaration December 2017 F-2 F-3 F-4 F-5 F-6 F-7 F-8 F-2 Comment noted. F-3 Section C of the MND has been revised to state the entire project site is within the boundary of the OVRP. F-4 Section C of the MND has been revised to state that the project and the design of the future Community Park would utilize the OVRP Design Standards and Guidelines. F-5 Figure 5, Otay Valley Regional Park, has been added to the MND, showing the project’s relationship to the Park. F-6 See response E-5, above. F-7 No brush management is anticipated to be necessary for the project beyond the project site. The design includes industrial development pads above the floodway, with a permanently irrigated slope of minimum 50 feet between the pads and the floodway. There is an additional approximately 100 feet to the City of Chula Vista boundary and at least 200 feet to the existing Otay River vegetation within the City of San Diego. In project site areas where there is existing vegetation (southwest corner), the project’s proposed storm water basins would ensure that all habitable structures are further than 100 feet away. The preliminary design for the future community park does not show any habitable structures within 100 feet of existing natural vegetation. Final plans of the park design would be reviewed in accordance with Chula Vista brush management regulations. F-8 Comment noted. The OVRP’s Citizen Advisory Committee has been added on the list of agencies to receive environmental documents prepared by the City of Chula Vista. 2018-03-06 Agenda Packet Page 344 1 Mitigated Negative Declaration PROJECT NAME: Otay River Business Park Specific Plan PROJECT LOCATION: Main Street and Fourth Avenue Chula Vista, CA 91911 ASSESSOR’S PARCEL NO.: APN 629-030-04, 629-030-05, 629-040-09, 629-040-10, 629-040-12, 629-040-16, 629-040-20, 629-040-23, 629- 040-24, 629-040-27, 629-050-05, 629-061-01 PROJECT APPLICANT: Sudberry Properties, Inc. CASE NO.: IS15-0005/MPA15-0022 DATE OF DRAFT DOCUMENT: October 26, 2017 DATE OF FINAL DOCUMENT: January 8, 2018 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A. Project Setting The 52.87-acre project site is located just north of the existing City of Chula Vista boundary in southern San Diego County and consists of multiple contiguous parcels. The project site is situated within the City’s Southwest Planning Area along the north side of the Otay River, east of Interstate 5 (I-5) and west of Interstate 805 (I-805). The project site is also located within the boundaries of the Otay Valley Regional Park (OVRP). It is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor and the Otay River Valley open space to the south. The project area is bordered on the north by Main Street, on the west by Broadway/Beyer Boulevard, on the east by Fourth Avenue/Beyer Way, with the Otay River along the southern boundary. The project site’s former uses have included both mining/industrial uses and agricultural uses. Approximately one-third of the property, in the area immediately south of Main Street on the eastern portion, is characterized by former agricultural row-crop fields. The majority of the project site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, and various structures associated with the previous heavy industrial uses, former concrete batch operations, and former agricultural field activities. The project site is zoned as Limited Industrial with a Precise Plan Overlay (ILP) and designated as Limited Industrial by the General Plan, with a designation for a future Community Park in the vicinity of this property. Land use within the Otay River is designated Open Space. 2018-03-06 Agenda Packet Page 345 2 The Otay River Business Park Specific Plan (Specific Plan) project includes an area set aside for a park site, which is adjacent within to the Otay Valley River Regional Park (OVRP) boundaries. The Specific Plan area is also adjacent to a parcel to the south located in the City of San Diego zoned Open Space Floodplain. The southern portion of the Specific Plan area directly adjacent to the City boundary is a planning area designated as a floodway, with limited open space uses allowed per Chula Vista Municipal Code. B. Project Description The Otay River Business Park Specific Plan project proposes business park uses and retail services to serve the existing community and proposes a Specific Plan to allow development of a high quality industrial business park with ancillary support commercial services. The proposed Specific Plan establishes the land use, intensity, development regulations, design standards, and primary infrastructure components to support future development of the project. The Specific Plan proposes industrial and commercial lots served by new street connections to the existing street system and an area for a future Community Park, as designated by the City of Chula Vista, in the area situated adjacent to and above the Otay River Valley. Planning Area 1 (Commercial) – Situated adjacent to Main Street, between Fourth Avenue and Seventh Avenue at the north edge of the Specific Plan area. Allowed uses under the commercial designation include general industry; light industry and research; services (except for major automobile repair centers, commercial recreation facilities, social organizations and hotel uses; commercial retail; and food services. Planning Area 2 (Transitional Limited Commercial/Business Park) – Area of property south of Planning Area 1 and north of Faivre Street between Fourth Avenue and Seventh Avenue, and lots adjacent to Broadway to the south of Faivre Street. Allowed uses in the transitional area include general industry; light industry and research; services (except for personal care services, commercial recreation, social organizations or hotel uses); commercial retail; and some food services. Planning Area 3 (Business Park) – Remainder of lots to be developed within the project site excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of Seventh Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. Allowed uses in the business park include general industry; light industry; services associated with medical laboratories, veterinary offices or animal hospitals, business offices, copy services, major automobile and repair centers; commercial retail including plant nurseries, and building material sales and equipment rental; and food services in the form of an accessory tasting room. Planning Area 4 (Floodway and Habitat Area) – Located along the southern boundary of the Specific Plan Area. The floodway and habitat area are designated as open space and general grading and development are not permitted within the floodway, except as allowed in CVMC 19.50.040 and subject to all regulations by FEMA and in CVMP 19.50 and 14.18. 2018-03-06 Agenda Packet Page 346 3 Planning Area 5 (Park Site) – Situated in the eastern portion of the Specific Plan Area, from Fourth Avenue south to Specific Plan boundary. Land uses within the park site are restricted to public park with related structures. This Planning Area is designated as open space and is subject to the provisions of CVMC 19.50 Flood Zone Regulations. As stated above, Planning Area 5 is designated as undeveloped land available for use as a community park. Figure 3, Preliminary Park Graphic, shows preliminary park uses that include three multi-purpose fields with lighting, two tennis courts with lighting, two basketball courts with lighting, ten picnic tables, two play areas with play equipment, restrooms/maintenance building, dog park, and open lawn areas. Support facilities for the park would include paved walkways with lighting, trail linkages to Otay River Valley Regional Park, parking lot, and ten bicycle racks. Access through the park would also be supported by an access road, with entrances off 4th Avenue and Street A and a pedestrian bridge over the existing drainage channel. C. Compliance with Zoning and Plans The Otay River Business Park Specific Plan area is regulated by the City of Chula Vista land use and zoning standards. The project site is within the ILP zone and is designated in the General Plan as Limited Industrial, with a designation for a future Community Park in the vicinity of this property. The Precise Plan Overlay of the Limited Industrial zone allows for certain industrial uses but limits others that create a greater nuisance or impact on nearby residents and businesses. Land use within the Otay River portion of the project site is designated Open Space in the Chula Vista General Plan. The park area of the Specific Plan is adjacent to the OVRP and park design would utilize the OVRP Design Standards and Guidelines. The project site is located within the OVRP boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego. The OVRP area extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area, and encompasses approximately 9,000 acres. The OVRP Concept Plan and Design Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. These documents provide direction related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The Otay River Business Park Specific Plan was prepared using the guidelines for the OVRP and incorporates the guidelines for private development in the developed portion of the site, and the design standards for the future park area and the portions of the developed site that face the future park and the Otay River Valley. D. Public Comments On February 28, 2017, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended March 13, 2017. No comments were received. 2018-03-06 Agenda Packet Page 347 4 E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that, although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F, below, have been added to the project. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Biological Resources A Biological Assessment Report was prepared by BLUE Consulting Group, dated October 16, 2017, to assess the potential biological resource impacts of the project. This report is on file and available for review with the City of Chula Vista Development Services Department. The Biological Assessment Report analyzes the potential impacts from light industrial/commercial business park development proposed for the western two-thirds of the project site, its grading impacts and dedication of the proposed open space. The Biological Assessment also addresses future development of a City park located within the eastern one- third of the property. Within the approximately 52.87-acre project site, a total of seven vegetation communities were observed on-site: southern willow scrub (SWS), disturbed open water/disturbed freshwater marsh (FWM), arundo scrub, disturbed tamarisk scrub, eucalyptus woodland, general agriculture, and urban/developed land. The project site supports jurisdictional wetlands and waters, a jurisdictional flood control channel, and the following sensitive habitat types: disturbed wetlands- freshwater marsh, tamarisk scrub, arundo scrub, and SWS. One wildlife (bird) SSC was observed on-site: the yellow warbler which has a moderate potential to nest on-site. Off-site to the south within the Otay River, two additional SSC were observed: Clark’s marsh wren and yellow-breasted chat. Least Bell’s vireo, southwestern willow flycatcher, California horned lark, Clark’s marsh wren (MAWR) and yellow-breasted chat (YBCH) were not observed on-site. However, due to the presence of potentially appropriate habitat, it has been determined that these species have a moderate chance to occur. A single sensitive plant community, identified as jurisdictional and City wetlands (SWS), was observed on-site. The 0.33 acre of SWS is located in the southwestern corner of the project site and is regarded as Army Corps of Engineers (ACOE) and California Department of Fish and Wildlife (CDFW) jurisdictional wetlands and City wetlands. No plant listed as sensitive by the Multiple Species Conservation Program (MSCP) (rare, sensitive, narrow endemic, etc.) was observed on-site. Due to the developed/highly disturbed condition of the site, no sensitive plants are expected to occur. Several other sensitive species are known to occur in the vicinity of the project site. However, due to the ruderal nature of the property, these species are not considered as potentially occurring on-site based on the historical and ongoing impacts, uses, and maintenance. 2018-03-06 Agenda Packet Page 348 5 Project Impact The project site is located within the City of Chula Vista MSCP area but outside of any Major/Minor Amendment Area, City of San Diego Multi-Habitat Planning Area (MHPA), and City of Chula Vista Preserve boundary. Jurisdictional and City wetlands were observed on-site. Development of a future City park would potentially impact 1.66 acres of FWM jurisdictional wetlands and 0.17 acres of City disturbed wetlands (arundo scrub). These impacts, totaling 1.83 acres, would require wetland compensatory mitigation and permitting in consultation with the City/ACOE/Regional Water Quality Control Board (RWQCB). To mitigate for direct impacts to jurisdictional and City wetlands, mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented reduce direct impacts to below a level of significance. As described below, potential indirect impacts resulting from the proposed development are unlikely to occur. However, because there is a potential for indirect impacts, this is regarded as an impact from the project. Nesting Birds. The proposed project both supports and is located proximate to appropriate habitat for nesting migratory birds and raptors. However, preconstruction nesting surveys shall be implemented that reduce potential impacts to below significance. Therefore, the project shall not result in potentially significant indirect impacts to nesting birds. Water Quality. The proposed project site is located proximate to an ephemeral drainage and will continue to partially drain into it, within the existing concrete brow ditches which drain into the canyon and the existing ephemeral drainage at its center. Water quality has the potential to be adversely affected by potential surface runoff and sedimentation during the construction and operation of the project; however, Best Management Practices (BMPs) would be implemented that would reduce potential impacts to below significance. Therefore, the project is not expected to decrease water quality or affect vegetation, aquatic animals, or terrestrial wildlife that depends upon the water resources. Habitat Disturbance. Development of residential, commercial, office, and/or restaurant uses typically lead to an increase in human presence on and around project sites. However, this is a re-development project which is predominantly within the pre-existing developed envelope. Therefore, while there may be an increase in total human activity in the area, the area has already absorbed the biological loss to function and value and it is unlikely that the project could lead to further fragmentation of habitat and the degradation of sensitive habitat if people or pets wandered outside the developed area. Additionally, illegal dumping of green waste, trash, and other refuse, which currently negatively impacts the adjacent habitat in the canyon, would be curtailed. Edge Effects. Edge effects occur when blocks of habitat are fragmented by development. These edges make it easier for non-native plant species to invade native habitats. Edge effects can also make it easier for both native and non-native predators to access prey that may have otherwise have been protected within large, contiguous blocks of habitat. In 2018-03-06 Agenda Packet Page 349 6 addition, the disruption of predator-prey, parasite-host, and plant-pollinator relations can occur. The proposed project would not lead to significant edge effects. The project's proposed landscape plan does not include any invasive plant species. Steep slopes that rim development areas are within the BMZ 1 and 2 and would be landscaped in Fire Marshal approved native and naturalized plant material and serve as a buffer to native habitat to the north of the project site. Additionally, the project does not affect contiguous blocks of habitat. Night-time Lighting. Development of the project site would introduce night-time lighting in the form of street and parking lights, car headlights, and residential lights. Night-time lighting on native habitats can provide nocturnal predators with an unnatural advantage over their prey. This could cause an increased loss in native wildlife that could be a significant impact unless mitigated. Nighttime lighting would be consistent with the City’s lighting requirements and would not cause significant impacts on wildlife habitat. Fugitive Dust. Fugitive dust produced by construction could disperse onto vegetation. Effects on vegetation due to airborne dust could occur adjacent to construction. A continual cover of dust may reduce the overall vigor of individual plants by reducing their photosynthetic capabilities and increasing their susceptibility to pests or disease. This, in turn, could affect animals’ dependent on these plants (e.g., seed eating rodents or insects or browsing herbivores). Fugitive dust impacts would not be considered significant because the project would be required to implement mandatory dust control requirements that ensure dust control and significant impacts would not occur. The project has the potential to result in significant indirect impacts to biological resources located adjacent to the proposed project. To mitigate potential indirect impacts associated with the project, mitigation measures presented in Section F of this Mitigated Negative Declaration would be implemented. Implementation of those measures would mitigate the potential for indirect impacts to below a level of significance. Additionally, preventative measures, as described below, are recommended to be implemented and noted as conditions of approval. • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a qualified, City approved biological monitor shall be retained by the Projects proponent and shall be on-site during clearing, grubbing, and/or grading activities. The biological monitor shall attend all preconstruction meetings and be present during the removal of any vegetation to ensure that the approved limits of disturbance are not exceeded and provide periodic monitoring of the impact area including, but not limited to, trenches, stockpiles, storage areas and protective fencing. In addition, the biological monitor shall be on site during construction to ensure that vehicles stay within the limits of the existing access road. The biological monitor shall be authorized to halt all associated Projects activities that may be in violation of the City’s MSCP Subarea Plan and/or permits issued by any other agencies having jurisdictional authority over the Projects. 2018-03-06 Agenda Packet Page 350 7 • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, all workers shall be educated by a City approved biologist to recognize and avoid those areas which have been marked as sensitive biological resources. • Prior to initiating any construction related activities, including clearing, grubbing, grading and construction, biological fencing (i.e., ESA-type fencing) shall be installed in accordance with (Chula Vista Municipal Code (CVMC) 17.35.030. Prominently colored, well-installed fencing and signage shall be in place wherever the limits of grading are adjacent to sensitive vegetation communities or other biological resources, as identified by the qualified monitoring biologist. Fencing shall remain in place during all construction activities. All temporary fencing shall be shown on grading plans for areas adjacent to and/or within the Preserve. Hazards/Hazardous Materials Geocon Incorporated prepared a Phase I and II Environmental Site Assessment Report for the proposed project (January 27, 2017). This report is on file and available for review at the City of Chula Vista Development Services Department. The northern portion of the project site was used historically for cultivated agriculture. Pesticide use on these parcels was reported in the records provided by the County of San Diego, Department of Agriculture, Weights and Measures (DAWM). Because the project site is being developed for industrial/commercial use, potential past use of pesticides and possible pesticides in the soil would not pose a significant risk to on-site users. Project Impact Based upon the age of the on-site structures, the potential exists for asbestos containing material (ACM) and/or lead-containing paints (LCP) to be present in structures at the project site. An ACM and LCP survey prior to demolition of the on-site structures to confirm the absence or presence of these materials and to determine appropriate health and safety requirements for demolition and appropriate disposal of demolition debris would be conducted. Any undocumented subsurface structures or areas of apparent contamination encountered during site redevelopment activities, including additional septic tanks, underground storage tanks (USTs), wells, etc., would be properly abandoned/removed prior to site development in accordance with County Department of Environmental Health (DEH) regulatory requirements. Based on the findings of the Phase I and Phase II records search, there is evidence of illegal dumping; and it is apparent that undocumented fill, consisting of concrete and other debris is buried in the subsurface of the site. The burial of concrete and other materials is only allowed as part of a pre-approved and planned engineered fill. Therefore, the proposed project has the potential to result in a hazard associated with undocumented fill. The project would be required to submit a Soil Management Plan for review and approval by DEH. The project would also be required to go through the DEH’s Voluntary Assistance Program (VAP) (see Section F of this Mitigated Negative Declaration). With the 2018-03-06 Agenda Packet Page 351 8 implementation of the mitigation measure presented in Section F of this Mitigated Negative Declaration, the proposed project would not create a significant hazard to the public or the environment through the release or hazardous materials into the environment. Impacts would be less than significant. Noise A Noise Analysis Report was prepared by dBF Associates, Inc. (June 14, 2017) for the proposed project. This report is on file and available for review at the City of Chula Vista Development Services Department. Project Impact Construction of the project would generate a temporary increase in noise in the project area. Short-term noise impacts would be associated with grading and construction activities of the proposed project. Construction-related short term noise levels would be higher than existing ambient noise levels in the project area, but would no longer occur once construction is completed. Construction of the project would occur within the hours designated by the City of Chula Vista and City of San Diego Municipal Codes. Construction noise levels would be below the 75 dBA Leq (12 hour) sound level allowed by the City of San Diego Municipal Code. Project construction noise impacts to residences would be less than significant. Operational noise sources associated with industrial park land uses typically include truck deliveries, loading dock activities, outdoor mechanical equipment, and maintenance activities such as parking lot sweepers and trash collection trucks. Other noise sources associated with these uses may include shop tools and forklifts. The noise levels generated by the project parcels would vary depending on the specific use. Variables include: size of equipment, location and orientation of equipment, and number and location of loading docks, parking areas, etc. Although the exact noise levels generated cannot be specifically quantified at this time because of the many variables involved, typical noise levels associated with these land uses generally range from approximately 50-75 dBA Leq at 50 feet. On-site project noise sources placed within Lots 2, 3, 4, 5, or 6 and closer than 75 feet from a project property line, could exceed City of Chula Vista Municipal Code noise limits at a residential land use. Without mitigation, the project would have the potential to generate noise levels in excess of established standards and result in a significant noise impact. Approximately 12 acres (Lot A/PA 5) of this Specific Plan area are set aside for a future Community Park site. The primary noise source associated with a park is typically children yelling and playing in designated play areas. Based on sound level measurements of similar facilities, approximately 150 elementary-aged children playing produces approximately 62 dBA Leq at 55 feet from the edge of the play area. All primary park activities would occur at least 55 feet from the park boundary. Under the assumption that no more than 150 children would utilize any discrete area of the park at any given time, the park would produce a noise level of 65 dBA Leq or less at adjacent land uses. The park would comply with the City of Chula Vista Municipal Code daytime noise limits at all adjacent permitted land uses. Project- generated community park noise impact would be less than significant. 2018-03-06 Agenda Packet Page 352 9 The proposed project would generate traffic along existing roadways in the project area. An analysis was conducted of the project’s effect on traffic noise conditions at off-site land uses. Existing-without-project traffic noise levels were compared to existing-with-project traffic noise levels. Traffic noise modeling was used to estimate noise levels at general reference distance of 50 feet from the centerline of the nearest roadway. The addition of project traffic would increase noise levels by up to 1 dBA CNEL along all project roadway segments assessed. Sound level variations of less than 3 dBA are not detectable by the typical human ear. Project-generated traffic noise impacts at off-site land uses would be less than significant. The southern project property line, which is the boundary between the cities of Chula Vista and San Diego, is also the boundary between the City of Chula Vista MSCP Preserve (Preserve) and the City of San Diego MSCP area and MHPA. The sizes and locations of the project buildings, and the mechanical equipment plans, layouts, and operations are not yet known. However, noise associated with truck deliveries, loading dock activities (including trash compactors), outdoor mechanical equipment (such as air compressors, pumps, fans and cooling towers) and maintenance activities (such as parking lot sweepers and trash collection trucks) on Lots 9, 10, 11, and 12 have the potential to exceed 60 dBA Leq within the Preserve and result in a significant noise impact. Construction related activities including clearing, grubbing, and construction on Lots 9, 10, 11 and 12 have the potential to exceed 60 dBA Leq within the Preserve and result in a significant noise impacts if performed during the breeding season of the least Bell’s vireo (March 15 to September 15), California gnatcatcher (February 15 to August 15), or southern willow flycatcher (May 1 to August 31) and the birds are present. Significant noise impacts would not occur if construction was performed outside of the breeding season or if the birds were not present. To mitigate for construction and operational noise impacts, as well as noise impacts to biological resources to below a level of significance, the mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented. Transportation/Traffic LOS Engineering, Inc. prepared a Traffic Impact Analysis for the proposed project (March 22 2017). This report is on file and available for review at the City of Chula Vista Development Services Department. As part of the Traffic Impact Analysis, two trip generation rates were applied: a driveway rate for project access points and a cumulative rate (accounts for primary and diverted trips) that was applied for all other analyzed roadways. Based on project acreage, the project driveway volumes were calculated at 7,908 average daily traffic (ADT) with 658 morning (AM) peak hour trips and 857 evening (PM) peak hour trips. The cumulative traffic volumes were calculated at 6,414 ADT with 601 AM peak hour trips and 717 PM peak hour trips. Based on the Traffic Impact Analysis, all of the study street segments were calculated to operate at LOS B or better and the intersections were calculated to operate and LOS D or better with no significant direct project impacts under existing conditions with project 2018-03-06 Agenda Packet Page 353 10 buildout. Under horizon year 2035 with project conditions, the study intersections were calculated to operate at LOS D or better, except for: 1) Intersection of Main Street/I-805 SB Ramps (LOS F AM & PM) 2) Intersection of Main Street/I-805 NB Ramps (LOS F PM) Additionally, the study segments were calculated to operate at LOS C or better, except for four study segments of Main Street from Industrial/Hollister to I-805 (LOS D daily). The project is calculated to have cumulatively significant impacts to the aforementioned two intersections and to one segment on Main Street from Third Avenue to I-805. Project Impact The project has zero (0) direct impacts and three (3) cumulative impacts. Under horizon year with project conditions, the project is calculated to have cumulative impacts at: 1) Intersection of Main Street/I-805 SB Ramps (LOS F AM & PM) 2) Intersection of Main Street/I-805 NB Ramps (LOS F PM) 3) Segment of Main Street from Third Avenue to I-805 (LOS D) To mitigate the four cumulatively significant horizon year impacts to below a level of significance, the mitigation measures listed in Section F of this Mitigated Negative Declaration would be implemented. F. Mitigation Necessary to Avoid Significant Impacts Biological Resources 1. To avoid any direct impacts to raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to September 15). If removal of habitat on the proposed area of disturbance must occur during the breeding season, a qualified, City approved biologist shall conduct a preconstruction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the reconstruction survey to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City’s Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. 2. For any work proposed during the least Bell’s vireo or southern willow flycatcher nesting season (LBV: March 15 to September 15; SWF: May 1 to August 31), prior to initiating any construction related activities, including clearing, grubbing, grading and 2018-03-06 Agenda Packet Page 354 11 construction, a preconstruction survey shall be performed in order to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area for these species shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If the species are detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site- specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee) following the review and approval of the preconstruction report. 3. Prior to the issuance of grading/development permits for the future park, additional Agency permitting and consultation would be required. The permitting agencies would be the USACE (404 nationwide permit) and RWQCB (401 certification). As part of site development as a light industrial, commercial business park, the avoided wetlands would be placed within an open space easement in Lot B, totaling 0.44 acre. 4. Impacts to the 1.66 acres of freshwater marsh would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. 5. Impacts to the 0.17 acre of arundo scrub would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Hazards and Hazardous Materials 1. Prior to City issuance of any grading plans for the site, the Project owner/permitee shall prepare a Soil Management Plan for review and approval by DEH as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the project site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. Noise 1. In order to mitigate potential operational noise impacts to existing noise-sensitive land uses, concurrent with design review and prior to the approval of building permits for Lot 2, 3, 4, 5, or 6, each applicant shall be responsible for the preparation of a lot- 2018-03-06 Agenda Packet Page 355 12 specific analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) comply with City of Chula Vista Municipal Code noise limits. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the noise limits in the City of Chula Vista Municipal Code and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. 2. In order to mitigate potential operational noise impacts to biological resources, concurrent with design review and prior to the approval of building permits for Lots 9, 10, 11 and 12, each applicant shall be responsible for the preparation of a lot- specific noise analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project lot plans Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. 3. The following measures would be implemented to mitigate potential impacts to migratory birds: • To avoid direct impacts to least Bell’s vireo, California gnatcatcher, southern willow flycatcher and other migratory birds, construction related activities shall not be performed, including clearing, grubbing, grading and construction, between February 15 to September 15, unless absence of nesting activity is confirmed. • In order to mitigate construction noise, prior to initiating any construction related activities during the least Bell’s vireo, California gnatcatcher or southern willow flycatcher breeding seasons, including clearing, grubbing, and grading, a preconstruction survey shall be performed to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. • If a nesting bird species is detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their 2018-03-06 Agenda Packet Page 356 13 respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee). • At least 10 days prior to the start of work, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from construction does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project construction plan. Transportation/Traffic 1. To mitigate for horizon year cumulative intersection impact, the applicant would pay appropriate Western Transportation Development Impact Fees (WTDIF) because the project traffic comprises less than five percent of the total background volume. The WTDIF lists a project identified as “Facility I-806-2” that includes the widening of the Main Street undercrossing (beneath I-805) for an eastbound to northbound left turn lane. With the noted improvement, the intersection operations improve to LOS C and D at these two cumulative impact locations. The percentage of project traffic as compared to horizon year traffic for the intersections, along with the WTDIF mitigation LOS, are shown below. Cumulative Impact Location Project Traffic Percentage (less than or greater than 5%) WTDIF Facility I-805-2 LOS 1) Intersection of Main Street/I-805 SB Ramp AM project trips = 129; PM background trips = 3,410 (129/3,410 = 3.8%); therefore, less than 5% PM project trips = 133; PM background trips = 4,700 (133/4,700 = 2.8%); therefore, less than 5% With noted WTDIF improvement, intersection operations improved to LOS C (AM) and LOS D (PM). 2) Intersection of Main Street/I-805 NB Ramp AM project trips = 47; PM background trips = 3,640 (47/3,640 = 1.3%); therefore, less than 5% PM project trips = 84; PM background trips = 5,270 (84/5,270 = 1.6%); therefore, less than 5% With noted WTDIF improvement, intersection operations improved to LOS C (AM) and LOS D (PM). 2. To mitigate for the horizon year cumulative segment impact, the applicant would pay appropriate WTDIF because the project traffic comprises less than five percent of the total background volume. The cumulative segment impact is no longer considered significant if the controlling ends of the segment are at acceptable LOS, which occurs with implementation of WTDIF I-805-2 as previously described. However, the WTDIF includes two projects on Main Street identified as “Facility RAS-17: Main Street Improvement from I-5 to I-805” and “Facility BP-4: Main Street bike lanes from Industrial Blvd to I-805”. The percentage of project traffic as compared to horizon year traffic for the segment and segment operations are shown below. 2018-03-06 Agenda Packet Page 357 14 Cumulative Impact Location Project Traffic Percentage (less than or greater than 5%) Segment Operations 3) Segment of Main Street from 3rd Ave to I-805 Daily project trips = 1,395; daily background trips = 31,700 (1,395/31,700 = 4.4%); therefore, less than 5% Segment LOS D is considered acceptable when the intersection LOS at Main Street/I-805 is acceptable as shown in TRAFFIC-1. 3. In addition to the required cumulative mitigation noted above, the applicant would implement the following improvements to be secured and constructed to the satisfaction of the City Engineer: a. Install a traffic signal at Main Street/Seventh Avenue (as identified in the Main Street Streetscape Master Plan approved by City Council on 9/22/15) to be completed with the development of the 2.94-acre commercial portion of the project fronting Main Street. This signal was identified in the Main Street Streetscape Master Plan; therefore, a fee credit reimbursement would be established to off-set the cost of this signal. b. Construct Street A/Faivre Street (extension of Faivre Street) from Broadway to Fourth Avenue and extend Seventh Avenue to Street A/Faivre Street. All project roadways and intersections are to be constructed at one time – no phasing is proposed. c. Install a traffic signal at Broadway/Street A/Faivre Street and close the existing driveway immediately across from Faivre Street (currently provides driveway access to Deseret Industries). Two new Deseret Industries’ driveways would be constructed on Street A/Faivre Street along their project frontage. All project roadways and intersections are to be constructed at one time – no phasing is proposed d. Install an all-way stop control for Street A/Faivre Street and Seventh Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. e. Install a traffic signal at Street A/Faivre Street/Fourth Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. f. Improve the alley located along the northerly edge of Lots 1 and 2. Improvement details and limits are included on the civil pans. Alley improvements to be completed concurrent with Street A/Faivre Street improvements. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company’s authority to and do agree to the 2018-03-06 Agenda Packet Page 358 15 mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant’s and Operator’s desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. _____________________N/A____________________________ ______________ Printed Name and Title of Operator Date (if different from Applicant) _____________________N/A____________________________ ______________ Signature of Operator Date (if different from Applicant) H. Consultation 1. Individuals and Organizations City of Chula Vista: Caroline Young, Development Planning Division Mark Caro, Land Development Division Tom Adler, Land Development Division Rima Thomas, Land Development Division David Kaplan, Land Development Division Roberto Yano, Waste Water/Engineering Division Jamal Naji, Waste Water/Engineering Division Frank Rivera, Public Works Division Darin Golden, Fire Department Cheryl Goddard, Advance Planning Division Dave McRoberts, Public Works Division Chris Bauer, Land Development Division Miguel Tapia, Development Planning Division Others: Jason Mettler, Sweetwater Authority Luis Valdez, P.E., Sweetwater Authority 2018-03-06 Agenda Packet Page 359 16 2. Documents City of Chula Vista General Plan, Adopted December 13, 2005, Amended March 2015. Otay River Business Park Specific Plan, prepared by Lightfoot Planning Group, December 2017. Biological Assessment Report for the Nelson Mine Redevelopment Project, prepared by Blue Consulting Group, October 16, 2017 Traffic Impact Analysis, prepared by LOS Engineering, Inc. March 22, 2017. Noise Analysis Report Otay River Business Park Specific Plan, prepared by dBF Associates, Inc., June 14, 2017. Phase I and II Environmental Site Assessment Report, prepared by Geocon Inc., January 27, 2017. 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. _________________________________________ Date: ______________ Steve Power Principal Planner/Project Manager 2018-03-06 Agenda Packet Page 360 17 Figure 1. Land Use Map2018-03-06 Agenda Packet Page 361 18 Figure 2. Mass Grading Plan 2018-03-06 Agenda Packet Page 362 19 Figure 3. Preliminary Park Graphic2018-03-06 Agenda Packet Page 363 20 Figure 4. Vegetation Map 2018-03-06 Agenda Packet Page 364 21 Figure 5. Otay Valley Regional Park 2018-03-06 Agenda Packet Page 365 22 Table 1. Land Use Matrix Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Residential All forms of residential use. --- --- --- --- --- Institutional Group Assembly --- --- --- --- --- Out-patient surgery centers, subject to the provisions of CVMC 19.54 and 19.58. CUP CUP CUP --- --- General Industry Manufacture, research, assembly, repair, processing, and packaging of products from raw materials. --- --- --- --- --- Manufacture, assembly, repair, and packaging of products from construction materials such as stone, clay, glass, lumber, wood, or other similar materials. P P P --- --- Beer brewing or wineries requiring a Type 23 Alcoholic Beverage Control license. P P P --- --- Distilling of liquors requiring a Type 23 Alcoholic Beverage Control license. CUP CUP CUP --- --- Graphics and art equipment, including signage. P P P --- --- Other accessory uses associated with permitted general industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other General Industry uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP P P --- --- Light Industry and Research Manufacture, research, assembly, repair, processing, and packaging of products from previously prepared materials. P P P --- --- 2018-03-06 Agenda Packet Page 366 23 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Manufacture, processing, and packaging of food products, pharmaceuticals, or similar. P P P --- --- Research, testing, processing, packaging, and associated light manufacturing of biochemical and chemical materials, electronics, pharmaceuticals, medical equipment, medical and dental labs, and compatible products and materials. P P P --- --- Businesses engaged in the storage, warehousing, distribution, or wholesale sales of products similar to permitted Light Industry and Research products. P P P --- --- Businesses engaged in the rental of self-storage units. --- --- --- --- --- Other accessory uses associated with permitted light industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other light industry and research uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Services Medical, optical and dental laboratories, not including related products for general sale or distribution except as an accessory use. P P P --- --- Medical, optical, and dental offices and clinics. P P --- --- --- Veterinarian offices or animal hospitals, subject to the provisions of CVMC 19.58.050. P P P --- --- Veterinarian offices or animal hospitals with outdoor facilities for large animals, subject to the provisions of CVMC 19.58.050. CUP CUP CUP --- --- Administrative, business or professional offices. P P P --- --- Financial offices such as banks and similar, real estate services, and other financial services. P P --- --- --- 2018-03-06 Agenda Packet Page 367 24 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Blueprinting, copy services, photographic services, printing, publishing. P P P --- --- Specialized studios for arts and crafts, photography, music, dance, art galleries, and similar, in accordance with the provisions of CVMC 19.58.220. P P --- --- --- Personal care services, such as barbershop and beauty salons and similar. P --- --- --- --- Automobile service stations, subject to the provisions of CVMC 19.58.280, and car washes subject to the provisions of CVMC 19.58.060. CUP CUP CUP --- --- Automobile minor maintenance and repair. CUP P --- --- --- Automobile major repair centers. --- CUP P Health or athletic clubs, sports and health classes and clinics, and other businesses of the same character. P P --- --- --- Commercial recreation facilities such as bowling alleys and skating rinks, subject to CVMC 19.58.040. --- --- --- --- --- Commercial recreation facilities, outdoor. --- --- --- --- --- Social or fraternal organizations subject to the provisions of CVMC 19.58.100. --- --- --- --- --- Hotels, motels, and similar uses. --- --- --- --- --- Other service and office uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial Retail Retail commercial businesses. P --- --- --- --- Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and dry-cleaners. P --- --- --- --- Building material retail sales and equipment rental. P P P --- --- Plant nurseries and the sale of related items. P P P --- --- 2018-03-06 Agenda Packet Page 368 25 Table 1. Land Use Matrix (cont.) Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Other commercial uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial, Food Services Grocery, general or specialty (such as bakery products, produce, meat, bread), with or without associated delicatessen. P --- --- --- --- Restaurants, delicatessens, coffee shops, and similar uses with associated seating. P P --- --- --- Fast food or similar uses with drive- through lanes. Limited to 3 drive- through establishments within the Specific Plan. CUP --- --- --- --- Drive-in restaurants where food is ordered from and consumed in the parked car on the premises. CUP --- --- --- --- Tasting Room, only as an accessory use to on-site brewery or distillery, or social or fraternal organization. P P P --- --- Liquor store (package, off-sale only), in accordance with the procedures of CVMC 19.58.340. CUP --- --- --- --- Bars, tasting rooms not associated with on-site brewery or distillery, and cocktail lounges. CUP CUP --- --- --- Restaurants with dance floors or areas designated for live entertainment, and night clubs. P CUP --- --- --- Other food service uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP --- --- --- Other Open Space without permanent structures, subject to the provisions of CVMC 19.50 Flood Zone Regulations. --- --- --- P P Public park with related structures such as restrooms, play areas, athletic fields, courts and similar recreational uses with associated seating, parking, lighting, and landscaping. --- --- --- --- P 2018-03-06 Agenda Packet Page 369 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments BIOLOGICAL RESOURCES T.M Pre Const. During Const. Post Cost . 1 BIO-1:To avoid any direct impacts to raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to September 15). If removal of habitat on the proposed area of disturbance must occur during the breeding season, a qualified, City approved biologist shall conduct a preconstruction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the preconstruction survey to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City’s Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 370 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 2 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 2 BIO-2: For any work proposed during the least Bell’s vireo or southern willow flycatcher nesting season (LBV: March 15 to September 15; SWF: May 1 to August 31), prior to initiating any construction related activities, including clearing, grubbing, grading and construction, a preconstruction survey shall be performed in order to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area for these species shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If the species are detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee) following the review and approval of the preconstruction report. Plan Check/Site Inspection X X Applicant/Development Services Department 3 BIO-3:Prior to the issuance of grading/development permits for the future park, additional Agency permitting and consultation would be required. The permitting agencies would be the USACE (404 nationwide permit) and RWQCB (401 certification). As part of site development as a light indsutrial, commercial business park, the avoided wetlands would be placed within an open space easement in Lot B, totaling 0.44 acre. Plan Check/Site Inspection X X Applicant/Development Services Department 4 BIO-4:Impacts to the 1.66 acres of freshwater marsh would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 371 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 3 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 5 BIO-5:Impacts to the 0.17 acre of arundo scrub would require mitigation and permitting consultation with ACOE/RWQCB. For this habitat type, the City mitigation requirements range from 1:1 to 2:1. Plan Check/Site Inspection X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 372 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 4 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments HAZARDS AND HAZARDOUS MATERIALS T.M Pre Const. During Const. Post Cost . 6 HAZARD-1:Prior to issuance of any grading plans for the site, the project owner/permittee shall prepare a Soil Management Plan for review and approval by DEH as part of DEH’s Voluntary Assistance Plan (VAP). The Soil Management Plan shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the project site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in a manner acceptable to DEH. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 373 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 5 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments NOISE T.M Pre Const. During Const. Post Cost . 7 NOISE-1:In order to mitigate potential operational noise impacts to existing noise-sensitive land uses, concurrent with design review and prior to the approval of building permits for Lot 2, 3, 4, 5, or 6, each applicant shall be responsible for the preparation of a lot-specific analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) comply with City of Chula Vista Municipal Code noise limits. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the noise limits in the City of Chula Vista Municipal Code and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet wakks mechanical equipment enclosures, silencers and/or mufflers. Plan Check X X Applicant/Development Services Department 8 NOISE-2:In order to mitigate potential operational noise impacts to biological resources, concurrent with design review and prior to the approval of building permits for Lots 9, 10, 11 and 12, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from loading docks and outdoor mechanical equipment (trash compactors, air compressors, pumps, fans and cooling towers, etc.) does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project lot plans. Noise control measures may include, but are not limited to, setbacks, sound walls, parapet walls, mechanical equipment enclosures, silencers and/or mufflers. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 374 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 6 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 9 NOISE-3:The following measures would be implemented to mitigate potential impacts to migratory birds: To avoid direct impacts to least Bell’s vireo, California gnatcatcher, southern willow flycatcher and other migratory birds, construction related activities shall not be performed, including clearing, grubbing, grading and construction between, February 15 to September 15, unless absence of nesting activity is confirmed. In order to mitigate construction noise, prior to initiating any construction related activities during the least Bell’s vireo, California gnatcatcher or southern willow flycatcher breeding seasons, including clearing, grubbing, and grading, a preconstruction survey shall be performed to determine the presence/absence of these species and extent of any occupied habitat. The preconstruction survey area shall encompass all suitable habitats within the project work zone, as well as a 300-foot buffer. The preconstruction survey shall be performed to the satisfaction of the Development Services Director (or their designee) by a qualified biologist familiar with the City of Chula Vista MSCP Subarea Plan. The results of the preconstruction survey must be submitted in a report to the Development Services Director (or their designee) for review and approval prior to initiating any construction activities. If a nesting bird species is detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species to ensure that no work shall occur within the occupied habitat during their respective nesting season and onsite noise reduction techniques have been incorporated, as appropriate. The Development Services Director (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. If the results of the preconstruction survey determine that the survey area is unoccupied, the work may commence at the discretion of the Development Services Director (or their designee). Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 375 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 7 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 10 At least 10 days prior to the start of work, each applicant shall be responsible for the preparation of a lot-specific noise analysis ensuring that noise from construction does not exceed 60 dBA Leq at the boundary of the Preserve. The analysis must identify the noise source locations, noise levels, and noise control measures, as necessary, to demonstrate compliance with the MHPA 60 dBA Leq noise limit and ensure that the appropriate measures are incorporated into the project construction plan. Plan Check X X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 376 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 8 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments TRANSPORATION/TRAFFIC T.M Pre Const. During Const. Post Cost . 11 TRAFFIC-1: To mitigate for horizon year cumulative intersection impact, the applicant would pay appropriate Western Transportation Development Impact Fees (WTDIF) because the project traffic comprises less than five percent of the total background volume. The WTDIF lists a project identified as “Facility I-806-2” that includes the widening of the Main Street undercrossing (beneath I-805) for an eastbound to northbound left turn lane. With the noted improvement, the intersection operations improve to LOS C and D at these two cumulative impact locations. Plan Check X X Applicant/Development Services Department 12 TRAFFIC-2:To mitigate for the horizon year cumulative segment impact, the applicant would pay appropriate WTDIF because the project traffic comprises less than five percent of the total background volume. The cumulative segment impact is no longer considered significant if the controlling ends of the segment are at acceptable LOS, which occurs with implementation of WTDIF I-805-2 as previously described. However, the WTDIF includes two projects on Main Street identified as “Facility RAS-17: Main Street Improvement from I-5 to I-805” and “Facility BP-4: Main Street bike lanes from Industrial Blvd to I-805”. Plan Check/Site Inspection X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 377 Otay River Business Park Project Mitigation and Monitoring Plan Mitigation Monitoring and Reporting Program Table 1 Page - 9 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No.Mitigation Measure Method of Verification Timing of Verification Responsible Party Completed Initials Date Comments 13 TRAFFIC-3: In addition to the required cumulative mitigation noted above, the applicant would implement the following improvements to be secured and constructed to the satisfaction of the City Engineer: Install a traffic signal at Main Street/Seventh Avenue (as identified in the Main Street Streetscape Master Plan approved by City Council on 9/22/15) to be completed with the development of the 2.94-acre commercial portion of the project fronting Main Street. This signal was identified in the Main Street Streetscape Master Plan; therefore, a fee credit reimbursement would be established to off-set the cost of this signal. Construct Street A/Faivre Street (extension of Faivre Street) from Broadway to Fourth Avenue and extend Seventh Avenue to Street A/Faivre Street. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Install a traffic signal at Broadway/Street A/Faivre Street and close the existing driveway immediately across from Faivre Street (currently provides driveway access to Deseret Industries). Two new Deseret Industries’ driveways would be constructed on Street A/Faivre Street along their project frontage. All project roadways and intersections are to be constructed at one time – no phasing is proposed Install an all-way stop control for Street A/Faivre Street and Seventh Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Install a traffic signal at Street A/Faivre Street/Fourth Avenue. All project roadways and intersections are to be constructed at one time – no phasing is proposed. Improve the alley located along the northerly edge of Lots 1 and 2. Improvement details and limits are included on the civil pans. Alley improvements to be completed concurrent with Street A/Faivre Street improvements. Plan Check/Site Inspection X Applicant/Development Services Department 2018-03-06 Agenda Packet Page 378 O TAY R IVER B USINESS P ARK S PECIFIC P LAN December 2017 2018-03-06 Agenda Packet Page 379 OTAY RIVER BUSINESS PARK SPECIFIC PLAN December 2017 Prepared For: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 Prepared By: The Lightfoot Planning Group 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 760-692-1924 2018-03-06 Agenda Packet Page 380 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE I Table of Contents Chapter 1 - Introduction .......................................................................................................... 1  1.1 Specific Plan Location and Boundaries .................................................................................... 1  1.2 Authority and Requirements ........................................................................................................ 3  1.3 Purpose and Intent of the Specific Plan................................................................................... 3  1.4 Relationship of the Specific Plan to the Chula Vista Municipal Code .......................... 4  1.5 Construction of Language ............................................................................................................. 4  1.6 Severability .......................................................................................................................................... 5  Chapter 2 - Planning Considerations ...................................................................................... 6  2.1 Existing Land Use & Zoning Prior to Adoption of the Specific Plan ............................ 6  2.2 Site History and Current Property Use ..................................................................................... 6  2.3 Surrounding Land Uses .................................................................................................................. 8  2.4 Physical Setting .................................................................................................................................. 8  A. Topography ............................................................................................................................ 8  B. Soils/Geology ...................................................................................................................... 11  C. Hydrology and Drainage ................................................................................................ 11  D. Biological Resources ........................................................................................................ 11  Chapter 3 - General Plan Vision, Goals, Objectives, and Policies ...................................... 17  3.1 Land Use and Transportation .................................................................................................... 18  3.2 Economic Development .............................................................................................................. 23  3.3 Public Facilities and Services Element ................................................................................... 24  3.4 Environmental Element ............................................................................................................... 25  3.5 Growth Management Element ................................................................................................. 27  3.6 General Plan Implementation ................................................................................................... 27  3.7 Statement of Consistency ........................................................................................................... 27  Chapter 4 - Land Use & Development Regulations ............................................................ 29  4.1 Purpose .............................................................................................................................................. 29  4.2 Applicability ..................................................................................................................................... 29  4.3 Land Use Plan and Map .............................................................................................................. 29  4.4 Land Use Matrix .............................................................................................................................. 32  4.5 Accessory Uses and Structures ................................................................................................. 36  4.6 Floodway and Habitat Area (Planning Area 4) ................................................................... 36  4.7 Future Park Area (Planning Area 5) ........................................................................................ 37  4.8 Biological Open Space Easement ............................................................................................ 37  4.9 Interim Uses ..................................................................................................................................... 37  4.10 Development Regulations .......................................................................................................... 37  A. Lot Size and Dimensions ................................................................................................ 37  B. Setbacks ................................................................................................................................ 38  C. Height .................................................................................................................................... 38  D. Lot Coverage ....................................................................................................................... 38  E. Floor Area Ratio ................................................................................................................. 38  F. Parking Standards ............................................................................................................. 39  G. Design Review .................................................................................................................... 40  2018-03-06 Agenda Packet Page 381 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE II Chapter 5 - Design Guidelines ............................................................................................... 41  5.1 Purpose and Intent ........................................................................................................................ 41  5.2 Site Design Guidelines ................................................................................................................. 41  A. Circulation and Site Access ........................................................................................... 41  B. Parking and Loading ........................................................................................................ 42  5.3 Architectural Design Guidelines ............................................................................................... 44  A. Architectural Character ................................................................................................... 44  B. Building Massing and Scale .......................................................................................... 44  C. Exterior Materials and Finishes .................................................................................... 45  D. Roofs and Roof-Mounted Equipment ...................................................................... 45  E. Trash Enclosures and Other Screening ..................................................................... 46  F. Exterior Lighting ................................................................................................................. 46  5.4 Landscape Design Guidelines ................................................................................................... 46  A. Landscape Objectives ...................................................................................................... 46  B. Frontage Improvements ................................................................................................. 48  C. Entries .................................................................................................................................... 54  D. Otay River Valley Interface ............................................................................................ 54  E. Bioretention ......................................................................................................................... 55  F. Future Park Area ................................................................................................................ 55  G. Planting ................................................................................................................................. 56  H. Maintenance ........................................................................................................................ 62  I. Walls and Fences ............................................................................................................... 62  J. Signage .................................................................................................................................. 64  K. Trails ....................................................................................................................................... 65  5.5 Sustainable Design Strategies .................................................................................................. 65  Chapter 6 - Infrastructure and Public Facilities ................................................................... 66  6.1 Public Facilities and Services ..................................................................................................... 67  A. Circulation and Access .................................................................................................... 67  B. Water Facilities ................................................................................................................... 70  C. Sewer Facilities ................................................................................................................... 70  D. Stormwater and Drainage Facilities ........................................................................... 71  E. Electricity ............................................................................................................................... 71  F. Solid Waste .......................................................................................................................... 75  G. Public Safety: Police Services, Fire and Emergency Services ............................ 75  H. Schools .................................................................................................................................. 75  I. Libraries ................................................................................................................................. 75  J. Parks and Recreation ....................................................................................................... 75  6.2 Construction Sequence ............................................................................................................... 76  6.3 Financing Mechanisms ................................................................................................................ 76  A. Improvement Financing .................................................................................................. 76  B. Maintenance Financing ................................................................................................... 80  Chapter 7 - Plan Implementation anD Administration ...................................................... 81  7.1 Introduction ..................................................................................................................................... 81  7.2 Specific Plan Adoption ................................................................................................................. 81  7.3 Specific Plan Administration and Development Review ................................................ 81  7.4 Existing/Nonconforming Uses .................................................................................................. 82  2018-03-06 Agenda Packet Page 382 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE III 7.5 Exemptions ....................................................................................................................................... 82  7.6 Site Specific Variance ................................................................................................................... 83  7.7 Development Exceptions ............................................................................................................ 83  7.8 Specific Plan Interpretations ...................................................................................................... 83  7.9 Specific Plan Amendment .......................................................................................................... 84  A. Major and Minor Amendments ................................................................................... 84  B. Necessary Findings ........................................................................................................... 85  2018-03-06 Agenda Packet Page 383 OTAY RIVER BUSINESS PARK SPECIFIC PLAN TABLE OF CONTENTS DECEMBER 2017 PAGE IV List of Exhibits 1. Regional Location Map .................................................................................................................... 2 2. Vicinity Map ......................................................................................................................................... 7 3. Zoning Map .......................................................................................................................................... 9 4. Existing Topography .......................................................................................................................10 5. Mass Grading Plan ...........................................................................................................................12 6. Soils Exhibit ........................................................................................................................................13 7. Flood Zone Exhibit ...........................................................................................................................14 8. Biology Exhibit ...................................................................................................................................16 9. Specific Plan Land Use Map .........................................................................................................31 10. Circulation Map .................................................................................................................................43 11. Cross Section for Main Street ......................................................................................................50 12. Cross Section for Fourth Avenue................................................................................................51 13. Cross Section for 7th Avenue ........................................................................................................52 14. Cross Section for Faivre Street ....................................................................................................53 15. Conceptual Landscape Exhibit ....................................................................................................61 16. Water Utilities ....................................................................................................................................72 17. Sewer Utilities ....................................................................................................................................73 18. Drainage Plan .....................................................................................................................................74 19. Table #1 Development Impact Fees .........................................................................................79 2018-03-06 Agenda Packet Page 384 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 1 CHAPTER 1 - INTRODUCTION The Otay River Business Park is a Specific Plan for an approximate area of 52.87 acres located just north of the existing City of Chula Vista boundary in southern San Diego County. The property is situated within the City’s Southwest Planning Area along the north side of the Otay River, east of Interstate 5 and west of Interstate 805. The property is also located within the boundaries of the Otay Valley Regional Park (OVRP). The project location is shown on Exhibit 1 Regional Map and Exhibit 2 Vicinity Map. The Otay River Business Park Specific Plan (the “Plan” or “ORBP”) envisions the development of a high quality industrial business park that will enhance the opportunities for quality, contemporary business uses with ancillary support commercial services, complementary to its surroundings. The Specific Plan establishes the land use, intensity, development regulations, design standards, and primary infrastructure components that will support future development of the project. The Specific Plan proposes industrial and commercial lots served by new street connections to the existing street system. The Plan incorporates an area for a future Community Park, as designated by the 2005 General Plan of the City of Chula Vista in this area, and is situated adjacent to and above the Otay River Valley. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various buildings and structures associated with the existing heavy industrial uses, former concrete batch operations, and former agricultural field activities. The Otay River Business Park will provide a new development pattern at this site with business park uses and complementary amenities for the existing community. 1.1 Specific Plan Location and Boundaries The property within the Otay River Business Park Specific Plan (the “Site”) is located in the southwestern portion of the City of Chula Vista, south of Main Street between Interstates 5 and 805, at Main Street and Fourth Avenue. It is within the Main Street District, which functions as a commercial-industrial service corridor, with residential neighborhoods located generally north of the corridor, and the Otay River Valley open space to the south. The Site is bordered on the north by Main Street, on the west by Broadway/Beyer Boulevard, on the east by Fourth Avenue, with the Otay River along the southern boundary. It is located approximately 1 mile east of Interstate 5 and 2 miles west of Interstate 805, and consists of multiple contiguous parcels of land. Exhibit 1 Regional Map 2018-03-06 Agenda Packet Page 385 OTAY RIVER BUSINESS PARK SPECIFIC PLANREGIONAL MAP Source: SANGIS EXHIBIT 12018-03-06 Agenda Packet Page 386 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 3 1.2 Authority and Requirements California Government Code Section 65450 et seq. grants local planning agencies the authority to prepare Specific Plans for any area covered by a General Plan, as a tool for the implementation of the General Plan. A Specific Plan can effectively establish a link between implementing policies of the General Plan and an individual development proposal in a defined area. The Otay River Business Park Specific Plan has been prepared in accordance with State Specific Plan requirements under the authority of Government Code Sections 65450-65457 and consistent with the State guidelines for the preparation of Specific Plans. This Specific Plan contains sections as required that address the following: 1. The distribution, location and extent of the use of land within the area covered by the plan. (Refer to Chapter 4) 2. The proposed distribution, location, extent, and intensity of major components of infrastructure (transportation, sewage, water, drainage, solid waste disposal, and other essential facilities) proposed to be located within the area covered by the Plan and needed to support the land uses described in the Plan. (Refer to Chapter 6) 3. The standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. (Refer to Chapters 4 and 5) 4. Implementation measures including regulations, programs, public works projects, and financing measures. (Refer to Chapter 7) 5. A statement of the relationship of the Specific Plan to the General Plan. (Refer to Chapter 3) This Specific Plan details the land use proposal for the Otay River Business Park. The Plan discusses intensity, project character, open space, compatibility with surrounding development, and development design guidelines. 1.3 Purpose and Intent of the Specific Plan The Otay River Business Park Specific Plan has been prepared to implement the City of Chula Vista General Plan, and provides a comprehensive working document that describes guidelines and standards for implementation of the development. The document provides a detailed description of proposed land use and infrastructure requirements. Design and development standards have been prepared to assist in creating a business park that provides upgrades and improvements from the prior site land uses, in a way that complements the surrounding community. Careful consideration has been taken in terms of scale, character, intensity, lot size, architectural and site development standards for the Specific Plan. The key objectives are to provide a business park incorporating industrial, professional office, 2018-03-06 Agenda Packet Page 387 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 4 and commercial uses to create economic opportunities in the area, provide land for future park uses and respect the Otay River floodway and Otay River Valley open space that is part of the adjacent Otay Valley Regional Park. Goals for the Otay River Business Park Specific Plan are established as follows: 1. Create a business park that respects the character of its surroundings, incorporates a quality design for attractive buildings and street frontages, provides locations for local businesses to operate, and is an asset to the City and region. 2. Promote a quality development consistent with the goals and policies of the Chula Vista General Plan and Design Standards for the Main Street District. 3. Provide for comprehensive planning that assures the orderly development of the site in relation to its surroundings. 4. Establish development and design regulations providing for high quality and visibly attractive landscaping and building architecture. 5. Protect environmentally sensitive areas within the Specific Plan boundaries, and designate usable area for a future community park adjacent to the Otay Valley River Regional Park that can link to existing OVRP trails. 6. Develop a Plan that is economically feasible and able to be implemented based on anticipated economic conditions such that no economic burden to the City of Chula Vista would occur. 1.4 Relationship of the Specific Plan to the Chula Vista Municipal Code The Otay River Business Park Specific Plan conforms to and implements the Chula Vista General Plan. It is a legislative document including a new set of zoning standards for the property that, in concert with other portions of the Municipal Code, will be applied to new project development. Where there is a conflict between the provisions of this Specific Plan and other sections of the Chula Vista Municipal Code, the provisions of this Specific Plan shall prevail. Where this Specific Plan does not address a standard or regulation, the existing provisions of the municipal code shall apply. The Otay River Business Park Specific Plan will be reviewed by the City of Chula Vista and will ultimately be considered by the Planning Commission and City Council. The Council will have final review and approval authority. 1.5 Construction of Language As used in this Specific Plan, the terms “shall” means mandatory or required; “should” means recommended or desired; and “may” means optional. Where stated, numerical metrics take precedence over graphic metrics. 2018-03-06 Agenda Packet Page 388 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 1 – INTRODUCTION DECEMBER 2017 PAGE 5 1.6 Severability If any term, provision or condition of this Specific Plan is determined invalid, void or unenforceable, the remainder of this Specific Plan shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Specific Plan. 2018-03-06 Agenda Packet Page 389 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 6 CHAPTER 2 - PLANNING CONSIDERATIONS 2.1 Existing Land Use & Zoning Prior to Adoption of the Specific Plan The Otay River Business Park area is currently regulated by the City of Chula Vista land use and zoning standards. The 52.87-acre property is within the Southwest Planning Area and the Main Street District, and designated as Limited Industrial by the Chula Vista General Plan, with a designation for a future Community Park in the vicinity of this property. Land use within the Otay River is designated Open Space. Zoning on this site is ILP-Limited Industrial with a Precise Plan Overlay, the purpose of which is to allow for certain industrial uses but limiting others that create a greater nuisance or impact on nearby residents and businesses. The Main Street Corridor between Interstate 5 and Interstate 805 is currently dominated by a mixture of commercial and light industrial uses with several areas, including part of the Specific Plan site, used for heavy industry. The Specific Plan site is located within the Otay Valley Regional Park (OVRP) boundaries. The OVRP was established in the early 1990’s between the City of Chula Vista, City of San Diego and County of San Diego and extends over 11 miles along the Otay River from the southeastern edge of the South Bay Wildlife Refuge through the Otay River Valley to the land surrounding the Otay Lakes area. The OVRP Concept Plan and the Design Standards and Guidelines are the documents that provide the framework for direction and guidance for parkland acquisition, development efforts, and evaluations of private development that may potentially affect the OVRP. These documents provide direction related to trails and landscape treatment for improvements within public lands as well as private development that is located within the OVRP. The Concept Plan does not preclude development of private lands that are located within its boundaries. The Otay River Business Park Specific Plan was prepared using the guidelines for the OVRP and incorporates the guidelines for private development in the developed portion of the site, and the design standards for the future park area and portions of the developed site that face the future park and the Otay River Valley. Exhibit 2 Vicinity Aerial Map 2.2 Site History and Current Property Use The Specific Plan site uses have included both mining/industrial uses and agricultural uses for many decades. About one third of the property, in the area immediately south of Main Street, is characterized by former agricultural row-crop fields, which had been one of the last remnants of the broader agricultural operations throughout this area during the early to mid-1900s. The majority of the property includes disturbed and developed areas associated with the former heavy industry activities of sand mining and concrete batch plant operations, begun by 1928. Batch plant operations expanded, with associated structures built by 1948. Additional administration buildings and aggregate conveyers were added in the 1960’s and 2018-03-06 Agenda Packet Page 390 OTAY RIVER BUSINESS PARK SPECIFIC PLANVICINITY MAP Source: SANGIS, nearmap imagery EXHIBIT 22018-03-06 Agenda Packet Page 391 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 8 1970’s and the operations remained until the mid-2000’s. In the westerly portion of the property were various industrial businesses, such as auto repair facilities and sales of marine and vehicular items constructed during the 1960’s-1970’s, all of which are no longer in operation and have been removed from the site. The majority of the Site has been graded or disturbed, with both paved and unpaved parking, driveways and roads throughout the parcels, various structures associated with the former uses, including the concrete batch operations. 2.3 Surrounding Land Uses The northwest corner of the area between Broadway and 7th Avenue and south of Main Street contains developments outside the Specific Plan comprising various commercial establishments including a gas station, repair shops, a thrift store, and one apartment complex across 7th Avenue from the Site along Main Street. Otherwise, Main Street is largely industrial and commercial in character, with residential neighborhoods located to the north of this corridor. Commercial uses focused on automotive repair and sales are across Main Street from the Site to the north. East of the site across Fourth Avenue are commercial uses and a self-storage facility. Adjacent to the Site between Fourth Avenue and the Otay River is open space property owned by the City of Chula Vista. Additional commercial and light industrial uses, along with an aggregate concrete plant, are across Broadway. South of the site is a previously graded portion of the former concrete batch plant operation that is within the City of San Diego boundary and not included in the Specific Plan. The Otay River channel is south of this parcel and contains dirt walking paths. No other development is present in the channel. Exhibit 3 Zoning Map 2.4 Physical Setting A. Topography The site has been previously graded, and slopes generally from the northeast, at about 55 feet above mean sea level (AMSL), down to the southwest corner, at about 32 feet AMSL. Exhibit 4 Existing Topography The proposed mass grading plan for this Specific Plan establishes future building pad areas, new street alignments, major stormwater systems, and elevates the building areas for future structures at least one foot above the 100- year floodplain. North of Faivre Street, the property will retain a high point of about 55 feet AMSL in the northeast corner, sloping down to 50 feet AMSL to 2018-03-06 Agenda Packet Page 392 OTAY RIVER BUSINESS PARKSPECIFIC PLANZONING EXHIBITSource: SANGIS, City of Chula VistaEXHIBIT32018-03-06 Agenda PacketPage 393 OTAY RIVER BUSINESS PARKSPECIFIC PLANEXISTING TOPOGRAPHYSource: SANGIS 8-15, K&S EngineeringEXHIBIT42018-03-06 Agenda PacketPage 394 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 11 the proposed desilt basin #9. South of Faivre Street, the proposed grading starts at about 50 feet AMSL on the eastern portion adjacent to the future park space and drops to about 45 feet AMSL near the southwest corner of the site, with a slope along the southern boundary of the graded portion of the property. Exhibit 5 Mass Grading Plan B. Soils/Geology In the central and southern portion of the site, undocumented fill consisting of a wide variety of fine to very coarse material is present at about 10 to 30 feet thick. Under this undocumented fill is a layer 20 to 30 feet thick of young alluvium. Groundwater is present in lower elevations about 10-15 feet below surface and may require soil stabilization. The Site is about 5 miles east of the Newport-Inglewood/Rose Canyon Fault Zone and no faults (active or inactive) traverse the Site. Current soil conditions are at moderately high risk of liquefaction due to the soil conditions and presence of near-surface groundwater, and will require additional investigation prior to the development of a precise grading plan. Exhibit 6 Soils Exhibit C. Hydrology and Drainage Portions of the site are within the Otay River floodway and floodplain. The elevation of the southern portion of the Specific Plan site will be raised so that the final graded building pads would be out of the existing floodplain. The Savage Dam on Lower Otay Lake is located approximately 10 miles to the east, and a dam breach would inundate extensive areas downstream. The entire Specific Plan site is within the inundation area that would be associated with a breach of the Savage Dam at Lower Otay Lakes. Exhibit 7 Flood Zone Exhibit D. Biological Resources The Site is located within the City of Chula Vista Multiple Species Conservation Program (MSCP). Within the Site, the following vegetation communities were found based on the current survey by BLUE Consulting Group: 1. Southern Willow Scrub: Approximately 0.33 acres onsite adjacent to the southern, southwestern boundary, and offsite adjacent to the eastern property lines. 2018-03-06 Agenda Packet Page 395 Otay RiveR Business PaRksPecific PlanMass GRadinG PlanSource: SANGIS 8-15, K&S EngineeringexhiBit52018-03-06 Agenda PacketPage 396 OTAY RIVER BUSINESS PARKSPECIFIC PLANSOILS EXHIBITSource: GEOCON, IncorporatedEXHIBIT6*Not to scale. Please refer to the geotechnical report for full drawing details.2018-03-06 Agenda PacketPage 397 OTAY RIVER BUSINESS PARKSPECIFIC PLANFLOOD ZONE EXHIBITSource:SANGIS 8-15FEMAEXHIBIT7FEMA Panel 2154, MAY 16, 20122018-03-06 Agenda PacketPage 398 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 2 – PLANNING CONSIDERATIONS DECEMBER 2017 PAGE 15 2. Eucalyptus Woodland: Approximately 0.5 acres onsite around the flood control channel. 3. General Agriculture: Approximately 8.61 acres of former agricultural fields at the northern portion of the Site. 4. Arundo Scrub: Approximately 0.74 acres within the Southern Willow Scrub community, around the retention basins, and within the flood control channel. 5. Tamarisk Scrub: Approximately 0.05 acre near the southern edge of the property. 6. Freshwater Marsh: Approximately 1.66 acres within the former mining basins. 7. Urban/Developed Land: Approximately 41.03 acres. The Southern Willow Scrub in the southwest corner and Freshwater Marsh in portions of the future park area are considered Sensitive Plant Communities, but no sensitive plant species were observed onsite. No sensitive animal species were observed onsite except for one Yellow Warbler bird which is a Species of Special Concern. It was observed in one of the former mining basins in the future park area. Chapter 4, Section 4.6 of this Specific Plan establishes criteria to limit grading in and adjacent to these areas. Urban/developed areas and agricultural areas onsite lack the resources to support wildlife, and only birds and evidence of mammals common to urban areas and the type of surrounding vegetation are present. Mature trees onsite provide a potential for nesting sites although no sensitive bird or mammal species are known to be present. Potential habitat for reptiles and amphibians is possible in the retention basins, depending on water flows, but none are currently present. No vernal pools or potential invertebrate habitat are onsite. Exhibit 8 Biology Exhibit 2018-03-06 Agenda Packet Page 399 Otay RiveR Business PaRksPecific PlanPROject imPacts, PaRk/OPen sPaceSource: BLUE Consulting GroupexhiBit8Not to scale.2018-03-06 Agenda PacketPage 400 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 17 CHAPTER 3 - GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES The Chula Vista General Plan sets forth a series of goals, objectives and policies for the attainment of the community’s collective vision of the City. A summary of how this Otay River Business Park Specific Plan achieves or helps to implement the goals, objectives, and policies of the General Plan, and therefore is consistent with the applicable goals and policies of the General Plan, is presented in this Chapter. To reduce the length of this General Plan Consistency Analysis, this Chapter does not assess Specific Plan consistency with every goal or policy included in the adopted General Plan. Instead, it focuses on the goals and policies relevant to the land uses and development within the Specific Plan area Eight major themes support Chula Vista's vision for the future and provide a foundation for the policies and action programs of the General Plan. These themes represent the City's core values, which are also reflected in the Otay River Business Park Specific Plan (ORBPSP) as summarized below: Theme 1 Strong Community Character and Image – The ORBPSP is adjacent to the Otay River, one of the unique physical features of the community that provide open space, trails, and recreational opportunities within the Otay Valley Regional Park (OVRP). The Specific Plan will enhance the interface in this location through designation of land for a future community park, protection of the floodway as open space, and sensitive stormwater management and landscaping to enhance the river interface. The Specific Plan design also implements the design program of the Main Street Streetscape Master Plan which will enhance the character of this corridor and neighborhood. Theme 2 Healthy and Sustainable Economy – The Specific Plan will accommodate expansion of the local economy by providing for a broad range of business and employment opportunities, along with the improvement of local facilities and services to enhance quality of life. Future development in accordance with the ORBPSP will provide public facilities concurrent with need. Development under the ORBPSP represents an investment in new uses for this former mining site that will create opportunities to attract new businesses to enhance the City’s economic vitality. Theme 3 Strong and Safe Neighborhoods – The ORBPSP will create new employment opportunities and businesses within the community, along with new street connections through the area, and will set aside land for a future park in a neighborhood that has been identified in the General Plan to need additional park acreage. The new ORBP will help create an appealing area to shop, work and play, enhancing the nearby neighborhood. Theme 4 Improved Mobility – The ORBPSP provides for new street connections, incorporating landscaped sidewalks and bike lanes to serve pedestrians and bicyclists connecting to existing and future facilities and transit service in the immediate vicinity. The design elements of the Main Street Streetscape Master Plan will be implemented along the project frontage for this major east/west corridor. 2018-03-06 Agenda Packet Page 401 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 18 Theme 5 Healthy and Sustainable Environment – The ORBPSP is located adjacent to the Otay River Valley greenbelt and within the OVRP, and addresses protection of the floodway in permanent open space, transitional vegetation for protection of nearby habitat areas, as well as state of the art stormwater protections. The mix of uses, including industrial, commercial and future park uses, along with protection of floodway areas of the Otay River, will contribute to a healthy community by protecting resources and providing balanced, connected and sustainable land uses. Theme 6 High Quality Community Services – The Specific Plan incorporates the City’s requirements to ensure that services and infrastructure expand to match needs created by growth and redevelopment. Theme 7 Effective Growth Management and Plan Implementation – The ORBPSP refines the identified General Plan goals for industrial uses at this site, incorporating elements to serve a variety of community interests, including nearby employees, residents and businesses. This includes a mix of land uses that provide for jobs, services and shopping along with recreation (future park site, bicycle and pedestrian linkages). Theme 8 Shaping the Future Through the Present and Past - The ORBPSP includes landscape design features, including project corners landscaped to simulate the appearance or row crops and the inclusion of signage recognizing the agricultural history of the site, to respect and acknowledge the former agricultural heritage in this area. Additionally, the Specific Plan provides for implementation of the Streetscape Master Plan for Main Street, and addresses compatible land uses and edge transitions to existing and future uses, including the OVRP and future park site. In order to implement the City’s vision and themes, specific objectives and policies are established by the General Plan. The following discussion lists and describes those that are being implemented by the Otay River Business Park Specific Plan. 3.1 Land Use and Transportation Objective LUT-1 Provide a balance of residential and non-residential development throughout the City that achieves a vibrant development pattern, enhances the character of the City, and meets the present and future needs of all residents and businesses. Policies: LUT 1.5 Endeavor to create a mixture of employment opportunities for citizens at all economic levels. LUT 1.6 Attract and maintain land uses that generate revenue for the City of Chula Vista, while maintaining a balance of other community needs, such as housing, jobs, open space, and public facilities. LUT 1.15 Allow office uses that are associated with complementary commercial service businesses in commercial service areas. 2018-03-06 Agenda Packet Page 402 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 19 The Otay River Business Park Specific Plan allows for the development on the site of a former aggregate mine and concrete batch operation, heavy industrial uses and agricultural uses, into a Business Park that will provide for both commercial and light industrial development areas. Planned land uses may consist of a variety of industrial, office, service, retail, and food services that would provide employment opportunities for residents with a range of skills and education. The Specific Plan land uses include reserving a portion of the site and making it available for purchase by the City of Chula Vista for use as a public park, consistent with the General Plan land use map, in an area that can provide community recreation amenities, and complement existing open space within the Otay River Valley. Objective LUT-6 Ensure adjacent land uses are compatible with one another. Policies: LUT 6.1 Ensure, through adherence to design guidelines and zoning standards, that the design review process guarantees excellence in design and that new construction and alterations to existing buildings are compatible with the best character elements of the area. The Specific Plan establishes customized design guidelines and development standards for the ORBP to set the required and recommended characteristics of future development to ensure a quality project. These incorporate elements consistent with the Main Street Streetscape Master Plan, recognize the proximity to the Otay River with transitional buffer requirements, and will support a quality Business Park environment. Objective LUT-7 Appropriate transitions should be provided between land uses. Policies: LUT 7.4 Require landscape and/or open space buffers to maintain a naturalized or softer edge for proposed private development directly adjacent to natural and public open space areas. The Otay River Business Park Specific Plan includes an area set aside for future purchase by the City of Chula Vista for a park site. Landscaping is required between the proposed Business Park and the park planning area, and on both sides of any proposed walls along this boundary. The Specific Plan area is also adjacent to a parcel to the south in the City of San Diego zoned Open Space Floodplain. The southern portion of the Specific Plan directly adjacent to the City boundary is a planning area designated as a floodway, with limited open space uses allowed (per Chula Vista Municipal Code, Section 19.50.040). Between the floodway and the building pads is a slope that is to be planted with native plant species appropriate for a slope as a transitional buffer between the River and the business park. Landscaping is required on both sides of any wall that is proposed along the top of this slope. 2018-03-06 Agenda Packet Page 403 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 20 Objective LUT-10 Create attractive street environments that complement private and public properties, create attractive public rights-of-way, and provide visual interest for residents and visitors. Policies: LUT 10.5 Require undergrounding of utilities on private property and develop a priority based program of utility undergrounding along public rights-of-way. Power poles within the Specific Plan boundaries or directly adjacent to the Plan boundaries are required to be undergrounded by the Site developer, except where the poles are providing power to existing uses. Objective LUT-11 Ensure that buildings and related site improvements for public and private development are well-designed and compatible with surrounding properties and districts. Policies: LUT 11.2 Promote and place a high priority on quality architecture, landscape, and site design to enhance the image of Chula Vista, and create a vital and attractive environment for businesses, residents, and visitors. LUT 11.3 The City shall, through the development of regulations and guidelines, ensure that good project landscape and site design creates places that are well-planned; attractive; efficient; safe; and pedestrian-friendly. LUT 11.4 Actively promote architectural and design excellence in buildings, open space, and urban design. The Otay River Business Park Specific Plan sets forth standards governing site layout, building design, and landscape design in order to create a high quality project along the Main Street commercial corridor. Objective LUT-18 Reduce traffic demand through Transportation Demand Management (TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction measures. Policies: LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling and walking, and encourage public transit ridership on existing and future transit routes. LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians. The Specific Plan supports alternative transportation by including the requirement for bicycle lanes on both sides of all interior streets, and along the project boundary on Fourth Avenue and Main Street available to connect to future off-site bicycle lanes on surrounding streets. Non-contiguous sidewalks will be constructed throughout all streets within and directly adjacent to project boundaries (except for 2018-03-06 Agenda Packet Page 404 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 21 existing sidewalk along Broadway) to connect with existing City sidewalks, enhance the pedestrian experience, and meet the standards of the Main Street Streetscape Master Plan along Main Street. The sidewalk and parkway widths along Main Street are sized according to the Main Street Streetscape Master Plan. Should a future bus stop be designated along the project boundary, space will be available for transit stop amenities (such as bench, shelter, trash can) due to the width of landscaped areas provided adjacent to all streets. Objective LUT-23 Promote the use of non-polluting and renewable alternatives for mobility through a system of bicycle and pedestrian paths and trails that are safe, attractive and convenient forms of transportation. Policies: LUT 23.8a Use traffic calming techniques to improve integration between pedestrians, bicyclists and motor vehicles. LUT 23.8b Ensure that pedestrian routes and sidewalks are integrated into continuous networks. LUT 23.8c Establish street/sidewalk/trail design guidelines that accommodate a range of users; including access for disabled and bicyclists where feasible. LUT 23.10 Promote the system of trails envisioned within the Chula Vista Greenbelt. LUT 23.11 Implement recommendations of the City's Bikeway Master Plan and Greenbelt Master Plan. LUT 23.14 Require new development projects to provide internal bikeway systems with connections to the citywide bicycle networks. The Specific Plan infrastructure design includes non-contiguous sidewalks along both sides of Faivre Street, both sides of 7th Avenue (except adjacent to existing offsite apartment building in order to protect existing mature trees and adjacent improvements), Fourth Avenue, and the project frontage along Main Street, consistent with the design parameters of the approved Main Street Streetscape Master Plan. The use of landscape between the street and sidewalk will enhance the pedestrian experience throughout the Specific Plan area. All corner ramps will meet ADA standards. Bicycle lanes are required as part of circulation and access improvements to the site, and the Specific Plan encourages businesses to provide locker room and shower facilities for employees commuting by bike. The Future Park area is within the OVRP and provides opportunities for trail connections to existing OVRP trails. The Specific Plan notes the requirement for park design to use the OVRP Design Standards and Guidelines and the Chula Vista Greenbelt Trail guidelines. Southwest Planning Area – Main Street District: The ORBP Specific Plan is located within the Main Street District, which extends between Interstate 5 and Interstate 805, and functions as a commercial-industrial service area. It interfaces with the Otay Town residential neighborhoods north of Main Street and with the Otay River Valley open space to the south. The Main Street 2018-03-06 Agenda Packet Page 405 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 22 District is the focus of limited industrial uses within western Chula Vista. The General plan notes that the appearance of this heavily traveled thoroughfare has improved over the years due to conformance with design standards that encourage attractive buildings and street frontages. The former mining activities within and adjacent to open space areas have ceased, and the district is envisioned to include a balance between restoration of habitat, new employment and other recreation uses. The City adopted the Main Street Streetscape Plan which includes more specific goals for the Main Street frontage (discussed later in this Specific Plan). The ORBP Specific Plan will continue to implement the intent for attractive buildings, streetscape design for Main Street, and would extend the pedestrian and landscape elements to other streets in the new business park. The uses allowed by the Specific Plan include a range of industrial, office and support retail for new employment, as well as preservation of existing habitat areas onsite, and designation of a potential community park site as indicated by the General Plan Land Use Element. Objective LUT-45 Provide for and enhance a strong business district along Main Street that can be balanced between meeting the community's economic needs and establishing a strong open space connection with the nearby neighborhoods. Policies: LUT 45.2 Explore opportunities to restore sensitive habitat areas between Broadway and Beyer Way where mining activities currently exist, through state mandated mining reclamation plans. As of November 2012, the former mine on the project site was determined to be reclaimed with no outstanding reclamation liabilities, per the California Office of Mine Reclamation. A small amount of sensitive habitat was located on the site in the southwest corner, and is being protected by the Specific Plan which prohibits grading or disturbing the area, and creates a buffer between this area and the development. The Specific Plan also provides for the slope area between the floodway and development pad areas to be revegetated with native species to provide a transitional buffer to the parcel to the south and the Otay River Valley. LUT 45.3 Explore opportunities to provide sensitively designed active recreation parks adjacent to the Otay River Valley to meet local, as well as regional, park needs. The Specific Plan sets aside a portion of the site for future purchase by the City of Chula Vista to create a community park between Fourth Avenue, Faivre Street and the Otay River Valley. LUT 45.6 Maintain Main Street primarily as a limited industrial corridor. The Specific Plan will provide for new business park uses in the Main Street corridor that will accommodate light industrial and office uses, along with supportive commercial uses adjacent to Main Street to serve existing facilities and neighborhoods and provide employment opportunities. The business park uses will generate tax revenue for the City and provide job opportunities for residents. 2018-03-06 Agenda Packet Page 406 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 23 LUT 45.11 Allow a maximum floor area ratio of 0.5 and low-rise buildings in Limited Industrial designated areas in the Main Street Corridor. The Specific Plan regulations specify a Floor Area Ratio of 0.5 in Planning Area 1 adjacent to Main Street, as well as Planning Areas 2 and 3. Maximum height allowed by the Specific Plan is limited to 45-feet. LUT 45.13 The appropriate Specific Plans for the Main Street Corridor shall include design guidelines and standards that address urban development adjacent to the Otay Valley Regional Park. The Specific Plan site is within the Otay Valley Regional Park (OVRP) boundary. To avoid possible flooding to the developed areas, the grading design shown on the tentative map included with the Otay River Business Park Specific Plan would elevate the building pad above the Otay River floodway, and creates a slope buffer between the building pads and the floodway planted with native species. The Plan also limits uses in Planning Area 4 along the southern boundary of the Specific Plan to open space uses allowed in the Chula Vista Municipal Code for floodways. The OVRP Design Standards and Guidelines are referenced within the SP to guide certain architectural and site plan development within the SP area, including the future park area. LUT 45.15 Community amenities to be considered for the Main Street District as part of any incentive program should include, but not be limited to those listed in Policy LUT 27.1. The Specific Plan incorporates several of the community benefits and amenities as indicated in Policy LUT 27.1, such as improvements of all streetscapes on existing streets around the site and new streets within the Specific Plan, creating through- block connections by requiring sidewalks and bike lanes to connect public rights-of- way, and pedestrian path improvements with landscaping adjacent to all sidewalks for a more pleasant pedestrian experience. Additional land is being made available for the City to purchase and develop as a community park. Within the developed area of the Specific Plan, lots are large enough to accommodate larger businesses that could provide greater opportunities for employment by residents. 3.2 Economic Development Objective ED-1 Provide a diverse economic base for the City of Chula Vista. Policies: ED 1.4 Increase the supply of land for non-retail employment through the designation of land to accommodate a regional technology park; a future business park; industrial or business park space; and development of a university campus. ED 1.6 Promote economic development that fosters job availability, economic revitalization and tax revenues. 2018-03-06 Agenda Packet Page 407 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 24 The Specific Plan establishes land use areas for a new business park with lots in Planning Areas 2 and 3 sized for development to accommodate larger businesses and employment centers, providing opportunities for a wider variety of employment opportunities. The construction of new industrial and business park uses, with street and infrastructure improvements, will help to revitalize the Main Street corridor. Objective ED-3 Retain and grow a mix of economically sustainable small and mid-sized industries and businesses. Policies: ED 3.5 Provide for ancillary commercial development in business parks, such as banks and restaurants, in order to provide amenities for future tenants. ED 3.6 Encourage and facilitate a diversity of the type of small businesses established in proximity to one another so as to avoid redundancy of uses within a single block, commercial mall, or neighborhood, but do not preclude clusters of mutually supportive businesses such, as found in a “restaurant row”. Planning Area 1 consists of smaller parcel sizes with the potential for smaller businesses to serve the needs of nearby residents and businesses. A variety of commercial and retail uses are allowed to provide services that complement the new employment uses as well as the existing community. The mix of uses will help to create a functional business park with both large and small facilities and space for ancillary businesses to operate. 3.3 Public Facilities and Services Element Objective PFS-1 Ensure adequate and reliable water, sewer, and drainage service and facilities. Policies: PFS 1.4 For new development, require on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Slow runoff and maximize on-site infiltration of runoff. The proposed tentative map includes a bioretention basin to clean and manage storm water runoff created by the backbone infrastructure to be constructed as shown on the tentative map. Management of additional runoff created by construction on individual parcels is required by the Specific Plan to be addressed as part of the parcel development plan. Objective PFS-2 Increase efficiencies in water use, wastewater generation and its re-use, and handling of storm water runoff throughout the City through use of alternative technologies. 2018-03-06 Agenda Packet Page 408 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 25 Policies: PFS 2.2 As part of project construction and design, assure that drainage facilities in new development incorporate stormwater runoff and sediment control, including state of-the-art technologies, where appropriate. The proposed drainage system for the tentative map incorporates bioretention basins and storm drains to direct runoff on the developed potion of the site to the existing storm drain outlet, which discharges to the Otay River. Offsite drainage through the site occurs from the area north of the existing alley, and has been accommodated with the proposed storm water design. Additional studies will be required during the development plan/site development phase when parking lots and structures are proposed, but all stormwater runoff and sediment based on the tentative map is included in the stormwater system design. Objective PFS-14 Provide parks and recreation facilities and programs citywide that are well- maintained; safe; accessible to all residents; and that offer opportunities for personal development, health, and fitness, in addition to recreation. Policies: PFS 14.4 Use park dedication; location; site design; and acceptance standards, as provided in the Chula Vista Parks and Recreation Master Plan; the Park Dedication Ordinance; and the Recreation DIF, as may be amended from time to time. A portion of the Specific Area site is set aside and not developed so that it may remain available for the City to purchase to use as a community park in accordance with the 2005 General Plan that indicates a park in the general vicinity of the Specific Plan site. The OVRP also identifies this area as a potential community park with trail connections to the existing OVRP trails. The SP requires that development of this park use OVRP Design Standards and Guidelines. 3.4 Environmental Element Objective E1 Conserve Chula Vista’s sensitive biological resources. Policies: E 1.1 Implement the City of Chula Vista MSCP Subarea Plan. The Otay River Business Park Specific Plan is located within the Chula Vista MSCP, and within the “Central City Preserve Management Area”, but supports no conservation areas or covered projects, according to the biology report associated with the Specific Plan. There is land to the east between the site and Fourth Avenue that is 100% conservation area, with Planning Area 5 Future Park Area situated between developed area and that conservation parcel. There is a small area of sensitive habitat in the southwestern portion and along the southern project boundary of the site that is being preserved with no grading or other disturbing activity. No other sensitive plant species were identified during a survey done for 2018-03-06 Agenda Packet Page 409 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 26 the biology report. One Species of Special Concern, a Yellow Warbler bird, was seen onsite in the future park area. The site is not directly adjacent to Otay River Valley as there is a parcel adjacent to the south within City of San Diego boundaries that is between the Specific Plan area and the Otay River Valley. An additional buffer is created with the proposed Planning Area 4 along the southern boundary that is within the floodway of the Otay River, and where no permanent development will take place as part of the Specific Plan except as allowed in Chula Vista Municipal Code for floodway areas. Objective E-2 Protect and improve water quality within surface water bodies and groundwater resources within and downstream of Chula Vista. Policies: E 2.5 Encourage and facilitate construction and land development techniques that minimize water quality impacts from urban development. The mass grading design of the Tentative Map incorporates a stormwater system with bioretention basin improvements that will filter and clean runoff from the site prior to discharging into the Otay River through an existing outlet. Erosion control to reduce sediment prior to individual lot development will be in place through a system of desiltation basins included in the mass grading plan. Additional stormwater treatment via basins or modular wetland systems may be required on individual lots as part of any Development Plan. Objective E-3 Minimize the impacts of growth and development on water supply resources through the efficient use and conservation of water by residents, businesses, and city government. Policies: E 3.1 Promote state-of-the-art water conservation practices in existing and new development, where proven to be safe and environmentally sound. E 3.2 Promote the use of low water demand landscaping and drought tolerant plant materials in both existing and new development. E 3.3 Where safe and feasible, promote and facilitate the continued use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. The landscaping design policies call for the use of primarily drought-tolerant plant materials. Landscape standards for the manufactured slope and the erosion control area, and along the landscaped areas and transition near the OVRP are based on the OVRP Landscape Standards. This includes the use of California natives along the manufactured slopes at the southern boundary, floodway and habitat areas, and the future park landscape at park transition areas. The standards for the street frontage abutting the future park area incorporate the OVRP Landscape Standards. Water conservation efforts by individual businesses are encouraged under Chapter 5.5, Sustainable Design Strategies. 2018-03-06 Agenda Packet Page 410 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 27 3.5 Growth Management Element Objective GM-2 Provide adequate and sustainable fiscal base. Policies: GM 2.1 Achieve and maintain a balance of land uses within the City that assures residential development is complemented by expanded local employment opportunities, retail and commercial services, and recreation and entertainment venues; and that the City-wide mix of land uses provides fiscal balance between those that produce revenues and those that require public expenditures. In accordance with the General Plan designation of the site for non-residential uses, the Otay River Business Park Specific Plan contributes to a balance of land uses within the City. The Specific Plan allows for a mix of industrial, light industrial, and commercial uses, with the potential for varying sized spaces, to be attractive to range of businesses that can provide a mix of employment opportunities. It also designates currently undeveloped land as a potential future community park site for recreation purposes in the area. 3.6 General Plan Implementation Objective GPI-2 Provide consistency between the Chula Vista General Plan and subsequent documents, plans, projects, and development. Policies: GPI 2.2 Require findings of consistency with the General Plan for all subdivisions, planning approvals and building permits. Findings of consistency of the Otay River Business Park Specific Plan with the Chula Vista 2005 General Plan have been provided in this chapter. 3.7 Statement of Consistency The guidelines and standards created by the Otay River Business Park Specific Plan are consistent with the City of Chula Vista General Plan as detailed above. The specific plan includes text and diagrams which specify: (1) the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan on a parcel-specific basis, and implements the generalized boundaries of the General Plan for industrial uses, open space associated with the Otay River, and a future community park site in the area. (2) The proposed distribution, location, and extent and intensity of major components of public and private facilities proposed to be located within the area covered by the 2018-03-06 Agenda Packet Page 411 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 3 – GENERAL PLAN VISION, GOALS, OBJECTIVES, AND POLICIES DECEMBER 2017 PAGE 28 plan and needed to support the land uses described in the plan, including circulation, sewage, water, drainage, and other essential facilities. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources within the plan boundaries. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). 2018-03-06 Agenda Packet Page 412 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 29 CHAPTER 4 - LAND USE & DEVELOPMENT REGULATIONS 4.1 Purpose The purpose of these regulations is to establish development standards to regulate land uses and development of property within the Otay River Business Park Specific Plan. This Chapter specifies regulations for land use, site planning, development standards, and intensity of land use in order to: 1) accommodate the implementation of the goals of the 2005 Chula Vista General Plan called for in this Specific Plan; 2) address flood hazard constraints at the property; 3) maintain and enhance community character; and 4) protect sensitive natural resources located in the Plan area or in nearby areas. 4.2 Applicability Unless otherwise specified, the provisions of this Chapter shall be applicable to all property within the geographic boundaries of the Otay River Business Park Specific Plan, and are the controlling provisions of this Specific Plan. The development standards contained in this Chapter supplement or replace those found in the Chula Vista Municipal Code (CVMC). Unless specified in this Chapter with a different standard than the existing CVMC, the provisions of the CVMC, including but not limited to compliance with CVMC 19.58 regarding additional requirements per type of use, shall apply. Where there is a conflict between the provisions of this and other Chapters of the CVMC, the provisions of this Chapter shall prevail. Exceptions to, or relief from, the requirements found within this Section are limited to those permitted with the CVMP Chapter 19.14 pertaining to variances. Compliance with the development standards embodied in the Specific Plan will assure consistency with the purposes of the Specific Plan and meet the objectives stated in the Specific Plan. 4.3 Land Use Plan and Map The following areas shown on Exhibit 9 Specific Plan Land Use Map are included as part of the Otay River Business Park Specific Plan: 1. Planning Area 1 (Commercial) – Situated adjacent to Main Street, between Fourth Avenue and 7th Avenue at the north edge of the SP area. 2. Planning Area 2 (Transitional-Limited Commercial/Business Park) – Area of property south of the PA-1 (Commercial) and north of Faivre Street between Fourth Avenue and 7th Avenue, and lots adjacent to Broadway to the south of Faivre Street. 3. Planning Area 3 (Business Park) – Remainder of developed lots within the Specific Plan excluding Planning Areas 1 and 2. These include lots north of Faivre Street and west of 7th Avenue, and lots south of Faivre Street that do not border the frontage with Broadway. 2018-03-06 Agenda Packet Page 413 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 30 4. Planning Area 4 (Floodway and Habitat Area) – Located along the southern boundary of the SP. 5. Planning Area 5 (Future Park Site) – Situated in the eastern portion of the SP, from Fourth Avenue south to Specific Plan boundary. 2018-03-06 Agenda Packet Page 414 OTAY RIVER BUSINESS PARKSPECIFIC PLANSPECIFIC PLAN LAND USE MAPSource:SanGIS 8-15Smith Consulting ArchitectsEXHIBIT92018-03-06 Agenda PacketPage 415 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 32 4.4 Land Use Matrix Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Residential All forms of residential use. --- --- --- --- --- Institutional Group Assembly --- --- --- --- --- Out-patient surgery centers, subject to the provisions of CVMC 19.54 and 19.58. CUP CUP CUP --- --- General Industry Manufacture, research, assembly, repair, processing, and packaging of products from raw materials. --- --- --- --- --- Manufacture, assembly, repair, and packaging of products from construction materials such as stone, clay, glass, lumber, wood, or other similar materials. P P P --- --- Beer brewing or wineries requiring a Type 23 Alcoholic Beverage Control license. P P P --- --- Distilling of liquors requiring a Type 23 Alcoholic Beverage Control license. CUP CUP CUP --- --- Graphics and art equipment, including signage. P P P --- --- Other accessory uses associated with permitted general industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other General Industry uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP P P --- --- 2018-03-06 Agenda Packet Page 416 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 33 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Light Industry and Research Manufacture, research, assembly, repair, processing, and packaging of products from previously prepared materials. P P P --- --- Manufacture, processing, and packaging of food products, pharmaceuticals, or similar. P P P --- --- Research, testing, processing, packaging, and associated light manufacturing of biochemical and chemical materials, electronics, pharmaceuticals, medical equipment, medical and dental labs, and compatible products and materials. P P P --- --- Businesses engaged in the storage, warehousing, distribution, or wholesale sales of products similar to permitted Light Industry and Research products. P P P --- --- Businesses engaged in the rental of self-storage units. --- --- --- --- --- Other accessory uses associated with permitted light industry uses, such as but not limited to administration offices, incidental services, such as restaurants to serve employees when conducted on the premises, and other accessory uses customarily appurtenant to a permitted use. P P P --- --- Other light industry and research uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Services Medical, optical and dental laboratories, not including related products for general sale or distribution except as an accessory use. P P P --- --- 2018-03-06 Agenda Packet Page 417 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 34 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Medical, optical, and dental offices and clinics. P P --- --- --- Veterinarian offices or animal hospitals, subject to the provisions of CVMC 19.58.050. P P P --- --- Veterinarian offices or animal hospitals with outdoor facilities for large animals, subject to the provisions of CVMC 19.58.050. CUP CUP CUP --- --- Administrative, business or professional offices. P P P --- --- Financial offices such as banks and similar, real estate services, and other financial services. P P --- --- --- Blueprinting, copy services, photographic services, printing, publishing. P P P --- --- Specialized studios for arts and crafts, photography, music, dance, art galleries, and similar, in accordance with the provisions of CVMC 19.58.220. P P --- --- --- Personal care services, such as barbershop and beauty salons and similar. P --- --- --- --- Automobile service stations, subject to the provisions of CVMC 19.58.280, and car washes subject to the provisions of CVMC 19.58.060. CUP CUP CUP --- --- Automobile minor maintenance and repair. CUP P --- --- --- Automobile major repair centers. --- CUP P Health or athletic clubs, sports and health classes and clinics, and other businesses of the same character. P P --- --- --- Commercial recreation facilities such as bowling alleys and skating rinks, subject to CVMC 19.58.040. --- --- --- --- --- Commercial recreation facilities, outdoor. --- --- --- --- --- Social or fraternal organizations subject to the provisions of CVMC 19.58.100. --- --- --- --- --- 2018-03-06 Agenda Packet Page 418 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 35 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Hotels, motels, and similar uses. --- --- --- --- --- Other service and office uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial Retail Retail commercial businesses. P --- --- --- --- Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and dry-cleaners. P --- --- --- --- Building material retail sales and equipment rental. P P P --- --- Plant nurseries and the sale of related items. P P P --- --- Other commercial uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP CUP --- --- Commercial, Food Services Grocery, general or specialty (such as bakery products, produce, meat, bread), with or without associated delicatessen. P --- --- --- --- Restaurants, delicatessens, coffee shops, and similar uses with associated seating. P P --- --- --- Fast food or similar uses with drive- through lanes. Limited to 3 drive- through establishments within the Specific Plan. CUP --- --- --- --- Drive-in restaurants where food is ordered from and consumed in the parked car on the premises. CUP --- --- --- --- Tasting Room, only as an accessory use to on-site brewery or distillery, or social or fraternal organization. P P P --- --- Liquor store (package, off-sale only), in accordance with the procedures of CVMC 19.58.340. CUP --- --- --- --- 2018-03-06 Agenda Packet Page 419 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 36 Otay River Business Park Specific Plan Land Use Matrix P = Permitted CUP = Permitted with CUP --- = Prohibited Planning Areas PA-1 Commercial PA-2 Transitional Area PA-3 Business Park PA-4 Floodway and Habitat Area PA-5 Future Park Bars, tasting rooms not associated with on-site brewery or distillery, and cocktail lounges. CUP CUP --- --- --- Restaurants with dance floors or areas designated for live entertainment, and night clubs. P CUP --- --- --- Other food service uses determined by the Zoning Administrator to be of the same general character as the above permitted uses. CUP CUP --- --- --- Other Open Space without permanent structures, subject to the provisions of CVMC 19.50 Flood Zone Regulations. --- --- --- P P Public park with related structures such as restrooms, play areas, athletic fields, courts and similar recreational uses with associated seating, parking, lighting, and landscaping. --- --- --- --- P 4.5 Accessory Uses and Structures 1. Incidental services such as prescription pharmacies and retail sales of products produced or manufactured on the site, when conducted and entered from within the building, provided there is no display or advertising visible from the public street. 2. Administrative, executive, and financial offices, and incidental services like restaurants to serve employees, when conducted on premises. 3. Other uses and buildings customarily appurtenant to permitted uses. 4. All accessory uses and structures must comply with applicable provisions of CVMC 19.58.020. 4.6 Floodway and Habitat Area (Planning Area 4) Portions of the Specific Plan property are located within the floodway of the Otay River, with a small amount of Southern Willow scrub in the southwest corner of the Site. General grading and development are not permitted within the floodway, 2018-03-06 Agenda Packet Page 420 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 37 except as allowed in CVMC 19.50.040 and subject to all regulations by FEMA and in CVMP 19.50 and 14.18. Should there be an inconsistency between these regulations, FEMA guidelines and CVMC 14.18 shall be the controlling regulations. Remedial grading shall be permitted so long as the disturbed area is returned to the original grade and certified by a registered civil engineer. 4.7 Future Park Area (Planning Area 5) A portion of the Specific Plan property is identified as a location for a future Community Park by the City of Chula Vista General Plan Public Facilities and Services Element and the Otay Valley Regional Park (OVRP) Concept Plan. Approximately 13.9 acres are set aside in this Specific Plan to maintain the option for this area to serve as a future Community Park site available for purchase by the City of Chula Vista. The final design of the park, including trail connections to the OVRP, will be determined by the City, after the City has agreed to purchase the park area, in collaboration with the community and shall use the most current OVRP Design Standards and Guidelines. 4.8 Biological Open Space Easement There are two areas within the Specific Plan with an existing biological habitat that are to remain undisturbed: one located in the southwest corner of the SP and one along the southern edge within the floodway (both within Lot B). These environmentally sensitive areas are to be protected from any grading or development, and a biological open space easement shall be established over the areas prior to site development. The specific easement boundaries are identified on the proposed TM. 4.9 Interim Uses Existing uses, buildings, and/or structures that become nonconforming due to adoption of the Otay River Business Park Specific Plan shall not be allowed to continue in operation, and shall be abated no later than six months from the date the Specific Plan becomes effective. Any future use of property within the boundaries of the Specific Plan shall conform to the provisions of this Specific Plan. 4.10 Development Regulations A. Lot Size and Dimensions Minimum lot size: 10,000 square feet Minimum lot dimensions: Width 100 feet Depth 100 feet 2018-03-06 Agenda Packet Page 421 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 38 B. Setbacks Minimum setback criteria is provided in the following table. The Building Setback applies to all structures within the Specific Plan site, and the Parking Setback applies to parking lot areas within the Specific Plan site. Setback Location Building Setback (min) Parking Setback (min) Main Street 10 feet 10 feet Fourth Avenue 10 feet 10 feet Faivre Street 10 feet 10 feet 7th Avenue 10 feet 10 feet Broadway 10 feet 10 feet Alley 5 feet 0 feet Side (Interior lot lines) 5 feet 0 feet Future Park Area Boundary 10 feet 5 feet Rear 5 feet 5 feet C. Height The maximum building height shall be forty-five feet (45’-0”) above the finished grade. Height limitations shall not apply to the following: 1. Flag poles, radio towers, masts and aerials, or to parapet walls extending not more than 4 feet above the height of the building. 2. Elevator and stair penthouses provided no lineal dimension of such structure exceeds 50% of the corresponding street line frontage. 3. Other exceptions not noted but provided for in CVMC 19.16.040. D. Lot Coverage The maximum lot coverage shall be fifty percent (50%) in Planning Areas 1, 2 and 3. Lot coverage shall be calculated as defined in CVMC 19.04.060. E. Floor Area Ratio The maximum Floor Area Ratio (FAR) shall be 0.5 in Planning Area 1 and 1.0 in Planning Areas 2 and 3. Floor Area Ratio (FAR) is a measure of the bulk of buildings on a lot or site. FAR is calculated by dividing the gross floor area of all buildings on a lot or site by the lot or site area. Gross floor area includes the total enclosed area of all floors of a building measured from the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, balconies, recreation rooms, and attics having a height of more than seven feet 2018-03-06 Agenda Packet Page 422 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 39 but excluding area used exclusively for vehicle parking or loading. For example, a two-story building occupying one-half of a site has an FAR of 1.0. F. Parking Standards Size of Parking Spaces and Drive Aisles Standard parking spaces shall be a minimum of 9 feet wide by 19 feet deep, with 24-foot two-way drive aisles or 15-foot one-way drive aisles. Compact parking spaces shall be a minimum of 8 feet wide by 15 feet deep, and may be provided for up to 10 percent of the total spaces required. A minimum of 10- foot high vertical clearance on drive aisles shall be provided for emergency vehicle access. Accessible Spaces All required accessible (disabled) parking spaces shall be constructed in a manner required by the most current edition(s) of the State of California Uniform Building Code (Title 24) as amended. Number of Spaces Required The required number of parking spaces shall be based upon the cumulative total required for uses within the project as specified in CVMC 19.62.050, which may be amended. Refer to the most current parking table adopted by the City of Chula Vista Planning Commission for relevant additional requirements. For any uses not listed, the City may require a parking study to determine the appropriate number of parking spaces. For ease of reference, the current parking requirements for typical uses anticipated within the business park are listed below: LAND USE GENERAL STANDARD (refer to CVMC 19.62.050 for details) Office 1 per 300 square feet Medical/Dental Office 1 per 200 square feet Manufacturing 1 per 800 square feet Wholesale and Warehouse 1 per 1,000 square feet Retail Stores/Financial Institutions 1 per 200 square feet Restaurants 1 per 2.5 fixed seats Drive Through Restaurants 15 spaces minimum plus queue for 5 cars Furniture/Appliance Store 1 per 600 square feet When the calculation of the requirements for parking results in a fractional portion of a parking space, a fraction of one-half or greater shall be construed as one required space, and a remaining fraction of less than one-half shall be disregarded from the calculation of required spaces. Shared Parking Shared parking will be allowed between Planning Areas 1 and 2, and among uses of Planning Areas 2 and 3 that are adjacent to each other in the Specific 2018-03-06 Agenda Packet Page 423 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 4 – LAND USE & DEVELOPMENT REGULATIONS DECEMBER 2017 PAGE 40 Plan. If the required number of parking spaces cannot be provided within a particular parcel of the Specific Plan, a shared parking plan may be allowed with the following conditions: 1. Shared parking shall be for uses located exclusively within the Otay River Business Park Specific Plan and must be located within 500 feet of the individual parcel to be served by the shared parking plan. 2. A Shared Parking Analysis is required demonstrating the demand (number of parking spaces needed) for each use that will participate in the Shared Parking Program throughout a typical day. The hour in which the highest number of spaces is needed (peak parking demand) for the proposed development determines the minimum number of required off-street spaces for that proposed use. The shared parking analysis shall be reviewed and approved by the Director of Development Services and the City Engineer. 3. Shared parking shall be enforced through a shared parking agreement in a form approved by the City of Chula Vista, and maintained in perpetuity through an agreement between parcel owners. 4. Adequate signage shall be provided for tenants indicating the availability of alternate parking areas. 5. Modification to the buildings or uses within the Specific Plan area are located or changes in tenant occupancy requires review by the Development Services Director. G. Design Review 1. Development in the Otay River Business Park shall be subject to compliance with the applicable standards of review and review processes contained in the CVMC Chapter 19.14, the Chula Vista design review process, and any amendments thereto. 2. In addition to compliance with the design review process, development in the Otay River Business Park shall be in compliance with the Design Guidelines in Chapter 5 of this Specific Plan. 2018-03-06 Agenda Packet Page 424 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 41 CHAPTER 5 - DESIGN GUIDELINES 5.1 Purpose and Intent The following guidelines and standards address site planning and design elements applicable to the overall Specific Plan property. 5.2 Site Design Guidelines A. Circulation and Site Access Requirements for site access are provided in this section. Frontage Improvement design guidelines are provided in Landscape Design Guidelines, Section 5.4 (B). 1. A new public Faivre Street south of and parallel to Main Street shall be added to create a connection between Broadway and Fourth Avenue and provide access to individual parcels on the site. 2. Multiple driveways on opposite sides of a street should align directly across from each other when feasible, or with an offset acceptable to the City of Chula Vista engineering staff. 3. Driveway dimensions shall comply with City Standards current at the time a Development Plan is submitted. 4. Site design for buildings/uses requiring large semi-truck access shall provide adequate circulation for truck turning and maneuvering throughout the lot, such that any large truck may enter and exit from the public street, and circulate around any structure needing truck access on any parcel without backing up. Shared/joint access routes between parcels and buildings may be used to provide for such circulation, and any such joint access shall be maintained in perpetuity through an agreement between parcel owners. 5. Transit access is available near the Specific Plan site via routes that have stops at Broadway and Main Street, and at Fourth Avenue and Main Street. No current bus routes are directly adjacent to the Specific Plan site. Should bus routes be modified in the future, the parkway design could accommodate bus stops with benches or waiting areas for riders. Traffic Demand Management (TDM) programs are developed, typically on a regional or large project basis, to reduce vehicle trips, single occupancy vehicles, and air emissions. A TDM program through the City of Chula Vista or the ORBPSP has not been developed, but some TDM program measures have been included in the Tentative Map, and are encouraged through the Specific 2018-03-06 Agenda Packet Page 425 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 42 Plan Sustainable Design Strategies located in Section 5.5 of this Chapter. Examples include:  Bike lanes adjacent to all public roads through and directly adjacent to the Specific Plan where possible,  Encouraging development plans to include bike parking, and changing rooms and showers for bike commuters, in all buildings.  Encouraging electric vehicle charging stations throughout the Specific Plan site.  Providing parkways that can be used for waiting areas should new transit stops be located directly adjacent to the Specific Plan site. Should a TDM program be established city-wide or region-wide, the ORBP will be available to participate, including in programs for paid parking and shuttle service to accommodate nearby transit services. Exhibit 10 Circulation Map B. Parking and Loading 1. All parking shall be provided onsite within the lots of the Specific Plan with no street parking on existing or new public streets. 2. All parking areas shall be screened from view of public streets. Where possible, such screening should be provided by use of a landscaped berm or hedges, at least 3.5 feet high. Alternate screening with masonry walls or fencing may be used and shall not be less than 3.5- feet or more than 6-feet in height, and shall be located beyond the setback. 3. Truck loading areas should be located and designed for minimum visibility from public streets. Placement in front of structures or where highly visible from public streets is discouraged. Where necessary, walls shall be provided to screen truck loading areas from view. Such walls may be extensions of the building walls, wing walls or freestanding walls, and enhanced with landscape planting for aesthetic purposes and to reduce graffiti. The use of screen walls should also be designed to provide noise attenuation if necessary to protect adjacent land uses. 2018-03-06 Agenda Packet Page 426 OTAY RIVER BUSINESS PARKSPECIFIC PLANCIRCULATION MAPSource:SanGIS 8-15EXHIBIT102018-03-06 Agenda PacketPage 427 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 44 5.3 Architectural Design Guidelines A. Architectural Character The Otay River Business Park is situated along Main Street, a primary road servicing a commercial and industrial area of Chula Vista. This Plan provides an opportunity to improve a site, which is largely vacant currently and had been occupied by several heavy industrial operations, and increase economic vitality in the area. The design guidelines in the Otay River Business Park Specific Plan are intended to permit flexibility in the architectural styles of the Specific Plan, while allowing Chula Vista to ensure visual improvement along an important thoroughfare. The Main Street corridor currently does not have a defined architectural style. Therefore, the focus of the architectural character within the SP should be on creating a high-quality development in which design styles of the various land uses of the Specific Plan coordinate to create a unifying and harmonious overall development. The coordinating elements could include building form, color, material, rooflines, and landscaping. The use of standardized corporate architectural styles is acceptable provided the design complies with the Specific Plan guidelines. The business park also abuts the Otay River Valley. The OVRP Standards and Guidelines include requirements to consider compatibility and buffering where appropriate to blend new development with the natural setting and character of the OVRP. Additional design standards and guidelines are provided for structures within the Regional Park focused on recreation centers, comfort stations, and picnic shelters. The architectural theme for the OVRP is “Californio” ranchos of the early 1800’s, a style appropriate for the open space character of the future park. B. Building Massing and Scale 1. Building facades and rooflines shall provide a variety of architectural elements but create harmonious aesthetics between Planning Areas 1 and 2 of the Specific Plan. 2. Heights and wall planes should be staggered to create shadows that break up large expanses of facades. 3. Use varied roof forms, mass, shape, or materials to create variations in building facades. 4. Design buildings that have a street facade which is complementary in scale and massing to its surrounding. 5. Provide a sense of pedestrian scale at the ground level of buildings of Planning Area 1 and Planning Area 2 along Main Street and Fourth 2018-03-06 Agenda Packet Page 428 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 45 Avenue through appropriate use of building materials, and architectural details. 6. Building entries should be readily identifiable using recesses, columns, or other architectural details to emphasize primary entrances. 7. Building elevations facing the southern slope/Otay River Valley should be evaluated for visibility from OVRP trails. If visible, elevations should be articulated to provide interest, per the OVRP Design Standards and Guidelines, Section 5.3.3, or screened with vegetation to soften views from OVRP trails. C. Exterior Materials and Finishes 1. Use building materials that are of high quality, durable, require low maintenance, and complement the design of the building. 2. Use a combination of materials, textures, and colors to help articulate the building design to achieve greater variety, visual interest, and richness in the architectural character. Material and finish changes should occur at logical break points. Highly reflective surfaces and large expanses of exposed single-color precision block walls should be avoided. 3. A limited color palette shall be incorporated into the design, with color differentiation used within the overall project to reduce monotony, and avoid repetitiveness within the building facades. Building colors should be appropriate for the architectural style. 4. Accessory structure design shall be compatible with the architecture of the primary structure. D. Roofs and Roof-Mounted Equipment 1. Design roofs (form, style, and pitch) to further enhance and articulate the architectural vocabulary used in the facades and to be compatible with the style and character of each building. 2. Roof materials should be appropriate to the architectural style of the buildings. 3. Rooflines should be accentuated with appropriate projections and overhangs. 4. All roof appurtenances including, but not limited to, air conditioning units and mechanical equipment shall be shielded and architecturally screened from view from surrounding properties and public rights-of- way. Including trails within the OVRP, using full parapets, low parapets plus screening, sloping roofs, or other means of screening that 2018-03-06 Agenda Packet Page 429 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 46 coordinate with the architectural style of the building. Solar panels should be integrated into the roof design. E. Trash Enclosures and Other Screening 1. Trash receptacles, adequate areas for collecting and loading recyclable materials, and storage areas shall be provided within the main structures or in separate free-standing structures. They should be placed at or near the rear of the main structures that they serve and near loading areas or drive aisles when feasible, so long as circulation is not blocked during loading operations. Trash enclosures should be located where possible such that trash trucks can service them without having to reverse out of the service area. 2. All trash enclosures, and utility and mechanical equipment shall be screened per CVMC 19.58.340, and enclosures that could be visible from a public street or walkway shall be further screened with landscaping. 3. Policies of the City of Chula Vista’s Recycling and Solid Waste Planning Manual shall be incorporated in site design and followed by individual businesses with the Specific Plan area. F. Exterior Lighting 1. Exterior lighting shall be provided to illuminate outdoor areas including parking areas, loading areas, pedestrian pathways and building entrances. 2. All exterior lighting should be designed and incorporated into the building schemes to provide illumination appropriate for the level of activity and to avoid glare and spillover. 3. Lighting fixture types, quantities, and locations should be carefully considered to complement the architecture and ensure consistency with the lighting policies of the City of Chula Vista. 4. All fixture illumination shall be directed downward to minimize the spread of the beam, and all lighting standards should be hooded and designed to prevent light spillover. Exterior lights shall be shielded from intrusion into the future park area and to the areas to the south of the business park southern slope (OVRP). 5.4 Landscape Design Guidelines A. Landscape Objectives The landscape design guidelines establish general requirements for the various landscape design components of the Otay River Business Park and are intended 2018-03-06 Agenda Packet Page 430 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 47 to establish a cohesive landscape design theme that contributes to a project identity. They are consistent with current City of Chula Vista Standards, and allow for flexibility in application and execution. The landscape theme uses appropriate native and drought tolerant plant materials that provide a unifying concept that is consistent with the surrounding community. General Guidelines and Requirements include: 1. The Site landscape should use predominantly drought-tolerant plants, native and/or non-native, that require minimal irrigation and maintenance. 2. Landscape species selection and installation near sidewalks, pathways and paved areas, including streets, shall be based on preventing unreasonable damage to paving and pathways. Tree species with invasive root systems should be discouraged and oriented away from utility infrastructure. All street trees and trees planted within 10 feet of buildings or hardscape shall incorporate a root deflection device at the time of installation. 3. Landscaping should create a focus on entrances to parking lots and entrances to buildings to improve wayfinding for visitors, but be designed and maintained to eliminate spaces hidden from public view that could shield criminal activity. 4. Outdoor eating areas for employees and visitors are encouraged to be located where there are views of the future park area or along the southern boundary overlooking the Otay River Valley. 5. All public areas and rights-of-way shall have an automatic irrigation system to maximize irrigation efficiency and eliminate overspray on the adjacent hardscape surfaces. 6. The project landscaping should be compatible with the adjacent river valley to create a visually harmonious environment, with appropriate visual separation between the adjacent future park activity areas and the Business Park. 7. No less than 15% of each individual parcel shall be landscaped. 8. All landscape plans shall comply with CVMC Chapter 20.12 regarding Landscape Water Conservation. 9. Landscaping shall not impede the function of any biofiltration basins. 2018-03-06 Agenda Packet Page 431 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 48 B. Frontage Improvements The landscape design for the project is established for the public street rights- of-way by means of the standards listed below and in Chapter 5 of this Specific Plan, and implements provisions of the Main Street Streetscape Master Plan. The street frontage along public streets directly adjacent to the Site are of particular importance as they establish the first impression of the Otay River Business Park Specific Plan area and are highly visible to tenants of the business park, the local community, and visitors to Chula Vista. Street frontages on interior streets continue the visual theme throughout the Business Park. Sidewalks are interconnected to each other and to existing streets to improve pedestrian access and experience throughout the Business Park, and the separation of pedestrian and vehicular movement through landscaped parkways increases safety for pedestrians. Main Street 1. Themes and materials for this frontage have been chosen to be consistent with the Main Street Streetscape Master Plan. The agricultural economy of Chula Vista led to the incorporation of the City, and continued to be an important part of the Chula Vista economy. The ORBP site is within the section of Main Street identified to have the agriculture/rancho district theme in Section 5.5 of the Streetscape Master Plan reflecting this importance. 2. Vehicular access to Planning Area 1 of the Site will be from Main Street, therefore the landscaping along this street frontage should provide visual interest and way-finding for visitors coming by car or on foot. 3. A non-contiguous sidewalk and 7.25-foot parkway, per the Main Street Streetscape Master plan, along with new curb and gutter shall be provided along the frontage, and suitable landscaping provided in the parkway in compliance with the approved Main Street Streetscape Master Plan. Between the sidewalk and parking areas, shrubs and trees should be incorporated to screen parking and mark driveways using plant materials consistent with the Master Plan to extend the visual character of the streetscape onto the Specific Plan site. 4. The agricultural history of this site, as noted in the Main Street Streetscape Master Plan, should be reflected in a portion of the landscape design, such as through rows of planting to suggest row crops either along Main Street or along Fourth Avenue north of Faivre Street. A plaque or interpretive signage should also be included to recognize the former strawberry fields cultivated on the Site. 5. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 11 Cross Section for Main Street 2018-03-06 Agenda Packet Page 432 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 49 Fourth Avenue 1. A non-contiguous sidewalk and 6-foot parkway with new curb and gutter is required along the frontage from Main Street to the Specific Plan boundary. Landscaping should be located in the parkway to mark driveways and Faivre Street. 2. As addressed in the Main Street section above, the agricultural history of this site should be reflected in a portion of the landscape design along Fourth Avenue north of Faivre Street if not provided on Main Street. A plaque or interpretive signage should also be included to recognize the strawberry fields on the site prior to the Specific Plan. 3. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 12 Cross Section for Fourth Avenue 7th Avenue 1. A non-contiguous sidewalk and 7.5-foot parkway with new curb and gutter shall be provided along both sides from Main Street to Faivre Street, except in the section directly adjacent to the apartment parcel where sidewalk shall be contiguous with curb and gutter due to existing limitations. Suitable landscaping to harmonize with Main Street plantings should be located in the parkway, incorporating shrub and tree (where feasible) plantings to screen parking and mark driveways. 2. Landscaping elements shall not impede travel in the bicycle lane. Exhibit 13 Cross Section for 7th Avenue Faivre Street 1. A non-contiguous sidewalk and 6-foot parkway with new curb and gutter shall be provided along both sides of the street between Broadway and Fourth Avenue. Suitable landscaping to harmonize with Main Street plantings should be located in the parkway, incorporating shrub and tree plantings to screen parking and mark driveways. 2. Landscaping elements shall not impede travel on the bicycle lane. Exhibit 14 Cross Section for Faivre Street Broadway 1. An 8-foot sidewalk contiguous with the curb and gutter is existing along Broadway. No additional parkway space or dedications are required. Future development plans should provide landscaping outside of the right-of-way, located between the sidewalk and parking areas and incorporating plantings to mark entries to the Specific Plan site. 2018-03-06 Agenda Packet Page 433 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR MAIN STREETSource:The Lightfoot Planning GroupEXHIBIT112018-03-06 Agenda PacketPage 434 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR FOURTH AVENUESource:The Lightfoot Planning GroupEXHIBIT122018-03-06 Agenda PacketPage 435 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR 7TH AVENUESource:The Lightfoot Planning GroupEXHIBIT132018-03-06 Agenda PacketPage 436 OTAY RIVER BUSINESS PARKSPECIFIC PLANCROSS SECTION FOR FAIVRE STREETSource:The Lightfoot Planning GroupEXHIBIT142018-03-06 Agenda PacketPage 437 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 54 C. Entries Project entries from the major streets provide an opportunity to identify and mark arrival to the Business Park. The landscaping at the entries will be a component of the design theme for the Business Park, and will set the tone for landscape design on the individual parcels or projects in the Business Park with the following guidelines: 1. Primary and Secondary Entries should be identified by the use of monument signage and a hierarchy of landscape materials. 2. The agricultural history should be reflected in monument design, along with the layout of the planting to resemble row crops that were formerly on the site, at the entries off of Fourth Avenue and/or Main Street. D. Otay River Valley Interface The southern portion of the Specific Plan is located within the floodplain of the Otay River. The planned grading design will raise the development portions of the SP above the 100-year floodplain of the Otay River, resulting in a slope along the southern edge of Planning Areas 2 and 3. The area of the Specific Plan south of the slope is in the floodway, and will be enhanced to create a transition between the developed area and the Otay River Valley. This transition area has been heavily disturbed except for a small area of sensitive biological habitat near the southwest corner of the Specific Plan. These areas will be treated as follows: Southern Boundary Manufactured Slope A slope created near the southern edge of the project boundary raises the project site elevation above the Otay River floodplain. The sloped portion of the lots facing the river will create a transition between the developed site and the Otay River Valley. This will be treated as follows: 1. Appropriate native plant material shall be utilized to enhance the area. The landscape palette for this slope is based on the Otay Valley Regional Park Design Standards and Guidelines, especially Section 4.3 Landscaping in Transition Areas for suggested tree species and Section 4.6 Landscaping Standards for All Sites. 2. A permanent irrigation system shall be provided in this area to allow for maintenance and replanting in the future as needed. 3. If any rip rap is needed, concrete rip-rap that is plain and left in the natural color is discouraged. Any rip-rap should be colored or designed in a way to blend with the native vegetation of the slope. 2018-03-06 Agenda Packet Page 438 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 55 4. Maintenance shall be provided in perpetuity by the parcel owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. Floodway Below the slope on the southern edge of the project boundary is the Otay River floodway. This is a transitional area to the Otay River Valley and will be treated as follows: 1. Any areas south of the slope that need to be disturbed in construction or remedial grading are to be hydroseeded with native species for erosion control. A temporary irrigation system shall be provided in this area during the native plant establishment period, and removed when planting is established, as required in the Otay Valley Regional Park Design Standards and Guidelines, Section 4.4 Landscaping in Natural Areas. 2. Maintenance of the Floodway Lot shall be provided in perpetuity by the property owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. Alternate maintenance arrangements may be provided if agreed to by the City of Chula Vista. Habitat Area A small amount of sensitive habitat is in the southwest corner of the project site. This area will be treated as follows: 1. The habitat area is to be placed in a Biological Open Space Easement. 2. The habitat area shall be protected and preserved, and will not require any supplemental planting unless otherwise determined and directed by conditions placed upon the project by the appropriate resource agencies. E. Bioretention Bioretention basins are located per the tentative map to handle all water runoff created by the Specific Plan area tentative map. Additional basins to control additional runoff created by development of individual parcels may be created in development plans for those parcels. 1. Maintenance shall be provided in perpetuity by the property owner, or successor in interest, a Business Owner’s Association for the Business Park, or other entity. F. Future Park Area A future Community Park site is designated in the vicinity of the Specific Plan area by the Chula Vista General Plan discussion of the Main Street District. This 2018-03-06 Agenda Packet Page 439 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 56 area will be retained in its current condition and designated as a potential future park space available for purchase by the City of Chula Vista. 1. A Wetland Area is located on the southern end of the flood control channel as delineated on the tentative map. Any impact to this area during development of the Community Park shall be mitigated per City, State and Federal agency requirements as described in the Biological Assessment Report. 2. Former retention basins used during mining operations are currently considered Freshwater Marsh and therefore a biological resource. Any permanent impact to these areas during development of the Community Park shall be mitigated per City, State and Federal agency requirements as described in the Biological Assessment Report. Temporary impacts to these areas during any phase of development shall be revegetated with plant species appropriate to the Wetland but will not require additional mitigation. 3. Permanent landscaping is required only along the western edge of this area at the slope abutting the Business Park development, and along the parkway frontage of Faivre Street and Fourth Avenue. These areas shall be native plantings to support the OVRP design standards. 4. Any areas within the future park area adjacent to the slope or the proposed sidewalks that need to be disturbed in construction or remedial grading are to be hydroseeded with native species for erosion control. A temporary irrigation system shall be provided in disturbed areas during the native plant establishment period, and removed when planting is established or further landscaped by the City of Chula Vista in conjunction with park development. 5. Landscape design within the future park area shall refer to the OVRP Design Standards and Guidelines, especially Section 4.2 Landscaping in Urban Areas and Section 4.6 Landscaping Standards for All Sites, and the Chula Vista Greenbelt Trail design guidelines. 6. Erosion and silt control is required until the site is purchased and developed by the City. G. Planting Landscape design concepts for the Business Park are established to create a project identity through the creative use and placement of the plant materials in the streetscape and project entry landscape design. The agricultural economy of Chula Vista led to the incorporation of the City, and continued to be an important part of the City’s economy. This importance influenced the agriculture/rancho-themed portion of the Main Street Streetscape Master Plan. The proposed street trees incorporate some of the tree suggestions of this Plan in the landscape, along with other coordinated plantings. They are a mixture of 2018-03-06 Agenda Packet Page 440 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 57 evergreen and deciduous trees that provide interest by the way of form, texture and color. The ground plane provides color and interest for pedestrians, and can be arranged in a way to suggest the former row crops that existed on a portion of the Specific Plan site. Landscape design concepts adjacent to the Future Park area have been established to implement the Design and Development Standards of the Otay Valley Regional Park. Street trees and corresponding planting selections adjacent to this lot rely on native species to emphasize the connection of this lot to the Otay River Valley. The plant palette has been selected based on drought tolerance and suitability for the local climate, and excludes listed invasive species. Refer to Plant Palette for specific species recommended. Exhibit 15 Landscape 2018-03-06 Agenda Packet Page 441 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 58 LANDSCAPE PLANT PALETTE Plant Type Botanical Name Common Name Streetscape and Frontage Landscape Street Trees Brachychiton Populneus Kurrajong Lriodendron Tupifera Tulip Tree Lophostemon Confertus Brisbane Box Melaluca Linariifolia Paperbark Pinus Eladrica ‘Mondale’ Afghan Pine Quercus Virginiana Southern Live Oak Tipuana Tipu Tipu Tree Highlight Trees Jacaranda Mimosifolia Jacaranda Magnolia Grandiflora ‘Russett’ Russet Magnolia Agonis Flexuosa ‘Jervis Bay After Dark’ After Dark Peppermint Prunus Cerasifera ‘Krauter Vesuvius’ Krauter Purple Leaf Plum Eriobotyra Deflexa Bronze Loquat Shrubs and Ground Cover Bougainvilla X ‘Monsam’ Golden Jackpot Bougainvillea Callistemon X ‘Better John’ Better John Dwarf Bottlebrush Carissa Macrocarpa ‘Tomlinson’ Natal Palm Lantana Montevidensis ‘Gold Mound’ Gold Mound Lantana Nandina Domestica ‘Harbor Dwarf’ Dwarf Heavenly Bamboo Rhaphiolepis Indica ‘Bay Breeze’ Bay Breeze Hawthorn Westringia Fruticosa ‘Mundi’ Mundi Westringia Project Entry Landscape Orchard Trees Arutus Unedo Strawberry Tree Citrus Reticulate ‘Clementine’ Clementine Mandarin Orange Citrus Limon ‘Dwarf Lisbon’ Dwarf Lemon Citrus X ‘Mineola’ Mineola Tangelo Olea Europaea ‘Swan Hill’ Fruitless Olive Accent Ray “Row Crops” Aloe Striata Bougainvillea X ‘Singapore Pink’ Silhouette Bougainvillea Helictotrichon Sempervirens Blue Oat Grass Dianella Tasmanica ‘Silver Streak’ Silver Flax Lilly Dianella Revoluta ‘Baby Bliss’ Baby Bliss Flax Lilly Croposma X ‘Tequila Sunrise’ Tequila Sunrise Mirror Plant Echeveria Runyonii Topsy Turvy Echeveria Sedum Spectabile ‘Autumn Joy’ Autumn Joy Stonecrop Yucca Gloriosa ‘Recurvifolia’ Bright Star Yucca Aeonium Manriqueorum ‘Zwartkop’ Purple Crest Aeonium Phormium Tenax ‘Jack Spratt’ Jack Spratt New Zealand Flax 2018-03-06 Agenda Packet Page 442 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 59 Border Hedges Ligustrum Joponicum ‘Texanum’ Texas Privet Prunus Laurocerasus ‘Otto Luyken’ Otto Luyken English Laurel Pittosporum Tobita ‘Variegata’ Variegated Mock Orange Rhus Ovata Sugar Bush Pittosporum Tennifolium ‘Silver Star’ Kohuhu Viburnum Borkwoodii Burkwood Viburnum Main Street Landscape Chula Vista Main Street Specific Trees Olea Europaea Olivequer Quercus Ilex Holly Oak Pistacia Chinensis Chinese Pistachio Pyrus Calleryana ‘Bradford’ Callery Pear Shrubs Muhlenbergia Capillaris ‘Regal Mist’ Pink Muhly Grass Juncus SPP. Ruhs Carex SPP. Sedge Dietes SPP. African Iris Bioretention Landscape Shrubs and Ground Plane Dianella Caerulea ‘Little Becca’ Little Becca Flax Lilly Lomandra Longifolia ‘Nyalla’ Nyalla Mat Rush Dianella Tasmanica ‘Silver Streak’ Silver Flax Lilly Seslaria Autumnalis Autumn Moor Grass Seslaria Caerulea Blue Moor Grass Pennisetum ‘Eaton Canyon’ Eaton Fountain Grass Floodway Landscape Hydroseed Mix Encelia Californica California Encelia Eschscholzia Californica California Poppy Lasthenia Californica (Gracilis) Common Goldfields Lupinus Succulentus Arroyo Lupine Mimulus Aurantiacus Monkeyflower Sisyrinchium Bellum Blue-eyed Grass Plantago Insularis Plantain Penstemon Centranthifolius Scarlet Bugler Future Park Landscape Edge Trees Quercus Suber Cork Oak Quercus Agrifolia Live Oak Ground Plane Salvia Greggii ‘Furman’s Red’ Autumn Sage Hybrid Salvia Leucantha ‘Santa Barbara’ Santa Barbara Sage Cistus ‘Sunset’ Purple Rockrose Mahonia Repens Oregon Grape Arctostaphylos ‘Pacific Mist’ Manzanita Ribes Viburifolium Catalina Currant 2018-03-06 Agenda Packet Page 443 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 60 Southern Boundary Manufactured Slopes Trees Malosma Laurina Laurel Sumac Populus Fremontii Western Cottonwood Platanus Racemosa Western Sycamore Ceris Occidentalis Western Redbud Quercus Agrifolia California Live Oak Shrubs Rhamnus Californica ‘Eve Case’ Coffeeberry Ribes Viburnifolium Catalina Currant Ceanothus ‘Dark Star’ ‘Dark Star’ Lilac Salvia Apiana White Sage Rhus Integrifolia Lemonade Berry Epilobium Canum California Fuchsia Ground Covers Encelia Californica California Encelia Eschscholzia Californica California Poppy Lasthenia Californica (Gracilis) Common Goldfields Lupinus Succulentus Arroyo Lupine Mimulus Aurantiacus Monkeyflower Sisyrinchium Bellum Blue-eyed Grass Plantago Insularis Plantain Park Transition Hydroseed Mix Eschscholzia Californica California Poppy Acchilea Millefolium Yarrow Gazania Splendens Gazania Fastuca Glauca ‘Elijah Blue’ Elijah Blue Fescue Trifolium Repens White Clover Ornamental Slope Landscape Trees Acacia Stenophylla Shoestring Acacia Rhus Lancea African Sumac Podocarpus Henkelii Long-leafed Yellowwood Eriobotrya Deflexa Bronze Loquat Melaleuca Nesophila Pink Melaleuca Pinus Pinea Stone Pine Shrubs Callistemon Citrinus ‘Little John’ Little John Bottlebrush Westringia Fruticosa ‘Morning Light’ Coast Rosemary Rhaphiolepis Umbellata ‘Minor’ Dwarf Yeddo Hawthorn Ground Covers Juniperus Horizontalis ‘Wiltonii’ Blue Carpet Juniper Helictotrichon Sempervirens Blue Oat Grass Myoporum Pacificum Myoporum Agapanthus ‘Peter Pan’ Dwarf Variegated Agapanthus Malephora Lutea Purple Ice Plant 2018-03-06 Agenda Packet Page 444 Otay RiveR Business PaRksPecific PlancOncePtuallandscaPe exhiBitSource:The Lightfoot Planning GroupexhiBit15*Not to scale. Please refer to the Landscape Concept Plan for full detail.2018-03-06 Agenda PacketPage 445 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 62 H. Maintenance All required landscape areas shall be permanently maintained by property owners or a Business Owner’s Association created for the Specific Plan area. Maintenance includes watering, weeding, pruning, disease and pest control, fertilization, replacement of plant material and irrigation equipment as needed to preserve the health and appearance of site landscaping. Landscaping shall be maintained so that it does not interfere with vehicular sight distance, conflict with overhead utility lines, overhead lighting or pedestrian lighting and does not block pedestrian or vehicular access. Irrigation 1. Fully automated irrigation systems will be installed in all areas as required by the provisions of the Landscape Water Conservation 2. Ordinance, Landscape Manual, and The State of California Model Efficiency Ordinance, and shall be consistent with current Stormwater BMP’s. 3. Low flow and low precipitation equipment shall supply sufficient water for plant growth with a minimum water loss due to run off and overspray. 4. Irrigation systems shall use high quality, automatic control valves and other necessary equipment for proper coverage. 5. Irrigation controllers shall incorporate ‘SMART’ technology and the ability to self-adjust based on current environmental factors. I. Walls and Fences Parking Lot Screening Parking areas shall be screened with a landscaped berm, wall, or a solid plant material such as a hedge. If the alternate screening of walls or fencing are used as allowed per Section 4.2 (B), the following criteria shall apply: 1. Height to be at least 3.5 feet but not more than 6 feet. Any walls higher than 3.5 feet must be located beyond the setback area. 2. Solid masonry wall should use landscaping on both sides where feasible to soften the visual appearance and deter graffiti. 3. Open fencing may be allowed if solid planting (hedges) are used in conjunction to provide proper screening at the height specified in 5.2B. 4. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. 2018-03-06 Agenda Packet Page 446 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 63 Between Specific Plan Area and Adjacent Off-Site Commercial/Industrial Properties Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 1. Walls and fencing with a height up to 9 feet may be allowed, unless in the front setback, subject to approval by the zoning administrator. 2. Either solid or open fencing or walls, or a combination thereof, are permitted, but solid styles should be softened with landscaping where feasible to deter graffiti. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided. Loading Area, Outdoor Storage and Trash Area Screening 1. Walls up to 9 feet, extensions of the building, or wing walls may be used for screening loading areas or trash areas, and should use landscaping where feasible to soften the visual appearance and deter graffiti. Screening visible from the future park area or the Otay River Valley shall use vertical landscape elements to soften the screening walls. 2. Style of walls or fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided for any area exposed to public view. Chain link fencing with redwood or neutral-colored slating is acceptable for areas not visible to public view. Between Specific Plan Development and Southern Boundary Slope Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 1. Walls and fencing with a height up to 6 feet may be allowed. 2. Either solid or open fencing or walls, or a combination thereof, are permitted, but all styles shall be softened with landscaping on both sides to deter graffiti and enhance the natural aesthetics of the nearby Otay River Valley. Native plants are encouraged in these areas. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing should be avoided. Between Specific Plan Development and Future Park Fencing in addition to required parking lot screening is not required, but if included the following criteria shall apply: 2018-03-06 Agenda Packet Page 447 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 64 1. Walls and fencing with a height up to 6 feet may be allowed, subject to approval by the zoning administrator. 2. Either solid or open fencing or walls or a combination thereof, are permitted, and shall be softened with landscaping. Along this boundary, fencing that provides for visibility and a sense of openness is encouraged, such as low fencing or designs with upper areas that are transparent/semi-transparent. 3. Style of fencing should complement building architectural design, and be enhanced with decorative elements such as pilasters. Chain link fencing shall be prohibited. Refer to the OVRP Design Standards and Guidelines, Section 5.3.2, regarding fencing adjacent to the future park area. J. Signage Otay River Business Park shall develop a Planned Sign Program with the initial Development Plan review. The Planned Sign Program is to be approved by the Planning Commission of the City of Chula Vista and shall address all project signage, such as but not limited to the following: 1. Entry monument signs 2. Building identification signage 3. Specific business identification signs 4. Directional signage 5. Temporary signage, such as for leasing and sales of businesses Characteristics to be addressed shall include:  type (free-standing, wall, etc.)  size of sign  overall height  quantity  locations to be allowed  design and material  illumination The Planned Sign Program shall adhere to applicable provisions of the CVMC Sign Ordinance: 19.60.005 through 19.60.300, 19.60.600, 19.60.700, 19.60.800, 19.60.810, 19.60.900, and 19.60.930. Additional regulations shall be adhered to as follows: Planning Area 1 shall refer to 19.60.500, and Planning Areas 2 and 3 shall refer to 19.60.580. 2018-03-06 Agenda Packet Page 448 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 5 – DESIGN GUIDELINES DECEMBER 2017 PAGE 65 K. Trails Trails in the vicinity of the ORBP include existing and planned trails within the Otay Valley Regional Park. There is an existing OVRP trail segment into the Regional Park within the southwest corner of the Specific Plan at Broadway. The Business Park design provides transitional vegetation and buffers between the development lots and the Otay River, which are not suitable for additional trail connectivity. The Specific Plan does not provide for any new trails from the Business Park development lots, rather, all trail access will be directed to approved trail locations as encouraged by the OVRP Concept Plan. The Business Park development will provide pedestrian and bicycle circulation along street frontages that will allow for connectivity to this approved trail, providing opportunities for people in the Business Park to readily access the regional park for recreation. The Future Community Park is anticipated to incorporate trail connections into the OVRP for additional linkages in the area. Specific design and configuration of such trail connections would be addressed as part of the future park planning process, and should follow the OVRP Design Standards and Guidelines for the design of trails in this area. 5.5 Sustainable Design Strategies  All new structures shall adhere to minimum Tier 1 standards of the CAL Green Code, the State of California Building Code Standards (Title 24).  Drought-tolerant landscape and low water use irrigation fixtures are required to reduce dependency on potable water.  Promote water conservation efforts for the Specific Plan area and individual businesses.  Promote the use of renewable energy by encouraging photovoltaic (solar) panels.  Encourage all buildings to take advantage of natural ventilation and natural day lighting.  Encourage building materials to be of recycled content or rapidly renewable, and locally-sourced.  Promote the use of alternative forms of mobility not dependent on fossil fuels, including the installation of electric vehicle charging stations in parking areas, the provisions of bicycle racks near building entries, changing rooms and showers for bicycle commuters, and the accommodation of scooter and motorcycle parking. 2018-03-06 Agenda Packet Page 449 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 66 CHAPTER 6 - INFRASTRUCTURE AND PUBLIC FACILITIES The Chula Vista General Plan’s Growth Management Element establishes the policy basis for growth management provisions, and the Public Facilities and Services Element establishes the city’s plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. The City of Chula Vista adopted a Growth Management Ordinance in 1991, last updated in 2014, (Chapter 19.09 of the CVMC) to address public services and ensure that development occurs where facilities already exist or that facilities are provided during the development, with standards to ensure that the City can maintain a standard for quality of life issues for residents of Chula Vista. One of the key provisions relative to the western Chula Vista area is to promote revitalization and redevelopment of older portions of the city, and this Otay River Business Park Specific Plan (ORBPSP) will implement those goals. Facility Master Plans / Development Impact Fees (DIF) The City of Chula Vista utilizes facility master plans to plan for future adequacy of public facilities and services at build-out of the City. They contain assumptions regarding existing and projected land uses and development projections, and identify specific facilities that will serve the build-out of future development, along with phasing and cost estimates. Development Impact Fees and other associated funding programs are established based on the needs identified in the master plans. To ensure that capital facilities will be constructed for the benefit of new development, Development Impact Fees (DIF) are to be paid for each development project within the city. DIFs are one-time charges that fund capital construction of additional sewer systems, roads, libraries, parks and recreation facilities, etc. made necessary by the presence of new residents and uses. Costs are apportioned to individual units of remaining development by type (residential, commercial, industrial) and are regularly reviewed for potential updates considering changing land uses, costs and/or other circumstances. Public Facility Financing Plans (PFFPs) Section 19.09.080 of the CVMC discusses the requirement for the creation of a Public Facilities Financing Plan (PFFP). The ORBPSP area is in western Chula Vista, outside of the PC Zone. In this area, the Chula Vista regulatory framework has been established to encourage and manage desirable development and redevelopment, given the unique development challenges faced in this area. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, which may require improvements or dedications; and through payment of Development Impact Fees. This chapter of the Specific Plan is intended to function as an equivalent to a PFFP for the future development in accordance with the ORBP Specific Plan and Tentative Map. Financing mechanisms discussed in Section 6.3 below show that the Otay River Business Park Specific Plan will be responsible for dedications and improvements to facilities that could be affected by the development of a business park on this site. This Specific Plan section identifies the financial responsibility, and financing method for each public facility, and includes a summary of phasing to ensure threshold compliance during project construction. 2018-03-06 Agenda Packet Page 450 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 67 Development within the ORBP will also pay DIF fees to account for the incremental effect of new development in accordance with the Facility Master Plans. Fiscal Impact Analysis (FIA) The industrial and commercial uses within the ORBP will fund and construct for infrastructure needed for those uses and will pay Development Impact Fees to cover incremental costs associated with the new development of this area. As a non-residential project generating jobs, increased property tax and sales tax revenues, the City (through the Development Services Director) has determined that the project will have a positive fiscal impact, and a separate Fiscal Impact Analysis is not required for this Specific Plan. 6.1 Public Facilities and Services Each of the facilities and improvements necessary for development of the ORBP is discussed in this section. Specific location and design for these improvements are shown on the Tentative Map, to implement these Specific Plan requirements. A. Circulation and Access Development of the ORBP will include construction of new streets and improvement of existing frontage streets adjacent to the Specific Plan area, to provide adequate circulation for vehicles, bicycles and pedestrians. A description of these improvements by street is provided below to outline the circulation and access requirements of the Specific Plan. Details of these improvements will be shown on the Tentative Map, and implemented in accordance with the phasing discussed in Section 6.2. All circulation and access improvements shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Main Street adjacent to the Site on the northern boundary of the Specific Plan is the primary vehicle access to the area from Interstates 5 and 805. The City of Chula Vista has adopted the Main Street Streetscape Master Plan (MSSMP) for this segment. This is a framework plan for a “Complete Street” - a balanced, connected, safe, and convenient transportation network designed to serve all users regardless of their mode (via walking, biking, and transit, or driving cars or trucks). The plan outlines improved bike and pedestrian connections along Main Street, promotes water conservation by incorporating green street design elements such as curb extensions, medians with drought tolerant vegetation, and shade trees, and establishes a street theme and identity for specific segments of the street. This Specific Plan requires improvements consistent with the Main Street Streetscape Master Plan (http://www.chulavistaca.gov/departments/development-services/planning) and improvements to be implemented in conjunction with development of the ORBP are outlined below. 1. An 8.5-foot dedication along the project boundary (south side of Main Street) shall be made to the City of Chula Vista, with a new median and 2018-03-06 Agenda Packet Page 451 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 68 restriping provided as shown on exhibit 11 to accommodate specified lane widths and medians in the MSSMP. 2. Curb, gutter, and non-contiguous sidewalk, per the MSSMP, meeting ADA standards, shall be provided along the Specific Plan frontage. 3. A 5.75-foot bicycle lane and 2-foot buffer from vehicular travel lanes. 4. Existing electrical boxes at the corner of Main Street and Fourth Avenue shall be relocated in conjunction with site development to an appropriate location on the same corner, in order to accommodate the pedestrian and landscape improvements. 5. Two driveways on Main Street shall be permitted between 7th Avenue and Fourth Avenue, with locations to be approved by the City of Chula Vista Director of Development Services. Fourth Avenue on the eastern boundary of the Specific Plan area is a secondary access route to the northern portion of the site and will also connect with the extended Faivre Street. Improvements to be implemented by the Specific Plan are outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided on the west side of Fourth Avenue along the Specific Plan frontage. 2. A 5-foot bicycle lane and 3-foot buffer shall be included on the west side of Fourth Avenue along the Specific Plan boundary. 3. Parking on the west side of Fourth Avenue along the Specific Plan boundary shall be prohibited. 4. One driveway on Fourth Avenue shall be permitted between Main Street and Faivre Street, with location to be approved by the City of Chula Vista Director of Development Services. 5. Improvement of the intersection of Fourth Avenue and Faivre Street shall include a signalized intersection and crosswalks in accordance with the City of Chula Vista standards, to be approved by the City of Chula Vista Traffic Engineering Department. 7th Avenue is currently a public road providing access to adjacent residential and business uses, with limited pavement width and no curbs, gutters or sidewalks. It is to be extended to connect Main Street to the planned Faivre Street with additional improvements as outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided along the east side of 7th Avenue between Main Street and the proposed Faivre Street extension, and along the west 2018-03-06 Agenda Packet Page 452 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 69 side of 7th Avenue south of the existing Alley. Along the west side of 7th Avenue between Main Street and the existing Alley, the sidewalk may be contiguous to the curb and gutter due to existing landscape and improvements. 2. Vehicular lanes shall be reconstructed to a minimum of 11-foot wide, with a 6-foot dedicated, striped bicycle lane and 3-foot buffer on each side. 3. Driveway access to Planning Area 1 and Planning Area 2 on the east side of 7th Avenue may be provided as a shared driveway, or as two separate driveways, with final location and spacing to be approved by City of Chula Vista Director of Development Services. 4. Parking along 7th Avenue shall be prohibited. 5. Improvement of the intersection of 7th Avenue and Main Street shall include a signalized intersection and crosswalks in accordance with the Main Street Streetscape Master Plan. Faivre Street will be a new public street connecting Broadway to Fourth Avenue, creating an east-west access through the Specific Plan site. Improvements to this new extension of Faivre Street to be implemented under the Specific Plan are outlined below. 1. Curb, gutter, and non-contiguous sidewalk, meeting ADA standards, shall be provided along both sides of Faivre Street. 2. Vehicular lanes shall be a minimum of 11-foot wide, with a minimum of 5-foot wide striped bicycle lane on each side. 3. A 12-foot striped two-way left turn lane shall be provided for turning access into properties on both sides of the street to accommodate passenger cars and semi-trucks. Median curbs or other impediments to large trucks shall be prohibited within Faivre Street. 4. The intersection at Faivre Street and 7th Avenue may be an all-way stop. 5. Up to five driveways may be constructed on the south side of Faivre Street, and a total of four on the north side. Final driveway locations are to be approved by City of Chula Vista Director of Development Services. 6. Parking along Faivre Street shall be prohibited. Broadway on the western boundary of the Specific Plan provides a primary access to the southern portion of the site and to Faivre Street. Improvements to be implemented by the Specific Plan are outlined below. 2018-03-06 Agenda Packet Page 453 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 70 1. New corner curbs to meet ADA standards and curb, gutter, and contiguous sidewalks shall be provided on the north and south sides of Faivre Street abutting Specific Plan boundary to connect to existing sidewalks. 2. Existing driveways off Broadway into the Specific Plan property shall be closed. A new driveway into the project site south of Faivre Street may be constructed, with final location to be approved by City of Chula Vista Director of Development Services. 3. Improvement of the intersection of Broadway and Faivre Street shall include a signalized intersection and crosswalks in accordance with the City of Chula Vista standards, to be approved by the City of Chula Vista City Engineer. Alley, existing, is adjacent to part of the northern boundary of the Specific Plan just west of 7th Avenue to Broadway, and will provide secondary access to building pads in the northwest portion of the Specific Plan. Improvements to be implemented by the Specific Plan are outlined below. 1. Reconstruction and repaving of the alley to allow water runoff along the center of the alley shall be provided for the segment adjacent to the Specific Plan boundary and may include the off-site segment west of the Specific Plan boundary (7th Avenue to Broadway). 2. Lots between the Faivre Street extension and the Alley may have access from driveways off the Alley along the Specific Plan boundary. B. Water Facilities The project site is within the City of Chula Vista and water service is provided by the Sweetwater Authority, a joint powers public water agency. Existing water lines are located in Main Street, Fourth Avenue, and 7th Avenue to the project site. Additional water lines shall be provided for water, fire services and irrigation. A water supply, with new and replacement pipes sized for the project buildout estimates, shall be developed along 7th Avenue, the alley, and Faivre Street, connecting to the existing lines on Main Street and Fourth Avenue and creating a looped system. Stubs will be provided for future parcels or buildings. All new water facilities shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Exhibit 16 Water Utilities C. Sewer Facilities The project site is within the City of Chula Vista Wastewater Faivre Basin 1, and sewer service is provided by the City of Chula Vista. Existing sewer mains are 2018-03-06 Agenda Packet Page 454 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 71 adjacent to the property on Main Street, and through the Specific Plan property in an existing City of Chula Vista easement. Based on the sewer study provided with the Specific Plan, the existing lines have adequate capacity for the proposed land uses. New onsite sewer lines shall be provided in 7th Avenue to connect future parcels with these existing facilities. An existing sewer main easement on the site for the City of San Diego shall be maintained, with an addition to the easement per the associated tentative map. All new sewer facilities shall be constructed as part of the implementation of the Tentative Map when approved with this Specific Plan. Exhibit 17 Sewer Utilities D. Stormwater and Drainage Facilities The City of Chula Vista Public Works Department is responsible for ensuring that safe and efficient storm water drainage systems are provided concurrent with development in order to protect the residents and property within the city. City staff reviews individual projects to ensure that improvements are provided which are consistent with the drainage master plan(s) and that the project complies with all City engineering drainage standards. The City of Chula Vista Subdivision Manual; Engineering Department and Land Development; Section 3, March 2012, provides design criteria to comply with city design standards. A storm drain system shall be incorporated into the project design that provides treatment for stormwater runoff within the Specific Plan project. This shall include bioretention and desiltation basins as necessary to meet water quality requirements, sized and located according to the proposed mass grading plan and tentative map. These and any future basins, pending approval of a development plan by the City of Chula Vista, shall connect to the existing storm drain outlet at the southwest corner of the property. Drainage from the adjacent public streets and the private lots may be combined into common basin(s). Maintenance of all storm water basins within the Specific Plan area, including any future basins located within private lots or within the public right-of-way adjacent to the private property shall be maintained by the owner(s) of properties within the Specific Plan through a Business Owner’s Association. Exhibit 18 Drainage Plan E. Electricity Power poles within the Specific Plan boundaries or directly adjacent to the Plan boundaries shall be undergrounded by the Site developer, except where the poles are providing overhead power service to existing uses that need to be maintained. 2018-03-06 Agenda Packet Page 455 OTAY RIVER BUSINESS PARKSPECIFIC PLANWATER UTILITIESSource:SanGIS 8-15K&S EngineeringEXHIBIT162018-03-06 Agenda PacketPage 456 OTAY RIVER BUSINESS PARKSPECIFIC PLANSEWER UTILITIESSource:SanGIS 8-15K&S EngineeringEXHIBIT172018-03-06 Agenda PacketPage 457 OTAY RIVER BUSINESS PARKSPECIFIC PLANDRAINAGE EXHIBITSource:SanGIS 8-15K&S EngineeringEXHIBIT182018-03-06 Agenda PacketPage 458 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 75 F. Solid Waste The City of Chula Vista has franchise agreements for solid waste removal and recycling services. Each building owner or tenant shall be responsible for any fees required for waste and recycling services. Treatment of solid waste shall comply with the City’s Recycling and Solid Waste Manual. G. Public Safety: Police Services, Fire and Emergency Services Police services will be provided by the City of Chula Vista. The nearest police station to the Specific Plan site is at 315 Fourth Avenue, approximately 3 miles north of the site. Fire and emergency services will be provided by the City of Chula Vista. The nearest fire department to the Specific Plan site is Fire Department Station No. 5 at 391 Oxford Street less than 2 miles away, with Stations No. 9 (266 E. Oneida Street) and No. 3 (1410 Brandywine Avenue), each located approximately 3 miles away. Development in accordance with the Specific Plan will provide a new public road (Faivre Street extension) parallel to and south of Main Street, between Broadway and Fourth Avenue, along with additional intersection and street frontage improvements that will improve circulation and access for police, fire and emergency response within the development area. As the site develops, the new industrial and commercial uses would add employees, customers and visitors to the site. This could result in an incremental increase in demand for police, fire and emergency services as associated with any new development. H. Schools The City of Chula Vista is served by the Chula Vista Elementary School District and the Sweetwater Union High School District. Since no residences are included as part of the Specific Plan, there is no potential for affecting the demand for school facilities within Chula Vista. I. Libraries Library services are provided by the City of Chula Vista. No residences are added as part of the Specific Plan that would increase population to affect the public library system of Chula Vista. J. Parks and Recreation The project site is not subject to the Growth Management Oversight Commission parks and recreation threshold as it is located on the west side of I- 805. However, the General Plan and the OVRP Concept Plan, which the property is within, identify a potential future park site within the vicinity of the subject property. The Specific Plan land uses designate approximately 13.9 2018-03-06 Agenda Packet Page 459 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 76 acres as undeveloped land available for purchase by the City of Chula Vista for use as a community park. 6.2 Construction Sequence The initial phase of construction shall be the mass grading and backbone infrastructure for the entire business park. This will include:  Wet and dry utility installation, including water, sewer storm drain, gas, electric, telephone and cable services  Street improvements including pavement, curb, gutter, sidewalk and parkway landscaping, with traffic signal installation  Bioretention basins per the mass grading plan  Landscaping of perimeter slopes  Erosion control on the future development lots and future Community Park site These improvements will allow for flexibility in the sequencing of development on individual parcels. Structure construction will be determined by future proposed development plans and building square footages have not been determined for this Specific Plan. 6.3 Financing Mechanisms A. Improvement Financing Several types of financing strategies and tools are available for financing development and necessary infrastructure improvements. Since this Specific Plan area is located at an infill location, no major offsite improvements are necessary at this time, and limited financing mechanisms are needed. For development within this Specific Plan area, funding for on-site facilities shall be provided directly by the project. This includes improvements within or across adjacent public rights-of way provided concurrent with the project development, such as local street improvements, utility connections from the main trunk lines, and drainage facilities. The construction of all public street right-of-way (ROW) and utility improvements, private onsite improvements including buildings, parking areas, landscape and hardscape, and amenities serving the project will be the responsibility of the developer/property owner. These improvements will be privately financed. 2018-03-06 Agenda Packet Page 460 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 77 The Public Facilities Development Impact Fees (PFDIF) dated October 2017 have been used to estimate fees and are subject to change as fees are amended by the City of Chula Vista. Fees based on acreage of proposed land use have been calculated per Specific Plan designations, estimated at 2.9 acres designated commercial (PA-1) and 28.3 acres designated industrial (PA-2 and PA-3). Fees based on building square footages will be calculated when development plans are submitted, as no structures are proposed with this Specific Plan and tentative map. A description of fees for each facility is discussed below, and summarized in Table #1. All fees are subject to change and annual increases and will need verification. Current fees can be determined through the City of Chula Vista (http://www.chulavistaca.gov/departments/finance/master-fee- schedule). Police The current Police PFDIF are $8,587/acre for Commercial use and $1,851/acre for Industrial use, due at the time of issuance of building permits. Fire and Emergency Services The current Fire and EMS PFDIF are $4,014/acre for Commercial use and $799/acre for Industrial use due upon issuance of building permits. Schools California Government Code Section 65995 et. seq. and Education Code Section 17620 et. seq. authorize school districts to impose facility mitigation exactions on new development as a way to address increasing enrollment caused by that development. For non-residential development the statutory fee rates as of September 2017 are $0.25 in the Chula Vista Elementary School District and $0.31 in the Sweetwater Union High School District for a combined total of $0.56 per square foot. Prior to the issuance of each building permit, the applicant(s) shall pay the School Facility Mitigation Fees in accordance with the fees in effect at the time of building permit issuance, which may be different than those listed above. Libraries Financing for the library system is provided by PFDIF fees which are assessed only for residential units. No impact fees are required for commercial or industrial developments, so no funding would be associated with the Specific Plan uses. Parks and Recreation Park acquisition and development fees are assessed only for residential units. The Specific Plan includes commercial and industrial uses west of I-805 and is not subject to fees for parks and recreation. Water Fees may be collected by the Sweetwater Authority for connection to existing lines, installation of water meters, and installation of fire protection system 2018-03-06 Agenda Packet Page 461 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 78 connection. Fees will be determined upon approval of development plans for the Specific Plan parcels. Sewer Final determination of sewer fees will be calculated at final map, and include but are not limited to the following: Administrative fees $220.00 per Sewer Connection Permit for commercial and industrial Sewerage Participation Fee $3,584 per Equivalent Dwelling Unit Tap into main, 4" lateral $600.00 without City lateral Tap into main, 6" lateral $760.00 without City lateral Connection Fee $16.00 per foot of property frontage Drainage All onsite storm water conveyance will be constructed by the developer of the Otay River Business Park. Basins and storm drains to control both the quantity and quality of runoff from the site will be constructed in conjunction with all mass grading activity. Additional requirements for storm water treatment will be designed and built in conjunction with structure design and construction associated with each additional phase. All storm drains within the commercial and industrial areas of the Specific Plan will be maintained by a Business Owner’s Association created for and funded by all businesses located within the Specific Plan. Stormwater facilities associated with the future community park would be designed, installed and maintained by the City in conjunction with other park facilities. Traffic Traffic Signal fees are collected to fund identified signals city-wide at key intersections, and are based on trip generation at $38.75 per driveway (total) trips. This fee has been calculated based on Average Daily Trips (ADT) estimated in the Traffic Impact Analysis. Driveway rates (7908 ADT) are based on general land uses of the SP and should be confirmed upon submittal of development plans. The traffic signal at the intersection of Main Street and 7th Avenue recommended by the Main Street Streetscape Master Plan shall be constructed by the developer, and is eligible for fee credits against the Signal fees. Two traffic signals that are project-specific and necessary for the Specific Plan shall be funded by the developer of the Specific Plan. These are located at the intersections of Broadway and Faivre Street and at Fourth Avenue and Faivre Street. The ORBPSP site is located west of Interstate 805 in the Western Territory of Chula Vista, and therefore subject to Western Territory Development Impact 2018-03-06 Agenda Packet Page 462 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 79 Fee of $68,160/acre for Retail Commercial (specialty retail/strip commercial), and $38,340/acre for Industrial Park (office/industrial uses clustered into a center, primary is industrial but may include high percentage of other services or retail). Civic Center The Civic Center PFDIF current at the time of this Specific Plan are $9,588/acre for Commercial use and $3,030/acre for Industrial use. Corporation Yard The Corporation Yard PFDIF current at the time of this Specific Plan are $8,301/acre for Commercial use and $3,909/acre for Industrial use. Program Administration The Program Administration PFDIF current at the time of this Specific Plan are $2,085/acre for Commercial use and $659/acre for Industrial use. Table #1 Otay River Business Park Specific Plan Facility Fee Summary Facility PA-1 PA-2 PA-3 Total Police $25,246 $19,084 $33,244 $77,574 Fire/EMS $11,801 $8,238 $14,350 $34,389 Schools tbd tbd tbd tbd Libraries n/a n/a n/a n/a Parks & Rec n/a n/a n/a n/a Water tbd tbd tbd tbd Sewer tbd tbd tbd tbd Drainage n/a n/a n/a n/a WTDIF $200,390 $395,285 $688,586 $1,284,261 Traffic Signal --- --- --- $306,435 Civic Center $28,189 $31,239 $54,419 $113,847 Corp. Yard $24,405 $40,302 $70,206 $134,913 Prog. Admin. $6,130 $6,794 $11,836 $24,760 Total $296,161 $500,942 $872,641 $1,976,179 * The Public Facilities Development Impact Fees (PFDIF) dated October 2017 have been used to calculate fees and are subject to change as fees are amended by the City of Chula Vista and the applicable school districts. Totals include only those fees calculated based on acreage (2.94 acres in PA-1, 10.31 acres in PA-2, and 17.96 acres in PA-3), and are estimates until the submittal of the final map. Fees calculated on building square footages are not included. 2018-03-06 Agenda Packet Page 463 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 6 – INFRASTRUCTURE AND PUBLIC FACILITIES DECEMBER 2017 PAGE 80 B. Maintenance Financing The recurring maintenance costs for infrastructure and improvements will be provided as follows: Roadways Maintenance of vehicular travel ways, curbs, gutters and concrete sidewalks within the public rights-of-way will be provided by the City of Chula Vista and funded by the City’s tax revenue. Private driveways within the Specific Plan area and alleys adjacent to the Specific Plan area, which are not maintained by the City of Chula Vista, will be maintained by the property owners or Business Owners’ Association (BOA). Utility Infrastructure Maintenance of public utilities and facilities except as noted will be the responsibility of the City of Chula Vista (storm drains). Sweetwater Authority maintains water lines. Sewer laterals are maintained privately to the centerline by property owners or a BOA created for the Specific Plan area. Public service utilities contracted to private companies, such as solid waste disposal, will be maintained by the owner of the property. Private utilities, such as electric, gas, telephone, cable television and internet service will be maintained by the respective individual private utility company. Landscaping Maintenance of all landscape and hardscape on the project site and in the public rights-of-way, including bioretention basins, Main Street median installed by project, frontage improvements including sidewalks and parkways, walls, and connections to the public sidewalk from the project site, will be the responsibility of the property owners or BOA to be created for the Specific Plan area. 2018-03-06 Agenda Packet Page 464 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 81 CHAPTER 7 - PLAN IMPLEMENTATION AND ADMINISTRATION 7.1 Introduction This chapter describes the authority of a Specific Plan, the process that will be used to consider development applications and the administrative procedures required for amendments and/or modifications to the Plan. A Specific Plan is a regulatory tool that local governments use to implement their General Plan and to guide development in a localized area. While the General Plan is the primary guide for growth and development throughout a community, a Specific Plan is able to focus on the unique characteristics of a specialized area by customizing the vision, land uses and development standards for that area. This Specific Plan has been prepared and adopted pursuant to Section 65450 et. seq. of the California Government Code. 7.2 Specific Plan Adoption The Otay River Business Park Specific Plan shall not be effective unless and until it is adopted by an Ordinance of the City Council. Upon adoption, the Specific Plan implements the adopted General Plan by establishing the land uses, development regulations and design guidelines for the Specific Plan area. 7.3 Specific Plan Administration and Development Review Development projects within the Specific Plan area shall be subject to a design review process to ensure consistency with the Specific Plan, except as provided below. The Design Review Process is outlined in Chapter 19.14 of the Chula Vista Municipal Code. All developments within the Specific Plan area require submittal and approval of a Design Review Permit. To be approved, a development project must:  Comply with the permitted uses and development criteria contained in Chapter 4 - Development Regulations of this Specific Plan, and other applicable regulations contained in the CVMC; and  Be found to be consistent with the design requirements and recommendations contained in Chapter 5 - Design Guidelines of this Specific Plan and Section 5 of the OVRP Design Guidelines for Private Development.  Within the Future Park area, development shall comply with the OVRP Design Standards and Guidelines, Section 1-6. The design review permit will include all conditions of approval ranging from design, environmental mitigation measures, public improvements, and others as may be determined upon review of the specific development project. The design review process will ensure an enhanced level of review for major projects, while minimizing 2018-03-06 Agenda Packet Page 465 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 82 processing for minor projects, as defined by CVMC Section 19.14.582(g), as may be amended from time to time. In addition, proposed developments would also be required to adhere to existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions, as may be applicable. (See 2.55, 19.14, and 19.54, as may be amended from time to time). The provisions of the Zoning Ordinance relative to other discretionary permits or actions (e.g. Tentative Map, Conditional Use Permits) shall be applied as required based on individual development projects. Permitted land uses within the Specific Plan Area are identified in the Land Use Matrix in Chapter 4. The Development Services Director or his/her designee may determine in writing that a proposed use is similar and compatible to a listed use and may be allowed upon making one or more of the following findings:  The characteristics of and activities associated with the proposed use is similar to one or more of the allowed uses and will not involve substantially greater intensity than the uses listed;  The proposed use will be consistent with the purpose and vision of the applicable area;  The proposed use will be otherwise consistent with the intent of the Specific Plan;  The proposed use will be compatible with the other uses listed. The Development Services Director or his/her designee may refer the question of whether a proposed use is allowable directly to the Planning Commission for a determination at a public hearing. A determination of the Development Services Director or his/her designee, or Planning Commission may be appealed in compliance with the procedure set forth in the CVMC. 7.4 Existing/Nonconforming Uses Existing uses that are not listed in the allowable land uses table or determined to be permitted pursuant to the findings and procedure above are, upon adoption of this Otay River Business Park Specific Plan, considered to be nonconforming uses. Such uses shall not be allowed to continue in operation, and shall be abated no later than six months from the date the Specific Plan becomes effective. 7.5 Exemptions Exemptions to Specific Plan requirements include minor modifications to existing structures such as painting, maintenance or repair, re-roof, modifications that increase the total building area by 200 square feet or less (within a 2-year period) as well as other exceptions and modifications described in CVMC 19.16, as may be amended from time to time. 2018-03-06 Agenda Packet Page 466 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 83 7.6 Site Specific Variance Standards contained within the Specific Plan are mandatory requirements that must be satisfied for all new projects and building renovations except where the CVMC Variance regulations (Chapter 19.14.140 - 19.14.270, as may be amended from time to time) provide for a variation from the strict application of the regulations of a particular area. 7.7 Development Exceptions The land use and development regulations encourage the siting of a variety of land uses in an urban environment that is both pedestrian and environmentally sensitive. To further achieve this goal and promote innovative design, it may be necessary to be flexible in the application of certain development standards. As such, development exceptions may be authorized by the decision making body for the project if all of the following findings are made: 1. The proposed development will not adversely affect the goals and objectives of the Specific Plan and General Plan. 2. The proposed development will comply with all other regulations of the Specific Plan. 3. The exception or exceptions are appropriate for this location and will result in a better design or greater public benefit than could be achieved through strict conformance with the Specific Plan development regulations. Consideration of a development standard exception shall be concurrent with the review of the Design Review or other permit, as may be required pursuant to Section 7.3 of this Chapter. 7.8 Specific Plan Interpretations In instances where any section, subsection, sentence, clause, phrase, portion, or word contained within this Specific Plan is undefined, unclear or vague, then the Development Services Director shall make a determination as to its meaning and intent. The Development Services Director or his/her designee may elect to forward interpretations to the Planning Commission for final determination at his/her discretion. Corrections of typographical or administrative errors found in the Otay River Business Park Specific Plan document shall not require an Amendment to the Specific Plan. 2018-03-06 Agenda Packet Page 467 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 84 7.9 Specific Plan Amendment This document attempts to be comprehensive, but it is understood that not all things can be envisioned, and there may be situations where modifications in the Specific Plan may be necessary. The policies presented in the Specific Plan contain some degree of flexibility, but any Specific Plan amendments must be judged by relatively fixed criteria. The California Government Code (§ 65453) states that a Specific Plan “may be amended as often as deemed necessary by the legislative body.” Amendments to this Plan may be initiated by a developer, any individual property owner, or by the City, in accordance with any terms and conditions imposed during the original approval or in accordance with any terms and conditions pertaining to Chula Vista Municipal Code. The Development Services Director or his/her designee is responsible for making the determination of whether an amendment to the Specific Plan text or maps is needed. The applicant shall be required to submit a completed application with graphics, statements, or other information as may be required to support the proposed amendment. Amendment procedures are described below.  Proposals to amend the Specific Plan must be accompanied by detailed information to document the change required. This information should include revised Specific Plan text (or excerpt thereof) and revised land use diagram or map amendment, where relevant, depicting the amendment requested.  Preparation and review of the Specific Plan has been based on comprehensive analysis and best available information at the time of adoption. Any proposals to amend the Specific Plan must therefore document the need for such changes. The City and/or applicant should indicate the economic, social, or technical issues that generate the need to amend the Specific Plan. Costs incurred for the amendments shall be the responsibility of the party requesting the amendment.  The City and/or applicant must provide an analysis of the amendment’s impacts relative to the adopted environmental review document. Depending on the nature of the amendment, supplemental environmental analysis may be necessary. The need for such additional analysis shall be determined by the City of Chula Vista in accordance with the California Environmental Quality Act (CEQA Guidelines § 15162). A. Major and Minor Amendments The Development Services Director or his/her designee shall within 10 days of any submittal of a request to amend this Plan, determine whether the amendment is “minor” (administrative) or “major”. Major amendments (described below) require an advisory recommendation by the Planning Commission and approval by the City Council. If the amendment is determined to be minor, the Development Services Director, or his/her designee, may approve or deny the application. Minor amendments must be determined by 2018-03-06 Agenda Packet Page 468 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 85 the Development Services Director to be in substantial conformance with the provisions of the Specific Plan and do not include any changes described below for major amendments. Any decision of the Development Services Director, or his/her designee, may be appealed to the City Council, provided said appeal is initiated within 10 working days of receipt by the applicant of written notice of the decision of the Development Services Director, or his/her designee. Examples of “major” amendments include: 1. The introduction of a new land use designation not contemplated in the Specific Plan, as may be amended from time to time. 2. Changes in the designation of land uses affecting two acres or more from that shown in the Specific Plan, as may be amended from time to time. 3. Changes to the circulation system or other community facility which would materially affect a planning concept detailed in the Specific Plan, as may be amended from time to time. 4. Changes or additions to the design guidelines which materially alter the stated intent of the Specific Plan, as may be amended from time to time. 5. Any change which would result in new significant, direct adverse environmental impacts not previously considered in the prior environmental review. B. Necessary Findings The Development Services Director, or his/her designee will review the request for Specific Plan Amendment and all submitted supporting material and develop a recommendation on the Specific Plan Amendment for consideration by the Planning Commission and City Council. The Development Services Director or his/her designee may also request further clarification and submittal of additional supporting information, if necessary. The consideration of any proposed amendment to the Specific Plan shall require that the following findings be made: 1. Changes have occurred in the community since the approval of the original Specific Plan which warrants approving the proposed amendment; and 2. The proposed amendment is consistent with the General Plan for the City of Chula Vista; and 3. The proposed amendment will result in a benefit to the area within the Specific Plan; and 2018-03-06 Agenda Packet Page 469 OTAY RIVER BUSINESS PARK SPECIFIC PLAN CHAPTER 7 – CONSISTENCY WITH THE GENERAL PLAN DECEMBER 2017 PAGE 86 4. The proposed amendment will not result in significant unmitigated impacts to adjacent properties; and 5. The proposed amendment will enable the delivery of services and public facilities to the population within the Specific Plan area. 2018-03-06 Agenda Packet Page 470 2018-03-06 Agenda Packet Page 471 2018-03-06 Agenda PacketPage 472 2018-03-06 Agenda PacketPage 473 2018-03-06 Agenda PacketPage 474 2018-03-06 Agenda PacketPage 475 2018-03-06 Agenda PacketPage 476 2018-03-06 Agenda PacketPage 477 2018-03-06 Agenda PacketPage 478 2018-03-06 Agenda PacketPage 479 2018-03-06 Agenda PacketPage 480 2018-03-06 Agenda PacketPage 481 2018-03-06 Agenda PacketPage 482 City of Chula Vista Staff Report File#:18-0058, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNITED HEALTHCARE INSURANCE COMPANY, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR FULL- TIME BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICERS ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista offers a Group Disability Program to provide income replacement and insurance premium continuation for eligible City of Chula Vista employees who are unable to work due to illness or non-occupational injury. The Program includes both Short-Term Disability (STD) benefits and Long-Term Disability (LTD) benefits. Covered employees are all active benefited-salaried employees directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, Western Council of Engineers, Association of Chula Vista Employees, and Confidential. Employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF) are excluded from this benefit, as they maintain their own plans. From January 1, 2013 through December 31, 2017, the City’s STD and LTD provider was Cigna Insurance Plan. To ensure the City procures the most competitively priced coverage and services for its employees, a Request for Proposal (RFP) for STD and LTD insurance was issued in July 2017. The contract was awarded to United HealthCare Insurance Company effective January 1, 2018. The policy term is renewable up to three years unless the City chooses not to extend. 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 City of Chula Vista Printed on 3/1/2018Page 1 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 483 File#:18-0058, Item#: 12. 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 The City of Chula Vista offers a Group Disability Program to provide income replacement and insurance premium continuation for eligible City of Chula Vista employees who are unable to work due to illness or non-occupational injury. The Program includes both Short Term Disability (STD) benefits and Long-Term Disability (LTD) benefits. Covered employees are all active benefited-salaried employees directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, Western Council of Engineers, Association of Chula Vista Employees, and Confidential. Employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF) are excluded from this benefit, as they maintain their own plans. An eligible employee who is disabled according to the policy’s definition of disability may be eligible to receive benefits. From January 1, 2013 through December 31, 2017, the City’s STD and LTD provider was Cigna Insurance Plan. To ensure the City procures the most competitively priced coverage and services for its employees, a Request for Proposal (RFP) for STD and LTD insurance was issued in July 2017. The policy was awarded to United HealthCare Insurance Company effective January 1, 2018. The policy term is renewable up to three years unless the City chooses not to extend. Short-term disability (STD) coverage is based upon 60% of the basic earnings up to a maximum of $1,732 per week. Benefits would begin after an “Elimination Period” of 30 days for an accident or sickness and would be paid for as long as the employee continues to meet the policy’s definition of disability. STD benefits are payable for up to nine weeks. After nine weeks, coverage transitions to Long-term Disability (LTD). LTD benefit is 60% of the employee’s monthly earnings to a maximum of $7,500 per month. Employees represented by the Association of Chula Vista Employees (ACE) and Western Council of Engineers (WCE) and may be eligible for an additional 20% LTD coverage for up to a maximum of $5,000 per month. LTD benefits duration is based on the employee’s age when the disability occurs up to the Social Security normal retirement age. Benefits are calculated based on the employee’s earnings and may be reduced by Other Income Benefits and Disability Earnings. Examples of other income benefits are any temporary disability benefits received under the Workers’ Compensation Law or any amount received under unemployment compensation law. DECISION-MAKER CONFLICT City of Chula Vista Printed on 3/1/2018Page 2 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 484 File#:18-0058, Item#: 12. Not Applicable - Not Site-Specific 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 member of the City Council of the City of Chula Vista, 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 City of Chula Vista has a fiduciary responsibility that funds are managed and well protected. It also has an obligation to ensure employees are provided the best benefits and income protection. Therefore, entering into this contract will accomplish both objectives and will help achieve Operational Excellence. CURRENT YEAR FISCAL IMPACT Cost for FY 2017-2018 had been included in the approved FY 2017-2018 budget. Awarding the policy to United HealthCare will reduce the cost increase for Plan Year 2018 by 20%. Cigna 2017 Rates Cigna 2018 Renewal United HealthCare Proposal Short-term Disability $0.170 $0.233 $0.152 Long-term Disability $0.320 $0.381 $0.310 Total Cost - STD & LTD $222,738 $279,105 $234,822 % Change vs. 2017 Rate 25%5% Volume per $100 of monthly covered payroll $3,788,064 # of Lives 599 ONGOING FISCAL IMPACT Cost for FY 2017-2018 had been included in the approved FY 2017-2018 budget. The estimated cost for FY 2018-19 is $234,822. Appropriation for this item will be considered as part of the proposed FY 2018-2019 budget. ATTACHMENTS United HealthCare Insurance Company Policy Staff Contact: Courtney Chase, Director of Human Resources City of Chula Vista Printed on 3/1/2018Page 3 of 3 powered by Legistar™2018-03-06 Agenda Packet Page 485 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNITED HEALTHCARE INSURANCE COMPANY, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR FULL-TIME BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICERS ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES. WHEREAS, the City of Chula Vista provides short-term and long-term disability benefits to eligible employees; WHEREAS, to ensure the City procures the most competitively priced coverage and services for its employees, a request for proposal to provide short-term and long-term disability benefits to eligible City of Chula Vista employees was issued in July 2017; WHEREAS, Barney & Barney, a Marsh & McLennan Insurance Agency LLC, the City’s broker of record, issued the request for proposal and presented its recommendation to the benefits committee comprising of representatives from all labor groups; WHEREAS, United Healthcare Insurance Company was selected to provide short-term and long-term disability benefits and will do so via an Agreement, a copy of which is on file in the City Clerk’s Office, to provide said benefits; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby ratify and approve the Agreement between the City of Chula Vista and United Healthcare Insurance Company for providing short-term and long-term disability benefits to eligible City of Chula Vista employees (excluding employees represented by CVPOA and IAFF, in that they maintain their own plans). BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby directed and authorized to execute the Agreement on behalf of the City. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2018-03-06 Agenda Packet Page 486 UHCD-POL-CA UnitedHealthcare Insurance Company (Hereinafter referred to as We, Us, or Our) Administrative Offices: 9900 Bren Road East, Minnetonka, MN 55343 Phone: 1-866-615-8727 Policyholder: City of Chula Vista Policy Number: 305255 Effective Date: January 1, 2018 Premium Due Date: January 1 and the first day of each month thereafter Policy Anniversaries will be each January 1 We agree to provide, for eligible persons becoming insured under the Policy, the benefits according to the terms, provisions and limitations of it. The following pages, including any riders, endorsements or amendments, are part of the Policy. The Policy is issued in consideration of the Policyholder's application, a copy of which is attached. The Policy becomes effective at 12:01 A.M. Eastern Standard time on the Effective Date shown above. The Policy will continue in force by the payment of premiums when due. The Policy is subject to termination according to its terms. Read the Policy Carefully This is a legal contract between the Policyholder and Us. If the Policyholder has any questions or problems with the Policy, We will be ready to help the Policyholder. The Policyholder may call upon his agent or Our Home Office for assistance at any time. The Policy is issued in and governed by the laws of California. We have, by its President and Secretary, executed the Policy at Hartford, Connecticut. If the Policyholder or the Covered Person have questions, need information about their insurance, or need assistance in resolving complaints, call 1-866-615-8727. Secretary President Group Short Term Disability, Long Term Disability Insurance Policy Non-Participating 2018-03-06 Agenda Packet Page 487 POLICY GENERAL PROVISIONS POL-PG-CA 1 UHCD-POL-CA Certificates: We will furnish a Certificate summarizing the benefits provided by the Policy to: 1. the Policyholder; or 2. any other person according to a mutual agreement among the other person, the Policyholder and Us; for delivery to each Covered Person. The Certificate(s) describe the benefits, terms, conditions, limitations and exclusions provided by the Policy. If there is a conflict between the Policy and the Certificate, the Policy will control. Clerical Error: Clerical error, whether by the Policyholder or Us will not: 1. affect the amount of insurance which would otherwise be in effect; or 2. continue insurance which otherwise would be terminated; or 3. result in the payment of benefits not otherwise payable. Conformity with State Statutes: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state of California is hereby amended to conform to the minimum requirements of such statute. Incorporation Provision: the provisions of the attached Certificate(s), any individual applications accepted by Us, and any riders, endorsements or amendments including those accepted or issued after the Policy Effective Date, are made a part of the Policy. Information To Be Furnished: The Policyholder or its designee must give Us information, when and in the manner that we ask, needed to administer the Policy. Records: The Policyholder must furnish all information required by Us to: 1. compute premiums; and 2. maintain necessary administrative records. Records of the Policyholder, which have a bearing on insurance, will be available for inspection by Us at any reasonable time. Once an error is discovered, an equitable adjustment in premium will be made. If the premium adjustment involves the return of unearned premium, the amount of the return will be limited to the 12-month period, which precedes the date We receive proof such an adjustment should be made. Workers’ Compensation: This Policy does not provide benefits required by Workers’ Compensation laws. Payment of Premiums: No insurance provided by the Policy will be in effect until the first premium for such insurance is paid. The first policy premium is payable on the Policy Effective Date. Each subsequent premium is due on the first day of each month thereafter. The Policyholder is responsible for paying all premiums on or before the date they are due. However, the premiums may be paid to Us by any other person according to a mutual agreement among the other person, the Policyholder and Us. The Policy will terminate on the last day of the period for which a premium is paid. Payment of a premium for a period before it is due will not guarantee that the insurance will remain in effect. 2018-03-06 Agenda Packet Page 488 POLICY GENERAL PROVISIONS (continued) POL-PG-CA UHCD-POL-CA 2 Premium Rate Change: After the first Policy Anniversary Date, We have the right to change premium rates as of any Premium Due Date but not more than once in any 12 month period. We will notify the Policyholder in writing at least 60 days prior to the change in rates. The premium rate may change prior to this time however, for reasons that affect the insured risk, which include: 1. a change in benefits; 2. a division, subsidiary, or affiliated company is added or deleted; 3. the number of Employees/ members insured changes by 10% or more; 4. a new Law or a change in any existing Law is enacted which applies to the Policy. A change may take effect on an earlier date if both the Policyholder and We agree to it. Except in the case of fraud, premium adjustments, refunds or charges will be made for only the current Policy year. Nonparticipation: The Policy will not be entitled to share in Our surplus earnings. 2018-03-06 Agenda Packet Page 489 POLICY CONTENTS PC-CA UHCD-POL-CA 3 All of the provisions in the Certificate(s) of Coverage, riders, endorsements and any amendments issued for the Policyholder shown below are included and made part of this Policy. DOCUMENTS DESCRIPTION EFFECTIVE DATE Group Short Term Disability Certificate Of Coverage All Active Full Time Benefited- Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, Western Council of Engineers, Association of Chula Vista Employees, and Confidential; excluding employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF) Employees January 1, 2018 2018-03-06 Agenda Packet Page 490 POLICY CONTENTS (continued) POL-PG-CA UHCD-POL-CA 2 Group Long Term Disability Certificate Of Coverage – Class 1 All active Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, and Confidential; excluding employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF). January 1, 2018 Group Long Term Disability Certificate Of Coverage – Class 2 All active Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Western Council of Engineers, and Association of Chula Vista Employees January 1, 2018 Certificate Modifications Rider Amends the contract as outlined January 1, 2018 Policy Modifications Rider Rate guarantee January 1, 2018 2018-03-06 Agenda Packet Page 491 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE ● Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. ● Amounts of Coverage The basic coverage protections provided by the Association are as follows. ● Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: ● Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 ● Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. ● Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org ------------------------------------------------------------------------------------------------------------------------------------ 2018-03-06 Agenda Packet Page 492 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: ● A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract ● A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society ● If the person is provided coverage by the guaranty association of another state ● Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual ● Employer and association plans, to the extent they are self-funded or uninsured ● A policy or contract providing any health care benefits under Medicare Part C or Part D ● An annuity issued by an organization that is only licensed to issue charitable gift annuities ● Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract ● Any policy of reinsurance unless an assumption certificate was issued ● Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance Guarantee Association California Department of Insurance Consumer Communications Bureau P.O Box 16860, Beverly Hills, CA 90209-3319 300 South Spring Street Los Angeles, CA 90013 (323) 782-0182 (800) 927- 4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2018-03-06 Agenda Packet Page 493 GROUP LONG TERM DISABILITY CERTIFICATE OF COVERAGE FOR CITY OF CHULA VISTA POLICY NUMBER: 305255 EFFECTIVE DATE: January 1, 2018 CA – UHIC Class 1 (2-18) 2018-03-06 Agenda Packet Page 494 UHCD-CERT-CA UnitedHealthcare Insurance Company (Hereinafter referred to as We, Us or Our) 185 Asylum Street Hartford, Connecticut (Home Office) Policyholder: City of Chula Vista Effective Date: January 1, 2018 Policy Number: 305255 Beneficiary: As on file with the Administrator We, issue this Certificate to the Covered Person as evidence of insurance under the Policy We issued to the Policyholder shown above. This Certificate describes the benefits and other important provisions of the Policy. Please read it carefully. The Policy may be amended, changed, cancelled or discontinued without the consent of the Covered Person or the Covered Person’s beneficiary. The benefits described in this Certificate insure the Covered Person. This Certificate becomes effective at 12:01 A.M. Eastern Standard time on the Effective Date shown above. Read the Group Certificate Carefully This is a legal contract between the Policyholder and Us. If the Policyholder has any questions or problems with the Policy, We will be ready to help the Policyholder. The Policyholder may call upon his agent or Our Home Office for assistance at any time. If the Policyholder or the Covered Person have questions, need information about their insurance, or need assistance in resolving complaints, call 1-866-615-8727. It is signed at Our Home Office of as of the Effective Date shown above. Secretary President Group Long Term Disability Insurance Policy Non-Participating Administrative Office: 9900 Bren Road East Minnetonka, MN 55343 2018-03-06 Agenda Packet Page 495 TABLE OF CONTENTS UHCD-CERT-CA UIC-TOC-CA Schedule of Benefits ..................................................................................................................................... 1 Covered Person Eligibility, Effective Date and Termination Provisions ........................................................ 3 Long Term Disability Insurance for Covered Person .................................................................................... 5 Certificate General Provisions..................................................................................................................... 14 Glossary of Terms ....................................................................................................................................... 16 California Consumer Complaint Notice ....................................................................................................... 17 2018-03-06 Agenda Packet Page 496 SCHEDULE OF BENEFITS UHCD-CERT-CA 1 SCH-CA Class of Employees This schedule covers the following class(es) of Employees of companies and affiliates controlled by the Policyholder: All active Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, and Confidential; excluding employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF), temporary and seasonal Employees. Description of Class: Employees are considered full-time benefited-salaried if they customarily work: 80 hours biweekly Part-time benefited-salaried employees must be authorized to work at least half-time or 40 hours biweekly Employee Waiting Period: An Employee is eligible for insurance on the later of the following dates: 1. The Group Policy’s Effective Date, January 1, 2018. 2. The date the Employee begins continuous employment with the Policyholder. Cost of Insurance: The Covered Person is not required to contribute to the cost of his insurance. Covered Person Insurance: Long Term Disability Benefit: Benefit Percent: 60% of the Covered Person’s Pre-Disability Monthly Earnings. The Covered Person’s benefit may be reduced by Other Income Benefits and Disability Earnings. Some Disabilities may not be insured under the Policy. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. Disability Earnings means the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits: Please see definition on page 8 Maximum Monthly Benefit: $7,500 Minimum Monthly Benefit: Greater of $100 or 10% of Gross Disability Payment Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. 2018-03-06 Agenda Packet Page 497 SCHEDULE OF BENEFITS (continued) UHCD-CERT-CA 2 SCH-CA Elimination Period: 90 days. Benefits begin the day after completion of the Elimination Period. Accumulation of Elimination Period: 15 days Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. If the Covered Person returns to work for a period of time not to exceed the Accumulation of Elimination Period and cannot continue, he will not have to begin a new Elimination Period. However, We will count only those days he is Disabled toward satisfying the Elimination Period. Maximum Benefit Period: Reducing Benefit Duration reflecting Social Security Normal Retirement Age Age at Disability Maximum Benefit Period Greater of SSNRA * or Less than age 60 To age 65 Age 60 60 Months Age 61 48 Months Age 62 42 Months Age 63 36 Months Age 64 30 Months Age 65 24 Months Age 66 21 Months Age 67 18 Months Age 68 15 Months 69 and over 12 Months *SSNRA means: the Social Security Normal Retirement Age as figured by the 1983 amendment or any later amendment to the Social Security Act. Premium contributions are waived while the Covered Person is receiving Long Term Disability payments. 2018-03-06 Agenda Packet Page 498 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS UHCD-CERT-CA 3 EELIG-CA Covered Person’s Eligibility: Employees who work on a full-time basis for a Policyholder are eligible for insurance after completion of the required Employee Waiting Period shown in the Schedule of Benefits, provided they are in a class of Employees who are included. Employees will be considered to work on a full-time basis if they customarily work at least the number of hours per week shown in the Schedule of Benefits. An Employee will become eligible for insurance on the latest of the following dates: 1. the Effective Date of the Policy; 2. the end of the Employee Waiting Period shown in the Schedule of Benefits; 3. the date the Policy is changed to include the Employee’s class; or 4. the date the Employee enters a class eligible for insurance. Effective Date of Covered Person Insurance: If an Employee is not Actively at Work on the date his insurance is scheduled to take effect, it will take effect on the day after the date he returns to Active Work. If the Employee’s insurance is scheduled to take effect on a non-working day, his Active Work status will be based on the last working day before the scheduled Effective Date of his insurance. An Employee must use forms provided by Us when applying for insurance. The Employee’s insurance will be effective at 12:01 A.M. Eastern Standard time as follows: 1. if it is Non-contributory, on the date the Employee becomes eligible for insurance, regardless of when he applies, or 2. if it is Contributory, and the Employee makes application within 31 days after the date he first became eligible, on the later of: a. the date the Employee is eligible for insurance, regardless of when he applies; or b. the date the Employee’s application is approved by Us if evidence of insurability is required. Family and Medical Leave of Absence: If the Covered Person is on a Family or Medical Leave of Absence, his insurance will be governed by his Employer’s policy on Family and Medical Leaves of Absence. We will continue the Covered Person’s insurance if the cost of his insurance continues to be paid and his Leave of Absence is approved in advance and in writing by his Employer. The Covered Person’s insurance will continue for up to the greater of: 1. the leave period required by the Federal Family and Medical Leave Act of 1993; or 2. the leave period required by applicable state law. While the Covered Person is on a Family or Medical Leave of Absence, We will use earnings from his Employer just prior to the date his Leave of Absence started to determine Our payments to him. If the Covered Person’s insurance does not continue during a Family or Medical Leave of Absence, then when he returns to Active Work: 1. he will not have to meet a new Employee Waiting Period including a Waiting Period for insurance or a Pre-Existing Condition, if applicable; and 2. he will not have to give Us evidence of insurability to reinstate the insurance he had in effect before his Leave of Absence began. However, time spent on a Leave of Absence, without insurance, does not count toward satisfying his Employee Waiting Period. 2018-03-06 Agenda Packet Page 499 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS (continued) UHCD-CERT-CA 4 SCH-CA Termination of Covered Person Insurance: The Covered Person’s insurance will terminate at 12:00 midnight Eastern Standard Time on the earliest of the following dates: 1. the last day of the period for which a premium payment is made, if the next payment is not made; 2. the date he ceases to be a member of a class eligible for insurance; 3. the date the Policy terminates, or a specific benefit terminates; or 4. the date he ceases to be Actively at Work. The Policyholder may deem the Covered Person’s employment continued during a temporary layoff or approved leave of absence. In such cases, insurance will not continue beyond the end of the month following the month in which the layoff or leave began. 5. the date he is no longer Actively at Work due to a labor dispute, including but not limited to a strike, work slow-down or lock out. 2018-03-06 Agenda Packet Page 500 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON UHCD-CERT-CA 5 WR-LTD-CA Disability Provision: We will pay the monthly benefit for each month that the Covered Person is continuously Disabled provided the period of Disability begins while covered under the Policy and continues beyond the Elimination Period. Disabled or Disability means Total Disability or Partial Disability as those terms are defined below. Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. If the Covered Person returns to work for a period of time not to exceed the Accumulation of Elimination Period and cannot continue, he will not have to begin a new Elimination Period. However, We will count only those days he is Disabled toward satisfying the Elimination Period. The Elimination Period and the Accumulation of Elimination Period are shown in the Schedule of Benefits. Totally Disabled or Total Disability means The Covered Person has a disability that renders him unable to perform with reasonable continuity the substantial and material acts necessary to pursue his usual occupation in the usual or customary way or to engage with reasonable continuity in another occupation in which he could reasonably be expected to perform satisfactorily in light of his age, education, training, experience, station in life, physical and mental capacity. Partial Disability means he is able to: Perform with reasonable continuity one or more of the substantial and material acts necessary to pursue his usual occupation in the usual and customary way, but he is unable to perform all of the substantial and material acts or he is unable to perform them for as long as normally required; or If the Covered Person is working during the Elimination Period, the days that he is working will count towards satisfying his Elimination Period, provided he meets the Definition of Partially Disabled. In order to determine Disability, We may require the Covered Person to be examined by Physicians, other medical practitioners or vocational experts of Our choice. We will pay for these examinations. The Benefit Percent, Elimination Period, Maximum Benefit Period and Maximum Monthly Benefit are shown in the Schedule of Benefits. Receipt of Disability Payments: The Covered Person will begin to receive payments when We approve his claim, provided the Elimination Period has been met and he is Disabled. We will send him a payment each month for any period for which We are liable. If he is Partially Disabled, proof of Disability Earnings will be required before benefits are paid. After the Elimination Period, if the Covered Person is Disabled for only part of a month, We will send him 1/30th of his payment for each day of Disability. 2018-03-06 Agenda Packet Page 501 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 6 WR-LTD-CA Calculating the Monthly Payment – Total Disability: Calculate the Covered Person’s monthly payment as follows: 1. Multiply the Covered Person’s Pre-Disability Monthly Earnings by the Benefit Percent shown in the Schedule of Benefits. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. Compare the result in Step 1 with the Maximum Monthly Benefit shown in the Schedule of Benefits. 3. The lesser of these two amounts is the Covered Person’s monthly Gross Disability Payment Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings means the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. 4. Subtract from his monthly Gross Disability Payment all Other Income Benefit amounts. The result is the Covered Person’s monthly payment. Other Income Benefits: Please see definition on pages 8 and 9. In no event will the Covered Person’s monthly payment exceed the Maximum Monthly Benefit shown in the Schedule of Benefits. Disability During a Temporary Layoff or Approved Leave of Absence: If the Covered Person becomes Disabled while he is on a temporary layoff or approved leave of absence, We will calculate his benefit using his Pre-Disability Monthly Earnings from his Employer in effect just prior to the date his absence begins. 2018-03-06 Agenda Packet Page 502 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 7 WR-LTD-CA Calculating the Monthly Payment –Partial Disability: If the Covered Person is Partially Disabled, calculate his benefit payment as follows: 1. Multiply his Pre-Disability Monthly Earnings by the Benefit Percent shown in the Schedule of Benefits. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. Compare the result in Step 1 with the Maximum Monthly Benefit Schedule of Benefits. 3. The lesser of these two amounts is the Covered Person’s Gross Disability Payment, which is used in the benefit calculation below. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings are the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. When the Covered Person first returns to work during a period of disability, the Work Incentive Benefit establishes that, for 24 months, his monthly payment, as determined above, will not be reduced as long as Payment does not exceed 100% of his Indexed Pre-Disability Monthly Earnings. Indexed Pre-Disability Monthly Earnings are the Covered Person’s Pre-Disability Monthly Earnings adjusted on each anniversary of benefit payments by the lesser of 5% or the current annual percentage increase in the Consumer Price Index (CPI-W). The Covered Person’s Indexed Pre- Disability Monthly Earnings may increase or remain the same, but will never decrease. This manner of indexing is only used to determine the Covered Person’s percentage of lost earnings while he is Disabled and working. Consumer Price Index (CPI-W) means the index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor. We reserve the right to use some other similar measurement if the Department of Labor changes or stops publishing the CPI-W. 2018-03-06 Agenda Packet Page 503 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 8 WR-LTD-CA During the period of time that the Work Incentive Benefit applies: 1. Add the Covered Person’s monthly Disability Earnings to his Gross Disability Payment, as calculated above. 2. Compare the result in Step 1 to his Indexed Pre-Disability Monthly Earnings. 3. If the result from Step 2 is less than or equal to 100% of the Covered Person’s Indexed Pre- Disability Monthly Earnings, We will not further reduce his Monthly Payment, as calculated above. 4. If the result in Step 2 is greater than 100% of the Covered Person’s Indexed Pre-Disability Monthly Earnings, We will subtract the amount over 100% from his Monthly Payment, as calculated above. The result is the amount We will pay the Covered Person each month. After the period of time that the Work Incentive Benefit applies: 1. Subtract the Covered Person’s Disability Earnings from his Indexed Pre-Disability Monthly Earnings. 2. Divide the result in Step 1 by his Indexed Pre-Disability Monthly Earnings. This is his percentage of lost earnings. 3. Multiply the Covered Person’s monthly payment, as calculated above, by the answer in Step 2. The result is the amount We will pay the Covered Person each month. Other Income Benefits: 1. any benefits and awards he receives under: a. occupational disease Law; or b. any other similar Act or Law. 2. any temporary disability benefits he receives under Workers’ Compensation Law; 3. any Disability income benefits he receives under: a. any compulsory benefit Act or Law; b. any other group insurance policy with the Employer or with an association; c. any other group insurance policy with another employer under which he becomes covered while he is Disabled under the Policy; or d. any governmental retirement system as the result of his job with his Employer. 4. any Disability benefits under the United States Social Security Act, The Canada Pension Plan, The Quebec Pension Plan, the Jones Act, and any other similar plan or Act. Benefits include: a. Disability benefits he receives and any Disability benefits his Spouse or his children receive as a result of his Disability. b. retirement benefits he receives and any retirement benefits his Spouse or his children receive as a result of his receipt of retirement benefits . If the Covered Person’s Disability begins after his 70th birthday, and he was receiving Social Security retirement benefits before his Disability began, then We will not reduce Our payments to him by these retirement benefits. 2018-03-06 Agenda Packet Page 504 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 9 WR-LTD-CA Pension Plan means: a plan that provides retirement benefits and which is not wholly funded by Employee contributions. The term does not include a profit sharing plan, a thrift plan, an individual retirement account (IRA), a tax sheltered annuity plan (TSA), a stock ownership plan or a non-qualified plan of deferred compensation. 5. any benefits from the Employer’s retirement plan, the Public Employees Retirement System and the State Teachers Retirement System he: a. receives as disability benefits; b. voluntarily chooses to receive as retirement benefits; or c. receives as retirement benefits once he reaches the greater of age 62 or normal retirement age, as defined in his Employer’s Retirement Plan. Regardless of how the retirement funds from the plan are distributed, for the purposes of determining Our payment to the Covered Person, We consider Employee and Employer contributions to be distributed at the same time throughout the Covered Person’s lifetime. We will not reduce payments the Covered Person receives from Us for his contributions to the Employer’s retirement plan, or for amounts he rolls over or transfer to an eligible Retirement Plan. Disability benefits under a retirement plan are benefits that are paid due to disability and which do not reduce the retirement benefits which would have been paid if the disability had not occurred. Retirement benefits under a retirement plan are benefits that are paid based on the Covered Person’s Employer’s contribution to the retirement plan. Disability benefits that reduce the retirement benefits under the plan will also be considered a retirement benefit. Eligible retirement plan is defined in Section 402 of the Internal Revenue Code of 1986 and includes future amendments to Section 402 affecting the definition. 6. any benefits for loss of time or lost wages he receives from the mandatory portion of a no- fault motor vehicle insurance plan, or automobile liability insurance policy. 7. any amount he receives under any unemployment compensation Law. 8. any amounts he receives from a third party (after subtracting attorney’s fees) by judgment, settlement or otherwise. If the Covered Person receives any of the Other Income Benefits in a lump sum payment, We will pro-rate the lump sum on a monthly basis over the time period for which the sum was given. If no time period is stated, the sum will be pro-rated on a monthly basis to the end of the Covered Person’s Maximum Benefit Period. Other Income Benefits must be payable as a result of the same Disability for which the Covered Person is receiving a payment from Us, except for retirement benefits. We will NOT subtract from the Covered Person’s Gross Disability Payment any amounts he receives from the following sources: 1. 401(k) plans 2. profit sharing plans 3. thrift plans 4. tax sheltered annuities 5. stock ownership plans 6. non-qualified plans of deferred compensation 7. Pension plans for partners 2018-03-06 Agenda Packet Page 505 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 10 WR-LTD-CA 8. military pension and military disability income plans 9. credit disability insurance 10. franchise disability income plans 11. a retirement plan from another Employer 12. Individual Retirement Accounts (IRA) 13. individual disability income plans Affect of Other Income Benefits on Payment: If subtracting Other Income Benefits results in a zero benefit, We will pay the Covered Person the Minimum Monthly Benefit shown in the Schedule of Benefits. The Minimum Monthly Benefit, however, may be applied toward an outstanding overpayment. Cost of Living Increases: After the first deduction for each of the Other Income Benefits, We will not further reduce the amount of the Covered Person’s Monthly Payment under the Policy due to cost of living increases he receives from any of the sources described in the “Other Income Benefits” section. Lump Sum Survivor Benefit: When We receive proof that the Covered Person died, We will pay his spouse, if living, otherwise, his children under age 26, a lump sum benefit equal to 3 months of the Covered Person’s monthly Gross Disability Payment if, on the date of the Covered Person’s death: 1. his Disability had continued for 90 or more consecutive days;and 2. he was receiving or was entitled to receive a Monthly Payment under the Policy. If the Covered Person has no living spouse or children, payment will be made to his estate. However, We will first apply the survivor benefit to any overpayment which may exist on the Covered Person’s claim. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings are the earnings which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits: See definition on page 8. Transplant Benefit: If, while insured under the Policy, the Covered Person donates an organ for an Organ Transplant Procedure, and as a result he becomes Disabled, his Elimination Period will be waived and a benefit is payable for Disability resulting from an Organ Transplant Procedure and will have a limited pay period of 12 months. This benefit will be payable only once in the Covered Person’s lifetime. Benefit payments will be subject to all of the provisions contained in the Policy, except for those that are in conflict with the provisions of this Transplant Benefit. 2018-03-06 Agenda Packet Page 506 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 11 WR-LTD-CA Organ Transplant Procedure means: the Covered Person donates any of the following for transplantation into another person: kidney, liver, lung, skin or bone marrow. Termination of Benefits: We will stop sending the Covered Person payments and his claim will end on the earliest of: 1. the date he is no longer Disabled according to the terms of the Policy; 2. the date he reaches the end of the Maximum Benefit Period stated in the Schedule of Benefits; 3. the date his Disability Earnings exceed 80% of his Indexed Pre-Disability Earnings; 4. the date he dies. If the Covered Person is a citizen of the United States and is receiving Treatment outside of the United States, We may require him to return to the United States for Treatment. Failure to do so when requested may result in termination of benefits. General Limitations: Mental Illness Limitation Disabilities due to Mental Illness have a limited pay period of 24 months. This is a lifetime cumulative maximum benefit period for Disabilities due to Mental Illness. We will continue to send the Covered Person payments beyond the limited pay period if he is confined to a Hospital or Medical Facility. If he is still Disabled when he is discharged, We will send him payments for a recovery period of up to 90 days. If he becomes re-confined at any time during the recovery period and remains confined for at least 14 days in a row, We will send payments during that additional confinement and for one additional recovery period up to 90 more days. In no case will benefits be paid beyond the Maximum Benefit Period stated in the Schedule of Benefits. Mental Illness means any condition which is: 1. listed in the current edition of the Diagnostic and Statistical Manual of Mental Health Disorders (or any successor diagnostic manual) published by the American Psychiatric Association; and 2. usually treated by a mental health provider or other qualified provider, using psychotherapy, psychotropic drugs or other similar methods of treatment. Substance Abuse Limitation Benefits payable for loss sustained or contracted in consequence of Your being intoxicated or under the influence of any narcotic unless administered on the advice of a Physician, have a limited pay period of 24 months. This is a lifetime cumulative maximum benefit period for Disabilities due to Substance Abuse. We will continue to send the Covered Person payments beyond the limited pay period if he is confined to a Hospital or Medical Facility. If he is still Disabled when he is discharged, We will send him payments for a recovery period of up to 90 days. If he becomes re-confined at any time during the recovery period and remains confined for at least 14 days in a row, We will send payments during that additional confinement and for one additional recovery period up to 90 more days. In no case will benefits be paid beyond the Maximum Benefit Period stated in the Schedule of Benefits. 2018-03-06 Agenda Packet Page 507 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 12 WR-LTD-CA Recurrent Disability: If the Covered Person’s current Disability is due to the same or related medical causes as a prior Disability for which We made a payment, We will treat the current Disability as part of his prior claim if less than 6 consecutive months have passed since the prior Disability. The current Disability will be subject to the same terms of the Policy as the prior claim and will be treated as a continuation of that Disability, except the Covered Person will not be required to satisfy another Elimination Period. Any Disability which occurs after 6 consecutive months from the date of the Covered Person’s prior claim ended will be treated as a new claim. The new claim will be subject to all of the provisions of the Policy, including the Elimination Period. If the Covered Person returns to work for another Employer, We will treat a Recurrent Disability the same as established above for the first 6 months following his return to work. Any Recurrent Disability that occurs more than 6 months but less than 12 months after the end of the Covered Person’s prior Disability will be treated as a continuation of the prior Disability, but the Covered Person will be required to complete a new Elimination Period. Multiple Causes: If a period of Disability is extended by a new, unrelated cause while benefits are payable, benefits will continue while the Covered Person remains Disabled, subject to the following: 1. benefits will not continue beyond the end of the original Maximum Benefit Period; and 2. any Exclusions and Pre-existing Conditions Limitations will apply to the new cause of Disability. Concurrent Disabilities: Benefits for a Disability that is caused by more than one condition will be paid as if the Disability were caused by one condition. In no event will a Covered Person be considered to have more than one Disability at the same time. General Exclusions: We will not cover a Disability under the Policy if it is due to: 1. an act of war, declared or undeclared, whether civil or international; 2. intentionally self-inflicted injuries; 3. active participation in a riot; 4. committing or attempting to commit a felony 5. cosmetic or elective surgery; or 6. a Pre-Existing Condition that begins during the first 12 months after the Covered Person’s Effective Date of insurance. A Pre-Existing Condition is any disease or condition, other than pregnancy, which existed on, or had its inception before Your effective date of insurance, or with respect to increases in coverage, within the 3 month period prior to the effective date of the increase. If the Covered Person becomes entitled to benefits under any other Group Long Term Disability policy, he will not be eligible for payments under the Policy. Continuity of Insurance Upon Transfer of Insurance Carriers: In order to prevent loss of insurance for a Covered Person because of a transfer of insurance carriers, We will provide insurance for certain Employees as follows: Employees who are not Actively at Work due to Disability: We will insure the Employee under this Policy if the prior group insurance policy insured him and the cost of his insurance under the prior group insurance policy was paid. 2018-03-06 Agenda Packet Page 508 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 13 WR-LTD-CA Our payments to the Employee will be limited to the lesser of the Monthly Payment under the Policy or the monthly benefit the prior group insurance policy would have paid him, had that policy stayed in effect. Our payments will be reduced by any amount the prior group insurance policy is responsible for paying. Employees who are Disabled due to a Pre-Existing Condition: If the Employee was insured by the prior group insurance policy immediately prior to becoming eligible for insurance under this Policy, he is Actively at Work and he is insured under this Policy, then he may be eligible for payments under this Policy if his Disability is due to a Pre-Existing Condition. In order to receive payments from Us, the Employee must satisfy the Pre-Existing Condition Exclusion test of: 1. this Policy; or 2. the prior group insurance policy, had that policy stayed in effect. We will give credit toward continuous time insured under both policies. We will determine Our payments using the provisions of this Policy, but the Employee’s Monthly Payment will not be more than the maximum monthly payment of the prior group insurance policy. The Employee’s Monthly Payment will end on the earlier of the following: 1. the end of the Maximum Benefit Period; 2. the date benefits would have ended under the prior group insurance policy, if the policy had stayed in effect. If the Employee cannot satisfy the Pre-Existing Condition Exclusion test of either policy, then he will not be eligible for a Monthly Payment. 2018-03-06 Agenda Packet Page 509 CERTIFICATE GENERAL PROVISIONS UHCD-CERT-CA 14 GEN-CA Entire Group Contract; Changes: This Policy, the application of the Policyholder, if any, and the individual applications, if any, of the employees, constitute(s) the entire contract between the parties, and any statement made by the Policyholder, or by any employee shall, in the absence of fraud, be deemed a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits under the Policy or be used in defense to a claim hereunder unless it is contained in a written application, nor shall any such statement of the Policyholder, except a fraudulent misstatement, be used at all to void the Policy after it has been in force for three years from the date of its issue, nor shall any such statement of any employee eligible for coverage under the Policy, except a fraudulent misstatement, be used at all in defense to a claim for loss incurred or Disability commencing after the insurance coverage with respect to which claim is made has been in effect for three years from the date it became effective. No change in the Policy shall be valid unless approved by an executive officer of Ours and unless such approval be endorsed thereon or attached hereto. No agent has authority to change the Policy or to waive any of its provisions. Time Limit on Certain Defenses: No claim for loss incurred or Disability commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period: A grace period of 60 days from the Premium Due Date will be granted for the payment of premiums accruing after the first premium, during which grace period, the Policy will continue in force, but he Policyholder shall be liable for the payment of the premium accruing for the period the Policy continues in force. Notice of Claim: Written notice of claim must be given to Us within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to Us at the administrative address shown on the face page of this Certificate, or to any authorized agent of Ours, with information sufficient to identify the insured employee (i.e. Name, the Policyholder’s name and the Policy number) shall be deemed notice to Us. Claim Forms: We, upon receipt of a written notice of claim, will furnish to the claimant such forms as are usually furnished by Us for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice, the clamant shall be deemed to have complied with the requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made. Proofs of Loss: Written proof of loss must be furnished to Us, in case of claim for loss for which this Policy provides any periodic payment contingent upon continuing loss, within 90 days after the termination of the date the Elimination Period ends, and in case of claim for any other loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year from the time proof is otherwise required. Time of Payment of Claim: Indemnities payable under the Policy for any loss other than loss for which this Policy provides periodic payments will be paid as they accrue immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for loss for which this Policy provides periodic payment will be paid to the insured employee monthly and any balance remaining unpaid upon the termination of the period of liability will be paid immediately upon receipt of due written proof. 2018-03-06 Agenda Packet Page 510 CERTIFICATE GENERAL PROVISIONS (continued) UHCD-CERT-CA 15 GEN-CA Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to Your estate. Any other accrued indemnities unpaid at Your death may, at Our option, be paid either to such beneficiary or to such estate. All other indemnities will be payable to You. If any indemnity of this Policy shall be payable to the estate of the insured employee, or to an insured employee or beneficiary who is a minor or otherwise not competent to give a valid release, We may pay such indemnity up to an amount not exceeding $1,000 to any relative by blood or connection by marriage of the insured employee or beneficiary who is deemed by Us to be equitably entitled thereto. Any payment made by Us in good faith pursuant to this provision shall fully discharge Us to the extent of such payment. Physical Examination and Autopsy: We, at Our own expense, shall have the right and opportunity to examine the person of any individual whose condition is the basis of claim when and as often as We may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by law. Legal Actions: No action at law or in equity shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this Policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished. Misstatement of Age: If the age of any individual covered under this Policy has been misstated, the amount payable shall be such as the premium paid for would have purchased at the correct age. Cancellation: After the Policy has been in force for 12 months, We may cancel this Policy at any time by written notice delivered to the Policyholder, or mailed to its last address as shown on Our records, stating when, not less than 31 days thereafter, such cancellation shall be effective; and the Policyholder may cancel this Policy at any time by written notice delivered or mailed to Us, effective on receipt or on such later date as may be specified in the notice. In the event of such cancellation by either Us or the Policyholder, We shall promptly return on a pro-rata basis the unearned premium paid, if any, and the Policyholder shall promptly pay on a prorate basis the earned premium which has not been paid. Such cancellation shall be without prejudice to any claim originating prior to the effective date of such cancellation. We may also cancel a portion of the risk insured under the Policy on a class basis, such as termination of all persons within the same Enrolling Group, or same geographic, occupational, or eligibility class. In addition, We may cancel or modify the Policy, or an insurance option offered under the Policy if: a) the number of persons covered under the Policy falls below 75% or; b) the number of persons covered in an option falls below the lesser of 10 eligible persons or 25% of all persons eligible for the coverage . Such cancellation shall be in accordance with the preceding paragraph. Conformity with State Statutes: Any provision of the Policy which, on it effective date, is in conflict with the statutes of the state in which the Policy was delivered or issued for delivery is hereby amended to conform to the minimum requirements of such statute. Right to Audit: While We are paying benefits, We have the right to audit Your earnings at reasonable intervals if You are Disabled and working. Overpayment of Claim: We have the right to recover any overpayments due to: 1. any error We make in processing a claim; and 2. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. 2018-03-06 Agenda Packet Page 511 GLOSSARY OF TERMS UHCD-CERT-CA 16 GLOSSARY- CA The male pronoun, whenever used in the Policy, includes the female. Active Work or Actively at Work: The Covered Person is working at least the minimum number of hours per week in an Eligible Class, as shown in the Schedule of Benefits. Unless Disabled on the prior workday or on the day of absence, a Covered Person will be considered Actively at Work on the following days: 1. a Saturday, Sunday or holiday which is not a scheduled workday; 2. a paid vacation day, or other scheduled or unscheduled non-workday; or 3. an excused or emergency leave of absence (except medical leave. Contributory or Non-Contributory Insurance: Contributory Insurance is insurance for which the Covered Person must apply and agree to make the required premium contributions. Non- Contributory Insurance is insurance for which the Covered Person does not have to make any premium contributions. Covered Person: The Employee/Member insured under the Policy. References to “Covered Person”, “Covered Persons” and “Covered Person’s” throughout this Certificate are references to a Covered Person. Disabled or Disability: Total Disability or Partial Disability as those terms are defined in the Disability Benefit Provisions. Employee/Member: A person who is: 1. directly employed in the normal business of the Policyholder; and 2. paid for services by the Policyholder; and 3. Actively at Work for the Policyholder, or any subsidiary or affiliate insured under the Policy. No director or officer of an Policyholder will be considered an Employee unless he meets the above conditions. Employer: The Policyholder and includes any division, subsidiary, or affiliated company named in the Policy. Employer does not include Employers of other related areas of practice for which the Covered Person may also work. Hospital or Medical Facility: A legally operated, accredited facility licensed to provide full-time care and treatment for the condition for which benefits are payable under the Policy. It is operated by a full-time staff of licensed physicians and registered nurses. It does not include facilities that primarily provide custodial, education or rehabilitative care, or long-term institutional care on a residential basis. Physician: A practitioner of the healing arts who is: 1. duly licensed and practicing in the United States and in the state in which the treatment is received; and 2. practicing within the scope of that license. The term Physician does not include the Covered Person, the Covered Person’s spouse, children, parents, parents-in-law, or siblings. 2018-03-06 Agenda Packet Page 512 UHI-CA-NOTICE 17 California Consumer Complaint Notice If the Covered Person has any questions or problems with their coverage, We will be ready to help. Our contact information is: UnitedHealthcare Insurance Company A Stock Company Administrative Offices: 9900 Bren Road East, Minnetonka, MN 55343 1-888-299-2070 The Covered Person may also call the California Department of Insurance for assistance. However, We ask that the Covered Person gives Us the opportunity to try to resolve the problem. Please, call us first. If, We fail to help, the Covered Person may still ask the California Department of Insurance for assistance. Their contact information is: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, California 90013 1-800-927-HELP (1-800-927-4357) http://www.insurance.ca.gov/01-consumers/ 2018-03-06 Agenda Packet Page 513 CERTIFICATE MODIFICATIONS RIDER UHCL-AMEND Printed in U.S.A. Rev. 03/17 Certificate Modification(s) to the Certificate Policyholder: City of Chula Vista Policy Number: 305255 It is agreed that the Certificate is amended as follows: Effective January 1, 2018, with respect to residents of the states as shown on the subsequent pages, the following provisions amend, replace or are added, when applicable, to the Certificate: Signed for the Company by: Secretary President UnitedHealthcare Insurance Company Hartford, Connecticut 2018-03-06 Agenda Packet Page 514 UHCL-AMEND Printed in U.S.A. (01/2017) STATUTORY PROVISIONS ALASKA Residents of the state of Alaska, the following provisions are included to bring your Certificate into conformity with Alaska state law: Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section, it is hereby deleted in its entirety. Overpayment of Claim The Overpayment of Claim section as contained in the Certificate is hereby changed to read as follows: Overpayment of Claim: Within 180 days of payment of a benefit, We have the right to recover any overpayments due to: 1. fraud; 2. any error We make in processing a claim; and 3. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. ARKANSAS Residents of the state of Arkansas, the following provision is included to bring your Certificate into conformity with Arkansas state law: Insurer Information Notice Any questions regarding the Policy may be directed to: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 1-866-615-8727 If the question is not resolved, you may contact the Arkansas Insurance Department: Arkansas Insurance Department Consumer Services Division 400 University Tower Building Little Rock, Arkansas 77204 Telephone: 1-800-852-5494 2018-03-06 Agenda Packet Page 515 UHCL-AMEND Printed in U.S.A. (01/2017) MINNESOTA Minnesota has determined that its statutory requirements apply to Minnesota residence when non-Minnesota sitused Employers have 25 or more Employees residing in Minnesota. Any questions regarding these statutory requirements may be directed in writing to: UnitedHealthcare Specialty Benefits Contract Services Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 MONTANA Residents of the state of Montana, the following provision is included to bring your Certificate into conformity with Montana state law: Conformity with Montana Statutes: For Montana residents, the provisions of this Policy are intended to conform to the minimum requirements of Montana law. If any provision of the Policy conflicts with any Montana statutes, the provision will be deemed to conform to the minimum requirements of the Montana law. Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section it is hereby deleted in its entirety. Disability Pre-Existing Exclusion Any applicable Pre-Existing exclusion will not be applied to any disability that begins more than 12 months after the Covered Person’s Effective Date of insurance. NEW HAMPSHIRE Residents of the state of New Hampshire, the following provision is included to bring your Certificate into conformity with New Hampshire state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate of Coverage is modified to include the following: Failure to furnish such proof of claim within the Certificate of Coverage stated time limit will not invalidate nor reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as it was reasonably possible. Discretionary Authority When a Discretionary Authority provision is shown in the Certificate of Coverage GENERAL PROVISIONS section it is hereby deleted in its entirety. 2018-03-06 Agenda Packet Page 516 UHCL-AMEND Printed in U.S.A. (01/2017) NORTH CAROLINA Residents of the state of North Carolina, the following provision is included to bring your Certificate into conformity with North Carolina state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate is modified as follows: Written proof of claim must be filed within 180 days of the loss. However, if it is not possible to give proof within 180 days, it must be given no later than one year after the time proof is otherwise required, except in the absence of legal capacity. Occupational Injury or Sickness Exclusion Any exclusion that applies to an Occupational Injury or Sickness is hereby replaced by the following: An Occupational Injury or Sickness for treatments which are paid under the North Carolina Worker’s Compensation Act only to extent such services or supplies are the liability of the employee, employer or workers’ compensation insurance carrier according to a final adjudication under the North Carolina Workers’ Compensation Act or an order of the North Carolina Industrial Commission approving a settlement agreement under the North Carolina Workers’ Compensation Act. NORTH DAKOTA Residents of the state of North Dakota, the following provision is included to bring your Certificate into conformity with North Dakota state law: 20 Day Right to Examine Certificate: There is a 20 day right to review this Certificate. If You decide not to keep it, it may be returned to Us within 20 days of the original Certificate Effective Date. In that event, We will consider it void from the Certificate Effective Date and refund all premium paid. Any claims paid during the initial 20 day period will be deducted from the refund. OKLAHOMA Residents of the state of Oklahoma, the following provision is included to bring your Certificate into conformity with Oklahoma state law: Certificates delivered to residents of state of Oklahoma are subject to Oklahoma laws. Incontestability The Incontestability provision shown in the Certificate GENERAL PROVISIONS section is replaced by the following: Incontestability: We may not contest the validity of the Policy, except for the non-payment of premiums, after it has been in force for two years from its date of issue. No statement made by any Covered Person relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two years during such person’s lifetime, unless it is contained in a written instrument signed by him. This clause will not affect Our right to contest claims made for accidental death or accidental dismemberment benefits. TEXAS Residents of the state of Texas, the following provision is included to bring your Certificate into conformity with Texas state law: Incontestability The Incontestability provision under the CERTIFICATE GENERAL PROVISIONS section, is amended to remove the phrase “or fraudulent misrepresentations” from the first sentence. 2018-03-06 Agenda Packet Page 517 UHCL-AMEND Printed in U.S.A. (01/2017) TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call UnitedHealthcare Insurance Com pany’s toll-free telephone number for information or to make a complaint at 1-866-615-8727 You may also write to UnitedHealthcare Insurance Company at: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX #(512) 490-1007 Web: http://www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form No. AA-2068 (Rev. 6/15) AVISO IMPORTANTE Para obtener información o para presentar una queja: Usted puede llamar al número de teléfono gratuito de UnitedHealthcare Insurance Company's para obtener información o para presentar una queja al: 1-866-615-8727 Usted también puede escribir a UnitedHealthcare Insurance Company: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener información sobre compañías, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamación, usted debe comunicarse con (el agente) (la compañía) (el agente o la compañía) primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU PÓLIZA: Este aviso es solamente para propósitos informativos y no se convierte en parte o en condición del documento adjunto. ACN-TX-MP (8/95) 2018-03-06 Agenda Packet Page 518 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE ● Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. ● Amounts of Coverage The basic coverage protections provided by the Association are as follows. ● Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: ● Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 ● Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. ● Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org 2018-03-06 Agenda Packet Page 519 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: ● A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract ● A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society ● If the person is provided coverage by the guaranty association of another state ● Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual ● Employer and association plans, to the extent they are self-funded or uninsured ● A policy or contract providing any health care benefits under Medicare Part C or Part D ● An annuity issued by an organization that is only licensed to issue charitable gift annuities ● Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract ● Any policy of reinsurance unless an assumption certificate was issued ● Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance Guarantee Association California Department of Insurance Consumer Communications Bureau P.O Box 16860, Beverly Hills, CA 90209-3319 300 South Spring Street Los Angeles, CA 90013 (323) 782-0182 (800) 927- 4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2018-03-06 Agenda Packet Page 520 2018-03-06 Agenda Packet Page 521 GROUP LONG TERM DISABILITY CERTIFICATE OF COVERAGE FOR CITY OF CHULA VISTA POLICY NUMBER: 305255 EFFECTIVE DATE: January 1, 2018 CA – UHIC Class 2 (2-18) 2018-03-06 Agenda Packet Page 522 UHCD-CERT-CA UnitedHealthcare Insurance Company (Hereinafter referred to as We, Us or Our) 185 Asylum Street Hartford, Connecticut (Home Office) Policyholder: City of Chula Vista Effective Date: January 1, 2018 Policy Number: 305255 Beneficiary: As on file with the Administrator We, issue this Certificate to the Covered Person as evidence of insurance under the Policy We issued to the Policyholder shown above. This Certificate describes the benefits and other important provisions of the Policy. Please read it carefully. The Policy may be amended, changed, cancelled or discontinued without the consent of the Covered Person or the Covered Person’s beneficiary. The benefits described in this Certificate insure the Covered Person. This Certificate becomes effective at 12:01 A.M. Eastern Standard time on the Effective Date shown above. Read the Group Certificate Carefully This is a legal contract between the Policyholder and Us. If the Policyholder has any questions or problems with the Policy, We will be ready to help the Policyholder. The Policyholder may call upon his agent or Our Home Office for assistance at any time. If the Policyholder or the Covered Person have questions, need information about their insurance, or need assistance in resolving complaints, call 1-866-615-8727. It is signed at Our Home Office of as of the Effective Date shown above. Secretary President Group Long Term Disability Insurance Policy Non-Participating Administrative Office: 9900 Bren Road East Minnetonka, MN 55343 2018-03-06 Agenda Packet Page 523 TABLE OF CONTENTS UHCD-CERT-CA UIC-TOC-CA Schedule of Benefits ..................................................................................................................................... 1 Covered Person Eligibility, Effective Date and Termination Provisions ........................................................ 3 Long Term Disability Insurance for Covered Person .................................................................................... 5 Certificate General Provisions..................................................................................................................... 14 Glossary of Terms ....................................................................................................................................... 16 California Consumer Complaint Notice ....................................................................................................... 17 2018-03-06 Agenda Packet Page 524 SCHEDULE OF BENEFITS UHCD-CERT-CA 1 SCH-CA Class of Employees This schedule covers the following class(es) of Employees of companies and affiliates controlled by the Policyholder: All active Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Western Council of Engineers, and Association of Chula Vista Employees, excluding temporary and seasonal employees. Description of Class: Employees are considered full-time benefited-salaried if they customarily work: 80 hours biweekly Part-time benefited-salaried employees must be authorized to work at least half-time or 40 hours biweekly Employee Waiting Period: An Employee is eligible for insurance on the later of the following dates: 1. The Group Policy’s Effective Date, January 1, 2018. 2. The date the Employee begins continuous employment with the Policyholder. Cost of Insurance: The Covered Person is not required to contribute to the cost of his insurance. Covered Person Insurance: Long Term Disability Benefit: Benefit Percent: 60% of the Covered Person’s Pre-Disability Monthly Earnings. The Covered Person’s benefit may be reduced by Other Income Benefits and Disability Earnings. Some Disabilities may not be insured under the Policy. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. Disability Earnings means the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits: Please see definition on page 8 Maximum Monthly Benefit: $7,500 Minimum Monthly Benefit: Greater of $100 or 10% of Gross Disability Payment Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. 2018-03-06 Agenda Packet Page 525 SCHEDULE OF BENEFITS (continued) UHCD-CERT-CA 2 SCH-CA Elimination Period: 90 days. Benefits begin the day after completion of the Elimination Period. Accumulation of Elimination Period: 15 days Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. If the Covered Person returns to work for a period of time not to exceed the Accumulation of Elimination Period and cannot continue, he will not have to begin a new Elimination Period. However, We will count only those days he is Disabled toward satisfying the Elimination Period. Maximum Benefit Period: Reducing Benefit Duration reflecting Social Security Normal Retirement Age Age at Disability Maximum Benefit Period Greater of SSNRA * or Less than age 60 To age 65 Age 60 60 Months Age 61 48 Months Age 62 42 Months Age 63 36 Months Age 64 30 Months Age 65 24 Months Age 66 21 Months Age 67 18 Months Age 68 15 Months 69 and over 12 Months *SSNRA means: the Social Security Normal Retirement Age as figured by the 1983 amendment or any later amendment to the Social Security Act. Premium contributions are waived while the Covered Person is receiving Long Term Disability payments. 2018-03-06 Agenda Packet Page 526 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS UHCD-CERT-CA 3 EELIG-CA Covered Person’s Eligibility: Employees who work on a full-time basis for a Policyholder are eligible for insurance after completion of the required Employee Waiting Period shown in the Schedule of Benefits, provided they are in a class of Employees who are included. Employees will be considered to work on a full-time basis if they customarily work at least the number of hours per week shown in the Schedule of Benefits. An Employee will become eligible for insurance on the latest of the following dates: 1. the Effective Date of the Policy; 2. the end of the Employee Waiting Period shown in the Schedule of Benefits; 3. the date the Policy is changed to include the Employee’s class; or 4. the date the Employee enters a class eligible for insurance. Effective Date of Covered Person Insurance: If an Employee is not Actively at Work on the date his insurance is scheduled to take effect, it will take effect on the day after the date he returns to Active Work. If the Employee’s insurance is scheduled to take effect on a non-working day, his Active Work status will be based on the last working day before the scheduled Effective Date of his insurance. An Employee must use forms provided by Us when applying for insurance. The Employee’s insurance will be effective at 12:01 A.M. Eastern Standard time as follows: 1. if it is Non-contributory, on the date the Employee becomes eligible for insurance, regardless of when he applies, or 2. if it is Contributory, and the Employee makes application within 31 days after the date he first became eligible, on the later of: a. the date the Employee is eligible for insurance, regardless of when he applies; or b. the date the Employee’s application is approved by Us if evidence of insurability is required. Family and Medical Leave of Absence: If the Covered Person is on a Family or Medical Leave of Absence, his insurance will be governed by his Employer’s policy on Family and Medical Leaves of Absence. We will continue the Covered Person’s insurance if the cost of his insurance continues to be paid and his Leave of Absence is approved in advance and in writing by his Employer. The Covered Person’s insurance will continue for up to the greater of: 1. the leave period required by the Federal Family and Medical Leave Act of 1993; or 2. the leave period required by applicable state law. While the Covered Person is on a Family or Medical Leave of Absence, We will use earnings from his Employer just prior to the date his Leave of Absence started to determine Our payments to him. If the Covered Person’s insurance does not continue during a Family or Medical Leave of Absence, then when he returns to Active Work: 1. he will not have to meet a new Employee Waiting Period including a Waiting Period for insurance or a Pre-Existing Condition, if applicable; and 2. he will not have to give Us evidence of insurability to reinstate the insurance he had in effect before his Leave of Absence began. However, time spent on a Leave of Absence, without insurance, does not count toward satisfying his Employee Waiting Period. 2018-03-06 Agenda Packet Page 527 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS (continued) UHCD-CERT-CA 4 SCH-CA Termination of Covered Person Insurance: The Covered Person’s insurance will terminate at 12:00 midnight Eastern Standard Time on the earliest of the following dates: 1. the last day of the period for which a premium payment is made, if the next payment is not made; 2. the date he ceases to be a member of a class eligible for insurance; 3. the date the Policy terminates, or a specific benefit terminates; or 4. the date he ceases to be Actively at Work. The Policyholder may deem the Covered Person’s employment continued during a temporary layoff or approved leave of absence. In such cases, insurance will not continue beyond the end of the month following the month in which the layoff or leave began. 5. the date he is no longer Actively at Work due to a labor dispute, including but not limited to a strike, work slow-down or lock out. 2018-03-06 Agenda Packet Page 528 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON UHCD-CERT-CA 5 WR-LTD-CA Disability Provision: We will pay the monthly benefit for each month that the Covered Person is continuously Disabled provided the period of Disability begins while covered under the Policy and continues beyond the Elimination Period. Disabled or Disability means Total Disability or Partial Disability as those terms are defined below. Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. If the Covered Person returns to work for a period of time not to exceed the Accumulation of Elimination Period and cannot continue, he will not have to begin a new Elimination Period. However, We will count only those days he is Disabled toward satisfying the Elimination Period. The Elimination Period and the Accumulation of Elimination Period are shown in the Schedule of Benefits. Totally Disabled or Total Disability means The Covered Person has a disability that renders him unable to perform with reasonable continuity the substantial and material acts necessary to pursue his usual occupation in the usual or customary way or to engage with reasonable continuity in another occupation in which he could reasonably be expected to perform satisfactorily in light of his age, education, training, experience, station in life, physical and mental capacity. Partial Disability means he is able to: 1. during the first 24 months of a period of Disability, perform with reasonable continuity one or more of the substantial and material acts necessary to pursue his usual occupation in the usual and customary way, but he is unable to perform all of the substantial and material acts or he is unable to perform them for as long as normally required; or 2. after the first 24 months of a period of Disability, perform with reasonable continuity one or more of the and substantial and material acts necessary to engage in another occupation which he could reasonably be expected to perform satisfactorily in light of his age, education, training, experience, station in life, physical and mental capacity, but he is unable to perform all of the material and substantial acts or he is unable to perform them for as long as normally required. If the Covered Person is working during the Elimination Period, the days that he is working will count towards satisfying his Elimination Period, provided he meets the Definition of Partially Disabled. In order to determine Disability, We may require the Covered Person to be examined by Physicians, other medical practitioners or vocational experts of Our choice. We will pay for these examinations. The Benefit Percent, Elimination Period, Maximum Benefit Period and Maximum Monthly Benefit are shown in the Schedule of Benefits. Receipt of Disability Payments: The Covered Person will begin to receive payments when We approve his claim, provided the Elimination Period has been met and he is Disabled. We will send him a payment each month for any period for which We are liable. If he is Partially Disabled, proof of Disability Earnings will be required before benefits are paid. After the Elimination Period, if the Covered Person is Disabled for only part of a month, We will send him 1/30th of his payment for each day of Disability. 2018-03-06 Agenda Packet Page 529 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 6 WR-LTD-CA Calculating the Monthly Payment – Total Disability: Calculate the Covered Person’s monthly payment as follows: 1. Multiply the Covered Person’s Pre-Disability Monthly Earnings by the Benefit Percent shown in the Schedule of Benefits. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. Compare the result in Step 1 with the Maximum Monthly Benefit shown in the Schedule of Benefits. 3. The lesser of these two amounts is the Covered Person’s monthly Gross Disability Payment Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings means the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. 4. Subtract from his monthly Gross Disability Payment all Other Income Benefit amounts. The result is the Covered Person’s monthly payment. Other Income Benefits: Please see definition on pages 8 and 9. In no event will the Covered Person’s monthly payment exceed the Maximum Monthly Benefit shown in the Schedule of Benefits. Disability During a Temporary Layoff or Approved Leave of Absence: If the Covered Person becomes Disabled while he is on a temporary layoff or approved leave of absence, We will calculate his benefit using his Pre-Disability Monthly Earnings from his Employer in effect just prior to the date his absence begins. 2018-03-06 Agenda Packet Page 530 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 7 WR-LTD-CA Calculating the Monthly Payment –Partial Disability: If the Covered Person is Partially Disabled, calculate his benefit payment as follows: 1. Multiply his Pre-Disability Monthly Earnings by the Benefit Percent shown in the Schedule of Benefits. Pre-Disability Monthly Earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. Compare the result in Step 1 with the Maximum Monthly Benefit Schedule of Benefits. 3. The lesser of these two amounts is the Covered Person’s Gross Disability Payment, which is used in the benefit calculation below. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings are the earnings, which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. When the Covered Person first returns to work during a period of disability, the Work Incentive Benefit establishes that, for 24 months, his monthly payment, as determined above, will not be reduced as long as Payment does not exceed 100% of his Indexed Pre-Disability Monthly Earnings. Indexed Pre-Disability Monthly Earnings are the Covered Person’s Pre-Disability Monthly Earnings adjusted on each anniversary of benefit payments by the lesser of 5% or the current annual percentage increase in the Consumer Price Index (CPI-W). The Covered Person’s Indexed Pre- Disability Monthly Earnings may increase or remain the same, but will never decrease. This manner of indexing is only used to determine the Covered Person’s percentage of lost earnings while he is Disabled and working. Consumer Price Index (CPI-W) means the index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor. We reserve the right to use some other similar measurement if the Department of Labor changes or stops publishing the CPI-W. 2018-03-06 Agenda Packet Page 531 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 8 WR-LTD-CA During the period of time that the Work Incentive Benefit applies: 1. Add the Covered Person’s monthly Disability Earnings to his Gross Disability Payment, as calculated above. 2. Compare the result in Step 1 to his Indexed Pre-Disability Monthly Earnings. 3. If the result from Step 2 is less than or equal to 100% of the Covered Person’s Indexed Pre- Disability Monthly Earnings, We will not further reduce his Monthly Payment, as calculated above. 4. If the result in Step 2 is greater than 100% of the Covered Person’s Indexed Pre-Disability Monthly Earnings, We will subtract the amount over 100% from his Monthly Payment, as calculated above. The result is the amount We will pay the Covered Person each month. After the period of time that the Work Incentive Benefit applies: 1. Subtract the Covered Person’s Disability Earnings from his Indexed Pre-Disability Monthly Earnings. 2. Divide the result in Step 1 by his Indexed Pre-Disability Monthly Earnings. This is his percentage of lost earnings. 3. Multiply the Covered Person’s monthly payment, as calculated above, by the answer in Step 2. The result is the amount We will pay the Covered Person each month. Other Income Benefits: 1. any benefits and awards he receives under: a. occupational disease Law; or b. any other similar Act or Law. 2. any temporary disability benefits he receives under Workers’ Compensation Law; 3. any Disability income benefits he receives under: a. any compulsory benefit Act or Law; b. any other group insurance policy with the Employer or with an association; c. any other group insurance policy with another employer under which he becomes covered while he is Disabled under the Policy; or d. any governmental retirement system as the result of his job with his Employer. 4. any Disability benefits under the United States Social Security Act, The Canada Pension Plan, The Quebec Pension Plan, the Jones Act, and any other similar plan or Act. Benefits include: a. Disability benefits he receives and any Disability benefits his Spouse or his children receive as a result of his Disability. b. retirement benefits he receives and any retirement benefits his Spouse or his children receive as a result of his receipt of retirement benefits . If the Covered Person’s Disability begins after his 70th birthday, and he was receiving Social Security retirement benefits before his Disability began, then We will not reduce Our payments to him by these retirement benefits. 2018-03-06 Agenda Packet Page 532 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 9 WR-LTD-CA Pension Plan means: a plan that provides retirement benefits and which is not wholly funded by Employee contributions. The term does not include a profit sharing plan, a thrift plan, an individual retirement account (IRA), a tax sheltered annuity plan (TSA), a stock ownership plan or a non-qualified plan of deferred compensation. 5. any benefits from the Employer’s retirement plan, the Public Employees Retirement System and the State Teachers Retirement System he: a. receives as disability benefits; b. voluntarily chooses to receive as retirement benefits; or c. receives as retirement benefits once he reaches the greater of age 62 or normal retirement age, as defined in his Employer’s Retirement Plan. Regardless of how the retirement funds from the plan are distributed, for the purposes of determining Our payment to the Covered Person, We consider Employee and Employer contributions to be distributed at the same time throughout the Covered Person’s lifetime. We will not reduce payments the Covered Person receives from Us for his contributions to the Employer’s retirement plan, or for amounts he rolls over or transfer to an eligible Retirement Plan. Disability benefits under a retirement plan are benefits that are paid due to disability and which do not reduce the retirement benefits which would have been paid if the disability had not occurred. Retirement benefits under a retirement plan are benefits that are paid based on the Covered Person’s Employer’s contribution to the retirement plan. Disability benefits that reduce the retirement benefits under the plan will also be considered a retirement benefit. Eligible retirement plan is defined in Section 402 of the Internal Revenue Code of 1986 and includes future amendments to Section 402 affecting the definition. 6. any benefits for loss of time or lost wages he receives from the mandatory portion of a no- fault motor vehicle insurance plan, or automobile liability insurance policy. 7. any amount he receives under any unemployment compensation Law. 8. any amounts he receives from a third party (after subtracting attorney’s fees) by judgment, settlement or otherwise. If the Covered Person receives any of the Other Income Benefits in a lump sum payment, We will pro-rate the lump sum on a monthly basis over the time period for which the sum was given. If no time period is stated, the sum will be pro-rated on a monthly basis to the end of the Covered Person’s Maximum Benefit Period. Other Income Benefits must be payable as a result of the same Disability for which the Covered Person is receiving a payment from Us, except for retirement benefits. We will NOT subtract from the Covered Person’s Gross Disability Payment any amounts he receives from the following sources: 1. 401(k) plans 2. profit sharing plans 3. thrift plans 4. tax sheltered annuities 5. stock ownership plans 6. non-qualified plans of deferred compensation 7. Pension plans for partners 2018-03-06 Agenda Packet Page 533 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 10 WR-LTD-CA 8. military pension and military disability income plans 9. credit disability insurance 10. franchise disability income plans 11. a retirement plan from another Employer 12. Individual Retirement Accounts (IRA) 13. individual disability income plans Affect of Other Income Benefits on Payment: If subtracting Other Income Benefits results in a zero benefit, We will pay the Covered Person the Minimum Monthly Benefit shown in the Schedule of Benefits. The Minimum Monthly Benefit, however, may be applied toward an outstanding overpayment. Cost of Living Increases: After the first deduction for each of the Other Income Benefits, We will not further reduce the amount of the Covered Person’s Monthly Payment under the Policy due to cost of living increases he receives from any of the sources described in the “Other Income Benefits” section. Lump Sum Survivor Benefit: When We receive proof that the Covered Person died, We will pay his spouse, if living, otherwise, his children under age 26, a lump sum benefit equal to 3 months of the Covered Person’s monthly Gross Disability Payment if, on the date of the Covered Person’s death: 1. his Disability had continued for 90 or more consecutive days;and 2. he was receiving or was entitled to receive a Monthly Payment under the Policy. If the Covered Person has no living spouse or children, payment will be made to his estate. However, We will first apply the survivor benefit to any overpayment which may exist on the Covered Person’s claim. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings are the earnings which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits: See definition on page 8. Transplant Benefit: If, while insured under the Policy, the Covered Person donates an organ for an Organ Transplant Procedure, and as a result he becomes Disabled, his Elimination Period will be waived and a benefit is payable for Disability resulting from an Organ Transplant Procedure and will have a limited pay period of 12 months. This benefit will be payable only once in the Covered Person’s lifetime. Benefit payments will be subject to all of the provisions contained in the Policy, except for those that are in conflict with the provisions of this Transplant Benefit. 2018-03-06 Agenda Packet Page 534 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 11 WR-LTD-CA Organ Transplant Procedure means: the Covered Person donates any of the following for transplantation into another person: kidney, liver, lung, skin or bone marrow. Termination of Benefits: We will stop sending the Covered Person payments and his claim will end on the earliest of: 1. the date he is no longer Disabled according to the terms of the Policy; 2. the date he reaches the end of the Maximum Benefit Period stated in the Schedule of Benefits; 3. the date his Disability Earnings exceed 80% of his Indexed Pre-Disability Earnings; 4. the date he dies. If the Covered Person is a citizen of the United States and is receiving Treatment outside of the United States, We may require him to return to the United States for Treatment. Failure to do so when requested may result in termination of benefits. General Limitations: Mental Illness Limitation Disabilities due to Mental Illness have a limited pay period of 24 months. This is a lifetime cumulative maximum benefit period for Disabilities due to Mental Illness. We will continue to send the Covered Person payments beyond the limited pay period if he is confined to a Hospital or Medical Facility. If he is still Disabled when he is discharged, We will send him payments for a recovery period of up to 90 days. If he becomes re-confined at any time during the recovery period and remains confined for at least 14 days in a row, We will send payments during that additional confinement and for one additional recovery period up to 90 more days. In no case will benefits be paid beyond the Maximum Benefit Period stated in the Schedule of Benefits. Mental Illness means any condition which is: 1. listed in the current edition of the Diagnostic and Statistical Manual of Mental Health Disorders (or any successor diagnostic manual) published by the American Psychiatric Association; and 2. usually treated by a mental health provider or other qualified provider, using psychotherapy, psychotropic drugs or other similar methods of treatment. Substance Abuse Limitation Benefits payable for loss sustained or contracted in consequence of Your being intoxicated or under the influence of any narcotic unless administered on the advice of a Physician, have a limited pay period of 24 months. This is a lifetime cumulative maximum benefit period for Disabilities due to Substance Abuse. We will continue to send the Covered Person payments beyond the limited pay period if he is confined to a Hospital or Medical Facility. If he is still Disabled when he is discharged, We will send him payments for a recovery period of up to 90 days. If he becomes re-confined at any time during the recovery period and remains confined for at least 14 days in a row, We will send payments during that additional confinement and for one additional recovery period up to 90 more days. In no case will benefits be paid beyond the Maximum Benefit Period stated in the Schedule of Benefits. 2018-03-06 Agenda Packet Page 535 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 12 WR-LTD-CA Recurrent Disability: If the Covered Person’s current Disability is due to the same or related medical causes as a prior Disability for which We made a payment, We will treat the current Disability as part of his prior claim if less than 6 consecutive months have passed since the prior Disability. The current Disability will be subject to the same terms of the Policy as the prior claim and will be treated as a continuation of that Disability, except the Covered Person will not be required to satisfy another Elimination Period. Any Disability which occurs after 6 consecutive months from the date of the Covered Person’s prior claim ended will be treated as a new claim. The new claim will be subject to all of the provisions of the Policy, including the Elimination Period. If the Covered Person returns to work for another Employer, We will treat a Recurrent Disability the same as established above for the first 6 months following his return to work. Any Recurrent Disability that occurs more than 6 months but less than 12 months after the end of the Covered Person’s prior Disability will be treated as a continuation of the prior Disability, but the Covered Person will be required to complete a new Elimination Period. Multiple Causes: If a period of Disability is extended by a new, unrelated cause while benefits are payable, benefits will continue while the Covered Person remains Disabled, subject to the following: 1. benefits will not continue beyond the end of the original Maximum Benefit Period; and 2. any Exclusions and Pre-existing Conditions Limitations will apply to the new cause of Disability. Concurrent Disabilities: Benefits for a Disability that is caused by more than one condition will be paid as if the Disability were caused by one condition. In no event will a Covered Person be considered to have more than one Disability at the same time. General Exclusions: We will not cover a Disability under the Policy if it is due to: 1. an act of war, declared or undeclared, whether civil or international; 2. intentionally self-inflicted injuries; 3. active participation in a riot; 4. committing or attempting to commit a felony 5. cosmetic or elective surgery; or 6. a Pre-Existing Condition that begins during the first 12 months after the Covered Person’s Effective Date of insurance. A Pre-Existing Condition is any disease or condition, other than pregnancy, which existed on, or had its inception before Your effective date of insurance, or with respect to increases in coverage, within the 3 month period prior to the effective date of the increase. If the Covered Person becomes entitled to benefits under any other Group Long Term Disability policy, he will not be eligible for payments under the Policy. Continuity of Insurance Upon Transfer of Insurance Carriers: In order to prevent loss of insurance for a Covered Person because of a transfer of insurance carriers, We will provide insurance for certain Employees as follows: Employees who are not Actively at Work due to Disability: We will insure the Employee under this Policy if the prior group insurance policy insured him and the cost of his insurance under the prior group insurance policy was paid. 2018-03-06 Agenda Packet Page 536 LONG TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 13 WR-LTD-CA Our payments to the Employee will be limited to the lesser of the Monthly Payment under the Policy or the monthly benefit the prior group insurance policy would have paid him, had that policy stayed in effect. Our payments will be reduced by any amount the prior group insurance policy is responsible for paying. Employees who are Disabled due to a Pre-Existing Condition: If the Employee was insured by the prior group insurance policy immediately prior to becoming eligible for insurance under this Policy, he is Actively at Work and he is insured under this Policy, then he may be eligible for payments under this Policy if his Disability is due to a Pre-Existing Condition. In order to receive payments from Us, the Employee must satisfy the Pre-Existing Condition Exclusion test of: 1. this Policy; or 2. the prior group insurance policy, had that policy stayed in effect. We will give credit toward continuous time insured under both policies. We will determine Our payments using the provisions of this Policy, but the Employee’s Monthly Payment will not be more than the maximum monthly payment of the prior group insurance policy. The Employee’s Monthly Payment will end on the earlier of the following: 1. the end of the Maximum Benefit Period; 2. the date benefits would have ended under the prior group insurance policy, if the policy had stayed in effect. If the Employee cannot satisfy the Pre-Existing Condition Exclusion test of either policy, then he will not be eligible for a Monthly Payment. 2018-03-06 Agenda Packet Page 537 CERTIFICATE GENERAL PROVISIONS UHCD-CERT-CA 14 GEN-CA Entire Group Contract; Changes: This Policy, the application of the Policyholder, if any, and the individual applications, if any, of the employees, constitute(s) the entire contract between the parties, and any statement made by the Policyholder, or by any employee shall, in the absence of fraud, be deemed a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits under the Policy or be used in defense to a claim hereunder unless it is contained in a written application, nor shall any such statement of the Policyholder, except a fraudulent misstatement, be used at all to void the Policy after it has been in force for three years from the date of its issue, nor shall any such statement of any employee eligible for coverage under the Policy, except a fraudulent misstatement, be used at all in defense to a claim for loss incurred or Disability commencing after the insurance coverage with respect to which claim is made has been in effect for three years from the date it became effective. No change in the Policy shall be valid unless approved by an executive officer of Ours and unless such approval be endorsed thereon or attached hereto. No agent has authority to change the Policy or to waive any of its provisions. Time Limit on Certain Defenses: No claim for loss incurred or Disability commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period: A grace period of 60 days from the Premium Due Date will be granted for the payment of premiums accruing after the first premium, during which grace period, the Policy will continue in force, but he Policyholder shall be liable for the payment of the premium accruing for the period the Policy continues in force. Notice of Claim: Written notice of claim must be given to Us within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to Us at the administrative address shown on the face page of this Certificate, or to any authorized agent of Ours, with information sufficient to identify the insured employee (i.e. Name, the Policyholder’s name and the Policy number) shall be deemed notice to Us. Claim Forms: We, upon receipt of a written notice of claim, will furnish to the claimant such forms as are usually furnished by Us for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice, the clamant shall be deemed to have complied with the requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made. Proofs of Loss: Written proof of loss must be furnished to Us, in case of claim for loss for which this Policy provides any periodic payment contingent upon continuing loss, within 90 days after the termination of the date the Elimination Period ends, and in case of claim for any other loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year from the time proof is otherwise required. Time of Payment of Claim: Indemnities payable under the Policy for any loss other than loss for which this Policy provides periodic payments will be paid as they accrue immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for loss for which this Policy provides periodic payment will be paid to the insured employee monthly and any balance remaining unpaid upon the termination of the period of liability will be paid immediately upon receipt of due written proof. 2018-03-06 Agenda Packet Page 538 CERTIFICATE GENERAL PROVISIONS (continued) UHCD-CERT-CA 15 GEN-CA Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to Your estate. Any other accrued indemnities unpaid at Your death may, at Our option, be paid either to such beneficiary or to such estate. All other indemnities will be payable to You. If any indemnity of this Policy shall be payable to the estate of the insured employee, or to an insured employee or beneficiary who is a minor or otherwise not competent to give a valid release, We may pay such indemnity up to an amount not exceeding $1,000 to any relative by blood or connection by marriage of the insured employee or beneficiary who is deemed by Us to be equitably entitled thereto. Any payment made by Us in good faith pursuant to this provision shall fully discharge Us to the extent of such payment. Physical Examination and Autopsy: We, at Our own expense, shall have the right and opportunity to examine the person of any individual whose condition is the basis of claim when and as often as We may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by law. Legal Actions: No action at law or in equity shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this Policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished. Misstatement of Age: If the age of any individual covered under this Policy has been misstated, the amount payable shall be such as the premium paid for would have purchased at the correct age. Cancellation: After the Policy has been in force for 12 months, We may cancel this Policy at any time by written notice delivered to the Policyholder, or mailed to its last address as shown on Our records, stating when, not less than 31 days thereafter, such cancellation shall be effective; and the Policyholder may cancel this Policy at any time by written notice delivered or mailed to Us, effective on receipt or on such later date as may be specified in the notice. In the event of such cancellation by either Us or the Policyholder, We shall promptly return on a pro-rata basis the unearned premium paid, if any, and the Policyholder shall promptly pay on a prorate basis the earned premium which has not been paid. Such cancellation shall be without prejudice to any claim originating prior to the effective date of such cancellation. We may also cancel a portion of the risk insured under the Policy on a class basis, such as termination of all persons within the same Enrolling Group, or same geographic, occupational, or eligibility class. In addition, We may cancel or modify the Policy, or an insurance option offered under the Policy if: a) the number of persons covered under the Policy falls below 75% or; b) the number of persons covered in an option falls below the lesser of 10 eligible persons or 25% of all persons eligible for the coverage . Such cancellation shall be in accordance with the preceding paragraph. Conformity with State Statutes: Any provision of the Policy which, on it effective date, is in conflict with the statutes of the state in which the Policy was delivered or issued for delivery is hereby amended to conform to the minimum requirements of such statute. Right to Audit: While We are paying benefits, We have the right to audit Your earnings at reasonable intervals if You are Disabled and working. Overpayment of Claim: We have the right to recover any overpayments due to: 1. any error We make in processing a claim; and 2. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. 2018-03-06 Agenda Packet Page 539 GLOSSARY OF TERMS UHCD-CERT-CA 16 GLOSSARY- CA The male pronoun, whenever used in the Policy, includes the female. Active Work or Actively at Work: The Covered Person is working at least the minimum number of hours per week in an Eligible Class, as shown in the Schedule of Benefits. Unless Disabled on the prior workday or on the day of absence, a Covered Person will be considered Actively at Work on the following days: 1. a Saturday, Sunday or holiday which is not a scheduled workday; 2. a paid vacation day, or other scheduled or unscheduled non-workday; or 3. an excused or emergency leave of absence (except medical leave. Contributory or Non-Contributory Insurance: Contributory Insurance is insurance for which the Covered Person must apply and agree to make the required premium contributions. Non- Contributory Insurance is insurance for which the Covered Person does not have to make any premium contributions. Covered Person: The Employee/Member insured under the Policy. References to “Covered Person”, “Covered Persons” and “Covered Person’s” throughout this Certificate are references to a Covered Person. Disabled or Disability: Total Disability or Partial Disability as those terms are defined in the Disability Benefit Provisions. Employee/Member: A person who is: 1. directly employed in the normal business of the Policyholder; and 2. paid for services by the Policyholder; and 3. Actively at Work for the Policyholder, or any subsidiary or affiliate insured under the Policy. No director or officer of an Policyholder will be considered an Employee unless he meets the above conditions. Employer: The Policyholder and includes any division, subsidiary, or affiliated company named in the Policy. Employer does not include Employers of other related areas of practice for which the Covered Person may also work. Hospital or Medical Facility: A legally operated, accredited facility licensed to provide full-time care and treatment for the condition for which benefits are payable under the Policy. It is operated by a full-time staff of licensed physicians and registered nurses. It does not include facilities that primarily provide custodial, education or rehabilitative care, or long-term institutional care on a residential basis. Physician: A practitioner of the healing arts who is: 1. duly licensed and practicing in the United States and in the state in which the treatment is received; and 2. practicing within the scope of that license. The term Physician does not include the Covered Person, the Covered Person’s spouse, children, parents, parents-in-law, or siblings. 2018-03-06 Agenda Packet Page 540 UHI-CA-NOTICE 17 California Consumer Complaint Notice If the Covered Person has any questions or problems with their coverage, We will be ready to help. Our contact information is: UnitedHealthcare Insurance Company A Stock Company Administrative Offices: 9900 Bren Road East, Minnetonka, MN 55343 1-888-299-2070 The Covered Person may also call the California Department of Insurance for assistance. However, We ask that the Covered Person gives Us the opportunity to try to resolve the problem. Please, call us first. If, We fail to help, the Covered Person may still ask the California Department of Insurance for assistance. Their contact information is: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, California 90013 1-800-927-HELP (1-800-927-4357) http://www.insurance.ca.gov/01-consumers/ 2018-03-06 Agenda Packet Page 541 CERTIFICATE MODIFICATIONS RIDER UHCL-AMEND Printed in U.S.A. Rev. 03/17 Certificate Modification(s) to the Certificate Policyholder: City of Chula Vista Policy Number: 305255 It is agreed that the Certificate is amended as follows: Effective January 1, 2018, with respect to residents of the states as shown on the subsequent pages, the following provisions amend, replace or are added, when applicable, to the Certificate: Signed for the Company by: Secretary President UnitedHealthcare Insurance Company Hartford, Connecticut 2018-03-06 Agenda Packet Page 542 UHCL-AMEND Printed in U.S.A. (01/2017) STATUTORY PROVISIONS ALASKA Residents of the state of Alaska, the following provisions are included to bring your Certificate into conformity with Alaska state law: Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section, it is hereby deleted in its entirety. Overpayment of Claim The Overpayment of Claim section as contained in the Certificate is hereby changed to read as follows: Overpayment of Claim: Within 180 days of payment of a benefit, We have the right to recover any overpayments due to: 1. fraud; 2. any error We make in processing a claim; and 3. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. ARKANSAS Residents of the state of Arkansas, the following provision is included to bring your Certificate into conformity with Arkansas state law: Insurer Information Notice Any questions regarding the Policy may be directed to: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 1-866-615-8727 If the question is not resolved, you may contact the Arkansas Insurance Department: Arkansas Insurance Department Consumer Services Division 400 University Tower Building Little Rock, Arkansas 77204 Telephone: 1-800-852-5494 2018-03-06 Agenda Packet Page 543 UHCL-AMEND Printed in U.S.A. (01/2017) MINNESOTA Minnesota has determined that its statutory requirements apply to Minnesota residence when non-Minnesota sitused Employers have 25 or more Employees residing in Minnesota. Any questions regarding these statutory requirements may be directed in writing to: UnitedHealthcare Specialty Benefits Contract Services Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 MONTANA Residents of the state of Montana, the following provision is included to bring your Certificate into conformity with Montana state law: Conformity with Montana Statutes: For Montana residents, the provisions of this Policy are intended to conform to the minimum requirements of Montana law. If any provision of the Policy conflicts with any Montana statutes, the provision will be deemed to conform to the minimum requirements of the Montana law. Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section it is hereby deleted in its entirety. Disability Pre-Existing Exclusion Any applicable Pre-Existing exclusion will not be applied to any disability that begins more than 12 months after the Covered Person’s Effective Date of insurance. NEW HAMPSHIRE Residents of the state of New Hampshire, the following provision is included to bring your Certificate into conformity with New Hampshire state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate of Coverage is modified to include the following: Failure to furnish such proof of claim within the Certificate of Coverage stated time limit will not invalidate nor reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as it was reasonably possible. Discretionary Authority When a Discretionary Authority provision is shown in the Certificate of Coverage GENERAL PROVISIONS section it is hereby deleted in its entirety. 2018-03-06 Agenda Packet Page 544 UHCL-AMEND Printed in U.S.A. (01/2017) NORTH CAROLINA Residents of the state of North Carolina, the following provision is included to bring your Certificate into conformity with North Carolina state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate is modified as follows: Written proof of claim must be filed within 180 days of the loss. However, if it is not possible to give proof within 180 days, it must be given no later than one year after the time proof is otherwise required, except in the absence of legal capacity. Occupational Injury or Sickness Exclusion Any exclusion that applies to an Occupational Injury or Sickness is hereby replaced by the following: An Occupational Injury or Sickness for treatments which are paid under the North Carolina Worker’s Compensation Act only to extent such services or supplies are the liability of the employee, employer or workers’ compensation insurance carrier according to a final adjudication under the North Carolina Workers’ Compensation Act or an order of the North Carolina Industrial Commission approving a settlement agreement under the North Carolina Workers’ Compensation Act. NORTH DAKOTA Residents of the state of North Dakota, the following provision is included to bring your Certificate into conformity with North Dakota state law: 20 Day Right to Examine Certificate: There is a 20 day right to review this Certificate. If You decide not to keep it, it may be returned to Us within 20 days of the original Certificate Effective Date. In that event, We will consider it void from the Certificate Effective Date and refund all premium paid. Any claims paid during the initial 20 day period will be deducted from the refund. OKLAHOMA Residents of the state of Oklahoma, the following provision is included to bring your Certificate into conformity with Oklahoma state law: Certificates delivered to residents of state of Oklahoma are subject to Oklahoma laws. Incontestability The Incontestability provision shown in the Certificate GENERAL PROVISIONS section is replaced by the following: Incontestability: We may not contest the validity of the Policy, except for the non-payment of premiums, after it has been in force for two years from its date of issue. No statement made by any Covered Person relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two years during such person’s lifetime, unless it is contained in a written instrument signed by him. This clause will not affect Our right to contest claims made for accidental death or accidental dismemberment benefits. TEXAS Residents of the state of Texas, the following provision is included to bring your Certificate into conformity with Texas state law: Incontestability The Incontestability provision under the CERTIFICATE GENERAL PROVISIONS section, is amended to remove the phrase “or fraudulent misrepresentations” from the first sentence. 2018-03-06 Agenda Packet Page 545 UHCL-AMEND Printed in U.S.A. (01/2017) TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call UnitedHealthcare Insurance Company’s toll-free telephone number for information or to make a complaint at 1-866-615-8727 You may also write to UnitedHealthcare Insurance Company at: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX #(512) 490-1007 Web: http://www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form No. AA-2068 (Rev. 6/15) AVISO IMPORTANTE Para obtener información o para presentar una queja: Usted puede llamar al número de teléfono gratuito de UnitedHealthcare Insurance Company's para obtener información o para presentar una queja al: 1-866-615-8727 Usted también puede escribir a UnitedHealthcare Insurance Company: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener información sobre compañías, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamación, usted debe comunicarse con (el agente) (la compañía) (el agente o la compañía) primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU PÓLIZA: Este aviso es solamente para propósitos informativos y no se convierte en parte o en condición del documento adjunto. ACN-TX-MP (8/95) 2018-03-06 Agenda Packet Page 546 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE ● Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. ● Amounts of Coverage The basic coverage protections provided by the Association are as follows. ● Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: ● Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 ● Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. ● Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org 2018-03-06 Agenda Packet Page 547 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: ● A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract ● A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society ● If the person is provided coverage by the guaranty association of another state ● Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual ● Employer and association plans, to the extent they are self-funded or uninsured ● A policy or contract providing any health care benefits under Medicare Part C or Part D ● An annuity issued by an organization that is only licensed to issue charitable gift annuities ● Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract ● Any policy of reinsurance unless an assumption certificate was issued ● Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance Guarantee Association California Department of Insurance Consumer Communications Bureau P.O Box 16860, Beverly Hills, CA 90209-3319 300 South Spring Street Los Angeles, CA 90013 (323) 782-0182 (800) 927- 4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2018-03-06 Agenda Packet Page 548 2018-03-06 Agenda Packet Page 549 GROUP SHORT TERM DISABILITY CERTIFICATE OF COVERAGE FOR CITY OF CHULA VISTA POLICY NUMBER: 305255 EFFECTIVE DATE: January 1, 2018 CA – UHIC (2-18) 2018-03-06 Agenda Packet Page 550 STATE MANDATED DISABILITY REQUIREMENTS The following states legislatively mandate that certain employers provide state disability benefits for employees working in the state: California Hawaii New Jersey New York Rhode Island Puerto Rico The disability coverage available under this plan is not intended to replace any state mandated disability coverage. The disability benefits provided in this Certificate of Coverage will be reduced by any benefits received under a state mandated disability plan. 2018-03-06 Agenda Packet Page 551 UHCD-CERT-CA UnitedHealthcare Insurance Company (Hereinafter referred to as We, Us or Our) 185 Asylum Street Hartford, Connecticut (Home Office) Policyholder: City of Chula Vista Effective Date: January 1, 2018 Policy Number: 305255 Beneficiary: As on file with the Administrator We, issue this Certificate to the Covered Person as evidence of insurance under the Policy We issued to the Policyholder shown above. This Certificate describes the benefits and other important provisions of the Policy. Please read it carefully. The Policy may be amended, changed, cancelled or discontinued without the consent of the Covered Person or the Covered Person’s beneficiary. The benefits described in this Certificate insure the Covered Person. This Certificate becomes effective at 12:01 A.M. Eastern Standard time on the Effective Date shown above. Read the Group Certificate Carefully This is a legal contract between the Policyholder and Us. If the Policyholder has any questions or problems with the Policy, We will be ready to help the Policyholder. The Policyholder may call upon his agent or Our Home Office for assistance at any time. If the Policyholder or the Covered Person have questions, need information about their insurance, or need assistance in resolving complaints, call 1-866-615-8727. It is signed at Our Home Office of as of the Effective Date shown above. Secretary President Group Short Term Disability, Long Term Disability Insurance Policy Non-Participating Administrative Office: 9900 Bren Road East Minnetonka, MN 55343 2018-03-06 Agenda Packet Page 552 TABLE OF CONTENTS UHCD-CERT-CA UIC-TOC-CA Schedule of Benefits ..................................................................................................................................... 1 Covered Person Eligibility, Effective Date and Termination Provisions ........................................................ 3 Short Term Disability Insurance for Covered Person ................................................................................... 5 Lump Sum Survivor Benefit under the Short Term Disability Insurance .................................................... 11 Certificate General Provisions..................................................................................................................... 12 Glossary of Terms ....................................................................................................................................... 14 California Consumer Complaint Notice ....................................................................................................... 15 2018-03-06 Agenda Packet Page 553 SCHEDULE OF BENEFITS UHCD-CERT-CA 1 SCH-CA Class of Employees This schedule covers the following class(es) of Employees of companies and affiliates controlled by the Policyholder: All Active Full Time Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, Western Council of Engineers, Association of Chula Vista Employees, and Confidential; excluding employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF) Employees, temporary and seasonal employees Description of Class: Employees are considered full-time benefited-salaried if they customarily work: 80 hours biweekly Part-time benefited-salaried employees must be authorized to work at least half-time or 40 hours biweekly Employee Waiting Period: An Employee is eligible for insurance on the later of the following dates: 1. The Group Policy’s Effective Date, January 1, 2018. 2. The date the Employee begins continuous employment with the Policyholder. Cost of Insurance: The Covered Person is not required to contribute to the cost of his insurance. Covered Person Insurance: Short Term Disability Benefit: Benefit Percent: 60% of the Covered Person’s Pre-Disability Weekly Earnings. The Covered Person’s benefit may be reduced by Other Income Benefits and Disability Earnings. Pre-Disability Weekly Earnings Basic annual earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. Disability Earnings means the earnings which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits – please see page 7 of this certificate. Maximum Weekly Benefit: $1,732 Minimum Weekly Benefit: $50 2018-03-06 Agenda Packet Page 554 SCHEDULE OF BENEFITS (continued) UHCD-CERT-CA 2 SCH-CA Elimination Period: For Disability due to Injury: 30 days For Disability due to any other cause: 30 days Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. Maximum Benefit Period: For Disability due to Injury: 9 Weeks of benefits For Disability due to any other cause: 9 Weeks of benefits Premium contributions must continue while the Covered Person is receiving Short Term Disability payments. Injury means physical harm or damage to the Covered Person. 2018-03-06 Agenda Packet Page 555 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS UHCD-CERT-CA 3 EELIG-CA Covered Person’s Eligibility: Employees who work on a full-time basis for a Policyholder are eligible for insurance after completion of the required Employee Waiting Period shown in the Schedule of Benefits, provided they are in a class of Employees who are included. Employees will be considered to work on a full-time basis if they customarily work at least the number of hours per week shown in the Schedule of Benefits. An Employee will become eligible for insurance on the latest of the following dates: 1. the Effective Date of the Policy; 2. the end of the Employee Waiting Period shown in the Schedule of Benefits; 3. the date the Policy is changed to include the Employee’s class; or 4. the date the Employee enters a class eligible for insurance. Effective Date of Covered Person Insurance: If an Employee is not Actively at Work on the date his insurance is scheduled to take effect, it will take effect on the day after the date he returns to Active Work. If the Employee’s insurance is scheduled to take effect on a non-working day, his Active Work status will be based on the last working day before the scheduled Effective Date of his insurance. An Employee must use forms provided by Us when applying for insurance. The Employee’s insurance will be effective at 12:01 A.M. Eastern Standard time as follows: 1. if it is Non-contributory, on the date the Employee becomes eligible for insurance, regardless of when he applies, or 2. if it is Contributory, and the Employee makes application within 31 days after the date he first became eligible, on the later of: a. the date the Employee is eligible for insurance, regardless of when he applies; or b. the date the Employee’s application is approved by Us if evidence of insurability is required. Family and Medical Leave of Absence: If the Covered Person is on a Family or Medical Leave of Absence, his insurance will be governed by his Employer’s policy on Family and Medical Leaves of Absence. We will continue the Covered Person’s insurance if the cost of his insurance continues to be paid and his Leave of Absence is approved in advance and in writing by his Employer. The Covered Person’s insurance will continue for up to the greater of: 1. the leave period required by the Federal Family and Medical Leave Act of 1993; or 2. the leave period required by applicable state law. While the Covered Person is on a Family or Medical Leave of Absence, We will use earnings from his Employer just prior to the date his Leave of Absence started to determine Our payments to him. If the Covered Person’s insurance does not continue during a Family or Medical Leave of Absence, then when he returns to Active Work: 1. he will not have to meet a new Employee Waiting Period including a Waiting Period for insurance or a Pre-Existing Condition, if applicable; and 2. he will not have to give Us evidence of insurability to reinstate the insurance he had in effect before his Leave of Absence began. However, time spent on a Leave of Absence, without insurance, does not count toward satisfying his Employee Waiting Period. 2018-03-06 Agenda Packet Page 556 COVERED PERSON ELIGIBILITY, EFFECTIVE DATE AND TERMINATION PROVISIONS (continued) UHCD-CERT-CA 4 SCH-CA Termination of Covered Person Insurance: The Covered Person’s insurance will terminate at 12:00 midnight Eastern Standard Time on the earliest of the following dates: 1. the last day of the period for which a premium payment is made, if the next payment is not made; 2. the date he ceases to be a member of a class eligible for insurance; 3. the date the Policy terminates, or a specific benefit terminates; or 4. the date he ceases to be Actively at Work. The Policyholder may deem the Covered Person’s employment continued during a temporary layoff or approved leave of absence. In such cases, insurance will not continue beyond the end of the month following the month in which the layoff or leave began. 5. the date he is no longer Actively at Work due to a labor dispute, including but not limited to a strike, work slow-down or lock out. 2018-03-06 Agenda Packet Page 557 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON UHCD-CERT-CA 5 EELIG-CA Disability Provision: We will pay a weekly benefit for each week that the Covered Person is continuously Disabled provided the period of Disability begins while covered under the Policy and continues beyond the Elimination Period. Receipt of Disability Payments: The Covered Person will begin to receive payments when We approve his claim, provided the Elimination Period has been met and he is Disabled. We will send him a payment each week for any period for which We are liable. If he is Partially Disabled, proof of Disability Earnings will be required before benefits are paid. The Covered Person must notify Us immediately when he returns to work in any capacity. Disabled or Disability means Total Disability or Partial Disability as those terms are defined herein. Partially Disabled or Partial Disability means the Covered Person is able to: 1. perform with reasonable continuity one or more of the substantial and material acts necessary to pursue his usual occupation in the usual and customary way, but he is unable to perform all of the substantial and material acts or he is unable to perform them for as long as normally required; or 2. perform with reasonable continuity one or more of the substantial and material acts necessary to engage in another occupation which he could reasonably be expected to perform satisfactorily in light of his age, education, training, experience, station in life, physical and mental capacity, but he is unable to perform all of the substantial and material acts or he is unable to perform them for as long as normally required. If the Covered Person is working during the Elimination Period, the days that he is working will count towards satisfying his Elimination Period, provided he meets the Definition of Partially Disabled. Totally Disabled or Total Disability means the Covered Person has a disability that renders him unable to perform with reasonable continuity the substantial and material acts necessary to pursue his usual occupation in the usual or customary way or to engage with reasonable continuity in another occupation in which he could reasonably be expected to perform satisfactorily in light of his age, education, training, experience, station in life, physical and mental capacity. Elimination Period means the length of time the Covered Person must be continuously Disabled before a benefit is payable. The Elimination Period begins on the first day of Disability. The Benefit Percent, Elimination Period, Maximum Payment Period and Maximum Weekly Benefit are shown in the Schedule of Benefits. Pre-Disability Weekly Earnings Basic annual earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2018-03-06 Agenda Packet Page 558 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 6 SCH-CA Calculating the Weekly Payment – Total Disability: The Covered Person’s weekly payment will be determined as follows: 1. Multiply his Pre-Disability Weekly Earnings by the Benefit Percent shown in the Schedule. Pre-Disability Weekly Earnings Basic annual earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. Compare the result in Step 1 with the Maximum Weekly Benefit shown in the Schedule. 3. The lesser of these two amounts is the Covered Person’s weekly Gross Disability Payment. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. 4. Subtract from his weekly Gross Disability Payment any Other Income Benefit amounts. The result is the Covered Person’s Weekly Payment. Other Income Benefits: Please see definition on page 7. Affect of Other Income Benefits on Payment: If subtracting Other Income Benefits results in a zero benefit, We will pay the Covered Person the Minimum Weekly Benefit shown in the Schedule of Benefits. The Minimum Weekly Benefit, however, may be applied toward an outstanding overpayment. After the Elimination Period, if the Covered Person is Disabled for only part of a week, We will send him 1/7th of his Weekly Payment for each day of Disability. Calculating the Weekly Payment – Partial Disability: Calculation: The Covered Person’s weekly payment will be determined as follows: 1. Multiply his Pre-Disability Weekly Earnings by the Benefit Percentage shown in the Schedule. Pre-Disability Weekly Earnings Basic annual earnings means your wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date your Disability begins. Covered Earnings are determined initially on the date an Employee applies for coverage. It does not include any amounts received as bonus, commissions, overtime pay or other extra compensation. 2. From 100% of his Pre-Disability Weekly Earnings subtract any Other Income Benefits, and any income he earns or receives from any form of employment. Other Income Benefits: Please see definition on pages 7 and 8. 3. Compare the results from Steps 1 and 2 with the Maximum Weekly Benefit shown in the Schedule. The lesser of the amounts from Step 3 is the amount We will pay the Covered Person each week. Affect of Other Income Benefits on Payment: If subtracting Other Income Benefits results in a zero benefit, We will pay the Covered Person the Minimum Weekly Benefit shown in the Schedule of Benefits. The Minimum Weekly Benefit, however, may be applied toward an outstanding overpayment. 2018-03-06 Agenda Packet Page 559 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 7 SCH-CA Work Incentive Benefit Calculation: The Covered Person’s weekly payment will be determined as follows: 1. Add the Covered Person’s weekly Disability Earnings to his weekly Gross Disability Payment, as calculated on the prior page. Disability Earnings means the earnings which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Gross Disability Payment means the payment amount before We subtract Other Income Benefits and Disability Earnings. 2. Compare the result in Step 1 to his Pre-Disability Weekly Earnings. If the result from Step 2 is less than or equal to 100% of the Covered Person’s Pre-Disability Weekly Earnings, We will not further reduce his weekly payment, as calculated above. If the result in Step 2 is greater than 100% of the Covered Person’s Pre-Disability Weekly Earnings, We will subtract the amount over 100% from his weekly payment, as calculated above. This is the amount We will pay the Covered Person each week. Other Income Benefits: 1. any temporary disability benefits he receives under Workers’ Compensation Law; 2. any benefits and awards he receives under: a. occupational disease Law; or b. any other similar Act or Law. 3. any Disability income benefits he receives under: a. any compulsory benefit act or Law; b. any other group insurance policy with the Employer or with an association; c. any other group insurance policy with another employer under which he becomes covered while he is Disabled under the Policy; or d. any governmental retirement system as the result of his job with his Employer. 2018-03-06 Agenda Packet Page 560 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 8 SCH-CA 4. any Disability benefits under the United States Social Security Act, The Canada Pension Plan, The Quebec Pension Plan, the Jones Act and any other similar plan or Act. Benefits include: a. Disability benefits he receives and any Disability benefits his Spouse or his children receive as a result of his Disability. b. retirement benefits he receives and any retirement benefits his Spouse or his children receive as a result of his receipt of retirement benefits. If the Covered Person’s Disability begins after his 70th birthday, and he was receiving Social Security retirement benefits before his Disability began, then We will not reduce Our payments to him by these retirement benefits. Pension Plan means a plan that provides retirement benefits and which is not wholly funded by Employee contributions. The term does not include a profit sharing plan, a thrift plan, an individual retirement account (IRA), a tax sheltered annuity plan (TSA), a stock ownership plan or a non-qualified plan of deferred compensation. 5. any benefits from the Employer’s Retirement Plan he: a. receives as disability benefits; b. voluntarily chooses to receive as retirement benefits; or c. receives as retirement benefits once he reaches the greater of age 62 or normal retirement age, as defined in his Employer’s Retirement Plan. Regardless of how the retirement funds from the plan are distributed, for the purposes of determining Our payment to the Covered Person, We consider Employee and Employer contributions to be distributed at the same time throughout the Covered Person’s lifetime. We will not reduce payments the Covered Person receives from Us for his contributions to the Employer’s Retirement Plan, or for amounts he rolls over or transfer to an eligible Retirement Plan. Disability benefits under a retirement plan are benefits that are paid due to disability and which do not reduce the retirement benefits which would have been paid if the disability had not occurred. Retirement benefits under a retirement plan are benefits that are paid based on the Covered Person’s Employer’s contribution to the retirement plan. Disability benefits that reduce the retirement benefits under the plan will also be considered a retirement benefit. Eligible retirement plan is defined in Section 402 of the Internal Revenue Code of 1986 and includes future amendments to Section 402 affecting the definition. 6. any benefits for loss of time or lost wages he receives from the mandatory portion of a no- fault motor vehicle insurance plan, or automobile liability insurance policy. 7. any amount he receives under any unemployment compensation Law. 2018-03-06 Agenda Packet Page 561 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 9 SCH-CA 8. any amounts he receives from a third party (after subtracting attorney’s fees) by judgment, settlement or otherwise that are awarded as a result of lost earnings. If the Covered Person receives any of the Other Income Benefits in a lump sum payment, We will pro-rate the lump sum on a weekly basis over the time period for which the sum was given. If no time period is stated, the sum will be pro-rated on a weekly basis to the end of the Covered Person’s Maximum Benefit Period. Other Income Benefits must be payable as a result of the same Disability for which the Covered Person is receiving a payment from Us, except for retirement benefits. We will NOT subtract from the Covered Person’s Gross Disability Payment any amounts he receives from the following sources: 1. 401(k) plans 2. profit sharing plans 3. thrift plans 4. tax sheltered annuities 5. stock ownership plans 6. non-qualified plans of deferred compensation 7. Pension Plans for partners 8. military pension and military disability income plans 9. credit disability insurance 10. franchise disability income plans 11. a Retirement plan from another employer 12. Individual Retirement Accounts (IRA) 13. benefits from individual disability plans 14. salary continuation or accumulated sick leave plans Disability During a Temporary Layoff or Approved Leave of Absence: If the Covered Person becomes Disabled while he is on a temporary layoff or approved leave of absence, We will calculate his benefit using his Pre-Disability Weekly Earnings from his Employer in effect just prior to the date his absence begins. Continuity Of Insurance Upon Transfer Of Insurance Carriers: In order to prevent loss of insurance for a Covered Person because of a transfer of insurance carriers, We will provide insurance for certain Employees as follows: Employees who are not Actively at Work due to Disability: We will insure the Employee under the Policy if the prior group insurance policy insured him and the cost of his insurance under the prior group insurance policy was paid. Our payments to the Employee will be limited to the lesser of the weekly payment under this Policy or the weekly payment the prior group insurance policy would have paid him, had that policy stayed in effect. Our payments will be reduced by any amount the prior group insurance policy is responsible for paying. 2018-03-06 Agenda Packet Page 562 SHORT TERM DISABILITY INSURANCE FOR COVERED PERSON (continued) UHCD-CERT-CA 10 SCH-CA General Limitations: Recurrent Disability: If the Covered Person’s current Disability is due to the same or related medical causes as a prior Disability for which We made a payment, We will treat the current Disability as part of his prior claim if less than 14 consecutive days have passed since the prior Disability. The current Disability will be subject to the same terms of the Policy as the prior claim and will be treated as a continuation of that Disability, except the Covered Person will not be required to satisfy another Elimination Period. Any Disability which occurs after 14 consecutive days from the date his prior claim ended will be treated as a new claim. The new claim will be subject to all of the provisions of the Policy, including the Elimination Period. Multiple Causes: If a period of Disability is extended by a new, unrelated cause while benefits are payable, benefits will continue while the Covered Person remains Disabled, subject to the following: 1. benefits will not continue beyond the end of the original Maximum Benefit Period; and 2. any Exclusions will apply to the new cause of Disability. Concurrent Disabilities: Benefits for a Disability that is caused by more than one condition will be paid as if the Disability were caused by one condition. In no event will You be considered to have more than one Disability at the same time. Termination of Benefits: We will stop sending the Covered Person payments and his claim will end on the earliest of: 1. the date he is no longer Disabled according to the terms of the Policy; 2. the date he reaches the end of the Maximum Benefit Period as stated in the Schedule of Benefits; 3. the date he dies. General Exclusions: We will not cover a Disability under the Policy if it is due to: 1. an act of war, declared or undeclared, whether civil or international; 2. intentionally self-inflicted injuries; 3. active participation in a riot; 4. committing or attempting to commit a felony; 5. cosmetic or elective surgery. If a Covered Person becomes entitled to benefits under any other Group Short Term Disability policy, he will not be eligible for payments under the Policy. 2018-03-06 Agenda Packet Page 563 LUMP SUM SURVIVOR INCOME BENEFIT UNDER THE SHORT TERM DISBILITY UHCD-CERT-CA 11 LUMPSUM- STD-CA When We receive proof that the Covered Person died, We will pay his spouse, if living, otherwise, his children under age 26 a lump sum benefit equal to 3 weeks of the Covered Person’s weekly Gross Disability Payment but not to exceed $3,000. Gross Disability Payment means: the payment amount before We subtract Other Income Benefits and Disability Earnings. Disability Earnings mean: the earnings which the Covered Person receives while Partially Disabled. Fluctuation of Disability Earnings: If the Covered Person’s Disability Earnings fluctuate, We may average his Disability Earnings over the most recent 3 months to determine if his claim should continue subject to all other terms and conditions in the Policy. If We average his Disability Earnings, We will not terminate his claim unless the average of his Disability Earnings from the last 3 months exceeds 80% of his Indexed Pre-Disability Monthly Earnings. We will not pay the Covered Person for any month during which Disability Earnings exceed the amount allowable under the Policy. Other Income Benefits: Please see definition on pages 7 and 8. The Lump Sum Survivor Benefit will be paid if, on the date of the Covered Person’s death: 1. his Disability had continued for at least 15 consecutive days; and 2. he was receiving or was entitled to receive a weekly payment under the Policy. If the Covered Person has no living spouse or children, payment will be made to his estate. However, We will first apply the survivor benefit to any overpayment which may exist on his claim. 2018-03-06 Agenda Packet Page 564 CERTIFICATE GENERAL PROVISIONS UHCD-CERT-CA 12 GEN-CA Entire Group Contract; Changes: This Policy, the application of the Policyholder, if any, and the individual applications, if any, of the employees, constitute(s) the entire contract between the parties, and any statement made by the Policyholder, or by any employee shall, in the absence of fraud, be deemed a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits under the Policy or be used in defense to a claim hereunder unless it is contained in a written application, nor shall any such statement of the Policyholder, except a fraudulent misstatement, be used at all to void the Policy after it has been in force for three years from the date of its issue, nor shall any such statement of any employee eligible for coverage under the Policy, except a fraudulent misstatement, be used at all in defense to a claim for loss incurred or Disability commencing after the insurance coverage with respect to which claim is made has been in effect for three years from the date it became effective. No change in the Policy shall be valid unless approved by an executive officer of Ours and unless such approval be endorsed thereon or attached hereto. No agent has authority to change the Policy or to waive any of its provisions. Time Limit on Certain Defenses: No claim for loss incurred or Disability commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period: A grace period of 60 days from the Premium Due Date will be granted for the payment of premiums accruing after the first premium, during which grace period, the Policy will continue in force, but he Policyholder shall be liable for the payment of the premium accruing for the period the Policy continues in force. Notice of Claim: Written notice of claim must be given to Us within 20 days after the occurrence or commencement of any loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to Us at the administrative address shown on the face page of this Certificate, or to any authorized agent of Ours, with information sufficient to identify the insured employee (i.e. Name, the Policyholder’s name and the Policy number) shall be deemed notice to Us. Claim Forms: We, upon receipt of a written notice of claim, will furnish to the claimant such forms as are usually furnished by Us for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice, the clamant shall be deemed to have complied with the requirements of this Policy as to proof of loss upon submitting, within the time fixed in the Policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made. Proofs of Loss: Written proof of loss must be furnished to Us, in case of claim for loss for which this Policy provides any periodic payment contingent upon continuing loss, within 90 days after the termination of the date the Elimination Period ends, and in case of claim for any other loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year from the time proof is otherwise required. Time of Payment of Claim: Indemnities payable under the Policy for any loss other than loss for which this Policy provides periodic payments will be paid as they accrue immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for loss for which this Policy provides periodic payment will be paid to the insured employee weekly and any balance remaining unpaid upon the termination of the period of liability will be paid immediately upon receipt of due written proof. 2018-03-06 Agenda Packet Page 565 CERTIFICATE GENERAL PROVISIONS (continued) UHCD-CERT-CA 13 GEN-CA Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to Your estate. Any other accrued indemnities unpaid at Your death may, at Our option, be paid either to such beneficiary or to such estate. All other indemnities will be payable to You. If any indemnity of this Policy shall be payable to the estate of the insured employee, or to an insured employee or beneficiary who is a minor or otherwise not competent to give a valid release, We may pay such indemnity up to an amount not exceeding $1,000 to any relative by blood or connection by marriage of the insured employee or beneficiary who is deemed by Us to be equitably entitled thereto. Any payment made by Us in good faith pursuant to this provision shall fully discharge Us to the extent of such payment. Physical Examination and Autopsy: We, at Our own expense, shall have the right and opportunity to examine the person of any individual whose condition is the basis of claim when and as often as We may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by law. Legal Actions: No action at law or in equity shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this Policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished. Misstatement of Age: If the age of any individual covered under this Policy has been misstated, the amount payable shall be such as the premium paid for would have purchased at the correct age. Cancellation: After the Policy has been in force for 12 months, We may cancel this Policy at any time by written notice delivered to the Policyholder, or mailed to its last address as shown on Our records, stating when, not less than 31 days thereafter, such cancellation shall be effective; and the Policyholder may cancel this Policy at any time by written notice delivered or mailed to Us, effective on receipt or on such later date as may be specified in the notice. In the event of such cancellation by either Us or the Policyholder, We shall promptly return on a pro-rata basis the unearned premium paid, if any, and the Policyholder shall promptly pay on a prorate basis the earned premium which has not been paid. Such cancellation shall be without prejudice to any claim originating prior to the effective date of such cancellation. We may also cancel a portion of the risk insured under the Policy on a class basis, such as termination of all persons within the same Enrolling Group, or same geographic, occupational, or eligibility class. In addition, We may cancel or modify the Policy, or an insurance option offered under the Policy if: a) the number of persons covered under the Policy falls below 75% or; b) the number of persons covered in an option falls below the lesser of 10 eligible persons or 25% of all persons eligible for the coverage . Such cancellation shall be in accordance with the preceding paragraph. Conformity with State Statutes: Any provision of the Policy which, on it effective date, is in conflict with the statutes of the state in which the Policy was delivered or issued for delivery is hereby amended to conform to the minimum requirements of such statute. Right to Audit: While We are paying benefits, We have the right to audit Your earnings at reasonable intervals if You are Disabled and working. Overpayment of Claim: We have the right to recover any overpayments due to: 1. any error We make in processing a claim; and 2. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. 2018-03-06 Agenda Packet Page 566 GLOSSARY OF TERMS UHCD-CERT-CA 14 GLOSSARY- CA The male pronoun, whenever used in the Policy, includes the female. Active Work or Actively at Work: The Covered Person is working at least the minimum number of hours per week in an Eligible Class, as shown in the Schedule of Benefits. Unless Disabled on the prior workday or on the day of absence, a Covered Person will be considered Actively at Work on the following days: 1. a Saturday, Sunday or holiday which is not a scheduled workday; 2. a paid vacation day, or other scheduled or unscheduled non-workday; or 3. an excused or emergency leave of absence (except medical leave. Contributory or Non-Contributory Insurance: Contributory Insurance is insurance for which the Covered Person must apply and agree to make the required premium contributions. Non- Contributory Insurance is insurance for which the Covered Person does not have to make any premium contributions. Covered Person: The Employee/Member insured under the Policy. References to “Covered Person”, “Covered Persons” and “Covered Person’s” throughout this Certificate are references to a Covered Person. Disabled or Disability: Total Disability or Partial Disability as those terms are defined in the Disability Benefit Provisions. Employee/Member: A person who is: 1. directly employed in the normal business of the Policyholder; and 2. paid for services by the Policyholder; and 3. Actively at Work for the Policyholder, or any subsidiary or affiliate insured under the Policy. No director or officer of an Policyholder will be considered an Employee unless he meets the above conditions. Employer: The Policyholder and includes any division, subsidiary, or affiliated company named in the Policy. Employer does not include Employers of other related areas of practice for which the Covered Person may also work. Hospital or Medical Facility: A legally operated, accredited facility licensed to provide full-time care and treatment for the condition for which benefits are payable under the Policy. It is operated by a full-time staff of licensed physicians and registered nurses. It does not include facilities that primarily provide custodial, education or rehabilitative care, or long-term institutional care on a residential basis. Physician: A practitioner of the healing arts who is: 1. duly licensed and practicing in the United States and in the state in which the treatment is received; and 2. practicing within the scope of that license. The term Physician does not include the Covered Person, the Covered Person’s spouse, children, parents, parents-in-law, or siblings. 2018-03-06 Agenda Packet Page 567 UHI-CA-NOTICE 15 California Consumer Complaint Notice If the Covered Person has any questions or problems with their coverage, We will be ready to help. Our contact information is: UnitedHealthcare Insurance Company A Stock Company Administrative Offices: 9900 Bren Road East, Minnetonka, MN 55343 1-888-299-2070 The Covered Person may also call the California Department of Insurance for assistance. However, We ask that the Covered Person gives Us the opportunity to try to resolve the problem. Please, call us first. If, We fail to help, the Covered Person may still ask the California Department of Insurance for assistance. Their contact information is: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, California 90013 1-800-927-HELP (1-800-927-4357) http://www.insurance.ca.gov/01-consumers/ 2018-03-06 Agenda Packet Page 568 CERTIFICATE MODIFICATIONS RIDER UHCL-AMEND Printed in U.S.A. Rev. 03/17 Certificate Modification(s) to the Certificate Policyholder: City of Chula Vista Policy Number: 305255 It is agreed that the Certificate is amended as follows: Effective January 1, 2018, with respect to residents of the states as shown on the subsequent pages, the following provisions amend, replace or are added, when applicable, to the Certificate: Signed for the Company by: Secretary President UnitedHealthcare Insurance Company Hartford, Connecticut 2018-03-06 Agenda Packet Page 569 UHCL-AMEND Printed in U.S.A. (01/2017) STATUTORY PROVISIONS ALASKA Residents of the state of Alaska, the following provisions are included to bring your Certificate into conformity with Alaska state law: Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section, it is hereby deleted in its entirety. Overpayment of Claim The Overpayment of Claim section as contained in the Certificate is hereby changed to read as follows: Overpayment of Claim: Within 180 days of payment of a benefit, We have the right to recover any overpayments due to: 1. fraud; 2. any error We make in processing a claim; and 3. the Covered Person’s receipt of Other Income Benefits. The Covered Person must reimburse Us in full. We will determine the method by which the repayment is to be made. We have the right to recover overpayment from the Covered Person’s Spouse if living, otherwise child under the age 26 or estate. ARKANSAS Residents of the state of Arkansas, the following provision is included to bring your Certificate into conformity with Arkansas state law: Insurer Information Notice Any questions regarding the Policy may be directed to: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 1-866-615-8727 If the question is not resolved, you may contact the Arkansas Insurance Department: Arkansas Insurance Department Consumer Services Division 400 University Tower Building Little Rock, Arkansas 77204 Telephone: 1-800-852-5494 2018-03-06 Agenda Packet Page 570 UHCL-AMEND Printed in U.S.A. (01/2017) MINNESOTA Minnesota has determined that its statutory requirements apply to Minnesota residence when non-Minnesota sitused Employers have 25 or more Employees residing in Minnesota. Any questions regarding these statutory requirements may be directed in writing to: UnitedHealthcare Specialty Benefits Contract Services Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 MONTANA Residents of the state of Montana, the following provision is included to bring your Certificate into conformity with Montana state law: Conformity with Montana Statutes: For Montana residents, the provisions of this Policy are intended to conform to the minimum requirements of Montana law. If any provision of the Policy conflicts with any Montana statutes, the provision will be deemed to conform to the minimum requirements of the Montana law. Discretionary Authority When a Discretionary Authority provision is shown in the CERTIFICATE GENERAL PROVISIONS section it is hereby deleted in its entirety. Disability Pre-Existing Exclusion Any applicable Pre-Existing exclusion will not be applied to any disability that begins more than 12 months after the Covered Person’s Effective Date of insurance. NEW HAMPSHIRE Residents of the state of New Hampshire, the following provision is included to bring your Certificate into conformity with New Hampshire state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate of Coverage is modified to include the following: Failure to furnish such proof of claim within the Certificate of Coverage stated time limit will not invalidate nor reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as it was reasonably possible. Discretionary Authority When a Discretionary Authority provision is shown in the Certificate of Coverage GENERAL PROVISIONS section it is hereby deleted in its entirety. 2018-03-06 Agenda Packet Page 571 UHCL-AMEND Printed in U.S.A. (01/2017) NORTH CAROLINA Residents of the state of North Carolina, the following provision is included to bring your Certificate into conformity with North Carolina state law: Proof of Claim The provision(s) entitled Proof of Claim as contained in the Certificate is modified as follows: Written proof of claim must be filed within 180 days of the loss. However, if it is not possible to give proof within 180 days, it must be given no later than one year after the time proof is otherwise required, except in the absence of legal capacity. Occupational Injury or Sickness Exclusion Any exclusion that applies to an Occupational Injury or Sickness is hereby replaced by the following: An Occupational Injury or Sickness for treatments which are paid under the North Carolina Worker’s Compensation Act only to extent such services or supplies are the liability of the employee, employer or workers’ compensation insurance carrier according to a final adjudication under the North Carolina Workers’ Compensation Act or an order of the North Carolina Industrial Commission approving a settlement agreement under the North Carolina Workers’ Compensation Act. NORTH DAKOTA Residents of the state of North Dakota, the following provision is included to bring your Certificate into conformity with North Dakota state law: 20 Day Right to Examine Certificate: There is a 20 day right to review this Certificate. If You decide not to keep it, it may be returned to Us within 20 days of the original Certificate Effective Date. In that event, We will consider it void from the Certificate Effective Date and refund all premium paid. Any claims paid during the initial 20 day period will be deducted from the refund. OKLAHOMA Residents of the state of Oklahoma, the following provision is included to bring your Certificate into conformity with Oklahoma state law: Certificates delivered to residents of state of Oklahoma are subject to Oklahoma laws. Incontestability The Incontestability provision shown in the Certificate GENERAL PROVISIONS section is replaced by the following: Incontestability: We may not contest the validity of the Policy, except for the non-payment of premiums, after it has been in force for two years from its date of issue. No statement made by any Covered Person relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two years during such person’s lifetime, unless it is contained in a written instrument signed by him. This clause will not affect Our right to contest claims made for accidental death or accidental dismemberment benefits. TEXAS Residents of the state of Texas, the following provision is included to bring your Certificate into conformity with Texas state law: Incontestability The Incontestability provision under the CERTIFICATE GENERAL PROVISIONS section, is amended to remove the phrase “or fraudulent misrepresentations” from the first sentence. 2018-03-06 Agenda Packet Page 572 UHCL-AMEND Printed in U.S.A. (01/2017) TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call UnitedHealthcare Insurance Company’s toll-free telephone number for information or to make a complaint at 1-866-615-8727 You may also write to UnitedHealthcare Insurance Company at: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX #(512) 490-1007 Web: http://www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form No. AA-2068 (Rev. 6/15) AVISO IMPORTANTE Para obtener información o para presentar una queja: Usted puede llamar al número de teléfono gratuito de UnitedHealthcare Insurance Company's para obtener información o para presentar una queja al: 1-866-615-8727 Usted también puede escribir a UnitedHealthcare Insurance Company: UnitedHealthcare Insurance Company Administrative Offices 9900 Bren Road East Minnetonka, MN 55343 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener información sobre compañías, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamación, usted debe comunicarse con (el agente) (la compañía) (el agente o la compañía) primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU PÓLIZA: Este aviso es solamente para propósitos informativos y no se convierte en parte o en condición del documento adjunto. ACN-TX-MP (8/95) 2018-03-06 Agenda Packet Page 573 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE ● Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. ● Amounts of Coverage The basic coverage protections provided by the Association are as follows. ● Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: ● Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 ● Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. ● Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org 2018-03-06 Agenda Packet Page 574 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: ● A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract ● A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society ● If the person is provided coverage by the guaranty association of another state ● Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual ● Employer and association plans, to the extent they are self-funded or uninsured ● A policy or contract providing any health care benefits under Medicare Part C or Part D ● An annuity issued by an organization that is only licensed to issue charitable gift annuities ● Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract ● Any policy of reinsurance unless an assumption certificate was issued ● Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance Guarantee Association California Department of Insurance Consumer Communications Bureau P.O Box 16860, Beverly Hills, CA 90209-3319 300 South Spring Street Los Angeles, CA 90013 (323) 782-0182 (800) 927- 4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2018-03-06 Agenda Packet Page 575 2018-03-06 Agenda Packet Page 576 City of Chula Vista Staff Report File#:18-0101, Item#: 13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 Property: Assessors Parcel Number (APN) 643-06-57-00 Agency Negotiators:Gary Halbert and Eric Crockett Negotiating Parties: City of Chula Vista and Chesnut Properties Under Negotiation: Price and Terms of Payment for Acquisition and Leaseback City of Chula Vista Printed on 3/1/2018Page 1 of 1 powered by Legistar™2018-03-06 Agenda Packet Page 577