HomeMy WebLinkAboutAgenda Packet 2019_04_09 5pmApril 9, 2019City Council Agenda
PRESENTATION OF A PROCLAMATION PROCLAIMING
APRIL 9, 2019 SAN YSIDRO HEALTH DAY IN THE CITY OF
CHULA VISTA IN CELEBRATION OF ITS 50TH
ANNIVERSARY
19-0118D.19-0118
PRESENTATION OF A PROCLAMATION PROCLAIMING
APRIL AS ARTS, CULTURE, AND CREATIVITY MONTH IN
THE CITY OF CHULA VISTA
19-0196E.19-0196
CONSENT CALENDAR (Items 1 - 7)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out a “Request
to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items
pulled from the Consent Calendar will be discussed immediately following the Consent
Calendar.
APPROVAL OF MINUTES of November 27 and 28, 2019.19-02141.19-0214
Council approve the minutes. Recommended Action:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL
CODE (CVMC) TO CLARIFY PROVISIONS REGARDING
ILLEGAL COMMERCIAL CANNABIS CONDUCT AND
PENALTIES, INCLUDING CVMC SECTIONS 1.04.010,
DEFINITION OF RESPONSIBLE PARTY, 1.41.110, CIVIL
PENALTIES, 5.19.020, DEFINITIONS, AND 5.19.280,
ENFORCEMENT AND PENALTIES (SECOND READING
AND ADOPTION)
19-01992.19-0199
City Attorney 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.
Notwithstanding the foregoing, the activity qualifies for an exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act
State Guidelines.
Environmental Notice:
Council adopt the ordinance. Recommended Action:
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April 9, 2019City Council Agenda
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE
(ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL
BUILDING CODES) TO COMPLY WITH STATE LAW
(SECOND READING AND ADOPTION)
19-02003.19-0200
Community 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. Recommended Action:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.60, LOST
AND STOLEN PROPERTY, TO CHANGE THE TITLE,
MINIMUM HOLDING PERIOD AND TO MAKE OTHER
UPDATES (FIRST READING)
19-01194.19-0119
Community Services Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 15060(c)(3) no environmental review is required.
Environmental Notice:
Council place the ordinance on first reading. Recommended Action:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING CITY COUNCIL POLICY 505-
04 (STATEMENT OF GOALS AND POLICIES REGARDING
ESTABLISHMENT OF COMMUNITY FACILITIES
DISTRICTS)
B. ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTERS 3.60 AND 3.61 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO COMMUNITY FACILITIES
DISTRICTS GENERALLY AND THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT (FIRST READING)
19-01205.19-0120
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 resolution and place the ordinance on first reading. Recommended Action:
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April 9, 2019City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT FOR ADMINISTRATION OF TAXICAB
AND OTHER FOR-HIRE REGULATIONS BETWEEN THE
SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE
CITY OF CHULA VISTA
19-01736.19-0173
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. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
C HULA VISTA APPROVING UPDATED DESIGN
STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN
THE CITY’S RIGHT-OF-WAY AND DELEGATING
AUTHORITY TO APPROVE FUTURE DESIGN
STANDARDS TO THE CITY MANAGER OR DESIGNEE
19-01747.19-0174
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.
Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act
State Guidelines.
Environmental Notice:
Council adopt the resolution. Recommended Action:
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.
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
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April 9, 2019City Council Agenda
COUNCILMEMBER GALVEZ:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING TALL SHIP BILL OF RIGHTS
THE OFFICIAL TALL SHIP OF THE CITY OF CHULA VISTA
AND AUTHORIZING IT TO FLY THE CITY’S FLAG ON ITS
MAST
19-02108.19-0210
Council adopt the resolution. Recommended Action:
CITY ATTORNEY'S REPORTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council meeting at the City Attorney’s office in accordance with the
Ralph M. Brown Act (Government Code 54957.7).
CONFERENCE WITH LEGAL COUNSEL REGARDING
EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9 (d)(1)
Name of case: Leilani Kaloha v. City of Chula Vista, San
Diego Superior Court, Case No. 37-2018-00004635
-CU-PO-CTL.
This item was continued from the March 26, 2019 meeting.
19-01849.19-0184
ADJOURNMENT
to the regular City Council meeting on April 16, 2019, 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.
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April 9, 2019City Council Agenda
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.
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City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, November 27, 2018
SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALL TO ORDER
A joint special meeting of the Housing Authority and regular meeting of the City Council of the City of
Chula Vista, was called to order at 5:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember 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
Deputy Mayor Diaz led the Pledge of Allegiance.
Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50
for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council
meeting.
SPECIAL ORDERS OF THE DAY
A.18-0455 PRESENTATION ON SAN DIEGO COUNTY REGIONAL AIRPORT
AUTHORITY (SDCRAA) UPDATES BY BOARD MEMBER AND
IMPERIAL BEACH MAYOR PRO TEM MARK WEST
Imperial Beach Mayor Pro Tem Mark West and Brendan Reed, representing SDCRAA, gave a
presentation on the item.
B.18-0546 PRESENTATION AND SPECIAL RECOGNITION OF EASTLAKE
CHURCH FOR THEIR “I HEART CHULA VISTA” COMMUNITY SERVICE
WEEKEND IN THE CITY OF CHULA VISTA
Public Works Director Quilantan recognized Eastlake Church and Linda Rankin, representing the church,
gave a presentation on the item.
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November 27, 2018City Council Meeting Minutes - Draft
CONSENT CALENDAR (Items 1 - 6)
Items 2 and 3 were removed from the Consent Calendar at the request of members of the public.
1.18-0537 ORDINANCE NO. 3445 OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT REGULATIONS (CHAPTER 3 - DEVELOPMENT CODE) FOR
THE UNIVERSITY INNOVATION DISTRICT (SECOND READING AND
ADOPTION)
Recommended Action: Council adopt the ordinance.
Items 2 and 3 were removed from the Consent Calendar.
4.18-0436 A. RESOLUTION NO. 2018-229 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF ELECTRIC
VEHICLES FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE
WITH SOURCEWELL CONTRACT NUMBER 120716-NAF THROUGH
THE CLIMATE MAYORS ELECTRIC VEHICLE PURCHASING
PROGRAM IN AN AMOUNT NOT-TO-EXCEED TWO MILLION DOLLARS
($2,000,000) THROUGH THE TERM OF THE CONTRACT (JANUARY
2021)
B. RESOLUTION NO. 2018-230 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF HEAVY-DUTY
AND SPECIALIZED VEHICLES FROM NATIONAL AUTO FLEET
GROUP IN ACCORDANCE WITH SOURCEWELL CONTRACT NUMBER
081716-NAF IN AN AMOUNT NOT-TO-EXCEED FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS ($4,500,000) THROUGH THE TERM
OF THE CONTRACT (NOVEMBER 2020)
C. RESOLUTION NO. 2018-231 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A 2-YEAR LEASE PURCHASE
AGREEMENT WITH NATIONAL COOPERATIVE LEASING IN
ACCORDANCE WITH SOURCEWELL CONTRACT NUMBER 032615
-NCL FOR THE ACQUISITION OF THIRTY-FOUR (34) ELECTRIC
VEHICLES AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE FINAL PURCHASE AND LEASE
AGREEMENT
Recommended Action: Council adopt the resolutions.
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November 27, 2018City Council Meeting Minutes - Draft
5.18-0514 RESOLUTION NO. 2018-008 OF THE CHULA VISTA HOUSING
AUTHORITY APPROVING THE ISSUANCE OF TAX-EXEMPT REVENUE
BONDS BY CMFA IN A PRINCIPAL AMOUNT OF UP TO $50,000,000 TO
BE USED TO FINANCE THE ACQUISITION, REHABILITATION,
IMPROVEMENT AND EQUIPPING OF A 271-UNIT MULTIFAMILY
RENTAL HOUSING DEVELOPMENT, LOCATED AT 1325 SANTA RITA
EAST AND 1392 EAST PALOMAR STREET, CHULA VISTA,
CALIFORNIA
Recommended Action: Authority adopt the resolution.
6.18-0529 INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30,
2018
Recommended Action: Council receive the report.
Approval of the Consent Calendar
A motion was made by Councilmember McCann, seconded by Deputy Mayor
Diaz, to approve staff's recommendations on the above Consent Calendar items,
headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
2.18-0536 ORDINANCE NO. 3446 OF THE CITY OF CHULA VISTA AMENDING
SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 5.19
REGARDING COMMERCIAL CANNABIS (SECOND READING AND
ADOPTION)
Theresa Acerro, Chula Vista resident, spoke in opposition to staff's recommendation and suggested
revisions to the proposed ordinance.
Staff answered questions of the Council.
A motion was made by Councilmember Padilla, seconded by Deputy Mayor Diaz,
to adopt Ordinance No. 3446, heading read, text waived. The motion carried by
the following vote:
ACTION:
Yes:Aguilar, Diaz, Padilla and Casillas Salas4 -
No:McCann1 -
Abstain:0
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3.18-0538 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER
5.66 OF THE CHULA VISTA MUNICIPAL CODE, WHICH IMPOSED A
TOTAL BAN ON COMMERCIAL MARIJUANA ACTIVITY, CONDITIONED
UPON EFFECTIVENESS OF CITY'S ORDINANCE BANNING
UNLICENSED COMMERCIAL CANNABIS ACTIVITY AS PROVIDED IN
CHAPTER 5.19 OF THE CHULA VISTA MUNICIPAL CODE (FIRST
READING)
The following members of the public spoke in opposition to staff's recommendation on the item:
- Theresa Acerro, Chula Vista resident
- Becky Brundage
- Kelly McCormick
A motion was made by Mayor Casillas Salas, seconded by Councilmember
Padilla, that the above ordinance be placed on first reading, heading read, text
waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, Padilla and Casillas Salas4 -
No:McCann1 -
Abstain:0
PUBLIC COMMENTS
Ken Sobel, San Diego resident, spoke regarding Measure Q and cannabis regulations.
PUBLIC HEARINGS
7.18-0464 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE, SECTION 19.58.022 (ACCESSORY
DWELLING UNITS); CHAPTER 19.26 (ONE- AND TWO-FAMILY
RESIDENCE ZONE); AND CHAPTER 19.28 (APARTMENT
RESIDENTIAL ZONE); WITH REGARD TO ACCESSORY DWELLING
UNITS (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.
Mayor Casillas Salas opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
Development Services Director Broughton responded to comments and questions of the Council.
A motion was made by Councilmember Aguilar, seconded by Councilmember
McCann, that the above ordinance be placed on first reading, heading read, text
waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
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8.18-0516 RESOLUTION NO. 2018-232 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE OTAY RANCH PHASE 2 RESOURCE
MANAGEMENT PLAN UPDATE WHICH WILL BRING THE DOCUMENT
UP-TO-DATE WITH CURRENT OTAY RANCH PRESERVE
MANAGEMENT STRUCTURE AND ANNUAL OPERATING BUDGET,
OWNERSHIP, AND BIOLOGICAL MONITORING AND MANAGEMENT
REQUIREMENTS
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.
Staff answered questions of the Council.
Mayor Casillas Salas opened the public hearing.
Stephen Haase, representing Baldwin & Sons, submitted written documentation in support of staff's
recommendation and declined to speak.
Mayor Casillas Salas closed the public hearing.
A motion was made by Councilmember McCann, seconded by Councilmember
Padilla, that Resolution No. 2018-232 be adopted, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
9.18-0535 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING THE APPEAL BY ROD BISHARAT AND AFFIRMING THE
PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT
DR15-0037 AND CONDITIONAL USE PERMIT CUP15-0023 TO
CONSTRUCT A 2,380 SQUARE-FOOT AUTOMATED CARWASH
BUILDING WITH VACUUM STATIONS ON A 0.55 ACRE SITE LOCATED
AT 495 TELEGRAPH CANYON ROAD, SUBJECT TO THE CONDITIONS
CONTAINED IN THE RESOLUTION
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
City Attorney Googins explained the procedure for hearing the item and requested Council report any ex
parte communications.
The Council reported the following ex parte communications:
-Mayor Casillas Salas reported meeting with Rod Bisharat and Judy Wilson, project appellants, in her
office on September 12, 2018.
-Councilmember McCann stated he had not met with individuals in support of or in opposition to the
project. He stated he visited and looked around the project site.
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November 27, 2018City Council Meeting Minutes - Draft
-Deputy Mayor Diaz stated he had several meetings regarding the project. He met at the carwash with Mr.
Moot to discuss the project and related noise and traffic concerns on March 21, 2018, and had
communicated with Mr. Moot by email over the last week. He met with Mr. Watry on March 14, 2018. He
met with Ms. Wilson regarding the impacts the project would have on her standard of living. He spoke with
Mr. Moot by phone on November 27, 2018.
-Councilmember Padilla stated he attended an on-site meeting with Mr. Moot, representing the appellant,
around October 5, 2018, at which Mr. Moot had shown him the site characteristics and dynamics regarding
traffic impacts, potential traffic impacts, and traffic flow. He communicated by telephone with Mr. Moot on
November 16, 2018, regarding Mr. Moot's desire for better communication with staff and Mr. Moot's
concern regarding the timing of the scheduling of the hearing. Councilmember Padilla stated he
communicated with Mr. Moot by phone on November 20, 2018, regarding the content of a meeting Mr.
Moot had with staff and Mr. Moot’s efforts to convey to staff that he believed a traffic study was needed.
Councilmember Padilla also stated he had received written communications from Mr. Moot, Mr. Watry, and
others, which had been added to the record.
-Councilmember Aguilar stated she communicated with the applicant, appellant, and their respective
representatives on several occasions. She also stated she communicated with Judy Wilson and Peter
Watry over the last six months.
Associate Planner Young gave a presentation on the item.
Principal Planner Power, Development Services Director Broughton, Deputy City Attorney Shirey, project
applicant Neil Capin, and property owner Don Chrislock answered questions of the Council.
Mayor Casillas Salas opened the public hearing.
The applicant, represented by the following individuals, gave a presentation in support of the project and
answered questions of the Council: Gene Cipparone, Neil Capin, Justin Schlaefli, and Don Chrislock.
John Moot and Justin Rasas, representing appellant Rod Bisharat, gave a presentation in opposition to the
project and requested an independent traffic study be conducted.
The following members of the public spoke in opposition to staff's recommendation:
-Peter Watry, Chula Vista resident
-Judy Wilson, Chula Vista resident
-Reem Totry, Jamul resident
Tina Torres, Chula Vista resident, submitted written documentation in opposition to staff's
recommendation and did not wish to speak.
Justin Schlaefli and Neil Capin, representing the applicant, offered a rebuttal to the appellant's
presentation.
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
Staff and representatives of the applicant and appellant answered questions of the Council.
John Moot, representing the appellant, answered questions of the Council and spoke in support of a
formal traffic study being conducted.
Mayor Casillas Salas re-opened the public hearing.
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Justin Schlaefli and Gene Cipparone, responded to statements made by John Moot regarding the
necessity of a formal traffic study.
Mayor Casillas Salas closed the public hearing.
Council discussion ensued.
Councilmember McCann made a motion to approve the resolution.
Mayor Casillas Salas offered a substitute motion to continue the item to allow for a comprehensive traffic
analysis with review by Caltrans. The substitute motion was not accepted.
A motion was made by Councilmember McCann, seconded by Deputy Mayor
Diaz, to approve the resolution. The motion failed by the following vote:
ACTION:
Yes:Diaz and McCann2 -
No:Aguilar, Padilla and Casillas Salas3 -
Abstain:0
Council discussion continued.
A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to direct staff to submit the existing traffic analysis for the project, along
with additional traffic analysis the applicant may provide, to Caltrans for its
review and clarification of its opinion on the matter, and to continue the item to
January 22, 2019. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
CITY MANAGER’S REPORTS
10.18-0549 REPORT ON THE REALIGNMENT OF THE UNITED TECHNOLOGY
AEROSPACE SYSTEMS BUSINESS UNIT IN CHULA VISTA
Assistant City Manager Kachadoorian announced that a memorandum on the item had been provided to
the Council and Councilmember Aguilar spoke regarding the item.
MAYOR’S REPORTS
At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to a future
agenda to consider endorsing the 7th Annual International Mariachi Festival at Bayside Park.
Mayor Casillas Salas stated the City's Instagram account would be hosted for a day by internationally
known Chef Marcela Valladolid from Chula Vista.
COUNCILMEMBERS’ COMMENTS
Councilmember McCann recognized individuals affected by the fires in northern California. He reported on
his attendance at a ribbon cutting event for Big Block Real Estate at Eastlake and expressed gratitude to
the Salvation Army for serving meals on Thanksgiving.
Councilmember Aguilar spoke regarding the upcoming Starlight Parade & Children's Faire.
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CITY ATTORNEY'S REPORTS
There were none.
CLOSED SESSION
Micki Bursalyan, representing SEIU 221, spoke regarding Item 11 and the Mid-Managers/Professional
Association/Service Employees International Union negotiations.
City Attorney Googins announced that the Council would convene in closed session to discuss Item 11,
listed below, and that the agency-designated representatives had been amended to remove Gary Halbert
and include Maria Kachadoorian.
Mayor Casillas Salas recessed the meeting at 9:17 p.m. The Council reconvened in closed session at
9:22 p.m. with all members present.
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of
action taken during Closed Sessions are maintained by the City Attorney.
11.18-0548 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives:
Gary Halbert, Glen Googins, Kelley Bacon, David Bilby, Courtney Chase,
Ed Prendell and Simon Silva
Employee organization(s): Mid-Managers/Professional Association/
Service Employees International Union, Local 221 (MM/PROF/SEIU)
There was no reportable action.ACTION:
ADJOURNMENT
At 9:53 p.m., the meeting was adjourned to a special City Council meeting on November 28, 2018, at 3:00
p.m. in the Executive Conference Room; and thence to the Regular City Council Meeting on December 11,
2018 at 5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Meeting Minutes - Draft
3:00 PM City Hall - Executive Conference Room
276 4th Avenue, Building A
Chula Vista, CA 91910
Wednesday, November 28, 2018
SPECIAL MEETING OF THE CITY COUNCIL
CALL TO ORDER
A special meeting of the City Council of the City of Chula Vista, was called to order at 3:04 p.m. in the
Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Larrarte
ACTION ITEMS
1.18-0541 A. INTERVIEWS AND CONSIDERATION OF APPOINTMENT TO FILL
THE CURRENT VACANCY ON THE PLANNING COMMISSION
(AT-LARGE SEAT)
On November 13, 2018, the following individuals received two or more
nominations to be interviewed for this vacancy: Michael De La Rosa,
Delfina Gonzalez, Gregory Hall, Jorge Patrick Macfarland, Jim Trotter, and
Monika Tuncbilek
B. INTERVIEWS AND CONSIDERATION OF APPOINTMENT TO FILL
THE CURRENT VACANCY ON THE MEASURE P CITIZENS'
OVERSIGHT COMMITTEE (AT-LARGE DISTRICT 1 SEAT)
On November 13, 2018, the following individuals received two or more
nominations to be interviewed for this vacancy: Becky Cortez, Jennifer
Ficacci, Hector Martinez, and Greg Martinez
There were no members of the public who requested to speak regarding the item. The Council discussed
the questions that would be asked of each applicant. The Council conducted the interviews.
Mayor Casillas Salas recessed the meeting at 3:55 p.m. The Council reconvened at 4:12 p.m., with all
members present.
There were no members of the public who wished to speak following the interviews.
.
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November 28, 2018City Council Meeting Minutes - Draft
A motion was made by Councilmember McCann, seconded by Councilmember
Aguilar, to appoint Greg Martinez to the Measure P Citizens' Oversight
Committee At-Large District 1 seat. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, to appoint Michael De La Rosa to the Planning Commission. The motion
carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
ADJOURNMENT
At 4:59 p.m., the meeting was adjourned to the regular City Council meeting on December 11, 2018, at
5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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April 9, 2019 File ID: 19-0113
19-0199
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF THE CHULA VISTA
MUNICIPAL CODE (CVMC) TO CLARIFY PROVISIONS REGARDING ILLEGAL COMMERCIAL CANNABIS
CONDUCT AND PENALTIES, INCLUDING CVMC SECTIONS 1.04.010, DEFINITION OF RESPONSIBLE PARTY,
1.41.110, CIVIL PENALTIES, 5.19.020, DEFINITIONS, AND 5.19.280, ENFORCEMENT AND PENALTIES
(SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
This proposed ordinance amends Chula Vista Municipal Code sections 1.04.010, 1.41.110, 5.19.020 and
5.19.280 to clarify and improve the consistency of language regarding violations of the Chula Vista
Municipal Code, including penalties for violations of the commercial cannabis provisions contained in
Chapter 5.19.
ENVIRONMENTAL REVIEW
The proposed ordinance amending Chula Vista Municipal Code Section 1.04.010, Definition of Responsible
Party, Section 1.41.110, Civil Penalties, Section 5.19.020, Definitions of Commercial Cannabis Activity and
Manager, and Section 5.19.280, Commercial Cannabis Enforcement and Penalties 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. Notwithstanding the foregoing, it has also been
determined that the activity 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/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In March of 2018, City Council approved Ordinance 3418, which added Chapter 5.19 to the Chula Vista
Municipal Code (“CVMC”) to regulate commercial cannabis in the City of Chula Vista. At that time, City
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Council approved the assessment of civil penalties up to an amount of $10,000 per violation per day for
violations of Chapter 5.19.
Chapter 1.41 of the CVMC contains general provisions regarding the assessment of civil penalties for code
violations. The current text of section 1.41.110 identifies a maximum civil penalty of $2,500 for violations,
with an exception for violations of the land grading provisions containedin chapter 15.06. In order to
provide consistency and clarity, Staff now recommend that section 1.41.110 be amended to:
specify that violations of the commercial cannabis provisions in chapter 5.19are also exempt from
the maximum $2,500 civil penalty;
reiterate that violations of chapter 5.19 are subject to a civil penalty of up to $10,000 as prescribed
in 5.19.280;and
clean up remaining language in the section.
Staff additionally recommend that language in 1.04.010, 5.19.020, and 5.19.280 be amended to more
precisely reflect what is prohibited and who is responsible when a violation occurs. The recommended
amendments would improve the clarity of the provisions and enhance the City’s ability to enforce its
municipal code.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The subject amendments to sections 1.04.010, 1.41.110, 5.19.020, and 5.19.280 improve the City’s capacity
assess civil penalties for violations of the municipal code. However, it is difficult and speculative to predict
when such penalties would be recovered and in what amounts.
ONGOING FISCAL IMPACT
The subject amendments to section 1.04.010, 1.41.110, 5.19.020, and 5.19.280 improve the City’s capacity
assess civil penalties for violations of the municipal code. However, it is difficult and speculative to predict
when such penalties would be recovered and in what amounts.
ATTACHMENTS
1. Proposed ordinance
2.Proposed amended 1.04.010 red-line strikeout version
3. Proposed amended 1.41.110 red-line strikeout version
4. Proposed amended 5.19.020 red-line strikeout version
5. Proposed amended 5.19.280 red-line strikeout version
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Staff Contact: Megan McClurg; Lou El-Khazen
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SECOND READING AND ADOPTION
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200E713C\@BCL@200E713C.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS
SECTIONS OF THE CHULA VISTA MUNICIPAL CODE (CVMC) TO
CLARIFY PROVISIONS REGARDING ILLEGAL COMMERICAL
CANNABIS CONDUCT AND PENALTIES, INCLUDING CVMC SECTIONS
1.04.010, DEFINITION OF RESPONSIBLE PARTY, 1.41.110, CIVIL
PENALTIES, 5.19.020, DEFINITIONS, AND 5.19.280, ENFORCEMENT AND
PENALTIES (FIRST READING)
WHEREAS, Chula Vista Municipal Code section 1.04.010 identifies and defines
responsible parties for purposes of violations of the Chula Vista Municipal Code; and
WHEREAS, Chula Vista Municipal Code section 1.41.110(C) currently caps the amount
of civil penalties that can be assessed against a responsible party for violations of the municipal
code at $2,500 per day, with the exception of violations of Chapter 15.04 CVMC; and
WHEREAS, Chula Vista Municipal Code section 5.19.020 identifies and defines
commercial cannabis activity and manager for purposes of Chapter 5.19 of the Chula Vista
Municipal Code; and
WHEREAS, Chula Vista Municipal Code section 5.19.280(C) authorizes the assessment
of civil penalties in the amount of up to $10,000 for each and every violation of Chapter 5.19
CVMC; and
WHEREAS, in City and County of San Francisco v. Sainez,the California Court of
Appeal found that fines in excess of $100,000 did not violate excessive fines clauses of the
Federal and State Constitutions; and
WHEREAS, for purposes of constitutional inquiry under the excessive fines clause, the
amount of fines imposed are required to bear some proportional relationship to the penalty’s
deterrent purpose and the nature of misconduct; and
WHEREAS, unlawful cannabis businesses have continued to operate in violation of the
Chula Vista Municipal Code despite enforcement action and the assessment of civil penalties in
the amount of $2,500 per day; 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 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
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WHEREAS, unregulated businesses remain a source of danger and disruption for City
residents and businesses; 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, the proposed amendments do not cause a substantial change to the
objectives and policies contained in Chula Vista Municipal Code chapters 1.04 and 5.19, but
instead clarify important provisions and facilitate City’s ability to implement such objectives and
policies;
WHEREAS, it is the intent of the City Council to authorize robust enforcement
procedures with regard to unlawful 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
A.Chapter 1, Section 1.04.010 of the Chula Vista Municipal Code regarding the
definition of “Responsible party” is amended to read as follows:
1.04.010 Definitions and rules of construction.
“Responsible party” means, individually and collectively, the owner(s) of real property upon
which a violation of this code or state law exists, a tenant or occupant in possession, a licensee,
or any other person who has caused, created, or continues to allow a condition to occur or exist
upon real property constituting a violation of this code or state law. A “responsible party” can be
a natural person or an entity.
[All other provisions and definitions in section 1.04.010 remained unchanged]
B.Chapter 1, Section 1.41.100 of the Chula Vista Municipal Code regarding the
assessment of civil penalties is amended to read as follows:
1.41.110 Civil penalties.
A. The council finds that there is a need for alternative methods of enforcement of the Chula
Vista Municipal Code and applicable state codes. The council further finds that the assessment of
civil penalties through an administrative hearing procedure for code violations is a necessary
alternative method of code enforcement. The administrative assessment of civil penalties
established in this section is in addition to any other administrative or judicial remedy established
by law which may be pursued to address violations of the municipal code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the
municipal code or applicable state codes, whether of the same section or any combination, that
reflect a continuing disregard for the requirements of such laws. The director may issue a notice
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and order to the responsible party assessing a civil penalty pursuant to this section. The civil
penalty may be enforced against the responsible party as a lien pursuant to CVMC 1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC and
violations of commercial cannabis provisions contained in Chapter 5.19 CVMC, civil penalties
may be assessed at a rate not to exceed $2,500 per violation per day.
D. The civil penalty for violations of land grading permits or land grading work done without the
issuance of a permit shall be based on an estimate by the director of grading work performed.
The rate of civil penalties shall be as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from
grading permit under CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second
violation of the land grading permit ordinance, either on the same property or different
property and whether or not part of the same development, the rate of civil penalties shall be
doubled. For third and subsequent violations, the rate of civil penalties shall be multiplied by
a factor of four.
E. Civil penalties for violations of Chapter 5.19 CVMC may be assessed at a rate not to exceed
$10,000 per violation per day.
F. Civil penalties under this section may be accrued retroactive to the date the violations were
first discovered, as evidenced by the issuance of a notice of violation pursuant to CVMC
1.41.030, or any later date determined by the director. In determining the amount to be imposed
on a daily rate, the director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare
or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the
problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
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9. The financial ability of the responsible party to have corrected the violation in a timely
fashion.
G. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil
penalties and the right to a hearing to contest or confirm. Unless contested, the notice and order
shall be final and be enforced pursuant to CVMC 1.41.160. If contested, the hearing examiner
shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that violated
the municipal code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection
(F) of this section. The hearing examiner may, however, exercise discretion pursuant to
CVMC 1.40.020(E) and increase or decrease the penalties assessed to a level determined to
be supported by the evidence meeting the criteria under subsection (F) of this section.
H. The director shall issue a final order based on the proceedings under subsection (F) of this
section and establish a date for payment, following which date an enforcement lien may be
imposed upon the property in accordance with applicable law. The imposition of an enforcement
lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this
section.
C.Chapter 5, Section 5.19.020 of the Chula Vista Municipal Code regarding the
definitions of “Commercial Cannabis Activity” and “Manager” are amended to read as follows:
“Commercial Cannabis Activity” means the commercial Cultivation, possession, furnishing,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery or sale of Cannabis or Cannabis Products.
“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 or
volunteers, control hours of operation, create policy rules, or purchase supplies.
[All other provisions and definitions in section 5.19.020 remained unchanged]
D.Chapter 5, Section 5.19.280 of the Chula Vista Municipal Code regarding
enforcement and penalties regarding commercial cannabis activity is amended to read as follows:
5.19.280 Enforcement and Penalties.
A. It is unlawful to:
1. Own, operate, set up, conduct, maintain, facilitate, or direct Commercial Cannabis Activity
in the City without a valid City License authorizing such Commercial Cannabis Activity;
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2. Participate as an employee, contractor, agent, volunteer, or in any other capacity in
Commercial Cannabis Activity in the City without a valid City License;
3. Use any parcel or any portion of parcel of land for Commercial Cannabis Activity without a
valid City License;
4. Lease, rent to, or otherwise allow Commercial Cannabis Activity to occupy or access 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. Civil penalties for violations of this Chapter may be assessed at a rate not to exceed
$10,000 per violation per day.
D. Whenever in this Chapter any act or omission is made unlawful, it shall include causing,
aiding, abetting, suffering, or concealing the fact of such act or omission.
E. The remedies specified in this Section are cumulative and in addition to any other remedies
available under State or local law for a violation of this Code.
F. Nothing in this Section shall be construed as requiring the City to allow, permit, license,
authorize, or otherwise regulate Commercial Cannabis Activity, or as abridging the City’s police
power with respect to enforcement regarding Commercial Cannabis Activity.
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.
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Ordinance
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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
_____________________________________ ____________________________________
Gary Halbert Glen R. Googins
City Manager City Attorney
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Chula Vista Municipal Code
Page 1/3
The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
1.04.010 Definitions and rules of construction.
In the construction of this code and of all ordinances of the City, the following rules shall be observed, unless such
construction would be inconsistent with the manifest intent of the City Council or the context clearly requires
otherwise:
“Abatement” means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not
limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of
structures to code; restoration of drainage ways or courses; grading or regrading and filling of illegally graded or
developed land; revegetation; vacating of illegal or nonconforming structures; removing barriers improperly
blocking off public access; removal of encroaching structures onto public property; and other action which is
reasonably related to the correction or mitigation of nuisances under this code or state law.
“City” or “this City” means and shall be construed as if followed by the words “of Chula Vista.”
“City Manager” means an officer appointed by the City Council as the City Manager, and includes those officers
and employees he or she designates to perform certain functions. The term “City Manager” includes a director, as
defined herein, except in those proceedings where an appeal to the City Manager is taken from the order of a
director.
“Code” or “this code” means the Municipal Code of the City of Chula Vista, California.
“Code enforcement officer” means a person, other than a police officer, designated by the City Manager or a
director to enforce violations of the Municipal Code. A code enforcement officer is authorized to issue notices of
violation and administrative citations pursuant to Chapter 1.41 CVMC. A code enforcement officer is authorized to
issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her
presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce.
A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code Section 836.5. A
code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832.8.
Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first
day and including the last, unless the last day is a legal holiday and then it is also excluded.
“Council” whenever used in this code means the City Council of the City.
“County” or “this county” means the county of San Diego.
“Day” means the period of time between any midnight and the midnight following.
Daytime and Nighttime. “Daytime” means the period of time between sunrise and sunset. “Nighttime” means the
period of time between sunset and sunrise.
“Director” means the Chief of Police, Fire Chief, City Engineer, Director of Development Services, Director of
Finance, Director of Recreation, Director of Public Works, and the employees designated by them or assigned by
job function to perform code enforcement functions and duties. It also includes the county health officer or director
of public health for public health and sanitation. The Directors are authorized to issue rules and regulations on behalf
of the City where referenced in this code.
Gender. The masculine gender includes the feminine and neuter.
“In the City” means and includes all territory over which the City now has, or shall hereafter acquire, jurisdiction for
the exercise of its police powers or other regulatory powers.
Joint Authority. All words giving a “joint authority” to three or more persons or officers shall be construed as giving
such authority to a majority of such persons or officers.
“Month” means a calendar month.
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Chula Vista Municipal Code
Page 2/3
The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
“Notice” means a written document which informs a person of the time, date and place for a hearing, the nature of a
penalty or corrective action required of that person, and the Municipal Code section(s) applicable to the proceeding.
Service of notice is covered in CVMC 1.40.030.
“Nuisance” is as defined under California Civil Code Section 3480, and includes a condition upon or use of real
property within Chula Vista that violates the Municipal Code or state law. It may also include dilapidation or
disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs;
or a structure on private property which encroaches into public property.
Number. The singular number includes the plural and the plural the singular.
“Oath” means and includes an affirmation.
Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall
mean officers, departments, boards, commissions and employees of the City, unless the context clearly indicates
otherwise.
Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight
Saving Time, as may be in current use in the City.
Or, And. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
“Owner,” applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in
partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
“Park ranger” means a person, other than a police officer, designated by the City Manager or a director to enforce
violations of the Municipal Code and whose primary duty is the protection of the park, public property, open space
and other property of the City and the preservation of peace therein. A park ranger is authorized to issue infraction
citations as authorized by Chapter 1.20 CVMC. A park ranger is also authorized to issue infraction citations
committed in his or her presence which are violations of state law.
“Person” means and includes any person, firm, association, organization, partnership, business trust, corporation or
company.
“Personal property” means and includes every species of property, except real property, as defined in this section.
Preceding and Following. The words “preceding” and “following” mean next before and next after, respectively.
“Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or
criminal nature.
“Property” means and includes real and personal property.
“Real property” means and includes land, improvements and structures on land, tenements and hereditaments.
“Responsible party” means, individually and collectively, the owner(s) of real property upon which a violation of
this code or state law exists,; or a tenant or occupant in possession, a licensee, or any other person who has caused,
created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or
state law. A “responsible party” can be a natural person or an corporation entity.
Shall and May. “Shall” is mandatory and “may” is permissive.
Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer or subscriber
cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name
near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as
a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
“State” or “this state” shall be construed to mean the state of California.
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Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
“Tenant or occupant,” applied to a building or land, includes any person holding a written or an oral lease of, or who
occupies the whole or a part of, such building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
Week. A “week” consists of seven consecutive days.
“Writing” means and includes any form of recorded message capable of comprehension by ordinary visual means.
Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in
the English language, unless it is expressly provided otherwise.
“Year” means a calendar year, except where otherwise provided. (Ord. 3322 § 1, 2014; Ord. 2790, 1999; Ord. 2718
§ 1, 1998; prior code § 1.2).
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Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
1.41.110 Civil penalties.
A. The council finds that there is a need for alternative methods of enforcement of the Chula Vista Municipal Code
and applicable state codes. The council further finds that the assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative
assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the municipal code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the municipal code or
applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the
requirements of such laws. The director may issue a notice and order to the responsible party assessing a civil
penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to
CVMC 1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC and violations of commercial
cannabis provisions contained in Chapter 5.19 CVMC, civil penalties may be assessed at a daily rate not to exceed
$2,500 per violation per day.
D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a
permit shall be based on an estimate by the director of grading work performed. The rate of civil penalties shall be
as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under
CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second violation of the
land grading permit ordinance, either on the same property or different property and whether or not part of the
same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of
civil penalties shall be multiplied by a factor of four.
E. Civil penalties for violations of Chapter 5.19 CVMC may be assessed at a rate not to exceed $10,000 per
violation per day.
FE. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as
evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the
director. In determining the amount to be imposed on a daily rate, the director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
Formatted: Indent: Left: 0"
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Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
9. The financial ability of the responsible party to have corrected the violation in a timely fashion.
GF. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the
right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced
pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that violated the municipal
code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (FE) of this section.
The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or
decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under
subsection (FE) of this section.
HG. The director shall issue a final order based on the proceedings under subsection (FE) of this section and
establish a date for payment, following which date an enforcement lien shall may be imposed upon the property in
accordance with applicable law. The imposition of an enforcement lien may be made a part of the proceedings and
notice and order under CVMC 1.41.100 or this section. (Ord. 3401 § 1, 2017; Ord. 3377 § 1, 2016; Ord. 2718 § 3,
1998).
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Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
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 reference 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:
1. 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.
2. 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 otherwise to accidentally or purposely
consume Cannabis or Cannabis Products. Attractive to Youth items include:
1. 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.
2. 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.
3. Packaging or labeling that contains images, characters, or phrases that closely resemble images, characters,
or phrases popularly used to advertise to Youth.
4. Advertising that mimics Advertising of a non-cannabis consumer product of a type that is typically
consumed by, or marketed to, Youth.
5. 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,
2019-04-09 Agenda Packet Page 31
Chula Vista Municipal Code
Page 2/6
The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
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 California Health and Safety Code Section 11018.5.
“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 Chapter. 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 Health and Safety
Code Section 109935, or drug, as defined by Health and Safety Code Section 109925.
“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, 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 California Health and Safety
Code Section 11362.7.
“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, furnishing, 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
CVMC 5.19.030.
2019-04-09 Agenda Packet Page 32
Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
“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 California Health and Safety Code Section 1596.76.
“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.
“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 CVMC 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 California Food and
Agricultural Code Division 15 (commencing with Section 32501). 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.
2019-04-09 Agenda Packet Page 33
Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
“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 or volunteers, 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 CVMC 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 California Health and Safety Code Section 11362.5,
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 CVMC 5.19.030.
“Officer” means any of the following:
1. The chief executive officer of an entity engaged in a Commercial Cannabis Business.
2. A member of the board of directors of an entity engaged in a Commercial Cannabis Business.
3. 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.
“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.
“Owner” means any of the following:
1. In the context of a Commercial Cannabis Business, a Person with an aggregate ownership interest, direct or
indirect, of 10 percent 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 percent or more in a Commercial Cannabis Business.
2. In the context of a Premises, a Person with an aggregate ownership or long-term lease interest, direct or
indirect, of 10 percent or more in the Premises, whether as a partner, shareholder, member, joint tenant or the
like.
“Patient or Qualified Patient” means a person who is entitled to the protections of California Health and Safety Code
Section 11362.5 as further provided in California Health and 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.
2019-04-09 Agenda Packet Page 34
Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
“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.
“State Laws” means the laws of the State of California, which include, but are not limited to, California Health and
Safety Code Section 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
Section 11362.7 et seq. (Medical Marijuana Program); California Health and Safety Code Section 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 State 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 CVMC 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:
1. Accredited by an accrediting body that is independent from all other persons involved in Commercial
Cannabis Activity in the State; and
2. Licensed by the State.
2019-04-09 Agenda Packet Page 35
Chula Vista Municipal Code
Page 6/6
The Chula Vista Municipal Code is current through Ordinance 3451, passed February 5, 2019.
A City License is required to operate a Testing Laboratory pursuant to CVMC 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 California Health and Safety Code Section 109925.
“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.
“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 nonprofit business where the majority of individuals who
patronize, congregate, or assemble at the business location are less than 21 years old. (Ord. 3418 § 2, 2018).
2019-04-09 Agenda Packet Page 36
5.19.280 Enforcement and Penalties.
A. It is unlawful to:
1. Own, operate, set up, conduct, maintain, facilitate, or direct Commercial Cannabis Activity
in the City without a valid City License authorizing such Commercial Cannabis 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, intern, volunteer, or in any other capacity in a
Commercial Cannabis usiness Activity in the City without a valid City License;
3. Use any parcel or any portion of parcel of land foras a Commercial Cannabis Business
Activity without a valid City License;
4. Lease, rent to, or otherwise allow a Commercial Cannabis BusinessCommercial Cannabis
Activity to occupy or access 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 ofCivil penalties for violations of this Chapter
may be assessed at a rate not to exceed $10,000 for each and every offenseper violation per day.
D. Whenever in this Chapter any act or omission is made unlawful, it shall include causing,
aiding, abetting, suffering, or concealing the fact of such act or omission.
E. The remedies specified in this Section are cumulative and in addition to any other remedies
available under State or local law for a violation of this Code.
F. Nothing in this Section shall be construed as requiring the City to allow, permit, license,
authorize, or otherwise regulate Commercial Cannabis Activity, or as abridging the City’s police
power with respect to enforcement regarding Commercial Cannabis Activity.
2019-04-09 Agenda Packet Page 37
P a g e | 1
April 9, 2019 File ID: 19-0052
19-0200
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA
MUNICIPAL CODE (ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES) TO COMPLY
WITH STATE LAW (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
Assembly Bill (AB) 2913 approved by the California legislature on September 21, 2018 extends the life of
building permits for residential occupancies from 180 days (six months) to 12 months after permit
issuance, unless the permittee has abandoned the work authorized by the permit. AB 2913 also authorizes
a permittee to request, and the Building Official to grant in writing, one or more extensions of time for
periods of not more than 180 days per extension.
This ordinance will update Chula Vista Municipal Code Chapter 15.06 to extend building permit application
and permit expiration times for all building permit applications and for all issued building permits, and not
only those related to residential occupancies as expressed in AB 2013.
The resolution will update Chapter 10 (Building Fees) of the City’s Master Fee Schedule related to building
permit application and time extension fees.
ENVIRONMENTAL REVIEW
The City’s Development Services Director 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 action pertains to ministerial permit
regulations. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The draft ordinance was considered by the Development Services Citizen Oversight Committee on January
30, 2019. There was general consensus in support of the proposed ordinance.
2019-04-09 Agenda Packet Page 38
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DISCUSSION
AB 2913
Provisions of the California Health and Safety Code relate to building permits, which are addressed when a
building permit is deemed to be expired. A building permit may expire because work authorized by the
permit has not commenced or the permittee has suspended or abandoned the work. Assembly Bill (AB)
2913, approved by the California legislature on September 21, 2018, extends the timeframe for residential
occupancy building permits from 180 days (six months) to 12 months after permit issuance, unless the
permittee has abandoned the work authorized by the permit. AB 2913 also authorizes a permittee to
request, and the Building Official to grant in writing, one or more extensions oftime for periods of not more
than 180 days per extension. The bill requires that the permittee request the extension in writing and
demonstrate justifiable cause for the extension.
Existing Chula Vista Municipal Code Building Permit Provisions
Chula Vista’s building permit application regulations are set forth in Chula Vista Municipal Code (CVMC)
Section 15.06.085. Section 15.06.085.C of the CVMC states that building permit applications for which no
permit is issued shall expire within 180 days following the date of application. The current code also
provides that an application “shall not be extended more than once”.
Chula Vista’s building permit issuance regulations are set forth in CVMC Section 15.06.090. Section
15.06.090.D of the Code states that if work is not commenced, or if work is suspended or abandoned, within
180 days from the date of the permit issuance, the permit shall expire. The current code also provides that
an issued permit shall not be extended more than once.
Proposed Chula Vista Municipal Code Amendment
This ordinance will update the CVMC to extend building permit application and permit expiration times for
all building permit applications and for all issued building permits, and not only those related to residential
occupancies as expressed in AB 2913.
Revisions to the Chula Vista building permit application regulations set forth in Section 15.06.085.C of the
CVMC are proposed to provide that building permit applications for which no permit is issued shall expire
within twelve (12) months following the date of application, and that the Building Official may grant one or
more extensions of time. Each time extension would extend the permit application by 180 days. When
considering an extension of the permit application, the Building Official will consider the need to update
the permit application to reflect any newly adopted building codes and regulations.
Revisions to the Chula Vista building permit issuance regulations set forth in Section 15.06.090.D of the
CVMC are proposed to provide that if work is not commenced within twelve (12) months from the date of
permit issuance, the permit shall expire. If work is suspended or abandoned, the permit expires after 180
days. Additional revisions to the code to allow the Building Official to grant one or more extensions of time
are proposed. Each time extension would extend the permit application by 180 days. When considering an
extension of the permit, the Building Official will consider the need to update the permit application to
reflect any newly adopted building codes and regulations.
2019-04-09 Agenda Packet Page 39
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Master Fee Schedule Amendment
The City currently assesses a flat fee of $105 to process each plan check (permit application) or permit
(permit issuance) extension. For unexpired applications or permits without changes to the plans or
specifications, a new fee equal to fifty percent (50%) of the adopted new permit fee is proposed. Unexpired
permits requiring changes would also be subject to the City’s existing supplemental plan check and
supplemental inspection fees, which are assessed on a half-hour basis. For expired permits, a new
application accompanied by the full new permit fee is required. The proposed fees ensure that the City
recovers the full cost of providing associated intake, plan check, and inspection services.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council members, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Amending the Chula Vista Municipal Code to allow permit applications and permits to stay active for one
year instead of 180 days is anticipated to reduce the number of requests. For those requesting extensions,
the fees to be assessed are increasing from $105 to either fifty-percent (50%) of the new permit fee or
payment of the new permit fee in full. Minimal fiscal impacts to the Development Services Fund are
anticipated in the current year.
ONGOING FISCAL IMPACT
Amending the Chula Vista Municipal Code to allow permit applications and permits to stay active for one
year instead of 180 days is anticipated to reduce the number of requests. For those requesting extensions,
the fees to be assessed are increasing from $105 to either fifty-percent (50%) of the new permit fee or
payment of the new permit fee in full. Ongoing fiscal impacts to the Development Services Fund are not
anticipated.
ATTACHMENTS
1) Proposed Master Fee Schedule revisions in redline format
Staff Contact: Chris Jacobs, Senior Planner, Advance Planning
2019-04-09 Agenda Packet Page 40
Ordinance
Page 1/5
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE
(ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL
BUILDING CODES) TO COMPLY WITH STATE LAW
WHEREAS, Chula Vista Municipal Code Chapter 15.06 established rules and regulations for the
administration and enforcement of certain technical building codes; and
WHEREAS, Assembly Bill 2913 approved on September 21, 2018 extends the life of building
permits for residential occupancies from 180 days to 12 months, and authorizes the Building Official to
grant one or more extensions for time periods of not more than 180 days per extension; and
WHEREAS, the revisions contained in this Ordinance to CVMC Chapter 15.06 “Administrative
Provisions for the Technical Building Codes” will implement AB 2913 and Sections 18938.5 and 18938.6
of the Health and Safety Code relating to building permits; and
WHEREAS the City’s Development Services Director 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 action
pertains to ministerial permit regulations. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows:
Section I. Substantive Action
Chapter 15.06 of the Chula Vista Municipal Code is hereby amended as follows:
Chapter 15.06
ADMINSTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES
Sections:
15.06.085 Application for a Permit
15.06.090 Permit Issuance
15.06.085 Application for a Permit.
A. Application. To obtain a permit, the applicant shall first file an application in writing on a form
furnished by the City for that purpose. Every application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
SECOND READING AND ADOPTION
2019-04-09 Agenda Packet Page 41
Ordinance
Page 2/5
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications, and other data as
required in subsection (B) of this section.
5. State the valuation of any new building or structure or any addition, remodeling or
alteration to an existing building.
6. Be signed by the applicant, or the applicant’s authorized agent.
7. Give such other data and information as may be required by the Building Official.
B. Submittal Documents. Plans, specifications, engineering calculations, diagrams, soil investigation
reports, special inspection and structural observation programs and other data shall constitute the
submittal documents and shall be submitted in one or more sets with each application for a
permit. When such plans are not prepared by an architect or engineer, the Building Official may
require the applicant submitting such plans or other data to demonstrate that state law does not
require that the plans be prepared by a licensed architect or engineer. The Building Official may
require plans, computations and specifications to be prepared and designed by an engineer or
architect licensed by the state even if not required by state law. However, the Building Official
may waive the requirement to submit plans, calculations, construction inspection requirements
and other data if the nature of the work applied for is such that reviewing of plans is not necessary
to obtain compliance with this chapter.
1. Information on Plans and Specifications. Plans and specifications shall be drawn to scale
on substantial paper or cloth and shall be of sufficient clarity to indicate the location,
nature and extent of the proposed work and show in detail that the proposed work will
conform to the provisions of this chapter, the technical codes and all relevant laws,
ordinances, rules and regulations. Plans for buildings of other than Group R, Division 3
and Group U occupancies shall indicate how required structural and fire-resistive
integrity will be maintained where penetrations will be made for electrical, mechanical,
plumbing and communication conduits, pipes and similar systems.
2. Architect or Engineer of Record. When it is required that documents be prepared by an
architect or engineer, the Building Official may require the applicant to engage and
designate on the building permit application an architect or engineer who shall act as the
architect or engineer of record. If the circumstances require, the applicant may designate
a substitute architect or engineer of record who shall perform all the duties required of the
original architect or engineer of record. The applicant shall notify the Building Official in
writing if the architect or engineer of record is changed or is unable to continue to
perform the duties. The architect or engineer of record shall be responsible for reviewing
and coordinating all submittal documents prepared by others, including deferred
submittal items, for compatibility with the design of the building.
3. Deferred Submittals. Deferred submittals are defined as those portions of the design
which are not submitted at the time of the application and which are to be submitted to
the Building Official within a specified period. Deferred submittals shall have prior
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approval of the Building Official. The architect or engineer of record shall list the
deferred submittals on the plans at time of application and shall submit the deferred
submittal documents for review by the Building Official.
The architect or engineer of record shall submit the deferred submittals to the Building
Official with notation indicating that the deferred submittals have been reviewed and that
they have been found to be in general conformance with the design of the building. The
deferred submittal items shall not be installed until their design and deferred submittals
have been approved by the Building Official.
C. Expiration of Plan Review. Every Aapplications for which no permit is issued within 12 months
180 days following the date of application shall expire and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the Building Official . The
Building Official may grant one or more extensions of time for periods extend the time for action
by the applicant for a period not exceeding 180 days per extension on written request by the
applicant showing that circumstances beyond the control of the applicant have prevented action
from being taken. When considering an extension of a permit application, the Building Official
shall consider the need to update the permit application to newly adopted building codes and
regulations. An application shall not be extended more than once. In order to renew action on an
application after expiration, the applicant shall submit a new permit application with required
submittal materials and shall be subject to all applicable fees and regulations in effect on th e date
the new application is submitted resubmit plans and pay a new plan review fee. (Ord. 3087 § 1,
2007). All applicants requesting plan review extensions or new permit applications shall pay the
required fees as designated in the City’s Master Fee Sche dule, as may be amended from time to
time by resolution of the City Council.
15.06.090 Permit Issuance.
A. Issuance. The application, plans, specifications, computations and other data filed by an applicant
for permit shall be reviewed by the Building Official. Such plans may be reviewed by other
departments of the city to verify compliance with all applicable laws. If the Building Official
finds that the work described in an application for a permit and the plans, specifications and other
data filed therewith conform to the requirements of this chapter, the technical codes, and other
pertinent laws and ordinances, and that the fees specified in CVMC 15.06.095 have been paid, the
Building Official shall issue a permit to the applicant.
When a permit is issued, and plans and specifications are required for that permit, the Building
Official shall endorse in writing or stamp the plans and specifica tions “APPROVED.” Such
approved plans and specifications shall not be changed, modified or altered without authorization
from the Building Official, and all work regulated by this chapter or the technical codes shall be
done in accordance with the approved plans and specifications.
The Building Official may issue a permit for the construction of part of a building, structure or
building service equipment before the entire plans and specifications for the whole building,
structure or building service equipment have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all pertinent requirements of
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the technical codes. The issuance of a partial permit shall not, in any way, commit the Building
Official to grant a permit for the entire building, structure or building service.
B. Retention of Plans. The Building Official shall maintain an official copy, microfilm, electronic or
other type of photographic copy of the plans of every building, during the life of the building, for
which the City issued a building permit. All plans for common interest developments as defined
in Section 1351 of the California Civil Code shall be maintained with the following exceptions:
1. Single or multiple dwellings not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings listed in the exception in subsection
(B)(1) of this section.
3. Farm or ranch buildings.
4 Any one-story building where the span between bearing walls does not exceed 25 feet,
except a steel frame or concrete building.
C. Validity of Permit. The issuance of a permit or approval of plans, specifications and computations
shall not be construed to be a permit for, or an approval of, any violation of any of the provisions
of this chapter or the technical codes, or of any other ordinance of the City. Permits presuming to
give authority to violate or cancel the provisions of this chapter, the technical codes, or of other
ordinances of the City shall not be valid.
The issuance of a permit based on plans, specifications and other data shall not prevent the
Building Official from thereafter requiring the correction of errors in these plans, specifications
and other data, or prevent the Building Official from stopping building operations when there is a
violation of these plans, specifications and other data, or violations of this chapter or the technical
codes or of any other ordinances.
D. Expiration of Permit. Every permit issued by the Building Official under the provisions of t he
technical codes shall expire, if the building or work authorized by such permit is not commenced
within 12 months 180 days from the date of such permit, or if the building or work authorized by
such permit is suspended or abandoned at any time after the work is commenced for a period of
180 days. Before such work can be recommenced, a new permit shall first be obtained to do so,
and the fee shall be one-half the amount required for a new permit for such work, provided no
changes have been made or will be made in the original plans and specifications for such work;
and provided, that such suspension or abandonment has not exceeded one year. In order to renew
action on a permit after expiration, the permittee shall pay a new full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time within which
work may commence under that permit when the permittee is unable to commence work within
the time required by this section for good and satisfactory reasons.
A permittee holding an unexpired permit may apply for an extension of the time for good and
satisfactory reasons. A permittee with an expired permit may apply for a new permit. All
permittees requesting permit extensions or new permits shall pay the required fees as designated
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in the City’s Master Fee Schedule, as may be amended from time to time by resolution of the City
Council.
The Building Official may grant one or more extensions of extend the time for action by the
permittee for a period not exceeding 180 days per extension upon written request by the permittee
demonstrating good and satisfactory reasons for such extension. showing that circumstances
beyond the control of the permittee have prevented action from being taken. When considering
an extension of a permit, the Building Official shall consider the need to update the permit to any
newly adopted building codes and regulations. Permits shall not be extended more than once.
E. Suspension or Revocation. The Building Official may in writing suspend or revoke a permit
issued under the provisions of this chapter and the technical codes when the permit is issued in
error or on the basis of incorrect information supplied, or in violation of this chapter , the technical
codes or any other ordinance or regulation. (Ord. 3087 § 1, 2007).
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 appli cation 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:
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
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April 9, 2019 File ID: 19-0119
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.60,
LOST AND STOLEN PROPERTY, TO CHANGE THE TITLE, MINIMUM HOLDING PERIOD AND TO MAKE
OTHER UPDATES (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
Staff is requesting to reduce the retention period for unclaimed personal property from six (6) months to
three (3) months to conform to state law and to facilitate efficient use of the City’s limited storage space, as
well as a title change and other updates.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines, because it will not result in a physical change to
the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City’s Park Rangers work with the Police Department’s Homeless Outreach Team , County social
service representatives and nonprofit stakeholders in the City’s parks to offer unsheltered individuals
resources and referrals.
Following weekly outreach activities and as part of regular care to keep the parks tidy and useable for all,
Parks staff members clean the City’s parks and rights of way. For instance, staff collects and discards
obvious refuse, such as fast food containers, empty water bottles, syringes, cigarette butts, cardboard, feces,
uneaten food, and broken items. Staff also works with a shopping cart retrieval service that collects empty
carts.
2019-04-09 Agenda Packet Page 46
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Additionally, staff identifies unattended personal property on the grass, sidewalks, landscaping, play
grounds, picnic areas and parking lots of the City’s parks and rights of way. Examples of unattended
personal property include backpacks, bags, clothing, tarps, bedding, bicycles, and shopping carts filled with
these items. Staff posts the item with a written notice that it will be removed in 24 hours. The notice gives
a phone number, location and hours of operation so the owner may claim the property, free of charge. Staff
returns after 24 hours. In many instances, the item has been removed. If the item remains, however, staff
photographs, tags, collects and stores it at 707 F Street, an unused City building.
A small portion of the stored property is claimed, with owners typically retrieving their property within a
month of collection. The majority is never claimed. Staff stores the unclaimed items for at least six (6)
months, as required by the City’s municipal code, before periodic disposal. Staff estimates the current
volume of unclaimed items fills a 5,000 to 6,000 square foot secure, enclosed space, including aisles to
allow the property to be viewed and safely retrieved.
The building at 707 F Street is the City’s only storage facility for unclaimed items from the parks and rights
of way. It is slated for demolition in the spring of 2019 to make room for redevelopment at that site.
Consequently, staff is exploring alternativesites for storage.
In this request, staff is recommending reducing the required retention period for unclaimed property from
six (6) months to three (3) months. A shorter retention requirement is expected to eventually reduce the
City’s storage needs. A shorter retention period also would allow the City to use storage space more
efficiently by moving out unclaimed items more quickly to accommodate incoming items. State law allows
a city to establish its own retention period for unclaimed property, as long as the period is at least three (3)
months. (Cal. Civil Code sections 2080.4 and 2080.6). In 1967, the City Council set a six (6)-month
retention period. (Chula Vista Municipal Code Section 2.60.010.) A survey of other cities in San Diego
county with ordinances addressing unclaimed property showed a three-month retention period; Chula
Vista is the only jurisdiction identified with a longer retention period.
This request also recommends updates to the Chapter 2.60, such as changing the title from “lost and stolen”
property to “unclaimed” property, for consistency with the state laws cited above. Also, for found items
turned into the Police Department, which the finder would like to claim, the Department is required to
publish notice in a newspaper of general circulation to give the owner a chance to recover the item. The
value of the found item requiring newspaper notice is $25 (CVMC Section 2.60.150). This update would
increase the value to $250, consistent with state law (Cal. Civil Code section 2080.3).
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.).
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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. Reducing the required
retention period for unclaimed personal property supports Operational Excellence by increasing the
efficient use of City resources. It also supports Strong and Secure Neighborhoods by facilitating staff’s
diligent work to reunite owners with property while keeping City parks clean and inviting for all to enjoy.
CURRENT-YEAR FISCAL IMPACT
There will be no fiscal impact to the current fiscal year. Storage will be temporarily relocated from 707 F
Street to Eucalyptus Park Maintenance Shed.
ONGOING FISCAL IMPACT
The temporary storage location is limited in size and will not accommodate the current demand for space
of the unclaimed personal property. A larger permanent facility will need to be identified for lease or
purchase with an unknown cost associated with this space.
ATTACHMENTS
1. Redline-strikeout of CVMC 2.60
2.Proposed amended ordinance
Staff Contact: Tracy Lamb, Director of Community Services
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Chula Vista Municipal Code
Chapter 2.60 LOST AND STOLEN PROPERTY*
Page 1/3
The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
Chapter 2.60
LOST AND STOLEN UNCLAIMED PROPERTY*
Sections:
2.60.010 Holding period – Minimum term – Exceptions.
2.60.020 Holding period – Bicycles and perishable material – Sale permitted when.
2.60.030 Sale – Procedure generally.
2.60.035 Transfer of property to city.
2.60.040 Sale – Notice of time and place required.
2.60.050 Sale – Payment of purchase price – Receipt – Transfer of title.
2.60.060 Recovery of property by owner permitted when.
2.60.070 Disposition of proceeds of sale – Generally – Manner of selling items.
2.60.080 Disposition of proceeds of sale – Perishable property procedure.
2.60.090 Responsibility for care and preservation – Liability for loss or damage.
2.60.095 Destruction of unclaimed property – Liability for destruction.
2.60.100 Identification tag required – Contents.
2.60.110 Register to be maintained – Contents.
2.60.120 Chapter not applicable to animals.
2.60.130 Identification markings for certain impounded articles – Purpose and intent.
2.60.140 Identification markings for certain impounded articles – Procedure authorized.
2.60.150 Vesting of title to unclaimed property in finder.
* For statutory provisions regarding the disposition of lost or unclaimed property, see Civil Code § 2080, et seq.; for authority
for municipalities to regulate the disposition of lost property in the hands of the police, see Civil Code § 2080.4.
CROSS REFERENCE: Purchasing Systems, see Ch. 2.56 CVMC.
2.60.010 Holding period – Minimum term – Exceptions.
All unclaimed personal property, except animals, bicycles and perishable property, in the possession of the police
department or other City department shall be held by the police department or other City department for a period of
at least six months 90 days. (Ord. 1067 § 1, 1967; prior code § 2.37).
2.60.020 Holding period – Bicycles and perishable material – Sale permitted when.
Unclaimed perishable property may be sold at public auction, or transferred in the manner set forth in this chapter
for personal property other than perishable property, prior to the expiration of the six-month 90-day period.
Bicycles may be sold at public auction in the same manner, or donated to a nonprofit, charitable organization
designated by the chief of police, after being held by the police department for a period of at least 90 days. (Ord.
2657 § 1, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior code § 2.38).
2.60.030 Sale – Procedure generally.
After holding such unclaimed property for the period described herein, the same shall be sold by the chief of police,
or his duly authorized representative, at public auction to the highest bidder or, in the case of unclaimed bicycles
only, may be donated to a nonprofit, charitable organization designated by the chief of police. Any donation of
bicycles shall be made pursuant to department policy for designation of eligible nonprofit, charitable organizations,
which shall set forth standards including, but not limited to: that the recipient organization will use the bicycles for
donation to youths determined to be “at risk” or of special financial need and that donations of bicycles will not be
made to members of the police department or their respective families. Alternatively, pursuant to the provisions of
CVMC 2.60.035, said unclaimed property may be transferred to the city. (Ord. 2657 § 2, 1995; Ord. 2098 § 1, 1985;
Ord. 1067 § 1, 1967; prior code § 2.39).
2.60.035 Transfer of property to city.
Upon recommendation of the chief of police or his duly authorized representative, the city purchasing agent may
determine that unclaimed property is suitable for use by the city. The provisions of this chapter relating to the
holding period and notice shall be complied with prior to the transfer to and acquisition by the city. (Ord. 2098 § 2,
1985).
2019-04-09 Agenda Packet Page 49
Chula Vista Municipal Code
Chapter 2.60 LOST AND STOLEN PROPERTY*
Page 2/3
The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
2.60.040 Sale – Notice of time and place required.
Prior to the sale at public auction or transfer, notice of the time and place of such sale and articles to be sold or
transferred shall be given by the chief of police, at least five days before the time fixed therefor, by publication once
in a newspaper of general circulation published in the city. (Ord. 2098 § 1, 1985; prior code § 2.40).
2.60.050 Sale – Payment of purchase price – Receipt – Transfer of title.
At the time of the sale of any unclaimed property, the purchaser shall pay the cash purchase price into the finance
department, and the finance department shall issue a validated receipt for such money for the personal property
being purchased, and the chief of police or the authorized member of his department shall, upon presentation of such
validated receipt, transfer such property to the purchaser. (Prior code § 2.40.1).
2.60.060 Recovery of property by owner permitted when.
Any person may claim property in possession of the police department at any time prior to the first publication of
notice of sale or transfer by proving, to the satisfaction of the chief of police, ownership of such property and paying
the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2098 § 1, 1985; prior code § 2.41).
2.60.070 Disposition of proceeds of sale – Generally – Manner of selling items.
All moneys derived from the sale of unclaimed property other than perishable property shall be deposited in the
general fund of the city and shall belong to the city. If more than one article is offered for sale at auction, they may
be sold individually or collectively, as the chief of police may determine. (Prior code § 2.42).
2.60.080 Disposition of proceeds of sale – Perishable property procedure.
All moneys, if any, derived from the sale of unclaimed perishable property shall be held for the owner of such
property, providing he shall prove ownership of the perishable property prior to the expiration of the period of six
months 90 days from the date of first possession of such property by the chief of police. If no owner claims such
property within the six-month 90-day period, then the moneys derived from such sale shall be placed in the general
fund of the city. (Prior code § 2.43).
2.60.090 Responsibility for care and preservation – Liability for loss or damage.
The chief of police or City staff designated by the chief of police shall be responsible for the care and preservation
of the unclaimed property hereinbefore referred to, until the same is sold, destroyed, or returned to the lawful owner
thereof, but in no event shall the chief of police, designated staff or the city be liable in damages for the loss or
damage to such unclaimed property. (Ord. 2147 § 3, 1986; prior code § 2.44).
2.60.095 Destruction of unclaimed property – Liability for destruction.
The chief of police or his representative may destroy all unclaimed property after holding the unclaimed property for
the period prescribed herein, with no owner appearing and proving ownership of the property within the prescribed
period, or the unclaimed property may be destroyed upon the failure of the property to be sold at public auction
pursuant to this chapter; but in no event shall the chief of police or the city be liable for damages for the destruction
of such unclaimed property. (Ord. 2147 § 2, 1986).
2.60.100 Identification tag required – Contents.
Each article of unclaimed property shall be identified with a tag on the same, showing the first date of possession by
the chief of police and the circumstances surrounding his acquisition of possession. (Prior code § 2.45).
2.60.110 Register to be maintained – Contents.
The chief of police or City staff designated by the chief of police shall maintain a register of all unclaimed property
received by the police department. Such register shall describe each item of property; the time, date and place it was
received; the name of the person from whom it was received; and the circumstances surrounding its receipt, together
with the date and manner of disposition of such property. (Prior code § 2.45.1).
2.60.120 Chapter not applicable to animals.
This chapter shall not apply to lost, strayed or unclaimed animals. (Prior code § 2.46).
2.60.130 Identification markings for certain impounded articles – Purpose and intent.
It is the purpose and intent of the city council to establish a procedure which authorizes the police department of the
city to place identifying numbers upon certain articles which have been impounded during the course of
2019-04-09 Agenda Packet Page 50
Chula Vista Municipal Code
Chapter 2.60 LOST AND STOLEN PROPERTY*
Page 3/3
The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019.
investigation of theft, where said articles have had the identifying numbers removed or obliterated, thus making the
possession of said articles illegal under the provisions of Section 537E of the California Penal Code. Said procedure
is also intended for application to any articles which come into the possession of the police department for control or
custody by any other process and which may also have had any identifying numbers or markings obliterated
therefrom. (Ord. 1193 § 1, 1969; prior code § 2.10.1).
2.60.140 Identification markings for certain impounded articles – Procedure authorized.
The chief of police is authorized and directed to assign a distinguishing number or identification mark and affix said
number or mark to any itemradio, piano, stereo tape deck, phonograph, sewing machine, washing machine,
typewriter, adding machine, comptometer, bicycle, firearm, safe or vacuum cleaner, dictaphone, watch, watch
movement, watch case, or any mechanical or electrical device, appliance, contrivance, material, piece of apparatus
or equipment, from which the manufacturer’s name plate, serial number or any other distinguishing number or
identification mark has been removed, defaced, covered, altered or destroyed, so that said article may be properly
and legally returned to the possession of the person legitimately entitled to the ownership and possession thereof.
(Ord. 1193 § 1, 1969; prior code § 2.10.2).
2.60.150 Vesting of title to unclaimed property in finder.
A. Valuation of $250.00 or More. If the reported value of the property is $25 0.00 or more and no owner appears and
proves his ownership of the property within 90 days, the police department shall cause notice of the property to be
published at least once in a newspaper of general circulation. If after seven days following the first publication of the
notice, no owner appears and proves his ownership of the property and the person who found or saved the property
pays the cost of the publication, the title shall vest in the person who found or saved the property, unless the property
was found in the course of employment by an employee of any public agency, in which case the property shall be
sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the
successful bidder at the public auction unless the required fee(s) is first paid to the city, county, or city and county
whose police department caused the notice to be published.
B. Valuation of Less Than $250.00. If the reported value of the property is less than $25 0.00 and no owner appears
and proves his ownership of the property within 90 days, the title shall vest in the person who found or saved the
property, unless the property was found in the course of employment by an employee of any public agency, in which
case the property shall be sold at public auction.
C. Exception – Bicycle. If the found or saved property is a bicycle, if no owner appears and proves ownership of the
bicycle within 90 days, the title shall not vest in the person who found or saved the bicycle. All such unclaimed
bicycles shall be sold at public auction or donated for charitable purposes pursuant to this chapter. (Ord. 2657 § 3,
1995; Ord. 2506 § 1, 1992; Ord. 2147 § 1, 1986; Ord. 1766 § 1, 1977).
2019-04-09 Agenda Packet Page 51
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D80D7CE8\@BCL@D80D7CE8.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.60, LOST
AND STOLEN PROPERTY, TO CHANGE THE TITLE,
MINIMUM HOLDING PERIOD, AND TO MAKE OTHER
UPDATES
WHEREAS, the Police, Parks and Public Works departments of the City routinely
encounter lost or unattended personal property in City parks and other City-owned property; and
WHEREAS, City staff collects, tags and stores such for safekeeping to give the owner an
opportunity to claim the property; and
WHEREAS, such property is retained at the Police Department, which has limited
capacity, or at 707 F Street, the former City shops building; however, this location will become
unavailable for storage use in the spring of 2019, requiring the City to find alternative means and
locations to store lost and unattended property; and
WHEREAS, Chula Vista Municipal Code section 2.60.010, enacted in 1967, requires
retention of such property for at least six (6) months; and
WHEREAS, pursuant to California Civil Code section 2080.4 and Civil Code section
2080.6, a city may provide by ordinance or regulations for the care, restitution, sale or
destruction of unclaimed property in the city’s possession, so long as the ordinance requires the
city to hold such unclaimed property for the State-law minimum of ninety (90) days; and
WHEREAS, staff has requested and demonstrated a need to reduce the required retention
period for lost and unclaimed property from six (6) months to ninety (90) days for consistency
with State law and to allow more efficient management of limited storage space in the Police
Department and other City property; and
WHEREAS, Chula Vista Municipal Code section 2.60.150, Vesting of title to unclaimed
property in finder, which applies to a found item turned in by a finder who wants to claim the
item, requires the Police Department to advertise the found item in a newspaper of general
circulation when the item is valued at $25 or more; while these instances are rare, the staff time
and ad costs to City for advertising exceeds the value of the found item because the value
threshold is so low; and
WHEREAS, pursuant to California Civil Code section 2080.3, the value threshold
requiring advertising found property when the finder wishes to claim the item is $250; and
WHEREAS, staff has requested and demonstrated a need to increase the value threshold
for advertising found property in which a finder seeks to claim the item from $25 to $250, to
save staff time and City funds and for consistency with State law; and
2019-04-09 Agenda Packet Page 52
Ordinance
Page 2
WHEREAS, staff has requested to change the title from “lost and stolen” property to
“unclaimed” property for consistency with state law and the ordinances of other cities.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 2.60
UNCLAIMED PROPERTY*
Sections:
2.60.010 Holding period –Minimum term – Exceptions.
2.60.020 Holding period – Bicycles and perishable material – Sale permitted when.
2.60.030 Sale – Procedure generally.
2.60.035 Transfer of property to city.
2.60.040 Sale – Notice of time and place required.
2.60.050 Sale – Payment of purchase price – Receipt – Transfer of title.
2.60.060 Recovery of property by owner permitted when.
2.60.070 Disposition of proceeds of sale – Generally – Manner of selling items.
2.60.080 Disposition of proceeds of sale – Perishable property procedure.
2.60.090 Responsibility for care and preservation – Liability for loss or damage.
2.60.095 Destruction of unclaimed property – Liability for destruction.
2.60.100 Identification tag required – Contents.
2.60.110 Register to be maintained – Contents.
2.60.120 Chapter not applicable to animals.
2.60.130 Identification markings for certain impounded articles – Purpose and intent.
2.60.140 Identification markings for certain impounded articles – Procedure authorized.
2.60.150 Vesting of title to unclaimed property in finder.
* For statutory provisions regarding the disposition of lost or unclaimed property, see Civil
Code § 2080, et seq.; for authority for municipalities to regulate the disposition of lost property
in the hands of the police, see Civil Code § 2080.4.
CROSS REFERENCE: Purchasing Systems, see Ch. 2.56 CVMC.
2.60.010 Holding period –Minimum term – Exceptions.
All unclaimed personal property, except animals, bicycles and perishable property, in the
possession of the police department or other City department shall be held by the police
department or other City department for a period of at least 90 days. (Ord. 1067 § 1, 1967; prior
code § 2.37).
2.60.020 Holding period –Bicycles and perishable material – Sale permitted when.
Unclaimed perishable property may be sold at public auction or transferred in the manner set
forth in this chapter for personal property other than perishable property, prior to the expiration
of the 90-day period. Bicycles may be sold at public auction in the same manner, or donated to a
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Ordinance
Page 3
nonprofit, charitable organization designated by the chief of police, after being held by the police
department for a period of at least 90 days. (Ord. 2657 § 1, 1995; Ord. 2098 § 1, 1985; Ord. 1067
§ 1, 1967; prior code § 2.38).
2.60.030 Sale –Procedure generally.
After holding such unclaimed property for the period described herein, the same shall be sold by
the chief of police, or his duly authorized representative, at public auction to the highest bidder
or, in the case of unclaimed bicycles only, may be donated to a nonprofit, charitable organization
designated by the chief of police. Any donation of bicycles shall be made pursuant to department
policy for designation of eligible nonprofit, charitable organizations, which shall set forth
standards including, but not limited to: that the recipient organization will use the bicycles for
donation to youths determined to be “at risk” or of special financial need and that donations of
bicycles will not be made to members of the police department or their respective families.
Alternatively, pursuant to the provisions of CVMC 2.60.035, said unclaimed property may be
transferred to the city. (Ord. 2657 § 2, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior
code § 2.39).
2.60.035 Transfer of property to city.
Upon recommendation of the chief of police or his duly authorized representative, the city
purchasing agent may determine that unclaimed property is suitable for use by the city. The
provisions of this chapter relating to the holding period and notice shall be complied with prior to
the transfer to and acquisition by the city. (Ord. 2098 § 2, 1985).
2.60.040 Sale –Notice of time and place required.
Prior to the sale at public auction or transfer, notice of the time and place of such sale and articles
to be sold or transferred shall be given by the chief of police, at least five days before the time
fixed therefor, by publication once in a newspaper of general circulation published in the city.
(Ord. 2098 § 1, 1985; prior code § 2.40).
2.60.050 Sale –Payment of purchase price – Receipt – Transfer of title.
At the time of the sale of any unclaimed property, the purchaser shall pay the cash purchase price
into the finance department, and the finance department shall issue a validated receipt for such
money for the personal property being purchased, and the chief of police or the authorized
member of his department shall, upon presentation of such validated receipt, transfer such
property to the purchaser. (Prior code § 2.40.1).
2.60.060 Recovery of property by owner permitted when.
Any person may claim property in possession of the police department at any time prior to the
first publication of notice of sale or transfer by proving, to the satisfaction of the chief of police,
ownership of such property and paying the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2098 § 1,
1985; prior code §2.41).
2.60.070 Disposition of proceeds of sale –Generally – Manner of selling items.
All moneys derived from the sale of unclaimed property other than perishable property shall be
deposited in the general fund of the city and shall belong to the city. If more than one article is
offered for sale at auction, they may be sold individually or collectively, as the chief of police
may determine. (Prior code § 2.42).
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2.60.080 Disposition of proceeds of sale –Perishable property procedure.
All moneys, if any, derived from the sale of unclaimed perishable property shall be held for the
owner of such property, providing he shall prove ownership of the perishable property prior to
the expiration of the period of 90 days from the date of first possession of such property by the
chief of police. If no owner claims such property within the 90-day period, then the moneys
derived from such sale shall be placed in the general fund of the city. (Prior code § 2.43).
2.60.090 Responsibility for care and preservation –Liability for loss or damage.
The chief of police or City staff designated by the chief of police shall be responsible for the care
and preservation of the unclaimed property hereinbefore referred to, until the same is sold,
destroyed, or returned to the lawful owner thereof, but in no event shall the chief of police,
designated staff or the city be liable in damages for the loss or damage to such unclaimed
property. (Ord. 2147 § 3, 1986; prior code § 2.44).
2.60.095 Destruction of unclaimed property –Liability for destruction.
The chief of police or his representative may destroy all unclaimed property after holding the
unclaimed property for the period prescribed herein, with no owner appearing and proving
ownership of the property within the prescribed period, or the unclaimed property may be
destroyed upon the failure of the property to be sold at public auction pursuant to this chapter;
but in no event shall the chief of police or the city be liable for damages for the destruction of
such unclaimed property. (Ord. 2147 § 2, 1986).
2.60.100 Identification tag required –Contents.
Each article of unclaimed property shall be identified with a tag on the same, showing the first
date of possession by the chief of police and the circumstances surrounding his acquisition of
possession. (Prior code § 2.45).
2.60.110 Register to be maintained –Contents.
The chief of police or City staff designated by the chief of police shall maintain a register of all
unclaimed property received by the police department. Such register shall describe each item of
property; the time, date and place it was received; the name of the person from whom it was
received; and the circumstances surrounding its receipt, together with the date and manner of
disposition of such property. (Prior code § 2.45.1).
2.60.120 Chapter not applicable to animals.
This chapter shall not apply to lost, strayed or unclaimed animals. (Prior code § 2.46).
2.60.130 Identification markings for certain impounded articles –Purpose and intent.
It is the purpose and intent of the city council to establish a procedure which authorizes the
police department of the city to place identifying numbers upon certain articles which have been
impounded during the course of investigation of theft, where said articles have had the
identifying numbers removed or obliterated, thus making the possession of said articles illegal
under the provisions of Section 537E of the California Penal Code. Said procedure is also
intended for application to any articles which come into the possession of the police department
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Ordinance
Page 5
for control or custody by any other process and which may also have had any identifying
numbers or markings obliterated therefrom. (Ord. 1193 § 1, 1969; prior code § 2.10.1).
2.60.140 Identification markings for certain impounded articles –Procedure authorized.
The chief of police is authorized and directed to assign a distinguishing number or identification
mark and affix said number or mark to any item, from which the manufacturer’s name plate,
serial number or any other distinguishing number or identification mark has been removed,
defaced, covered, altered or destroyed, so that said article may be properly and legally returned
to the possession of the person legitimately entitled to the ownership and possession thereof.
(Ord. 1193 § 1, 1969; prior code § 2.10.2).
2.60.150 Vesting of title to unclaimed property in finder.
A. Valuation of $250.00 or More. If the reported value of the property is $250.00 or more and no
owner appears and proves his ownership of the property within 90 days, the police department
shall cause notice of the property to be published at least once in a newspaper of general
circulation. If after seven days following the first publication of the notice, no owner appears and
proves his ownership of the property and the person who found or saved the property pays the
cost of the publication, the title shall vest in the person who found or saved the property, unless
the property was found in the course of employment by an employee of any public agency,in
which case the property shall be sold at public auction. Title to the property shall not vest in the
person who found or saved the property or in the successful bidder at the public auction unless
the required fee(s) is first paid to the city, county, or city and county whose police department
caused the notice to be published.
B. Valuation of Less Than $250.00. If the reported value of the property is less than $250.00 and
no owner appears and proves his ownership of the property within 90 days, the title shall vest in
the person who found or saved the property, unless the property was found in the course of
employment by an employee of any public agency, in which case the property shall be sold at
public auction.
C. Exception – Bicycle. If the found or saved property is a bicycle, if no owner appears and
proves ownership of the bicycle within 90 days, the title shall not vest in the person who found
or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for
charitable purposes pursuant to this chapter. (Ord. 2657 § 3, 1995; Ord. 2506 § 1, 1992; Ord.
2147 § 1, 1986; Ord. 1766 § 1, 1977).
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
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Ordinance
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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
_____________________________________ ____________________________________
Tracy Lamb Glen R. Googins
Community Services Director City Attorney
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v . 0 0 1 P a g e | 1
April 9, 2019 File ID: 19-0120
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CITY COUNCIL POLICY
505-04 (STATEMENT OF GOALS AND POLICIES REGARDING ESTABLISHMENT OF COMMUNITY
FACILITIES DISTRICTS)
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTERS 3.60 AND 3.61 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO COMMUNITY FACILITIES DISTRICTS GENERALLY AND THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT (FIRST READING)
RECOMMENDED ACTION
Council adopt the resolution and place the ordinance on first reading.
SUMMARY
Community Facilities Districts (CFDs) are used as a public financing mechanism in the City of Chula Vista.
The City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts (the “Goals and Policies”) and the City’s CFD Ordinance ratify and govern the use of CFDs in the
City. Codifying the CFD Ordinance as Chapter 3.60 of the Chula Vista Municipal Code (CVMC) and adopting
the Goals and Policies as City Council Policy 505-04 are recommended. Additional edits to the CFD
Ordinance to expand the list of authorized public facilities and services to include certain facilities and
services to be financed in a future special tax district on the Chula Vista Bayfront are also recommended,
along with the adoption of CVMC Chapter 3.61 (Bayfront Project Special Tax Financing District Procedural
Ordinance).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in
the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
The Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) provides local jurisdictions with
an alternative method of financing certain public capital facilities and services, especially in developing
areas and areas undergoing rehabilitation. Special tax districts formed pursuant to the Mello-Roos Act are
referred to as Community Facilities Districts, or CFDs. As a prerequisite to forming CFDs, the local
jurisdiction must first consider and adopt local goals and policies concerning use of the Mello-Roos Act.
On January 13, 1998, Council adopted the Goals and Policies via Resolution No. 18860. The approval of this
document ratified the use of CFDs in the City of Chula Vista as a public financing mechanism for (1) the
construction and/or acquisition of public infrastructure and (2) the financing of authorized public services.
The Goals and Policies were subsequently amended in July 1998, December 1998, and November 2013 via
Resolution Nos. 19103, 19300, and 2013-225, respectively.
Staff recommends adopting the Goals and Policies as City Council Policy Number 505-04 (Attachment 1).
Inclusion of the Goals and Policies in the City Council Policy Manual increases transparency and simplifies
administration. Minor textual edits are recommended, along with updates to reflect standard practices.
Substantive updates to the Goals and Policies include the following:
For districts issuing bonds, increasing the maximum period of capitalized interest from 18 months
to 36 months for tax-exempt financings and 48 months for taxable financings;
For maintenance and/or service districts, requiring the inclusion of life-cycle replacement costs for
maintained facilities in the rate and method of apportionment; and
For maintenance and/or service districts, requiring the authorization of annual inflationary
adjustments to the maximum special taxrates, to be based on the most specific applicable index.
In addition to adopting the Goals and Policies, on April 28, 1998 the Council adopted Ordinance 2730,
enacting the City of Chula Vista Community Facilities District Ordinance (the “CFD Ordinance”). In adopting
the CFD Ordinance pursuant to its Charter City authority, the City incorporated the Mello-Roos Act with
modifications to accomplish the following: (1) include all maintenance activities authorized by the
Landscaping and Lighting Act of 1972 (the “1972 Act”); (2) include maintenance activities not listed in the
Mello-Roos Act or the 1972 Act (i.e. monitoring activities on privately owned parcels within the Otay Ranch
Preserve and maintenance of pedestrian bridges and community gardens); and (3) establish an operating
reserve fund for open space districts.
Staff recommends codifying the CFD Ordinance as CVMC Chapter 3.60 (Community Facilities Districts –
General) for increased transparency and simplified administration. Updates to the ordinance for
consistency with CVMC standards are also recommended, including replacing the Declaration of Policy
section with a General Intent section, the addition of a Definitions section, and minor reordering of sections.
Additional modifications to further expand the list of explicitly authorized services and facilities are also
recommended, as described below.
Chula Vista BayfrontSpecial Tax District
On May 8, 2012, the City of Chula Vista and the San Diego Unified Port District entered into a Bayfront
Master Plan Financing Agreement (the “Financing Agreement”) for the Chula Vista Bayfront Master Plan
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P a g e | 3
(CVBMP). The Financing Agreement identified the rights and obligations of each agency, with respect to
the financing, development, and construction of public improvements, infrastructure, and a planned
convention/conference center in the CVBMP area. The Financing Agreement was subsequently amended
and restated to recognize additional rights and obligations of the respective agencies, effective June 20,
2017.
In Section 4.2.2(d) of the Financing Agreement both parties acknowledged a mutual desire to explore the
creation of a vehicle by which additional occupancy-based revenues in an amount up to one-half of the
current Transient Occupancy Tax (TOT) for the Bayfront project area could be applied to the cost of public
improvements and/or the planned convention/conference center. The Financing Agreement recognized
the creation of a district under the Mello-Roos Act or the CFD Ordinance as a possible public financing
mechanism for this purpose and the parties agreed to consider the creation of such a district.
Formation efforts for a Bayfront special tax district are underway and will be brought forward to the
Council for consideration in spring 2019. In undertaking the formation of the Bayfront special tax district,
the need to further amend the CFD Ordinance to authorize additional services and facilities not explicitly
authorized by the Mello-Roos Act was identified.
Additional services and facilities to be authorized include the following:
Public shuttle operations; and
Promotion of public events and tourism within the district; and
Security, sanitation, graffiti removal, street and sidewalk cleaning and other municipal services
supplemental to those normally provided by the City; and
Parking improvements; and
Energy efficiency, water conservation, and renewable energy improvements; and
Conference center facilities.
In further support of a future Bayfront special tax district, the adoption of CVMC Chapter 3.61 (Bayfront
Project Special Tax Financing District Procedural Ordinance) is recommended. As proposed, Chapter 3.61
establishes a procedure for financing certain public improvements and maintenance and services to serve
the CVBMP area, through the establishment of a Bayfront Project Special Tax Financing District (the
“Bayfront District”). Chapter 3.61 incorporates the provisions of the Mello-Roos Act and the California
Streets and Highways Code, while identifying certain provisions that will not apply or that will be modified.
Examples include the previously referenced allowance for three years of capitalized interest on tax-exempt
bonds and four years on taxable bonds, as compared with the two years authorized in the Mello-Roos Act.
Additional modifications and exclusions of Mello-Roos Act provisions largely relate to the formation
process for the future Bayfront District, which will require an election of landowners, not registered voters.
The Bayfront District special tax will be levied by hotel operators on transient occupants (hotel visitors).
The tax will not be assessed on traditional residential uses. As such, it is more appropriate for the district
electors to be the landowners, rather than the registered voters as required under the Mello-Roos Act.
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Next Steps
If approved, CVMC Chapters 3.60 and 3.61 will be effective 30 days after the second reading of the
ordinance. Staff intends to return with a Resolution of Intent to form the previously described Bayfront
District immediately following the effective date of the ordinance. The date of the public hearing to
consider establishment of the Bayfront District will be set at that time.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this
item does not present a disqualifying real property-related financial conflict of interest under California
Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t
Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact. All costs associated with preparation of the report and proposed
resolution and ordinance are funded byexisting current year appropriations.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact resulting from approving the resolution adopting City Council 505-04
(Statement of Goals and Policies Regarding Establishment of Community Facilities Districts) or codifying
the existing CFD Ordinance. Approving updates to the CFD Ordinance to allow for the financing of
additional facilities and services in CFDs and adopting the Bayfront Project Special Tax Financing District
Procedural Ordinance support development of the Chula Vista Bayfront.
ATTACHMENTS
1. Proposed City Council Policy 505-04 (Statement of Goals and Policies Regarding Establishment of
Community Facilities Districts)
Staff Contact: Tiffany Allen, Development Services Department
2019-04-09 Agenda Packet Page 61
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 1 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
BACKGROUND
The Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) and Ordinance No. 2730,
as amended from time to time and codified in Chapter 3.60 of the Chula Vista Municipal Code (the
“CFD Ordinance”) allows for the creation of Community Facilities Districts (CFDs) to finance certain
public capital facilities and services, especially in developing areas and areas undergoing rehabilitation.
As a prerequisite to forming CFDs pursuant to the Mello-Roos Act, each local jurisdiction must first
consider and adopt local goals and policies as described therein. The City first adopted the City of
Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts (the “Goals and Policies”) on January 13, 1998, via Resolution No. 18860. The Goals and
Policies were subsequently amended in July 1998, December 1998, and November 2013 via Resolution
Nos. 19103, 19300, and 2013-225, respectively. Inclusion of the “Goals and Policies” in the City
Council Policy Manual is recommended and are applicable to CFDs formed under the Mello-Roos Act
and the CFD Ordinance.
PURPOSE
The purpose of this Statement of Goals and Policies is to provide the City staff, the residents of the
City,and the owners and developers of property located within the City with guidance in the application
for,and consideration of, the establishment of community facilities districts for the purpose of financing
or assisting in financing the acquisition or construction of public infrastructure or the provision of
authorized public services to benefit and serve either existing or new development or a combination
thereof. The underlying principals behind this policy are the protection of the public interest, assuring
fairness in the application of special taxes to current and future property owners, assuring full disclosure
of the existence of any special tax liens, ensuring the creditworthiness of any community facilities
district special tax bonds, protecting the City's credit rating and financial position and assuring that
applicants for all community facilities district proceedings other than City initiated proceedings pay all
costs associated with the formation of any community facilities district.
POLICY
The City Council of the City of Chula Vista (hereafter the “City Council”) hereby establishes and states
its goals and policies concerning the use of Chapter 2.5 of Part I of Division 2 of Title 5 of the
Government Code of the State of California (hereafter the “Act”) in providing adequate public
infrastructure improvements and public services for the City of Chula Vista (the “City”). The following
goals and policies shall apply to all community facilities districts hereafter formed or proposed to be
formed by the City. Any policy or goal stated herein may be supplemented or amended by resolution
2019-04-09 Agenda Packet Page 62
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 2 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
of the City Council.
The scope of this policy is limited to the proposed formation of community facilities districts for the
limited purpose of financing or assisting in financing the acquisition or construction of public
infrastructure and/or the provision of authorized public services.
Introductory Statement
The City will consider applications initiated by owners or developers of vacant property proposed to be
developed, owners of property within existing developed areas, registered voters residing in existing
developed areas, or the City itself for the establishment of community facilities districts to finance
authorized public improvements or to provide authorized public services which benefit or serve existing
or new development or a combination thereof. A community facilities district or an improvement area
within a community facilities district proposed to be established to finance public improvements or
authorized services to serve new development may be referred to as a “Development Related CFD.”
Each application for the establishment of a community facilities district must comply with the
applicable goals and policies contained herein unless the City Council expressly grants an exception to
such policy or policies as they apply to a specific application.
Finding of Public Interest or Benefit
The City Council may authorize the initiation of proceedings to form a community facilities district to
finance authorized public improvements or to provide authorized public services if the City Council
determines that the public improvements to be financed or public services to be provided or, in the case
of a Development Related CFD, the attributes of the new development will provide, in the opinion of
the City Council, a public benefit to the community at large as well as the benefit to be derived by the
properties within the community facilities district.
Examples of public benefit to the community at large may include, but are not limited to the following:
1. Construction of a major public facility which meets a community need including, but
not limited to, a major arterial which will provide a vital roadway facility to alleviate congestion, water
storage facilities which will remedy inadequate fire flow, and storm drainage facilities which are a part
of the storm drainage master plan.
2. Provision of public infrastructure sooner than would otherwise be required for a
particular development project.
2019-04-09 Agenda Packet Page 63
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 3 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
3. Construction of public infrastructure to serve commercial or industrial projects which
will expand the City's employment and/or sales tax base.
4. Provision of maintenance or other authorized public services such as landscaping,
lighting, storm drain, flood control or open space maintenance necessary to promote or maintain quality
of life and public safety within existing or developing areas of the City.
Authorized Public Facilities
Improvements proposed to be financed through a community facilities district must be public
improvements which will be owned, operated or maintained by the City or another public agency or
public utility or to which the City is authorized to contribute revenue. The types of improvements
eligible to be financed must serve a whole neighborhood or commercial or industrial area or greater.
Such improvements include:
1. Streets and highways satisfying one or more of the following criteria:
A. identified in the Circulation Element of the City as collectors or arterials;
B. no direct access by abutting properties; or
C. minimum daily traffic volume of 3,500 ADT.
2. Sewer lines or other sewer facilities serving a minimum of 500 single family dwellings
or equivalent dwelling units or such other area of the community as the City Manager, or his or her
designee, may determine to otherwise be consistent with the intent of these goals and policies to be
located within authorized streets and highways or within other public rights-of-way shown on the
master plan of sewer facilities.
3. Water mains with a minimum diameter of 10" or other water facilities to be located
within authorized streets and highways or within other public rights-of-way shown on the master plan
of water facilities.
4. Drainage facilities serving a minimum of 100 acres or such other area of the community
as the City Manager, or his or her designee, may determine to otherwise be consistent with the intent
of these goals and policies or draining an eligible street.
5. Landscaping and irrigation facilities meeting one of the following criteria:
2019-04-09 Agenda Packet Page 64
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 4 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
A. Located within the right-of-way of a street or highway shown on the Circulation
Element of the City's General Plan;
B. Located adjacent to an adopted scenic route; or
C. Located within dedicated open space.
6. Reclaimed water facilities serving an area which benefits the area within the proposed
community facilities district.
7. Dry utilities serving a minimum of 500 single family dwelling units or equivalent
dwelling units or such other area of the community as the City Manager, or his or her designee, may
determine to otherwise be consistent with the intent of these goals and policies; provided, however, the
amount of special tax bond proceeds allocable to such dry utilities may not exceed that amount
permitted under Federal tax law and regulations to ensure the tax exempt status of interest on the
applicable special tax bonds.
8. Grading for eligible public streets; provided, however, grading for a Development
Related CFD must meet one of the following criteria:
A. Grading within the vertical planes of the right-of-way;
B. Slopes to City-owned open space or open space easement areas; or
C. Offsite roadway grading.
If the cut and fill within (A) and (B) do not balance, the cost of excavating, hauling and
compacting fill in the street is authorized to be financed. If there is excess material in
the street right-of-way, only the cost of excavating and hauling to private property within
the development project is eligible to be financed. The determination of balance will be
made on a total eligible street grading basis, not on an individual street basis.
9. Such other improvements as may be authorized by law and which the City Council
determines are consistent with the policies herein.
The City Council shall have the final determination as to the eligibility of any improvement for
financing, as well as the prioritization of financing of such improvements. Generally, “in-tract” (e.g.,
local streets or utilities) improvements which serve residential development will not be considered
eligible to be financed through a community facilities district unless requested by the owners or
registered voters of an existing residential development to remedy a threat, found to exist by the City
Council, to the public health or safety resulting from an existing deficiency in public improvements to
2019-04-09 Agenda Packet Page 65
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 5 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
serve such existing development.
Any public improvements proposed to be financed through a community facilities district must meet
all design and construction requirements and standards as may be established by the City. Any public
improvement, the construction of which is completed following the adoption of the resolution of
formation of a community facilities district, proposed to be acquired by the City from the owner or
developer of property within a Development Related CFD must be constructed as if such improvements
had been constructed under the direction and supervision, or under the authority of, the City.
Public improvements proposed to be acquired from the proceeds of special tax bonds or special taxes
shall not be acquired until all improvements for a particular Project (as defined below) are completed
and accepted by the City and the City Manager, or his or her designee, has certified the final cost of
such improvements. For purposes of this paragraph, a “Project” shall be defined as all improvements
within a particular street or easement including street improvements, sewer, drainage, utilities and
grading and which are authorized to be acquired by the community facilities district pursuant to an
acquisition and financing agreement by and between the City, acting on behalf of itself and the
community facilities district, and the property owner or developer who is responsible for the
construction of the public improvements (the “'Acquisition/Financing Agreement”). If improvements
within more than one (1) Project are authorized to be acquired through the community facilities district,
then the improvements within each Project may be acquired separately as all improvements within such
Project are completed and accepted by the City and the final costs certified. Each Project established
for any community facilities district and all improvements included within each such Project must be
described in the Acquisition/Financing Agreement for such community facilities district. If the
Acquisition/Financing Agreement has established more than one (1) Project for any community
facilities district, the Acquisition/Financing Agreement may authorize the partial release of funds to
pay for the acquisition of each Project when such Project is completed and accepted by the City.
The City Council may, in its sole discretion, elect to deviate from or waive the foregoing policy in its
consideration of the approval of an Acquisition/Financing Agreement for a community facilities district
to authorize the payment of the purchase price for each discrete component of a Project, i.e., an
individual improvement within a Project such as a sewer line within a Project which also includes street,
water and drainage improvements. In electing to deviate from or waive the foregoing policy, the City
Council may condition the payment of the purchase price for discrete components as the City Council
deems necessary to ensure the financial integrity of the community facilities district financing.
2019-04-09 Agenda Packet Page 66
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 6 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
Prioritization of Public Improvements
It is the policy of the City to give first priority to the provision of public improvements benefiting the
City in any community facilities district established by the City. It is secondarily the policy of the City,
in any community facilities district established by the City, to assist in the provision of other public
improvements to be owned, operated or maintained by other public agencies or public utilities.
Authorized Public Services
Public services proposed to be financed through a community facilities district may include:
1. Maintenance of parkways, medians and open space, including but not limited to,
maintenance of walls, fences, trail systems, pedestrian access systems and other facilities within such
open space, maintenance and preservation of habitat within such open space, and biota and other forms
of monitoring of plants, wildlife, use of wildlife corridors and habitat quality as a part of any such open
space maintenance program.
2. Maintenance of naturalized drainage and flood control facilities including, but not
limited to, channels and detention and desiltation basins.
3. Such other services as may be authorized by the Mello-Roos Act or by ordinance of the
City adopted pursuant to the charter authority of the City and which the City Council determines are
consistent with the goals and policies herein and are in the best interest of the City and the residents and
property owners within the community facilities district.
Incidental Costs
Eligible Incidental Costs
Eligible incidental costs which may be financed from the proceeds of special tax bonds issued for a
Development Related CFD or the special tax levied within a Development Related CFD shall be limited
to those incidental costs directly related to the improvements financed from the proceeds of such special
tax bonds or special tax revenues and may include:
1. Usual and customary design and engineering costs not to exceed the following
percentages:
A. Civil engineering - 7.5% of the cost of the improvements for which the
engineering was performed.
2019-04-09 Agenda Packet Page 67
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CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 7 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
B. Soils engineering - 15% of the cost of the applicable grading.
C. Landscape architecture - 10% of the cost of the applicable landscaping and
irrigation.
D. Surveying and construction staking - 2% of the combined cost of the civil
engineering improvements and grading for the applicable street and wet utilities.
E. Utility engineering/coordination -3% of the cost of the applicable dry utilities.
2. Construction administration and supervision not to exceed, in aggregate, 1.75% of the
total construction cost of the applicable public improvements.
3. Special engineering studies related to "collector" or "transmission" facilities. Eligibility
of such studies must be reviewed and approved by the Director of Development Services, or his or her
designee.
4. Plan check and inspection fees (less any refunds).
5. Capacity or connection fees related solely to the public improvements being acquired or
constructed as permitted under the Mello-Roos Act.
6. Capitalized interest on any community facilities district special tax bonds as authorized
by the City Council pursuant to these goals and policies.
7. Costs of acquisition of off-site rights-of-way and/or easements including the following:
A. Appraisal costs, including title reports.
B. Costs of preparing acquisition plats.
C. Appraised value or actual cost of right-of-way or easement, whichever is less.
D. Legal fees and cost related to eminent domain proceedings approved by the City
Attorney.
8. Reimbursement of funds advanced by the applicant to pay for (i) preformation costs
and/or (ii) costs of issuance incurred by or on behalf of the City.
9. Costs of environmental review, permitting and mitigation limited to the specific public
improvements proposed to be financed through the community facilities district.
Unless specified otherwise above, the City Manager, or his or her designee, shall review all incidental
2019-04-09 Agenda Packet Page 68
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 8 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
costs to ensure that such costs are customary and reasonable.
Ineligible Incidental Costs
The following costs are not eligible to be financed from the proceeds of community facilities district
special tax bonds:
1. Development impact fees; provided, however, the City Council may, in its sole
discretion, grant credit in an amount not to exceed the obligation for the payment of such fees if
improvements which would otherwise be financed from the proceeds of such fees are financed from
the proceeds of community facilities district special tax bonds or special taxes.
2. Administrative or overhead expenses, financial or legal fees incurred by an applicant for
the formation of a community facilities district. This limitation does not apply to amounts advanced by
the applicant to the City pursuant to the provisions of this policy to pay for preformation costs incurred
by the City. (See “Preformation Cost Deposits and Reimbursements” below.)
3. Land use planning and subdivision costs and environmental review costs related to such
land use planning and subdivision.
4. Planning Studies unless off-site.
5. Environmental impact reports unless off-site.
6. Construction loan interest.
7. Subdivision financial analysis.
8. Attorneys’ fees related to the land use entitlement or subdivision process unless off-site.
9. On site right-of-way and easements.
10. Any compensation payable to the City as consideration for the City's agreement to
provide the financing mechanism for the financing of the authorized improvements and eligible
incidental expenses and to acquire the authorized improvements pursuant to the terms and conditions
of an agreement with the City and the property owner or developer as appropriate.
11. Other overhead expenses incurred by the applicant.
Required Value-To-Debt Ratio
It is the policy of the City that the value-to-debt ratio for a community facilities district must be at least
2019-04-09 Agenda Packet Page 69
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 9 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
4:1. The calculated value-to-debt ratio shall reflect the full cash value of the properties subject to the
levy of special taxes, including the value of the improvements to be financed from the proceeds of the
issue or series of special tax bonds for which the value-to-debt ratio is being computed, compared to
the aggregate amount of the special tax lien proposed to be created plus any prior fixed assessment liens
and/or special tax liens. The required value-to-debt ratio shall be determined with respect to all taxable
property within the community facilities district in the aggregate and with respect to each development
area for which no final subdivision map has been filed.
A community facilities district with a value-to-debt ratio of less than 4:1 but equal to or greater than
3:1 may be approved, in the sole discretion of the City Council, upon a determination by the City
Manager, after consultation with the Finance Director, the bond counsel, the underwriter and the
financial advisor, that a value-to-debt ratio of less than 4:1 is financially prudent under the
circumstances of the particular community facilities district. In addition, the City Council may, in its
sole discretion, accept a form or forms of credit enhancement such as a letter of credit, bond insurance
or the escrow of bond proceeds to offset a deficiency in the required value-to-debt ratio as it applies to
the taxable property within the community facilities district in the aggregate or with respect to any
development area.
The value-to-debt ratio shall be determined based upon the full cash value of the properties subject to
the levy of the special tax as shown on the ad valorem assessment roll or upon an appraisal of the
properties proposed to be assessed; provided, however, the City Manager may require that the value-
to-debt ratio be determined by an appraisal if, in his or her judgement, the assessed values of the
properties proposed to be assessed do not reflect the current full cash value of such properties. The
appraisal shall be coordinated by, done under the direction of, and addressed to the City. The appraisal
shall be undertaken by a state certified real estate appraiser, as defined in Business and Professions
Code Section 11340. The appraiser shall be selected and retained by the City or the City's financial
advisor. The costs associated with the preparation of the appraisal report shall be paid by the applicant
for the community facilities district and shall be subject to possible reimbursement as provided for
herein. The appraisal shall be conducted in accordance with assumptions and criteria established by the
City, based upon generally accepted appraisal standards or state recommended standards for similar
appraisals conducted for the same purpose.
The City reserves the right to require a market absorption study for any Development Related CFD. In
any such case the City shall retain, at the applicant's sole expense but subject to reimbursement as
provided for herein, a consultant to prepare a report to verify or establish the projected market
absorption for and the projected sales prices of the properties proposed to be included within the
2019-04-09 Agenda Packet Page 70
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 10 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
community facilities district. If a market absorption study is conducted, the appraiser shall utilize the
conclusions of the market absorption study in conducting the appraisal of the properties within the
proposed community facilities district or shall justify, to the satisfaction of the City Manager, why such
conclusions were not utilized in conducting such appraisal.
Criteria for Appraisals
Definition of Appraisal
For purposes of these goals and policies, an appraisal shall mean a written statement independently and
impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately
described property as of a specific date, supported by the presentation and analysis of relevant market
information.
Contents of the Appraisal
An appraisal should reflect nationally recognized appraisal standards, including, to the extent
appropriate, the Uniform Standards of Professional Appraisal Practice. An appraisal must contain
sufficient documentation, including valuation data and the appraiser's analysis of such data, to support
the appraiser's opinion of value. At a minimum, the appraisal shall contain the following:
1. Purpose of the Appraisal. This should include the reason for the appraisal, a definition
of all values required, and the property rights being appraised.
2. Area, City and Neighborhood Data. These data should include such information as
directly affects the appraised property together with the appraiser's conclusions as to significant trends.
3. Property Data. This should include a detailed physical description of the property, its
size, shape, soil conditions, topography, improvements, and other physical characteristics which affect
the property being appraised. The availability, capacity of, and proximity to, utilities and other
infrastructure should also be discussed.
4. Title Condition. The condition of title to the property appraised should be discussed
based upon the appraiser’s examination of a title report of the property appraised. The appraiser should
analyze and discuss those title issues which are concluded to impact the value of the property being
appraised.
2019-04-09 Agenda Packet Page 71
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 11 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
5. Improvement Condition.
A. The appraiser shall value the property within the community facilities district on
an “as-is” basis taking into consideration the value associated with the public
improvements to be funded from the proceeds of the issue of bonds for which
the appraisal is being undertaken. The property in the community facilities
district shall be valued as if it were free and clear of any special taxes and
assessments, if any, so that a proper comparison of value-to-debt can be
determined. In determining his or her conclusion of value, the appraiser may
consider the value of the property in the community facilities district under
different market conditions. This may consist of valuing the property as if it
were sold to a single purchaser in bulk or sold to several purchasers in portions
or pieces.
B. Land parcels which have been developed with residences and subsequently sold
should at a minimum indicate land parcel size, number of lots, density, number
of plans, square footage, room counts, year construction was initiated, year of
completion, and when sales were initiated.
C. Land parcels with residential product under construction or with standing
inventory should be described as in A. above and include a summary of the stage
of development regarding the number of units completed, number of models,
status of units under construction, finished lots and mass-graded or raw lots. In
addition, a comment on the marketability of the units (architecture, size, etc.) is
appropriate.
D. Land parcels which have been developed with income-producing (or owner-
occupied) commercial/retail, industrial, hotels, apartments, offices, etc., should
be described as follows:
i. Commercial-Retail - Land parcel size; basic construction type; typical
tenant improvements (and who is responsible for their construction);
leasable area, when construction was initiated; and date of completion.
ii. Industrial - Land parcel size; basic construction type, whether single or
multi-tenant; typical office build-out as percentage of total area, when
construction was initiated; and date of completion.
2019-04-09 Agenda Packet Page 72
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 12 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
iii. Hotels – Land parcel size; basic construction type; number of rooms;
dining, recreation, convention space, meeting rooms, and other
amenities.
iv. Apartments -Land parcel size; basic construction type; number of stories;
number of units; unit mix; size; total rentable area, when construction
was initiated; and date of completion.
v. Office - Land parcel size; basic construction type; typical tenant
improvements/allowance; net rentable area, when construction was
initiated; and date of completion.
6. General Plan Classification. Describe the General Plan classification of the subject and
comparable properties.
7. Zoning. Describe the zoning for the subject and comparable properties. Note any
discrepancy between General Plan classification and zoning. If rezoning is imminent, discuss further
under Item 8 below.
8. Analysis of Highest and Best Use. The report should state and support the highest and
best use to which a property can be put and recognize that land is appraised as though vacant and
available for development to its highest and best use, and the improvements are based on their actual
contribution to the site.
9. Statement of Value. The appraiser's opinion of the value of the specified property rights,
prepared according to all relevant and reliable approaches to value consistent with commonly accepted
professional appraisal practices. If a discounted cash flow analysis is used, it should be supported by at
least one other valuation method such as sales comparison approach utilizing sales of properties that
are in the same stage of development. If more than one valuation approach is used, the appraiser shall
include an analysis and reconciliation of such approaches to support the appraiser's opinion of value.
10. Certification. Certification of appraiser and permission to reproduce and use the
appraisal report as required for bond issuance.
Maximum Aggregate Taxes and Assessments
It is the policy of the City that the maximum annual special tax installment applicable to any parcel
used for residential purposes (not including motels, hotels, campsites, or other short-term lodging, as
determined by the City) shall not exceed one percent (1%) of the sale price of newly developed
2019-04-09 Agenda Packet Page 73
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 13 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
properties subject to the levy of the special tax (the “Newly Developed Properties”) as of the date of
the close of escrow of the initial sale of any residential dwelling unit to such residential home owner.
As a distinct and separate requirement, the total of the following taxes, assessments described in 4.
below and special taxes appearing on the property tax bill, shall not exceed two (2%) of such initial
sales price of Newly Developed Properties:
1. Ad valorem property taxes.
2. Voter approved ad valorem property taxes in excess of one percent (1%) of the assessed
value of the subject properties.
3. The maximum annual special taxes levied by the community facilities district under
consideration and any other community facilities district or other public agency excepting therefrom
special taxes levied by a community facilities district formed or under consideration for formation for
the purpose of providing services such as open space maintenance, landscape maintenance and preserve
maintenance.
4. The annual assessment installments, including any administrative surcharge, for any
existing assessment district where such assessment installments are utilized to pay debt service on bonds
issued for such assessment district. Annual assessment installments for maintenance and services shall
not be included in the assessments calculated in determining the aggregate tax, assessment and special
tax obligation for a parcel.
The applicant for the establishment of any Development Related CFD which includes residential
development subject to the foregoing limitations shall be required to enter into an agreement with the
City or the community facilities district requiring the prepayment by the applicant of that portion of the
special tax obligation applicable to any parcel used for residential purposes in order to reduce the annual
maximum special tax obligation so that the maximum annual special tax installment shall not exceed
1% of the sales price for such parcel and the total taxes, assessments and special taxes does not exceed
2% of such sales price.
Special Tax Requirements
The rate and method of apportionment of the special tax for any community facilities district shall
adhere to the following requirements:
2019-04-09 Agenda Packet Page 74
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 14 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
1. The maximum special tax shall be adequate to include an amount necessary to pay for
the expenses incurred by such community facilities district in the levy and collection of the special tax
and the administration of the special tax bonds and the community facilities district.
2. The maximum projected annual special tax revenues must equal 110% of the projected
annual gross debt service on any bonds of the community facilities district.
3. A backup special tax shall be required for any Development Related CFD to protect
against changes in density resulting in the generation of insufficient special tax revenues to pay annual
debt service and administrative expenses, unless the City Manager, or his or her designee, based on the
advice of the financial advisor, special tax consultant or underwriter determines that a backup special
tax is not needed under the special tax formula for such Development Related CFD. The City Council
may additionally or alternatively require that as a condition of approval of the downsizing of the
development in a Development Related CFD at the request of the applicant or the applicant's successor-
in-interest, the applicant or the applicant's successor-in-interest, as applicable, may be required to
prepay such portion of the special tax obligation as may be necessary in the determination of the City
to ensure that adequate debt service coverage exists with respect to any outstanding bonds or otherwise
provides security in a form and amount deemed necessary by the City Council to provide for the
payment of debt service on the bonds.
4. All developed and undeveloped property within any community facilities district which
is not otherwise statutorily exempt from the levy of special taxes shall bear its appropriate share of the
community facilities district’s aggregate special tax obligation from the date of formation of the
community facilities district consistent with the other goals and policies set forth herein.
5. A partial and/or total prepayment option shall be included in any rate and method of
apportionment of special taxes to pay for public facilities. No prepayment shall be permitted of a special
tax levied to finance authorized services and/or maintenance.
6. The maximum special tax to pay for public facilities shall be levied against any parcel
used for private residential purposes in the first fiscal year following the fiscal year in which the building
permit for the construction of a residential dwelling unit on such parcel is issued and such maximum
special tax may not escalate after the first fiscal year in which such special tax is so levied.
7. The rate and method of apportionment of a special tax to pay for public facilities shall
specify a fiscal year beyond which the special tax may not be levied on any parcel used for private
2019-04-09 Agenda Packet Page 75
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 15 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
residential purposes. A special tax to pay for public services and/or maintenance shall have no
termination date unless established by the City Council.
8. The rate and method of apportionment of a special tax to pay for public services and/or
maintenance shall include life-cycle replacement costs for maintained facilities, as determined by the
City Manager, or his or her designee.
9. The rate and method of apportionment of a special tax to pay for public services and/or
maintenance shall authorize annual inflationary adjustments to the maximum special tax. The
authorized adjustments shall be based upon industry standard published indices, or such other data as
may be approved by the City Manager, or his or her designee. In all instances, it shall be the policy of
the City to employ the most specific applicable index. Examples include applying the Consumer Price
Index for Urban Wage Earners and Clerical Workers to labor costs and applying the Construction Cost
Index to asset replacement costs.
Terms and Conditions of Special Tax Bonds
All terms and conditions of any special tax bonds issued by the City for any community facilities
district, including, without limitation, the sizing, timing, term, interest rates, discount, redemption
features, flow of funds, investment provisions and foreclosure covenants, shall be established by the
City. Each special tax bond issue shall be structured to adequately protect bond owners and to avoid
negatively impacting the bonding capacity or credit worthiness of the City. Unless otherwise approved
by the City Council, the following shall serve as minimum bond requirements:
1. A reserve fund shall be established for each bond issue to be funded out of the bond
proceeds in an amount equal to 10% of the original proceeds of the bonds or such lesser amount as may
be required by federal tax law.
2. Interest shall be capitalized for a bond issue only so long as necessary to place the special
tax installments on the assessment roll; provided, however, interest may be capitalized for a term to be
established in the sole discretion of the City Council on a case-by-case basis, not to exceed an aggregate
of 24 months, taking into consideration the value-to-debt ratio, the expected timing of initial occupancy
dates for the private improvements being constructed, expected absorption and buildout of the project,
the expected construction and completion schedule for the public improvements to be funded from the
proceeds of the bond issue in question, the size of the bond issue, the development pro forma and the
equity position of the applicant and such other factors as the City Council may deem relevant.
2019-04-09 Agenda Packet Page 76
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CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 16 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
3. In instances where multiple series of bonds are to be issued, the City shall determine
what improvements shall be financed from the proceeds of each series of bonds.
4. Neither the faith, credit or taxing power of the City shall be pledged to the payment of
the bonds. The sole source of revenue for the payment of the bonds shall be the special taxes, capitalized
interest, if any, and moneys on deposit in the reserve fund established for such bonds.
Discharge of Special Tax Obligation
It is the policy of the City that the special tax obligation related to the financing of the acquisition or
construction of public improvements may be prepaid and discharged in whole or in part at any time.
The applicant for the formation of a Development Related CFD must provide notice and opportunity
for the purchasers of property within such community facilities district to prepay the special tax
obligation applicable to such property at the time of the close of escrow.
The applicant for the formation of a Development Related CFD must prepare and present a plan,
satisfactory to the City Council, prior to the public hearing to consider the formation of such community
facilities district describing how the prospective purchaser will be notified of the existence of the special
tax lien and the options which the prospective purchaser has regarding the prepayment and discharge
of the special tax obligation.
Disclosure to Property Purchasers in Development Related CFD's
The applicant for the formation of a Development Related CFD will be required to demonstrate to the
satisfaction of the City Manager (when the term City Manager is used herein it shall mean the City
Manager or his or her designee) that there will be full disclosure of the special tax obligation for such
community facilities district and of any and all other special taxes or assessments on individual parcels
to prospective purchasers or lessees of property within such community facilities district, including
interim purchasers, merchant builders, residential homeowners and commercial or industrial purchasers
or lessees.
Such notice must include all of the following in addition to such other provisions as may be required
by the Mello-Roos Act, the Municipal Code of the City or the applicant may deem necessary:
1. Provide for full disclosure of the existence of the special tax lien and any other
assessment or special tax obligation applicable to the properties within the community facilities district
(whether imposed by the City or any other public agency), including the principal amount of the special
2019-04-09 Agenda Packet Page 77
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 17 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
tax obligation and any other applicable assessment or special tax obligation, term of each of the
assessment or special tax liens and the amount of the expected payments of the special taxes and the
maximum authorized special tax.
2. Disclose the option to prepay the special tax to pay for public facilities or allow the
special tax to pay for public facilities to be passed through to the purchaser of such property and the
adjustment, if any, in the sales price of the homes or other property which will apply if the special tax
lien is passed through. Provide the ability for the prospective purchaser to elect to exercise the option
either to prepay the special tax obligation for facilities at the close of escrow or to have the special taxes
included in the property taxes for the property. Such disclosure shall be placed in all sales brochures,
all other on-site advertising and all purchase documents.
3. Specify in all disclosure documents the name, title, telephone number and address of a
representative of the City as provided to the applicant who may be contacted by any prospective
purchaser of property within the community facilities district for further information regarding the
community facilities district and the special tax liens.
The applicant must agree to provide an original copy of all applicable disclosure documents to the City
prior to initiating property sales.
Preformation Cost Deposits and Reimbursements
Except for those applications for community facilities districts where the City is the applicant, all City
and consultant costs incurred in the evaluation of applications and the proceedings to form a community
facilities district and issue special tax bonds therefor will be paid by the applicant by advance deposit
with the City of moneys sufficient to pay all such costs.
Each application for the formation of a community facilities district shall be accompanied by an initial
deposit in an amount to be determined by the City Manager to be adequate to fund the evaluation of the
application and undertake the proceedings to form the community facilities district and issue the special
tax bonds therefor. The City Manager may, in his or her sole discretion, permit an applicant to make
periodic deposits to cover such expenses rather than a single lump sum deposit; provided, however, no
preformation costs shall be incurred by the City in excess of the amount then on deposit for such
purposes. If additional funds are required to pay required preformation costs, the City Manager may
make written demand upon the applicant for such additional funds and the applicant shall deposit such
additional funds with the City within five (5) working days of the date of receipt of such demand. Upon
the depletion of the funds deposited by applicant for preformation costs, all proceedings shall be
2019-04-09 Agenda Packet Page 78
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 18 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
suspended until receipt by the City of such additional funds as the City Manager may demand.
The deposits shall be used by the City to pay for costs and expenses incurred by the City incident to the
evaluation of the application and the proceedings for the formation of the community facilities district
and the issuance of the special tax bonds therefor, including, but not limited to, legal, special tax
consultant, engineering, appraisal, market absorption, financial advisor, administrative and staff costs
and expenses, required notifications, printing and publication costs.
The City shall refund any unexpended portion of the deposits upon the occurrence of one of the
following events:
1. The formation of the community facilities district or the issuance of the special tax
bonds;
2. The formation of the community facilities district or the issuance of the special tax bonds
is disapproved by the City Council;
3. The proceedings for the formation of the community facilities district and the issuance
of the special tax bonds are abandoned at the written request of the applicant; or
4. The City has determined that the special tax bonds will not be issued and sold.
Except as otherwise provided herein, the applicant shall be entitled, at the option of the applicant, to
reimbursement of, or credit against, special taxes for all amounts deposited with the City to pay for
costs incident to the evaluation of the application and the proceedings for the formation of the
community facilities district and the issuance of the special tax bonds therefor upon the formation of
the community facilities district and the successful issuance and sale of the special tax bonds for the
community facilities district. Any such reimbursement shall be payable solely from the proceeds of the
special tax bonds.
The City shall not accrue or pay interest on any moneys deposited with the City.
Selection of Consultants
The City shall select and retain all consultants necessary for the evaluation of any application and the
proceedings for the formation of a community facilities district and the issuance of the special tax bonds
therefor, including, but not limited to, special tax consultant, bond counsel, financial advisor,
underwriter, appraiser, and market absorption analyst after consultation with the applicant.
2019-04-09 Agenda Packet Page 79
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 19 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
Land Use Approvals
Properties proposed to be included in a Development Related CFD must have received such
discretionary land use approvals as may, in the determination of the City Manager, or his or her
designee, be necessary to enable the City to adequately evaluate the community facilities district
including the properties to be included and the improvements proposed to be financed. The City will
issue bonds secured by the levy of special taxes within a Development Related CFD when (i) the
properties included within such community facilities district have received those applicable
discretionary land use approvals which would permit the development of such properties consistent
with the assumptions utilized in the development of the rate and method of apportionment of the special
taxes for such community facilities district; (ii) applicable environmental review has been completed;
and (iii) the City has determined that the other prerequisites to a bond sale have been satisfied.
It is the policy of the City Council in granting approval for development such as zoning, specific plan
or subdivision approval to grant such approval as a part of the City’s ongoing planning and land use
approval process. In granting such approval, the City reserves such rights as may be permitted by law
to modify such approvals in the future as the City Council determines the public health, safety, welfare
and interest may require. Such approval when granted is subject to a condition that the construction of
any part of the development does not, standing alone, grant any rights to complete the development of
the remainder of such development. Construction of public improvements to serve undeveloped land
financed through a community facilities district shall not vest any rights to the then existing land use
approvals for the property assessed for such improvements or to any particular level, type or intensity
of development or use. Applicants for a Development Related CFD must include an express
acknowledgment of this policy and shall expressly waive on their behalf and on behalf of their
successors and assigns any cause of action at law or in equity including, but not limited to, taking or
damaging of property, for reassessment of property or denial of any right protected by USC Section
1983 which might be applicable to the properties to be assessed.
Application Procedure for Development Related CFD's
Any application for the establishment of a community facilities district shall contain such information
and be submitted in such form as the City Manager may require. In addition to such information as the
City Manager may require, each application must contain:
2019-04-09 Agenda Packet Page 80
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 20 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
1. Proof of authorization to submit the application on behalf of the owner of the property
for which the application is submitted if the applicant is not the owner of such property.
2. Evidence satisfactory to the City Manager that the applicant represents or has the consent
of the owners of not less than 67%, by area, of the property proposed to be subject to the levy of the
special tax.
3. For any Development Related CFD proposed to finance improvements to benefit new
development, a business plan for the development of the property within the proposed community
facilities district and such additional financial information as the City Manager may deem necessary to
adequately review the financial feasibility of the community facilities district. For Development
Related CFD’s proposed to finance improvements to benefit new development, the applicant must
demonstrate to the satisfaction of the City Manager the ability of the owner of the property proposed to
be developed to pay the special tax installments for the community facilities district and any other
assessments, special taxes and ad valorem taxes on such property until full build out of the property.
It is the intention of the City Council that applicants for a community facilities district have an early
opportunity to have the application reviewed by City staff for compliance with this policy. In that
regard, the City Council hereby directs the City Manager to create a community facilities district
application review committee composed of the City Attorney, Director of Public Works, City Engineer,
Director of Development Services, and Finance Director,or their designees, and such additional persons
as the City Manager may deem necessary. The committee maymeet with the applicant for a community
facilities district for the purpose of reviewing an application to form a community facilities district
following the determination by the City Manager, or his or her designee, that the information contained
in the application for such community facilities district complies with the requirements of this policy.
Following the review of such an application, the committee shall prepare and submit a report to the City
Manager containing the findings and recommendations of the committee regarding the application.
Following review of the committee report, the City Manager shall place the application on the City
Council agenda for review. After review of the application and consideration of the committee report,
the City Council shall determine whether or not to approve the initiation of proceedings to form the
community facilities district. The decision of the City Council pertaining to the application shall be
final.
The ability of a property owner or developer to obtain financing of public improvements from the
proceeds of tax-exempt bonds provides substantial economic benefits to such owner or developer not
the least of which may be the financing of such improvements at interest rates substantially lower than
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 21 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
conventional financing interest rates, if such conventional financing is available, and/or the ability to
obtain financing without providing equity compensation to the lender. In providing such financing for
a Development Related CFD the City Council believes that the City is providing valuable consideration
to the property owner or developer and should be receive consideration in exchange. It is the goal of
the City to ensure that the City and the remainder of its residents, property owners and taxpayers are
compensated for the consideration provided to the property owner or developer of a Development
Related CFD and that such compensation should be one percent (1%) of the total authorized bonded
indebtedness for such a community facilities district. Prior to the issuance of special tax bonds for any
Development Related CFD, the applicant shall pay to the City the pro rata amount of any compensation
payable to the City as consideration for the City's agreement to provide the financing mechanism for
the financing of the authorized improvements and eligible incidental expenses and to acquire the
authorized improvements pursuant to the terms and conditions of an agreement between the City and
the property owner or developer as appropriate. For example, if the compensation payable to the City
for such consideration is $100,000 for a Development Related CFD where the total authorized bonded
indebtedness is $10,000,000 and the series of special tax bonds to be initially issued is $5,000,000, the
compensation payable to the City prior to the issuance of the initial series of bonds will be the principal
amount of the initial bond issue ($5,000,000) divided by the total amount of the authorized bonded
indebtedness ($10,000,000) multiplied by the total compensation for such Development Related CFD
($100,000). In this example, the compensation payable prior to the issuance of the first series of bonds
would be:$5,000,000$10,000,000 × $100,000 = $50,000
Community Facilities Districts for Energy Efficiency, Water Conservation, and Renewable
Energy Improvements
Introductory Statement
Senate Bill No. 555 (Statutes 2011, Chapter 493) amended the Mello-Roos Act to authorize the use of
community facilities districts for financing energy efficiency, water conservation, and renewable energy
improvements to privately or publicly owned real property and buildings.
In particular, Senate Bill No. 555 added section 53328.1 to the Mello-Roos Act, thereby authorizing
special taxes to be levied only with the unanimous consent of all owners of property to be taxed by such
a district.
2019-04-09 Agenda Packet Page 82
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 22 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
In light of the legislative findings in section 8 of Senate Bill No. 555, the City Council may determine
to establish one or more programs through which the City may use section 53328.1 of the Mello-Roos
Act and the related provisions added to the Mello-Roos Act by Senate Bill No. 555 to provide special
tax financing for improvements and properties that meet the criteria set forth in the hearing report
prepared in connection with the establishment of any such program (each a “Program”). The City will
administer each Program or contract with a third-party to administer such program (a “Program
Administrator”).
With respect to financings done through a Program, the goals and policies set forth in this section, as
such goals and policies may be amended from time to time, supersede any other goals and policies
adopted by the City concerning the use of the Mello-Roos Act.
1. Eligible Improvements. A program may be used to finance or refinance the acquisition,
installation, and improvement of energy efficiency, water conservation, and renewable energy
improvements on real property and in or on buildings, whether the real property or buildings are
privately or publicly owned, subject to the following:
A. For privately owned real property and buildings, each owner must consent in
advance to the financing, in writing.
B. Financing through a Program is not available for the initial construction of
privately-owned residential buildings unless that initial construction is
undertaken by the intended owner or occupant.
The City is not establishing any priorities with respect to the financing of Eligible Improvements.
Priority for financing shall be considered on a case by case basis as determined by the City or the
applicable Program Administrator in accordance with the hearing report prepared in connection with
the related Program, as amended or modified from time to time (each a “Hearing Report”). No services
(as defined by Government Code Section 53313) will be financed through any Program.
1. Notice to Prospective Owners. To ensure that prospective purchasers of property subject
to a special tax levied through a Program are fully informed about the tax, the related Program
Administrator will record a notice of special-tax lien for each participating property as required by the
Mello-Roos Actand will provide the seller of each with a disclosure notice that satisfies section 53340.2
of the Mello-Roos Act and California Civil Code section 1102.6b.
2. Financing Limits. For each property. the minimum funding request and maximum
amount financed shall be determined in accordance with the Hearing Report. It is not expected that the
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Statement of Goals and Policies Regarding
Establishment of Community Facilities
Districts
POLICY
NUMBER
EFFECTIVE
DATE PAGE
505-04 23 OF 23
ADOPTED BY: (Resolution No.)DATED:
AMENDED BY: Resolution No. (date of resolution)
City will issue bonds in connection with any Program. If the City issues bonds in connection with a
Program, the City will establish policies concerning the credit quality of such bonds on a case by case
basis.
3. Underwriting Requirements for Financings. For each property, the financing of Eligible
Improvements on that property must meet the eligibility requirements set forth in the Hearing Report.
The Hearing Report may be amended or modified from time to time as specified therein or the City
Council may waive or modify any requirement in the Hearing Report on a case by case basis.
4. Maximum Annual Special Tax. The total annual aggregate amount of property taxes
and assessments on each property that participates in a Program, including the special tax imposed
through such Program may not exceed five percent (5%) of the value of the property. The value of the
property will be derived from the assessed value, the appraised value, or an estimate of value based
upon data supplied by a reputable real estate information service. If appraisals are used to determine
value for any purpose of a Program, the definitions, standards, and assumptions to be used in such
appraisals shall be determined on a case by case basis by the City or the related Program Administrator.
5. Administration Costs. The annual special tax for each property that participates in a
Program must be in an amount sufficient (i) to finance or refinance the Eligible Improvements for such
property and (ii) to pay the property’s pro-rata share of the City’s and the related Program
Administrators costs to administer such Program.
6. Minimum Standards; Waiver and Amendment. The policies set forth in this section
reflect the minimum standards under which the City will make use of the Mello-Roos Act to finance
Eligible Improvements. The City may, in its discretion, require additional measures and procedures,
enhanced security and higher standards in particular cases. The City may, in its discretion and to the
extent permitted by law, waive any of the policies set forth herein. Such waivers are granted only by
action of the City Council. The goals and policies set forth in this section may be amended at any time
and from time to time by the City.
2019-04-09 Agenda Packet Page 84
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING CITY COUNCIL POLICY 505-04
(STATEMENT OF GOALS AND POLICIES REGARDING
ESTABLISHMENT OF COMMUNITY FACILITIES
DISTRICTS)
WHEREAS, Chula Vista Municipal Code (CVMC) Section 2.04.010 authorizes the City
Council to adopt, by resolution, necessary and desirable policies pursuant to the CVMC, and
instructs that such policies shall be maintained in the City Council Policy Manual; and
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”)
provides local jurisdictions an alternative method of financing certain public capital facilities and
services, especially in developing areas and areas undergoing rehabilitation; and
WHEREAS, as a prerequisite to forming Community Facilities Districts (CFDs) pursuant
to the Mello-Roos Act, the local jurisdiction must first consider and adopt local goals and
policies concerning use of the Mello-Roos Act; and
WHEREAS, on January 13, 1998, the Council adopted the “City of Chula Vista
Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts”
(the “Goals and Policies”) via Resolution No. 18860; and
WHEREAS, the Goals and Policies were subsequently amended in July 1998, December
1998, and November 2013 via Resolution Nos. 19103, 19300, and 2013-225, respectively; and
WHEREAS, Ordinance No. 2730 (the “CFD Ordinance”) allows the City to exercise its
Charter powers to establish a CFD pursuant to the CFD Ordinance and the City wishes to make
the Goals and Policies applicable to CFDs formed thereunder; and
WHEREAS, the City wishes to adopt the existing Goals and Policies as City Council
Policy 505-04, with modifications as set forth in Exhibit 1, attached hereto and incorporated
herein by this reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby adopts City Council Policy 505-04 (Statement of Goals and Policies
Regarding Establishment of Community Facilities Districts) as set forth in Exhibit 1 to this
Resolution, attached hereto and incorporated herein by this reference.
2019-04-09 Agenda Packet Page 85
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2019-04-09 Agenda Packet Page 86
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780EE316\@BCL@780EE316.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTERS 3.60 AND 3.61 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO COMMUNITY
FACILITIES DISTRICTS GENERALLY AND THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
WHEREAS, the City of Chula Vista (the “City”) is a municipal corporation and charter
city duly organized and existing under a freeholder’s charter pursuant to which the City has the
right and power to make and enforce all laws and regulations with respect to municipal affairs
and certain other matters in accordance with and as more particularly provided in Sections 3, 5,
and 7 of Article XI of the Constitution of the State of California (the “Constitution”) and the
Charter of the City (the “Charter”); and
WHEREAS, the Mello-Roos Community Facilities Act of 1982, as amended (the “Mello-
Roos Act”), provides the City with an alternative method of financing certain public capital
facilities and services, especially in developing areas and areas undergoing rehabilitation; and
WHEREAS, on April 28, 1998, the City Council adopted Ordinance 2730, enacting the
City of Chula Vista Community Facilities District Ordinance (the “CFD Ordinance”); and
WHEREAS, the CFD Ordinance authorizes community facilities districts to finance
habitat maintenance and the monitoring of biological resources and certain maintenance services
authorized to be financed through the Landscape and Lighting Act of 1972, but not expressly
authorized in the Mello-Roos Act; and
WHEREAS, the City Council desires to authorize additional services and facilities to be
financed in community facilities districts, including public shuttle operations; promotion of
public events and tourism within districts; security, sanitation, graffiti removal, street and
sidewalk cleaning, and other municipal services within districts supplemental to those normally
provided by the City; parking improvements; energy efficiency, water conservation, and
renewable energy improvements; ecological and sustainability educational improvements; and
convention center facilities; and
WHEREAS, the City Council also desires to establish a procedure for financing certain
public capital facilities and services through the establishment of the Bayfront Project Special
Tax Financing District; and
WHEREAS, the City Council of the City, acting under and pursuant to the powers
reserved to the City under Sections 3, 5, and 7 of the Constitution and the Charter, finds that the
public interest and necessity require the enactment of this ordinance to authorize, and establish
the authorization and procedure for, the formation of community facilities districts by the City to
2019-04-09 Agenda Packet Page 87
Ordinance
Page 2
finance such additional public services and facilities not authorized by the Mello-Roos Act as the
City Council may deem necessary.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.Chapter 3.60 is hereby added to the Chula Vista Municipal Code to read as
follows:
Chapter 3.60
Community Facilities Districts - General
Sections:
3.60.010 Short title.
3.60.020 General intent.
3.60.030 Definitions.
3.60.040 Authority and procedure.
3.60.050 Nonexclusivity.
3.60.060 Amendments to Mello-Roos Act.
3.60.010 Short title.
This chapter shall be known as and may be cited as the “City of Chula Vista Community
Facilities District Ordinance.”
3.60.020 General intent.
The City Council intends to permit the financing of public services and facilities pursuant
to the authorization and procedure set forth in this chapter, as well as by any other
method permitted by law. This chapter is enacted pursuant to the powers reserved to the
City under Sections 3, 5, and 7 of Article XI of the California Constitution and the City
Charter.
3.60.030 Definitions.
“Improvements” means improvements, as defined in Streets and Highways Code Section
22525 and pedestrian bridges.
“Maintenance” means maintenance, as defined in Streets and Highways Code Section
22531.
“Mello-Roos Act” means the Mello-Roos Community Facilities Act of 1982 (Chapter
2.5, commencing with Section 53311 of Part 1, Article 2, Title 5 of the California
Government Code), as amended from time to time.
“Servicing” means servicing, as defined in Streets and Highways Code Section 22538.
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Ordinance
Page 3
3.60.040 Authority and procedure.
Whenever the public interest and necessity so require, the City Council of the City may,
acting under and pursuant to this chapter, establish a community facilities district as
provided for in the Mello-Roos Act, as modified herein. Except as otherwise provided in
this chapter, the provisions of the Mello-Roos Act, now in effect or as such act may be
amended from time to time, are hereby incorporated in this chapter by this reference and
made a part hereof.
3.60.050 Nonexclusivity.
The provisions of this chapter are not exclusive. The power and authority conferred upon
the City Council by the provisions of this chapter are in addition to and supplemental to
the powers conferred by the Charter, any other ordinance of the City, or law.
Additionally, the City Council may elect to follow the procedures now or hereafter
provided by general law, including without limitation, the Mello-Roos Act; provided,
however, that whenever the City is acting pursuant to this chapter the provisions of this
chapter shall be controlling to the extent that they are in conflict with any of the
provisions of such general law, including the Mello-Roos Act.
3.60.060 Amendments to Mello-Roos Act.
A. The services authorized to be financed pursuant to Government Code Section
53313 are hereby amended to add and include:
1. The maintenance, operation and management of public property in which
the City of Chula Vista has a property interest in or private property that is
required to be dedicated or maintained as open space or for habitat
preservation or both. Such property may be located outside the boundaries
of the applicable community facilities district and outside the
jurisdictional boundaries of the City. Such maintenance, operation and
management shall mean the furnishing of services and materials for the
ordinary and usual maintenance, operation and management of any open
space or habitat area as may be required by the City or other public agency
charged with the responsibility to maintain, operate, or manage any such
area. Such services may include but shall not be limited to the following:
a. Repair, removal or replacement of any improvement, structure or
facility necessary or convenient to the maintenance, operation or
management of the open space or habitat area; and
b. Providing for the life, growth, health, and beauty of habitat,
including the cultivation, irrigation, trimming, spraying, fertilizing,
or treating of disease or injury; and
c. The removal of trimmings, rubbish, debris, and other solid waste;
and
2019-04-09 Agenda Packet Page 89
Ordinance
Page 4
d. The operation and management of open space and natural habitat,
including biological monitoring and evaluation of collected data;
and
e. The conduct of biological activities necessary to sustain the species
being protected; and
f. The operation and maintenance of pedestrian bridges and
community gardens within or appurtenant to such open space or
habitat area(s).
2. The Maintenance and/or Servicing of Improvements.
3. Public shuttle operations.
4. Promotion of public events and tourism; provided, however, the special
tax financing any such promotion shall not be apportioned in any tax year
on any property in residential use in such tax year, as determined by the
City Council, in its capacity as the legislative body of the community
facilities district authorized to finance such promotion.
5. Security, sanitation, graffiti removal, street and sidewalk cleaning, and
other municipal services supplemental to those normally provided by the
City.
6. Life-cycle replacement costs for maintained and/or operated facilities.
B. The facilities authorized to be financed pursuant to Government Code Section
53313 are hereby amended to add and include:
1. Parking improvements.
2. Energy efficiency, water conservation, and renewable energy
improvements.
3. Ecological and sustainability educational improvements.
C. Any community facilities district established for one or more of the purposes
authorized in Government Code Section 53313 or in section A above may
establish maintenance or service zones or areas within such district to facilitate
the provision and administration of such services.
D. At the time a community facilities district is formed to provide any of the services
authorized pursuant to section A above or territory is annexed to an existing
community facilities district which was formed to provide any of the services
authorized pursuant to section A above, the owner or developer of the property
within such newly formed community facilities district or the territory annexed to
an existing community facilities district shall be responsible for providing such
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Ordinance
Page 5
services or causing such services to be provided for a minimum period of one year
from the date of formation of such community facilities district or the date of
annexation of such territory to an existing community facilities district,
respectively, or if required by the City Manager, until such later time as the open
space or habitat area and/or the improvements which are to be financed from
special taxes to be levied within such newly formed community facilities district
or such territory annexed to an existing community facilities district are accepted
by the City Manager or his or her designee.
E. For each community facilities district formed to provide any of the maintenance
and services authorized pursuant to section A above, there shall be established
and maintained an annual operating reserve fund in an amount not to exceed one
hundred percent (100%) of the annual maintenance, operations and management
budget for each such community facilities district for any fiscal year. The rate
and method of apportionment of the special tax for any such community facilities
district shall provide that the special tax may be levied on all taxable property
within the community facilities district prior to the acceptance by the City or other
public entity for operation, maintenance and management of the open space or
habitat areas and/or improvements to be operated, maintained and managed from
the proceeds of the special taxes in order to initially fund the operating reserve
fund at an amount equal to one hundred percent (100%) of the estimated annual
maintenance, operations and management budget for the first fiscal year
following acceptance of such areas or improvements. If the areas and/or
improvements are to be accepted incrementally, the operating reserve fund shall
be initially funded incrementally in an amount equal to one hundred percent
(100%) of the estimated annual maintenance, operations and management budget
for the first fiscal year following acceptance of such increment of the areas and/or
improvements. A precondition to the acceptance of any open space or habitat
area and/or improvements by the City or another public entity for operation,
maintenance and management shall be that the operating reserve fund for such
area or improvements must have been funded at an amount equal to one hundred
percent (100%) of the annual budget for the operation, maintenance, and
management of such area and/or improvements for the fiscal year following the
acceptance thereof (the “Reserve Fund Requirement”). The rate and method of
apportionment of the special tax shall further provide that following acceptance of
the areas and/or improvements, or any increment thereof, the proceeds of the
annual special tax levy may be used to replenish the operating reserve fund to the
Reserve Fund Requirement provided that the annual special tax levy shall not
exceed the authorized maximum special tax for such fiscal year. Such operating
reserve shall be maintained for and may be used to provide necessary operating
revenue for the first six (6) months of each fiscal year.
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Ordinance
Page 6
Section II.Chapter 3.61 is hereby added to the Chula Vista Municipal Code to read as
follows:
Chapter 3.61
Bayfront Project Special Tax Financing District Procedural Ordinance
Sections:
3.61.010 Short title.
3.61.020 Purpose and intent.
3.61.030 Definitions.
3.61.040 Special tax proceedings.
3.61.050 Nonexclusivity.
3.61.060 Construction.
3.61.070 Incorporation of the Mello-Roos Community Facilities Act of 1982
and portions of the California Streets and Highways Code.
3.61.080 Authorized expenditures.
3.61.090 Hearing – Continuances.
3.61.100 Election; Voter qualifications; Ballots.
3.61.110 Notice of special tax lien.
3.61.120 Application of special tax.
3.61.130 Special tax collected with transient occupancy tax.
3.61.140 Optional collection of delinquent special taxes on secured property tax
roll.
3.61.150 Compliance with this Chapter.
3.61.010 Short title.
This chapter shall be known as and may be cited as the “Bayfront Project Special Tax
Financing District Procedural Ordinance.”
3.61.020 Purpose and intent.
The purpose of this Chapter is to establish a procedure for financing certain public and
private improvements and maintenance and services to serve the Chula Vista Bayfront
Project through the establishment of a Bayfront Project Special Tax Financing District,
the levy and collection of special taxes within such district and the issuance of bonds
secured by such special taxes for the purpose of financing convention center facilities and
certain other public improvements.
The City Council intends to permit the financing of public services and public and private
improvements pursuant to the authorization and procedure set forth in this Chapter, as
well as by any other method permitted by law. This Chapter is enacted pursuant to the
powers reserved to the City under Sections 3, 5, and 7 of Article XI of the California
Constitution and the City Charter.
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3.61.030 Definitions.
Terms defined in the Mello-Roos Act but not defined in this Chapter shall have the
meaning given such terms in the Mello-Roos Act. For purposes of this Chapter the
following definitions shall apply and to the extent the same term is defined in the Mello-
Roos Act the following definition shall apply to such term:
“Campsite” shall have the meaning given such term in CVMC 3.40.020.
“Chapter” shall, when referred to in the Mello-Roos Act or herein, mean this Chapter
3.61 of the CVMC.
“Community facilities district” shall, when used in the Mello-Roos Act or herein, mean
the District.
“Convention Center Facility” means any building, improvement to real property,
equipment or personal property (in each case having an expected useful life of five years
or longer) that comprises any portion of a convention center or conference center, and the
construction, acquisition, rehabilitation, replacement or upgrade thereto, whether publicly
or privately owned.
“District” shall mean the Bayfront Project Special Tax Financing District established
pursuant to this Chapter.
“Hotel” shall have the meaning given such term in CVMC 3.40.020.
“Landowner” shall, for the purposes of this Chapter, have the meaning given such term in
Section 53317(f) of the Mello-Roos Act; provided, however, the City of Chula Vista shall
be the Landowner of all land within the District owned by the City in its capacity as a
charter city or as the successor agency to the Redevelopment Agency of the City of Chula
Vista and the Port District shall be the Landowner of all land within the District owned
by such district.
“Mello-Roos Act” shall have the meaning given such term in CVMC 3.60.030.
“Occupancy” shall have the meaning given such term in CVMC 3.40.020.
“Operator” shall have the meaning given such term in CVMC 3.40.020.
“Port District” shall mean the San Diego Unified Port District.
“Rent” shall have the meaning given such term in CVMC 3.40.020.
“RIDA” means RIDA CHULA VISTA, LLC, a Delaware limited liability company, and
any successor or assign thereto.
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“Resort Hotel” shall mean the Hotel as such term is defined in the Disposition and
Development Agreement entered into as of May 7, 2018 by and among the Port District,
the City and RIDA, as such agreement may be amended from time to time.
“Services” shall include those services specified in CVMC 3.60.060.
“Transient” shall have the meaning given such term in CVMC 3.40.020.
3.61.040 Special tax proceedings.
Proceedings for the formation of a Bayfront Project Special Tax Financing District for
the purposes set forth in section 3.61.020 may be conducted pursuant to this Chapter
whether or not provided by state law.
3.61.050 Nonexclusivity.
This Chapter is not, in any way, exclusive. The power and authority conferred upon the
City Council by the provisions of this Chapter are in addition to and supplemental to the
powers conferred by the Charter, any other ordinance of the City, or law, including the
Mello-Roos Act. Additionally, the City Council may elect to follow the procedures now
or hereafter provided by general law, including without limitation, the Mello-Roos Act;
provided, however, that whenever the City is acting pursuant to this Chapter the
provisions of this Chapter shall be controlling to the extent that they are in conflict with
any of the provisions of such general law, including the Mello-Roos Act.
3.61.060 Construction.
This Chapter is to be liberally construed.
3.61.070 Incorporation of the Mello-Roos Community Facilities Act of 1982 and
portions of the California Streets and Highways Code.
A. Except as otherwise provided in this Chapter, the Mello-Roos Act and those
sections of the California Streets and Highways Code and any amendments
thereto, referred to in the Mello-Roos Act, are incorporated in and made a part of
this Chapter.
B. Except as otherwise provided by this Chapter, the mode and manner for making
improvements, for levying and collecting special taxes and for issuing bonds shall
be as prescribed in the Mello-Roos Act. In any conflict between the provisions of
the Mello-Roos Act or the referenced portions of the California Streets and
Highways Code, the provisions of this Chapter shall prevail.
C. The provisions of Sections 53312.7, 53312.8, 53313.6, 53313.7, 53313.9,
53317(b), 53319(d), 53321(b) and (f), 53325.6 (and the reference to 53325.6
contained in Section 53331), 53329, 53329.5, 53340(d) and (f)(C), 53340.1(b),
53345.8, 55352, 53362.5, and 53365 of the Mello-Roos Act are not incorporated
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into this Chapter and shall have no application to proceedings conducted pursuant
to this Chapter.
D. The provisions of Section 53313.51 of the Mello-Roos Act notwithstanding,
whenever the City is a party to construction contracts, the City may use normal
public works contracting procedures even if they do not involve or require the
identification of “discrete portions or phases” of the facilities to be constructed.
E. For purposes of this Chapter, clause (n) of Section 53313.5 of the Mello-Roos Act
is amended to read as follows:
“(n) In addition to any other facilities that may be financed pursuant to Section
53313.5, the District may finance the acquisition, construction, reconstruction,
replacement, rehabilitation, expansion, upgrade and maintenance of any
Convention Center Facility as defined in CVMC 3.61.030.”
F. For purposes of this Chapter, the provisions of Section 53314.3 of the Mello-Roos
Act are amended to read as follows (deletions are shown in strike-through text):
“In the first fiscal year in which a special tax or charge is levied for any facility or
for any services in a community facilities district or a zone within a community
facilities district, the legislative body shall include in the levy a sum sufficient to
repay to the legislative body the amounts transferred to that district or zone
pursuant to Section 53314. The amounts borrowed, with interest, shall be
retransferred to the proper fund or funds from the first available receipts from the
special levy in that district or zone.
Notwithstanding the above provisions, the legislative body may, by a resolution
adopted no later than the time of the first levy, extend the repayment of the
transferred funds over a period of time not to exceed three consecutive years, in
which event the levy and each subsequent levy shall include a sum sufficient to
repay the amount specified by the legislative body for the year of the levy.”
G. For purposes of this Chapter, the provisions of Section 53314.5 of the Mello-Roos
Act are amended to read as follows (deletions are shown in strike-through text):
“Pursuant to a resolution adopted by the legislative body, the legislative body may
appropriate any of its available moneys to a revolving fund to be used for the
acquisition of real or personal property, engineering services, or the construction
of structures or improvements needed in whole or in part to provide one or more
of the facilities of a community facilities district. The revolving fund shall be
reimbursed from tax revenues or other moneys available from the facilities
district, and no sums shall be disbursed from the fund until the legislative body
has, by resolution, established the method by, and term not exceeding five years
within, which the community facilities district is to reimburse the funds. The
district shall reimburse the fund for any amount disbursed to the area within five
years after such disbursement, together with interest as the current rate per annum
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received on similar types of investments by the legislative body as determined by
the local agency’s treasurer.”
H. For purposes of this Chapter, the provisions of Section 53314.6 of the Mello-Roos
Act are amended to read as follows (deletions are shown in strike-through text):
"(a) In connection with the financing of services and facilities pursuant to
subdivision (f) of Section 53313 and subdivision (k) of Section 53313.5,
the legislative body may establish a revolving fund to be kept in the
treasury of the district. Except as provided in subdivision (b), moneys in
the revolving fund shall be expended solely for the payment of costs with
respect to those services and facilities. The revolving fund may be funded
from time to time with moneys derived from the following:
(1) Proceeds from the sale of bonds issued pursuant to Article 5
(commencing with Section 53345), notwithstanding any limitation
contained in Section 53345.3.
(2) Any taxes or charges authorized under this Chapter.
(3) Any other lawful source.
(b) Subject to the provisions of any resolution, trust agreement or indenture
providing for the issuance of district bonds for the purposes set forth in
subdivision (k) of Section 53313.5, the legislative body may withdraw
money from the revolving fund whenever and to the extent that it finds
that the amount of money therein exceeds the amount necessary to
accomplish the purposes for which the fund was established. Any moneys
withdrawn from the revolving fund shall be used to redeem bonds of the
district issued for the purposes set forth in subdivision (k) of Section
53313.5 or shall be paid to taxpayers in the district in amounts that the
legislative body determines.”
I. For purposes of this Chapter, the provisions of Section 53314.9 of the Mello-Roos
Act are amended to read as follows (deletions are shown in strike-through text):
"(a) Notwithstanding Section 53313.5, at any time either before or after the
formation of the district, the legislative body may accept advances of
funds or work in-kind from any source, including, but not limited to,
private person or private entities and may provide, by resolution, for the
use of those funds or that work in-kind for any authorized purpose,
including, but not limited to, paying any cost incurred by the local agency
in creating a district. The legislative body may enter into an agreement,
by resolution, with the person or entity advancing the funds or work in-
kind, to repay all or a portion of the funds advanced, or to reimburse the
person or entity for the value, or cost, whichever is less, of the work in-
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kind, as determined by the legislative body, with or without interest, under
the following conditions:
(1) The proposal to repay the funds or the value of cost of the work in-
kind, whichever is less, is included both in the resolution of
intention to establish a district adopted pursuant to Section 53321
and in the resolution of formation to establish the district adopted
pursuant to Section 53325.1, or in the resolution of consideration
to alter the types of public facilities and services provided within
an established districted adopted pursuant to Section 53334.
(2) Any proposed special tax or change in a special tax is approved by
the qualified electors of the district pursuant to this chapter. Any
agreement shall specify that if the qualified electors of the district
do not approve the proposed special tax or change in a special tax,
the local agency shall return any funds which have not been
committed for any authorized purposes by the time of the election
to the person or entity advancing the funds.
(3) (1) Any work in-kind accepted pursuant to this section shall
have been performed or constructed as if the work had been
performed or constructed under the direction and supervision, or
under the authority of, the local agency.
(b) The agreement shall not constitute a debt or liability of the local agency.”
J. For purposes of this Chapter, the provisions of clause (a) of Section 53321 of the
Mello-Roos Act are amended to read as follows (deletions are shown in strike-
through text):
"(a) State that a community facilities district is proposed to be established
under the terms of this chapter and describe the boundaries of the territory
proposed for inclusion in the district, which may be accomplished by
reference to a map on file in the office of the clerk, showing the proposed
community facilities district. The boundaries of the territory proposed for
inclusion in the district shall include the entirety of any parcel subject to
taxation by the proposed district.”
K. For purposes of this Chapter, the provisions of Section 53324 of the Mello-Roos
Act are amended to read as follows (additions are shown in italics text and
deletions are shown in strike-through text):
"(a) If 50 percent or more of the registered voters, or six registered voters,
whichever is more, residing within the territory proposed to be included in
the district, or the owners of one-half or more of the area of the land in the
territory proposed to be included in the district and not exempt from the
special tax, file written protests against the establishment of the district,
and protests are not withdrawn so as to reduce the value of the protests to
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less than a majority, such no further proceedings to create the specified
community facilities district or to authorize the specified special tax shall
be abandoned taken for a period of one year from the date of the decision
of the legislative body. Notwithstanding the abandonment of the
proceedings to create such specified community facilities district or to
authorize such special tax pursuant to this Section 53324(a), new
proceedings to create such specified community facilities district or to
authorize such special tax may be initiated at any time thereafter.
If the majority protests of the registered voters or of the landowners are
only against the furnishing of a specified type or types of facilities or
services within the district, or against levying a specified special tax, those
types of facilities or services or the specified special tax shall be
eliminated from the resolution of formation. Notwithstanding the
elimination of such types of facilities or services or such specified special
tax from the resolution of formation, new proceedings to authorize the
furnishing of such types of facilities or services within the district or to
authorize the levy of such specified special tax may be initiated pursuant
to Article 3 of the Mello-Roos Act, as amended by this Chapter 3.61, at
any time thereafter.
(b) This section does not apply to the formation of a district pursuant to
Section 53328.1.”
L. For purposes of this Chapter, the provisions of Section 53337 of the Mello-Roos
Act are amended to read as follows (additions are shown in italics text and
deletions are shown in strike-through text):
“If 50 percent or more of the registered voters, or six registered voters, whichever
is more, residing within the district, or the owners of one-half or more of the area
of the land in the territory included in the district and not exempt from the special
tax file written protests against changing the public facilities or services financed
by the district, those changes in the facilities or services shall be eliminated from
the resolution ordering changes in the types of public facilities or services to be
financed and the changes shall not be included in a resolution for a period of one
year from the date of the decision of the legislative body on the hearing.
Notwithstanding the elimination of such changes in the public facilities and
services from the resolution ordering changes in the types of public facilities and
services to be financed, new proceedings to consider ordering such changes in the
types of public facilities and services may be initiated at any time thereafter.
If 50 percent or more of the registered voters, or six registered voters, whichever
is more, residing within the district, or the owners of one-half or more of the area
of the land in the territory included in the district and not exempt from the special
tax file written protests against the levying of any additional special taxes within
the district, or against a proposed alteration to an existing special tax within the
district, those changes shall be eliminated from the resolution and the changes
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shall not be included in a resolution for a period of one year from the date of the
decision of the legislative body on the hearing. Notwithstanding the elimination
of such changes from the resolution, new proceedings to consider the levying of
such additional special taxes or such alteration to such existing special tax may
be initiated at any time thereafter.”
M. For purposes of this Chapter, the provisi ons of Section 53339.6 of the Mello-Roos
Act are amended to read as follows (additions are shown in italics text and
deletions are shown in strike-through text):
“If 50 percent or more of the registered voters, or six registered voters, whichever
is more, residing within the existing community facilities district, or if 50 percent
or more of the registered voters or six registered voters, whichever is more,
residing within the territory proposed for annexation or proposed to be annexed in
the future, or if the owners of one-half or more of the area of land in the territory
included in the existing district and not exempt from special tax, or if the owners
of one-half or more of the area of land in the territory proposed to be annexed or
proposed to be annexed in the future and not exempt from the special tax, file
written protests against the proposed annexation of territory to the existing
community facilities district or the proposed addition of territory to the existing
community facilities district in the future, and protests are not withdrawn so as to
reduce the protests to less than a majority, the no further proceedings to annex the
same territory, or to authorize the same territory to be annexed in the future, shall
be abandoned undertaken for a period of one year from the date of decision of the
legislative body on the issues discussed at the hearing.”
N. For purposes of this Chapter, the provisions of Section 53345.3 are amended to
read as follows (additions are shown in italics text and deletions are shown in
strike-through text):
“The amount of the proposed bonded indebtedness may include all costs and
estimated costs incidental to, or connected with, the accomplishment of the
purpose for which the proposed debt is to be incurred, including, but not limited
to, the estimated costs of construction or acquisition of buildings, or both;
acquisition of land, rights-of-way, water, sewer, or other capacity or connection
fees; lease payments for school facilities, satisfaction of contractual obligations
relating to expenses or the advancement of funds for expenses existing at the time
the bonds are issued pursuant to this chapter; architectural, engineering,
inspection, legal, fiscal, and financial consultant fees; bond and other reserve
funds; discount fees; interest on any bonds of the district estimated to be due and
payable within two years such period of time of issuance of the bonds as shall be
established by the City Council; election costs; and all costs of issuance of the
bonds, including, but not limited to, fees for bond counsel, costs of obtaining
credit ratings, bond insurance premiums, fees for letters of credit, and other credit
enhancement costs, and printing costs. Bonds may not be issued pursuant to this
chapter to fund any of the services specified in Section 53313; however, bonds
may be issued to fund capital facilities to be used in providing these services.”
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O. For purposes of this Chapter, the provisions of Section 53359.5(b)(13) of the
Mello-Roos Act shall apply only to special taxes levied on the property tax rolls
pursuant to CVMC 3.61.150. For all other special taxes, instead of the
information required by Section 53359.5(b)(13), the City shall include in the
report the same information with respect to the special taxes that it normally
collects and reports regarding the City’s transient occupancy taxes.
3.61.080 Authorized expenditures.
A. Revenues from any special tax imposed under this Chapter may be spent on the
following: debt service; lease payments; cost of issuance of securities issued for
the purpose of financing or refinancing the Convention Center Facility and any
other facilities authorized to be financed by the District; replenishment or funding
of reserve funds established in connection with the issuance of debt (as defined in
the Mello-Roos Act), administrative costs of the District; prepayment of such
securities; direct costs of acquisition, planning, engineering, design, site
preparation, and construction of the Convention Center Facility and any other
facilities authorized to be financed by the District; ongoing capital repairs and
maintenance of the Convention Center Facility and any other facilities authorized
to be financed by the District; the costs of providing services and maintenance as
authorized by the District and all incidental and administrative costs authorized by
the Mello-Roos Act or the District. Revenues from any such special tax received
by the District in any fiscal year may, to the extent necessary, be accumulated and
applied to the payment of authorized expenditures incurred in a future fiscal year.
3.61.090 Hearing – Continuances.
All hearings called for under the Mello-Roos Act shall be required by this Chapter,
except that they may be continued from time to time without further notice, but shall be
completed within two years of the original hearing date. For purposes of this Chapter,
the mailing of notices as provided in Sections 53322.4 and 53346 and any other similar
provisions of the Mello-Roos Act shall be made to the Landowners of properties that
would not be exempt from the special tax if the proposed special tax were being currently
levied as proposed in the resolution of intention.
3.61.100 Election; Voter qualifications; Ballots.
All election procedures set forth in the Mello-Roos Act shall apply to this Chapter, with
the following exceptions:
A. The qualified electors shall in all cases be the Landowners.
B. The City Clerk shall in all cases be the election official.
C. The Landowner-voters shall be those meeting the definition of Landowner as
defined in CVMC 3.61.030 as of the close of the public hearing pertaining to the
establishment of the District unless the City Clerk is informed, by reliable
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evidence, of a change in ownership after that time and prior to the election. In
that event, the City Clerk shall, at the request of the new Landowner submitted
with such evidence no later than 24 hours before the deadline for returning
ballots, prepare a new ballot and deliver it to the new Landowner. The City Clerk
shall also, in that event, accept and include in the canvass of the election the ballot
submitted by the new Landowner rather than the ballot prepared for the former
Landowner.
D. Since the Landowner-voters are entitled to a secret ballot, and since ballots are
required to contain the names of each Landowner and the number of votes each
Landowner is entitled to cast, the City Clerk shall protect the confidentiality of the
ballots. No person, other than those among the staff and consultants of the City
who require access for the purposes of counting and canvassing the ballots, may
have access to the ballots at any time, unless by order of a court of competent
jurisdiction.
3.61.110 Notice of special tax lien.
A. For purposes of this Chapter, and to conform the language of the form of the
notice of special tax lien contained in Section 3114.5 of the California Streets and
Highways Code, the County Recorder shall index the notice of liens in the names
of the property owners within the District whose properties are not exempt from
the special tax.
B. Whenever a parcel of property in the District begins to be used as a Hotel or a
Campsite, either for the first time or for a period of time when it was not so used,
that property shall thereupon become subject to the special tax. The City Clerk
shall prepare an amended notice of special tax lien, or an amendment to the notice
of special tax lien, that applies to and describes the new Hotel or Campsite
property, as applicable, in accordance with the California Streets and Highways
Code. The City Clerk shall arrange for recording of the document with the county
recorder as provided in the California Streets and Highways Code.
3.61.120 Application of special tax.
A. Any special tax imposed pursuant to this Chapter shall be levied, in any year, only
on property located within the District, other than the Resort Hotel property, for
the use of such property during such year as a Hotel or Campsite (or, as the case
may be, levied on the leasehold or other possessory interest in a parcel which is
owned by a public agency and being used as a Hotel or Campsite).
B. Any special tax imposed on the Resort Hotel property pursuant to this Chapter
shall be levied as provided for in the rate and method of apportionment of such
special tax as applied to such property.
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3.61.130 Special tax collected with transient occupancy tax.
A. All special taxes imposed pursuant to this Chapter, other than the special tax
imposed on the Resort Hotel property, shall be due and remitted with the
Operator’s payment of the transient occupancy taxes as set forth in chapter 3.40 of
the CVMC. In the event that the Landowner is not the Operator, the Landowner
shall cause the Operator to remit the special taxes imposed pursuant to this
Chapter with the Operator’s payment of the transient occupancy tax. Unlike
chapter 3.40, however, the special tax is not imposed on the Transient but is
imposed on the real property containing the Hotel or Campsite or, as the case may
be, on the leasehold or other possessory interest containing the Hotel or Campsite
if the parcel or parcels containing the Hotel or Campsite are owned by a public
agency. The Operator may, but is not required to, add the special tax to, and
collect it with, the Rent. Subject to and as modified by the foregoing, the
provisions of sections 3.40.040, 3.40.050, 3.40.070, 3.40.080, 3.40.090, 3.40.100,
3.40.110, 3.40.120, and 3.40.130 shall apply to any special tax levied pursuant to
this Chapter. Despite the method of collection and administration, the special tax
is distinct from the City’s transient occupancy tax and may be enforced, in the
event of nonpayment, as provided in the Mello-Roos Act, including through a
judicial foreclosure.
B. Any special tax imposed on the Resort Hotel property pursuant to this Chapter,
shall be due and remitted as provided for in the rate and method of apportionment
of such special tax as applied to such property.
3.61.140 Optional collection of delinquent special taxes on secured property tax
roll.
Any special taxes delinquent as of July 1 of any fiscal year, together with any penalties
and interest accrued as of that date, may, at the option of the City Council, be placed on
the secured property tax roll in that fiscal year and be levied on the parcel for which such
special taxes are delinquent, where it shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the
same procedure, sale, and lien priority in case of delinquency as is provided for ad
valorem taxes.
3.61.150 Compliance with this Chapter.
Any proceedings taken, special tax levied or bonds issued pursuant to this Chapter shall
not be held invalid for failure to comply with the provisions of this Chapter provided
such failure is not a constitutional defect.
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
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unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance 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
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
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April 9, 2019 File ID: 19-0173
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE
REGULATIONS BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE CITY OF CHULA
VISTA
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On September 11, 2018, City Council approved an agreement with San Diego Metropolitan Transit System
(MTS)to regulate taxicabs and other for-hire vehicles, which would provide a high level of regulatory
service to a greater number of for-hire vehicles, to the benefit of public safety. This agreement ends on
June 30, 2019, and the Police Department is recommending to approve an agreement amendment to extend
to June 30, 2024.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in
the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. 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/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
AB 1069 changed taxi regulation in California. The bill was supported by the taxi industry to make taxis
more competitive with Uber and Lyft by reducing operating costs. The bill replaced longstanding city-by-
city regulation, requiring multiple permits and fees, with regional regulation and a single permit and fee.
Enacted in 2017, the bill imposes requirements on cities that are effective on January 1, 2019. One, in order
to require a business license, the taxi company must be substantially located in the city. Substantially
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located means the taxi company has a primary business address in the city, or the largest share of the taxi’s
originating trips are in the city, as demonstrated by a taxicab operator. Two, a city must create a Joint
Powers Agreement with other government entities, or enter into an agreement with a transit agency, for
the purpose of regulating taxicab companies and taxicab drivers. Three, regardless of where a taxi is
substantially located or the type of regional regulation adopted, cities may impose certain regulations on
taxis, including: a) limiting the number of taxicab providers that may use taxi stand areas or pick up street
hails; b) requiring taxicab service providers to provide services in a manner that ensures equal access for
all populations in the city; and c) enacting other public health, safety or welfare ordinances relating to
taxicabs.
On September 11, 2018, City Council approved an agreement with San Diego Metropolitan Transit System
(MTS) to regulate taxicabs and other for-hire vehicles, which would provide a high level of regulatory
service to a greater number of for-hire vehicles, to the benefit of public safety. This agreement ends on
June 30, 2019, and the Police Department is recommending to approve an agreement amendment to extend
to June 30, 2024.
MTS is a transit agency that has been providing transit services in the region since 1976 (originally named
the Metropolitan Transit Development Board), including bus and trolley services in Chula Vista. MTS has a
dedicated Taxicab Administration unit and a robust inspection program to protect the public safety.
Responsibilities include determining owner eligibility; inspecting vehicles; issuing permits; monitoring
compliance with administrative and operational regulations; and investigating passenger complaints. In
addition to regulating taxis, the Taxicab Administration unit regulates other for-hire transportation
services, such as jitneys (shuttles following a fixed route), charter, sightseeing, low-speed and non-
emergency medical vehicles. MTS provides regulatory services by contract for these vehicles in most cities
in its service area, including El Cajon, Imperial Beach, National City, La Mesa, Lemon Grove, Poway, Santee
and San Diego. Only Coronado administers their own taxicab regulations.
If Council approves the agreement amendment, then MTS will go to the MTS board for consideration. If
approved by the MTS board, the agreement would extend to June 30, 2024.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
As part of the annual business license renewal process, the City will continue to collect business licenses
from the taxicab businesses, which is $5,400 annually. Approving the agreement amendment with MTS for
taxicab administration will result in no current-year fiscal impact.
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ONGOING FISCAL IMPACT
Approving the agreement amendment with MTS for taxicab administration will have no ongoing fiscal
impact.
ATTACHMENTS
ATTACHMENT 1: First Amendment to Agreement with San Diego Metropolitan Transit System for
Administration of Taxicab and Other For-Hire Vehicle Regulations
ATTACHMENT 2: Agreement with San Diego Metropolitan Transit System for Administration of Taxicab
and Other For-Hire Vehicle Regulations
Staff Contact: Captain Vern Sallee, Police Department
2019-04-09 Agenda Packet Page 106
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT FOR ADMINISTRATION OF TAXICAB
AND OTHER FOR-HIRE REGULATIONS BETWEEN THE
SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE
CITY OF CHULA VISTA
WHEREAS, Assembly Bill No. 1069, signed into law by California’s governor in 2017
and effective on January 1, 2019, requires cities to either create a Joint Powers Authority or enter
into an agreement with a transit agency, such as the San Diego Metropolitan Transit System
(MTS), to regulate taxicab companies and taxicab drivers; and
WHEREAS, as authorized by California Public Utilities Code Section 12066, the MTS
for years has contracted with most cities in its service area, such as National City, Imperial
Beach, San Diego, Lemon Grove, El Cajon, Santee and Poway, to provide full-service regulation
of taxicabs and other for-hire transportation services; and
WHEREAS, on September 11, 2018, City Council approved an agreement with San
Diego Metropolitan Transit System to regulate taxicabs and other for-hire vehicles; and
WHEREAS, the current agreement with MTS ends on June 30, 2019, and the Police
Department recommends to approve an amendment to extend taxicab administration to June 30,
2024; and
WHEREAS, AB 1069 reserved rights of cities to regulate taxi stands in their jurisdictions
and to require taxicab companies that are substantially located in Chula Vista, as defined by AB
1069, to obtain a business license.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the First Amendment to the Agreement for Administration of Taxicab and
Other For-Hire Vehicle Regulations between the San Diego Metropolitan Transit System and the
City of Chula Vista, in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk,and authorizes and directs the Mayor to execute same.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2019-04-09 Agenda Packet Page 107
2019-04-09 Agenda Packet Page 108
MTS Doc No. G21220.1-18
FIRST AMENDMENT TO AGREEMENT FOR
ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE VEHICLE REGULATIONS
BETWEEN
SAN DIEGO METROPOLITAN TRANSIT SYSTEM
AND
CITY OF CHULA VISTA
THIS AGREEMENT is entered into by and between the City of Chula Vista, a municipal
corporation, 276 4th Avenue, Chula Vista, CA (herein called “CITY”), and the San Diego
Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA
(herein called “MTS”), in view of the following recitals, which are a substantive part of this
Agreement:
RECITALS
A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California
Public Utilities Code (PUC), to enter into contracts to regulate transportation services
within a city in its area of jurisdiction and the County of San Diego;
B. CITY is within MTS’s jurisdiction created January 1, 1976, under Section 120050, et
seq., Chapter 2, Division 11 of the PUC;
C. CITY regulated taxicab and other for-hire vehicles in accordance with the Chula
Vista City Municipal Code, Chapter 5.54.010;
D. CITY desires that MTS regulate taxicabs and other for-hire vehicles and services
such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and
jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS
Ordinance No. 11, “An Ordinance Providing for the Licensing and Regulating of
Transportation Services Within the City and County”;
E. CITY and MTS entered into an agreement for the period of November 1, 2018
through June 30, 2019; and
F. CITY and MTS now desire to enter into an agreement to extend the period from July
1, 2019 through June 30, 2024.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, CITY and MTS agree as follows:
1. MTS will administer and enforce its taxicab and other for-hire vehicles Ordinance
policies and regulations as in effect on July 1, 2019, and as thereafter from time to time
amended by MTS, and thereby regulate such taxicab and other for-hire vehicles and
transportation services rendered wholly within the CITY’s corporate limits during the period of
July 1, 2019 through June 30, 2024, pursuant to PUC Section 120266 and in accordance with
MTS Ordinance No. 11.
2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now
or hereafter provided by the MTS Taxicab and Other For-Hire Vehicles Ordinance No. 11
policies, and regulations.
3. The CITY Manager and MTS Chief Executive Officer may supplement this
2019-04-09 Agenda Packet Page 109
MTS Doc No. G21220.1-18
agreement by executing a Memorandum of Understanding relative to administrative and
operating procedures of taxicab and other for-hire vehicles regulation and to provide for
reimbursable staff and legal support services.
4. This Agreement shall be effective upon execution by the City and MTS and shall
continue until written notice of termination. This Agreement may be terminated at any time by
either party upon 180 days’ written notice to the other party.
IN WITNESS THEREOF, this first amendment to the agreement is executed by the
CITY acting by and through its Mayor pursuant to Council Resolution No. , and by MTS
acting through its Chief Executive Officer.
Dated this 1st day of July, 2019.
CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT
SYSTEM
Mary Casillas Salas Paul C. Jablonski
Mayor Chief Executive Officer
WE HEREBY APPROVE the form of the foregoing Agreement.
Glenn Googins Office of the General Counsel
City Attorney
Date: Date:
Attest:
-2-
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April 9, 2019 File ID: 19-0174
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING UPDATED DESIGN
STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE CITY’S RIGHT-OF-WAY AND DELEGATING
AUTHORITY TO APPROVE FUTURE DESIGN STANDARDS TO THE CITY MANAGER OR DESIGNEE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Increased usage of cellular data functions has subsequently increased the demand for greater capacity on
cellular networks, thus requiring new wireless facilities. To provide higher bandwidth signals and extend
coverage for more users, the next phase of cellular technology, 5G, will use a small wireless facility or small
cell concept. These small cell deployments are significantly smaller than the previously built macro cell
sites and have a more limited range by serving only users within the immediate proximity. As a result, the
telecommunications industry is planning for a far greater density of small cell sites. Wireless service
providers are proposing to install small cell equipment in outdoor applications on City-owned poles and
City-owned street lights located in City Right-of-Way to provide faster data coverage and capacity for
mobile phones and other cellular devices. To facilitate the installation of this technology and maintain
acceptable aesthetics of the City’s streetscape, City staff is proposing the provisions within the attached
resolution as follow up to Resolution No. 2019-003 to regulate the design standards for small cell sites. Per
a recent Federal Communications Commission (FCC) ruling, aesthetic regulations imposed by a
municipality are permissible providing that they are reasonable, no more burdensome than those applied
to other types of infrastructure deployments, and are published in advance.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity
is not subject to CEQA. Although environmental review is not required at this time, once the scope of
potential project(s) has been defined, environmental review will be required for each project and the
appropriate environmental determination will be made. Notwithstanding the foregoing, it has also been
determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines. Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Wireless telecommunications facilities are regulated by federal, state, and local laws. Over the last few
decades, legislation at the federal and state levels have been proposed and implemented to strip
municipalities of their local zoning and permitting authority regarding the regulation of
telecommunications facilities. A brief overview of the most notable acts and their implications is provided
below.
Telecommunications Act
Federal law significantly limits the city’s ability to regulate telecommunication facilities. Under the
Telecommunications Act of 1996, a city cannot prohibit the provision of wireless service or unreasonably
discriminate among wireless service providers. Also, under federal law, the city may not regulate the
placement, construction or modification of wireless communications facilities on the basis of radio
frequency emissions, so long as the facilities comply with the FCC regulations concerning such emissions.
Despite federal limitations, cities historically have retained the ability to regulate the aesthetic of wireless
facilities, including factors such as height and property line setbacks. However, federal law developments
continue to erode that ability thereby reducing local control.
The Spectrum Act
In 2012, Congress enacted the Middle Class Tax Relief and Job Creation Act (The Spectrum Act of 2012).
The Spectrum Act was intended to facilitate the telecommunication industry’s rapid deployment of 3G and
4G wireless infrastructure by requiring local governments to approve any application that sought to modify
an existing wireless telecommunication facility that does not “substantially change” the existing facility.
The Spectrum Act itself contains no specific definitions, but in 2015, the FCC promulgated regulations
containing definitions, processing requirements, timelines and remedies for applications that seek to
modify an existing wireless telecommunication facility in accordance with the Spectrum Act. These FCC
rules purport to bind local governments. Most significantly for cities, the federal regulations state very
short permit processing timelines, referred to as “shot clocks”, of 60, 90, and 150 days depending on the
type of facility.
September 26, 2018 FCC Ruling
On September 26, 2018, the FCC issued a ruling and order designed to promote the expeditious
deployment of small cell sites in the public ROW. Portions of the ruling and order purported to take effect
on January 14, 2019; however, other portions of the ruling are not set to take effect until April 15, 2019.
The recent FCC ruling applies to small wireless facilities defined as a facility that meets each of the
following conditions:
1. The structure on which antenna facilities are mounted—
a. Is 50 feet or less in height, or
b. Is no more than 10 percent taller than other adjacent structures, or
c. Is not extended to a height of more than 10 percent above its preexisting height as a result
of the collocation of new antenna facilities; and
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P a g e | 3
2. Each antenna (excluding associated antenna equipment) is no more than three (3) cubic feet in
volume; and
3. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more
than 28 cubic feet in volume; and
4. The facility does not require antenna structure registration under federal law;
5. The facility is not located on Tribal lands; and
6. The facility does not result in human exposure to radio frequency radiation in excess of the
applicable safety standards specified in federal law.
The recent FCC ruling purports to establish the following new standards for small wireless facilities:
•Broad interpretation of local prohibitions:The FCC order attempts to further limit the city’s ability to
adopt a regulation that “materially limits or inhibits the ability of wireless carriers.”
•Cost-based fees:The FCC ruling states that cities are limited to charging fees that are no greater than
a “reasonable approximation” of their costs for processing applications and for managing
deployments in the right of way. The FCC ruling purports to establish a presumptively lawful,
nationwide fee schedule for small cell applications as follows:
o $500 for a single up-front application that includes up to five (5) small wireless facilities,
with an additional $100 for each small wireless facility beyond five, or $1,000 for non-
recurring fees for a new pole to support one or more small wireless facilities;
o $270 per small wireless facility per year for all recurring fees, including any possible ROW
access fee or fee for attachment to city-owned poles in the ROW.
•Aesthetic regulations:The FCC order states that such local regulations will not be preempted if they
are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure
deployments and (3) published in advance.
•Underground requirements:The FCC ruling states that a requirement that all wireless facilities be
deployed underground would amount to an effective prohibition and is thus not permitted.
•Quid Pro Quo “in kind service”:The FCC ruling discourages situations where the city makes clear it
will approve a deployment only on condition that the provider supply an “in-kind” service or public
benefit, such as installing a communications network dedicated to city’s exclusive use.
•Batched applications:The FCC ruling states that cities cannot prohibit batched applications (e.g.,
multiple street lights.)
In addition, the recent FCC ruling purports to establish a new set of even more restrictive “shot clocks”
applicable only to small wireless facilities. These shot clocks are:
• Sixty (60) days for small cell wireless facility attachments to existing poles or structures; and
• Ninety (90) days for small cell wireless facilities on new poles or structures.
It should be noted that staff is informed that various elements of the FCC’s ruling and order have been
challenged administratively and in federal court. At the time of this action, staff is informed that these
challenges have not yet been resolved. If such challenges ultimately affect the scope of this proposed
resolution, staff will return and provide an update to the City Council regarding the same.
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On January 8, 2019, the City Council adopted Resolution No. 2019-003, approving design standards for
small wireless facilities in the City’s right-of-way. The updated design standards (see Attachment 2 which
is incorporated herein by this reference) represent minor modifications to those standards approved by
Resolution 2019-003 and establish the new official design standards for small wireless facilities in the
City’s right-of-way. This action would further delegate authority from the City Council to the City Manager,
or his/her designee, to approve updated design standards in the future. Staff recommends that the City
Council approve this delegation of authority to allow the City adequate flexibility to timely and efficiently
update the design standards applicable to small cell deployments within the City’s right-of-way.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
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 supports the
Economic Vitality Goal as the use of safe and secure access to data can help promote an environment for
residents and businesses to prosper in. The goals of Strong and Secure Neighborhoods and Connected
Community are also linked to this resolution as it will ensure the future installation of this technology will
maintain acceptable aesthetics within the City’s streetscape.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution will have no direct impact to the General Fund.
ONGOING FISCAL IMPACT
None. The competitive local exchange carriers will be responsible for constructing, managing and
maintaining the small cell wireless facilities.
ATTACHMENTS
1. Updated Small Wireless Facility Design Standards
Staff Contact: Eddie Flores, City Traffic Engineer
2019-04-09 Agenda Packet Page 116
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING UPDATED DESIGN
STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN
THE CITY’S RIGHT-OF-WAY AND DELEGATING
AUTHORITY TO APPROVE FUTURE DESIGN STANDARDS
TO THE CITY MANAGER OR DESIGNEE
WHEREAS, it is in the public interest for the City Council to adopt design standards for
the deployment of small wireless facilities within the City’s Right-of-Way; and
WHEREAS, on January 8, 2019, the City Council passed Resolution 2019-003 adopting
design standards for small wireless facilities within the City’s right-of-way; and
WHEREAS, this Resolution would establish updated design standards for all small
wireless facilities placed on poles, including street light poles and power poles, and other
infrastructure within the City’s Right-of-Way; and
WHEREAS, the proposed design standards would provide greater direction and assure
consistency in small wireless facility design and configuration within the City’s Right-of-Way;
and
WHEREAS, the proposed design standards illustrate the desired level of design quality
and configuration of proposed small wireless facility within the City’s Right-of-Way; and
WHEREAS, City staff has determined the proposed design standards to be reasonable
and no more burdensome than those applied to other types of infrastructure deployments within
the City; and
WHEREAS, City staff will publish applicable design standards for small wireless
facilities on the City’s website for public review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the design standards for small wireless facilities within the City’s Right-of-Way
in the form presented.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
delegates authority to approve future design standards for small wireless facilities within the
City’s Right-of-Way to the City Manager or his/her designee.
2019-04-09 Agenda Packet Page 117
Resolution
Page 2
Presented by Approved as to form by
_____________________________________ ____________________________________
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
2019-04-09 Agenda Packet Page 118
Design Standards for Small Wireless Facilities in the Right-of-Way
Location:
1. Siting: Preferred location for small wireless facilities is within non-residential
neighborhoods or on streets with no fronting residences (500 feet away from residential
zones). Should the location be within a residential neighborhood, reasonable efforts shall
be made to ensure that the facility is not in direct view of residential living areas such as
living rooms, bedrooms, etc.
a. Within 500 feet of a residential zone, noise limit from any small wireless facility
shall be 5dBA above ambient sound, not to exceed 30 dBA as measured at the
property line. Other federal, state, or city noise regulations may apply.
2. Small wireless facilities shall not be installed on electrical/electronic traffic control
devices’ poles/hardware such as traffic signals (including traffic signal poles with street
lights), pedestrian hybrid beacons (formerly known as HAWK), Rectangular Rapid
Flashing Beacons (RRFB), and flashing beacons. Small wireless facilities should be
positioned on existing street light poles or new street light poles spaced per City
standards.
3. All small wireless facilities and related equipment located within the City’s ROW shall
be located such that they meet ADA requirements and do not obstruct, impede, or hinder
usual pedestrian or vehicular travel or interfere with the operation and maintenance of
street lights, signage, street furniture, fire hydrants, other street appurtenances, or
business district maintenance.
4. A maximum of one small wireless facility is permitted per pole.
5. Location of small wireless facilities shall provide appropriate clearance from existing
utilities.
Facility and Support Equipment:
6. Wireless facilities shall be placed within an enclosure and concealed from view to the
maximum extent possible.
7. Radiation certified to be at safe levels by a non-ionizing radiation electromagnetic
radiation report (NIER) shall be submitted to the City and retained on file for equipment
type and model.
8. Applicant shall submit a NIER report for each equipment type certifying that the non-
ionizing and electromagnetic radiation emitted from the proposed small wireless facility
is safe, and it shall be endorsed by a qualified professional. It shall specify minimum
approach distances for the general public as well as electrical and communication
workers that are not trained for working in an RF environment when accessing the pole
by climbing, ladder or bucket.
9. A “disconnect” shall be required for both the power supply and the wireless antenna that
can be easily accessed and operated by street lighting maintenance personnel.
10. Wireless facilities shall be designed, textured, and painted to match existing pole to
minimize visual impacts.
11. “ABC”: Antennas, brackets (mounting), and cabling should all have a uniform paint color
and be painted to match the color of the equipment, including the fiber termination
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Resolution
Page 2
enclosure.
Form and Placement:
12. Narrow Vertical Alignment: Wireless facilities shall require shrouds and equipment
enclosures that are the same diameter as the post at a ratio of approximately 1:1 such that
it reads as one contiguous streamlined form from the street level are preferred. Any tilted
or cantilevered arrangements are not acceptable unless approved by the City Engineer.
13. Antenna and Remote Radio Unit (RRU):
a. Antenna designs should avoid placements that may impair light, air, or views
from adjacent structure windows.
b. Antennas shall be generally cylindrical or rectangular in shape.
c. Each antenna shall be located inside an enclosure of no more than 6 cubic feet, or
in the case of an antenna that has exposed elements, the antenna and its exposed
elements should fit within an imaginary enclosure of no more than 6 cubic feet.
d. Antennas and RRUs shall be placed within the shroud above the pole. RRUs
attached to the side of the pole are discouraged; but if required, it shall use the
smallest RRU volume possible and be stacked vertically and close together with 6
inches maximum between the RRU housing and the pole.
e. Equipment should be secured by using steel/aluminum banding and not through
bolting/drilling into pole. Drilling into an existing street light pole generally voids
the pole’s warranty.
f. Equipment shall be stacked close together and on the same side of the pole. If a
long rectangular disconnect switch is used, the enclosure shall be rotated so the
elements can be stacked closer together on the pole. Wide offsets (more than 4
inches) of equipment enclosure brackets from the pole shall be prohibited.
g. All equipment height shall be above the ground at least 8 feet. If the small
wireless facility equipment is positioned toward the street, the attachment shall be
installed no less than 16 feet above the ground.
h. Small wireless facility equipment shall not extend more than 8 inches from the
pole exterior surface on the half of the pole facing the street side and 12 inches
from the pole exterior surface the remaining half not facing the street.
14. Wires and Cables: Wires and cables shall be contained within the shroud and placed
inside the pole to the maximum extent practicable with a maximum of 12 inches of
exposed cable slack per equipment unit. Cabling and meters shall be inside the pole or
shrouds to the maximum extent practicable. When feasible, provider may use existing
City conduit(s) between City pull box and City street light pole/other pole to install small
wireless facility wiring.
15. Signage and Lights:
a. Signage and lights are limited to what may be required by the FAA or FCC.
b. Signage and lights shall use the smallest and lowest visibility signs, including the
radio-frequency warning sticker required by government or electric utility
regulations, and placed as close to the antenna as possible.
c. Signage and lights shall use equipment that does not feature flashing lights that
may be visible to the public.
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Resolution
Page 3
16. Electrical Meters: A separate meter must be provided for small wireless facility.
Electrical meters should be located on, within the pole or underground. In the case pole
owner prohibits the use of a pole-mounted meter, and an above ground power meter box
is required, then the meter box must be of the smallest footprint available and be
approved by the City Engineer or designee.
17. Utility Box: Reasonable efforts must be made by provider to avoid the use of above
ground utility boxes. If above ground utility boxes must be used, then they shall:
a. Use the smallest feasible footprint and not exceed 48-inches in height and 30-
inches in width/depth.
b. Be secured to a concrete pad.
c. Deviations from these standards must be approved by City Engineer or designee.
18. Pole Height: Overall height of the pole shall be similar to the surrounding poles and/or
not exceed 35 feet in height.
Ancillary Equipment:
19. Plans and photo simulations shall accurately show smaller equipment items such as
duplexers, ground buss bars, PBX or J-Boxes. These elements shall be hidden in
locations such as behind equipment enclosures or in mounting arms which feature
recessed areas.
New Stand-alone Utility Pole Design Standards:
20. City preference is that all poles with proposed small wireless facilities include a
luminaire and mast arm in accordance with City street light standards. However, the City
may review stand-alone utility poles on a case-by-case basis. Any new stand-alone pole
shall match the aesthetic of existing street light/poles adjacent to the new pole.
21. Visual standards for the pole include, but are not limited to, the following:
a. Any transition between an equipment cabinet at the base of the pole and the upper
pole should have a proper transition (at least 2 inches vertical for every one inch
change in diameter.
b. The equipment cabinet at the base of the pole shall not be larger than 28 cubic feet
in size.
c. Upper pole shall be scaled to 50% to 75% of the size of the cabinet but not larger
than 10 inches at the widest portion.
d. All hardware connections, including those between the cabinet and upper pole,
shall be concealed from view. No horizontal flat spaces greater than 1.5 inches
shall exist on the equipment cabinet to prevent placement of cups, trash, or other
objects.
Placement of New Stand-alone Utility Poles:
22. The placement of new stand-alone utility poles shall be in accordance with the below
standards (however, the City Engineer retains discretion for final approval of proposed
stand-alone pole locations). New utility poles:
a. Shall be at least 10 feet from the triangle extension of an alleyway flare.
b. Shall not be located within 100 feet of the apron of a fire station or other adjacent
2019-04-09 Agenda Packet Page 121
Resolution
Page 4
emergency service facility.
c. Shall not impede or obstruct usual pedestrian or vehicular travel in accordance
with City standards and ADA guidelines.
d. Shall be located at intersecting property lines when possible.
e. Shall be located on collector streets, when possible.
f. Shall be located at least 15 feet away from tree trunks or outside of the drip line of
the tree (whichever is greater) to prevent root disturbance.
g. Shall be located at least 5 feet away from the widest point of a drive approach.
h. Shall be located at least 50 feet from an existing electrical/electronic traffic
control device.
i. No physical, electrical, or radio interference by the small wireless facility
equipment shall be permitted.
ii. If required by the City, the provider will provide analysis that the
proposed small wireless facility shall not cause any interference with the
City public safety radio system, electrical/electronic traffic control
devices, emergency signal control devices, “smart city” applications, or
other City communications or electronic components.
iii.
i. When located adjacent to a commercial establishment, reasonable efforts should
be made to ensure that the facility is not in direct view of businesses’ main
entrance, picture windows or other large openings including, but not limited to
sliding glass doors or openings that create an indoor-outdoor dining experience.
Decorative Pole Placement:
23. Decorative poles, defined as a pole that is specially designed and placed for an aesthetic
purpose, may be replaced by a wireless provider for the purpose of collocation if the
replacement pole reasonably conforms to the design aesthetic of the displaced pole.
24. The decorative pole design must be approved by the City Engineer or designee.
Photo Simulations:
25. Ensure that all photo simulations appear realistic with respect to cabling/conduit, the RF
warning and node ID stickers, and equipment offset from the pole. Verify whether a GPS
antenna is needed; as submittals often feature (macro-sized) GPS antennas on simulations
when none are shown on plans or needed.
26. If the existing pole is leaning and slated for replacement, the simulation should show a
new upright pole.
27. Ensure photo simulations accurately show the offset of equipment cabinets from the pole.
Many simulations depict flush-mounted installations when the actual site features a
significant offset from the pole.
2019-04-09 Agenda Packet Page 122
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING TALL SHIP BILL OF RIGHTS
THE OFFICIAL TALL SHIP OF THE CITY OF CHULA VISTA
AND AUTHORIZING IT TO FLY THE CITY’S FLAG ON ITS
MAST
WHEREAS, the Bill of Rights was constructed in 1971 in South Bristol Maine by
Harvey F. Gamage, and spent years chartering New England waters; and
WHEREAS, as a sail training vessel, the Bill of Rights sailed the Atlantic Coastal waters,
traversed the Panama Canal and sailed the east Pacific Coastal waters to California; and
WHEREAS, the Bill of Rights is now berthed at the California Yacht Marina’s excursion
dock in the Chula Vista Harbor; and
WHEREAS, the Bill of Rights serves the City of Chula Vista and surrounding
communities with on-the-water programs that link education, science, and art in an innovative,
maritime-learning platform, and it represents the City in various sea battles and tall ship festivals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it designate tall ship Bill of Rights the official tall ship of the City of Chula Vista and
authorize it to fly the City’s flag on its mast in accordance with typical boat flag etiquette.
Presented by Approved as to form by
Jill M. Galvez Glen R. Googins
Councilmember City Attorney
2019-04-09 Agenda Packet Page 123