HomeMy WebLinkAbout2020/10/06 Agenda Packet I declare under penalty of perjury that I am employed
by the City of Chula Vista in the office of the City Clerk
and that I posted the document according to Brown Act
requirements.
Dated: 10 I Signed:
�
n... CITY OF OF
CHULA VISTA
Mary Casillas Salas, Mayor
John McCann, Councilmember- District 1 Maria V. Kachadoorian, City Manager
Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember- District 4
Tuesday, October 6, 2020 5:00 PM Via Teleconference
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE
INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE
IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY
VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS.
HOW TO WATCH: Watch the meeting via livestream at https://chulavista.legistarcom/Calendaraspx, on AT&T U-verse
channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also
aired on Wednesdays at 7 p.m. (both channels)and are archived on the City's website.
HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at:
https://chulavista.legistar.com/Calendaraspx. The commenting period will be open shortly after the agenda is published
will remain open through the meeting. All comments will be available to the public and the City Council using the
eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period.
Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit
a comment,please contact the City Clerk's Office at cityclerk@chulavistaca.gov or(619)691-5041.
ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access
and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (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.
—The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus,
Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we
have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a
publicly accessible experience.
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City Council Agenda October 6,2020
CALL 'TCS ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Sales
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR (Items 1 - 6)
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 comment on one of these items, do so at
https.-Ilchulavista.legistar.com/Calendar.asprx
20-0397 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE, AND MAINTENANCE AGREEMENT TEMPLATE
BETWEEN THE CITY OF CHULA VISTA AND PROPERTY
OWNERS IN THE CITY OF CHULA VISTA
Department: Development Services Department
Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing)
Facilities), Section 15302 Class 2 (Replacement or Reconstruction),
Section 15303 class 3 (New Construction or Conversion of Small
Structures), Section 15304 Class 4 (Minor Alterations, to Land), and Section
15317 Class 17 (Open Space Contracts or Easements).
Recommended Action: Council adopt the (resolution.
2. 120-0281 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND HO FEED VILLAGE 8,
LLC AND OTAY LAND COMPANY, LLC, REGARDING
CONSTRUCTION OF THE OTAY RANCH VILLAGE EIGHT
WEST TOWN SQUARE PARK, NEIGHBORHOOD PARK,
AND COMMUNITY PARK
Department: Development Services Department
Environmental Notice: The Project was adequately covered in previously certified Final
Environmental Impact Report CFEIR 10-103) (ScN #20110062093) for the
Otay Ranch Sectional Planningl Area (SPA) Plan - Village 8 West.
Recommended Action: Council adopt the (resolution.
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City Council Agenda October 6,2020
3 20-0394 A. RESOLUTION of THE CITY COUNCIL of THE CITY
OF' CHULA VISTA APPROVING, A STo MWAT R
MANAGEMENT FACILITIES MAINTENANCE WITH GRANT
OF ACCESS AND COVENANTS FOR OTAY RANCH
VILLAGE EIGHT WEST BETWEEN THE CITY of CHULA
VISTA AND HOME,FED VILLAGE LLC AND oT'AY LAND
COMPANY, LLC
B. RESOLUTION of THE CITY COUNCIL of THE CITY
OF' CHULA VISTA APPROVING A GRANT of EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT FOR OTAY
RANCH VILLAGE EIGHT WEST BETWEEN THE CITY of
CHULA VISTA AND HoMEFCD VILLAGE 8, LLC AND OTAY
LAND COMPANY, LLC
C. RESOLUTION of THE CITY COUNCIL of THE CITY
OF CHULA VISTA NOTICING 'THE APPROVAL of THE
FINAL "A" MAP" OF CHULA VISTA 'TRAC'T No. 19.03, OTAY
RANCH VILLAGE 8 WEST
Department.: Development Services Department
Environmental Notice: The Project was adequately covered in previously certified Final
Environmental Impact Report FEIR 10-03 (SCH #20100620,93) four the
otay Ranch Sectional Planning Area (SPA) Plan -Village 3 west.
Recommended Action: Council adopt the resolutions.
4. 20-0381 RESOLUTION of THE CITY COUNCIL of THE CITY of
CHULA VISTA AWARDING A CONTRACT FOR THE
TRAFFIC SIGNAL ODIFICAT O S (MEASURE P
(TRF0408) PROJECT TO HMS CONSTRUCTION, INC. IN
THE AMOUNT OF $31200,0010
Department. Engineering Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing
Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and
Section 15303 class 3 (New Construction or Conversion of Small
Structures .
Recommended Action: Council adopt the resolution.
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City Council Agenda October 6,2020
5. 120-0400 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE, SUBMITTAL OF GRANT
APPLICATIONS FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM CYCLE 10 THROUGH
CALTRANS, AND STATING THE CITY'S ASSURANCE TO
COMPLETE THE PROJECTS
Department: Engineering Department
Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing)
Facilities) and/or Section 15303 class, 3 (New Construction or Conversion of
Small Structures).
Recommended Action: Council adopt the resol�ution.
6. 120-0414 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
2018-20,20 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA MID-MANAGERS/PROFESSIONAL ASSOCIATION
(MM/PR) TO EXTEND THE TERM OF THE M TO JUNE
301, 2021 AND TO PROVIDE FOR SPECIFIED CHANGES
TO THETERMS AND CONDITIONS OF EMPLOYMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2020-2021 COMPENSATION SCHEDULE EFFECTIVE
OCTOBER 9, 2020, AS REQUIRED BY CALIFORNIA CODE,
OF REGULATIONS, TITLE 2, SECTION 570.5
Department: Human Resources Department
Environmental Notice: The activity is not a "Project as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
Ireview is required.
Recommended Action: Council adopt the resolutions.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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City Council Agenda October 6,2020
PUBLIC COMMENTS
Persons commenting 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 If you wish to comment,, you may do so at
https.-Ilchula vista.legistar.com/Calendar.aspx
T. 20-0409 PUBLIC COMMENTS RECEIVED for October 6, 2020
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you wish
to comment on one of these items, you may do so at
https.-Ilchula vista.legistar.com/Calendar.aspx
8. .20-0333 CONSIDERATION OF CERTIFYING THE RESULTS OF A
SPECIAL ELECTION IN COMMUNITY FACILITIES
DISTRICT NO 17-1 (WESTERN CHULA VISTA
DEVELOPMENT IMPACT FEE (D I F) FINANCING
PROGRAM) AND ADDING SUCH TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 17-1
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 17-1 (WESTERN CHULA VISTA DIF
FINANCING PROGRAM), CERTIFYING THE RESULTS OF
A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED
AS, COMMUNITY FACILITIES DISTRICT NO. 17-1
(WESTERN CHULA VISTA DIF FINANCING PROGRAM),
ANNEXATION NO. 2020-02) AND ADDING SUCH
TERRITORY TO COMMUNITY FACILITIES DISTRICT' NO.
17-1 (WESTERN CHULA VISTA DIF FINANCING PROGRAM)
Department: Development Services Department
Environmental Notice: The activity is not a "Project" as defilned under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the Ire,solution.
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City Council Agenda October 6,2020
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the Council and
are expected to elicit discussion and deliberation. If you wish to comment on one of these
items, you may do so at https.-Ilchula vista.legistar.com/Calendar.asp.
9. 20-0316 CONSIDERATION OF AMENDING THE CHULA VISTA
MUNICIPAL CODE TO ESTABLISH ENERGY UPGRADE
REQUIREMENTS FOR ADDITIONS AND, REMODELS TO
SINGLE, FAMILY HOMES AND CONDOS
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH ENERGY UPGRADE REQUIREMENTS
FOR ADDITIONS AND REMODELS TO SINGLE FAMILY
HOMES AND CONDOS (FIRST READING)
Department: Economic Development Department
Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidlellin�es Section 15308 Class 8 (Actions
by Regulatory Agencies for Protection of the Environment) and Section
15301 Class 1 (Existing Facilities). Notwithstanding the foregoing, the
"Project" also qualifies for an Exemption pursuant to Section 15061(b)(3) of
the California Environmental Quality Act State Guidelines.
Recommended Action: Council place the ordinance on first reading.
10. 120-0365 CONSIDERATION OF ACCEPTANCE OF THE
TELECOMMUNICATIONS MASTER PLAN
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE TELECOMMUNICATIONS,
MASTER PLAN
Department: Information Technology Department
Environmental Notice: The activity qualifies for a Statutory Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15262 (Feasibility and
Planning) Studies). Notwithstanding the foregoing, the activity qualifies for an
Exemption pursuant to Section 15061(b (3) of the California Environmental
Quality Act State Guidelines.
Recommended Action: out nicil adopt the resol�ution.
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City Council Agenda October 6,2020
CITY MANAGER'S REPORTS
MAYOR'S REPORT'S
COUI NCILM EMBERS' COMMENTS
CITY ATTORNEYS REPORTS
ADJOURNMENT
to the regular City Council meeting on October 20, 2020, 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,please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or(619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online.
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A,GEN' DA S,TIA, "nEMENT
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CITY, OF
CHUIAVISTA
October 6,2020 File ILS: 20-0397
TITS
RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CHULAVISTA APPROVINGAG NT OF EASEMENTS,
LICENSE, ANIS MAINTENANCE AGREEMENT TEMPLATE BETWEEN THE CITY of CHULA VISTA AN:
PROPERTY OWNERS IN THE CITY OF CHULA VISTA
RECOMMENDED171
Council adopt the resolution.
SUMMARY
The City often enters into Grant of Easements, License, and Maintenance Agreements ("GELMA(s)" or
"Agreement(s)" with property Owner(s) to grant non-exclusive easements and rights-of-way across public
rights-of-way a ": O'V1J")i and. City-owned property ("Public Areas") in order'to maintain i
landsca n m.
landscaping,g� storm
water facilities, and other improvements. Owners are then responsbile for the maintenance obligations or
can transfer said obligations to Community Association or other entity in the future.The proposed Template
Agreement will be used for future developments and includes insurance and indemnity obligations in favor
of the City. Future.Agreements using the template would require only the approval of the City Engineer, or
designee,and be subject to minor,modification as approved by the City.Attorney.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California
Environmental Quality Act(CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section. 15,3011 Glass 1 (Existing Facilities), Section 1530.2 Class 2
(Replacement or Reconstruction), Section. 15303 Class 3 (:New Construction or, Conversion. of Small
Structures), Section 15304 Class 4, (Minor Alterations to Land), and Section 15317 Class 17 (Open Space
Contracts or Easements) because the proposed actions would not result in a significant effect on the
environment,create a cumulative impact,damage a scenic highway,or cause a substantial adverse change in
the significance of a:historical resource.Thus,no further environmental review is required.
DISCUSSION
The purpose of this action is to approve a GELMA template(Exhibit"A")for the City to grant and assign future
property owner(s),or their successors) in interest, certain non-exclusive easements over and across Public
Areas to privately maintain,repair,and replace certain public improvements within the Public Areas. Public
1111. 0 0 1 P � 11
2020-10-06 Agenda Packet Page 8 of 629
improvements include but are not limited to landscaping,biore,te,ntion and biofiltration basins, street tress,
decorative,lighting,benches, and other improvements located within said maintained Public Areas.,
In turn, the property owners will agree, at their sole cost and expense, to maintain, repair, and replace, or
cause to be,maintained,repaired,and replaced,those improvements within the,Public Areas at a level equal
to or better than the level of maintenance which is acceptable to the Director of Public Works, at his/her
discretion. Property owners are permitted to assign their GELMA obligations to a homeowner's association
or other entity in accordance with the Agreement.
If approved, the proposed template would be used to by staff to enter into future GELMAs with property
owners. This action would authorize the Agreements to be executed by the City Engineer, or their designee,
with such minor edits as may be recommended and approved by the City Attorney.
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§87 100,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
All costs associated with the processing of future Agreements will be borne by the developers/property
owners, resulting in no net impact to the General Fund or Development Services Fund in the current fiscal
year.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of approving this template.
ATTACHMENTS
Attachment 1-. Exhibit A"Grant of Easements License and Maintenance Agreements'Template')
Staff Contact:Boushra Salem,Principal Civil Engineer
P 2
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT of EASEMENTS,
ENTS,
LICENSE,
AND MAINTENANCE AGREEMENT TEMPLATE
BETWEEN THE CITY OF CHULA VISTA AND PROPERTY
OWNERS IN THE CITY of CHULfA VISTA
WHEREAS, during the land development process, City staff processes Grant of Easements,
License, and Maintenance A reementsGEL A s
" or "Agreement(s)"')��� with the property
owner(s)("Owner"), to grant certain non-exclusive easements and rights-of-way across public
rights-of-way "Row" and City"-owned property ("Public Areas") to private property owners to
maintain,repair, and replace certain public improvements including but not limited to landscaping,
bioretention and biofiltration basins, street tress, decorative lighting, benches, and other
improvements located within the Public Areas; and
WHEREAS,in accordance with the Agreement,the property owners agree, at their sale cost
and expense, to maintain, repair, and replace, or cause to be maintained, repaired, and replaced,
those public improvements within the Public Areas at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works; and
WHEREAS, in accordance with the Agreement,the property owners are permitted to assign
their obligations under the agreement to a homeowner's association or other entity subject to
approval by the City; and
WHEREAS, the .Agreement requires the property owners to maintain insurance and
indemnify the City in order to protect the interests of the City; and
WHEREAS, City staff recommends ds that the City Council approve the GELMA A. tem. late,
presented as Attachment l to the accompanying Agenda Statement, which is incorporated herein
by this reference, and authorize the City Engineer, or designee, to approve and execute future
G L MAs to erasure adequate maintenance of the public improvements within Public Areas.
Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby approves the Grant of Easements, License, and Maintenance Agreement template, in
the form presented, and authorizes the City Engineer, or designee, to approve and execute future
GELMA.s on behalf of the City, in a form approved by the City Attorney, copies of whish shall be
kept on file in the office of the City Clerk.
Presented by .Approved as to form by
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Resolution No. 2020-
Page 2
Tiffany Allen Glen Googins
Director of Development Services City Attorney
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista,, CA 1910
No transfer to is due as this is a conveyance to a
public agent y.for less than aft-,�e interest.for which
no cash consideration has been paid or received
ABOVE SPACE FOR RECORDER'S USE
CCV File No. Pro sect File Number
A
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO.,
Project Name
(DEDICATED EASEMENTS)
THIS GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this day of 120 , (the "Effective Date") by
and between the CITY OF CHULA VISTA,, a Municipal Corporation (""City""), and O)NNER
NAME ("Owner").
RECITALS
A. This Agreement concerns and affects certain improvements within a portion of the
real property located in Chula Vista, California, more particularly described in Exhibit "A"
attached hereto (""Property""). The Property is part of the master planned community commonly
known as Project Name ("Project"), being subject of City Council Resolution Nos.
I and (each a "City Resolution"). For purposes of this Agreement, the term
"Project" shall, also refer to the overall Project property.
B. Owner is the owner of the Property and the Declarant under that certain Declaration
of Covenants, Conditions and Restrictions of Project Name filed, or to be filed, in the County
Recorder's Office of San Diego County ("Community Declaration"). The Community
Declaration provides for the Project Association ("Association"), to maintain certain areas in the
Project. One or more subassociations may be formed(each a"Subassociation")for particular areas
within.the Project to maintain certain amenities within the area over which the Subassociation has
jurisdiction.
C. The Property is, or is intended to be, covered by one or more certain final maps
(each a "Final Map").
GELMA TEMPLATE
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D. In order for Owner to obtain the Final Map(s) and for the City to have assurance
that the maintenance of certain areas within the Prod ect will be provided for, the City and Owner
agree that maintenance of such areas shall be accomplished by the creation of the Association.
The public areas to be maintained by the Association are collectively referred to as "'Association
Maintained Public Areas", which are depicted on Exhibit "B" attached hereto.
E. The City desires to grant to Owner easements for maintenance purposes upon,over,
and across the Association Maintained Public Areas in order to facilitate the performance by
Owner of the obligations as set forth in the City Resolution(s) and other Project entitlements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
1. Grant of Easements. The City hereby grants to Owner and its, agents,
successors, and assigns, non-exclusive easements and rights-of-way over and across the City
owned or controlled property described on Exhibit "B" for the purpose of maintaining, repairing,
and replacing landscaping, the geogrid plantable retaining walls (if applicable), and other
improvements located within the Association Maintained Public Areas. The grants are made
without any warranties of any kind, express or implied, except as expressly provided herein.
2. Maintenance Obligations. Owner hereby covenants and agrees, at its sole
cost and expense, to maintain, repair, and replace, or cause to be maintained, repaired, and
replaced, those improvements within the Association Maintained Public Areas at a level equal to
or better than the level of maintenance which is acceptable to the Director of Public Works, at
his/her discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance", or "Maintain" shall mean the
maintenance, repair, the provision of water, and replacement obligations described herein and on
Exhibit "C" attached hereto and shall also include repair and replacement at no cost to the City
of any City-owned or controlled property that is damaged as a result of the activity of Owner, or
the Association or any other Assignee (as defined below) during the performance of or failure to
perform the maintenance obligations, pursuant to this Agreement. Exhibit "C" also refers to the
maintenance responsibilities of the City.
30 Assi2nment by Owner; Release of Owner.
(a) Assignment. Owner represents to City that it intends to, and has the
authority to,unilaterally transfer(subject to the City's approval as provided herein) all or some of
the maintenance obligations under this Agreement to the Association and that the ability to
effectuate such transfer is provided for in the Community Declaration. If Owner assigns any
obligations under this Agreement to the Association, the Association shall perform all
Maintenance and other obligations under this Agreement. A transfer from Owner to the
Association will not be effective and will not release Owner from its obligations under this
Agreement until City makes a written determination that all of the following have occurred:
(i) Association Acce is 1i ations. The Association has
unconditionally accepted and assumed,in writing, all of Owner's obligations under this Agreement
arising from and after the date of the assignment and such assignment provides that the burden of
-2- GELMA TEMPLATE
2020-1.0-0,6 Agenda Packet Page 1.3 of 629
this Agreement remains a covenant running with the land, and the Association expressly assumes
the obligations of Owner under this Agreement. The assignment must be approved by the
appropriate governing body of the Association by resolution or similar procedural method and
approved as to form and content by the City Attorney.
(11) Association's Community Declaration. Owner provides City
with a written representation that there have been no modifications to the recorded Community
Declaration previously approved by the City.
(iii) Association Insurance. The Association has procured and
formally resolves to maintain, at its sole cost and expense, commencing no later than the date of
City's release of all of Owner's landscape maintenance bonds, a policy of public liability insurance
which meets or exceeds the insurance requirements set forth in Exhibit "W'.
(iv) Association Indemnity. The Association acknowledges and
agrees in writing that it will indemnify, defend, and bold harmless City and all City Parties in the
same manner and to the same extent as Owner pursuant to Section 5 of this Agreement.
(v) City's Prior Written Consent. Owner obtains City's prior
written consent to the proposed assignment. The City shall not unreasonably withhold its consent
to such assignment.
The Parties agree to use the Assignment of Obligations Under Grant of Easements, License and
Maintenance Agreement that is attached hereto as Exhibit "E", in substantially the same form as
attached, subject to changes approved by the City Attorney, to effectuate an assignment under this
Agreement.
(b) Release. When all conditions precedent in Section 3(a) are fulfilled
and the Assignment of Obligations Under Grant of Easements, License and Maintenance
Agreement has been recorded, Owner shall be released from its obligations under this Agreement,,
including its security and insurance requirements. Owner acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement until released by the City from
this Agreement. At least sixty(60) days prior to proposed assignment, Owner shall give a notice
to the City of Owner's intent to assign its Maintenance obligations herein and provide the City with
the appropriate documents, listed in Section 3(a). In accordance with Section 3(c), the City
acknowledges that if all of the above conditions precedent are satisfied, Owner may transfer its
obligations in phases and in such case, Owner shall be released as to the obligations so assigned.
(cc) Phased Transfer. The parties agree that an assignment of
obligations under this Agreement may be phased (that is, there may be multiple transfers) subject
to City's prior written approval as provided for in this Section.
4. Assi2nment by Association; Release of Association.
(a) Assignment. If obligations under this Agreement have been
assigned by Owner to an Association, the Association may further assign. such obligations under
this Agreement to a Subassociation or other entity (".Assignee" in strict accordance with this
-3- GELMA TEMPLATE
2020-1.0-0,6 Agenda Packet Page 1.4 of 629
Agreement. Such assignment from Association to an Assignee will not be effective and will not
release Association from its obligations under this Agreement until all of the following occur:
(1) Transferee AcceptsObligation. The Assignee has
unconditionally accepted and assumed all of Association's obligations under this Agreement in
,
w itingsuch assignment 1 0
r nt provides that the burden of th's Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of Association under this
Agreement. If the Assignee is a Subassociation, the assignment shall also have been approved by
the appropriate governing body of the Subassociation by resolution or similar procedural method
and approved as to form and content by the City Attorney. The Parties agree to use Exhibit "E"',
in substantially the same form subject to changes approved by the City Attorney, to effectuate an
assignment of this Agreement.
(ii) Subassociation"s Declaration of Restrictions. If the Assignee
is a Subassociation,the City has reviewed and approved the Subassociation's recorded Declaration
of Restrictions to confirm that said document contains appropriate maintenance and insurance
provisions.
(iii) Assignee Insurance. The Assignee procures and maintains
at its sole cost and expense, a policy of public liability insurance which meets the requirements set
forth in Exhibit "W'.
(iv) Assignee Indemnity, Assignee acknowledges and agrees in
writing that it will indemnify, defend, and hold harmless City and all City Parties in the same
manner and to the same extent as Owner pursuant to Section 5 of this Agreement.
(v) Cit s Written Consent. The Association has obtained the
City's written consent to the proposed assignment. The City sball, not unreasonably withhold its
consent to such assignment.
(b) Release. When all conditions, precedent in Section 4(a) are
fulfilled,the Association shall be released from its obligations under this Agreement, including its
security and insurance requirements. At least sixty (60) days prior to such transfer, Association
shall give notice to the City of Association's intent to assign its obligations herein and provide the
City with the appropriate documents listed in Section 4(a).
5. Insurance. Owner and its successors in interest must procure and maintain
at their sole cost and expense a policy of public liability insurance that meets or exceeds the
insurance requirements in Exhibit "W'.
60 Indem . Owner and its successors and assigns shall indemnify, defend
and hold City, its City Council, Commissions, officers, agents, employees, subcontractors, and
independent contractors (each a "City Party", collectively, the "City Parties") free and harmless,
at their sole cost and expense, from any liability whatsoever, based or asserted upon any act or
omission of Owner, its officers, agents, employees, subcontractors and independent contractors,
for property damage, bodily injury, or death (Owner's employees included) or any other element
of damage of any kind or nature, relating to or in any way connected with or arising from the
activities contemplated by this Agreement, including, but not limited to, the use, maintenance, or
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2020-1.0-0,6 Agenda Packet Page 1.5 of 629
repair of the Association Maintained Public Areas, save and except for liability or claims arising
through the sole active negligence or willful misconduct of City. Owner and its successors and
assigns shall defend, at their sole cost and expense, including attorneys' fees, any and all City
Parties in any legal or equitable action based upon such alleged acts or omissions, save and except
liability or claims arising through the sole active negligence of willful misconduct of City.
7. Aueement Bindinp, Upon any Successive Parties. This Agreement shall
be binding upon Owner and any successive Declarant under the Community Declaration. This
Agreement shall be binding upon the Association, an Assignee, or any other assignee or successor-
in-interest upon assignment of obligations under this Agreement. This Agreement shall inure to
the benefit of the successors, assigns, and interests of the parties as to any or all of the Property.
8. Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the community
and other parties, public or private, in whose favor and for whose benefit such covenants running
with the land have been provided, without regard to whether the City has been, remained or are
owners of any particular land or interest therein. If such covenants are breached, the City shall
have the right,but not the obligation,to exercise all rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this Agreement and the covenants may be entitled.
a,
9. Assignment Pursuant to Acguisition of Owner Interest. In addition to
other means for assignment provided in this Agreement, Owner may assign rights and delegate
some or all of its obligations under this Agreement to another master developer subject to City's
prior written consent. Prior to any such proposed assignment, Owner shall identify to City the
proposed assignee has agreed in writing to fulfill Owner's obligations under this Agreement.
Owner acknowledges and agrees that the City retains the right to consent or not consent to such
proposed assignment, but City's consent shall not be unreasonably withheld.
10.1 Governing Laws. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
I L Effective Date. The terms and conditions of this Agreement shall be
effective as of the Effective Date on page I of this Agreement.
12. Lounterparts. This Agreement may be executed in any number of
counterparts, each of which shall be original and all of wbicb shall constitute one and the same
document.
130 Record The parties shall cause this Agreement to be recorded in the
Office of the County Recorder of San Diego County within thirty (30) days after this Agreement
has been approved by the City Council.
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2020-1.0-0,6 Agenda Packet Page 1.6 of 629
1 . Misecellaneous Provis ions.
(a) NUnless otherwise provided in this Agreement or by law,
any and all notices required or permitted by this Agreement or by law to be served on or delivered
to either party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)business
days have elapsed following deposit in the United States Mail, certified or registered mail, return
receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement.
A party may change such address for the purpose of this Section by giving written notice of such
change to the other party.
City of Chula Vista
Development Services Department
Land Development Division
276 Fourth Avenue
Chula Vista, California 91910
With copy to
Attn: City Attorney
City of Chula Vista
276 Fourth.Avenue
Chula Vista, California 91910
Owner.
Address
Attn:
(b) Captions. Captions in this Agreement are inserted for convenience
of reference and do not define,, describe or limit the scope or intent of this Agreement or any of its
terms.
(cc) Entire Agreement. This Agreement, together with any other
written document t referred to herein, embody the entire agreement and understanding between the
parties regarding the subject matter hereof, and any and all prier or contemporaneous oral or
written representations, agreements, understandings and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any ether agreement between the
parties unless expressly noted.
(d) Recitals Exhibits. Any recitals set forth above and any attached
exhibits are incorporated by reference into this Agreement.
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(e) Compliance with Laws. In the performance of its obligations
under this Agreement, owner, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have been
taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns, and duly recorded in the office of the County
Recorder of San Diego County.
(h) "reparation of A reement. No inference, assumption or
presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated equally in the
preparation and/or drafting of this Agreement.
End of page (next page is signature page)
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2020-10-06 Agenda Packet Pae 1.8 of 629
SIGNATURE PAGE 1 OF 2 FOR
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
Project Name
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed the
day and year first set forth above,
CITY OF CHULA VISTA:
City Manager
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
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2020-1.0-0,6 Agenda Packet Page 1.9 of 629
SIGNATURE PAGE 2 OF 2 FOR
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
Project Name
OWNER
By: Owner
By:
Its:
By;
Its:
(Notary to attach acknowledgmentfor each signature)
(Corporate Authority requiredfbr each Signatory, 'applicable.)
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2020-1.0-0,6 Agenda Packet Page 20 of 629
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Diego
On before me, a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(les), and that by his/her/their signature(s) on the instrument the person s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this,certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Diego
On before me,, a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacities , and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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2020-1.0-0,6 Agenda Packet Page 21 of 629
Attachments:
Exhibit "A": Legal Description of Property
Exhibit "B": Plat Showing Public Area to be Maintained
Exhibit "C": Maintenance Responsibilities
Exhibit "D": Insurance Requirements
Exhibit "E": Draft Assignment Agreement
GELMA TEMPLATE
2020-1.0-0,6 Agenda Packet Page 22 of 629
11".XHIBIT "A"
Legal Description of Property
[See Attached]
EXHIBIT "Att GELMA TEMPLATE
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11".XHIBI1 "B"
Plat Showing Public Area to be Maintained
[See Attached]
EXHIBIT "B" GELMA TEMPLATE
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11".XHIBI1 "C"
Maintenance Responsibilities
[See Attached]
EXHIBIT 4focll GELMATEMPLATE
2020-1.0-0,6 Agenda Packet Page 25 of 629
EXT GL99
Insurance l egWrements
Owner and all of its successors and assigns shall procure and maintain the following insurance
coverages for the duration of the Agreement against claims for injuries to persons or damages to
property y performance or non-performance under
which may arise from or 1n connection.V�"lt t
the Agreement and the results of that performance or non-performance insurance.
1. General Liability Insurance. Owner shall obtain a comprehensive general
liability and property damage insurance policy insuring HomeFed Owner against liability incident
to ownership or use of property. The limits of such insurance shall not be lens than Three Million
Dollars ($3,o00,000.00)covering all claims for death,personal injury and propety damages arising
out of a single occurrence. The Aggregate Limit will not be less than two times the Combined
BI/PD "per occurrence" Limit of Liability, or not less than $6,000,000. The insurer issuing such.
insurance shall have rating by A.M. Brest "A, Class W, or better with modified occurences and as
admitted by Best's Insurance Guide. Such insurance shall include the fallowing additional
provisions provided they are available on a commercially reasonable basis:
(a) The City of Chula Vista shall be named as a Liability Additional.
Insured to such insurance on a Primary basis, and.Liability Additional Insured Endorsement shall
not exclude products /completed operations hazard pursuant to the City's requirements for Owner
to do so;
(b) The policy shall not contain a cross-suit exclusion clause which
would abrogate coverage should litigation ensure between insureds; and.
(c) The policy shall contain the following severability clause (or
language which is substa.nially the same); "The coverage shall apply separately to each insured
except with respect to the limits of liability".
These requirements may not be amended without the written consent of the City Attorney and the
Director of Development Services.
Owner shall provide the City with a Certificate of Insurance and Liability Additional Insured
Endorsement designating, "'City of Chula Vista", upon procurement of time policy as set forth
above.
EXHIBIT "D" GEL ATE PLATE
2020-10-06 Agenda Packet Page 26 of 629
. HIBIT "E"
DRAFT FORM OF ASSIGNMENT OF OBLIGATIONS UNDER
GRANT OF EASEMENTS, LICENSE S AND MAINTENANCE AGREEMENT
[See Attached]
EXHIBIT "E" GELMATE PLATE
2020-10-06 Agenda Packet Page 27 of 629
RECORDING RDING R QUEST D BY
AND WHEN RECORDED MAI TO:
SPACE ABOVE FOR RECORDER'S USE ONLY
ASSIGNMENT of OBLIGATIONS UNDER
GRANT of EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
HULA VISTA TRACT NO.,
PROJECT NAME
(DEDICATEDEASEMENTS)
This .ASSIGNMENT OF OBLIGATIONS UNDER GRANT OF EASEMENTS, LICENSE
AND MAINTENANCE AGREEMENT "assignment" is made this day of
20 (the "Effective Date") by and between OWNER NAME, a JURISDICTION/ENTITY TYPE
("Assignor"), and ASSOC IAT'ION/SUBA 'SC C IA.T"IONAME, a JURISDICTION/ENTITY TYPE
("Assignee"), with reference to the facts set firth below.
RECITALS
A. Assignor entered into that certain Grant of Easements, License and Maintenance
ar ce
Agreement with the City of Chula Nista, a Municipal Corporation "City") recorded on DATE as
Document No. INSERT in the Say Diego County Recorder's Office ce "Areement")..
B.
Assignor, as"Declarant,"'recorded that certain Declaration of Covenants, Conditions an
Restrictions dated DATE as Document
No. INSERT in the e an. .Diego County .Recorder's Office
("Community Declaration"). Pursuant to the Community Declaration, Assignee ovens or will own
certain real property within the roaster planned community commonly known as "INSERT", including
without limitation, that certain real property more particularly described.on Exhibit"A" attached hereto
and incorporated herein, which real property is subject to the Agreement and encumbered or to be
encumbered by the Community Declaration as part of the"Community Association.Property" described
in the Community Declaration.
C. Pursuant to the Agreement and the Community Declaration, Assignee shall be
responsible for the maintenance of certain:public areas within PROJECT described in the Agreement as
2020-10-06 Agenda Packet Page 28 of 629
"Association Maintained Public Areas," including without limitation the area shown on Exhibit "B"
attached hereto and incorporated herein ("Association Maintained Public Area").
D. Assignor desires to assign to Assignee, and Assignee desires to assume, all of Assignor's
obligations relating to the Association Maintained Public Area under the Agreement, as more particularly
set forth in this Assignment.
NOW, THEREFORE,for valuable consideration,the receipt and sufficiency of which are hereby
acknowledged, the parties agree as set forth below.
1. Asshmment and Assumption. As of the Effective Date, Assignor hereby assigns any
and all of its obligations relating to the Association Maintained Public Area under the Agreement to
Assignee pursuant to Section 3 or 4 of the Agreement. Assignee unconditionally accepts and assumes
any and all of Assignor's obligations relating to the Association Maintained Public Area under the
Agreement arising after the Effective Date. The Agreement shall remain a covenant running with the
land and Assignee expressly assumes the obligations of Assignor relating to the Association Maintained
Public Area as of the Effective Date. Assignee agrees to cooperate with Assignor and the City as
necessary for Assignor to obtain a release from the Agreement as to the Association Maintained Public
Area,including,without limitation,executing any documents required by the City to evidence the release
within ten (10) days after Assignor's, request therefore.
2. Communitv Declaration Requirements. Pursuant to Section 3 or 4 of the Agreement,
Sections INSERT of the Community Declaration include the following requirements: (i) Assignee shall
be responsible for the maintenance of the Association Maintained Public Areas as described in the
Agreement, (ii) Assignee shall indemnify the City for all claims, demands, causes of action, liability or
loss related to or arising from the maintenance activities by Assignee except to the extent caused by the
negligence or misconduct of the City, and (iii) Assignee shall not seek to be released by the City from
the maintenance obligations of the Agreement, without the prior consent of the City and one hundred
percent (100%) of the holder of first mortgages or owners of Property subject to the Community
Declaration.
3. Insurance Requirements. Pursuant to Section 3(a)(iii) or 4(a)(iii) of the Agreement,
Assignee shall procure and maintain at its sole cost and expense, commencing no later than the City's
release of all of Assignor's landscape maintenance bonds, a policy of liability insurance covering the
Association Maintained Public Area which at least meets the requirements set forth in Section INSERT
of the Community Declaration.
4. Indemnity. Pursuant to Section 7 of the Agreement, Assignee shall indemnify, defend
and hold City, its City Council, Commissions, officers, agents, employees, subcontractors and
independent contractors free and harmless from any liability whatsoever,'based or asserted upon any act
or omission of Assignee, its officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury, or death or any other element of damage of any kind or nature, relating
to or in any way connected with or arising from the activities contemplated by the Agreement,including
but not limited to, the use, maintenance, or repair of the Millenia,Association Maintained Public Areas,
save and except for liability or claims arising through the active negligence or willful, misconduct of
City.Assignee shall defend,at its expense,including attorneys'fees,City,its officers,agents, employees,
subcontractors and independent contractors in any legal or equitable action based upon such alleged acts
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2020-1.0-0,6 Agenda Packet Page 29 of 629
or omissions, save and except liability or claims arising through the active negligence of willful
misconduct of City.
5. Counterparts. This Assignment may be executed in counterparts, each of which shall
be deemed an original, but all of which taken together shall constitute one and the same agreement.
6. Construction of Assignment. The agreement contained herein shall not be construed in
favor of or against either party but shall be construed as if of parties prepared this Assignment.
7. Governing Law. This Assignment shall be governed by and construed under the laws
of the State of California.
8. Serera ilii In the event that any phrase, clause, sentence,paragraph, section, article or
other portion ofthis Assignment shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public
policy, the remaining portions of this Assignment shall not be affected thereby and shall remain in force
and effect to the fullest extent permissible by law.
A
9. Capitalized Terms. Any capitalized terms not otherwise defined herein shall have the
meaning set forth in the Agreement.
10. Bindinp,on Successors. This Assignment shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, assigns, personal representatives, executors, legal
representatives, heirs and legatees.
IN WITNESS WHEREOF, Assignor and Assignee have executed this, Assignment as of the
Effective Date.
ASSIGNOR:
Owner Name
jurisdiction/entity type
By:
Name.-
Title:
By:
Name-.
Title:
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ASSIGNEE:
Association/Subassociation Name
jurisdiction/entit r type
By:
Name:
Title:
By:
Name:
Title:
State of California
County of
Before mel (insert name and character of officer),
on this dad personally appeared , known to me or proved to me
on the oath of or through (description of identity card or other document)to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed.
Given under mfr hand and seal of office this day of , 20
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CITY CONSENT
Pursuant to Section 3(a)(i) or 4 )(i) of the Agreement, the City Attorney hereby approves of the
form and content of this Assignment and has confirmed that there have been no modifications to the
required provisions of the recorded Community Declaration as described in Section 3 (a)(ii) or 4(a)(ii)
of the Agreement.
APPROVED:
City Attorney
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2020-1.0-0,6 Agenda Packet Page 32 of 629
zmr,
..'
l
v r
r
C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
l 1
CITY, OF
CHUIAVISTA
October 6,2020 File ID: 20-0281
TITS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT
BETWEEN THE CITY of CHULA VISTA AND HOMEFED VILLAGE B, LLC AND O AY LAND COMPANY., LLC,
REGARDING CONSTRUCTION of THE OTAY RANCH VILLAGE EIGHT WEST TOWN SQUARE DARK,
NEIGHBORHOOD PAR ,AND COMMUNITY PARK.
ACTIONRECOMMENDED
Council adopt the resolution.
SUMMARY
An Agreement Regarding Construction of Parrs (the"Agreement")has been made between HomeFed Village
B, LLC, a Delaware limited liability company and Otay Land Company, LLE, a Delaware limited liability
company, (collectively, "Developer" , and the City of Chula Vista (the "City" , providing the terms and
conditions for the construction of the Village Eight Nest's Town Square Parr, Neighborhood Parr, and
Community Parr.
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 required by the Agreement was
adequately covered in previously certified Final Environmental Impact Report EIR 10-03 (SCH
x#20100,62093) for the Otay Ranch Sectional Planning. Area (SPA) Plan - Village 8 West. Thus, no further
environmental review dor documentation is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Developer owns certain real property generally known as Otay Ranch Village Eight West "Village 0
"est" or the "Project"), as shown on Attachment 1, and located in the City of Chula Vista (the "Property" .
The Developer intends to develop the Property as generally depicted on Attachment 2 attached:hereto.
The C'ity's Parklands and Public Facilities Ordinance (Chula Vista Municipal Code [CVMC] Chapter 17.10
[PLDO]),as amended,requires that development projects provide land and improvements for neighborhood
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2020-10-0,6 Agenda Packet Pae 33 of 629
and community parks and recreational facilities and permits the City to require a combination of dedication
and payment of in lieu fees if'the City determines that the combination would better serve the public.
The PLDO's requirements have been and will be imposed on the Project through conditions, of approval of
the 'Tentative Subdivision Map for Village 8 West (CVT 19-03) approved by Chula Vista City Council
Resolution 2020-034 for the Project (Tentative Map) and supplemental subdivision 'improvement
agreements.
Satisfaction of the P Requi'rements
The PLDO is utilized to determine the parkland required for the Project. Table I below shows the calculation
for the Parkland requirement for Village 8 West.
Table 1 Parkland Calculation
Dwelling Uni't Type SF Parkland per DU Number of DUs SF Acreage
Single-Family 460 561 258;060 5.92
Multi-Family 341 11773
604)593 13.88
Total 19-80
The Village 8 West Sectional Planning Area(SPA) Plan anticipates that the Project will provide sufficient area
and facilities to meet its recreational needs on site through the provision of a Town Square,a Neighborhood
Park, and a Community Park consistent with the Project's parks master plans and the Parkland Acquisition
requirements of the PLDO.
The Project is a common interest development,and,by its approval of the Agreement,the legislative body of
the City has determined that both publicly-owned and privately-owned parks developed within the Project
are eligible to satisfy park dedication improvement and/or in lieu fee requirements under the PLDO.
Ownershl"p and Maintenance
The City typically owns and pays all or part of the cost to maintain parks using General Fund dollars. In
analyzing the anticipated fiscal impacts of Village 8 West,an ongoing fiscal deficit was identified. In order to
address that deficit, the Developer agreed to provide a mechanism to fund the maintenance of the Town
Square Park and Neighborhood Park, in perpetuity. The Developer, proposes to fund such ongoing
maintenance activities through a Homeowner's Association (the"Association"). In order for the Association
to fund the ongoing maintenance of the Town Center Park and Neighborhood Park, the Association must
retain fee title ownership of the subject properties. The Community Park within the Project will be owned
and maintained by the City.
In order to secure full public access and enjoyment of the Town Center and Neighborhood Park, the
Developer will grant a Public Access Easement over both parks, in conjunction with the Project's Final Map.
The Town Square Park and Neighborhood Park will be open for park use consistent with CVMC Section
2.66.270. At no time, will the Association modify 'Town Square Park or Neighborhood Park hours of
operation without the approval of the Director of Development Services,or their designee.
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2020-1.0-0,6 Agenda Packet Page 34 of 629
The Developer shall also be required to grant an irrevocable offer of dedication (IOD) to the City with the
Final Map for a total of 15.11 acres (14.,8 usable acres) of the Community Park as provided in the conditions
of approval for the Tentative Map. Such IOD is subject to the review and approval of the Development
Services Director. The allocation of parkland credits associated with the 14.8 usable acres will be divided as
described in Section 2 and 2.1 of the Agreement. The City will be responsible for construction and
maintenance of the Community Park.
The Association shall have full decision-making power over events and programing within the Town Square
Park and Neighborhood Park. The City shall have the opportunity to request and receive approval from the
Association for up to a combined total of twelve (12) City-sponsored events per,year at the Town Square
Park and the Neighborhood Park, subject only to availability, reasonable insurance and public health and
safety requirements. The City shall coordinate directly with the Association to schedule any City-sponsored
event. City shall be responsible for repairing any damages to the Neighborhood Park or Town Square Park
resulting from any City-sponsored event. In addition,the City shall be responsible for all custodial and trash
removal following any City-sponsored event.All events shall be consistent with the Village 8 West SPA Plan
and the requirements of'the CVMC Section 2.66.,
Rentals, Concessions and Events
Rentals,concessions,and special events are contemplated in the"Town Square Park and Neighborhood Park.
Unless specifically permitted in the Village 8 West SPA Plan, activities within all parks within Village 8 West
shall be subject to CVMC Chapter 2.66 Park and Facilities Rules.
The Association shall have full decision-making power over rentals and concessions in the Town Square Park
and Neighborhood Park, as well as control over and right to receive any revenues derived therefrom. Both
Association members and the public shall have access to rental opportunities within the Town Square Park
and Neighborhood Park. Members of the public will coordinate directly with the Association for such rentals
and the payment of'any rental fees.Association members and the public may secure rentals on a first come
first served basis. The Association shall establish rental fees, consistent with City fees for similar amenities.
Rental fees for Association members maybe discounted at the discretion of the Association.
Annual Budget Report
The Association shall submit annual park maintenance and reserve budgets,including life cycle replacement
guidelines to City for review by the Director of Development Services,or their designee.
Parkland Credits
Parkland Acquisition and Development credits are granted to the Developer by the City in satisfaction of the
Project meeting its PLDO obligations. Such credits are transferrable to other owners within Village 8 West
for application toward their Parkland Acquisition and Development(PAD) fee obligations at building permit
issuance.
Conclusion
This Agreement does not increase or decrease any park obligations but instead clarifies responsibility for
the PL,DO requirements attributable to the Project by addressing the amount of land required,the required
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2020-1.0-0,6 Agenda Packet Page 35 of 629
park design, park construction, bonding, the level of amenities to be provided, event programming and
identifies a maintenance funding mechanism,as required by existing Project conditions of approval.,
DECISION-MAKER CONFLICT'
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet oft e 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,etseq.).
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
The Developer is responsible for the payment of all costs to process the Village 8 West Parks Agreement.
There is no net impact to the General Fund,Development Services Fund,or Housing Fund in the current fiscal
year as a result of this action.
ONGOING FISCAL IMPACT
The proposed Agreement secures an ongoing funding source for the maintenance and operation of the Town
Center and Neighborhood parks to be located in Otay Ranch Village 8 West,while securing public access and
enjoyment of the planned parks. The maintenance funding is necessary in order to offset the fiscal deficits
that are otherwise indicated for the development of this Project and generates ongoing savings to the City's
General Fund. Assuming an annual maintenance cost of$14,000 per acre, and 8.3 acres of parkland to be
privately maintained, this equates to an annual General Fund savings of approximately $116,,200 (2020
dollars).
Implementation,costs of the Village 8,West Parks Agreement will be funded through future developer deposit
accounts associated with future development applications (final maps). Future costs related to park
construction and increases in park construction costs over time will be covered by the Developer,as spelled
out in the Parks Agreement. Staff costs associated with ongoing compliance monitoring will be paid by the
Developer or its successor.
Ongoing maintenance and operation of'the Project's Community Park acres will be a General Fund obligation.
Applying the same $14,000 per acres maintenance cost to the expected 14.8, net Community Park acres
results in an estimated ongoing General Fund impact of$207,200. Per the Fiscal Impact Analysis prepared
for the Project, sufficient General Fund revenues will be generated by the Project to offset this cost.
The Community Park is anticipated to be designed and constructed by the City as a capital improvement
project. The projected maintenance costs will be more fully analyzed and presented to the City Council for
consideration and approval in the future.
AIPTACHMENTS
1. Property Description
P 4
2020-1.0-0,6 Agenda Packet Page 36 of 629
Z. Property Development Concept
3. Village 8 West Parks Agreement
4. Cote Vera Covenants,, Conditions and Restrictions (CCs)
Staff Contact.-Janice Muth,Senior Project Coordinator
P 5
2020-1.0-0,6 Agenda Packet Page 37 of 629
RESOLUTION NO. 2020-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
C HULA VISTA APPROVING AN AGREEMENT IENT BETWEEN
THE CITY OF CULA VISTA AND HOMEFED VILLAGE 8,
LLCM ANIS oTAY LAND COMPANY, LLCM, REGARDING
CONSTRUCTION TION off" THE OTAY RANCH H VILLAGE EIGHT
NEST TOWN SQUARE PARK,NEIGHBORHOOD PARK,AND
COMMUNITY PAR
WHEREAS, the Agreement Regarding Construction of Parrs (Agreement) has been made
by and between HomeFed Village 8, LLCM, a Delaware limited liability company and otay Land
p any,
Com L C, a Delaware limited liability company, (collectively, D�eve oiler'' , and the City o
Chula Vista., a California municipal corporation and charter city(City); and
WHEREAS, Developer owns certain real property generally known as Otay Ranch
Village Eight West (Village 8 West), as shown on Exhibit 1, and located in the City of Chula Vista
(Property). Developer intends to develop the Property as generally depicted on Exhibit 2 attached
hereto- and
WHEREAS, Village 8 Nest will be developed in accordance with its Sectional Planning
Area (SPA) Plan, adopted by Chula Vista City Council Resolution 2013-270 and amended by City
Council Resolution 2020-033 (Project); and
WHEREAS, the City's Parklands and Public Facilities ordinance [Chula Vista Municipal
Code (CVMC) Chapter 17.10 (PLDO)], as amended, requires that development projects provide
land and improvements for neighborhood and community parks and recreational facilities and
permits the Citi to require a combination of dedication and payment of in-lieu fees if the City
determines that the combination would better serve the public; and
WHEREAS,the PL.Do's requirements have been and will be imposed on the Project through
conditions of approval of the Tentative Subdivision Map for Village 8 West(CVT 19-03), approved
by Chula Vista Cit Council Resolution 2020-034 for the Pro ect (Tentative Ma:y J p) an
supplemental subdivision improvement agreeme ts- and
WHEREAS, the PLDo is utilized to determine the parkland required for the Project,
whereby 460 square feet is required per single-family dwelling unit (DU) and 341 square feet is
required per multi-family DU. For the purposes of the Agreement, 561 single family DU times 460
square feet plus 1,773 multiple-family residences tires 341 square feet divided by 43,560 square
feet equals 19.8 acres; and
WHEREAS,the Village 8 West SPA Plan anticipates that the Project will provide sufficient
area and facilities to meet its recreational needs on site through the provision of a Torn Square
Park, a Neighborhood Park, and a Community Parr consistent with the project's parrs master plans
and the Parkland Acquisition requirements of the PLDo; and
WHEREAS, the Developer has agreed to provide a mechanism to fund the perpetual,
maintenance of 8.3 acres ofneighborhood parks planned within the Project,as required by the Fiscal
Impact Analysis prepared by I PFG dated January 16, 2020 and included in the Project's
Supplemental Public Facilities Financing Plan (PFFP). used on an estimated annual cost of
144,000 per acre to maintain parrs, the Developer or their Assignees, are responsible for an annual
2020-10-06 Agenda Packet Pae 38 of 629
park maintenance cost of approximately $116,200 per year. The cost saving to the City General
Fund is reflected in the fiscal model summary and is a requirement of the Project; and
WHEREAS, the Project is a common interest development, and, by its approval of this
Agreement, the legislative body of the City has determined that both public and privately-owned
parks developed within the Project are eligible to satisfy park dedication improvement and/or in lieu
fee requirements under the PLDO; and
WHEREAS,,the parties intend by this Agreement to implement the requirements of the SPA
Plan, the PLDO, and the conditions of the Tentative Map by establishing a Town Square Park, a
Neighborhood Park, and a Community Park that satisfy park requirements for the Project. The City
typically owns and pays all or part of the cost to maintain parks using General fund dollars. In
analyzing the anticipated fiscal impacts of Village 8 West with the 2020 SPA Amendment, an
ongoing fiscal deficit was identified. In order to address that deficit, the Developer agreed to
provide a mechanism to fund the maintenance of the Town Square Park and Neighborhood Park, in
perpetuity. The Developer proposes to fund such ongoing maintenance activities through a
Homeowner's Association (the "Association"). In order for the Association to fund the ongoing
maintenance of the Town Center Park and Neighborhood Park,the Association must retain fee title
ownership of the subject properties. The Community Park within the Project will be owned and
maintained by the City; and
WHEREAS,Developer shall grant a Public Access Easement over the Town Square and the
Neighborhood Park, granting full public access to the parks. The Town Square Park and
Neighborhood Park shall be open for park use consistent with CVMC Section 2.66.270. At no time,
shall the Association modify Town Square Park or Neighborhood Park hours of operation without
the approval of the Director of Development Services, or his/her designee; and
WHEREAS, Developer shall grant on the first Final Map an irrevocable offer of dedication
(IOD) to the City for a total of 15.11 acres (14.8 useable acres) of the Community Park as provided
in the conditions of approval for the Tentative Map. Such IOD is subject to the review and approval
of the Development Services Director, or his/her designee. The allocation of parkland credits
associated with the 14.8 useable acres, shall be divided as described in section 2 and 2.1 of the
Agreement. The City shall be responsible for construction and maintenance of the Community Park;
and
WHEREAS, this Agreement does not increase or decrease any park obligations but instead
clarifies responsibility for the PLDO requirements attributable to the Project by addressing the
amount of land required, as well as requirements for park design, park construction,, bonding, the
level of amenities to be provided, event programming, and identifies, a maintenance funding
mechanism, as required by the Project's conditions of approval—Tentative Map condition number
43.d (Resolution 2020-234); and
WHEREAS, The Director of Development Services has reviewed the proposed activity for
comphance with the California Environmental Quality Act (CEQA) and has determined that the
activity required by the Agreement was adequately covered in previously certified Final
Environmental Impact Report (FEIR 1 0- ) (SCH #2010062093) for the Otay Ranch Sectional
Planning Area (SPA) Plan - Village 8 West. Thus, no further environmental review or
documentationis required.
NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Chula Vista,
that it hereby approves the Agreement regarding construction of Otay Ranch Village 8 West Town
Square, Neighborhood Park, and Community Park, between the City of Chula Vista, HomeFed
2020-1.0-0,6 Agenda Packet Page 39 of 629
Village 8 West, LLC, and Otay ,and Company, LLC, in the formpresented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be kept
on file in the Office of the City Clerk, and authorizes and directs the City Manager or his/her
designee to execute the same.
Presented by: Approved as to form by:
Tiffany Allen Glen R. Goo ins
Director of Development Services City Attorney
2020-1.0-0,6 Agenda Packet Page 40 of 629
Exhibit "A"
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2020-10-06 Agenda Packet Page 41 of 629
Exhibit "A"'
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BEING A SUBDII`ISION, KNOWN AS CHULA LISTA TRACT NO. 19-03 OTAY
RANCH 111 LLAGE S DIVEST, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO._____, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAM DIEGO COUNTY,
2020-10-06 Agenda Packet Page 42 of 629
EXHIBIT "'B9
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2020-10-06 Agenda Packet Page 43 of 629
Attachment 1
PROPERTY DESCRIPTION
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2020-10-06 Agenda Packet Page 44 of 629
Attachment 1
PROPERTY DESCRIPTION
LEGAL DESCRIPTION
BEING A SUBDIVISION, KNOWN AS GHULA VISTA TRACT NO. 19-03 OTAY
RANCH VILLAGE 8 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO._ , FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,
2020-10-06 Agenda Packet Page 45 of 629
ATTACHMENT 2
Property Development Concept:
VILLAGE 8 WEST SITE UTILIZATION PLAN
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2020-1.0-0,6 Agenda Packet Page 46 of 629
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
THIS SPACE ABOVE FOR RECORDER'S USE
AGREEMENT REGARDING CONSTRUCTION OF PARKS
[OTAY RANCH VILLAGE EIGHT WEST]
This Agreement Regarding Construction of Parks ("Agreement") is made as of
2020, by and between HomeFed Village 8, LLC, a Delaware limited liability
company and Otay Land Company, LLC, a Delaware limited liability company (collectively,
"Developer"), and the City of Chula Vista, a California municipal corporation and charter city
("City"), with reference to the following facts:
A. Developer owns certain real property generally known as Otay Ranch Village Eight West
("Village 8 West" or"Project"), as shown on Exhibit A, and located in the City of Chula
Vista (the "Property"). The Developer intends to develop the Property as generally
depicted on Exhibit B attached hereto.
B. Village 8 West will be developed in accordance with its Sectional Planning Area (SPA)
Plan, adopted by Chula Vista City Council Resolution 2013-270 and amended by City
Council Resolution 2020-033 (Project); and
C. The Developer shall comply with the City's Parklands and Public Facilities ordinance
[Chula Vista Municipal Code ("CVMC") Chapter 17.10 ("PLDO")], as amended.
D. The PLDO's requirements have been and will be imposed on the Project through
conditions of approval of the Tentative Subdivision Map for Village 8 West (CVT 19-03)
approved by Chula Vista City Council Resolution 2020-034 for the Project ("Tentative
Map") and supplemental subdivision improvement agreements.
E. The PLDo is utilized to determine the parkland required for the Project, whereby 460
square feet is required per single-family dwelling unit (DU) and 341 square feet is
required per multi-family DU. For the purposes of the Agreement, 561 single family DU
times 460 square feet plus 1,773 multiple-family residences times 341 square feet divided
by 43,560 square feet equals 19.8 acres.
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2020-10-06 Agenda Packet Page 47 of 629
F. The Village 8 West Sectional Planning Area (SPA) Plan anticipates that the Project will
provide sufficient area and facilities to meet its recreational needs on site through the
provision of a Town Square Park, a Neighborhood Park and a Community Park
consistent with the Project's parks master plan and the Parkland Acquisition requirements
of the PLDD.
G. The Developer has agreed to provide a mechanism to fund the perpetual maintenance of
8.3 acres of neighborhood parks planned within the Project, as required by the Fiscal
Impact Analysis prepared by DPFG dated January 16, 2020 and included in the Project's
Supplemental PFFP. Based on an estimated annual cost of$14,000 per acre to maintain
parks, the Developer or their Assignees are responsible for an annual park maintenance
cost of approximately $116,200/year. The parks maintenance budget shall be adjusted to
reflect adjustments in escalation of cost on an annual basis and in accordance with the
approved Association annual budget. The cost saving to the City General Fund is
reflected in the fiscal model summary and is a requirement of the Project.
H. The Proj ect is a common interest development and, by its approval of this Agreement, the
legislative body of the City has determined that both publicly-owned and privately-
owned parks developed within the Project are eligible to satisfy park dedication and
improvement and/or in lieu fee requirements under the PLDD.
I. The parties intend by this Agreement to implement the requirements of the SPA Plan, the
PLDD, and the conditions of approval of the Tentative Map by establishing a Town
Square Park, a Neighborhood Park, and a Community Park that satisfy park requirements
for the Project. The City typically owns and pays all or part of the cost to maintain parks
using General fund dollars. In analyzing the anticipated fiscal impacts of Village 8 West
with the 2020 SPA Amendment, an ongoing fiscal deficit was identified. In order to
address that deficit, the Developer agreed to provide a mechanism to fund the
maintenance of the Town Square Park and Neighborhood Park, in perpetuity. The
Developer proposes to fund such ongoing maintenance activities through a Homeowner's
Association (the "Association"). In order to fund the ongoing maintenance of the Town
Square Park and Neighborhood Park, the Association must retain fee title ownership of
the subject properties. The Community Park within the Project will be owned and
maintained by the City.
J. In order to secure full public access and enjoyment of the Town Square Park and the
Neighborhood Park, the Developer will grant a Public Access Easement over both parks,
in conjunction with the Project's Final Map. The Town Square Park and Neighborhood
Park will be open for park use consistent with CVMC Section 2.66.270. At no time, will
the Association modify Town Square Park or Neighborhood Park hours of operation
without the approval of the Director of Development Services, or his/her designee.
Pursuant to the Cota Vera Conditions, Covenants and Restrictions ("'CCRs"), each
Owner, and the Association acknowledge and agree that such Town Square Park and
Neighborhood Park shall be required to remain open to the general public, and that the
Association shall be obligated to maintain, operate and program such Town Square Park
and Neighborhood Park in accordance with this Agreement. In no event shall the
Association or any Owner seek to have the City-accepted Public Access Easement
vacated.
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2020-10-06 Agenda Packet Page 48 of 629
K. The Developer will also be required to grant on the first Final Map an irrevocable offer of
dedication ("IDD") to the City for a total of 15.11 acres (14.8 usable acres) of the
Community Park as provided in the conditions of approval for the Tentative Map. Such
IDD is subject to the review and approval of the Development Services Director, or
his/her designee. The allocation of parkland credits associated with the 14.8 usable acres
will be divided as described in Sections 2 and 2.1. The City will be responsible for
construction and maintenance of the Community Park.
L. This Agreement does not increase or decrease any park obligations but instead clarifies
responsibility for the PLDD requirements attributable to the Project by addressing the
amount of land required, as well as requirements for park design, park construction,
bonding, the level of amenities to be provided, event programming and identifies a
maintenance funding mechanism, as required by the Project's conditions of approval —
Tentative Map condition number 43.d (Resolution 2020-234).
NOW THEREFORE, in consideration of the mutual promises described herein, and
other good and valuable consideration, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this Agreement,
the following terms shall mean:
1.1 "Association" means the property homeowners association that
will own, operate and maintain the Town Square Park and the Neighborhood Park.
1.2 "Bid Documents" means the documents prepared by Developer to
let a Parks construction contract as described in Section 2.4B.
1.3 "Budget" means the total of Development Fees (defined below)
assessed for residential building permits in Village 8 West, as assigned to each Park.
1.4 "Commence Construction" means a construction permit or other
such approval necessary to commence construction has been issued by the City and
construction staging has begun.
1.5 "Community Park" means the Community Park containing
approximately 15.11 gross acres (14.8 usable acres) shown conceptually on Exhibit "E,"
to be dedicated to the City on the Village 8 West Final "A" Map No. (Lot A). The
Community Park will be constructed, operated and maintained by the City.
1.6 "Community-oriented Retail Vendors" means retail and/or
commercial vendors approved by Association which may operate within temporary spaces
in the Town Square Park or Neighborhood Park. Temporary spaces shall be approved by
Association and may include temporary containers, carts, pop-up canopies, etc.
Association shall coordinate with vendors to ensure vendors comply with all City
requirements, including business license requirements.
1.7 "Complete Construction" or "Completion of Construction"
means that construction of the Town Square Park and/or the Neighborhood Park,
SMRH:4851-1156-2391.5 -3-
40DY-275472
2020-10-06 Agenda Packet Page 49 of 629
individually, has been completed to the reasonable satisfaction of City's Director of
Development Services, or his/her designee, exclusive of any warranty period.
1.8 "Concessions" means the sale of food and beverages or other
items to the public by Association or by an Association-approved Community-Oriented
Retail Vendor from a designated area or building within the Town Square Park and
Neighborhood Park.
1.9 "Construction Costs" means all of the costs of providing the Park
Improvements for the Town Square Park and Neighborhood Park, including: master
planning; design development costs; labor and materials; project management,
administration and supervision, City plan check and inspection, and maintenance costs
during any required establishment and warranty period.
1.10 "CVMC"means the City of Chula Vista Municipal Code.
1.11 "Development Fees" means the `development' portion of the
Parks Acquisition and Development (PAD) fees paid at building permit issuance, pursuant
to CVMC 17.10.
1.12 "IOD"means an Irrevocable Offer of Dedication.
1.13 "Maintenance Establishment Period" means the period of time
between Completion of Construction and turnover of the park to Developer, Association
or City, in which the contractor is responsible for maintaining the park improvements
which includes ensuring that plant materials are fully established before the park is open
for public use. The duration of this period and maintenance operations will be specified in
contract documents for the specific park project, subject to adjustments as determined by
the City.
1.14 "Neighborhood Park" means the Neighborhood Park containing
approximately 5.5 usable acres shown conceptually on Exhibit "D;" however, the final
usable acres to be determined during final design of the Neighborhood Park.
Neighborhood Park shall be owned, operated and maintained by the Association and a
Public Access Easement shall be recorded over the entirety of the Neighborhood Park
designated Lot D on the Village 8 West Final "A" Map No. .
1.15 "Park Credit" means the Parkland Acquisition and Development
("PAD") credits granted to the Developer by the City in satisfaction of the Proj ect meeting
its PLDO obligations. Such credits are transferrable to other owners within Village 8 West
for application toward PAD fees at building permit issuance.
1.16 "Park Hours of Operation" means The Town Square Park and
Neighborhood Park shall be open for park use consistent with CVMC Section 2.66.270.
At no time, shall Association modify Town Square Park or Neighborhood Park hours of
operation without prior Director of Development Services, or his/her designee, approval.
1.17 "Park Improvements" mean the improvements per the City
approved park construction documents.
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2020-10-06 Agenda Packet Page 50 of 629
1.18 "Parks" mean the Town Square Park, the Neighborhood Park and
the Community Park.
1.19 "Public Access Easement" means an irrevocable easement
granted by Developer at no charge to the City for public use and access over, through and
across the Town Square Park and the Neighborhood Park. Said easement shall not be
sub&ect to vacation provided it is still needed for the purposes for which it was granted.
1.20 "Resource Management Plan" means the Otay Ranch Resource
Management Plan.
1.21 "Town Square Park" means the Town Square Park containing
approximately 2.8 acres as shown conceptually on Exhibit "C"; however, the final usable
acres shall be determined during final design of the Town Square Park and shall be a
minimum of 2.0 usable acres. Town Square Park shall be owned, operated and maintained
by the Association and a Public Access Easement shall be recorded over the entirety of the
Town Square Park designated Lots B and C on the Village 8 West Final "A" Map No.
1.22 "Turnkey" means a park is designed, all improvements are
constructed, and Maintenance Establishment Period is complete consistent with the
provisions of the Chula Vista Landscape Manual, the Landscape Water Conservation
Ordinance, the City's Parks and Recreation Master Plan, the Village 8 West SPA Plan,
and related Development Services Department specifications and policies in effect on the
date of this Agreement. Reasonable modifications (to reflect that the Town Square Park
and. the Neighborhood Park will be privately-owned and maintained and accessible to the
public through recordation of Public Access Easements) may be approved by the Director
of Development Services, or his/her designee.
1.23 "Usable Acres" means park acreage eligible to meet parkland
obligations as described in the PLDO and City of Chula Vista Parks & Recreation Master
Plan.
2. ati fJjn_ I Developer shall fully satisfy the land dedication
requirements of the PLDO for the Project by granting a Public Access Easement over the
Town Square Park and the Neighborhood Park and granting the IOD (as defined below)
for 12.3 usable acres within the Community Park. However, the final usable acres
allocated to Village 8 West shall be determined during final design.
Developer shall fully satisfy the park development requirements of the PLDO for the
Project by providing the Turnkey Town Square Park and Neighborhood Park and by
paying in-lieu fees for the Project's proportionate share of the Community Park
development improvements as provided in the PLDO ("Park Development Fees").
2.1 Village 9 Future obligation. The remaining 2.5 usable acres
within the Community Park IOD will be used to partially satisfy the future PLDO
requirement for Otay Ranch Village 9, currently owned by Otay Land Company, LLC, as
provided in the conditions of approval for the Village 8 west Tentative Map and the
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2020-10-06 Agenda Packet Page 51 of 629
Village 9 Tentative Map. However, the final usable acres allocated to Village 9 shall be
determined during final design.
2.2 Town Square Park. Developer shall construct the Town Square
Park with the Park Improvements consistent with the SPA Plan and Exhibit "F" "Town
Square Park Planning Process" attached hereto through the following steps on the
following terms:
A. Park Design and Approval OL Construction Documents. Developer
shall obtain City approval of the design of the Town Square Park
consistent with the SPA Plan and Exhibit"F."
B. Lei tmm City and Developer acknowledge that the
Town Square Park shall be owned and maintained by Association and,
as such, Park Improvements may deviate from standard Park
Improvements typically required in City Parks. The Park
Improvements for the Town Square Park provided pursuant to this
Agreement shall be in Turnkey condition and consistent with the SPA
Plan. Developer may elect to provide amenities beyond those
associated with a typical City park. If Developer provides any such
additional amenities, the cost and associated park development fee
credits shall be subject to approval by Director of Development
Services, or his/her designee. As adjacent land uses are defined,
Developer may propose that facilities planned within the Town Square
Park be modified or rearranged to complement adjacent land uses.
Such changes are subject to review and approval by the Director of
Development Services, or his/her designee.
C. Developer shall start the design for the Town
Square Park not later than issuance of building permit for the 153 d
residential unit (or equal to 50% of the Development Fees attributed to
the Town Square Park budget).
Developer shall start construction of the Town Square Park once the
City has approved the Bid Documents and Budget for the Town
Square Park, a ti,d not later than the issuance of the building permit for
the 550th reside tial L11111, e ual to 1 0 � of the De �elment Feesoq . "
attributed to the Town Square Park budget), or as approved by the
Development Services Director or his/her designee.
Developer shall pursue that construction diligently to completion and
in accordance with the timeframes set forth in the Bid Documents,
which have been reviewed and approved by the Director of
Development Services, or his/her designee.
D. a �� �" �bi,?. ° The parties agree that minor adjustments to
the Town Square Park boundaries may be appropriate during
preparation of the Park Master Plan for the Town Square Park to
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2020-10-06 Agenda Packet Page 52 of 629
optimize the interface with adjacent development. All such
adjustments shall be subject to City review and approval. Nothing in
this Section shall be construed as allowing any reduction in the overall
acreage of the Town Square Park, but additional acreage provided may
result in a credit at City's discretion.
2.3 Neighborhood Park._Developer shall construct the Neighborhood
Park with the Park Improvements on the following terms:
A. Ptu-k De!sig" i-,i and Approval of Construction Documents. Developer
shall obtain City approval of the design of the Neighborhood Park
consistent with the SPA Plan and the Chula Vista Landscape Manual.
B. i,:yl City and Developer acknowledge that the
Neighborhood Park shall be owned and maintained by Association
and, as such, Park Improvements may deviate from standard Park
Improvements typically required in City Parks, subject to review and
approval of Director of Development Services, or his/her designee.
The Park Improvements for the Neighborhood Park provided pursuant
to this Agreement shall be in Turnkey condition and consistent with
the SPA Plan. Developer may elect to provide amenities that are
different and/or beyond those associated with a typical City park. If
Developer provides any such additional amenities, the cost and
associated park development fee credits shall be subject to approval by
Director of Development Services, or his/her designee. As adjacent
land uses are defined, Developer may propose that facilities planned
within the Neighborhood Park be modified or rearranged to
complement adjacent land uses. Such changes are subject to review
and approval by the Director of Development Services, or his/her
designee.
C. Developer shall start the design for the
Neighborhood Park not later than the 550th unit building permit or the
commencement of construction of the Town Square Park, whichever is
earlier.
Developer shall start construction of the Neighborhood Park once the
City has approved the Bid Documents and Budget, and not later than
the issuance of the 905th residential unit (or equal to 100% of the
Development Fees attributed to the Neighborhood Park budget), or as
approved by the Development Services Director or his/her designee.
Developer shall pursue that construction diligently to completion and
in accordance with the timeframes set forth in the Bid Documents,
which have been reviewed and approved by the City's Director of
Development Services, or his/her designee.
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D.
The parties agree that minor adjustments to
Neighborhood Park boundaries may be appropriate during preparation
of the Park Master Plan for the Neighborhood Park to optimize the
interface with adjacent development. All such adjustments shall be
subject to City review and approval. Nothing in this Section shall be
construed as allowing any reduction in the overall acreage of the
Neighborhood Park, but additional acreage provided may result in a
credit at City's discretion.
2.4 Estimated Construction Costs. The total estimated Construction
Costs for the Town Square Park and the Neighborhood Park is approximately $6,323,405
based on October 2019 PAD Fees, or fees applicable at the time the construction contract
is awarded. During the design of the Town Square Park and the Neighborhood Park,
Developer shall work with City to determine the allocation of the total of estimated
improvement costs between the Town Square Park and the Neighborhood Park to
determine the feasibility of potentially allocating more improvement costs to the Town
Square Park and less to the Neighborhood Park (up to 10% of the Neighborhood Park
budget), while still meeting the design intent of the SPA and the City Park and Recreation
Master Plan.
A. Cost.s,. Developer shall within sixty
(60) days of Completion of Construction provide City for its review
and approval all documentation City reasonably requires evidencing
the completion of and Construction Costs for each Turnkey Park.
B. S,o,IIVaI'o n. Developer may award a contract for
construction of the Town Square Park and the Neighborhood Park by
competitive bid or solicitation. Developer or its affiliate may act as a
design-build entity or prime contractor for the Town Square Park and
the Neighborhood Park where Developer provides written notice to
City of its intent to act as a design-build entity or prime contractor and
provides information demonstrating its competence and qualifications
to perform the developer-performed public work, City determines, in
City's sole discretion, that Developer is competent and qualified to
complete the developer-performed public work and authorizes
Developer to proceed with the developer-performed public work; and
Developer competitively bids all subcontracts for the developer-
performed public work.
(i) Bid and Award. Developer shall prepare, or
cause to be prepared, bid documents and contract documents ("Bid Documents") for
construction of the Town Square Park and the Neighborhood Park in accordance with all
applicable local codes, City design guidelines, and proj ect-specific design guidelines,
subject to City approval. The Bid Documents shall include, without limitation, detailed
plans and technical specifications, bonding requirements, insurance requirements,
mandates for timely completion, and remedies for untimely completion. Developer shall
solicit, or cause to be solicited, sealed competitive bids for prime contracts (except for
prime contracts awarded to Developer or its affiliate pursuant to Section 2.4B) and
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subcontracts for construction of the Town Square Park and the Neighborhood Park on a
guaranteed maximum price, lump sum price, or per unit, line item basis and in
accordance with industry standard procurement practices as determined by City.
Developer may combine into one bid solicitation the construction of a Park and other
development work, but the bid and contract documents must clearly separate the Park
work from other development work to be performed, in a manner and form as approved
by City. Developer shall award contracts (except for prime contracts awarded to
Developer or its affiliate pursuant to Section 2.4B), and shall award, or shall cause the
applicable entity or contractor to award, subcontracts for construction of each Park to the
lowest responsive and responsible bidder, or the bidder that is determined by Developer
to be the "best qualified contractor," subject to City approval. When determining the
"best qualified contractor," Developer shall consider, without limitation, a bidder's
demonstrated competence, qualifications, ability to achieve timely completion, capacity,
skill, compliance with bid documents, costs, and other relevant criteria. If Developer
awards a prime contract or subcontract to a bidder other than the lowest responsive and
responsible bidder for an item or unit of work, then all Park Development Credits shall
not exceed the amount of the lowest responsive bid for that item or unit of work. This
not-to-exceed limitation may be waived where: (a) the amount of the bid does not exceed
the engineer's estimate or other approved estimate for the applicable Park by more than
10 percent; and (b) the City approves the waiver. All approvals of City required
hereunder shall be by the Director of Development Services, or his/her designee.
2.5 Park Credits. City shall grant credits to Developer in satisfaction
of Project meeting its PLDO obligations:
A. .4e yitiol"I Ci-et,- its. Developer is entitled to credits against the Park
Acquisition Fees for the Town Square Park, the Neighborhood Park,
and the Community Park, in accordance with Section 2. These credits
are valued in accordance with the established costs for acquisition of
parkland at the time of the Agreement and may be transferred to other
owners within Village 8 West for application toward PAD fees at
building permit issuance.
B. De w1opt"tient, Sub aect to adjustment pursuant to Section 2.4,
Developer is entitled to credits against the Park Development Fees for
the Town Square Park and Neighborhood Park in the amount of such
Estimated Construction Costs. Credits shall be based on the Park
Development Fees in effect under CVMC 17.10.1 10, at the time the
contract is executed for such Turnkey Park. Credits may be transferred
to other owners within Village 8 west and applied toward PAD fees as
building permits are issued for residences within the Project.
Developer will receive credit against Park Development Fees for each
Park as follows:
(i) 50% credit with City's acceptance of
Estimated Construction Cost.
(ii) 25% credit with contract for construction
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(iii) 25% at Completion of Construction
C. After completion of the Town Square Park and
Neighborhood Park and determination of the actual Construction Costs
pursuant to Section 2.4, if the amount of the credits against the Park
Development Fees that have been applied to building permits issued
for residences within the Project exceed the actual Construction Costs,
Developer will pay the balance of the Park Development Fees to the
City within 60 days of a written notice to Developer. Developer will
be entitled to apply to Park Development Fees any unused credits
based on the actual Construction Costs. If Developer determines that
actual Construction Costs may exceed the estimated Construction
Costs, then Developer may propose to pay the additional actual
Construction Costs or modify the Park Master Plan to reduce costs
consistent with the estimated Construction Costs, subject to the
approval of the Director of Development Services, or his/her designee.
2.6 Community Park IQD. Developer shall grant an IOD on the first
Village 8 West Final "A" Map for a total of 15.11 gross acres (14.8 usable acres) of
Community Park land as provided in the condition of approval for the Tentative Map.
Such IOD shall be free and clear of all encumbrances and easements that would prevent
use of the Community Park for public park purposes, subject to the review and approval of
the Development Services Director, or his/her designee. The City shall be responsible for
construction and maintenance of the Community Park.
2.7 Additional Parkland. If the Project includes more than 561
single family residences and more than 1,773 multi-family residences and that
development results in additional parkland park acquisition or in lieu fee obligations in
accordance with the PLDO, Developer shall satisfy the additional obligations to the
satisfaction of the Director of Development Services, or his/her designee.
2.8 Resource Management Plan. The Otay Ranch Phase 2 Resource
Management Plan Update (RMP), Section 6.1.2, requires the conveyance of fee title to
land within the Otay Ranch Preserve to the Otay Ranch Preserve owner Manager or its
designee at a ratio of 1.188 acres for each acre of "development area," as defined in
RMP. Because the Town Square Park and the Neighborhood Park will have a Public
Access Easement granting the public access for public park purposes, the City agrees that
the Town Square Park and the Neighborhood Park will be considered "Common Area"
for purposes of the RMP, and therefore, in accordance with the RMP, Section 6.1.2,
Developer will not be required to convey land within the Otay Ranch Preserve with
respect to the acreage within the Town Square Park and the Neighborhood Park.
2.9 Vacation. Should the Public Access Easement be vacated in the
future, and the public is no longer able to use the Town Square Park and/or the
Neighborhood Park for public park purposes, then the Applicant for the vacation shall be
required to satisfy the RMP conveyance and PAD Fee requirements with respect to
affected acreage within the Town Square Park and/or the Neighborhood Park prior to or
concurrently with any Public Access Easement vacation.
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3. Rentals Concessions and Events. Rentals, concessions, and special
events are contemplated in the Town Square Park and Neighborhood Park. Unless
specifically permitted in the Village 8 West SPA Plan, activities within all parks within
Village 8 West shall be subject to CVMC Chapter 2.66 Park and Facilities Rules.
3.1 Rentals and Concessions in the Town Square Park and
Neighborhood Park. The Association shall have full decision-making power over rentals
and concessions in the Town Square Park and Neighborhood Park, as well as control over
and right to receive any revenues derived therefrom. Both Association members and the
public shall have access to rental opportunities within the Town Square Park and
Neighborhood Park. Members of the public shall coordinate directly with the Association
for such rentals and the payment of any rental fees. Association members or the public
may secure rentals on a first come-first served basis. Association shall establish rental
fees, consistent with City fees for similar amenities. Rental fees for Association members
may be discounted at the discretion of the Association.
3.2 Events and Programming in the Town Square Park and
Neighborhood Park. The Association shall have full decision-making power over events
and programing within the Town Square Park and Neighborhood Park. The City shall
have the opportunity to request and receive approval from Association for up to a
combined total of twelve (12) City-sponsored events per year at the Town Square Park
and the Neighborhood Park, subject only to availability, reasonable insurance and public
health and safety requirements. City shall coordinate directly with the Association to
schedule any City-sponsored event. City shall be responsible for repairing any damages to
Neighborhood Park or Town Square Park resulting from any City-sponsored event. In
addition, City shall be responsible for all custodial and trash removal following any City-
sponsored event. All events shall be consistent with the Village 8 West SPA Plan and the
requirements of the CVMC Section 2.66.
4. Maignicnante. Developer shall be responsible for maintenance of the
Town Square Park and the Neighborhood Park to the satisfaction of the Director of
Development Services, or his/her designee, until the Association or other entity assumes
responsibility in writing for maintenance of the Town Square Park and/or Neighborhood
Park pursuant to CC&Rs. CC&Rs shall stipulate that maintenance by Association shall be
to the satisfaction of the Director of Development Services, or his/her designee.
Association shall submit annual park maintenance and reserve budgets, including life
cycle replacement guidelines to City for review by Director of Development Services, or
his/her designee, for review. Upon such assumption of Town Square Park and
Neighborhood Park maintenance responsibilities by Association, Developer shall be
released from any further obligation to maintain the Town Square Park and the
Neighborhood Park. City shall maintain the Community Park from and after the City's
acceptance of the IOD for the Community Park.
5. Delays. The City may approve extensions for the date for
Commencement and/or Completion of Construction of the Town Square Park and the
Neighborhood Park due to City delays in approving park plans or due to force majeure.
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6. California Labor Code. As set forth in Lincoln Landing Project—City of
Hayward, Public Works Case No. 2017-025 (Apr. 18, 2019), the construction of the Town
Square Park and the Neighborhood Park is not a"public work" as defined in the California
Labor Code for purposes of prevailing wage requirements and is therefore not sub j ect to
prevailing wage requirements.
7. Chan e . The City reserves its right to amend the PLDD, SPA Plan and
City Parks and Recreation Master Plan, subject to state and federal law, and to the
statutory development agreements affecting Village 8 West, including the Restated and
Amended Pre-Annexation Development Agreement originally between Otay Project, L.P.,
and the City of Chula Vista, dated May 12, 1997, and recorded as document number 1997-
0219970 in the official Records of San Diego County Recorder, as amended. The parties
agree that, should any changes in state or federal law result in one or more provisions of
this Agreement no longer being enforceable, the parties shall meet and confer regarding
amending the Agreement accordingly. The required PLDD fee obligations and values are
subject to periodic updates.
8. CI1 Action. If the City finds that the proposed design of a the Town
Square Park and/or the Neighborhood Park is inconsistent with the SPA Plan, Developer
shall have the opportunity to re-design the Town Square Park and/or the Neighborhood
Park and submit the revised design for the Director of Development Services, or his/her
designee, consideration.
9. General Provisions.
9.1 Notices. All notices and demands given pursuant to this
Agreement shall be written. They shall be deemed served (i) immediately, upon personal
delivery; (ii) the next business day, if sent prepaid by recognized overnight service such as
FedEx for delivery the next business day; or (iii) three (3) business days after deposit in
the United States mail, certified or registered mail, return receipt requested, first-class
postage prepaid. Until notice of a change of address is properly given, notice shall be
given:
If to City: City of Chula Vista
Attn: City Manager
276 Fourth Avenue
Chula Vista, California 91910
With a copy to: Office of the City Attorney
Attn: City Attorney
276 Fourth Avenue
Chula Vista, California 91910
If to Developer: HomeFed Village 8, LLC
Dtay Land Company, LLC
1903 Wright Place, Suite 220
Carlsbad, California 92008
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Attn: Chris Foulger and Dent Aden
With a copy to: Sheppard Mullin Richter& Hampton
501 west Broadway, Suite 1900
San Diego, California 92101
Attention: David M. Hymer
9.2 Captions. Captions in this Agreement are inserted for
convenience of reference only and do not define, describe or limit the scope or the intent
of this Agreement.
9.3 Entire Agreement. This Agreement embodies the entire
agreement and understanding between the parties regarding the subject matter hereof. No
prior or contemporaneous oral or written representations, agreements, understandings
and/or statements regarding its subject matter shall have any force or effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted. However, all previous written agreements, such as supplemental
subdivision improvement agreements, by and between the parties relating to park
obligations, as well as City's Parks and Recreation Master Plan and Landscape Manual,
remain in full force and effect except to the extent they conflict with this Agreement.
9.4 Scope. This Agreement applies only to the Property; it shall not
relieve developers other than Developer (and its subsidiary entities, merchant builders and
other buyers of portions of the Property) from any responsibility to meet park
development obligations per the PLDD.
9.5 Contents of Agreement. All recitals set forth above and all
exhibits attached hereto are part of this Agreement.
9.6 Severability. If any provision of this Agreement or its particular
application is held invalid or unenforceable, the remaining provisions of this Agreement,
and their application, shall remain in full force and effect, unless a party's consideration
materially fails as a result.
9.7 Recordation. The City may record this Agreement in the office
of the County Recorder of San Diego County, California.
9.8 Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or its attorney drafted this
Agreement. It shall be conclusively presumed that all parties participated equally in
drafting this Agreement.
9.9 Authority. Each party warrants and represents that it has legal
authority and capacity to enter into this Agreement, and that it has taken all necessary
action to authorize its entry into this Agreement. Each party warrants and represents that
each individual signing this Agreement on behalf of such entity has been duly authorized
to sign this Agreement on its behalf so as to bind his/her principal.
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9.1 o Modification. This Agreement may not be modified, terminated
or rescinded, in whole or in part, except by written instrument duly executed and
acknowledged by the parties hereto,their successors or assigns.
9.11 Successors.
A. 101SrS. In the event that Developer transfers or assigns its interest
in the Property in whole or in part, to any person or entity during the
Term of this Agreement, any such transferee or assignee shall be
bound by the terms and conditions of this Agreement, as applicable to
the portion of the Property acquired by the transfer or assignment.
Notwithstanding the foregoing, except as provided in Section 3 with
respect to maintenance of the Town Square Park and the
Neighborhood Park, no assignment or transfer shall relieve the
Developer from any of its obligations under this Agreement without
prior written consent by the City, which consent shall not be
unreasonably withheld.
B. ,7up ha c . Developer's compliance with this Agreement shall be
deemed to satisfy Developer's PLDO and SPA Plan obligations
relating to Parks. once the Town Square Park and the Neighborhood
Park and their associated improvements have been constructed and
once the Community Park has been dedicated, as required by this
Agreement and the required PAD fees have been paid to City, all Park
dedication and improvement requirements for the Property shall be
deemed complete.
C. No Further Obligation. Notwithstanding any other provision of this
Agreement:
(i) When any individual lot has been finally subdivided and
sold, leased, or made available for lease to a member of the public or
any other ultimate user, and a certificate of occupancy has been
obtained for the building(s) on the lot, that lot and its owner shall have
no further obligations under and shall be released from this Agreement.
(ii) Upon the conveyance of any lot, parcel, or other property,
whether residential, commercial, or open space,to a homeowners'
association, property owners' association, or public or quasi-public
entity, that lot, parcel, or property and its owner shall have no further
obligations under and shall be released from this Agreement.
9.12 Term. This Agreement shall remain in effect in perpetuity,
provided however that the provisions of Sections 2.2 through 2.4 will terminate upon
Completion of Construction of the Town Square Park and the Neighborhood Park.
9.13 Governing Lav and venue. This Agreement shall be governed
by and construed in accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only in the federal or state
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2020-10-06 Agenda Packet Page 60 of 629
courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
9.14 Administrative Claims Requirements and Procedures. No suit
or arbitration shall be brought arising out of this Agreement against the City unless a claim
has first been presented in writing and filed with the City and acted upon by the City a in
accordance with the procedures set forth in Chapter 1.34 of the CVMC, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by the City, Developer shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
9.15 Remedies. The rights of the Parties under this Agreement are
cumulative and not exclusive of any rights or remedies that the Parties might otherwise
have unless this Agreement provides to the contrary, including the rights of the City to
enforce the CC&Rs as provided in Section 16.9 thereof. Should the Developer and/or its
Assignee fail to maintain the Town Square Park and the Neighborhood Park in accordance
with this Agreement or should they take any action that unreasonably restricts public
access to the Town Square Park and the Neighborhood Park in violation of the Public
Access Easement, the City may provide written notice of such failure to the Developer or
the Association setting forth in detail the alleged failure. The Developer or the
Association shall have ten (10) business days from receipt of such notice to cure, or if it is
not possible to cure within such ten (10) business day period, to commence curing such
failure. If the Developer or the Association fails to cure, or fails to commence to cure as
provided herein, the City may perform the maintenance and charge the cost thereof to the
Developer or the Association.
9.16 Indemnification. Developer shall indemnify, protect and hold the
City, its officers, employees, agents and independent contractors, free and harmless from
any liability, costs, injury, including death, or damage of any kind or nature, relating to,
arising out of, or alleged to be the result of the acts, omissions, negligence or willful
misconduct of Developer or Developer's employees, subcontractors or other persons,
agencies or firms for whom Developer is legally responsible, relating to or arising from
Developer's activities contemplated under this Agreement, excepting only those claims for
damages arising from the active negligence or willful misconduct of the City. Developer
shall defend, at its own expense, including attorneys' fees, the City, its officers, agents,
employees and independent contractors in any legal action based upon such alleged acts or
omissions of Developer. The City may, in its discretion, participate in the defense of any
such legal claim, action or proceeding at its own expense with the understanding that
Developer's attorneys shall be lead counsel and City's attorneys shall, to the maximum
extent feasible, cooperate with Developer's attorneys. Developer's obligations under this
Section shall terminate with respect to any liability, costs, injury, including death, or
damage of any kind arising with respect to the Town Square Park and the Neighborhood
Park after the Association acquires title to such Town Square Park and Neighborhood Park
and with respect to any Community Park after the City accepts the IDD for such
Community Park.
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9.17 Non-liability of City officials and Employees. No member,
official, employee or consultant of the City shall be personally liable to Developer or its
successor-in-interest in the event of any default or breach by City, or for any amount
which may become due to Developer or to its successor-in-interest, or on any obligations
under the terms of this Agreement.
9.18 Counterparts. This Agreement may be executed in any number
of counterparts, each of which will be deemed to be an original, but all of which together
will constitute one instrument.
[Remainder of page intentionally left blank]
SMRH:4851-1156-2391.5 -16-
40
2020-10-06 Agenda Packet Page 7a"629
SIGNATURE PAGE TO AGREEMENT REGARDING CONSTRUCTION OF PARKS
[OTAY RANCH VILLAGE 8 WEST]
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
date set forth above.
CITY OF CHULA VISTA HomeFed Village 8, LLC, a Delaware limited
liability company
By:
Mary Casillas Salas, J
s
Mayor By:
Name: fept4t'
Q
Its:
Otay Land Company, LLC, a Delaware limited
liability company
By: .
Name*
o
•
Its:
Attest:
By: .
Kerry Bigelow, City Clerk
Approved as to form by
Glen Googins, City Attorney
V8`]Lr Parks Agreement—9.24.24—Final
SMRH:4851-1156-2391.5 -17-
2020-10-06 Agenda Packet 'Tdje7 7a 629
Exhibit"A"
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2020-10-06 Agenda Packet Page 64 of 629
EXHIBIT "B"
VILLAGE S WEST SITE UTILIZATION PLAN
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EXHIBIT "C"
TOWN SQUARE PARK CONCEPTUAL PLAN
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EXHIBIT "D"
NEIGHBORHOOD PARK CONCEPTUAL PARK
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EXHIBIT "E"
COMMUNITY PARD CONCEPTUAL PARD
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2020-10-06 Agenda Packet Page 68 of 629
Exhibit "F"
PARKS MASTER PLANNING PROCESS:
TOWN SQUARE PARK
Developed by: HomeFed Village 8, LLC
Consultant: Tributary
Built for: Chula Vista Residents, with full public access
Owned & Maintained by: Cota Vera Homeowner's Association
Planning Areas: Tentative Map Parcels C-1 and G-2; Final Map Lots B and C
Size: 2.8 acres
Tasks,, Anticipated Schedule:
1. Park Master Plan
A. Submittal package, includes: 1't Submittal to City: Mid-September 2020
1. Narrative description of the park's program & design concept
2. Illustrative site plan, including the proposed locations for the following:
• Surrounding streets & relation to off-site improvements
■ All circulation routes
• Event staging areas
• Comfort station
Shade structures
• Picnic areas
• Play structures
• Amenities such as benches, tables, drinking fountains & all other
features described within the park's program
• Lighting concept
• Dog park
• Project signage
Accentuated paving areas & proposed applicable patterns
3. Plant material legend, providing plant material options for each use area &
hyd rozone
4. Preliminary construction materials schedule, conveying the proposed
hardscape, fencing, wall & amenity materials & colors
5. Sketches, elevations, sections and/or 3-D modeling, as required to convey
the proposed landforms & uses of key areas
6. Hydro-zone map
7. Preliminary cost estimate
B. City of Chula Vista Review comments Due: 3 weeks
C. Consultant Review, Resubmit & Initiate Design Development
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2"d Submittal to City: 2 weeks
1. Address all comments from the City, as approved by Developer
2. Coordinate directly with City staff on those items (includes meetings as
necessary)
3. Consultant to initiate Design Development upon written notification from City
staff that Park Master Plan is docketed for the Parks & Recreation
Commission meeting
D. Parks and Recreation Commission Meeting November 19, 2020
E. City Council Meeting December 15, 2020
2. Construction Documents (95% and 100%) Submit to City: 8 weeks
A. Prepare a 95% Construction Document set including:
1. Precise grading plan (by the Civil engineer)
2. Architecture (under a separate building permit)
3. Landscape hardscape materials plan & support documentation
4. Landscape amenities plan & support documentation
5. Recycled water irrigation plan & support documentation
6. Planting plans & support documentation
7. Lighting plans & support documentation
8. Specifications
9. Cost estimate
B. Facilitate plan submittals & approvals through the Otay Water District (OWD),
County of San Diego Department of Environmental Health (DEH) & City of Chula
Vista
C. City of Chula Vista Review Comments due: 3 weeks
D. Prepare a 100% Construction Document set Submit to City: 2 weeks
1. Address final comments and prepare a set of plans and specifications ready
for signature by City staff
E. Submit Mylars to City of Chula Vista Submit to City: 1 week
1. Upon written direction from City staff, prepare mylars and submit for signature
2. Consultant shall obtain approvals and signatures from OWD and DEH prior to
submitting mylars to City for signature
3. Construction Administration Issue Bid Documents: 3 weeks
A. Developer to prepare and issue bid documents
B. Consultant to review & respond to contractor bid clarifications
C. Review & respond to the contractor's product submittals
D. Coordinate field inspections with OWD & City of Chula Vista
E. Attend site meetings (as required), during all phases of construction
F. Facilitate as-built drawing preparation, submittals & approvals as required
G. Attend pre-maintenance & post maintenance site reviews
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H. Provide final substantial conformance documentation
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RECORDING REQUESTED IBY:
WHEN RECORDED MAIL TO:
SPACE ABOVE RESERVED FOR RECORDER'S USE
COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND ESTABLISHMENT OF EASEMENTS
OF
COTA VERA
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TABLE OF CONTENTS
Ilia
ARTICLE 1 DEFINITIONS................................. .............................................................3
1.1 "Additional Charges" .....................................................................3
1.2 .......................................................�4
1.3 "Age Qualified Area(s)" ..........................................................................�4
1.4 "Annexable ...................................................................�4
1.5 .................................................�4
1.6 "Annual Operating Budget"'.........................................................................................4
1.7 "Apartment Area Owner''.............................................................................................4
1.8 ""Apartment Areas'' ......................................................................................................4
1.9 "Applicable Laws". .......................................................................................................4
1.10 "Applicable Rate"" ........................................................................................................4
1.11 ""Applicant'"...................................................................................................................4
1.12 TMP Facilities"...........................................................................................................�4
1.13 ""Building'".....................................................................................................................�4
1.14 "Building Exteriors" .....................................................................................................�4
1.15 11cityll ............................................................................................................................4
1.16 "City Agreements'".......................................................................................................5
1.17 "City Design Guidelines"'.............................................................................................5
1.18 "Commercial Area Owner''..........................................................................................5
1.19 "Commercial Areas......................................................................................................5
1.20 ""Common Expenses''..................................................................................................5
1.21 ""Common Utility Facilities"'..........................................................................................7
1.22 "Community". .................................................7
1.23 "Community Assessments" or"'Assessments"" ...........................................................7
1.24 "Community Association""............................................................................................7
1.25 "Community Association Articles'"...............................................................................7
1.26 "Community Association Maintenance Areas"'............................................................7
1.27 I""Community Association Maintenance Manual" .........................................................7
1.28 I""Community Association Property".............................................................................7
1.29 "Community Board" .............................................................................8
1.30 "Community Bylaws" ...........................................................................8
1.31 "Community .............................................................8
1.32 "Community Design Guidelines" ...................................................8
1.33 "Community Design Review Committee"....................................................................8
1.34 "Community Entitlements" ...........................................................8
1.35 I""Community Governing Documents" ..........................................................................8
1.36 I""Community Restricted Access Areas".......................................................................8
1.37 I""Community Rules".....................................................................................................8
1.38 I""Community Signage'".................................................................................................8
1.39 I""Community Standards"..............................................................................................8
1.40 "Community Trail System" ......... ...........................................................9
1.41 "Community .......................................................................9
1.42 .............................................9
1.43 "Condominium Plan" .....................................................................9
1.44 "Cost Sharing .........................................................9
1.45 .......................................................9
1.46 "Covered Property" .......................................................................9
1.47 ...................................................9
1.48 "Declarant Party" ...........................................9
1.49 "Declarant's Rights Termination Date""........................................................................9
1.50 "Delegate District"".....................................................................................................10
1.51 ""Delegates"" ...............................................................................................................10
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1.52 "DRE"................................. .........................................................10
1.53 "Education and Enforcement Program""....................................................................10
1.54 "Eligible Mortgage .........................................................10
1.55 "Emergency" ...............................................10
1.56 "Federal Agencies" .....................................................................10
1.57 "Final .................................................10
1.58 "Fire Protection .................................................................10
1.59 "First Mortgage" .........................................10
1.60 "First Mortgagee'" ......................................................................................................10
1.61 "First Purchaser".......................................................................................................10
1.62 "Fiscal Year""..............................................................................................................10
1.63 "Fuel Modification Areas"'..........................................................................................10
1.64 "Governmental Agency..............................................................................................10
1.65 "Grant of Easements,, License and Maintenance Agreements"'................................11
1.66 "Guest ...........................................11
1.67 "Hazardous Materials" ...............................................................11
1.68 "Improvements...........................................................................................................11
1.69 "Institutional (Mortgagee""...........................................................................................11
1.70 "Lessee.....................................................................................................................11
1.71 "Lifestyle Programs""..................................................................................................11
1.72 "Maintenance" or"Maintain" .......................................................11
1.73 "Maintenance Manual" or"Maintenance Guide"".......................................................11
1.74 "Maintenance Obligations"........................................................................................11
1.75 ""Majority of the Voting Power"' ..................................................................................12
1.76 "Member.. ..................................................................................................................12
1.77 ""Mortgage"" ................................................................................................................12
1.78 ""Mortgagee'" ..............................................................................................................12
1.79 "Neighborhood City Parks)"".....................................................................................12
1.80 "Notice and Hearing".................................................................................................12
1.81 "Notice of Delinquent Assessments"" ........................................................................12
1.82 ""Occupant""................................................................................................................12
1.83 "Official Records" .......................................................................12
1.84 ""offsite Maintenance Area Agreements'" ..................................................................12
1.85 "Offsite Maintenance Areas" .......................................................12
1.86 "Open Space Area" .....................................................................12
1.87 if Ow n e r" ......................................................................12
1.88 "Parcel" ......................................................................13
1.89 "Park Agreements"....................................................................................................13
1.90 "Parking Management Plan".....................................................................................13
1.91 I""Permitted Users"......................................................................................................13
1.92 Terson"....................................................................................................................13
1.93 Thase" .....................................................................................................................13
1.94 "Plans"................................I..I..I..I..I..I..I..I..I..I..I..I..I..I..I..I.........................................................13
1.95 ""Private Streets" .........................................13
1.96 "Public ...........................................13
1.97 "Public Access .................................................................13
1.98 .................................................13
1.99 "Residential .........................................13
1.100 "Sectional Planning Area Plans" .................................................13
1.101 "Separate .....................................................................13
1.102 "Special IBenefit Area Budget" . ...................................................14
1.103 "Special IBenefit Area .......................................................14
1.104 "Special IBenefit Area Services". .................................................14
1.105 "Special IBenefit Areas" ...............................................................14
1.1106 "Storm Water Management Facilities........................................................................14
1.1107 "Storm Water Management Agreements...................................................................14
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1.108 "Sub-Association"". .......................................................................14
1.109 ""Sub-Association Declaration"..................................................................................14
1.110 "Sub-Association Governing Documents""' ................................................................14
1.1 11 "Sub-Association Property" .........................................................14
1.1 12 "Supplementary Community IDecla ration(s)" ............................................................14
1.118 "'Telecommunications Facilities" .................................................15
1.1 14 "Utility .........................................15
1.118 "Voting ...........................................15
1.116 "Wetlland Areas"........................................................................................................15
ARTICLE 2 DESCRIPTION OF THE COMMUNITY AND CREATION OF EASEMENTS.........................18
21.1 Description of the Community...................................................................................16
2,1.2 Title to Community Association Property..................................................................16
2,1.3 Commencement of Easements ................................................................................16
2,1.4 Limitations.................................................................................................................16
2.5 Easements for Access. ...............................................................16
2.6 Easements in Favor of Declarant and the Community Association..........................17
2.7 Easements in Favor of Declarant and/or Guest Builders .........................................18
2.8 Easements in Favor of Community Association, Sub-Associations and
Owners......................................................................................................................19
2.9 Limitations on Easements and License Rights.........................................................20
2.10 Delegation of Use .....................................................................................................21
2.11 No Separate Transfer...............................................................................................21
ARTICLE 3 COMMUNITY ASSOCIATION.................................................................................................21
3.1 Community Association and Community Board .......................................................21
3.2 Powers of Community Association ...............................21
3.3 Duties of Community Association.............................................................................25
3.4 Limitations on Authority of Board..............................................................................28
3.5 Prohibited or Restricted Activities.............................................................................29
3.6 Personal Liability.......................................................................................................31
ARTICLE 4 MAINTENANCE RESPONSIBILITIES FOR THE COMMUNITY............................................81
4.1 Maintenance..............................................................................................................31
4.2 Responsibilities of the Community Association ........................................................31
4.3 Commencement of Maintenance Responsibilities....................................................84
4.4 Maintenance by Sub-Association ...............................................34,
4.5 Maintenance by Own e rs........I..I..I..I..I..I..I..I..I..I..I..I.............................................................34,
4.6 Non-Compliance With Maintenance Obligations and Rights of Community
Association. .................................................35
4.7 Duty to Protect Against Mechanics' Liens.................................................................36
4.8 Inspection of the Community Association Property, Community Association
Maintenance Areas and Offsite Maintenance Areas ................................................36
ARTICLE 5 MEMBERSHIP IN THE COMMUNITY ASSOCIATION AND VOTING RIGHTS ....................87
5.1 Membership ..............................................................................................................37
5.2 Classes of Voting ...................................................37
5.3 Members of Community Board ...................................................38
5.4 Membership Interests .................................................................38
5.5, Delegate .......................................................................38
5.6 Commencement of Voting Rights ...............................................38
5.7 Declarant's Rights to Select .........................................38
5.8 Continuing Approval of Declarant ...............................................38
5.9 Dissolution of the Community Association................................................................39
5.10 Mergers or Consolidations........................................................................................40
5.11 No Amendment.........................................................................................................40
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ARTICLE 6 COMMUNITY .................................................................40
6.1 Creation of Lien and Personal Obligation for Community Assessments..................40
6.2 Funds Held .....................................................................40
6.3 Purpose of Community Assessments, .........................................40
6.4 Regular Assessments .................................................................41
6.5 Supplemental Community Assessments ..................................................................41
6.6 Special .................................................................41
6.7 Capital Improvement .............................................42
6.8 Compliance Assessments.........................................................................................42
6.9 Special Benefit Area Assessments...........................................................................42
6.10 Changes to Community Assessments......................................................................43
6.11 Allocation of Community Assessments.....................................................................44
6.12 Date of Commencement of Regular Assessments...................................................44
6.13 Notice and Assessment Due Dates..........................................................................44
6.14 Estoppel Certificate .....................................................................45
6.15 Collection of Community Assessments; Liens..........................................................45
6.16 Waiver of Exemptions................................................................................................46
6.17 Subordination of Lien to First Mortgages..................................................................46
6.18 No Offsets.................................................................................................................46
6.19 Personal Liability of Owners .....................................................................................47
6.20 Transfer of Separate Interests..................................................................................47
6.21 Failure to Fix Community Assessments ...................................................................47
6.22 Property Exempt From Community Assessments....................................................47
6.23 Uncompleted Facilities..............................................................................................47
6.24 Community Association Property Improvements......................................................47
6.25 Initial Capital Contribution.........................................................................................47
ARTICLE 7 USE RESTRICTIONS FOR THE COMMUNITY .....................................................................48
7.1 Exemption of Declarant and Guest Builders.............................................................43
7.2 Residential Use.........................................................................................................48
7.3 Commercial Use .......................................................................................................48
7.4 No Time-Share Projects............................................................................................48
7.5 Rental of ...................................................................4,8
7.6 .......................................................4,9
7.7 Antenna ...................................................................4,9
7.8 Temporary Structures .................................................................4,9
7.9 Unsightly Articles .......................................................................4,9
7.10 Parking And Vehicular Restrictions ...........................................50
7.11 View Impairment.......................................................................................................51
7.12 Nuisances .................................................................................................................51
7.13 Insurance Requirements...........................................................................................51
7.14 Discharge of Hazardous Materials............................................................................52
7.15 Garbage and Refuse Disposal..................................................................................52
7.16 .......................................................52
7.17 Landscaping ...............................................52
7.18 Oil and Mineral Rights................ .................................................................52
7.19 Dig .....................................................52
7.20 Compliance with Fire Protection Plan.......................................................................................52
7.21 Responsibility for Damage to Community Association Property ..............................52
7.22 Established .................................................................53
7.23 Wetland Areas . ...........................................53
7.24 Pollution .........................................53
7.25 Fires................................. ...........................................................54
7.26 Speed Bumps .............................................54
7.27 Window Coverings....................................................................................................54
7.28 Signs............................................... ...........................................................54
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7.29 Fences, Walls Etc. .....................................................................54
7.30 Walls and Fences Located Adjacent to Open Space Areas.....................................55
7.31 ...............................................55
7.32 No Subdivision of Residential Lots .............................................55
7.33 Compliance With Applicable Laws and Community Entitlements ............................55
ARTICLE 8 DESIGN REVIEW AND ARCHITECTURAL STANDARDS ....................................................55
8.1 Non-Applicability to Declarant, Guest Builders.........................................................55
8.2 Scope of Required Review of Plans for Improvements............................................56
8.3 Community Design Review Committee ....................................................................56
8.4 Community Design Guidelines..................................................................................57
8.5 Interpretation andl Appeal..........................................................................................58
8.6 Performance of Construction ....................................................................................58
8.7 Inspection and Correction of Work ...........................................................................58
8.8 Conflict With Applicable Laws...................................................................................59
8.9 Waiver................................ .........................................................59
8.10 Estoppel Certificate...................................................................................................59
8.11 Liability......................................................................................................................59
8.12 Notice of Non-Compliance or Non-Completion.........................................................59
ARTICLE 9 DEVELOPMENT AND OTHER IRIIGHT .................................................................................60
9.1 Declarant, Guest IBuilder and Owner Rights.............................................................60
9.2 Access.......................................................................................................................60
9.3 Construction..............................................................................................................60
9.4 Marketing Rights.......................................................................................................60
9.5 Approval of Signage. ...................................................................61
9.6 Title Rights................................................................................................................61
9.7 Declarant Representative .........................................................................................61
9.8 Formation of Sub-Association or Special Benefit Area.............................................61
9.9 Declarant and Guest Builder IExemption...................................................................62
9.10 Architectural Review Exemption...............................................................................62
9.11 Use Restriction Exemption........................................................................................62
9.12 Exclusive Rights to Use Name of Community..........................................................62
9.13 Publicity Release .......................................................................62
9.14 Photography of Residence and Other Buildings.......................................................62
9.15 .................................................63
9.16 Supplementary Community Declarations .................................................................63
ARTICLE 10 INSURANCE................................................ ...........................................................63
10.1 Community Association's Insurance Obligations......................................................63
10.2 Compliance With Insurance Requirements in Documents of Record.......................66
10.3 Review of Insurance .................................................................................................66
10.4 Community Association's Authority to Revise Insurance Requirements..................66
ARTICLE 11,11 DESTRUCTION OF IIMPIROVEMIENT ................................................................................66
11.1 Repair and Reconstruction of Damaged Community Association Insured
Property Project Improvements .................................................66
ARTICLE 12 EMINENT DOMAIN .................................................68
12.1 Condemnation .............................................68
12.2 Total Taking ...............................................68
12.3 Minor ...............................................69
12.4 Major ...............................................69
ARTICLE 13 ANNEXATION OF REAL PROPERTY..................................................................................69
13.1 Annexation................................................................................................................69
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13.2 Procedures for Annexation .........................................................69
13.3 Covenants Running With the Land............................................................................70
13.4 Requirements of VA or FHA ........................................................70
13.5 Annexations Under Supplementary Community Declarations,...................................70
13.6 ............................................70
ARTICLE 14 RIGHTS OF LENDERS ............................................71
14.1 ........................................................71
14.2 Liability for Unpaid Assessments ................................................71
14.3 Payment of axes and Insurance..............................................................................71
14.4 Notice to Eligible Mortgage Holders ..........................................................................71
14.5 Reserve Fund.............................................................................................................72
14.6 Inspection of Books and Records..............................................................................72
14.7 Financial Statements .................................................................................................72
14.8 Actions Requiring Eligible Mortgage Holder Approval...............................................72
14.9 Self ........................................................................73
14.10 Mortgagee Protection.................................................................................................73
14.11 Subordination.............................................................................................................73
14.12 Distribution of Insurance and Condemnation Proceeds............................................73
14.13 Voting Rights on Default............................................................................................73
14.14 Foreclosure. ...............................................................................................................73
14.15 Non Curable Breach ..................................................................................................73
14.10 Loan to Facilitate........................................................................................................73
14.17 Appearance at Meetings............................................................................................74,
14.18 Right to Furnish Information. .......................................................74,
14.1 g Inapplicability of Right of First Refusal to Mortgagee................................................74,
14.20 Written Notification to Mortgagees or Guarantors of First Mortgages......................74
ARTICLE 15 AMENDMENT AND TERM OF COMMUNITY DECLARATION.............................................74
15.1 Term...........................................................................................................................74
15.2 Amendments..............................................................................................................74
15.3 Approval by City.........................................................................................................75
15.4 Other Approvals.........................................................................................................76
15.5 Approval of Community Association to Amendments to Sub-Association
Declaratian ..................................................76
15.6 Conflict With Provisions of this Community Declaration............................................76
ARTICLE 16 ......................................................76
16.1 Enforcement and ......................................................76
16.2 Disputes Involving Members ........................................................76
16.3 Disputes Involving the Community Association and Members..................................76
16.4 Enforcement of Non Payment of Assessments.........................................................77
16.5 Enforcement of Bonded Obligations..........................................................................77
16.6 Procedures for Resolution of Disputes Involving Declarant and/or Guest
Builders......................................................................................................................77
16.7 No Additional ...........................................................80
16.8 Claims and Actions .....................................................................80
16.9 City Enforcement .......................................................................81
ARTICLE 17 COVENANTS OF COOPERATION AND OBLIGATIONS UNDER THE CITY
AGREEMENTS...................................................... ...............................................................81
17.1 Good Faith and .......................................................81
17.2 No Discriminatory Restrictions on Transfer..............................................................81
17.3 Estoppel Certificates.................................................................................................81
17.4 Sub-Association Authority.........................................................................................82
17.5 Community Association Limitation on Liability..........................................................82
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17.6 Reasonable .................................................................82
17.7 Transfer of Membership Upon Sale..........................................................................82
17.8 City Agreements .........................................82
ARTICLE 18 CITY REQUIRED .........................................................88
18.1 Notice of Airport in .........................................................83
18.2 Notice of Future Expansion of State Route 125 (SR-125)........................................83
ARTICLE 19 GENERAL PROVISIONS .......................................................................83
19.1 Headings .....................................................83
19.2 Severability................................................................................................................83
19.3 Cumulative Remedies...............................................................................................83
19.4 Access to Books, .......................................................................................................83
19.5 Liberal Construction..................................................................................................83
19.6 Notification of Sale of Separate Interests .................................................................83
19.7 Notices......................................................................................................................84
19.8 Number; Gender.......................................................................................................84
19.9 Exhibits......................................................................................................................84
19.10 Bindingi Effect............................................................................................................84
19.11 Statutory References................................................................................................84
19.12 Joint and Several ILiabili ty.........................................................................................84
19.13 Applicable Laws.........................................................................................................84
19.14 Conflicts in Documents.............................................................................................84,
19.1 5 Provision of Community Governing Documents to Prospective Purchasers............84,
19.18 Governing Law..........................................................................................................85
19.17 Approval of VA and FHA...........................................................................................85
19.18 Applicability of FHA/VA Requirements .....................................................................85
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COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND ESTABLISHMENT OF EASEMENTS
OF
COTA VERA
THIS COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
ESTABLISHMENT OF EASEMENTS OF COTA VERA("Community Declaration") is made and executed
this day of by HomeFed Village 8, LLC, a Delaware limited liability company
("Declarant")with reference to the facts set forth below.
RECITALS
Alll initially capitalized terms used but not defined in the Recitals shall have the meanings set forth
in Article 1.
A. C 6ta Vera. Declarant is the master developer of the residential community situated in the
City of Chula Vista, County of San Diego, State of California known as "Co^ta Vera." The portion of CO^ta
Vera encumheredl by this Community Declaration is a residential portion of a larger planned area that is
anticipated to ultimately be developed with a variety of uses, including residential for-sale property,
residential apartment communities,, commercial uses, together with a park, trails and other public and
private amenities.
B. Property Within Co'ta Vera. To facilitate the overall development and governance of the
Co"ta Vera Community, Declarant is recording this Community Declaration to provide for the establishment
of the CO^ta Vera Community Association and to impose upon the CO^ta Vera Community covenants,
conditions, restrictions and easements to benefit the overall CO^ta Vera Community. Declarant,andl Guest
Builders intend to develop the CO^ta Vera Community as a master planned development as defined in
Section 2792 of Title 10 of the California Code of Regulations) and as a common interest development
pursuant to the Davis-Stirling Common Interest Development Act. Initially, only the portion of the Co2ta Vera
Community described on Exhibit "A" will be subject to this Comm�unity Declaration. As additional real
property within CO^ta Vera is developed, such areas may Ibe annexed to this Community Declaration and
made subject to the jurisdiction of the Community Association. The areas which shall be annexed to this
Community Declaration are described on Exhibit "B." In addition, there is certain real property in the
vicinity of the Covered Property which may,, but is not required to be, be annexed to this Community
Declaration. Declarant may also designate, from time to time, other real property in the vicinity of the
Community which can be annexed by recordation of Supplementary Community Declarations.
C. Co'ta Vera Communit Association,. The Co^ta Vera Community Association has been
or will be formed to manage and govern CO^ta Vera Community and to perform certain maintenance and
other obligations, including obligations imposed by Governmental Agencies and the Community
Entitlements and to provide certain services for the benefit of the Community. A primary responsibility of
the Community Association will be to maintain the areas designated as the Community Association
Maintenance Areas, Offsite Maintenance Areas and Community Association Property in this Community
Declaration and any Supplementary Community Declarations,. To foster a sense of community, the
Community Association may also coordinate events and activities, referred to herein as "Lifestyle
Programs,"for the benefit of the residents within Cota Vera and surrounding Apartment Areas, Commercial
Areas and certain Age Qualified Areas.
D. Maintenance Areas Within CO'Aa Vera. Some of the areas which are required to be
maintained by the Community Association will be owned in fee title by the Community Association as
"Community Association Property" and the Community Association will have easements or licenses for the
maintenance of other areas in the Covered Property, which are referred to herein as the "Community
Association Maintenance Areas." In addition,there are certain offsite areas that the Community Association
is obligated to maintain. The offsite areas are referred to herein as "Offsite Maintenance Areas."
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E. Neighborhood City Parks. The approval of the Community by the City was specifically
conditioned upon the Community Association's ownership and maintenance of certain parks that are
required to be made available for use to the general public for recreation purposes. Public access
easements are being dedicated and accepted by the City for such Neighborhood City IParlks, and Park
Agreements have been or will Ibe entered into to ensure long term maintenance and operation of the
Neighborhood City Parks is performed in accordance with City requirements. The Community Association
will be obligated to perform all obligations pursuant to such Park Agreements, as more particularly set forth
herein. Each Owner, by acceptance of a deed for a Separate Interest, and the Community
Association by its acceptance of the Community Association Property,acknowledge and agree that
such Neighborhood City Parks shall be required to remain open to the general public, and that the
Community Association shall be obligated to maintain, operate and program such Neighborhood
City Parks in accordance with the Park Agreements. In no,event sh�alll the Community Association
or any Owner seek to have the City accepted Public Access Easement vacated.
F. Special Benefit Areas. The Community Association may provide special services and
may perform Maintenance Obligations which will benefit some but not all of the Covered Property within
the Community. The portions of the Covered Property which receive these special services are referred to,
as Special Benefit Areas. The Owners in the Special Benefit Areas will pay additional Community
Assessments for the services provided and/or obligations performed by the Community Association for the
benefit of the Special Benefit Areas. Special Benefit Areas will be identified in Supplementary Community
Declarations.
G. sub-Associations. In addition to the Community Association, Sub-Associations may be
formed to manage and govern certain neighborhoods within CO^ta Vera. Owners of Residences within these
areas will be members of both the Community Association and the applicable, Sub-Association, and will be
required to pay Community Assessments to both the Community Association and the Sub-Associations.
H. Guest Builders. Guest Builders will be developing Residences within the Community.
Guest Builders have been glranted certain rights, similar to the rights of Declarant hereunder, to permit
Guest Builders,to develop, improve, market and sell Residences within the Community.
1. Cost Shadrig Declarations With Adjacent Projects. The Community is situated
adjacent to certain areas intended to Ibe used for age qualified for-sale housing, for rent apartment and
commercial uses. Since some of the maintenance and other services provided by the Community
Association will also benefit these areas, Cost Sharing Declarations may be recorded. Pursuant to the
terms of the Cost Sharing Declarations, the Community Association will maintain certain areas and/or
provide services for the benefit of the Age Qualified Areas, Commercial Areas and the Apartment Areas,
and the owner(s) of the such areas will reimburse the Community Association for a portion of the costs
incurred by the Community Association in performing the maintenance obligations or providing for services
under the terms of the applicable Cost Sharing Declaration.
J. City Requirements. The City of Chula Vista has imposed upon the Community numerous
maintenance and other obligations to help to ensure the vision for the Community is achieved. Some of
these requirements include the obligation of the Community Association to accept certain maintenance and
other responsibilities under City Agreements. Since the Community Association will have substantial
maintenance and other obligations and the obligation to coordinate with the City of Chula Vista on various
matters, the Declarant until the Declarant's Rights 'Termination Date, will be entitled to appoint a majority
of the Community Board as described in this Community Declaration and the Community Bylaws.
K. Future Development,of C Eta Vera Community. C 6^ta Vera will be developed over a long
period of time and therefore needs to evolve to implement the goals and objectives of Declarant, Guest
Builders and the City and to address changes in development goals, technology, laws, and to satisfy the
needs and desires of the Members and the Owners. The Community Governing Documents must be able
to adapt to these changes while protecting the special features that make C0ta Vera distinctive and unique.
This Community Declaration establishes and provides the Community Association with the powers it needs
to govern, operate and maintain Co-ta Vera as a planned residential development. This Community
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Declaration shall be liberally construed to effectuate its purpose of creating a flexible plan for the
subdivision, maintenance, governance, development and marketing of the CO^ta Vera Community. To
achieve these goals and to ensure a flexible governance structure, further rights, obligations, allocations,
easements and other matters affecting Co'ta Vera or portions thereof will be identified in Supplementary
Community Declarations recorded in the future.
NOW, THEREFORE, Declarant declares that all of the Covered Property is, and shall be, held,
conveyed, encumbered,, hypothecated, leased, rented, used, occupied and improved subject to the
followings limitations, covenants, conditions, restrictions, easements, liens and charges, all of which are
declared and agreed to be in furtherance of a general plan for the subdivision, improvement, protection,
maintenance and conveyance of all of the Covered Property, and all of which are declared and agreed to
be for the purpose of enhancing, maintaining and protecting the value, synergy and appearance of the
Covered Property. All of the limitations, covenants, conditions, restrictions, easements, liens and charges
are equitable servitudes and shalll run with the Covered Property,shall be binding on and inure to the benefit
of Declarant, the Guest Builders, the Sub-Associations, the Community Association and all Owners having
or acquiring any right, title or interest in the Covered Property. It is the intention of Declarant in establishing
this Community Declaration that it be liberally construed to effectuate its purpose of creatingi a uniform plan
of operation, maintenance and governance for the benefit of all of the Community.
Throughout this Community Declaration, there are summaries(like this summary), which appear in
italics, to aid the reader's comprehension and use of this Community Declaration. In the event of a conflict
between any summary and the text of any of the Community Governing Documents, the text shall control.
In the event of any question as to interpretation of the summaries, the text of the Community Governing
Documents shall control.
ARTICLE 1
DEFINITIONS
The defined terms set forth in this Article are used throughout this Community Declaration and
many of the Community Governing Documents. The definitions in this Article will assist in reading and
reviewing the balance of this Community Declaration and the Community Governing Documents.
Unless the context otherwise specifies, or requires, the terms defined in this Article shall, for all
purposes of this Community Declaration, have the meanings specified below.
1.1 "Addifionall Charges" means costs, fees, charges and expenditures, includingi, without
limitation, attorneys'fees and costs, late charges, interest and recording and filing fees actually incurred by
the Community Association in collecting and/or enforcing payment of Community Assessments, and other
amounts levied under this Community Declaration. Additional Charges include, without limitation, the
following:
1.1.1 Reasonable attorneys' fees and costs incurred in the event an attorney is
employed to collect any Assessment or sum due, whether by suit or otherwise-,
1.1.2 A late charge lien an amount to be fixed by the Community Association in
accordance with California Civil Code Section 5650 to compensate the Community Association for
additional collection costs incurred in the event any Community Assessments or other sum is not paid when
due or within any"grace" period established Iby the Applicable Laws;
1.1.3 Costs of suit and court costs incurred as are allowed Iby the court;
1.1.4 Interest at the Applicable IE ate; and
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1.1.5 Any such other additional costs that the Community Association may incur in the
process of colllecting delinquent Community Assessments.
1.2 "Affiliate" means with respect to a specified Person, any other Person that directly or
indirectly through one or more intermediaries, controls or is,controlled by, or is s under common control with,
the specified Person. "Control" as used herein is defined as possession, direct or indirect, of the power to
direct or cause the direction of the management and policies of a Person, whether through the ownership
of voting securities, by contract, or otherwise.
1.3 "Age Qualified Ar go means areas in which age qualified residences are located,
which are subject to a Cost Sharing Declaration pursuant to the terms of which the Community Association
will perform certain maintenance and other services benefiting the Age Qualified Areas.
1.4 "Annexable Property"means any or all of the real property described on Exhibit "B"and
any other real property designated by Declarant in a Supplementary Community Declaration which may be
made subject to this Community Declaration in accordance with the provisions set forth in Article 13.
1.5 "Annexation" means the process by which the Annexablle Property may be made subject
to this Community Declaration set forth in Article 13.
1.6 "'Annua1 Op "erating Budgetmeans the annual operating budget adopted by the
Community Association from time to time.
1.7 "Apartment Area Owner" means the fee title owner of an Apartment Area.
1.8 "Apartment Areas"' means the apartment areas which are subject to a Cost Sharing
Declaration pursuant to the terms of which the Community Association will perform certain maintenance
and other services benefiting the Apartment Areas. If any additional Apartment Areas are developed in the
future, Declarant may enter into other Cost Sharing Declarations and references to Apartment Areas shall
include any additional Apartment Areas subject to such additional Cost Sharing Declarations.
1.9 "Applicable Laws" means the Community Entitlements for the Community and any law,
regulation, rule, order and ordinance of any Governmental Agencies which are applicable to the
Community, now in effect or as hereafter promulgated.
1.10 "Appficable Rate" means the rate of interest chargeable under this Community
Declaration and the other Community Governing Documents equal to the rate established by the
Community Association from time to time, but not to exceed the maximum rate allowed by Applicable Laws.
1.11 "Appfica�nt"' shall have the meaning set forth in Section 8.2.1.
1.12 ",RMIR Fac[lities" means the drainage improvements and BMIP facilities located or planned
to be located within the portions of the Covered Property and offsite areas described in the Storm Water
Management Agreement or which shall be maintained by the Community Association in conformance with
the requirements set forth in the Storm Water Management Agreement. Additional BMP Facilities may be
designated in Supplementary Community Declarations,.
1.13 ".Build[rig" means the building or buildings located on or within a Parcel.
1.14 ".Build[riq Exteriors" means exterior walls, parking areas, roofs and equipment and other
portions of any Buildings and other Improvements (including landscaping and hards,caping) located on a
Parcel that are visible within the Community.
1.15 "Citv" means the City of Chula Vista, California.
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1.16 "City Agreements" means any agreements entered into or required to be entered into by
Declarant, a Declarant Party, a Guest Builder (with Declarant's consent) or any other Person pursuant to
the Community Entitlements which impose obligations to be satisfied Iby the Community Association, which
agreements may be assigned to the Community Association, a Sub-Association or a successor Owner
pursuant to the terms of the applicable City Agreement as more particularly described in Section 17.8. The
City Agreements include,without limitation the Grant of Easements, License and Maintenance Agreements,
the Storm Water Management Agreements and any Park Agreements.Additional City Agreements may be,
but shall not be required to be, identified in Supplementary Community Declarations,.
1.117 "Cit v Design Guidelines" means the design, development and site plan gluidellines,
established pursuant to the Sectional Planning Area Plan and any other design guidelines es,tabllished
under the Community Entitlements. The City Design Guidelines are in addition to the Community (Design
Guidelines.
1.118 ".Commercial Area Owner" means the fee title owner of a Commercial Area.
1.119 ".Commercial Areas"' means the commercial areas which are subject to a Cost Sharing
Declaration pursuant to the terms of which the Community Association will perform certain maintenance
and other services benefiting the Commercial Areas.
1.20 ",Common Expenses" means the costs and expenses incurred Iby the Community
Association associated with the maintenance, operation, governance and services of the Community
Association including, without limitation, the following:
1.20.1 expenses incurred for the maintenance, management, operation, repair and
replacement of the Community Association Property, Community Association Maintenance Areas, Offsite
Maintenance Areas andl all other areas and facilities which are required to be maintained by the Community
Association;
1.20.2 expenses incurred for performing the Maintenance Obligations for the Community
Association Property and Community Association Maintenance Areas and for performingl the duties and
obligations of the Community Association set forth lin this Community Declaration and the other Community
Association Governing Documents;
1.20.3 expenses incurred in imlplementingl the Education and Enforcement Program;
1.20.4 expenses incurred lien performing the duties and obligations of the Community
Association set forth in this Community Declaration and the other Community Governing Documents;
1.20.5 expenses incurred yin maintaining any Special Benefit Areas or providing any
Special Benefit Area Services,, which expenses shall be lincluded in a Special Benefit Area Budget;
1.20.6 expenses incurred in complying with the Community Entitlements and Applicable
Laws,
1.20.7 expenses incurred in administering any committees formed by the Community
Association;
1.20.8 expenses incurred to cover due but unpaid Community Assessments and to
enforce the collection of such Community Assessments;
1.20.9 expenses of management and administration of the Community Association,
including, without limitation,, compensation paid by the Community Association to managers, accountants,
attorneys, architects, employees and consultants;
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1.20.10 expenses incurred in maintaining the legal status and qualifications of the
Community Association as an entity in good standing and entitled to do business in the State of California;
1.20.111 expenses incurred for attractions and promotional events, including, without
limitation, expenses of any decorations and seasonal displays, fairs, displays, musical and other
performances and programs and other events and attractions;
1.20.12 expenses of any inspections required or deemed appropriate Iby the Community
Association;
1.20.13 expenses of operating and maintaining any Common Utility Facilities and
providing, trash pickup and disposal, landscaping, patrols and other services benefiting the Community to
the extent such services are obtained and paid for by the Community Association;
1.20.114 expenses, if any, required for the maintenance of any areas required by any
Governmental Agency to be maintained by the Community Association;
1.20.115 expenses of insurance and bonds maintained by the Community Association;
1.20.116 reasonable reserves as deemed appropriate by the Community Association or
otherwise required to be maintained under the Community Governing Documents or Applicable Laws;
1.20.17 taxes and assessments incurred by the Community Association, including,I without
limitation, any taxes payable in connection with any reserves of the Community Association;
1.20.18 expenses incurred under any Cost Sharing Declarations, subject to any payments
made to the Community Association under such Cost Sharing Declarations;
1.20.19 expenses incurred by the Community Association for the discharge of any lien or
encumbrance levied against all or any portion of the Community Association Property;
1.20-20 expenses incurred in connection with fulfilling obligations, if any, incurred in
connection with any Offsite Maintenance Area Agreements or City Agreements;
1.20.21 expenses of any services provided from time to time, including, without limitation,
expenses associated with programs and events, expenses for the Lifestyle Programs and any staff or
company that may be hired to coordinate the Lifestyle Programs on behalf ofthe Community Association;
1.20.22 expenses incurred in performing the obligations under the Cost Sharing
Declarations (subject to reimbursement pursuant to the Cost Sharingi Declarations);
1.20.23 expenses incurred in preparing studies and engaging consultants to prepare the
annual parking reports described in Section 3.3.11; and
1.20.24 expenses of any other services or items designated by, or in accordance with other
expenses incurred by the Community Association for any reason whatsoever in connection with the
operation, maintenance and/or governance of the Community Governing Documents or in furtherance of
the purposes or the discharge of any obligations imposed on the Community Association by the Community
Governing Documents.
To the extent such Common Expenses are for the benefit of a Special Benefit Area and are included in a
Special Benefit Area Budget, such Common Expenses attributable to the Special Benefit Area Services will
be allocated only to the Owners within the Special Benefit Area.
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1.
1.21 ".Corn Utility Facilities"means all Utility Facilities serving the Community Association
Maintenance Areas and Community Association Property.
1.22 ".Com�rn means all of the Covered Property together with all Improvements situated
thereon.
1.23 "Community Assessments" or ""Assessments"" means the assessments which are
levied to cover the Common Expenses under Article 6 or other Community Assessments, permitted to be
levied by the Community Association under this Community Declaration and the other Community
Governing Documents, which include the Community Assessments described below.
1.23.11 "Capital Improvement Assessments" means the Capital Improvement
Assessments that are levied by the Community Association pursuant to Section 6.7.
1.23.2 "Compliance Assessments"means the Compliance Assessments,that are levied
by the Community Association pursuant to Section 6.8.
1.23.3 "Regular Assessments" means the Regular Assessments that are levied by the
Community Association pursuant to Section 6.4.
1.23.4 "Spe6all Assessments" means the Special Assessments, that are levied by the
Community Association pursuant to Section 6.6.
1.23.5 ""special IBenefit Area Assessments" means the Special Benefit Area
Assessments levied and assessed by the Community Association upon a Special Benefit Area under a
Special Benefit Area Budget in accordance with Article 6, including, without limitation, any costs and
expenses under a third party operating or management aglreement by the Community Association for such
Special Benefit Area.
1.23.6 "Utility Assessments" means the Utility Assessments that may be levied by the
Community Association against the Sub-Metered Separate Interests pursuant to this Community
Declaration.
1.24 91 icommunityAssociation"" means the CO^ta Vera Community Association, a California
non-profit mutual benefit corporation, or any successor entity charged with the duties, obligations and
powers of the Community Association.
1.25 ".Community Association Articles"means the Articles of Incorporation of the Community
Association filed in the Office of the Secretary of State and any amendments thereto.
1.26 ".Community Association Maintenance Areas" means any portions of the Covered
Property which the Community Association does not own but is obligated to maintain. The Community
Association Maintenance Areas shall be described in Supplementary Community Declarations.
1.27 91 icommunityAssociation Maintenance Manual" means the maintenance manual which
may be provided by Declarant, a Guest Builder (with Declarant 11 s consent) or their consultants to the
Community Association which sets forth the Community Standards and obligations and schedules for the
maintenance and preservation of the Improvements situated within the Community Association Property
and the Community Association Maintenance Areas by the Community Association, as updated and
amended from time to time by the Declarant, Guest Builder (with Declarant y s consent) or the Community
Board, pursuant to the terms of the Community Governing Documents.
1.28 "'Community Association Property" means, all real property and the Improvements
situated on such real property owned Iby the Community Association from time to time, including any real
property designated as Community Association Property in a Supplementary Community Declaration.
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1.29 ".Community Board" means the Board of Directors established to operate the Community
Association.
1.30 Community Bylaws"" means the bylaws of the Community Association as the same may
from time to time be amended.
1.31 "Community Declaration" means this Community Declaration of Covenants, Conditions
and Restrictions and Establishment of Easements, of Co'ta Vera, as it may be further amended and
supplemented from time to dime.
1.32 "Community Desilc
I in Guidelines" means the architectural, design and signage standards
and guidelines and procedures promulgated by the Community Board which implement and supplement
the City Design Guidelines and Community Standlardls.
1.33 7community Design Review Committee" means the design review iew committee formed in
accordance with the provisions of this Commu�n�ity Declaration which will implement the City Design
Guidelines and the Community Design Guidelines and will govern and administer the design review process
for the Community.
1.34 ",Community Entitlements"' means the Sectional Planning Area Plan and other City
Agreements, the conditions,of approval issued by the City for any portion of the Community, and any other
entitlements, permits, requirements, regulations and authorizations relating to the Covered Property and
any conditions, or requirements imposed from time to time by the City or other Governmental Agencies as
such Community Entitlements, may be amended or supplemented from time to time.
1.35 "'Community Governing IDocumeqts" means collectively the Community Association
Articles,the Community Bylaws,this Community Declaration,the Community Ru�les,the Community Design
Guidelines, any Supplementary Community Declarations, and any amendments or supplements to any of
the foregoing.,
1.36 "community Restricted Access Areas" means those portions of the Community
Association Property to which access is restricted under the Community Entitlements or the other
Community Governing Documents, or by the Community Association, if access is permitted to be restricted
under the Community Entitlements pursuant to this Community Declaration or in connection with the
governance of the Community.
1.37 "'Community' Rules" means the rules and regulations for the Community adopted by the
Community Board as amended or supplemented from time to time.
1.38 ".Community Signaqe" means any signage located within the Community Association
Property, Offsite Maintenance Areas or Community Association Maintenance Areas for the benefit of the
Community contemplated to be maintained by the Community Association under the Annual Operating
Budget.
1.39 91 icommunitystandards"" means the higher of the following standards: (a) the standards
established by the City in the Community Entitlements for the operation and maintenance of the Community,
(b)the standards and quality required to maintain, repair and restore the Community Association
Maintenance Areas, Community Association Property and any other applicable portions of the Covered
Property to the condition that existed as of the date the Residences and other Improvements within an area
were first completed, (c)the standard required to maintain the Community Association Property and
Community Association Maintenance Areas and the applicable portion of the Covered Property to the level
contemplated under the Community Entitlements,I and (d)the standards set forth in the applicable
Maintenance Manual.
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1.40 "Community Trail System" means the trails and pathways and other trail enhancements
included within the Community Association Property and any Offsite Maintenance Areas includling without
limitation the Village Pathway, Chula Vista Regional Trail and Neighborhood Trails as established in the
Community Entitlements, and City Agreements which are required to Ibe maintained by the Community
Association.
1.41 "Community Walls"means the walls and fences that will be maintained by the Community
Association.The Community Walls include all walls located within the Community Association Property and
Offsite Maintenance Areas. In addition, Community Walls include those portions of the walls or fences
bordering the Separate Interests as are designated for maintenance by the Community Association in a
Supplementary Community Declaration.
1.42 "Condominium" means a condominium within the Covered Property established under
Section 41125 of the California Civil Code, as depicted on a Condominium Plan.
1.43 "Condominium Plan" means a condominium plan filed for record pursuant to California
Civil Code Section 4125 in the Official Records.
1.44 ",Cost Shar[nq DeOargtions"means the Declarations Establishing Maintenance and Cost
Sharing Obligations (or similar documents,) which may be recorded to establish cost sharing obligations
upon the owners of the Apartment Area, Commercial Areas, Age Qualified Areas or other areas in the
vicinity of the Community as described in such Cost Sharing Declarations. Age Qualified Areas may be
subject to a Cost Sharing Declaration or may be Members of the Community Association, as determined
by Declarant in its discretion.
1.45 "County" means the County of San Diego.
1.46 ".Covered Pro if means all the real property described on Exhibit "A"attached hereto
and all Improvements thereon and any real property which shall become subject to this Community
Declaration by Annexation. In the event of the de-annexation of any Covered Property previously subject
to this Community Declaration, the term "Covered Property" shall not include any such de-annexed land.
1.47 "Pecllargnt" means Homen ed Village 8, LLC,, a Delaware limited liability company
("HomeF'ed Village 8")and shall include those successors and assigns of HomeFed Village 8 who acquire
or hold title to any part or all of the Covered Property for purposes of development and are expressly named
as a successor (Declarant to all or a portion of Declarant's rights in an Assignment of Declarant's Rights
("Assignment of Decllarant's RiOts")executed by the Declarant, or a successor Declarant, and recorded
in the Official Records assigning the rights and duties of Declarant to such successor Declarant, with such
successor Declarant accepting and assuming the assignment of such rights and duties. Any such
assignment may be subject to such conditions or limitations as Declarant may impose in its sole and
absolute discretion. A successor Declarant shall also be deemed to include the beneficiary under any deed
of trust securing an obligation from a then existing Declarant encumbering all or any portion of the Covered
Property, which beneficiary has acquired any such property by foreclosure, plower of sale or deed in lieu of
such foreclosure or sale and a Person who acquires Declarant or substantially all of its assets, or who
merges with Declarant by sale, merger, reverse merger, consolidation sale of stocks or assets, operation
of law or otherwise.
1.48 "`Decllarant(Pa means the current and future Affiliates of Declarant, and the respective
current and future directors, officers, employees, members, managers, partners,, trustees, trust
beneficiaries, agents, and representatives of Declarant and its current and future Affiliates,.
1.49 'Tecllarant's Rights Teirmiinatiion Date" means the earlier of (a) the date Declarant, a
Declarant Party or any Guest Builder no longer own any portion of the Covered Property or Annexable
Property, or(b)the date Declarant's Class C voting rights expire as set forth in Article 5.
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1.50 "Delegate Diistdct" means a portion of the Covered Property which is represented by a
Delegate and is created in the manner described in the section of the Community Bylaws entitled "Delegate
Districts." Delegate Districts shall be designated in the records of the Community Association.
1.51 "Delegates" means a person elected in the manner provided in the Community Bylaws to
represent the collective voting power on certain issues of all the Members within the Delegate District of
such Delegate.
1.52 "DRE" means the California Department of Ileal Estate, and any successor agency.
1.53 "'Education and Enforcement Program" means the education and enforcement program
required by the City to be implemented to help prevent the discharge of polllutants from the Community to
the Storm Water Management Facilities.
1.54 "Eligible Mortgage Holder" means any First Mortgagee who has given written notice to
the Community Association specifying its name, address and the real property encumbered by the First
Mortgage and requestingl written notice of any or all of the events to which such Eligible Mortgage Holder
is entitled to notice specified in this Community Declaration.
1.55 "Emergency" means any situation, condition or event which threatens, substantial
imminent damage or injury to Person or property.
1.56 "Federal Aqe�nclies" means collectively one or more of the following agencies and the
followings letter designation for such agencies shall mean and refer to, respectively, the agency specified
within the parentheses following such letter designation and any successor to,such agencies: FHA(Federal
Housing Administration), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National
Mortgage Association), GNMA (Government National Mortgage Association), and VA (United States
Department of VeteransAffairs).
1.57 71"nall Man" means a subdivision or parcel map filed in the Official Records that dlividles
any portion of the Covered Property into legal parcels or lots, including, without limitation, 'airspace" or
""vertical parcels," and any lot line adjustment thereto recorded in the Official Records.
1.58 "Eire ProtecUon Plan" means the Fire Protection Plan for the Community. The Fire
1.
Protection Plan is subject to revision pursuant to the requirements of the City from time to time.
1.59 "Eirst Mortgage" means a Mortgage that is,first in priority under the recording statutes of
the State of California over all other Mortgages encumbering a Separate Interest.
1.60 "Eirst Mortgagee" means,the Mortgagee of a First Mortgage.
1.61 "Eirst Purchaser" means the Owner of a Residential Lot or Condominium who acquired
the Residential Lot or Condominium under authority of a Public Report from Declarant or a Guest Builder.
1.62 7'scall Year" means the fiscal accounting and ireporting period of the Community
Association selected by the Community Board.
1.63 "Fuel Modification Areas" means the fuel modification areas as described in the Fire
Protection Plan.
1.64 "Governmental Agency" means the City, the County and any other federal, state, local
or municipal governmental entity or quasi-governmental entity (or any departmental agency thereof)
exercising jurisdiction over a particular subject matter for any portion of the Covered Property.
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1.65 "Grant & Easements, License and Maintenance Agreements" means the Grant of
Easements, License and Maintenance Agreements recorded or to be recorded against the Community
pursuant to the requirements of the City.
1.66 ""Guest Bulllder" means a Person designated Iby Declarant as a Guest Builder in a
recorded document who acquires a portion of the Covered Property for the purpose of developing such
portion of the Covered Property for resale to the general public, or a Person who is otherwise designated
as a Guest IBuilder by Declarant in a Supplementary Community Declaration or other recorded document.
1.67 "Hazardous Materials" means any biologically or chemically active, or toxic or hazardous
waste or materials as defined or regulated by Applicable Laws. "Hazardous Mlaterials'l'shall include,without
limitation,those described in the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, 42 U.S.C. Section 9601 et seg.; the Resource Conservation and Recovery Act, as
amended, 42 U.S.C. Section 6901 et seg.; any applicable state, local or federal laws, and the regulations
adapted under any such Applicable Laws.,
1.68 "Improvements" means any structure, vegetation or appurtenance thereto, and other
improvements constructed or installed above or below ground within the Covered Property, including,
without limitation, all Buildings, parking areas and structures, roadways, walkways, curbs, gutters, sewer
laterals, all types of walls and fences, paint on all exterior surfaces, poles, signs, exterior lighting and light
standards, recreational facilities, exterior air conditioning equipment, antennae, hedges, berms,
windbreaks, trash enclosures,i spas, swimming pools, Building Exteriors (including Residences),
landscaping, hardscapes, irrigation facilities, trees, shrubs, plazas, planters, stairways, railings, ramps,
Utillity (Facilities, pipes and conduits and any replacements, additions, repairs or alterations thereto of any
kind whatsoever. The Community Design Guidelines may identify additional items that are Improvements
which require approval of the Community Design Review Committee.
1.69 "Institutional Mortgame" means a First Mortgagee that is (a)a bank, savings and loan
association, insurance or mortgage company or other entity or institution chartered under federal and/or
state law; (b) an insurer or governmental guarantor of a First Mortgage; or(c) any federal or state agency.
1.70 '"Lessee" means any tenant or lessee occupying a portion of the Covered Property with a
written lease agreement.
1.71 "Ufestylle Programs" means those certain services, events and activities for the benefit
of the Community, the Apartment Areas,,the Commercial Areas and the Age Qualified Areas which may be
coordinated by the Community Association (or by staff or a company hired by the Community Association).
The Lifestyle Programs may also include special services solely for the benefit of a Sub-Association,
Apartment Area, Commercial Area, Age Qualified Area or certain Owners, and in such case, a portion of
the costs may be allocated for such services to the applicable Sub-Association, Apartment Area,
Commercial Area, Age Qualified Area or Owners as provided in the applicable Cost Sharinge Declaration.
1.72 ""Maintenance"" or "Maintain" whether capitalized or not means maintain, repair and
replace unless otherwise specified in this Community Declaration or a Supplementary Community
Declaration.
1.73 "Maintenance Manua1" oar "Maintenance Guide" means the Community Association
Maintenance Manual and any other manual or guide provided by Declarant or a Guest Builder to the Owners
or Sub-Associations imposing standards,and requirements for maintenance.
1.74 ""Maintenance Obligafions" means the obligations of the Community Association, each
Sub-Association and the Owners to perform (a) all Treasonable maintenance consistent with the terms of
the applicable Maintenance Manual and the Community Standards, and (b) any maintenance obligations
of the Community Association or an Owner set forth in this Community Declaration or a Supplementary
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Community Declaration or any of the other Community Governing Documents, or Sub-Association
Governing Documents.
1.75 "Ma"orlity & the Voting (Power" means the vote, consent or approval of all of the
Member(s) representing a majority of the Voting Power of the Community Association and Declarant until
the Declarant's Rights Termination Date. Declarant may designate in a Supplementary Community
Declaration any matters which may require a vote of less than a majority of the Voting Power as to a
particular matter which affects fewer than all of the Owners.
1.76 "Member" means every Person who holds a membership in the Community Association.
1.77 "Mortgage" means a mortgage, deed of trust, assignment of rents, issues and profits or
other proper instruments (including, without (limitation, those instruments and estates created by sublease
or assignment), that is given as security for the repayment of loan(s) or financings)that encumbers a
Parcell or Condominium in good faith and for value.
1.78 "Mortgaqee" means the holder of a Mortgage, inclludingl, without limitation, a beneficiary
under a deed of trust as well as a mortgagee.
1.79 "Nelighb&lhood City Park(sl" means those certain parks within Co"ta Vera identified in a
Park Agreement to be owned and maintained by the Community Association and made available for use
by members of the general public in accordance with the applicable Parks,Agreements and any other City
requirements. As of the date of recordation of this Community Declaration, the Neighborhood City Parks
include the parks identified as "Neighborhood Park" and "Town Square Park" in that certain Agreement
Regarding Construction of Parks recorded on as, Document of Official
Records., Additional Neighborhood City Parks may be identified in a Supplementary Community
Declaration.
1.80 "Notice and Heari�ngl" means the procedlu�re which gives an Owner notice of an alleged
violation of the Community Governing Documents and the opportunity for a hearing before the Community
Board.,
1.81 "Notice of Defingwent Assessments" has the meaning set forth in Section 6.15.6.
1.82 "Occupgqt" means, a person that is, entitled to occupy from time to time all or a portion of
a Separate Interest, whether pursuant to ownership, lease, sublease, license, concession or other similar
agreement.
1.83 ".0fficia1 Records" means,the official records of the County Recorder of the County.
1.84 ""offsite Maintenance Area Agreements" means, any agreement entered into by
Declarant, a Declarant Party or a Guest Builder relating to any Offsite Maintenance Areas which may
(a)grant easements, (b) impose obligations on the Community Association, any Owner, or Sub-
Association, and/or(c) impose conditions upon entry to the Offsite Maintenance Areas.
1.85 ""offsite Mai ntenance Areas" means any real property or facilities located outside of the
Community, if any, which the Community Association is obligated to maintain. Offsite Maintenance Areas
may be designated and/or depicted in a Supplementary Community Declaration.
1.86 "Open Space Area" means the real property located adjacent to the Community that is
subject to open space restrictions.
1.87 ".Owner" means the record owner from time to time, whether one (1) or more Persons, of
fee simple title to any Residential Lot or Condominium in the Community. Without limiting the foregoing,
the term "owner" includes Declarant and each Guest Builder offering IReslidential Lots or Condominiums lien
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the Community for sale pursuant to a IPubllic Report and the purchaser under an installment land sales
contract(as described in Section 298,5 through 2985.6 of the California Civil Code).The term "Owner"does
not include Persons,who hold an interest in a Separate Interest merely as security for the performance of
an obligation.
1.88 "Parcel" means each of the separate parcels or lots shown and described on a Final Map.
1.89 "'Parks Agreements" means that certain Agreement Regarding Construction of Parks
�[Otay Ranch Village 8] recorded in the Official Records and each other agreement, if any, required by the
City that imposes obligations on the Community Association related to maintenance and operation of the
Neighborhood City Parks.
1.90 ''Parking Management Plan" means the Parking Management Plan prepared by the
Declarant and approved by the City which shall be implemented by the Community Association.
1.911 'Termitted Users" means all Occupants, and any Person whose presence within the
Community is approved by or is at the request of the Community Association, a Sub-Association or a
particular Owner or Lessee, includling, without (limitation, the respective employees, agents, contractors,
customers, family, guests, invitees, licensees and concessionaires of such Persons.
1.92 'Terson" means a natural person, a corporation, a partnership, a limited liability company,
a trust, a trustee, or other legal entity. When the word "person" is not capitalized, the word refers only to
natural persons.
1.93 "Phase"means a phase of development for which a Public Report has,been issued by the
DRE, unless with respect to any portion of the Covered Property a Phase is otherwise specified in a
Supplementary Community Declaration.
1.94 "Plana" has the meaning set forth in Section 8.2.1.
1.95 "'Private Streets" means those streets, roads, drives, and/or alleys and lighting
Improvements, parkway, sidewalk and other corresponding infrastructure, if any, which are owned and/or
maintained by the Community Association, if any, including any Private Streets located in a Special Benefit
Area.
1.96 "FuNic Report" means a final subdivision public report issued by the DRE for any
Phase in the Covered Property, including any amendments to such Public Reports.
1.97 "Pudic Access Areas" means any portion of the Community Association Property
required to be made available for public or quasi-public use pursuant to the requirements of the City. IPubllic
1.
Access Areas may include the Neighborhood City Parks and may include, without limitation, additional
parks, open spaces, trails and other facilities in the Community.
1.98 "Residence" means a residential dwelling unit located within the Covered Property.
1.99 "'Residential Lot" means a subdivided lot shown on a Ffinal Map approved for the
development of a single family Residence.
1.100 "sectional Planning Area Plans" means the City approved Sectional Planning Area
Plans approved by the City for the Community, as such Sectional Planning Area Plans may be updated or
amended with the City's consent.
1.101 "Separate Interest" means any or all of the following: (a) any Residential ILot shown on
any Final Map upon which a Residence lis or intended to be constructed, and (b) any Condominium within
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the Covered Property. Notwithstanding anything to the contrary contained herein, the term Separate
Interest shall not include any Sub-Association Property or Community Association Property.
1.1102 "special Benefit Area Budget" means those elements of the Annual Operating Budget
which itemize the cost components to be assessed against portions of the Covered Property within a
Special Benefit Area, as provided in this Community Declaration and the other Community Governing
Documents.
1.1103 "special Benefit Area Rules"means any rules established by the Community Association
applicable to a Special Benefit Area.
1.104 "Special Benefit Area Services" means those services and activities of the Community
Association provided to a Special Benefit Area, including services provided by the Community Association
that are specified in a Supplementary Community Declaration as Special Benefit Area Services.
1.105 "Special Benefit Areas" means the portions of the Covered Property which may directly
receive a special benefit from the Community Association (which benefit may be in the form of amenities
provided or maintenance or other services offered) and for which additional Commu�n�ity Assessments will
be imposed on the Owners within the applicable Special Benefit Area who, receive such special benefits
pursuant to the provisions of this Community Declaration or any Supplementary Community Declaration.
1.1106 "'Storm Water Manaqe�ment Facilities" means all onsite and offsite structural facilities
constructed as part of the Community's, site design, treatment control, or hydro-modification control IBMP's,
proposed as part of the development project submittals and as approved by the City prior to the issuance
of a development permit or as amended with the City's approval after the development is compilete.
1.107 "'Storm Water Management Agreements" means the Storm Water Management
Facilities Maintenance Agreement with Grant of Access and Covenants recorded or to be recorded against
the Community or any portion thereof pursuant to the requirements irements of the City.
1.108 ".Sub-Association" means any California corporation or unincorporated association,
established in connection with a Sub-Association Declaration, the membership of which is composed of
Owners of Parcels or Condominiums within the area of the Covered Property covered by the Sub-
Association Declaration.
1.1109 "'Sub-Association DecIaration" means any declaration of covenants, conditions and
restrictions which affects solely a portion of the Covered Property and which establishes a Sub-Association.
This Community Declaration and any Supplementary Community Declarations recorded pursuant to the
Community Declaration are not Sub-Association Declarations.
1.110 "sub-Association Governinq Documents" means a Sub-Association Declaration and
any bylaws, articles of incorporation, rules, arch itectu ral/desig n guidelines and other goveirningi instruments
of a Sub-Association.
1.111 "i Sub-Association Property" imeains real property owned in fee title or by easement by a
Sub-Association.
11
1.112 go upplementary Community Declarations means those certain Supplementary
Community Declarations of Annexation and Covenants, Conditions and IE estrictions of C 0-ta Vera, or similar
instruments, which may be recorded pursuant to this Community Declaration, without the consent of any
Owner or Sub-Association, by Declarant or a Guest Builder(with Declarant's written consent), or which may
be recorded by the Community Association (with the prior consent of Declarant until the Declarant's Rights
Termination Date)to do any or all of the following: (a) annex all or a portion of the Annexable Property and
impose additional covenants and restrictions or make such other complementary additions and/or
modifications necessary to reflect the different character of the real property to be annexed, (b) prior to
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Annexation, delete any portion of the Annexable Property from the description of the Annexable Property,
or after Annexation, dean�n�ex any portion of the Covered Property pursuant to Article 13, (c) designate an
area or portion thereof as a Phase or Delegate District, (d) designate any additional areal property to be
included within the Annexable Property, (e) designate Special Benefit Areas, Fuel Modification Areas, and
certain other areas designated herein, (f) identify Community Association Property, Community
Association Maintenance Areas, Wetland Areas and Offsite Maintenance Areas or other areas to be
maintained by the Community Association and/or make modifications, or supplements to any areas
designated for maintenance Iby the Community Association, a Sub-Association or any Owner, (g) identify
the amount of the initial capital contribution which is required pursuant to Section 6.25, (h) conform this
Community Declaration or any previously recorded Supplementary Community Declarations to Applicable
Laws or any conditions of approval imposed by any oovernmentall Agency or Community Entitlements,
(i) conform this Community Declaration and other Community Governing Documents to the requirements
of any Federal Agencies, and notwithstanding anything to the contrary set forth in this Community
Declaration, impose obligations or covenants if required by the Federal Agencies without the prior consent
of any Owner or Sub-Association, (j) memorialize any exemptions or variances which may have been
granted by Declarant to any portion of the Covered Property, (k) supplement or modify any of the exhibits
to this Community Declaration or any previously recorded Supplementary Community Declarations,
(1) make corrections to the provisions of this Community Declaration or any previously recorded
Supplementary Community IDecla ration(s), (m) identify additional areas which may be subject to Cost
Sharing Declarations, and/or (n)for any of the other purposes for which a Supplementary Community
Declaration may be recorded under this Community Declaration. Supplementary Community Declarations
may also be recorded by Decllarant or the Community Association (with the prior consent of Declarant until
the Declarant's Rights Termination Date) to impose additional covenants and restrictions on the Owners
with the prior consent of the applicable Owners, upon whose portion of the Covered Property the covenants
and restrictions are being imposed unless such restrictions are imposed pursuant to any of the other
purposes for which a Supplementary Community Declaration may be recorded as set forth herein or in the
other Community Governing Documents in which case no such consent shall be required.
1.11 "Telecommunications Facilities" means systems, equipment, Improvements,wiring and
services for cable television, communications, telecommunications, cellular facilities including without
limitation cellular towers, antenna, high-speed data, telephone and all related intranet, Internet, information
transfer, transmission, video and other similar services and any technological evolutions of the foregoing.
1.114 91 tillity Facilities" means all utility, communication, heating and ventilation and other
similar facilities including,l without limitation, intake and exhaust systems, any back flow preventers, any
drainage systems, ducting systems for ventilation and utility services, water systems, sanitary sewer
systems, natural gas systems, electrical systems, fire life safety systems, chilled water systems and central
plants, telecommunication facilities, exhaust fans, lightning rods, vaults and switchgears, heating,
ventilation and air conditioning systems, (including, without limitation, all machinery controls and vents
relating thereto), emergency generators, central utility services and all other utility systems, conduits,,
cablingi and facilities, servicing the Community which are situated in, on,, over and under, or located within
the Community.
1.11,15 "Voting Power" means the votes allocated to the Members as provided under Article 5.
1.1116 "Wetiand Areas" means those portions of the Community Association Property containing
wetlands. The Wetland Areas may be depicted and/or designated in a Supplementary Community
Declaration.
ARTICLE 2
DESCRIPTION OF THE COMMUNITY AND CREATION OF EASEMENTS
This Article describes the easements necessary for the Community Association to exercise its
rights and obligations under the Community Governing Documents, the easements necessary for Declarant
and Guest Builders to implement the development plan and marketing for the Community, and the
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easements necessary for the Sub-Associations and Owners to exercise their rights and participate and
enjoy the overall features and amenities of the Community intended for their use. Each Owner's rights of
enjoyment within the Covered Property are limited by some of the property rights which are described in
this Article.
2.1 Description of the Commu If developed as Ipllanned, the Community will consist of
the Covered Property and any Annexable Property that may be annexed hereto. The Covered Property
includes areas intended for the use by the Community Association, the Sub-Associations, the Owners and
their Permitted Users subject to the rights and limitations set forth in this Community Declaration and the
other Community Governing Documents,. The Covered Property may also include Public Access,Areas for
use by the Owners,, their Permitted Users and members of the public.
2.2 'Title to Communiltv Association Prolpe . Any portions of the Covered Property within
a Phase made subject to this Community Declaration that are intended or required to be Community
Association Property shall be conveyed to the Community Association prior to the conveyance of the first
Separate Interest in that Phase to a First Purchaser.
2.3 Commencement of Easements. The easements herein granted and reserved shall be
effective as to the applicable portions of the Covered Property upon the recordation of this Community
Declaration or a Supplementary Community Declaration in the Official Records covering the real property
encumbered by such easement, and if such portion of the Covered Property is owned by Declarant or a
Guest (Builder, upon the conveyance of such portion of the Covered Property by Declarant or such Guest
Builder.
2.4 Limitations. All of the easements and licenses described) in this Article 2 are su�bject to
the limitations set forth in Sectilon 2.,9 and any other limitations and restrictions set forth in the Community
Governing Documents, and each grant of a license or easement in this Article 2 shall include the implied
statement that such license or easement is subject to such limitations and restrictions as if the foregoing
statement were specifically set forth in the applicable granting clause.
2.5 Easements for Access.
2.5.1 Non-Exclusive Easements for Community Association Property. Declarant
hereby reserves to itself for its benefit and the benefit of its assignees and for the benefit of Guest Builders,
and grants to the Owners for their benefit and the Ibenefitoftheir Permitted Users a non-exclusive easement
for ingress, egress, and use in and to the Community Association Property, Community Association
Maintenance Areas and any other areas, designated in a Supplementary Community Declaration, except
any Community Restricted Access Areas. The Community Board may impose restrictions on access to
such Community Association Property and Community Association Maintenance Area, including, without
limitation, restrictions set forth in the Community Rules.
2.5.2 Non-Exclusive Easement for Community Trail S,vstem. Declarant hereby
reserves to itself for its benefit and the benefit of its assignees and Guest Builders, and hereby grants to
the Owners for their benefit and the benefit of their Permitted Users a non-exclusive easement for ingress,
egress and use of the portions of the Community Trail System included within the Community Association
Property, subject to the rights of the Community Association to restrict access, including restrictions on
access by certain motorized and non-motorized wheeled equipment deemed inappropriate or a (hazard by
the Community Board or as otherwise restricted under the Community Rules.
2.5.3 Private Streets. Declarant hereby reserves to itself for lits benefit, the benefit of
Guest Builders and the benefit of their Permitted Users, and grants to the Owners for their benefit and the
benefit of their Permitted Users, a non-exclusive easement for vehicular and pedestrian ingress and egress
over and across any Community Association owned or maintained Private Streets', provided, however, that
if such Private Street maintenance is part of a Special Benefit Area, Declarant and any Guest Builder shall
have the right to restrict access over such Private Street to Members within such Special Benefit Area,
which restriction shall be set forth in a Supplementary Community Declaration. Such easement shall not be
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deemed to be an easement for parking within any Private Street; any parking within a Private Street owned
by a Sub-Association shall be for the sole use and benefit of Owners subject to the jurisdiction of the Su�b-
Association, subject to the Sub-Association's requirements related to parking within such Sub-Association
owned Private Streets.
2.6 Easements in Favor of Declarant and the Community Association.
2.6.1 Easements for Performance of Obligations and Enforcement of Ric
thts.
Declarant hereby reserves to itself, for its benefit and the benefit of its agents, employees and contractors
and any assignees of Declarant (including Guest Builders), and grants to the Community Association, for
its benefit and the benefit of its agents, employees and contractors, a non-exclusive easement on, over,
under, through and across the Covered Property for performing its dluties and exercising its powers
described in this Community Declaration inclludingl for the purpose of taking such actions as may be
reasonably required to exercise the remedies of the Declarant or the Community Association(as appllicable)
in regard to any violation of this Community Declaration or any of the other Community Governing
Documents or the applicable Sub-Association Governingl Documents. Such easements include, without
limitation, a non-exclusive easement over,, upon, across and through all portions, of the Covered Property
(including without limitation the Community Association Maintenance Areas) and to the Declarant, a non-
exclusive easement over the Community Association Property for the purpose of performing such
maintenance as the Community Association is authorized or required to perform under the Community
Governing Documents and the Community Entitlements, and such access as may Ibe reasonably required
in connection with such activities. In the case of any such entry over, upon, across and through any
Covered Property that is not owned by the Community Association, or included in the Community
Association Maintenance Areas, the Community Association shall endeavor to provide reasonable prior
notice to the Owner of the affected portions of the Covered Property.
2.6.2 Events, Services and/ Concessions. Decllarant hereby reserves to itself,i
together with the right and power to grant the same, a non-excllusive easement over the Community
Association Property and other portions of the Covered Property to conduct promotional and sales activities,
events, programs and provide other services within the Community Association Property.
2.6.3 Easements for Telecom mu�n icaflon Facilities. Declarant hereby reserves to
itself, together with the right and power to grant the same, and grants to the Community Association non-
exclusive easements through the areas beneath the surface of the Community Association Property,
Community Association Maintenance Areas, and Private Streets for maintenance of Telecommunication
Facilities (to the extent either Declarant or the Community Association has the obligation and/or right to
maintain such Telecom mu n ication Facilities) and Declarant further reserves to itself any revenue obtained
from such Telecommunications Facilities until the Declarant's Rights Termination Date.
2.6.4 Pubfic Use. Declarant hereby reserves to itself, together with the right and power
to grant the same, and grants to the Community Association (a) the right and authority (with the prior
consent of the Declarant until the Declarant's Rights Termination Date) to grant to the City or other
Governmental Agency one or more easements, licenses or other rights over, upon and across the
Community Association Property,, or any portion thereof,, and (b) the right and authority to grant (with the
prior consent of the Declarant until the Declarant's Rights Termination Date) to the public or to other
Persons who are not Owners one or more easements, licenses or other rights over, upon and across the
Community Association Property for such purposes as Declarant or the Community Association may deem
appropriate, including,without limitation,for the purpose of peirimiittiingi the City to perform various obligations
and responsibilities within the Community, including ingress and egress easements for Emergency
purposes. Such rights in favor of the City include,without limitation, any rights of the City established under
the City Agreements.
2.6.5 Other Easements. Declarant anticipates that the Covered Property shall be
subject to additional easements as set forth in the Supplementary Community Declarations, as well as in
any Final Maps, the Community Entitlements and any other agreements recorded against the Covered
Property. Nothing in this,Community Declaration shall be deemed to limit the right of IDeclarant or, with the
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prior consent of the Declarant, the Guest IBuilldeirs and/or the Community Association, to grant or reserve
any additional easements over any portion of the Covered Property to such grantees and for such purposes
as Declarant or the Community Association as applicable) may deem appropriate, provided that any such
easement shall not be inconsistent with the easement rights granted in this Community Declaration.
2.7 Easements in Favor of Declarant and/or Guest Builders.
2.7.1 Peclarant's Easements to Exercise Rights of Dieclarant. Declarant hereby
reserves to itself, together with the right and power to grant and transfer the same, for its benefit and the
benefit of Guest Builders, a non-exclusive easement for ingress and egress to perform their duties and
exercise their powers granted or reserved in this Community Declaration to Declarant or the Guest Builders,
including, without limitation, the easement rights described in this Section 2.7.1 and the rights and powers
described in Article 9.
2.7.2,1 Development Easements in Favor of Declarant. Declarant hereby reserves to
itself, together with the right and power to grant and transfer the same, for its benefit and the benefit of
Guest Builders, and each of their agents, employees, contractors and prospective purchasers, non-
exclusive easements, over the Covered Property for access to, and ingress and egress over and across,
any portions of the Covered Property as are reasonable and necessary to undertake and compilete the work
of development, construction, marketing, conveyance and/or repair and replacement of the Improvements
and the right to exercise any warranty or rights to repair granted to Declarant or a Guest Builder under this
Community Declaration, any Sub-Association Declaration, any sales or other conveyance or lease
documents entered into, Iby a Guest Builder with an Owner or Lessee and any other agreements between
Declarant, a Guest Builder and/or an Owner.
2.7.3 Easernents to Declarant for,Annexa le Praerty. Decllaran�t hereby reserves to
itself together with the right and power to grant and transfer the same, for its benefit and the benefit of the
Guest Builders, an easement over, upon, through and across the Covered Property for the purpose of
reasonable ingress to and egress from, over and across the Covered Property to the Annexable Property
until all of such Ann�exable Property is annexed to the Covered Property.
2.7.4 'Maintenance and Ike air. Declarant, hereby reserves to itself,, together with the
right and power to grant and transfer the same, for lits benefit and the benefit of Guest Builders,, and each
of their agents, employees and contractors non-exclusive easement over, upon, through and across, the
Covered Property for access to perform necessary maintenance of any Improvements constructed Iby
Declarant or a Guest Builder or their respective agents,, employees and contractors.
2.7.5 Installation of Additional llmproveiments. Declarant hereby reserves to itself,
together with the right and power to grant and transfer the same, for its benefit and the benefit of Guest
Builders and each of their agents, employees and contractors,, the right to install and operate within the
Community Association Property and Community Association Maintenance Areas, such landscaping,
sidewalks, walkways, courtyards, parks, water features, art, drainage areas, lighting, street improvements,
signage, monumentation, Utility Facilities, and other facilities and Improvements, as may be deemed
appropriate by Declarant and/or required by the Community Entitlements.
2.7.6 Utility Facilities. Declarant hereby reserves to itself, together with the right and
power to grant and transfer the same, for its,benefit and the benefit of Guest 1Builders, easements on,, over,
under, through and across the Covered Property for the purpose of constructing, erecting, operating and
maintaining facilities and improvements, including, without limitation, easements for the installation and
maintenance of electric,telephone, cable television,water, gas, sanitary sewer lines,drainage facilities and
other facilities, as may be shown on any recorded subdivision or Final Maps or as are required by any
Governmental Agencies or as may be irequired in connection with the development of the Covered Property.
2.7.7 Drainage. Declarant hereby reserves to itself, together with the right and power
to grant and transfer the same, for its benefit and the benefit of Guest Builders and each of their agents,
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employees and contractors, a non-exclusive easement through and across the storm drain Improvements
for the drainage of water.
. . Easements for SInac
lic Declarant hereby reserves to itself, together with the
le.
right and power to grant and transfer the same, for its benefit and with the prior consent of Declarant for the
benefit of Guest Builders and each of their agents, employees and contractors, an easement on, over,
under, through and across the Covered Property to install and maintain, identification, promotional, and
other signage (including, without limitation, banners, pennants, flags, balloons and similar displays)
required or deemed necessary by Declarant or a Guest IBuilder in accordance City requirements.
2.7.9 Ponds or Other Se . Declarant hereby reserves to itself, together with the
right and power to grant and transfer the same for its benefit andl with the prior consent of Declarant for the
benefit of Guest Builders and each of their agents, employees and contractors, the right to enter upon any
portion of the Covered Property or Community Association Maintenance Areas to perform any work
required to be performed under any of the Community Entitlements or to cure any failu�re of the Community
Association or a Sub-Association or any Owner to perform any work required as a condlition to the release
of any bonds or other security posted with a Governmental Agency or any other obligee.
2.7.10 Lighting Easement. Declarant hereby reserves to itself for its benefit together
with the right and power to grant and transfer the same and with the prior consent of Declarant the benefit
of the Guest Builders, non-exclusive easements over and across the Community Association Property and
the Community Association Maintenance Areas and other areas within the Covered Property to install,
operate, maintain, repair and replace lighting, including, without limitation, holiday lighting.
2.8 Easements in Flavor of Community Association, Sub-Associations and Owners.
2.8.1 Encroachments Declarant hereby reserves to itself, together with the right and
power to grant and transfer the same,for its benefit and with Declarant'i s,prior consent, the benefit of Guest
Builders and for the benefit of the Community Association, each Sub-Association and, to the extent
applicable, each Owner, as an appurtenance to the Separate Interests of such Person, over, upon and
across all adjacent Separate Interests, for purposes of accommodating (a) any minor encroachments of
Improvements originally constructed on such Separate Interests whether such encroachment is expressly
contemplated by any plans and specifications or is due to construction errors, settlement or shiftingi of
Improvements, or similar causes (provided, however, that ono such easement shall be deemed created if
the encroachment occurred due to the intentional conduct of the Community Association, a Sub-
Association, Guest Builders or any Owner), and (b) any encroachment of an Improvement constructed on
such Covered Property substantially in accordance with the Plans approved pursuant to Article 8 of this
Community Declaration and expressly contemplated in such Plans (includingi without limitation balconies,
light fixtures, signage fixtures, awnings, and similar items). The easement for the maintenance of the
encroaching improvement shall exist for as long as the encroachments exist. Any easement of
encroachment may, but Sneed not be, cured by repair and restoration of the structure.
2.8.2 Prainage. Declarant hereby reserves to itself, together with the right and power
to grant and transfer the same, for lits, benefit and the benefit of Guest Builders and Iherelby grants to the
Community Association, Sub-Associations and the Owners,for their benefit and the benefit of the Owners'
Occupants a non-exclusive easement through and across the storm drain and sewer Improvements for the
drainage of water from such Owner's Separate Interests or any property owned by the Community
Association, the applicable Sub-Association or any Owner.
2.8.3 'Utilities. Declarant hereby reserves to itself, together with the right and power to
grant and transfer the same, for its benefit and the benefit of Guest Builders and hereby grants to the Sub-
Associations and to the Owners for their benefit and the benefit of the Owners' Occupants a non-exclusive
easement through and across the applicable portions of the Covered Property for the placement and
existence of Utility Facilities servicing such Owners'Separate Interests in the location originally installed by
Declarant or a Guest Builder.
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2.9 Limitations on Easements and License Ri Ihts. The easement rights and the
reservations of the right and authority to grant easements described in the foregoing provisions of this
Article 2 and elsewhere in this Community Declaration shall be subject to the limitations set forth below.
2.9.1 Easements of Record. The Covered Property and the Community are subject to
all covenants, conditions, restrictions, encumbrances, easements, dedications, and rights of way as shown
on any Final Maps and any other matters of record, including, without limitation, the Community
Entitlements and any agreements recorded by Declarant to memorialize the easements and other rights
reserved to Declarant under this Community Declaration. In particular, the Public Access Areas and other
portions of the Covered Property shall be subject to certain rights, of access in favor of the general public
as provided in the Community Entitlements.,
2.9.2,1 Commulnitv Governin Documents. All of the easements and rights set forth in
this Article 2 and any other easements,set forth in this Community Declaration are subject to the limitations,
restrictions and easements set forth in the Community Governing Documents. Without limiting the
foregoing, all such easements,and rights shall be subject to the easements and other rights reserved to the
Declarant and granted to Guest Builders, the Community Association, each Sub-Association, each Owner
and such Owner's Permitted Users, as specified above.
2.9.3 .1-imits on Use of Community Association Pr Subject to the Community
Governing Documents, the City Agreements and the Community Entitlements and the frights specifically
reserved by IDecllarant above, the Community Association shall have the right to (a) limit and restrict the
use of any facilities,within the Community Association Property and portions,thereof, during specific times
or on specific dates for classes, activities,, events or promotional activities and other purposes, and to
prohibit all use and access to portions of the Community Association Property as otherwise deemed
necessary by the Community Association for health, safety, welfare, privacy or security purposes, (b) limit
or permit usage thereof by Persons as the Community Association deems appropriate, and)/or(c) limit the
number of Persons using the Community Association Property. In exercising such rights, the Community
Association shall snot limit or restrict Declarant from exercising any rights expressly reserved to Declarant
in this Community Declaration or the Community Governing Documents.
2.9.4 Suspend Iliights to Use Cornmuinity Association Property. The Community
Association shall have the right, after Notice and Hearing, to temporarily suspend the right to use any
recreational or similar facilities within the Community Association Property Iby an Owner or Occupant
pursuant to the terms of the Community Governing Documents; provided,1 however, that no such
suspension shall deny an Owner or Occupant access to his or her Separate Interest or the use of any
utilities benefitting such Owner's Separate Interest.
2.9.5 Levy Charges. The Community Association shall have the right to levy charges
for promotional and other events which it sponsors within the Community Association Property.
2.9.6 Duration of Easement Rights. Except for the rights of Declarant and any
Declarant Party and the Guest Builders, the easement rights granted under this Community Declaration
shall be for a term and duration coextensive with the Owner's title or interest in and to pits Separate Interest.
Upon conveyance of a Separate Interest, such rights, shall pass, to the successor Owner(s)of the portion
of the Covered Property being conveyed. All of the rights reserved to Declarant,, a Declarant Party and a
Guest Builder shall continue so long as, Declarant, a Declarant Party or any assignee of Declarant or a
Declarant Party or a Guest Builder owns any portion of the Covered Property or the Annexable Property.
2.9.7 Limitation oi
n Access Rights n Cqnnection with Maintenance. Except for the
rights of Declarant, any Declarant Party and any Guest Builder, and except to the extent restrictions on
access are not authorized under the Community Entitlements, the Community Association and the
Declarant shall have the fright to temporarily close or irestrict access to the Community Association Property
or other Community Association Maintenance Areas as may be reasonably necessary in connection with
the performance of any Maintenance Obligations under this Community Declaration or the other Community
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Governing Documents or in the event of an Emergency or to exercise any other rights ireseirved or granted
by Declarant or the Community Association hereunder.
2.9.8 Rights of Permitted Users. Notwithstanding any other provisions of this
Community Declaration or the Community Governing Documents, nothing contained in this Article is
intended to grant any third party Iheneficiary rights or any other rights to a Permitted User. No Permitted
User shall have any rights under this Article independent of the rights granted to the Sub-Associations and
the Owners or the Community Association under this Community Declaration.
2.9.9 'Parking. The Community Association, shall have the right to limit and/or control
parking within the applicable portions, of the Covered Property in accordance with the Community Rules
and the Parking Management Plan.
2.110 Delegation of Use. Subject to the Community Governing Documents, an Owner may
delegate such Owner's rights of use of the Community Association Property and any facilities located
therein and the duties with respect thereto, to its Occupants provided no such delegation shall relieve the
Owner of such Owner's duties and obligations with respect thereto. An Owner who has made such a
delegation of frights shall not be entitled to use of the Community Association Property for so long as such
delegation remains in effect, other than such access rights as are directly related to the Owner's rights and
duties as landlord.
2.11 No Separate Transfer. None of the easements described above shall Ibe conveyed,
transferred, assigned, or encumbered separately from the fee interests in the individual Separate Interests.
Easements that benefit or burden any Separate Interest shall be appurtenant to that Separate Interest and
shall automatically accompany the transfer or conveyance of such Separate Interest, even though the
description in the instrument of transfer may refer only to the interests in the Separate Interest as transferred
orconveyed.
ARTICLE 3
COMMUNITY ASSOCIATION
The Community Association has been or will be formed to govern, maintain and manage the
Community and to perform the other powers and duties of the Community Association which,are described
in this Article. Given the diverse nature of the Community, the Community Association has extensive
powers in order to assure the efficient operation, maintenance and governance of the Community and to
respond to changes in the Community as may be required in the future.
3.1 Community Association and Communit Board. The Community Association is
charged with the duties and is given the powers set forth in this Article and the other provisions set forth in
this Community Declaration and the Community Governing Documents and its affairs shall be governed by
the Community Governing Documents. Except for those acts which are expressly reserved to the vote of
the Members in this Community Declaration or the other Community Governing Documents, any duty,
obligation or authority vested or required to be performed and any power or privilege which may be
exercised by the Community Association pursuant to this Community Declaration shall be performed or
exercised by the Community Board or its authorized agents or representatives, and any power, duty,
obligation or authority vested in or required to be performed by the Community Board by this Community
Declaration shall Ibe deemed a power, duty, obligation or authority of the Community Association.
Notwithstanding the foregoing or anything to the contrary in this Community Declaration, the Community
Association may not perform any of the activities which are prohibited under Section 3.5 of this Community
Declaration or which would have the effect of abrogating or impairing any of the rights reserved hereunder
to Declarant, a Declarant Party or any Guest Builder.
3.2 Powers of Community Association. Subject to the limitations expressly set forth in the
Community Governing Documents,,the Community Association shall have the powers of a non-profit mutual
benefit corporation organized under the laws of the State of California. The Community Association shall
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have the power to do any lawful thing that may be authorized, required, or permitted to be done by the
Community Association under the Community Governing Documents and to do and perform any act that
may be necessary or proper for or incidental to,the exercise of any of the express powers of the Community
Association, including, without limitation, the powers set forth below.
3.2.1 Performance of Duties; Comme�nceme�nt of Community Association's Duties
and Powers. The Community Association shall have the power to undertake all of the express duties
required under Sectlon 3.3 to be performed by the Community Association. Unless otherwise specified in
a Supplementary Community Declaration, the duties, rights and powers, of the Community Association as
described in this Community Declaration shall commence from and after the date of the conveyance of fee
ownership of a Separate Interest to a First Purchaser, or such earlier date that the Declarant may elect,
and the Community Association shall thereupon assume all such duties and such rights and powers.,
3.2.2,1 Enforcement. The Community Association, in its own name and on its own
behalf, or on behalf of any Owner who consents, shall have the power to (a) take dlisciplinary action and/or
assess monetary fines against a Sub-Association and any Owner for violation of the Community Governing
Documents by such Person or such Perso,n's, Permitted Users, (b) commence and maintain actions, for
damages or to restrain and enjoin any actual or threatened breach of any provision of the Community
Governing Documents, (c) after Notice of Hearing, suspend the rights to use any recreational or other
facilities located within the Community Association Property provided that in no event shall the Community
Association have the right to prevent access or utility service to an Owner's Separate Interest, and/or
(d) enforce by mandatory injunction, or otherwise, all of the requirements of the Community Governing
Documents.
3.2.3 Assessments. The Community Association shall have the power to establish,
levy and collect Assessments in accordance with Article 6 and to enforce payment of such Assessments
in accordance with the provisions of the Community Governing Documents.,
3.2.4 Enforcernent of Sub-Association Governing Documents and Obligations.
The Community Association shall have the right, but snot the obligation, to preview periodically the operation
of the Sub-Associations, and the performance by a Sub-Association of its maintenance and other
obligations to assure compliance with the Community Standards and the Community Governing
Documents. The Community Association shall have the power, but not the obligation, to enforce the Sub-
Association Governing Documents (a) lif the Community Association determines that the applicable Sub-
Association is unable or unwilling to do so, or(b lif the Community Association determines,, in its reasonable
judgment, that it is in the best interests of the Community to do so. The Community Association also shall
have the power to require that specific action be taken by a Sub-Association in connection with its
obligations and responsibilities hereunder or under other covenants affecting the Covered Property,
including requiring specific maintenance or repairs that a Sub-Association undertake. The costs associated
with such maintenance and repairs shall be the obligation of the Sub-Association.
3.2.5 Fright of Entry'. The Community Association and its authorized representatives
shall have the power to enter any portion of the Covered Property, to the extent reasonably necessary to
perform the construction and Maintenance Obligations of the Community Association as required under the
Community Governing Documents and the Community Entitlements and to exercise its enforcement rights,
under this Community IDeclaration. Any right of entry shall be exercised in accordance with the same
requirements set forth in Secfio�n 2.6.1. Such Persons shall not be deemed guilty of trespass by reason of
such entry.
3.2.6 Contract for Goods, and Services. The Community Association shall have the
power to contract for goods and/or services for the benefit of the Covered Property that are necessary for
the Community Association to perform its duties and obligations under the Community Governing
Documents and/or as may be required by Governmental Agencies. To the extent any such goods and
services are provided solely to a Special Benefit Area, the Community Association may assess such costs
solely to the Owners within the Special Benefit Area.
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3.2.7 DelleqaUon of Powers. The Community Association shall have the power to
delegate its rights, authority and powers, in whole or in part, under the Community Governing Documents
to professional managers, committees, employees, officers, or consultants, as may be deemed necessary
by the Community Board.
3.2.8 Delle qaUion of Ric
jhts of Use. Subject to the Community Governing Documents,
the Community Association shall have the power to exclusively use or to allow one or more Sub-
Associations, Owners, or Occupants the exclusive use of portions, of the Community Association Property
or Community Association Maintenance Areas for events and functions, on terms and conditions that the
Community Board deems appropriate, including charging such Sub-Association(s)or Owners,)or
Occupant for such exclusive use provided that until the Declarant's Rights Termination Date, the prior
consent of the Declarant shall be obtained. Such rights slhall be subordinate to the rights reserved to
Declarant under this Community Declaration.
3.2.9 Special Events, Promotional Events andl Mar M1 The Community
Association shall have the power to provide, for the benefit of the Su�b-Association�s, and/or the Owners,
special events, classes, activities, promotional events and marketing of the Community and to create and
provide activities, services, classes, activities,, programs and events intended to build and maintain a sense
of community and the power to levy charges or fees for such events,. Further, the Community Association
shall have the power to levy use fees for payment by the sponsor or promoter of such events to, cover the
additional costs and services provided by the Community Association in connection with such events,. Any
such events shall be coordinated with and subject to the approval of Declarant until the Declarant's Rights
Termination Date or Annexable Property.
3.2.10 Prov de Prowarris. The Community Association shall have the power to establish
and interact with tax-exem�pit organizations for educational, cultural, environmental, recreational,
preservation, and other activities benefitting the Community Association, the Sub-Associations and
Owners.
3.2.11 Easements and Rights of Way. The Community Association shall have the
power to exercise any of the easement and other rights granted to the Community Association under
Article Z, including, without limitation, the right to grant easements and licenses over the Community
Association Maintenance Areas.
3.2.12 Capital Improvements. Subject to the limitation set forth in Section 34.1(a),, the
Community Association may approve the construction,, installation or acquisition of a particular capital
improvement to the Community Association Maintenance Areas or to any areas being imaiintained within a
Special Benefit Area.
3.2-13 Mergers. The Community Association shall have the power, to the extent
permitted by Applicable Laws and provided the prior consent of Declarant has been obtained until the
Declarant's Rights Termination Date,, to participate in mergers and consolidations with other non-profit
corporations organized for the same purposes as the Community Association.
3.2.14 Acquire Real Property. The Community Association shall have the power to
acquire and hold real and personal property as may be necessary or convenient for the management or
operation of the Community Association Maintenance Areas, the administration of the affairs, of the
Community Association or for the benefit of the Members and Owners,.
3.2.15 Restrict Access. IExcelpt as provided lin the Community Entitlements, the
Community Association shall have the right and authority to restrict access on or to any portion of the
Community Association Property and the Community Association Maintenance Areas for purposes of
facilitating construction of Improvements by the Community Association, any Guest Builder or an Owner
which may include the placement of scaffolding, cranes or similar equipment, on such terms as the
Community Association imay deem reasonably appropriate. Any such restrictions on access shall
reasonably minimize any impact on access to and from any neighboring areas.
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3.2.16 Farrow Money. The Community Association shall have the right and authority, in
accordance with the Community Governing Documents, to borrow money for the purpose of improving,
replacing, restoring or expanding the Community Association Property, the Community Association
Maintenance Areas or for other 1purposes deemed reasonably necessary by the Community Board.
3.2.17 Enter [nto Maintenance, Goat ShaHnq and Easement Agreements. The
Community Association shall have the power to enter into maintenance, cost sharing and/or easement
agreements with owners of property adjacent to or in the vicinity of the Community (including, without
limitation, Governmental Agencies) and any Sub-Associations. Unless otherwise specified in the
agreement or a Supplementary Community Declaration, any agreements entered into by Declarant with
any Governmental Agency relating to the Covered Property shall be binding on the Community Association.
3.2.18 Lighting. The Community Association shall have the power to provide for and
operate lighting throughout the Community Association Property and the Community Association
Maintenance Areas, includlin�g, without limitation, holiday lighting. Such lighting may also be installed and
operated on the Building Exteriors or within the Community Association Property or the Community
Association Maintenance Areas. The costs and expenses incurred by the Community Association in
providing such lighting shall be assessed Iby the Community Association to the Owners as deemed
appropriate by the Community Association. Such lighting shall conform to the lighting requirements of the
City applicable to the Covered Property,1 if any.
3.2.19 TecKn . The Community Association shall have the power, either on its,own
or through a technology committee appointed by the Community Board, to explore ways and means to,
utilize technology and communication innovations, including, without limitation, if the Community Board so
elects, implementing an intranet within portions of the Community, providing access to the internet via Wi-Fi
or other means, and providing voice data communication systems and other technological evolutions and
developments to maximize the quality of life and the opportunities for work and pilay within the Community.
Nothing contained herein slhall constitute a representation that such services will be provided.
3.2.20 Permits for Special Events. To further the sense of community,1 from time to
time, Persons, including, without Ilimitatioin, the Sub-Associations,and other Owners, may desire to sponsor
special events within the Covered Property. The Community Association shall have the authority to issue
permits or authorizations granting to such Persons and their Permitted Users,, a nonexclusive license of
access and use over some or all of the Community Association Property reasonably necessary to the
operation of the special event.
3.2-21 Grant Concessions. The Community Association shall have the right to grant
concessions for snack bars and other commercial activities relating to the use and enjoyment of the
Community Association Property by the Owners within any portions of the Community Association Property.
Such rights shall be subject to and subordinate to any rights reserved by Declarant hereunder.
3.2.22 lyse b Public. The Community Association shall have the right to allow use of the
Community Association Property by members of the public, pursuant to any requirements imposed by the
City. The City shall be allowed to hold special events,in the Neighborhood City Parks,subject to Community
Association approval and the Park Agreement.
3.2.23 Spe&iall 113griefit Areas. Subject to the restrictions set forth in Section 6.9 of this
Community Declaration and any other limitations set forth in this Community Declaration, the Community
Association shall have the power to form and administer Special Benefit Areas in accordance with the
Community Governing Documents. In connection with the administration of Special Benefit Areas, the
Community Association shall have the 1poweir to establish Special Benefit Area Rules and may establish
advisory committees for any Special Benefit Area. Such advisory committees may propose special rules
and regulations with respect to Special Benefit Areas which may be adopted by the Community Association.
The Community Association may also adopt special election procedures for the election of members of
such advisory committees.
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3.3 Duties of Community Association. The Community Association shall have the duty and
obligation to perform the actions and duties set forth in this Community Declaration and the other
Community Governing Documents subjiect to and in accordance with the Community Governing
Documents, the Community Entitlements and Applicable Laws.
3.3.1 App 1licable Laws and Community Entitlements. The Community Association
shall comply with all Applicable Laws and the Community Entitlements. The Community Association shall
not restrict access by the public to those portions of the Community Association Property required to be
made available for access by the public by the Community Entitlements.
3.3.2,1 Commu�nitv Association Maintenance Areas The Community Association shall
maintain, operate, and otherwise manage all Improvements and facilities within the Community Association
Maintenance Areas in accordance with the terms and provisions of the Community Governing Documents
and the Community Entitlements and perform all other maintenance obligations imposed upon the
Community Association under the Community Governing Documents. The Community IBoardl shall
periodically review the nature and scope of the operations of the Community Association to assure such
operations are in satisfactory compliance with the requirements of the Community Governing Documents
and the Community Association Maintenance Manual. The Community Association shall comply with the
requirements of any agreements entered into between Declarant or with the prior consent of IDeclarant any
Guest Builder and a Governmental Agency pertaining to the Community Association Property and
Community Association Maintenance Areas or other portions of the Covered Property.
3.3.3 Acceptance of Community Association Pr . The Community Association
shall accept title to and maintenance responsibility for each portion of the Community Association Property
or Community Association Maintenance Areas when title and maintenance responsibility is tendered by
Declarant or a Guest Builder, whether in fee simpile, by easement or otherwise, and the Community
Association shall execute each deed and any accompanying escrow instructions if requested to do so by
Declarant or a Guest Builder, and execute any bond exonerations when presented if the bonded obligations
are satisfied. No Owner shall interfere with the exercise by the Community Association, Declarant or a
Guest Builder of its rights or the fulfillment of its obligations hereunder.
3.3.4 Comirnuniity Standards. The Community Association shall comply with all
obligations imposed under the Community Governing Documents and shall comply with and, as it deems
necessary, enforce adherence to the Community Standards and the Community Governing Documents.
3.3.5 Comirnuniity Entitlements. The Community Association shall comply with all of
the requirements of the Community Entitlements imposing obligations on the Community Association,
including obligations relating to the Community Association Property and Community Association
Maintenance Areas.
3.3.6 Subsidy Agreement. The Community Association shall comply with all
requirements set forth in any subsidy agreement by and between the Community Association and Declarant
or any subsidy agreement by and between the Community Association and any Guest Builder.
3.3.7 City Agreements. The Community Association shall perform all obligations
imposed upon or assigned to the Community Association under the City Agreements. The Community
Association shall accept any assignment of obligations under such City Agreements, including, without
limitation, any indemnification obligations under the City Agreements, arising from and after the date of
such assignment.
3.3.8 Rubfic Access.The Community Association shall ensure that access to the public
in the Public Access Areas, including without limitation the Neighborhood City Parks, is properly maintained
at all times as provided in the City Agreements, any City accepted public access easement and the
Community Entitlements.
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3.3.9 Management. Subject to the provisions of this Section and the other requirements
of this Community Declaration, the Community Association shall have the duty to retain or employ a
professional manager or other Persons, who have professional experience ence in the management of master
planned communities to perform any services required for the maintenance, protection, operation and
preservation of the Covered Property. Any agreement for professional management of the Covered
Property shall be for a term not to exceed one (1) year, unless the consent of a majority of each class of
Members is obtained to a longer term; provided, however, that in no event shall such an agreement exceed
a term of three (3) years. Any such agreement shall provide that it may be terminated by either party for
cause upon not more than thirty (30) days' written notice and may be terminated) by either party without
cause and without payment of a termination fee upon not more than ninety (90) days'written notice.
3.3.10 Lifestvie Programs. The Community Association shall coordinate the Lifestyle
Programs for the benefit of the Community Association, the Apartment Areas, the Commercial Areas and
the Age Qualified Area(s) as contemplated under the Annual Operating Budget and in accordance with all
Applicable Laws, the Cost Sharing Declarations and the Community Entitlements, in�clludingl, but not limited
to, the requirements set forth in the Sectional Planning Area Plans. The Community Board shall not
eliminate the ILifestylle Programs without the consent of(i) Declarant so long as Declarant or a Guest Builder
owns any portion of the Covered Property or the Annexable IProperty, and (ii)sixty-seven percent(67%)of
the Voting Power of the Members.
3.3.11 Larking and Reporfing IRegWrements. The Community Association shall
manage all parking within the Community to the extent required under the Parking Management Plan.
Pursuant to the requirements of the City, once parking capacity reaches eight-five percent (85%) as
calculated by the City, the Community Association shall be required to submit an annual parking report to
the City for no fewer than five (5) years after such parking threshold is reached or such other time period
required by the City. To the extent any consultants must be engaged to prepare such annual parking
reports, the Community Association shall engage such consultants. Such annual parking reports shall
include an inventory and occupancy study to determine the number of available Iparkingspaces within the
Covered Property during peak and other hours and to evaluate shared Iparlking effectiveness.
3.3.12 Com�muniity Trail System. The Community Association shall maintain the
portions of the Community 'Trail System designated for maintenance Iby the Community Association in
accordance with the requirements of the City Agreements,the Community Entitlements and the Community
Governing Documents. To the extent the Maintenance Obligations for the Community Trail System are
delegated to a Sub-Association, then the Sub-Association, as appilicable, shall perform such Maintenance
Obligations and shall coordinate with the Community Association to ensure a uniform appearance and level
of maintenance, and ensure access is available by Owners as required under the Community Entitlements,
subject to any right of the Community Association, Declarant or Guest Builders to close such areas during
any development, maintenance or other similar activities.
3.3-13 Neighborhood Cit Pairlks. The Community Association shall maintain the
Neighborhood City Parks in accordance with the requirements of the IParlk Agreements, the Community
Entitlements and the Community Governing Documents and shall perform all obligations of the Developer
established in any Park Agreement. The Community Association shall accept an assignment of all
obligations of"Developer" pursuant to the Park Agreements including, without limitation, the obligation to
(i) maintain the Neighborhood City Parks to the satisfaction of the Director of Development Services, or
his/her designee, and (ii) submit annual Neighborhood City Park maintenance and reserve budgets,
including life cycle ireplacement guidelines to City for review by Director of Development Services, or his/her
designee, for review. The Community Association shall be obligated to maintain a reserve fund for the
Neighborhood City Park maintenance, which reserve fund shall comply with all requirements of the
California Civil Code including,,without limitation, Section 4178, 5560 and 5565. In addition,the Community
Associations shall be required to submit annual Neighborhood City Park maintenance and reserve budgets,
including life cycle replacement guidelines to the City for preview by the Director of Development Services,
or his/her designee, for review.
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3.3.14 'Taxes and Assessments. The Community Association shall Ihave the duty to pay
all real and personal property taxes levied against the Community Association, Community Association
Property, or personal property owned by the Community Association. Such taxes and assessments may
be contested by the Community Association provided that they are paid or that a bond insuring payment is
posted before the sale or the disposition of any property to satisfy the payment of such taxes.
3.3.15 Insurance. The Community Association shall have the duty to obtain from
reputable insurance companies and maintain the insurance described in Article 10.
3.3.16 Com�munlity Assessments. The Community Association shall establish,
determine, levy, collect and enforce all Community Assessments and cause to be prepared all budgets and
financial statements as required by the Community Governing Documents and Applicable Laws.
3.3.17 Community Association Maintenance Manual. The Community Association
shall comply with the provisions of the Community Association Maintenance Manual. The Community
Board may, from time to time, make appropriate revisions to the Community Association Maintenance
Manual based upon the Community Board's review thereof, to update such manual to provide for
maintenance according to industry practices, so long as such changes do not reduce the useful life or
functionality of the items being maintained and provided that prior to the Declarant's IRglhts Termination
Date, the prior consent of the (Declarant has been obtained.
3.3.18 Architectural) and Design Review Control. The Community Association shall
maintain architectural and design review control over the Covered Property, promulgate architectural
standards which are snot inconsistent with the Community Entitlements (but which may be more restrictive
than the Community Entitlements) and establish architecture and design review procedures as set forth in
the Community Design Guidelines and appoint the Community Design Review Committee in accordance
with the provisions of Article 8.
3.3.19 Commu�nity Rules. The Community Association shall adopt and shall be entitled
to modify and enforce the Community Rules as it considers to be appropriate relating to the use and
operation of the Community Association Property and the Community Association Maintenance Areas and
other portions of the Covered Property. Such Community Rules shall not be inconsistent with the
Community Entitlements (but may be more restrictive than the Community Entitlements). The Community
Association may also adopt rules appilicable to Special Benefit Areas. Notwithstanding any provision of this
Community Declaration to the contrary and to the extent Civil Code Section 4340, ��t seg. is applicable to
the Community Rules, any rule which is considered to be an operating rule under Civil Code Section 43,40,
et sg_g. may not be adopted, changed or amended except by and pursuant to the procedures set forth in
California Civil Code Section 4340, et seg.
3.3.20 Warranties. The Community Association shall comply with the terms of any
warranty in favor of the Community Association for any equipment or facilities within the Community
Association Property or Community Association Maintenance Areas.
3.3.21 Speciall Benefit Area Administratign. Declarant(or a Guest Builder with the prior
consent of Declarant), prior to the conveyance of a portion of the Covered Property to an Owner,, may
establish a Special Benefit Area or may expand an existing Special Benefit Area by designating portions of
the Covered Property to Ibe included within such Special Benefit Area in a Supplementary Community
Declaration. If any Special Benefit Area is formed or expanded after any portion of the Covered Property
to be included within such Special Benefit Area has been conveyed to an Owner, then the approval of the
Owners representing a majority of the Voting Power within such portion of the Special Benefit Area shall
be required and, if Declarant,a Declarant Party or a Guest Builder owns any portion of the Covered Property
or Annexable Property, the prior consent of the Declarant shall be required,. If approval is required, it shall
be the responsibility of the Members within the Special Benefit Area to obtain such approvals. Upon its
approval,the Special Benefit Area shall be described in a Supplementary Community Declaration recorded
by the Declarant or Community Association, as applicable. Nothing contained herein shall give the
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Community Association any rights to approve Special Benefit Areas established by the IDeclarant upon the
recordation of this Community Declaration or the recordation of a Supplementary Community Declaration.
3.3.22 Liens and Charges. The Community Association shall pay any amount
necessary to discharge any lien or encumbrance upon the Community Association Property and to the
extent caused by the Community Association or its agents, employees or contractors, the Community
Association Maintenance Areas or any other property or interest of the Community Association.
3.3.23 Notice Prior to LIU . The Community Association shall notify the Members
of any litigation filed for or on behalf of the Community Association. The notice shall include a proposed
budget for the litigation and an explanation of the source of the funds for the litigation. Such notice shall
provide an explanation of why the litigation is being initiated or defended, andl shall include a budget for the
litigation (including, without limitation, experts'fees and costs, consultants''fees and costs andl the costs of
the proceedings.) The notice must state that the Members have a right to review an accounting for the
litigation providledl in Section 5520 of the California Civil Code, which will be available at the Community
Association's office. Any such litigation which is filed shall also be subject to the requirements set forth in
Article 16.
3.3.24 Reserves. The Community Association shall establish and maintain a working
capital and contingency fund as required under the Community Governing Documents and Applicable
Laws.
3.3.25 041ligations,Under Other Community Governing Documents. The Community
Association shall perform all other duties that may be expressly imposed on the Community Association in
any of the Community Governs�ngi Documents.
3.3.26 Renewal of Permits. To the extent the Community Association has been
assigned any obligation relating to storm water, conservation or other obligations for which a permit must
be obtained from a Governmental Agency, the Community Association shall have the oblligation to cause
the renewal of such permits to comply with Applicable Laws or other Community Entitlements or City
Agreements.
3.3.27 Cost Sharing Declarations. The Community Association shall comply with and
perform all obligations imposed on the Community Association under the Cost Sharing Declarations. The
Community Association shall collect, and to the extent necessary, enforce payment of all amounts levied
under the Cost Sharing IDeclaratlions and shall apply such funds,to the Common Expenses incurred by the
Community Association in performing its obligations and exercising its rights under the Cost Sharing
Declarations.
3.3-28 Education and Enforcement Program. The Community Association shall
implement and distribute to Members at least once per calendar year, the Education and Enforcement
Program for stormwater education developed for the Community.
3.4 Limitations on Authority of Board.
3.4.1 Actions Requiring Member Approval. The Community Association shall not
take any of the actions Illisted below except with the vote or written consent of(a) a majority of the Members
of each of Class A and Class B Members during the time the Class, B voting structure set forth in
Section 5.2.2 is in effect; or (b)the vote at a meeting of the Community Association, or by written ballot
without a meeting pursuant to Corporations Code Section 7513, of at least a majority of the Members, of
the Community Association including at least a majority of Community Association Members other than
Declarant after conversion to a single Class A voting membership.
(a) Limit on Ca itall Improvements. The Community Association shall not
without obtaining the consent of the Members as set forth above, incur aggregate expenditures for capital
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improvements tothe Community Association Property or Community Association Maintenance Areas in
any Fiscal Year in excess of five percent (5%) of the budgeted gross expenses of the Community
Association for that Fiscal Year.
(b) Limit on SaIes of Community Assoclation Pr The Community
Association shall not sell during any Fiscal Year property of the Community Association having an
aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the
Community Association for that Fiscal Year.
(C) Limit on Compensation. The Community Association shall not pay
compensation to Members,for services,performed in the conduct of the Community Association's business;
provided, however,the Community Board may cause a member of the Community Board to be reimbursed
for expenses incu�rredl in carrying on the business of the Community Association.
(d) Limit on Third Person Contracts. The Community Association shall not
enter into a contract with a third person wherein the third person will furnish goods or services for the
Community Association Property or the Community Association Maintenance Areas,for a term longer than
one (11)year with the following exceptions
0) management contract,the terms of which have been approved by
the Federal Housing Administration or Veterans Administration;
(ii) a contract with a public utility company if the rates charged for the
materials or services are regulated Iby the Public Utilities, Commission; provided, however, that the term of
the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate;
(iiia) an agreement for cable television services and equipment or
satelllite television services or equipment not to exceed five (5) years duration, provided that the supplier is
not an entity in which Declarant has a direct or indirect ownership interest of ten percent(10%) or more;
(iv) an agreement for the sale or lease of burglar alarm andl fire alarm
equipment, installation and services not to exceed five (5) years duration, provided that the supplier is not
an entity in which Declarant has a direct or indirect ownership interest of ten percent(10%) or more;
N) a prepaid casualty and/or liability insurance policy not to exceed
three (3)years duration; provided that the policy permits,for short-rate cancellation by the insured;
(vii) a contract for a term not to exceed three (3) years, that lis
terminable by the Community Association after no longer than one (1)year without cause, penalty or other
obligations upon ninety (90)days written notice of termination to the other party;
(vii) a contract which has been submitted to the DRE in connection
with an appilication for a Public Report or for any other purpose;
(viii) any agreement required to be entered into under the Community
Entitlements, including without limitation the City Agreements; and
(ix) any maintenance agreement for the maintenance of any portion
of the Community Association Property and the Community Association Maintenance Areas which is
required as a condition to the effectiveness of any warranty in favor of the Community Association.
3.5 Prohibited or RestOcted Activifies. Until the Declarant's, Rights Termination Date, the
Community Association is prohibited from undertaking or performing any of the following activities, or
expending or using the funds or resources of the Community Association for any of the following prohibited
activities unless approved Iby the IDeclarant.
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3.5.5 PediicaUon of Private Streets and Access By FrancKisees. Pursuant to the
requirements of the City, the Community Association slhall not dedicate any portion of the Private Streets
for public street purposes without the consent of one hundred percent of the Members and one hundred
percent of the Eligible Mortgage Holders within the Community. The Community Association shall permit
access to the Private Streets by the City of Chula Vista franchisees.
3.6 Personal Liability. No volunteer officer or volunteer director of the Community IBoard, or
of any committee of the Community Association (each a "Management Party"), shall be personally liable
to any Owner or other Person, including the Community Association, for any act or omission of any
Management Party if such Person has, on the basis of such information as was actually possessed by him
or her, acted in good faith without willful, wanton or gross misconduct when performing an act within the
scope of the Person's Community Association duties (collectively, an "Official Act"). California Civil Code
Section 5800, as drafted as of the date of recordation of this Community Declaration, does not apply to
common interest developments that are not"exclusively residential." The Community Association has the
power and duty to indemnify, defend, protect and hold harmless each Management Party for all Claims and
to satisfy any judgment or fine levied as a result of any action or threatened action brought because of an
act or omission which such Person reasonably believed was an Official Act. Management Parties are
deemed to be agents of the Community Association when they are performing Official Acts for purposes of
obtaining indemnification from the Community Association pursuant to this Section. The entitlement to
indemnification under this Community Declaration inures to the benefit of the successors,in-interest of any
Person entitled to such indemnification. The Community Association has the power,, but not the duty, to
indemnify any other person acting as an agent of the Community Association for Claims, and satisfy any
judgment or fine levied as a result of any action or threatened action because of an Official Act. The
Community Association also has the power, but not the duty, contract with any person to provide
indemnification in addition to any indemnification authorized by Applicable Laws on such terms and subject
to such condlitions as the Community Association may impose.
ARTICLE 4
MAINTENANCE RESPONSIBILITIES FOR THE COMMUNITY
This Article sets forth the Maintenance Obligations of the Community Association and the
standards for that maintenance to ensure the overall quality and aesthetic appearance of the Community.
This Article also sets forth the Maintenance Obligations of the Sub-Associations and Owners. It is important
that every Sub-Association and Owner understands the maintenance responsibilities set forth in this Article.
Maintaining the Community to the Community Standard will help to preserve and protect the value and
aesthetic appearance of the Community. The "Community Standard"may contain objective elements, such
as specific maintenance requirements, and subjective elements, such as matters subject to the discretion
of the Community Board, and elements which may or may not be set out in writing. The Declarant initially
shall establish the Community Standards and the Community Association shall enforce compliance with
the Community Standards.- however, the Community Standards will evolve as the Community develops.
4.1 Maintenance. Unless the context otherwise requires, as, used in this Article 4,
"'maintenance," vomaintainit or "'maintaining'' means the operation, inspection, maintenance, repair,
restoration and replacement of the areas and facilities designated for maintenance by the Community
Association, a Sub-Association and/or an Owner. To the extent repair,, restoration and replacement is
required as a result of damage or destruction under Article 11, then the repair and replacement shall be
governed by the provisions of Article 11.
4.2 Responsibilities of the Community Association.
4.2.1 Areas to be Maintained. The Community Association shall maintain and provide
for the maintenance of the Community Association Property, Community Association Maintenance Areas,
Offsite Maintenance Areas and any other areas specified for maintenance by the Community Association
in a Supplementary Community IDeclaratlion. The Community Association Maintenance Areas, Community
Association Property and the Offsite Maintenance Areas shall be maintained in a first class, neat, clean,
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attractive and orderly condition of maintenance and in accordance with all of the obligations set forth in the
Community Association Maintenance Manual and in accordance with the Community Standards. The
Maintenance Obligations of the Community Association shall include the Maintenance Obligations
described below.
(a) Community Association Property and Community Association
Maintenance Area. The Community Association shall maintain the Community Association Maintenance
Areas, the Community Association Property and the Offsite Maintenance Areas and all Improvements
located therein. Such maintenance shall include, without limitation, the specific Maintenance Obligations
set forth in Sectl o n s 4.2.11(b)through 4.2.1(m) be I ow.
(b) Private Streets. The Community Association shall maintain, repair,
ir,
reseal, resurface and replace all Private Streets owned by the Community Association or over which the
Community Association has an easement for maintenance.
(c) Storm Water Management Facilities. The Community Association shall
maintain all Storm Water Management Facilities in accordance with all governmental requ�irements,
including without Ilimitatioin the IBMP Facilities in conformance with all of the requirements of the Regional
Water Quality Board and the requirements set forth in the Storm Water Management Facilities,Maintenance
Agreement and the Education and Enforcement Program. The Community Association shall be responsible
for payment of any fines levied by the Regional Water Quality Board or the City as a result of the failure to
perform such Maintenance Obligations.
(d) Neighborhood City Parks. The Community Association shall maintain
the Neighborhood City Parks in accordance with all City requirements and the Park Agreement(s)
applicable to such Neighborhood City Parks including,without llim�itation,the obligations set forth in Section
3.3.13 above.
(e) Wetland) Areas. The Community Association shall ensure the Wetland
Aras are not dlisturbed and shall maintain the Wetland Areas in accordance with any applicable
requirements of any Governmental Agencies.
(f) Landscape Areas. The Community Association shall maintain all
landscaped areas within the Community Association Property, Community Association Maintenance Areas
and Offsite Maintenance Areas (including fertilizing and irrigating as necessary) in a healthy and thriving
condition, free from weeds, trash and debris, and shall replace injured and diseased trees and other
vegetation within the Community Association Maintenance Areas, Community Association Property and
Offsite Maintenance Areas and plant trees, shrubs and ground cover as the Community Association deems
necessary to comply with the Fire Protection Plan, Sectional Planning Area Plan and the Community
Standards and in conformance with the requirements set forth in Section 4.2.4.
(g) Irrigation. The Community Association shall maintain all irrigation
systems serving the Community Association Property, Community Association Maintenance Areas and the
Offsite Maintenance Areas.
(h) Pathways. The Community Association shall maintain any pathways and
trails, including without limitation, the Community Trail System in an even and level condition free of
obstructions.
0) Litter and IDebris. The Community Association shall pick up litter and
debris on the Community Association Property, Community Association Maintenance Areas and the Offsite
Maintenance Areas.
0) Dust,and Sediment Control. The Community Association shall perform
all dust, erosion and sediment control within the Community Association Maintenance Areas, Community
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Association Property and Offsite Maintenance Areas including maintenance of bioswales as necessary and
as may be directed by the City and using materials as may be approved by the City, including
implementation and performance of all water pollution prevention measures as required by and all storm
water pollution prevention plans and water quality management plans applicable to the Community
Association Maintenance Areas, Community Association Property and Offsite Maintenance Areas.
(k) Removal of Graffitil. The Community Association shall promptly remove
graffiti from any Improvements within the Community Association Property, Community Association
Maintenance Areas and the Offsite Maintenance Areas and restore the surface of the Improvements,to its
condition prior to the application of the graffiti.
(1) Painting. The Community Association shall paint and otherwise maintain
all surfaces, fences, walls and equipment within the Community Association Maintenance Areas,
Community Association Property and Offsite Maintenance Areas as necessary to comply with the
Community Standard.
(m) Siginag�e. The Community Association shall maintain any way findling
signage located within the Community Association Property.
(n) Walls and Fences. The Community Association shall maintain the
Community Walls, as,specified in any Supplementary Community Declaration.
(0) Other Maintenance Obligations. The Community Association shall
perform all such other and further acts which the Community Board deems necessary to preserve and
protect the Community Association Maintenance Areas, Community Association Property, Offsite
Maintenance Areas and the appearance thereof, in accordance with the general purposes specified in this
Community Declaration and the Community Governing Documents.
The Community Board shall be the sole judge as to the appropriate level of maintenance of all
Community Association Property and Community Association Maintenance Areas and other properties
maintained by the Community Association. The Declarant, and after the Declarant's Rights Termination
Date, the Community Association, shall have the sole right to allocate maintenance responsibilities over
portions of the Community Association Maintenance Areas or Community Association Property to (a) a
Sub-Association or other Owners if the Community Board makes a determination based on the Community
Board's business judgment as,to what is in the best interests of the Community, consliderlingi cost, uniformity
or harmony of appearance,, location and other factors deemed relevant by the Community Board, and/or
(b) establish a Special Benefit Area for providing maintenance services to such Owners as, provided in this
Community Declaration. Such allocation of maintenance responsibilities imay, but shall not be irequired to
be designated in a Supplementary Community Declaration. The Community Association may contract with
others for the performance of the maintenance and other obligations of the Community Association under
this Article 4.
4.2.2 BMP Basins. The Community Association shall maintain the Storm Water
Management Facilities in conformance with all of the requirements of the Regional Water Quality Board
and the requirements, set forth in the Storm Water Management Agreement and the Education and
Enforcement Program. The Community Association shall be responsible for any fines levied by the
Regional Water Quality Board or the City or other Governmental Agencies as a result of the failure to
perform such Maintenance Obligations.
4.2.3 Pest IMananiernent Practices. The Community Association shall comply with all
best management practices established by any Governmental Agencies, the National Pollutant Discharge
Elimination System requirements adopted pursuant to the Federal Clean Water Act, the Storm Water
Management Agreement and any other requirements of Governmental Agencies as they apply to the
Covered Property. The costs of such maintenance, if any, shall be treated as Common Expenses.
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4.2.4 'Tree Maintenance. The Community Association shall only plant trees or replace
existing plants, trees and other plant materials and other plant materials with growth characteristics that do
not have the potential to create root, branch or other intrusion problems. The Community Association shall
retain the services of a landscape company which will agree to trim, prune, cut, remove, (lace, thin and
maintain the landscaping and trees within the Community Association Property, Offsite Maintenance Areas
and Community Association Maintenance Areas, in accordance with all City requirements and so as to
address damage caused by the roots of trees. As to the maintenance of landscaping and trees within the
City right-of-way that is required to be maintained Iby the Community Association, such landscape
maintenance shalll be performed by a certified and bonded landscape company (including a certified
arborist). In order to prevent damage, the Community Board shall requ�ire that the landscape company
review all trees and landscaping annually or such other period of time as deemed reasonable by the
Community Board, and advise the Community Board of the need to take immediate action with regarding
to landscaping and/or trees if necessary to prevent damage caused by the roots of trees and//or other
potential damage caused by the trees and/or other potential damage which may be caused by other types
of landscaping.
4.2.5 Lig ftingl. The Community Association shall maintain all lighting and equipment
fixtures located within the Community Association Property, Community Association Maintenance Areas
and any other lighting facilities designated for maintenance by the Community Association in a
Supplementary Community Declaration.
4.2.6 fire Protection Plan. The Community Association shall comply with all
maintenance requirements set forth in the Fire Protection Plan for any Community Association maintained
Fuel Modification Areas.
4.3 Commencement of Maintenance Responsibilities. Unless otherwise stated in an
agreement with the Community Association and Declarant, or as otherwise specified in a Supplementary
Community Declaration, the Community Association will be obligated to maintain the Community
Association Maintenance Areas, Community Association Property and/or Offsite Maintenance Areas upon
commencement of Assessments in the Phase in which such Community Association Property, Community
Association Maintenance Areas and/or Offsite Maintenance Areas, are included in the Annual Operating
Budget. Notwithstanding the foregoing, the contractors or subcontractors of Declarant or Guest Builders
may be contractually obligated to maintain the Improvements within the Community Association Property,
Community Association Maintenance Areas, and/or Offsite Maintenance Areas pursuant to warranties or
other existing contractual obligations of Declarant or Guest Builders, in which case Declarant or Guest
Builders shall have the right to perform such maintenance. The Community Association shall not interfere
with the performance of such warranty or other contractual maintenance obligations. Maintenance
performed by such contractors or subcontractors of Declarant or Guest Builders shall not serve to postpone
the commencement of Common Expenses pursuant to this Community Declaration, nor entitle a Sub-
Association or any Owner to claim any offset or reduction in the amount of such Regular Assessments.
4.4 Maintenance by Sulo-Association. Each Sub-Association shall maintain those areas
designated for maintenance in a Supplementary Community Declaration or Sub-Association Governing
Documents, including without limitation, any real property owned by the Sub-Association unless otherwise
designated in a Supplementary Community Declaration. All such maintenance shall Ibe performed in a first
class appearance and condition at all times in conformance with (a) the Community Standards, (b)any
Maintenance Manual which may have been provided by Declarant or a Guest Builder, (c) the requirements
set forth in the Community Governing Documents and the respective Sub-Association Governing
Documents, (d)the Community Entitlements, and (e) all Applicable Laws.
4.5 Maintenance by Owneirs.
4.5.1 Maintenance of Improvements. Each Owner shall imaintaiin any Residence or
other Building or Improvements visible on the exterior from any portion of the Community owned by such
Owner or required to Ibe maintained by such Owner under any Sub-Association Gove�rnli�ngl Documents or
any Supplementary Community Declarations in first class appearance and condition at all times in
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conformance with (a)the Community Standards, (b) any Maintenance Manual which may have been
provided by Declarant or a Guest Builder, (c) the requirements set forth in the Community Governing
Documents, (d)the Community Entitlements and (e) all Applicable Laws. INo Owner shall interfere with or
impede Declarant, a Guest Builder or the Community Association in connection with the maintenance of
the Community Association Maintenance Areas, the Community Association Property and/or the Offsite
Maintenance Areas.
4.5.2 Damage by Owners. Each Sub-Association and Owner shall be liable for damage
they cause or their Permitted Users cause to the Community Association Maintenance Areas, the
Community Association Property and/or the Offsite Maintenance Areas as, provided in this Community
Declaration.
4.5.3 fuel Modification Areas. Each Owner shall maintain any Fuel Modification Area
located on such Owner's Separate Interest in accordance with the requirements set forth in the Fire
Protection Plan. The City of Chula Vista Fire Department and Publlic Works Department shall have free
and full access to monitor and enforce all requirements set forth in the Fire Protection Plan and the Sectional
Planiningi Area Plan. In no event shall any gate installed within an Owner's Separate Interest(to the extent
permitted to Ibe installed hereunder) prevent access by the City of Chula Vista Fire Department or Public
Works Department.
4.5.4 Fencing and Wallis. Each Owner shall maintain, in a good condition of
maintenance and repair, the fencing and walls bordering an Owner's Separate Interest, unless designated
as a Community Wall for maintenance by the Community Association or a Sub-Association in a
Supplementary Community Declaration. Each such Owner shall also replace, as may be necessary, such
fences and walls, with fences and walls approved in accordance with Article 8. Such maintenance shall
include, without limitation, the prompt removal of all graffiti from walls or fences. Any glass u�sedl as a
component of fencing which is damaged shall be repaired or replaced at the Owner's expense in a timely
manner. For any fences or walls which separate two (2) Separate Interests, such maintenance shall be
performed by the two (2) neighboring Owners in accordance with California Civil Code section 841. The
Owner of each affected portion of the Covered Property upon which a party wall or fence is located shall
have a reciprocal non-exclusive easement over the Covered Property immediately adjacent to the interior
fence for the limited purpose of maintaining the party wall or fence.
4.5.5 Landscape Areas. Each Owner shall maintain all landscaping for which the
Owner is responsible to maintain lien a healthy and thriving condition,free from weeds, trash and debris and
shall replace injured and diseased trees and other vegetation. Such maintenance shall comply with the
Fire Protection Plan, Sectional Planning Area Plan (in particular, Section 4.7 (Landscape Design
Guidelines), the Community Standards and all Applicable Laws, including but not limited to City of Chula
Vista Municipal Code 20.12 (Landscape Water Conservation) or its successor statute.
4.6 Non-Compliance With Maintenance Obligations and Rights of Communiit
Association. If a Sub-Association or any Owner (including a Guest Builder) ("Non-Malntaiinlngi Party'l')
fails to perform its Maintenance Obligations as required under this Community Declaration or the
Community Governing Documents, the Community Association, in addition to any other rights under this
Community Declaration, shall have the right to cure such failure and the provisions set forth below shall
apply.
4.6.1 Maintenance Deficiencies. Upon a finding by the Community Association of a
deficiency by a Non-Maintaining Party in its Maintenance Obligations, the Community Association may
provide to the Non-Maintaining Party a written notice (the "'Notice of Deficiency"), which shall briefly
specify the conditions which the Community Association finds to be deficient, and request that such
deficiency be cured within a specified reasonable period of time. If the Community Association determines
that such deficiency continues to exist at the end of the period of time specified in the Notice of Deficiency,
the Community Association imay, at its option, either: (a) enter on and accomplish the maintenance of such
portion of the Covered Property that continues to be deficient; (b) contract with another party to accomplish
such maintenance; or (c) seek any other remedy available at law or in equity including, without limitation,
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specific performance or an injunction to enforce the Non-Maintaining Party's Maintenance Obligations
provided herein. Any of the foregoing remedies may be employed at the option of the Community
Association, and the failure to employ any of such remedies upon any occurrence giving rise to such
remedies shall not be a waiver of the right to employ such remedies in connection with any other
occurrence.
4.6.2 Emergency Maintenance. If the Community Association determines that such
deficiency constitutes an Emergency which requires action prior to the expiration of any cure period, the
Community Association may take the actions provided for in this Section without a Notice of Deficiency
being given in advance of taking such action, provided that as soon as reasonably practicable after taking
the Emergency action the Community Association gives a Notice of Deficiency (without providing a cure
period)to the Non-Maintaining Party.
4.6.3 Reimbursement of Commu�nitv Association. If the Community Association
elects to perform a Nlon-Maintaining Party's,Maintenance Obligations,whether by use of its own employees,
and equipment or by contract with a third party,the entire cost of accomplishing such maintenance shall be
an obligation of the applicable Non-Maintaining Party and shall be reimbursed by the Non-Maintaining Party
to the Community Association with interest at the Applicable Rate within fifteen (115) days after receipt of a
statement therefor. If such amounts are not reimbursed when due, the Community Association may levy a
Compliance Assessment.
4.7 Dluty to Protect Against Mechanics' Liens. In performing its obligations for maintenance
as provided in this Community Declaration, the Community Association, each Sub-Association and each
Owner (for the purposes of this Section 4.,7', the "Contractling Party,11 as appilicable) shall each promptly
pay all costs, expenses, liabilities and liens arising out of or in any way connected) with contracts for any
service, labor or materials provided or supplied to the Covered Property or the construction of any
Improvements authorized or undertaken by the Contracting Party. A Contracting Party shall not cause or
permit any mechanic's lien to be filed against the Covered Property for labor or materials allleged to have
been furnished or delivered to the Covered Property or any Annexable Property by the Contracting Party.
If any Contracting Party causes a lien to be filed,such Contracting Party shall: (a) immediately either cause
the lien to be discharged within ten(110) days after notice to such responsible party by the Contracting Party,
or post a bond which protects the title of the affected Contracting Party to their property; (b) indemnify,
protect,, defend and hold harmless the other Contracting Party, as applicable, from any Claims by reason
of any lien which may be filed against the Covered Property or the other Contracting Party,,such Contracting
Party's property for such work or services performed or materials supplied by any architect, engiineer or
contractor with whom the Contracting Party has contracted or any other person acting directly or indirectly
by, through or under such architect, engineer or contractor supplying services, labor, materials or
equipment; and (c) pay all expenses incurred in connection therewith, including, without limitation,
reasonable attorneys' fees and costs of defending against the foregoing claims by a Sub-Association, the
Community Association or other Owner and any costs of enforcing this indemnity prior to the defense
thereof by the Contracting Party.
4. linepection of the Community Association Property, Community Association
Maintenance Areas and offsite Maintenance Areas. The Community Association shall regularly inspect
the Community Association Maintenance Areas, Community Association Property and Offsite Maintenance
Areas, including, without limitation,, the landscaping, drainage and irrigation systems and shall comply with
the requirements of the Community Association Maintenance Manual. The Community Association shall
employ the services of such Persons as are deemed necessary by the Community Board to assist the
Community Association in performing its duties hereunder and follow any recommendations contained in
the Community Association Maintenance Manual. The Community Board may, from time to time, make
appropriate revisions to the Community Association Maintenance Manual, if any, based upon the
Community Board's review of the Community Association Maintenance Manual,to update such Community
Association Maintenance Manual to provide for maintenance acco�rdingl to current industry practices so long
as such changes do not reduce the useful life or functionality of the items beli�ngl maintained or reduce the
standard below the Community Standard. If requested by the Declarant, any such inspection reports shall
be provided to the IDeclarant promptly following completion. If requested Iby Declarant, Declarant shall be
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invited to attend any such inspections. The written reports shall identify any items of maintenance or repair
which either requ�ire current action by the Community Association or will need further review and analysis.,
The Community Association shall promptly cause all matters identified as requiring attention to be
maintained, repaired, or otherwise pursued in accordance with prudent business practices and the
recommendations of the inspectors and shall keep a record of all such matters in the Community
Association's minutes.
4.8.1 Indemnification of Cify. The Community Association shall indemnify and hold
the City and its agents, officers and employees harmless from any claims related to or arising from the
maintenance activities of the Community Association and from any private ivate sewer spillage within the
Community, except to the extent caused by the gross neglligence or willful misconduct of the City.
4.8.2,1 Release by C . The Community Association shall not seek to be released by
the City from the Maintenance Oblligations of the Community Association described in this Community
Declaration without the unanimous vote of all Members and allll First Mortgagees, except that the unanimous
vote of all Members,and all First Mortglagees shall not be required ired for any release of any oblligations under
any City Agreements, so long as the approval of the City has been obtained.
ARTICLE 5
MEMBERSHIP IN THE COMMUNITY ASSOCIATION AND VOTING RIGHTS
This Article describes the membership of the Community Association. Additional provisions
regarding the procedures for elections to and meetings of the Community Board are set forth in the
Community Bylaws.
5.1 Member Each Owner of a Separate Interest which is subject to Community
Assessments, including without limitation Declarant and Guest Builders, shall be a Member of the
Community Association. Ownership of a Separate Interest shall be the sole qualification for membership
in the Community Association. Each Owner shall remain a Member of the Community Association until
such Owner's ownership in a Separate Interest ceases, at which time such Owner's membership in the
Community Association shall automatically cease. Any reference in this Community Declaration to a vote
of the Members, shall refer only to those Members against whose Separate Interest Community
Assessments have commenced, unless otherwise specified in the Community Governing Documents.
5.2 Classes of Voting Membership.
5.2.1 Class A IMembers . Initially, the Class A Members shall be all Owners other
than Declarant and the Guest Builders. Each Owner shall have one (1) vote for each Separate
Interest owned by such Owner for which Regular Assessments have commenced. The Declarant and the
Guest Builders shall not be Class A Members,, for so long as there exists a Class B imeimbership.
5.2.2 'Class B Members . The Class B Member shall be the Guest Builder and
Declarant who shall be entitled to three (3) votes for each Separate Interest owned by Declarant or Guest
Builder, as applicable,, in the Covered Property for which Regular Assessments have commenced. The
Class B membership shall cease and be converted to Class,A membership on the happening of any of the
followings events, whichever occurs earliest:
(a) When a total of seventy-five percent (75%) of the Separate Interests
approved for development by the City within the Property and the Annexable Property have been conveyed
to First Purchasers;
(b) On the fifth (51h) anniversary following the most recent conveyance of a
Separate Interest to a First Purchaser; or
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(c) On'the twenty-fifth (25th,)anniversary of the first conveyance of a Separate
Interest to a First Purchaser.
5.2.3 Class C Mernbgs The Class C Member shall be Declarant (whether or not
Declarant is an Owner). The Class C membership shall not be considered a part of the Voting Power of
the Community Association and Declarant shall not be entitled to exercise any Class C votes except for the
purpose of eIlectingi a majority of the members of the Community Board in accordance with the provisions
set forth below. The Class C Member shall be entitled to solely appoint a majority of the members of the
Community Board until the date which is the earlier to occur of:
(a) When a total of seventy-five percent (75%) of the Separate Interests
approved for development by the City within the Property andl the Annexable Property have been conveyed
to First Purchasers-,
(b) On the fifth (51h) anniversary following the most recent conveyance of a
Separate Interest to a First Purchaser; or
(c) On the twenty-fifth (25th) anniversary of the first conveyance of the first
Separate Interest to a First Purchaser.
5.2.4 Special Beneflit Area Approvals. Notwithstanding any other provisions of the
Community Governing Documents, any action expressly for the benefit of or imposing an obligation only
upon a Special Benefit Area, which requires a vote of the Members, shall require only the approval of the
prescribed percentage of Voting Power within the Special Benefit Area.
5.3 Members of Community Board. The members, of the Community Board shall be
appointed or elected as provided in the Community Bylaws.
5.4 Membership Interests. The membership interests of an Owner shall be appurtenant to
the Separate Interest owned by such Owner.
5.5 Delegate Districts. The Community will be divided into Delegate Districts for voting
purposes, and each Owner's vote will be cast through the Delegate appointed to such Owner's Delegate
District as more particularly described in the Community Bylaws.
5.6 Com�rnencernent of Voting Rights. A Member's right to vote or cast votes on behalf of
an Owner, including Declarant, shall not vest until Community Assessments have been levied upon such
Owner's, Separate Interest as provided in this Community Declaration (except for Declarant's voting rights
under Sections 5.2.2 and 5.2.3 above). All voting rights shall be subject to the restrictions, and limitations
provided for in the Community Governing Documents.
5.7 Declarant's Rights to select Director. In any election of the Community Board, so long
as Declarant or a Declarant Party or a Guest Builder owns any of the Covered Property or the Annexable,
Property, the Community Board shall adopt special procedures to ensure that at least one (1) director on
the Community Board is selected by Declarant. A representative to the Community Board selected by
Declarant pursuant to the provisions of this Section imay be removed prior to the expiration of his or her
term of office only with the Ipirioir consent of Declarant.
5.8 Continuing Aparovall of Decla�rant. Notwithstanding the foregoing, and without limiting
Declarant's rights provided elsewhere in this Community Declaration or the Community Bylaws, until the
Declarant's Rights Termination Date, or such longer period as may Ibe provided in Article 9, the approval
of Declarant shall Ibe required before the Community Association may take any action through the
Community Board or the Members, with respect to the following:
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5.8.1 Maintenance. Reduction in the level of, or change in allocation of responsibility
for (a) maintenance of and repairs to all or part of the Community Association Maintenance Areas,
Community Association Property and Offsite Maintenance Areas, and (b) any other Maintenance
Obligations of the Community Association set forth in the Community Governing Documents,;
5.8.2 Conveyance. Conveyance by the Community Association of all or any part of the
Community Association Property and Offsite Maintenance Areas and/or conveyance of easements on,
over, through and across the Community Association Property;
5.8.3 A�nnexlatlon. Annexation of any real property other than the Annexable Property;
5.8.4 Commulnitv Assessments. Alteration in the method of fixing and collecting
Community Assessments or any increase in Community Assessments beyond the amounts,permitted under
section 6.10 of this Community Declaration;
5.8.5 Community Design Review Committee. Modification of the enforcement and
review procedures of the Community Design Review Committee or any change in the Community Design
Guidelines or any decision to terminate the Community Design Review Committee;
5.8.6 Diesic
tn Chagges. Any change in the general overall architectural style and design
of the Community Association Property, Community Association Maintenance Areas and/or the Building
Exteriors;
5.8.7 Lifesty1e, Programs. Any changes to the Lifestyle Programs as contemplated in
the Annual operating Budget-
7
5.8.8 special IBenefit Areas. The creation or elimination of Special Benefit Areas;
5.8.9 Community Rules or Commu�nitv Association Maintenance Manual. Any
changes to the Community Rules or Community Association Maintenance Manu�al or Community
Standards;
5.8-10 Modifications to Communiit Association Maintenance Areas, offsite
Maintenance Areas oir Community Association Prov pert . Modifications to Improvements in the
Community Association Maintenance Areas, Offsite Maintenance Areas or Community Association
Property which materially change the appearance or lower the standard for maintenance;
5.8.11 Peclarant's and Guest Builder's Easement Rights. Reduction or modification
of any easement rights reserved to Declarant and Guest Builders under this Community Declaration;
5.8.12 Enforce�me�nt of Communfty Declaration. Alteration in the method of enforcing
the provisions of this Community Declaration;
5.8-13 'Changes or Reductions in Services to the Commu Any material changes
to or reductions in the services of the Community Association as set forth in this Community Declaration,
and
5.8.14 Amendmeints. Amendments to this Community Declaration or the other
Community Governing Documents which would diminish or otherwise affect Declarant's rights of approval
regarding the actions enumerated above or any other rights or approvals granted or reserved to Declarant
or a Guest Builder.
5.9 DiissOuUon of the C=munfty Association. If the Community Association as a
corporate entity is dissolved, a non-profit unincorporated association shall, without further action or notice,
be formed to succeed to all of the rights and duties of the Community Association. The affairs of such
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unincorporated association shall be governed by the Community Bylaws and this, Community Declaration
as if they were created for the purpose of governing the affairs of an unincorporatedl association.
5.10 Mergers or Consolidations. Upon a merger or consolidation of the Community
Association with another association, the Community Association's, properties, rights and obligations may,
by operation of law, Ibe transferred to the surviving or consolidated association, or, alternatively, the
properties, right and obligations of another association may, by operation of law, be added to the properties,
rights and obligations of the Community Association as a surviving corporation pursuant to a merger. The
surviving or consolidated association may administer the covenants,conditions and restrictions established
by this Community Declaration within the Covered Property, together with the covenants and restrictions
established upon any other property as one plan.
5.1111 Na Amendment. Notwithstanding anything to the contrary in this Community Declaration,
this Article 5 may not be amended without Declarant's prior written consent, until the Diecllarant's Rights
Termination Date.
ARTICLE 6
COMMUNITY ASSESSMENTS
The Community Association will levy and collect various types of Community Assessments to
provide it with, the funds it needs to perform its duties and obligations under this Community Declaration
and the Community Governing Documents and for such other purposes as provided in this Article., This
Article describes the Community Assessments which can be levied by the Community Association, the
procedures for collection of such Community Assessments, and the rights and remedies if such Community
Assessments are not paid when due.
6.11 Creation of Lien and Personal Obllig�ation for Comm�unity Assessments. Declarant
and each Guest Buildler hereby covenant, and each Owner of a Separate Interest by acceptance of a deed
therefor, whether or not it shalll be so expressed in such dleed, is deemed to covenant and agree to pay to
the Community Association all Community Assessments Ileved pursuant to, the provisions of this
Community Declaration. All Community Assessments levied hereunder,, together with Additional Charges,
shall be a charge on the land and shall be a continuing lien upon the Separate Interest of such Owner
against which each such Assessment is made, the lien to be effective upon recordation of a notice of
delinquent Community Assessments. Each such Community Assessment, together with Additional
Charges, shall also be the personal obligation of the Person who was the Owner of such Separate Interest
at the time when the Assessment fell due and shall bind its heirs, devisees, personal representatives and
assigns. Unlike the lien for non-delinquent Community Assessments,the personal obligation for delinquent
Community Assessments shall not pass to successive Owners, unless expressly assumed by such
successive Owner. No such assumption of personal liability by a successor Owner shall relieve any Owner
against whose Separate Interest, the lien was levied from personal liability for delinquent Community
Assessments. If more than one Person is the Owner of a Separate Interest, the personal obligation to pay
such Community Assessment or installment with respect to such Separate Interest shall be both joint and
several.
6.2 Funds Held in Trust. The Community Assessments collected by the Community
Association shall be held by the Community Association for and on behalf of each Owner and shall be used
solely for the operation,care and maintenance of the Community. Upon the sale or transfer of any Separate
Interest, the Owner's interest in the funds shall be deemed automatically transferred to the successor in
interest of such Owner. A general operating fund shall be established for current expenses of the
Community Association.
6.3 Purpose of CommunityAssessments. The Community Assessments levied by the
Community Association shall be used exclusively to perform the obligations and duties of the Community
Association, including,, without limitation, the improvement and maintenance of the Community Association
Property and Community Association Maintenance Areas and Offsite Maintenance Areas and for any other
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maintenance responsibilities of the Community Association, events and activities programming including
without limitation costs and expenses associated with the Lifestyle Programs, and to reimburse the
Community Association for the costs incurred in bringing an Owner into compliance with the Community
Governing Documents. If the Community Association decides to use or transfer reserve funds to pay for
litigation, the Community Association must provide general notice to its Members of the decision in
accordance with California Civil Code Sections 4045 and 5520. Such notice shall provide an explanation
of why the litigation is, being initiated or defended, why operating funds cannot be used, how and when the
reserve funds will be replaced, and a proposed Ibudgiet for the litigation. The notice must state that the
Members have a right to review an accounting for the litigation as provided in California Civil Code
Section 5520 which will be available at the Community Association's office. The accounting shall be
updated monthly.
6.4 Regular Assessments.
6.4.1 Payment of Regular Assessments. The Community Assessments for Common
Expenses for each Fiscal Year shall be established when the Community Association approves the Annual
Operating Budget for that Fiscal Year, which Annual Operating Budget shall be prepared in accordance
with the provisions of the Community Governing Documents. Regular Assessments for Common Expenses
("'Regular Assessments") shall be levied on a Fiscal Year basis. Unless otherwise specified by the
Community Board, Regular Assessments shall be due and payable in monthly installments on the first day
of each month during the term of this Community Declaration. Declarant's obligation for such Regular
Assessments may be reduced in accordance with the terms of any maintenance or subsidy agreement
executed by Declarant and the Community Association.
6.4.2 Budgeting. Each Fiscal Year the Community Association shall prepare, approve
and make available to each Member an Annual Operating Budget as described in the Community Bylaws
not less than thirty (30) days nor more than ninety (90) days prior to the beginning of the Fiscal Year or as
otherwise required by Applicable Laws.
6.4.3 RestricUons for Tax Exemtilon. As long as the Community Association seeks
to qualify and Ibe considered as an organization exempt from federal and state income taxes pursuant to
Internal Revenue Code Section 528 and California Revenue and Taxation Code Section 23701t and any
amendments thereto, then the Community Board shall prepare lits Annual Operating Budget and otherwise
conduct the business of the Community Association in such a manner consistent with federal and state
requirements to qualify for such status.
6.4.4 'Reallocation of Communit Assessments. After conveyance of the first
Separate Interest in a Phase to a First Purchaser, the Community Assessments shall be reallocated among
all Separate Interests as to which the payment of Community Association has commenced.
6.4.5 Non Waiver of Community Assessments. If the Community Association fails to
fix Regular Assessments for the next Fiscal Year before the expiration of the then-current Fiscal Year, the
Regular Assessment established for the preceding Fiscal Year shall continue until a new Regular
Assessment is fixed.
6.5 Supp1ernentM Community Assessments. If the Community Board determines that the
Community Association's essential functions may Ibe properly funded by a Regular Assessment in an
amount less than the maximum authorized Regular Assessment described above, it may levy such lesser
Regular Assessment. If the Community Board determines that the estimate of total charges,for the current
Fiscal Year is or will become inadequate to meet all Common Expenses, it shall determine the approximate
amount of the inadequacy. Subject to the limitations described in Section 6.1 0, the Community Board may
levy a supplemental Regular Assessment reflecting a revision of the total charges to be assessed against
each Separate Interest.
6.6 Speciall Assessments. If the Community Association determines at any time that the
estimated total amount of funds necessary to fund the Common Expenses of the Community Association
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for a given Fiscal Year is or will Ibecome inadequate to meet expenses for any reason, iincluding, without
limitation, unanticipatedl delinquencies, costs of construction, unexpected repairs or replacements of capital
Improvements on, damage and destruction or condemnation of the Community Association Property,
Community Association Maintenance Areas or Offsite Maintenance Areas or any other areas which the
Community Association is obligated to maintain, the Community Board shall determine the approximate
amount necessary to defray such expenses, and may levy a special assessment("Special Assessment").
Special Assessments shall be subject to the limitations set forth in Section 6.10; provided, however, that
such limitation shall not apply to Special Assessments levied by the Community Board to replenish the
Community Association's reserve account as provided in the Article of the Community Bylaws entitled
""Community Association's Accounts." The Community Board may, in its discretion, prorate such Special
Assessment over the remaining months of the Fiscal Year or levy the Assessment immediately against
each Separate Interest as to which Community Assessments have commenced., The Community
Association must comply with California Civil Code Section 56101.
6.7 Capital Improvement Assessment. In addition to any other Community Assessments
provided for hereunder, the Community Association may levy a capital improvement assessment for the
purpose of defraying, in whole or in part, the cost of any construction or replacement of a capital
improvement("CapftM Improvement Assessment"). Capital Improvement Assessments shall be due and
payable by all Owners in such installments and during such period or periods as, the Community Board
shall designate. Capital Improvement Assessments shall Ibe subject to, the limitations set forth in
Section 6.10.
6.8 Compliance Assessments. The Community Association may levy an assessment
("Compliance Assessment") against any Owner for bringling the Owner or the Owner's Separate Interest
into compliance with the provisions of the Community Governing Documents and/or any other charge
designated a Compliance Assessment in the Community Governing Documents, together with any
Additional Charges. The Community Association shall have the authority to adopt a reasonable schedule
of Compliance Assessments for any violation of the Community Governing Documents,. If, after INotice and
Hea�ringl which satisfies California Corporations Code Section 7341 and California Civil Code Section 5855,
the Owner fails, to cure or continues such violation, the Community Association may impose an additional
fine each time the violation is repeated and may assess such Owner and enforce the Compliance
Assessment as herein provided and as provided lin the Community Governing Documents for nonpayment
of an Assessment. A hearing committee may be established by the Community Association to administer
the foregoing. Notwithstanding any other Ipirovisiion in this Community Declaration to the contrary, except
as provided in Section 6.1 5, Compliance Assessments are Community Assessments but they may not
become a lien against the Owner's Separate Interest that is enforceable by a power of sale under California
Civil Code Sections 2924, 2924b and 2924c. This restriction on enforcement is not applicable to late
payment charges for delinquent Community Assessments or charges imposed to reimburse the Community
Association for loss of interest or for collection costs, including reasonable attorneys' fees, for delinquent
Community Assessments.
6.9 Spe&iall Benefit Area Assessments. Special Benefit Area Assessments shall be collected
from those Owners in each Special Benefit Area in the same manner as Regular Assessments. If, lin addition
to the Special Benefit Areas formed by Declarant, the Community Association forms any additional Special
Benefit Areas, the Community Association shall obtain a vote of a majority of the Owners of the Separate
Interests benefited by and to be included in the proposed Special Benefit Area. Upon obtaining the
necessary approvals, the Special Benefit Area shall be described in a Supplementary Community
Declaration recorded by the Community Association. If'Declarant or a Guest Builder owns any portion of
the Covered Property or the Annexable Property, the Community Association shall be required to obtain
the consent of Declarant prior to forming an additional Special Benefit Area. Nothing contained herein shall
give the Community Association or any Owner any rights to approve Special Benefit Areas established by
Declarant upon the recordation of this Community Declaration or the recordation of a Supplementary
Community Declaration.
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6.10 Changes to Community Assessments.
6.10.111111 Limitation on Community Assessments. From andl after January 1st of the
Fiscal Year immediately following the conveyance of the first Separate Interest to a First Purchaser, the
maximum annual Regular Assessment may not, except in the case of an Emergency, be increased by an
amount greater than twenty percent(20%) of the Regular Assessments for the preceding Fiscal Year, and
Special Assessments and Capital Improvement Assessments shall not be imposed that in the aggregate
exceed five percent (5%) of the budgeted gross expenses of the Community Association for that Fiscal
Year, without the consent of the Members, constitutingi a quorum and casting a majority of the votes at a
meetingl or election of the Community Association conducted in accordance with the provisions of:
(a) California Civil Code Section 5100, et seq. and the rules, adopted by the Community Board pursuant
thereto; and (b) California Corporations Code Sections 7510, et seq., and 7613. The Community Board
may not increase the Regular Assessments for any Fiscal Year unless it has complied with California Civil
Code Section 5605. For the purpose of this Section, a quorum shall mean more than fifty percent(50%)of
the Members of the Community Association, pursuant to California Civil Code Section 4070, and an
Emergency shall mean any one of the folllowing�:
(a) An extraordinary expense required by an order of a court;
(b) An extraordinary expense necessary to repair or maintain the Community
Association Property, Community Association Maintenance Areas, or Offsite Maintenance Areas or other
portions of the Community that the Community Association is obligated to maintain where a threat to
personal safety is,discovered; or
(C) An extraordinary expense necessary to repair or maintain the Community
Association Property, Community Association Maintenance Areas, and/or Offsite Maintenance Areas or
other portion of the Community that the Community Association is oblligated to maintain that could not have
been reasonably foreseen by the Community Board in preparing and distributing the Annuall Operating
Budget required under this Community Declaration and the Community Bylaws and California Civil Code
Section 5300.,
6.110.2 Callcu1atlion of Percentaqe Increase in Reqular Assessments. For the purpose
of calculating whether an increase to Regular Assessments exceeds twenty percent (20%),, the term
"Regular Assessments" shall be deemed to include the amount assessed against each Separate Interest
as a Regular Assessment plus any amount paid by Declarant as a subsidy pursuant to any subsidy
agreements, to the extent such subsidy payments offset any amount which would otherwise Ibe paid by
Owners as Regular Assessments. Any increases authorized under this Section shall not be imposed unless
the Community Board has complied with the budgetary requirements set forth in the Article of the
Community Bylaws with respect to the Fiscal Year for which an Assessment is being levied.
6.10. Flange of Assessments. During the period in which the Community is being built
out and additional Phases may be annexed without the approval of the Community Association, Declarant
may with the DRE's approval, establish a range of assessments in accordance with a budget on file with
and reviewed by the DRE. The range in the amount of the monthly installment of annual Community
Assessments has been established by calculating an initial 99 minimum annual assessment"and a 46 maximum
annual assessment." Under this range procedure,, as additional Phases are annexed into the Community,
the monthly installment of annual Community Assessments levied by the Community Association can
automatically increase or decrease, but will remain within the range stated in the DRE-reviewed Budget as
set forth in the Public Report issued by the DRE for such Phases. Except as otherwise provided herein,
during any given fiscal year, the Community Board shall not levy an annual Community Assessment that
exceeds the approved maximum annual Community Assessment for that Fiscal Year. Notwithstanding the
foregoing, annual Community Assessments may be increased as provided in Section 6.1 .1 and 6.10.2
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6.11 Allocation of Community Assessments. The Community Assessments shall be
allocated as set forth below.
6.1111.1 General Assessment Component. The Regular Assessments,, exclusive of the
Common Expenses included within a Special Benefit Area Budget, shall, for the Separate Interests as to
which Community Assessments have commenced, be fixed at a uniform rate for all Separate Interests.
6.1111.2 special Benefit Area Assessment Component. The portion of the Regular
Assessments budgeted exclusively to a particular Special Benefit Area in a Special (Benefit Area Budget
shall be assessed solely to the Owners of Separate Interests within the applicable Special Benefit Area at
a uniform rate determined by dividing the amount of the Assessment by the total number of Separate
Interests within the Special Benefit Area subject to such Assessment, unless a different rate is specified in
a Supplementary Community Declaration. The Community Association shall provide ide for a separate
operating account and separate reserve account for the funds which are collected and expended on behalf
of a Special Benefit Area. The Community Association shall also provide for a reserve study and an annual
review and disclosure of the reserves applicable to a Special Benefit Area to the same extent required for
the other budgetary components.
6.1111.3 Utility Assessments. In addition to any other Community Assessments, the
Community Association may levy Utility Assessments,for the purpose of paying the cost of water allocated
to any Separate Interest serviced by a sub-meter that is part of the Community Association's metering
system ("Sub-metered Separate Interest") and other charges, imposed by the service provider and the
service charge and any other charges of the metering company. All amounts levied and charged by the
meteringl company on behalf of the Community Association are referred to as "Utility Assessments." Utility
Assessments shall be due and payable by all Owners of a Sub-metered Separate Interest in such
installments and dlu�ring such period or periods as the Community Board shall designate. Increases in Utility
Assessments are not subject to the limitations set forth herein, as they are based on each Owner's actual
water use and will vary on a monthly basis.
6.1111.4 Other Com unity Assessments. Special Assessments, and Capital
Improvement Assessments shall be allocated in the same manner as Regular Assessments. Compliance
Assessments shall be levied directly to the individual Separate Interests in a manner consistent with the
provisions of Section 6.8.
6.12 Date of Commencement of Regular Assessments. The Regular Assessments shall
commence as to each Separate Interest in a Phase subject to this Community Declaration on the first day
of the month following the conveyance of the first Separate Interest in that Phase to a First Purchaser.
Notwithstanding the foregoing, Declarant or a Guest Builder may elect to commence to pay Regular
Assessments for a Phase prior to the conveyance of a Separate Interest in such Phase to a First Purchaser,
in such case, Declarant or the Guest Builder shall have the voting rights as to the Separate Interest in such
Phase pursuant to Section 5.2.
6.13 Notice and Assessment Due Dates. The Community Association shall provide notice by
first class mail to each Owner(pursuant to California Civil Code Section 4040)of an increase in the IRegullar
Assessment and notice of any Special Assessment or Capital Improvement Assessment (or increase
therein) not less than thirty (30) days nor more than sixty (60) days prior to the increased Regular
Assessment or the Special Assessment or Capital Improvement Assessment becoming due. The due dates
for the payment of Regular Assessments normally shall be the first day of each month unless some other
due date is established by the Community Association. The due date for Special Assessments or Capital
Improvement Assessments and Compliance Assessments shall be specified in the notice provided by the
Community Association. If such Special Assessments or Capital Improvement Assessments are payable
in installments, such installments inoirmally shall be due the first day of each month unless some other due
date is established by the Community Association. Each installment of Regular Assessments, Special
Assessments and Capital Improvement Assessments shall become delinquent if not paid within fifteen
(15) days after its due date. Additional Charges shall accrue with each delinquent installment but shall not,1
in any event, exceed the maximum rates permitted under California Civil Code Section 5600, et seq.
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6.14 EstoPP&I Certificate. On not less than twenty (20)days' prior written request, the
Community Association shall execute, acknowledge and deliver to the party making such request a
statement in writing stating both of the following: (a) whether or not, to the knowledge of the Community
Association, a particular Owner is in default in connection with the payment of Community Assessments as
to such Owner's Separate Interest; and (b) the dates to which installments of Community Assessments,
have been paid as to such Separate Interest. Any such statement may be relied on by any prospective
purchaser or Mortgagee of the Separate Interest, but reliance on such statement may not extend to any
default not involving the payment of Community Assessments of which the signer had no actual knowledge.
6.15 Collection of Community Assessments; Liens.
6.15.11 Right to Enforce. The right to collect and enforce Community Assessments is
vested in the Community Board acting for and on behalf of the Community Association. The Community
Board may enforce the obligations of the Owners to pay Community Assessments provided for in this
Community Declaration by commencement and maintenance of a suit at law or in equity, or the Community
Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to
Section 6.15.5 enforce the lien rights created. Suit to, recover a money judgment for unpaid Community
Assessments together with all other Additional Charges shall be maintainable without foreclosing or waiving
the lien rights. Notwithstanding anythingi else to the contrary herein, a monetary penalty imposed by the
Community Association as a disciplinary measure for failure of a Member to comply with the Governing
Documents or as a means of reimbursing the Community Association for costs incurred by the Community
Association in the repair of damage to Community Association Property, Community Association
Maintenance Area or Offsite Maintenance Areas for which the Member was allegedly responsible or in
bringing the Member and his or her Separate Interest into compliance with the Governing Documents may
not be characterized nor treated as an Assessment that may become a (lien against the Member's Separate
Interest enforceable by a sale of the interest hereunder. The limitation in the preceding sentence, however,
does not apply to any Additional Charges.
6.115.2 Notice of Community Assessments and Foreclosure. The Community
Association shall distribute a written notice regarding Community Assessments and foreclosure as set forth
in California Civil Code Section 5730 duriingl the sixty(60) day period immediately preceding the Ibegininiingi
of the Community Association's Fiscal Year.
6.115.3 Delinquent Community Assessments. In collecting delinquent Community
Assessments, the Community Association shall comply with the requirements of California law, including,
without limitation, California Civil Code Section 5650. As of the date of this Community Declaration, such
laws require that, among other things, before the Community Association records a lien against the Owner"s
Separate Interest,the Community Association shall- (a) notify the delinquent Owner of certain matters; and
(b) offer and, if requested by the Owner, participate in, dispute resolution procedures pursuant to the
Community Association's "meet and confer" progiram required by California Civil Code Sections 5900
through 5920.
6.115.4 Assiqqment. The Community Association may not voluntarily assign or pledge
the Community Association's right to collect payments or Community Assessments, or to enforce or
foreclose a lien to a third party except where provided under California Civil Code Section 5735.
6.15.5 Notice of Default; Foreclosure. The Community Association can record a notice
of default and, subject to the requirements and limitations of California Civil Code Section 57010, et seq.,
can cause the Separate Interest with respect to which a notice of default has been recorded to be sold
either in the same manner as a sale is conducted under California Civil Code Sections 29,24, 2924b and
2924c or through judicial foreclosure and as provided in California Civil Code Section 5700, et seq.
However, as a condition precedent to the holding of any such sale under Section 2924c, appropriate
publication shall be made,. In connection with any such sale, the Community Board is authorized to appoint
a trustee for purposes of conducting the sale. If a delinquency is cured before sale of the Separate Interest
or before completing a judicial foreclosure, or lif it is determined that a lien previously recorded against a
Separate Interest was recorded in error,, the Community Board shall apply payments and follow the
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procedures set forth in California Civil Code Section 56,85. On becoming delinquent in the payment of any
Assessment or installment, each delinquent Owner shall be deemed to have absolutely assigned all rent,
issues and profits of its Separate Interest to the Community Association and shall further Ibe deemed to
have consented to the appointment of a receiver(which appointment may, at the election of the Community
Association, be enforced by the Community Association through specific performance). The Community
Association, acting on behalf of the Owners,, shall have the power to bid upon the Separate Interest at
foreclosure sale and to acquire, hold, lease, mortgage and convey the Separate Interest and vote as an
Owner of the Separate Interest.
6.15.6 Creation of Lien. If there is a delinquency in the payment of any Assessment
(other than a Compliance Assessment), any amounts that are delinquent, together with any Additional
Charges,shall be a lien against the defaulting Owner's Separate Interest upon the recordation in the Official
Records of a notice of delinquent assessment ("Notice of Delinquent Assessment") as provided in
California Civil Code Section 5675. After its recordation, the Notice of Delinquent Assessment shall be
mailed to all Owners of record for the Separate Interest for which the (lien is being filed as provided in
California Civil Code Section 5675.
6.115.7 Payment of Community Assessments. Any payments of sums due under this
Article shall first be applied to Community Assessments, owed, and only after Community Assessments
owed have been paid in full shall the payments be applied to the Additional Charges. If an Owner requests
a receipt after payment of a delinquent Assessment, the Community Association shall provide a receipt
which sets forth the date of payment and the individual who received such payment.
6.15.8 Addiltionall Charges. In addition to any other amounts due or any other relief or
remedy obtained against an Owner who is delinquent in the payment of any Community Assessments,
each Owner agrees to play Additional Charges incurred or levied by the Community Association, includling
such additional costs, fees, charges and expenditures as the Community Association may incur or levy in
the process of collecting from that Owner any amounts which are due and delinquent subject to California
Civil Code Section 5,650, et seg.
6.16 Waiver of Exemptions. IEach Owner,to the extent permitted by Applicable Laws,waives,
to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws
of California in effect at the time any Assessment or installment becomes delinquent or any lien is imposed.
6.17 Subordination of Lien to First Mortgages. When a Notice of Delinquent Assessment
has been recorded, such Assessment shall constitute a lien on such delinquent Owner's Separate Interest
prior and be superior to all other liens, except: (a) all taxes; (b) bonds; (c) Community Assessments and
other levies that, by Applicable Laws,, would be superior thereto; and (d) any First Mortgage now or
hereafter placed upon any Separate Interest subject to Assessment. The sale or transfer of any Separate
Interest pursuant to judicial or non-judicial foreclosure(excluding a transfer by a deed in lieu of foreclosure)
of a First Mortgage shall extinguish the lien of such Community Assessments as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve such Separate Interest from any
Community Assessments thereafter becoming due or from the lien of any subsequent Community
Assessment. Where the Mortgagee of a First Mortgage or other purchaser of a Separate Interest obtains,
title to the same as a iresult of foreclosure (excluding a transfer by a deed in lieu of foreclosure),, such
acquirer of title, and his or her successors and assigns, shall not be liable for the share of the Common
Expenses or Community Assessments chargeable to such Separate Interest that became due prior to the
acquisition of title to such Separate Interest by such acquirer, except for a share of such charges or
Community Assessments resulting from a reallocation of such charges or Community Assessments that
are made against all Separate Interests.
6.18 No,Offsets. All Community Assessments shall be payable in the amounts of the particular
Community Assessment, and ino offsets against such amounts shall be permitted for any reason, including,
without limitation, a claim that the Community Association is not properly exercising its duties of
maintenance, operation or enforcement.
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6.19 Personal Liability of Owners. No Owner may exempt himself, herself or itself from
personal liability for Community Assessments, nor any part thereof, levied by the Community Association,
nor release the Separate Interests owned by him or her from the liens and charges hereof by waiver of the
use and enjoyment of the Community Association Property and facilities located thereon, or by
abandonment of such Owner's Separate (Interest.
6.20 'Transfer&Separate IInterests. After transfer or sale of a Separate Interests, the selling
Owner s)shall not be liable for any Assessment levied on such Separate Interests after the date of transfer
of ownership and written notice of such transfer is delivered to the Community Association. The selling
Owner shall remain responsible,for all Community Assessments and charges levied on his or her Separate
Interests prior to any such transfer.
6.211 Failure to Fix Colmmu�nitv Assessments. The omission by the Community Board to fix
the Community Assessments hereunder before the expiration of any Fiscal Year for that or the next year
shall not be deemed either a waiver or modlification in any respect of the provisions of this Community
Declaration or a release of the Owner from the oblligation to pay the Community Assessments or any
installment thereof for that or any subsequent Fiscal Year, but the Community Assessment fixed for the
preceding Fiscal Year shall continue until a new Assessment is fixed.
6.22 Property Exemt From Community Assessments. The Community Association
Property shall be exempt from the Community Assessments, charges and liens created herein.
6.23 Uncompleted Facilities. The Community Board may, but shall have no obligation to,
exclude from the Regular Assessments, those portions of budgeted Common Expenses that are for the
purpose of defraying expenses and reserves directly attributable to the existence of Improvements to be
maintained by the Community Association that are not complete, at the time of the Assessment. Any such
exemption from the payment of Assessments shall be in effect only until the earlier to occur of the following:
(a) a notice of completion for the subject Community Association Property has been recorded); or (b) the
Community Association Property has been placed into use.
6.24 Com�muniity Association Property Improvements. If the Improvements to be installed
by Declarant or a Guest Builder on the Community Association Property lien a Phase have not been
completed prior to the issuance by the DRE of a Public Report covering the Phase, and in the further event
that the Community Association is the obligee under a bond to secure performance by Declarant or the
Guest Builder to complete such Improvements, then if such Improvements have snot been completed and a
notice of completion filed within sixty (60) days after the completion date specified in the planned
construction statement appended to the bond, the Community Board shall consider and vote upon the
question of whether or not to bring action to enforce the obligations under the bond,. If the Community
Association has given an extension in writing for the completion of any such Improvement, then the
Community Board shall consider and vote on said question if such Improvements have not been completed
and a notice of completion filed within thirty (30) days after the expiration of the extension period. In the
event that the Community Board determines not to take action to enforce the obligations secured by the
bond or does not vote on the question as above provided, then, yin either such event, upon petition signed
by Members representing five percent (5%) or more of the Voting Power of the Community Association,
excluding the Voting Power of Declarant and Guest Builders, the Community Board shall call a special
meeting of the Members of the Community Association to consider the question of overriding the decision
of the Community Board or of requiring the Community Board to take action on the question of enforcing
the obligations secured by the bond. Said meeting of Members shall be held not less than thirty-five (3,5)
days nor more than forty-five(45)days following ireceipt of the petition. At said meeting, a vote of a majority
of the Voting Power of Members of the Community Association, excluding the vote of Declarant and Guest
Builders, to take action to enforce the obligations under the bonds all be deemed to be the decision of the
Community Association, and the Community Board shall thereafter implement the decision by initiating and
pursuing appropriate action in the name of the Community Association.
6.25 Il6itial CapiitM Contribution. Unless otherwise specified in a Supplementary Community
Declaration as to a Phase, upon acquisition of record title to a Separate Interest from IDeclarant or a Guest
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Builder, each IFirst Purchaser shall contribute to the capital of the Community Association an amount equal
to Two Hundred Dollars($200.00). This amount shall be deposited by the purchaser into the purchase and
sale escrow for his or her Separate Interest and disbursed therefrom to the Community Association. The
obligation set forth in this Section does not apply to the resale of any Separate Interest.
ARTICLE 7
USE RESTRICTIONS FOR THE COMMUNITY
This Article sets forth restrictions on the use of the Covered Property. The restrictions contained
in this Article will likely have the greatest impact on day to day living in the Community. Each Owner shall
comply and cause its Occupants and Permitted Users to comply with the restrictions set forth in this Article.
7.1 Exemption of Declarant and Guest Builders. The restrictions set forth in this,Article shall
not apply to Declarant or a Guest Builder so Ilongl as Declarant or a Guest Builder owns any portion of the
Covered Property or the Annexable Property.,
7.2 Residential Use. No Residential Lot or Condominium shall be used or caused to be used
or allowed or authorized to be used in any way, directly or indirectly, for any business, commercial,
manufacturing, mercantile, storage,vending or other non-residential purposes; except Residential Lots and
Condominiums may Ibe used for model home sites,, construction offices,, a design center, and display and
sales office purposes during the construction and sales period by Declarant and the Guest Builders. The
provisions of this, Section shall not preclude professional or administrative occupations or other home-
based small businesses without external evidence thereof so long as such occupations (a) are operated
solely within the Residential Lot or Condominium�, (b) are (limited to arts and crafts, the rendition of
professional services or other similar activities, (c) are operated by the Owner of the Res'identiall Lot or
Condominium whose principal residence is the Residential Lot or Condominium, (d) are conducted in
conformance with all Appillicable Laws, (e)are merely incidental to the use of the Residential of or
Condominium as a residence, (f) do not require the patrons or clientele to regularly visit or conduct business
on the Residential Lot or Condominium, and(g) do snot result in (i)the violation of any of the other provisions
of this Community Declaration, (ii) any unreasonable increase in the flow of traffic within the Covered
Property (to the extent any customer or employee traffic is permitted under Applicable Laws and
ordinances), (iii) any odor, noise, or vibration outside of the Residential Lot or Condominium,, or(iv) create
parking problems within the Covered Property. In addition, home childcare facilities shall be permitted only
to the extent that they are operated in accordance with Applicable Laws, including,without limitation,zoning
requirements and licensing regulations.
7.3 Commercial Use. Except as otherwise Ipirovided in this Community Declaration or a
Supplementary Community Declaration, no Residential Lot or Condominium shall be used or caused,
allowed, or authorized to be used in any way, directly or indirectly, for any business, commercial,,
manufacturing, mercantile, storing, vending, or other such non-residential purpose.
7.4 NoTime-Share Projects. No Residential Lot or Condominium shall be divided into a time-
share estate or time-share use as defined in California Business and Professions, Code Section 110013.5
without the prior written approval of the Community Association and, until the Declarant"s IRliglhts
Termination Date,, Declarant.
7.5 Rental of Residence. An Owner shall be entitled to rent his or her Residence subject to
the restrictions in the Community Gove�rningl Documents, and any contractual agreement between a Guest
Builder and each original Owner for such Owner's Separate Interest, any other restrictions of record and all
Applicable Laws. Any Trental or lease agreement shall: (a) be in writingi; (b) provide that the lease is subject
to the Community Governing Documents', and (c) provide that any failure to comply with any provisions of
the Community Governing Documents shall be a default under the terms of the rental or lease agreement.
Upon request, a copy of the rental or lease agreement shall be provided to the Community Association.
The Owners shall, at all times, be iresponsible for their Lessee's compliance with all of the provisions of this
Community Declaration pursuant to the occupancy and use of the Residence. A Lessee shall have no
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obligation to the Community Association to pay Assessments, nor shall any Lessee Ihave any voting rights,
in the Community Association. No Owner may lease such Owner's, Residence for hotel, motel or transient
purposes. Any lease which is either for a period of fewer than sixty (60) days or pursuant to which the
lessor provides any services normally associated with a hotel shall be deemed to be for transient or hotel
purposes. Notwithstanding the foregoingi, if there are any FHA or VA insured loans affecting a Separate
Interest, any restrictions in this Declaration on renting or leasing that violate any FHA or VA requirements
related to renting or leasing shall not apply to such Separate Interest.
7.6 Animals. No livestock including without limitation poultry or goats shall be kept,
maintained, or bred in any Residential Lot or Condominium or elsewhere within the Covered Property. An
Owner or Occupant may maintain or allow to be maintained within the Residence a reasonable number of
dogs or cats as determined by the Community Board and definedl, from time to time, in the rules and
regulations, and at all times, the number and types of animals shall be in compliance with all Applicable
Laws. Domestic birds shall be permitted so long as such animals are kept in the interior of a Residence
and are not so excessively noisy as to disturb the quiet enjoyment by each Owner of his or her Residential
Lot or Condominium and are not kept in unreasonable numbers as determined by the Community Board.
Nothing contained Ihereiin shall restrict the keeping of fish in an aquarium or fish in an exterior pond or pool
(such as koi)so long as the installation of such pond have been obtained under Article 8. Notwithstanding
the foregoing, the Community Association Rules may further limit or restrict the keeping of such pets. The
Community Board shall specifically have the power to prohibit the keeping or maintenance of any animal,
which, in the opinion of the Community Board, after Notice and Hearing, is deemed by the Community
Board to constitute a danger to any other Owner in the sole and exclusive opinion of the Community Board.
Each person bringing or keeping a pet within the Covered Property shall be absolutely liable to other
Owners and their Permitted Users for any damage to persons or property caused by any pet brought upon
or kept upon the Covered Property by such person or by his or her Permitted Users. Each Owner shall
clean up after such animals that have deposited droppings or otherwise used any portion of the Covered
Property or public or private street abutting or visible from the Covered Property. Animals belonging to
Owners or Permitted Users of any Owner must be kept within an enclosure or on a leash held by a person
capable of controlling the animal when outside the Residence.
7.7 Antenna Restrictions. No Owner shall install any antenna, satellite dish, or other over-
the-air receiving device("Antenna")(a)on any real property which such Owner is not entitled to exclusively
use or control, as provided in Title 47 U.S.C. §§ 1, et seq.,47 CFR§ 1.4000 and any other Applicable Laws
promulgated with respect thereto (collectively "'Antenna Laws"), (b) in a particular location if, in the
Community Board's opinion, the installation, location or maintenance of such Antenna unreasonably affects
the safety of the Owners or any other Person, or for any other safety-related reason established by the
Community Association,or(c)that is of a size larger than is permitted under the Antenna Laws. If an Owner
is entitled to install an Antenna under the foregoing requirements, such Owner shall provide the Community
Board with written notice that such Owner intends to install the Antenna and provide evidence of compliance
with the foregoing requirements. If an Owner desires to install an Antenna, other than as described in
(a)through (c) above,, such Owner may do so only upon the prior approval of the Community Association
pursuant to Article 8. The Community Board shall not impose or enforce any restrictions upon antennae
that are inconsistent with the Antenna Laws. The provisions set forth above shall also apply to any Sub-
Association.
7.8 Temporary Structures. No trailer, mobile home, tent, shack or other outbuildings shall be
kept upon any Separate Interest, or Sub-Association Property, or in any street within the Covered Property,
except in connection with work or construction diligently pursued or except for (a) any tents or temporary
structures associated with any events sponsored by or authorized by the Community Association or the
applicable Sub-Association and (b)storage sheds which conform to the Community Governing Documents
and Sub-Association Governing Documents. Pursuant to the Community Entitlements, all storage areas
shall be screened from public view.
7.9 U�nsinlhtly Articles. No unsightly articles shall be permitted to remain within the Covered
Property so as to be visible from any other portion of the Community. No lumber, grass,, shrub or tree
clipping or plant waste, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to
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accumulate within any Separate Interest, except within an enclosed structure or container or otherwise
appropriately screened from public view. Composting andl capturing rainwater will be allowed so long as
contained and enclosed in containers in conformance with the Community Design Guidelines, the other
Community Governing Documents.
7.10 Parking And Vehicular RestHctions.
7.110.1 Authorized Vehicles,. The followings vehicles are"Authorized Vehicles.": standard
passenger vehicles including automobiles,, 1passenger vans designed to accommodate ten (10) or fewer
people, motorcycles and pick-up trucks having a manufacturer's, rating or payload capacity of one (1) ton
or less. Recreational vehicles may be parked) on a temporary basis for loading and unloading as specified
in the Community Rules. Authorized Vehicles may be parked in the Covered Property as permitted under
this Community Declaration and by the Community Board., No Owner may park a vehicle in a manner
which restricts,the passage of pedestrians or vehicles over driveways, streets or sidewalks in the Covered
Property or extends beyond the limits of the space where the vehicle is parked). The Community Association
has the power to identify additional vehicles as Authorized Vehicles in the Community Rules and to adapt
these restrictions to other types of vehicles.
7.110.2 Prohibited Vehicles. The following vehicles are ".Prohibited Vehicles."
(a) commercial-type vehicles (e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks,
limousines, and pick-up trucks of more than one(1)ton), (b) buses or vans designed to accommodate more
than ten (10) people, (c) vehicles having amore than two (2) axles, (d)trailers, (e) inoperable vehicles or
parts of vehicles, (f) aircraft, (g) any vehicle or vehicular equipment deemed a nuisance by the Community
Board, (h)dilapidated, dismantled or wrecked vehicles, (i) any vehicle which is under repair, 0) recreational
vehicles, and (k)any other vehicle not classified as an Authorized Vehicle. Prohibited)Vehicles may not be
parked, stored, repairedl or kept on any driveway, garage or private street in, adjacent to or visible from the
Covered Property or except for brief periods for loading, unloading,I making deliveries or emergency repairs.
If a vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumed
to be a Prohibited Vehicle, unless the vehicle is expressly classified as an Authorized Vehicle in writing by
the Community Board. The restrictions set forth shall not apply to any vehicle owned or operated by the
Community Association or, with the approval of the Community Board, any Sub-Association.
7.110.3 General (Restrictions. Subject to the restrictions on Prohibited Vehicles, all
vehicles owned or operated Iby or under the control of an Owner or an Occupant of an Owner's Residential
Lot or Condominium must first be parked in the garage of that Owner. Once the maximum number of
vehicles are parked in the garage, Owners may park Authorized Vehicles in their driveway provided that
such Authorized Vehicle does not extend into any sidewalk, Ipairkway or street bordering the Owner's
driveway. Unless otherwise specified in a Supplementary Community Declaration, parking in any alley is
prohibited. Pursuant to the Community Entitlements, ino motorized or non-motorized vehicles shall be
parked, stored or kept in the front yard of a Residential Lot or Condominium except in the driveway in
accordance with the foregoing restrictions. No storage or display of vehicles for sale by a motor vehicle
dealer is permitted anywhere within the Community. All vehicle loading activities, within the Community
shall be located and operated so that they do not disturb neighboring Occupants and so that they do not
conflict with vehicle movement on public streets,.
7.110.4 Repair of Vehicles. No vehicle may be washed, dismantled, rebuilt, repaired, or
serviced within the Covered Property, including within an Owner's driveway or garage, except for
Emergency repairs necessary to enable the vehicle to be moved to a proper repair facility or repairs from
which are made from time to time to a vehicle subject to any restrictions imposed by the Community Board
or the Community Governing Documents.
7.10.5 Parking Req lations. The Community Association may establish additional
regulations regarding any parking areas not assigned to individual Owners, including designating"parking,"
"guest parking," and "no parking" areas. The Community Association may take all actions necessary to
enforce all parking and vehicle use regulations for the Covered Property includlingi removing violating
vehicles from the Covered Property pursuant to California Vehicle Code Section 226,58.2 or other
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Applicable Laws. If the Community Association has not enforced any of the parking or vehicle use
regulations, the City or County may enforce such regulations. No Sub-Association or Special Benefit Area
Rules shall establish parking rules and iregulatons in conflict with those contained herein or the other
Community Governing Documents. Parking within Private Streets subject to the jurisdiction of a Sub-
Association shall be for the sole use and benefit of Owners within the Sub-Association as set forth in the
Neighborhood Governing Documents.
7.110.6 Garage Use. Owners and Occupants of Residential Lots or Condominiums must
first park the maximum number of vehicles within the garage. Subject to Section 7.10.7 below, garages
shall be used for parking vehiclles only and shall not be converted for living, recreational activities, business
or storage that would prevent the ability of an Owner or Lessee to park the number of vehicles in the garage
that the garage was designed for unless, the garage conversion is, permitted by the City and approved by
the Community Association in accordance with Article 8 below. Doors to garages shall be kept closed
except during the removal or entry of vehiclles or persons therefrom or thereto.
7.10.7 Restricted Area Garages. Notwithstanding anything to the contrary contained
herein, certain garage areas within the Community may be approved by the City and built by certain Guest
Builders to include a two-space garage along with an additional reduced size garage area (""Restricted
Area Garages"). The restrictions contained herein relating to storage and use of a garage area for non-
vehicular purposes shall not apply to such Restricted Area Garages, if any. In the event an Owner des,ires,
to convert the portion of the reduced size garage area to,residential living space that is part of the residence,
the Owner shall be required to obtain the prior approval of the Community Association pursuant to Article 8
below, comply with all requirements set forth in the Community Design Guidelines, and such Owner shall
be required to process and obtain any required City permits for such conversion. Residences constructed
with a Restricted Area Garage shall continue to maintain the remaining area of the garage open for parking
of the number of vehicles for which the garage was originally designed.
7.10.8 'Parking Management Plan. The Community Association, Owners and
Subassociations,shall be obligated to comply with the Parking Management Plan and the directives, rules,
regulations and requirements relating to parking promulgated by the Community Association in
implementing the Parking Management Plan.
7.11 View llrnpalirment. There is no representation that any view exists from any Separate
Interest. Each Owner, by accepting a deed to a Separate Interest, acknowledges that grading of,
construction on or installation of improvements, including landscaping and trees,on other Covered Property
and on surrounding real property may impair whatever view may exist from the Owner's Separate Interest,
and each Owner consents to such impairment and waives any claim for view impairment.
7.12 Nuisances. No activities that may be or imay become a nuisance, or which will impair the
structural integrity of any Building or other Improvement in the Community, will be permitted. Disruption of
traffic or parking, inoise or similar items arising from activities sponsored by the Community Association,
Declarant, or a Declarant Party or any other Person authorized by such entities, conducted in conformance
with Applicable Laws, and the Community Governing Documents or construction performed in accordance
with the initial development of any Covered Property within the Community or otherwise in accordance with
the relevant Community Governing Documents and Applicable Laws will not be deemed a nuisance or
otherwise prohibited by the foregoing provisions. Additionally, any construction, marketing or other
activities undertaken Iby Declarant, a Declarant Party or a Guest Builder or the exercise of any rights
reserved by Declarant or a Guest Builder and/or granted to the Community Association shall not be deemed
to be a nuisance under this Section 17.12. The term ""nuisance"" as used in this Section is intended to irefeir
to a legally irecoginiized nuisance; ordinary operation of a business or event that is not prohibited under the
Community Governing Documents shall not be deemed a inuisance.
7.13 Insurance Requirements. No Sub-Association or Owner shall do anything that would
materially increase the premiums of any policy of insurance imaiintaiined by the Community Association or
would render any portion of the Community uninsurable, or create any valid defense to the Community
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Association's right to collect insurance proceeds, or cause any insurance policy to be cancelled, or cause
a refusal to renew the same.
7.14 Diischarc
je of Hazardous Materials. No discharge of Hazardous Materials of any Ikiind
shall be discharged into any public or private sewer serving the Community or any part thereof in violation
of Applicable Laws. Storage and use of any such Hazardous Materials shall be allowed only if in compliance
with all Applicable Laws.
7.15 Garbage and Refuse Disposall. All rubbish, trash, garbage and recycl ngi shall be
regularly removed from the Covered Property and shall not Ibe allowed to accumulate. All trash shall Ibe
fully contained within appropriate trash receptacles and/or recycling containers. Before being deposited in
the garbage, trash refuse and recycling collection facilities, all trash, garbage, recycling and other waste
shall only be kept in clean and sanitary containers. Each Sub-Association and each Owner shall comply
with alll recycling requirements imposed by the Community Association and the City.
7.11 Lighting. All lighting within the Covered Property shall comply with Chula Vista Municipal
Code Section 19. .100 which prohibits direct sky reflected glare. If any lighting on a Separate Interest
provides illumination to other property located beyond the boundaries of an Owner's Separate Interest, no
changes to such lighting may be made without the approval of the Community Association.
7.17 Landscaping. All landscaping within the Community shall comply with the Fire Protection
Plan, City landscape water conservation requirements, the Community Design Guidelines and the
requirements of the Sectional Planning Area Plan.
7.18 Oil and Mineral Rights. No oil drilling), oil development operations, oil refining, quarrying,
or mining operations of any kind shall be permitted upon or in any portion of the Covered Property nor,
subsequent to the recording of this Community Declaration, shall oil wells, tanks, tunnels, or mineral
excavations or shafts be installed upon the surface of any portion of the Covered Property or within five
hundred feet(5001")below the surface of such portion of the Covered Property. No derrick or other structure
designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted by any
Sub-Association or Owner upon any portion of the Covered Property.
7.19 Dlig A1ert. A voluntary organization called "Dig Alert" provides information regarding the
presence of utility lines and offers other precautionary advice prior to an Owner or the Community
Association digging or excavati�ngl any real property. The Community Association maintains information
regarding this program and shall at all times maintain a membership in USA Digi Alert to mark out all
Community Association subsurface facilities. Dig Alert shall Ibe contacted and utility lines shall be marked
prior to any subsurface digging being performed. Each Owner shall cooperate with the guideline
established by"Dig Alert"for so long as such program remains in effect.
7.20 Complliiance with Fire Protection Plan. All Owners and the Community Association shall
comply with all requirements of the Fire Protection Plan and shall maintain all Fuel Modification Areas in
accordance with the requirements set forth in such Fire Protection Plan.
7.21 Rea poinsiibflit for Damage to Com=nity Association Prope No Owner or Sub-
Association shall cause any damage to the Community Association Property or Community Association
Maintenance Areas or Offsite Maintenance Areas. Should any Owner or Bub-Association or their
respective Permitted Users cause any damage to sidewalks, curbs or other City property or rights-o'f-way,
or to any Community Association Property, Community Association Maintenance Areas or Offsite
Maintenance Areas, the Community Association or the Declarant shall have the right to (a) either repair
such damage on behalf of the Owner and charge the cost thereof to the Owner or Sub-Association as a
Compliance Assessment, or (b) require the Owner or Sub-Association to Ipiromptly and fully repair such
damage at the Owner's expense or Sub-Association's expense. In the event such damage is repaired by
the Community Association or Declarant, the Owner or Sub-Association shall immediately reimburse such
party for the full costs of repair. Each Owner and Sub-Association shall be liable to the Community
Association and the other Owners, including Declarant, for any damage to any of the Community
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Association Property or Community Association Maintenance Areas that may be sustained by treason of
the neglligence of that Owner or Sub-Association, and that Owner's or Sub-Association's Permitted Users.
7.22 Established IDrainage. The Community Association, the Sub-Associations and the
Owners shall not in any way interfere with the established drainage within the Covered Property unless
adequate provisions have been for proper drainage,. "Established Drainage" is defined as the drainage
which existed at the time the final gradings and the drainage improvements which were originally completed
by a Declarant or a Guest Builder. Established Drainage refers to both surface drainage and subsurface
drainage, if any. If the Community Association, any Sub-Association or Owner changes the established
drainage, it shall be responsible for any damages which might result to any other Sub-Association or Owner
or the Community Association or to any third party.,
7.23 Wetland Areas. The Wetland Areas may contain sensitive plant and animall species and
will be managed by the Community Association to protect their resources., No Owner slhallll have any rights
of entry to any of the Wetland Areas.
7.24 Pollutiog Control. The Community Association and each Sub-Association and the
Owners shall comply with the water quality management plan and any best management practices as they
apply to the Covered Property.
7.24.1 Compfla�nce With Requirements Regarding Storm Water IPollut on. Each
Owner acknowledges that water that enters, a storm drain flows directly to natural sources of water,
including waterways, creeks, drains, rivers,, and lakes. Each Owner further acknowledges that storm water
runoff can carry eroded soils and other non-storm water substances and materials into natural sources of
water,which can have an adverse impact on the environment. Unlike the water in the sewer system,which
flows to wastewater treatment plants, water that enters a storm drain flows directly, without any treatment,
to waterways, creeks, streams, rivers, lakes and/or oceans. Accordingly, the National Pollutant Discharge
Ellim�ination System, the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, the Water
Quality Management Plan and the policies and ordinances of the City prohibit, with minor exceptions,
discharging anything other than natural storm water into storm drain systems, which include gutters, and
streets which drain into storm drains, and naturally occurring water flows, channels, stream beds, and
canyons. The Community Association, the Sub-Associations, and the Owners shall not dispose of any
substance into the storm drain system that will cause a violation of Applicable Laws. Solid waste, garbage,
rocks, sand, lawn clippings, yard waste, detergents, pet waste,, toxic chemicals, fertilizers, or hydrocarbon
compounds (including, without limitation, gasoline,, motor oil, antifreeze, solvents, paints, paint thinners,
and wood preservatives)and any other such materials or pollutants shall not be discharged into any street,
public or private, gutters, or into storm drains or storm water conveyance systems. The Community
Association,the Sub-Associations and each Owner further acknowledge that the disposal of such pollutants
and materials into a storm drain system may result in significant penalties and fines and that the Community
Association,the Sub-Associations and each Owner may be responsible for any activities by their respective
contractors (e.g., painters,, landscapers)who dispose of such pollutants from the Community Association,
the Sub-Associations and each Owner's Parcel into a storm drain system. Use and disposal of all toxic
chemicals, hydrocarbon compounds, pesticides, fungicides, Iherbiclides,, insecticides, fertilizers,, and other
such chemicals, shall meet all federal, state,, and City requirements and requirements of any other
Governmental Agencies having jurisdiction over the Covered IProperty.. The Owners,each Sub-Association
and the Community Association shall also store such materials in a way that prevents their contact with
storm water. All Owners, Sub-Associations and the Community Association are required to comply with
the foregoing restrictions,. Owners are encouraged to consult with the City and other Governmental
Agencies concerning the proper storage, use, and disposal of any Hazardous Materials. Dumping any
such materials into sewers, gutters or storm drains is a violation of Applicable Laws.
7.24.2 Storm Water Pollution Prevention and Best Manaqgeiment Practices. To
comply with the requirements of the City in connection with the storm water pollution prevention best
management practices, each Owner, the Sub-Associations and the Community Association shall, at all
times,, maintain all Improvements located lin the Community Association Property, Sub-Association Property
and/or Separate Interests, as applicable, in a clean, safe and attractive condition, free and clear of any and
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all debris and in compliance with the Education and Enforcement Program. All landscaping shall be
maintained by an Owner, Sub-Association, and the Community Association in a manner that will prevent
soil erosion and minimize sediment transport. The Community Association, Sub-Associations and Owners
shall not blow, sweep, hose or otherwise cause any debris or erosion to enter the streets, storm drains or
other drainage conveyances. To the extent that the Declarant or any Guest Builder has installed any
erosion protection devices (e.g., sandbags), an Owner shall not remove such devices unless and until all
landscaping has Ibeen installed on a Separate Interest, and has been sufficiently grown so as to prevent
soil erosion and transport of any sediment. Except when disposing of trash, all trash receptacles shall be
covered and closed at all times.
7.25 Fires. There shall be no exterior fires on the Community Association Property, except
barbecue fires or fires,within fire pits contained within receptacles providledl by the Community Association,
if any, or as otherwise permitted by the Community Board.
7.26 Speed Bumps,. Speed bumps shall not be permitted to be installedl within the Community.
7.27 Window Coverings. Temporary window coverings ("'Temporary Window Coverings")
in a design and color that does not conflict with the surrounding Improvements (but excluding aluminum
foil, newspapers, or any other contrasting material) shall be permitted for a maximum period of ninety-five
(95) days from (a)the date that a Residence is conveyed to a First Purchaser by Declarant or a Guest
Builder, or (b) such longer period as may be authorized by the Community Association. Except as
specifically provided above, no Temporary Window Coverings shall Ibe used to cover any door or window
of any Residence. All window coverings (including Temporary Window Coverings) shall be of a neutral
color harmonious with and not in confllict with the color scheme of the exterior wall surface of the Residence
or the Building in which the Residence is located).
7.28 Signs. No sign, advertising device or other display of any kind shall be displayed in a
Residential Lot or Condominium, except for the following.-
(a) entry monuments, community identification signs, and traffic or parking
control signs maintained by the Community Association or Sub-Association;
(b) for each Residential ILot or Condominium, one (1) nameplate or similar
Owner name or address identification which compilies with the Community Design Guidelines;
M for each Residential Lot or Condominium, one (1) sign advertising the
Residential Lot or Condominium for sale or lease that complies with the following requirements, subject to
California Civil Code Sections 712 and 713:
M the sign is a reasonable size as designated in the Community
Design Guidelines; and
(iiithe sign is in compliance with the Community Design Guidelines,
City requirements and Community Design Guidelines or is otherwise authorized by the Community Board,
(iii) inoincoimmercial signs permitted by California Civil Code
Section 4710; and
(iv) such other signs or displays authorized by the Community Board.
In addition to the foregoing, all signs must comply with all Applicable Laws.
7.29 Fences walls Etc. No fences,ornamental screens or walls of any nature shall be erected
or maintained on or around any portion of any structure or elsewhere within the Covered Property, except
those that are installed in accordance with the original construction by Declarant or a Guest Builder or as
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are authorized and approved in accordance with Article 8. In no event shall any fences or walls, installed
by Declarant or a Guest Builder be altered in any way unless such alteration has been approved in
accordance with the provisions set forth in Article 8 below. IIn no event shall any fencing or walls separating
portions of the Community and open space lots owned and maintained by the City or other Governmental
Agency, be modified or supplemented, removed, relocated or altered, unless such modification, removal,
relocation or alteration occurs in connection with repairing or replacing such fencing in accordance with the
City or other Governmental Agency and all other applicable Community Entitlements. All fences and walls
within the Community shall be installed and maintained as designated and specified in a Supplementary
Community Declaration.
7.30 Walls and Fences Located Adjacent to Open Space Areas. Walls and fences adjoining
the Open Space Area may not be modified or moved from the location originally installled by (Declaran�t or
Guest Builder. In no event may any such wall or fence encroach onto any Open Space Areas.
7.31 Landscaping. Pursuant to the requirements of the City,all front and rear yard landscaping
shall be installed within a Separate Interest within six (6) months, of the date of the conveyance of a
Residential Lot or Condominium to a First Purchaser. Each Owner shall submit an application for
landscaping in accordance with the requirements set forth in Article 8 for landscaping of front and rear
yards within three (3) months after the initial conveyance of the Separate Interest to the Owner from
Declarant or a Guest Builder. As required by the Community Entitlements, all proposed landscaping within
the Community Association Property shall require prior review to ensure plant palettes and irrigation
systems are designed to use water efficiently.
7.32 NoSubdivision of Residential Lots. No Residential Lot shall be further su�bdlivided nor
shall less than all of any such Residential Lot be conveyed by an Owner thereof. The Owners, other than
Declarant and Guest Builders of two (2) or more contiguous Residential Lots may apply to the Community
Design Review Committee for permission to use such Parcels as the site for a single Residence provided
such Owner shall continue to pay Community Assessments on both Residential Lot.
7.33 Compliance With Applicable Laws and Community Entitlements. The Community
Association, each ; u Association and each Owner shall comply with all Applicable Laws, Community
Entitlements and the Community Governing Documents.The Community Association Property,Community
Association Maintenance Areas,Offsite Maintenance Areas and each other portion of the Covered Property
shall be used and operated in accordance with the provisions of the Community Entitlements, the
Community Governing Documents and Applicable Laws.
ARTICLE 8
DESIGN REVIEW AND ARCHITECTURAL STANDARDS
To maintain the architectural integrity and to protect and preserve the value of the Community, the
Community Association is charged with the responsibility of architectural review over the Community. The
architectural review and approval process will help to protect the interests of the Owners in the Community.
The Community Association shall have the right to delegate any of its review and approval right set forth in
this Article 8 and the other Community Governing Documents to a Sub-Association, and in such case, the
role of the Community Association for design review shall primarily be an oversight role to ensure the
Community Standards, the City Design Guidelines and the Community Design Guidelines are being
implemented. If the Community Association does not delegate its approval rights, then to minimize, the
administrative burden on the Community Association, the applicable Sub-Association, and not the individual
Owners, will submit their applications directly to the Community Association on behalf of the Owners within
the Covered Property.
8.1 Non-Alicability to Declarant, Guest Builders . The Ipirovisions of this Article shall not
apply to any Improvements installed in the Community by the Declarant or Guest Builders and the
Community Association shall not have any rights of review or approval with respect thereto.
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8.2 Scope of Required Review of Plans for Improvgments.
8.2.1 Improvements Requiiriingl Approval. No construction, installation or alteration of
any Improvements in the Covered Property by a Sub-Association or Owner may be commenced until the
Plans therefor have been submitted to and approved in writing by the Community Design Review
Committee. If approval of the Community Association is required, complete plans and specifications,
showing the nature, kind, shape, scope, materials and any other information required by the Community
Association,the Community IDesigin Guidelines and the City(Design Guidelines("Plans")shall be submitted
to the Community Design Review Committee as provided below. The Community Association may require
the Plans to be submitted by a Sub-Association on behalf of Owners subject to the Sub-Association's,
jurisdiction. (Hlerein�, the Owner or Sub-Association submitting Plans is referred to as the "Applicant"').
8.2.2,1 Delegation to a Sub-Association. The Community Association shall have the
right, but not the obligation, to delegate its rights to review the Plans as provided in this Article 8 to a Sub-
Association which delegation may be conditioned) upon requirements imposed) by the Community
Association regarding the scope of review, reporting requirements to the Community Association and other
requirements deemed necessary by the Community Association. If the Community Association has
delegated its review powers, then the role of the Community Design Review Committee shall be limited to
ensure conformity of Plans to the Community Standards and any other requirements of the Community
Governing Documents. If the Community Association has,delegated such powers as provided above, and
the Community Association, in its sole discretion determines that the Sub-Association is not performing its
obligations and is not enforcing the Community Standards as it relates, to architectural review, then the
Community Association may revoke such delegation of architectural and design review iew and resume
performance of the review under this Article 8. To the extent the review rights have been delegated under
this Section or Section 8.3, references to the Community Design Review Committee shall, as the context
requires, refer to the Community Association or the Community Design Review Committee reviewing the
Plans.,
8.3 Corn�rnunlity Design Review CommUtee. The Community Association shall have the right
to establish the Community Design Review Committee and, in such case, approval of Plans by the
Community Association shall be completed Iby such Community Design Review Committee. The
Community Design Review Committee shall consist of not less,than three(3) members, each of whom shall
serve a term of three(3)years, and all of whom shall be appointed by(Declarant until the Declarant's Rights
Termination Date. Such rights, to approve the Community Design Review Committee shall continue until
the Declarant's Rights Termination Date or such earlier date as Declarant may relinquish its rights to appoint
the members of the Community Design Review Committee upon notice to the Community Association, at
which time the Community Association shall appoint the members of the Community Design Review
Committee.
8.3.1 Duties of the Community Design Review Committee. Unless the Community
Association has delegated its review rights as specified above, the Community Design Review Committee
shall consider and act upon any request submitted to it under the Community Governing Documents. It
shall also be the duty of the Community Design Review Committee to ensure compliance with the
architectural standards for the Community,,to administer and implement the Community Design Guidelines
and the City Design Guidelines and to perform other duties delegated to it by the Community Association
to ensure that any Improvements constructed within the Covered Property conform to the Plans approved
by the Community Design Review Committee and to carry out all other duties imposed upon it by the
Community Governing Documents. The Community Design Review Committee, in its own name and on
behalf of the Community Association, may exercise all available legal and equitable remedies to prevent or
remove any unauthorized or unapproved construction of Improvements within the Covered Property. If an
Owner does not comply with the procedures regarding submission of Plans, the Plans shall be deemed to
have not been submitted for review.
8.3.2 RelationsMP to Sub-Associations' Review. The Community Design Review
Committee may require that all Plans be approved by any Sub-Association having jurisdiction over the
applicable Residential Lot or Condominium before submitting the Plans to the Community Design Review
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Committee for review. To the extent the requirements imposed by the Community Design Review
Committee are more restrictive, such requirements supersede all conflicting requirements which may be
imposed by a Sub-Association. The Community Des gin Review Committee 11 s, determination of the
existence of a conflict or discrepancy between the requirements imposed by the Community Design Review
Committee and those imposed by a Sub-Association are binding and conclusive upon the Sub-Association
and any affected Applicant.
8.3.3 Qual ifications. The Community Design Review Committee members do not have
to be representatives, of Declarant or any of the Owners, and may be selected from architects, building
designers or other construction and design professionals licensed in the State of California. Upon death or
resignation or expiration of the term of any member of either Community Design Review Committee after
the Dleclarant's Rights Termination Date, the Community Board shallll appoint a successor.
8.3.4 Compensation. Members of the Community Design Review Committee may not
be paid compensation for their services on the Community Design Review Committee. If the Community
Design Review Committee retains a professional architect, engineer or designer or any other third party for
the purpose of providing professional services, the Applicant may be required to play the costs of such
services.
8.4 Com�rnuniity Design Guidelines. The Community Association may, from time to, time,
adopt, amend and repeal the Community Design Guidelines in accordance with California Civil Code
Section 4355, �t seg. The Community Design Guidelines shall not detract from or conflict with the
standards required by this Community Declaration. The Community Design Guidelines may impose
different guidelines for the different types of areas, in the Community.
8.4.1 Application Requirements. The Community Design Guidelines shalll set forth the
necessary documents to be submitted by the Applicant and the procedures for submitting the Plans and
the time periods for review. Unless otherwise waived in writing by the applicable Community Design Review
Committee, or as otherwise required in the Community Design Guidelines, the application shall include
Plans deemed appropriate by the Community Design Review Committee,, given the nature of the proposed
Improvements which adequately describe the proposed Improvements. The Community IDesigin Guidelines
shall set forth the specific requirements,for the submittal process and the Plans.
8.4.2 ApOlication Fee. The Community Design Guidelines may require that the
applicatioln be accompanied by a reasonable application fee to play for any out-of-pocket costs incurred by
the Community Design Review Committee in reviewing any Plans. This fee may )include the cost of
retaining outside consultants for purposes of assisting the Community Design Review Committee in
reviewing the Plans and inspection of the Improvements,. If, during the review process, the Community
Design Review Committee determines that additional fees will be necessary to cover additional out-of-
pocket costs, the Community Design Review Committee may require the Applicant to advance any
additional fees before the review can be completed.
8.4.3 Guidelines land Varianclea. The Community Design Guidelines may include
guidelines for any proposed work that are not inconsistent with any use restrictions contained in the
Community Governing Documents, the Community Entitlements or Applicable Laws. The Community
Board, from time to time and upon request from the Applicant after review and approval by the Community
Design Review Committee, may grant variances from any guidelines, established by the Community
Association, so Ilongl as such variances are not inconsistent with the approved Community Entitlements,
City Design Guidelines, and Applicable Laws.
8.4.4 Headnc
is. If the Community Design Review Committee, in its sole discretion,
elects to conduct a hearing on an application (including with respect to issues which may arise during
construction), reasonable notice of the time, place and proposed agenda for the Community Design Review
Committee hearing shall be distributed prior to the date of a hearing to any Applicant whose application is
scheduled to be heard. The Applicant shall be entitled to appear at the hearing and to be heard on the
matter, and may be accompanied by the Applicant's ar6hitect, engineer and/or contractor. Although the
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Sub-Associations within the Covered IPropeirty shall submit all applications on behalf of the Owners subject
to its jurisdliction, for the purpose of any such hearings, the Owner requesting the alteration and/or the
Owner's design professional shall be entitled to attend such meetings.
8.4.5 Preliminary Approval Procedures. The Community IDesigin Review Committee
may, but shall not be required to,, adopt procedures for preliminary approval to enable Applicants who are
proposing to make improvements an opportunity to obtain guidance and comments, from the Community
Design Review Committee prior to the expenditure of substantial sums on completed Plans. Preliminary
approval shall be granted if the Community Association, in its sole discretion, determines that it would
approve final Plans. If adopted,the procedures for preliminary approval shall be set forth in the Community
Design Guidelines. The appllicable Sub-Association shall be responsible for submitting any applications for
preliminary approval on behalf of an Owner that is subject to its jurisdiction.
8.4.6 Rights of Disabled. Subject to the provisions of this Article 8, each Owner may
modify such owner's Separate Interest and the route over the Community Association Property leading to
the front door of its, Separate Interest, at such Owner's sole, expense, to facilitate access to its Separate
Interest by persons who,are Ibllind, visually impaired, deaf or physically disabled, or to alter conditions which
could be hazardous to,such Persons in accordance with Applicable Laws.
8.5 interpretation and Appeal. All questions of interpretation or construction of any of the
terms or conditions herein shall Ibe resolved by the Community Design Review Committee, or if on appeal,
by the Community Board, and the decision of the Community Board shall Ibe final, binding and conclusive
on the Applicant and all of the parties affected. If the Community Design Review Committee disapproves
any Plans subm�itted pursuant to this Article, the Applicant submitting the disapproved application may
appeal in writing to the Community Board. The Community Board must receive the written request for
appeal not more than thirty (301) days following the final decision of the Community Design Review
Committee., Within sixty(60)days following receipt of the written request for appeal,the Community Board
shall render its written dlecision. If the Community Board fails to render a written decision within such sixty
(60) day period and the Applicant delivers a notice to the Community Association stating specifically that
the Community Association has failed to, render a written decision within such sixty (60) day period
("'Reminder Notice")and the Community Association fails to render its decision within thirty(30) days,after
receipt of the Reminder Notice, then the Community Association shall be deemed to have rendered a
decision in favor of the Applicant.
8.6 Performance of Construction. The Applicant shall, for any work for which approval has
been obtained, perform its construction (a) in accordance with Plans approved under this Article, (b)with
due diligence and in a good and workmanlike manner in accordance with good construction practices, (c) in
accordance with practices observed in similar communities, (d) in compliance with all Appilicable Laws, the
Community Governing Documents and any express conditions to the approval of such construction work
imposed by the Community Design Review Committee. A Sub-Association shall be responsible to ensure
compiliance by the Applicant with all requirements of this Article 8 and the Community Governing
Documents. If required by the Community Association or Community Design Review Committee, each
Applicant shall irequire any contractors and subcontractors performing such construction activities within
the Community to carry appropriate liability insurance,, which names the Community Association and the
applicable Applicant as an additional insured and shall provide a certificate of such coverage to the
Community Association prior to the commencement of such construction. In so performing such
construction, the Applicant shall refrain from allowing any accumulation of refuse on the balance of the
Community and shall not unreasonably interfere with any other construction being performed by other
Applicants with respect to their construction. Any construction performed shall not unreasonably or
materially impair ingress to the Community and shall not unreasonably disrupt operations of the Owners in
the Community.
8.7 Inspection and Correction of Work. The Community Design Review Committee shall
have the rights to lienspect and to require that an Owner correct work as set forth in the Community Design
Guidelines.
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8.8 Conflict With Applicable Laws. In the event there is, any conflict between the
requirements or actions of the Community Design Review Committee and any Applicable Laws, the
Applicable Law, to the extent that it is more restrictive, shall control and the Community Design IRevew
Committee shall modify its requirements or actions to conform to the Applicable Laws; provided, however,
that if the Applicable Laws is less restrictive, the provisions, of this Community Declaration and the
Community Governing Documents shall nonetheless apply. The application by an Applicant for review and
approval by the Community Design Review Committee of any Plans or other submittals, by such
Constructing Owner shall in no way be deemed to be satisfaction of compliance with any Applicable Laws,
and each Constructing Owner shall obtain all approvals and permits required by the City or other
Governmental Agency prior to commencing construction on its Improvements.
8.9 Waiver. The approval by the Community Design Review Committee of any plans,
drawings or specifications for any work done or proposed, or for any other matter requiring the approval of
the Community Design Review Committee under this Community Declaration, shall not constitute a waiver
of any right to withhold approval of any similar plan,drawing, specification or matter subsequently submitted
for approval.
8.10 EstoppeI Certificate. Within forty-five (4 5)days after a written request is delivered to the
Community Association by the Applicant, and upon payment of any fees as may be imposed by the
Community Board, the Community Board shall deliver an estoppel certificate, executed by the Community
Board stating that as of the date thereof,either: (a) all Improvements completed by the Constructing Owner
compily with this Community Declaration and the other Community Governing (Documents, or (b) such
Improvements do not so com�pilly, in which event the certificate shall also identify the non-complying
Improvements and set forth with particularity the basis of such non-compliance. Any purchaser or other
Person requesting the certificate shall be entitled to rely on such certificate with respect to the matters
therein set forth, such matters being conclusive as between the Community Association and Applicant.
8.1111 Liability. The Community Board, the Community Design Review Committee, and any
member of either or consultant retained by any of the foregoing, shall not be liable to the Community
Association or to any Applicant for any damage,i loss or prejudice suffered or claimed on account of: (a) the
approval or disapproval of any Plans, whether or not defective; (b) the construction or performance of any
work,whether or not pursuant to approved Plans; (c)the lienspection of any work; (d) damage to any property
within the Community; or(e)the execution and delivery of an estoppel certificate pursuant to Section 8.1 0,
whether or not the facts therein are correct; provided, however, that the Community Board member or the
Community Design Review Committee member has acted in good faith on the basis of such information as
may be possessed by him or her.
8.12 Notice of Non-Com Bance or Non-Completion. Upon completion of any construction or
reconstruction or the alteration or refinishing of any Improvements, or upon the completion of any other
work for which approved Plans are required under this Article, the Owner shall give written notice of
compiletion thereof to the Community Board,.Within thirty(30)days after receiving notice of completion, the
Community Board,or its duly authorized representative, shall have the right to enter into a Separate Interest
(but not the interior of the Residence situated therein),, as, provided in Section 8.71, to inspect the
Improvements to determine whether they were constructed or installed in substantial compliance with the
approved Plans. If the Community Board finds that such construction or installation was not done in
substantial compliance with the approved Plans, it shall notify the Owner in writing of such noncompliance
within such thirty (30) day period, specifying particulars of noncompliance, and shall irequire the Owner to
remedy such noncompliance. If an Owner fails to remedy such non-compliance within thirty(30)days after
the date of notification of noncompliance, the Community Board, after affording the Owner the required
Notice and Hearing, shall determine whether there is a noncompliance, and if so, the nature thereof and
the estimated cost of correcting or iremoviing the same. If noncompliance exists, the Community Board shall
require the Owner to remedy or remove the same within a period of not more than thirty(30) days from the
date of the Community Board ruling. If the Owner does not comply with the Community Board ruling within
such period or within any extension of such period as the Community Board in its discretion may grant, the
Community Board at its option may either remove the non-complying Improvement or remedy the
noncompliance, and the Owner shall reimburse the Community Association for all expenses incurred in
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connection therewith upon demand. If such expenses are not promptly repaid Iby the Owner to the
Community Association, the Community Board shall levy a Compliance Assessment against such Owner
for reimbursement.
8.112.1 failure to (Nat fy. If for any reason the Community Board fails to notify the Owner
of any noncompiliance within sixty (60) days, after receipt of the notice of completion from the Owner, the
Improvements shall be deemed to be in accordance with said approved Plans. Any purchaser or holder of
a Mortgage on any portion of the Covered Property shall Ibe entitled to rely upon such deemed compliance.
Notwithstanding the foregoing, the provisions of this Section 8.12 shall not apply to any Owner who has
not obtained the approvals required under this Article 8.
ARTICLE 9
DEVELOPMENT AND OTHER RIGHTS
Given the size and diversity of the Community, development will extend over a long period of time.
Declarant requires certain rights to enable Declarant, the Declarant Parties and the Guest Builders to
complete development, marketing and construction for the benefit of all of the Community. This
Article describes some of those rights which are in addition, to other rights reserved to Declarant, the
Declarant Parties and Guest Builders under this Community Declaration and the other Community
Goveming Documents.
9.1 Dieclarant, Guest Builder and Owner Ri Declarant, Declarant (Parties, and Guest
Builders are undertaking the work of developing, constructing and mar eti�ngl the Community. The
compilletion of the development work and the marketing, sane, rental and other disposition of the Separate
Interests is essential to the establishment and operation of the Covered Property and the Annexable
Property in a master planned community. In order that the work may be completed and the Community be
established and operated as an integrated community in accordance with Declarant's time frames, nothing
in this Community Declaration shall be interpreted to deny Decllarant, Declarant Parties or Guest Builders
the rights set forth in this Article or any other rights, set forth in this Community Declaration or the other
Community Governing Documents.
9.2 Access. Declarant, and to the extent approved in writing by the Declarant and Guest
Builders and each of their agents, employees and contractors shall have the right to obtain reasonable
access over and across the Covered Property as is reasonably necessary or advisable in connection with
the completion of the construction, marketing, operation, sale and leasing of the Community.
9.3 Construction. Declarant, and to the extent approved in writing by Declarant, Guest
Builders and their agents, employees and contractors shall have the right to erect, construct and imaiintain
the Community Association Property, Community Association Maintenance Areas and Residences and
other Improvements as may be necessary to accommodate the construction of the Residences and
Improvements within the Community and to maintain construction equipment and personnel in and on the
portions of the Covered Property owned by Declarant or the Guest Builders,. The rights of Guest Builders,
shall be subject to any limitations as may be imposed by Declarant. Such rights, may include the right to
close off areas to pedestrian and vehicular traffic and the right to store equipment, place construction trailers,
and create staging areas.
9.4 Markefing Rliqhts. Subject to the limitations of this Community Declaration and Applicable
Laws,, Declarant, any Declarant Party and, with the prior consent of Declarant, Guest Builders shall have
the right to:
9.4.1 maintain structures (including model homes), signs, billboards, banners, sales
offices, storage areas and related facilities on any portion of the Covered Property as are necessary or
reasonable, in the opinion of Declarant, or with the prior approval of Declarant, a Giuest Builder for the sale,
leasing or disposition of any Separate Interest;
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9.4.2 use such portions of the Covered Property as may be necessary or advisable to
complete the sale or leasing of the Separate Interests;
9.4.3 maintain construction, (leasing and/or sales offices within the Covered Property and
parking areas for employees, agents and prospective buyers and Lessees;
9.4.4 place sign,flags, banners, balloons and other promotional advertising materials on
the Community Association Property, Community Association Maintenance Areas, Residences and other
portions of the Covered Property during the marketing and leasing of Residences or any grand opening;
9.4.5 provide ongoing maintenance, operation, service, construction, punch out, and
repairs to any portion of the Covered Property;
9.4.6 increase or decrease the number of Residences or change the appearance of
portions or all of the Covered Property, or change the development plan if Declarant or the applicable Guest
Builder (with the prior consent of Declarant), complies with Applicable Laws and the Community
Entitlements;
9.4.7 enter within or upon the Covered Property in exercising) the inspection and cure
rights granted to Declarant or a Giuest Builder under any other warranty rights;
9.4.8 make reasonable use of the Community Association Property and facilities for the
sale of any Separate Interest; and
9.4.9 conduct their business of disposing of any Separate Interest by sale, lease or
otherwise.
9.5 Approval of Signage. Until the Declarant's Rights Termination Date, Declarant shall have
the right to approve all signage placed on any Community Association Property or Community Association
Maintenance Areas.
9.6 Title Rights. This Community Declaration shall not be construed to constitute a limitation
on Declarant's or a Guest Builder's title rights to the Annexable Property prior to its Annexation, nor shall it
impose any obligation on Declarant or any other Person to improve, develop or annex any 1poirtion of the
Annexable Property. The rights of Declarant under this Community Declaration may Ibe assigned (in whole
or in part) to any successors) by an express assignment in a recorded instrument, including, without
limitation,, a deed. This Community Declaration shall snot be construed to limit the right of Declarant at any
time prior to such an assignment to establish additional licenses, reservations and riglhts-of-way to itself, to
utility companies or to others as may be Treasonably necessary to the proper development and disposal of
property owned by Declarant.
9.7 Dieclarant Rep esentative. Until the Declarant's Rights Termination Date,the Community
Association shall provide Declarant with written notice of all meetings of the Community Board and
Declarant shall be entitled,without obligation,to have a representative present at all such Community Board
meetings ("De+ clarant's Representative"). The Declarant's Representative shall be in addition to any
member which the Declarant may have on the Community Board and, if Declarant elects to have an
additional representative, the Declarant's Representative may be present in an advisory capacity only and
shall not be a Community Board member or have any right to vote on smatters coming before the Community
Board.
9.8 Formaflon of Sub-Association oar Speciall Benefit Area. Until the Declarant's Rights
Termination Date, neither the Community Association nor any Owner or Guest Builder, without the prior
written consent of Declarant, shall (a)form an association (as defined in Section 4080 of the California Civil
Code)to manage any portion of the Covered Property or(b) create a Special Benefit Area.
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9.9 Declarant and Guest Builder ExernpUon. The development,construction, imarketiing and
sales activities of Decllarant and each Guest Builder are exempt from the covenants, restrictions and
limitations set forth in this Declaration to the extent provided for herein and subject to any approvals required
to be obtained from IDeclarant or any other limitations on the rights of Guest Builders and none of the
covenants, restrictions and limitations set forth in this Article or elsewhere in this Community Declaration
shall be construed in such a manner as to prevent or limit development, construction, marketing, leasing or
sales activities by any Declarant or Guest Builder. This Section shall not be amended or removed without
Declarant's prior written consent until the Declarant's Rights Termination Date.
9.110 Architectural Review Exemi2tioln. Declarant, Guest Builders, and any Person to whom
Declarant may assign all or a portion of its exemptions under this Community Declaration need not seek or
obtain Community Design Review Committee approval of any Improvements constructed anywhere on the
Community by Declarant, Guest Builders, or such other Persons. Declarant may exclude portions of the
Community from jurisdiction of the Community Design Review Committee in a Supplementary Community
Declaration. Declarant may,at its,option, establish an independent design review committee for any portion
of the Covered Property exempted from the jurisdiction of the Community Design Review Committee.
9.11 Use Restriction Exemptiom Declarant, Guest Builders, and any Person to whom
Declarant has assigned all or a portion of its, rights as Declarant under this Community Declaration are
exempt from the restrictions established in Article 7.
9.12 Exclusive Rights to Use Name of Communit Declarant(and/or other(Declarant Parties
and assignees of Declarant) has the exclusive rights to use the name ""Geta Vera" and all similar or
derivative names, along with all associated trademarks entity names, domain names, and logos. Except
as provided below, no Owner, Permitted User or other Person shall use such trade names, entity names,
or service marks regardless of their interest in the name "CoMa Vera,"for advertising or any other purpose
in any promotional material, whether printed, audio, video, incorporated into a domain name or otherwise,
in any signage, or in any logo or depiction without the prior consent of the Person who owns such mark,
except that a Person operating a business within the ""Geta Vera" Community may use the name "Co5ta
Vera" as necessary to designate the location of the Person's business. In addition, any name or logo to be
used in connection with or displayed on any Community Signs, or in any sales, rental, or other materials or
documentation related to the use of the Covered Property, shall be subject to Declarant's prior written
consent and shall not contain copyrighted information from Declarant's website or its logos in such sales
materials. Such approval may be given or withheld in Declarant's discretion and may be subject to such
terms and conditions as Declarant deems appropriate.
9.13 Publicity Release. Each Owner shall be deemed to have agreed that photographs or film
footage taken of participants at any sponsored event for the Community may be subsequently used by
Declarant or a Guest Builder (with the prior approval by Declarant or a Guest Builder) and any other
Declarant Party (and their respective Affiliates, legal representatives, agents, and assigns)for commercial
purposes in advertising, imarketing and public relations materials,, including, without limitation, newsletters,
community calendars, welcome centers, and websites published or sponsored by IDeclarant or any
Declarant Party. In addition, Iby attending sponsored events for the Community, each Owner(and any other
Person bound by this Community Declaration)acknowledges and agrees to allow such use and waives any
right to pre-appiroval, royalties or other compensation arising from or related to the use of such photographs
or film footage, which shall remain the sole copyrighted property of Declarant and/or the Community
Association.
9.14 Photo rah of Residence and Other Buildings. Each Owner hereby consents to
having the exterior of any Residence and other Buildings owned by such Owner constructed within the
Community photographed by professional photographers contracted by Declarant or any Declarant Party
or with the prior consent of Declarant or a Guest Builder or their designees, and agrees that such
photographs may be used by Declarant, a Declarant Party or a Guest Builder in advertising and marketing
materials and also may Ibe used to demonstrate design guideline principles applicable to structures
constructed at the Community. All such photographs and all such uses shall be at no cost to such Owner
and such Owner shall allow such uses free of charge and without compensation. The photography crew
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shall have the right to enter onto the exterior of the relevant Separate Interest on the day of the photography
session to condlu�ct its work.
9.15 Amendme�nt. The provisions of this Article may not be amended without the consent of
Declarant and, if approved in writing by Declarant, the prior consent of any Guest Builder, for so long as
Declarant or such Guest Builder owns any portion of the Covered Property or the Annexable Property.
9.16 Supp1ementary Community Declarations. Declarant may, until the Declarant's Rights
Termination Date, record Supplementary Community Declarations, without the consent of any Owner or
Sub-Association for any of the purposes for which a Supplementary Community Declaration may be
recorded. The Community Association may also record Supplementary Community Declarations for any
of the purposes for which a Supplementary Community Declaration may be recorded with the prior consent
of Declarant until the Declarant's Rights Termination Date.
ARTICLE 10
INSURANCE
This Article describes the obligations of the Community Association and the Owners
regarding insurance.
10.11 Commu�nitv Association's Insurance Obligations.
10.1.1 'Liabilitv Insurance. The Community Association shall obtain and maintain a
comprehensive general liability and property damage insurance policy providing coverage at least as broad
as a current ISO general liability insurance form or its equ I ivalent(including coverage for medical payments
and coverage for owned and non-owned automobiles, if applicable), insuring the Community Association,
Declarant (as long as Declarant or a Guest Builder is the Owner of any portion of the Covered Property or
the Annexable Property and/or has any rights under Article 91)and the Owners against liability arising from
the ownership, operation, maintenance and use of the Community Association Property, Community
Association Maintenance Areas and/or Offsite Maintenance Areas by the Community Association and the
performance by the Community Association of pits duties under this Community Declaration. Coverage for
such matters shall be primary to any coverage provided by any other liability insurance policy maintained
by such insureds. The limits of such insurance shall snot be less than three million dollars ($3,00,01,0010-00)
covering all claims for death, personal injury and property damage arising out of a single occurrence. The
aggregate limit will not be less than two times the Combined BI/PD"per occurrence" Limit of Liability,, or not
less than $6,000,000. The insurer issuing such insurance shall have ratings by A.M. Best of"A-, Class Vil"
or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance policy
shall at all times meet or exceed the minimum requirements of California Civil Code Section 5805. Such
insurance shall include a broad form named insured endorsement, if reasonably available, and may include
coverage against any other liability customarily covered with respect to properties similar in construction,
location and use, all as may be determined by the Community Board. Such policy shall include, if
reasonably available as, determined by the Community Board,, a cross-liability or severability or interest
endorsement insuring each insured against liability to each other insured. In addition to the foregoing, such
insurance shall include the following additional provisions Ipirovided they are available on a commercially
reasonable basis:
(a) The City of Chula Vista shall be named as an Additional Insured to such
insurance on a primary basis, and the Additional Insured Endorsement shall not exclude
products/completed operations hazard pursuant to the City's requirements to the Community Association
to do so;
(b) The policy shall not contain a cross-suit exclusion clause which would
abrogate coverage should litigation ensue between insureds; and
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M The policy shall contain the following severability clause (or language
which is substantially the same): "The coverage shall apply separately to each insured except with respect
to the limits of liability" Section 110.1.1 may not be amended without the written consent of the City Attorney
and IDevelolpment Services Director."
The Community Association shall provide the City with a Certificate of Insurance, and Additional
Insured Endorsement designating, "City of Chula Vista", upon procurement of the policy as set forth above.
10.11.2 Property Insurance. The Community Association shall obtain and maintain
property insurance for the risks covered by, and providing coverage at least as broad as, a current ISO
"special form" pollicy or its equivalent, insuring.: (a) all Improvements upon, within or comprising the
Community Association Property, Community Association Maintenance Area, Offsite Maintenance Areas
and any other areas to be maintained, repaired or replaced) by the Community Association; and (b) all
personal property owned or maintained by the Community Association. Such insurance slhallll be maintained
in the amount of the maximum insurable replacement value of the property to be insured thereunder as
determined annually by the Community Board. Such coverage may exclude land,foundations,excavations
and other items typically excluded from property insurance coverage on properties, similar in construction,
location and use.
(a) Course of Construction. Whenever any Improvements required to be
insured by the Community Association are in the course of construction, the insurance required under this,
Section, to the extent appropriate, shall Ibe carried by the Community Association in builder's risk form
written on a completed value basis, insuring against loss to the extent of at least the full replacement value
of the insured property (excluding foundations and)footings, except for earthquake coverage)of that which
is being covered.
(b) Plament of Insurance Proceeds. Subject to the rights of Mlortgagees,
the proceeds from such property insurance sh�alll be playable to the Community Association or an insurance
trustee ("'Trustee" or "Insurance 'Trustee") to be held and expended for the benefit of the Community
Association. The trustee shall be a commercial bank or other financial institution with trust powers in the
County in which the Community is located that agrees in writing to accept such trust. If restoration is,
authorized, the Community Association will have the duty to contract for such work as provided for in this
Community Declaration.
M Primary. With respect to all real and personal property to be insured by
the Community Association under this Community Declaration, the property insurance maintained Iby the
Community Association shall be primary and noncontriibutingi with any other property insurance maintained
by an Owner covering the same loss.
(d) Endorsements. The property insurance policy shall contain,to the extent
available on commercially reasonable terms as may be determined by the Community Board, the following
endorsements or their equivalents- agreed amount, boiler and machinery(to the extent applicable), inflation
guard, ordinance or law, replacement cost, and such other endorsements as may customarily be obtained
with respect to properties similar in construction, location and use, as may be determined by the Community
Board.
(e) Adjustment of Losses. The Community Association shall timely file,
pursue and complete the adjustment of all claims arising under the property insurance policies carried by
the Community Association. Tlhe Community Board is appointed attorney-in-fact Iby each Owner to
negotiate and agree on the value and extent of any property damage under any policy carried by the
Community Association. The Community Board is granted full right and authority to compromise and settle
any property damage claim under any policy of Iprolperty insurance carried by the Community Association
or to enforce any such claim by legal action or otherwise, and to execute releases in favor of any insurer
with respect to any such claim.
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(f) Waiiveir of Glairns and Subrogation. The Community Association waives
all claims against the Owners for any damage to the real and personal property that the Community
Association is obligated under this Community Declaration to insure (including without limitation, any loss
of use of such property), except that the Community Association may claim against an Owner for property
damage caused by that Owner to the extent that the damage is s within the amount of the deductible or self-
insured retention, or such damage is caused by the negligence or willful misconduct of that Owner. Any
property insurance policy obtained by the Community Association must contain a waiver of subrogation
rights by the insurer consistent with this Section; provided, however, that a failure or inability of the
Community Association to obtain such a waiver from an insurer shall not defeat or impair the waivers
between the Community Association and the Owners as set forth herein., If an Owner is (liable for damage
under this Section, the Community Association may, after Notice and Hearing, levy a Compliance
Assessment equal to the cost of repairing the damage or any insurance deductible paid under the
Community Association's insurance policy, as applicable, and the increase, if any, in insurance premiums
directly attributable to such damage. The waivers of claims and subrogation set forth in this
subsection apply only in favor of the Owners and do not limit or waive, release or discharge any claims that
the Community Association (or its insurers) may have against any third party, ncludingi without limitation
any contractor, service provider, agent, or IPermitted User, provided that such waivers shall also appily in
favor of a Lessee if and to the extent that the Owner has similarly agreed in such lease agreement to a
waiver of claims and subrogation against such Lessee.
10.11.3 Crime Insurance or Fidelity Bond. The Community Association shall imaintain a
commercial crime policy, including coverage for funds transfer, fraud and corruption fund in an amount
decided to be adequate by the Community board or a fidelity bond in an amount equal to the greater of:
(a)the estimated maximum of funds, including reserves, expected to be reglularly held by or on behalf of
the Community Association or a managing agent at any given time during the term of the fidelity bond; and
(b)three (3) months' aggregate of the Regular Assessments on all Separate Interests plus any reserve
funds. If the Community Association maintains a bond, the bond shall name the Community Association
as obligee and if the Community Association maintains insurance, the policy shall name the Community
Association as the insured and shall insure against loss by reason of the acts of the employees of the
Community Association, and any managing agent and its, employees, whether or not such persons are
compensated for their services.
10.11.4 Worker's Come�nsatiion Insurance. The Community Association shall maintain
worker's compensation insurance to the extent necessary to comply with all Applicable Laws.
10.1.E 'Directors and Officers Insurance. The Community Association shall maintain a
policy insuring the Community Association's officers and directors against liability for their acts or omissions
while acting in their capacity as officers and directors of the Community Association. The limits of such
insurance shall be not less than Two Million Dollars ($2,000,000)and shall at all times imeet or exceed the
minimum requirements of California Civil Code Section 5800.
10.11.6 General Po is Requiireirnents. All insurance policies the Community Association
is required to obtain pursuant to this Article shall be placed and maintained with companies rated at least
"A-/VlI" by A.M. Best Insurance Service and otherwise reasonably satisfactory to the Community
Association. If an A.M. Best rating is not available, a comparable rating service may be used. Such
insurance policies may have reasonable deductible amounts comparable to those customarily maintained
with respect to properties similar in construction, location and use,as may be determined by the Community
Board. The coverage amounts required for such insurance policies may be satisfied by any combination
of primary and excess policies that collectively serve to satisfy the requirements of this Article.
10.1.7 C opies of Policies. Copies of'all insurance policies of the Community Association
shall be retained by the Community Association and open for inspection by Owners at reasonable times.
All such insurance policies shall provide that they shall snot be cancelable or substantially modified by the
insurer without first giving at least thirty(301)days,prior notice in writing to the Owners and Eligible Mortgage
Holders,except that ten (1 Cl) days prior written notice shall be required if the cancellation is for non-payment
of premiums. In addition to the foregoing, the Community Association shall provide to the Owners such
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information regarding the linsurance of the Community Association as may be required by Applicable (Laws
or under the Community Bylaws.,
10.11.8 Compflance, with Federal RegWations. Notwithstanding any other provisions
contained herein, the Community Association shall continuously maintain in effect such casualty,flood and
liability insurance and a fidelity bond meeting the minimum insurance and fidelity bond requirements
established by Federal Agencies, so long as any of the above is a Mortgagee or an Owner of a Separate
Interest, except to the extent such coverage is not available or has been waived in writing by the Federal
Agencies as applicable. If the FNMA or FHLMC requirements conflict, the more stringent requirements
shall be met.
10.2 Compliance With Insurance Reggu�irements in Documents of Record. The Community
Association shall obtain insurance as required by any document of record affecting the Community
Association Property, Community Association Maintenance Areas or offsite Maintenance Areas including,
without limitation, any insurance required under the City Agreements. Each Owner shalll obtain insurance
as required by any document of record affecting such Owner's Separate Interest, including, without
limitation, any insurance required under the City Agreements or any Neighborhood Declaration.,
10.3 Review of Insurance. At least once every year, the Community Board shall review the
adequacy of all insurance required by this Community Declaration to, be maintained by the Community
Association. The review shall include a reasonable determination of the replacement cost of all real and
personal property required to be insured Iby the Community Association in accordance with Section 10A
of this Community Declaration without respect to depreciation.
10.4 Communiltv Association's Authority to Revise Insurance Req�uuirements. Subject to
any statutory insurance requirements, the Community Association shall have the power and right to adjust
and modify the insurance requirements set forth herein to require coverage and protection that is
customarily carried by and reasonably available to prudent owners and Community Associations of projects
similar in construction,1 location and use. If the Community Association elects to materially reduce the
coverage required to be maintained by the Community Association from the coverage required in this
Article, the Community Board shall make all reasonable efforts to notify the Owners and Mortgagees of the
reduction in coverage and the reasons therefore at least thirty (30) days prior to the effective date of the
reduction. The Community Association, and lits directors, and officers, shall have ono liability to any Owner
or Mortgagee, if after a good faith effort, the Community Association is unable to obtain one or more of the
insurance coverages required hereunder to the extent the insurance is no longer available,, or, if available,
the insurance can be obtained only at a cost that the Community Board, in its sole discretion, determines
is unreasonable under the circumstances,or if the Owners fail to approve any assessment increase needed
to fund the insurance premiums,.
ARTICLE 11
DESTRUCTION OF IMPROVEMENTS
This Article addresses what happens in the event of any damage or destruction,to a portion of the
Covered Property. It is the intent of this Article that if there are sufficient insurance proceeds or, to the
extent approval is required herein if the Members elect to impose a Special Assessment to pay the costs
of any shortfalls in the insurance proceeds or elect to adopt an alternative,plan of reconstruction so that the
rebuilding can occur, that the Community Association have the responsibility and obligation to repair and
restore the damaged Improvements.
11.1 Repair and Reconstruction of Damaged Communit Association Insured Prope
Project Im rovernents. Except as otherwise stated in this Article 11, if any of the Community Association
Insured Property is damaged or destroyed by fire or other casualty,the Community Association shall effect
or cause the Repair as defined below) in accordance with the requirements set forth in this Article 11. As
used in this Article 11, the term or "R paired" refers to any repair, restoration, reconstruction or
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replacement of the Improvements and any other portions of the Community Association Insured Property,
consistent with the Community Standards.
11.11.1 Insurance IProceeds Adequate. If the cost of repair ngi or rebuilding does snot
exceed the amount of insurance proceeds initially offered or paid by the insurance carrier by more than ten
percent(10%) of the cost of reconstruction then the followings shall apply:
(a) Insurance Trustee. All insurance proceeds shall be paid to a commercial
bank or trust company("(Insurance Trustee")designated by the Community Board to be held for the benefit
of the Community Association and the Owners and their First Mortgagees, as their interests shall appear.
(b) Special Assessments. The Community Board shalll levy a Special
Assessment against the Owners in the same manner as provided in Article 6 equal to the difference
between the cost of repairing or rebuilding and the amount of available insurance proceeds, which sums
shall be payable into the fund held by the Insurance Trustee.
(c) Repair and Reconstruction. When the amount held by the Insurance
Trustee is sufficient to pay the costs of repair and reconstruction, the Community Board shall thereupon
contract for the repair or reconstruction of the Improvements, paying the cost of such work from the amount
held by the Insurance Trustee, said repair or reconstruction to be for the purpose of returning the
Improvements substantially to their appearance and condition immediately prior to the casualty.
(d) Changes in Conditions. The Community Association may rebuild such
damaged or destroyed common facilities in a different manner, or in a different location in proximity to the
Community Association Property, Community Association Maintenance Area, or Offsite Maintenance Area
provided that such Community Board action shall require consent of at least a majority of the Community
Board., If the Community Board cannot reach such a majority decision, any such change shall require the
vote or written assent of a Majority of the Voting Power. In any event, if such changed plans require
additional capital so as to constitute a Caplital Improvement Assessment,the written assent of the Members
representing at least a majority of the Voting Power must be obtained if so required by Article 5 of this
Community Declaration. Notwithstanding the foregoing, if the damage or destruction affects only portions
of a Special Benefit Area, the vote or written consent on behalf of the Owners within the applicable Special
Benefit Area shall be required.
11.11.2 Insurance, ()Proceeds IInadequate. If the cost of such repairing or rebuilding
exceeds the amount of available insurance by more than ten percent (10%) of the cost of reconstruction,
then all insurance proceeds shall be deposited as provided in Section 11.1.1(a) the Community Board shall
levy a Special Assessment and such damage and destruction shall constitute an Emergency under
Section 6.1 0.1 and therefor the limitations set forth in Section 6.10 shall not appily. Any deductibles
required to be paid by the Community Association as the result of a casualty event shall also be deemed
to be an Emergency for purposes of Section 6.10.1 and the limitations set forth in Section 6.10, shall not
apply. Any decision regarding whether to levy a Special Assessment shall be made as soon as reasonably
practical after the Community Association determines that insurance proceeds are not adequate to
complete the Repair but not later than ninety (90) days after the Community Association determines that
the insurance proceeds are snot adequate to complete the Repair. Notwithstanding the foregoing, lif the
damage or destruction affects only portions of a Special Benefit Area,, the vote or written consent of only
Members within such Special Benefit Area shall be required. If the Members determine not to levy such
Special Assessment, then the Community Board shall use the insurance proceeds available to make such
restoration or repair as soon as reasonably possible or to clear the site of the damaged premises and
complete such repairs as the Community Board deems appropriate and the costs thereof shall be paid for
with the insurance proceeds. Any deficiency may be funded by a Special Assessment in an amount
determined by the Community Board. In the event any excess insurance proceeds Tremain,i the Community
Board, in its sole discretion, may iretain such sums in the general funds of the Community Association or
distribute pro-rata all or a portion thereof to the Members,, subject to the prior rights of Mortgagees whose
interest may Ibe protected by insurance policies carried by the Community Association. The rights of the
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Owners and the Owner's Mortgagees, if any, as, to such pro-rata distribution shall be governed by the
provisions of any Mortgage encumbering such Separate Interest.
11.11.3 Restoration of Residence and Other Buildings. In the event of partial or total
damage or destruction of any Residence or other Building within the Covered Property (other than a
Residence or other Building within the Community Association Property), the responsible Sub-Association
or Owner shall either:
(a) diligently commence to rebuild the same, if the insurance proceeds and
other funds available to the Sub-Association or Owner are sufficient to pay the costs of such rebuilding; or
(b) if there are not sufficient funds to rebuildl, clear and level the Separate
Interest, remove all wreckage,foundations, slabs, debris and remains of the uild'ingl or Buildings therefrom
and leave the same in a level, clean andl landscaped condition.
Unless otherwise approved by any Community Design Review Committee (except for
Improvements rebuilt by Diecllarant or a Declarant Party or a Guest Builder which shall be exempt from such
review), upon reconstruction,the Improvements shall be rebuilt substantially in accordance with the original
plans and specifications, the exterior appearance thereof shall substantially resemble the appearance in
form and color prior to such damage and destruction.
11.11.4 Repairs Under Sub-Association Declarations. IEach Sub-Association
Declaration shall provide procedures and standards for repair or reconstruction of damaged or destroyed
property, subject to the jurisdiction of a Sub-Association.
ARTICLE 12
EMINENT DOMAIN
The City or other Governmental Agencies can exercise rights of eminent domain that allow the City
or other Governmental Agencies to "take"all or a portion of the Community. This Section describes what
happens if a taking of all or a portion of the Community Association Property occurs.
12.1 Condemnation. The term "taking"' as used in this Article shall mean condemnation by
eminent domain or sale under threat of condemnation. In the event of a threatened taking of all or any
portion of the Community Association Property or if any action is brought to condemn all or any portion of
the Community Association Property or a sale of all or a part thereof is in lieu of condemnation. The
Members hereby appoint the Community Board and such persons as the Community Board may delegate
to represent all of the Owners in connection with the taking. The Community Board shall act, in its sole
discretion, with respect to any awards being made in connection with the taking and shall be entitled to
make a voluntary sale to the condemnor in lieu of engaging in a condemnation action. Any awards received
on account of the taking shall be paid to the Community Association, and used, held or distributed as
reasonably deemed appropriate by the Community Board subject to the provisions hereof.
12.2 Total T . If the taking is of the entire Community Association Property, the amount
payable shall be paid to the Community Board as trustee for distribution to the Owners, subject to the rights
of Mortgagees holding Mortgages covering the properties and all unpaid Community Assessments of each
Owner, together with any interest charges attributable thereto. Said proceeds, shall be distributed to the
Sub-Associations, as applicable (or the Owners for any Sub-Association without a Sub-Association), and
each Sub-Association shall distribute such proceeds to the Owners and their gyrespective Mortgagees
according to the relative values of the respective properties in the Covered Property determined by an
independent appraisal made by a qualified MAI real estate appraiser selected by the Community Board.
The rights of an Owner and the Mortgagee as to such pro-rata distribution shall be governed by the
provisions of the Mortgage encumbering such portions of the Covered Property.
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12.3 Minor'T . If the award is for the acquisition of only part of the Community Association
Property and is less than ten percent (10%) of the value of all Community Association Property, the entire
amount thereof shall be payable to the Community Board and such amount, together with any interest
earned thereon, shall be held by the Community Association for the construction of capital Improvements
on other portions of the Community Association Property.
12.4 Major Faking. If the award is for the acquisition of only part of the Community Association
Property, but is in excess of ten percent (10%) of the value of all Community Association Property, the
Community Board, in its, sole discretion, may retain all or any part thereof in the general funds of the
Community Association for the purpose of constructing alternative facilities, for those so taken, or may
distribute all or any part thereof to the Owners, as their interests appear, subject however, to any unpaid
Community Assessments and the rights of Mortgagees, in the manner set forth above.
ARTICLE 13
ANNEXATION OF REAL PROPERTY
13.1 A�nnexafiqn. Declarant may annex any of the Annexable Property by any of the methods
set forth in this Article. To the extent there are minor boundary changes or lot line adjustments to the
Annexable Property, any additional portions of land added as, a result of such boundary or lot line
adjustments shall Ibe included within the Annexable Property. Additionally, any property identified in a
Supplementary Community Declaration recorded by Declarant identifying such real property as Annexable
Property may be included in the Annexable Property. However, Declarant may elect not to develop all or
any part of the Ann�exable Property, to annex the An�nexablle Property to this Community Declaration in
increments of any size whatsoever, or to develop or cause to be developed, more than one such increment
at any given time and in any given order. The Annexable Property shall not become subject to this
Community Declaration unless and until a Supplementary Community Declaration covering it has been
recorded. Until the Declarant's Rights Termination Date, no Person other than Declarant may annex any
of the Annexable Property without the prior consent of Declarant.
13.2 Procedures for Annexation.
13.2.1 A�nnexatiion by Declarant Without Approval. All or any part of the Annexable
Property may be annexed by Declarant and become subject to this Community Declaration and subject to
the jurisdiction of the Community Association without the approval, assent or vote of the Community
Association or its Members, provided that:
(a) The proposed Annexation is in substantial conformance with a detailed plan of
phased development submitted to the DRE with the application for a Public Report for the first Phase of the
Community;
(b) The proposed Annexation will not result in a substantial and material
overburdening of the common interests of the then existing Owners,
(c) The proposed Annexation will not cause a substantial increase in Community
Assessments against existing Owners that was not disclosed in the Public Reports under which pre-existing
Owners purchased their interests;
(d) For each Separate Interest to be annexed for which a rental program has been
in effect by the Owner for a period of at least one (1)year as of the date of conveyance of the first Separate
Interest to a First IPurclhaser in the annexed Phase, the Owner shall pay to the Community Association,
before or concurrently with the first close of escrow for the sale of a Separate Interest within the annexed
Phase, an amount for each month or portion thereof during which the Separate Interest was occupied under
such rental program that shall be established by the Community Board for ireserves for replacement or
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deferred maintenance of Improvements within the Community Association Property necessitated by or
arising out of the use and occupancy of the Separate (Interests under the rental) program;
(e) Before Annexation pursuant to this Section of any of the Annexable, Property
that is being developed as a phased(FHA and/or VA community, plans for the development of the Annexable
Property must be submitted to FHA and/or the VA as applicable, and FHA and/or VA as applicable, must.
determine that such plans are in accordance with the previously approved general plan and so advise
Declarant; and
(f) Each Supplementary Community Declaration effecting the Annexation
contemplated under this Section must be executed by Declarant.
For purposes of this Section, the issuance of a. Public Report shalll conclusively be deemed to be
satisfaction of the criteria set forth above.
13.2.2 Annexation Pursuant to, Ap provall. If any Person other than Declarant desires
to add property other than the property described on Exhibit ' to the plan of this Community Declaration
and to subject such property to the jurisdiction of the Community Association and this Community
Declaration, then such property may be annexed, if the vote or written assent of Declarant and Members
representing sixty-seven percent(67%)of the Voting Power of the Community Association is obtained and
the Owners of the property to be annexed have consented to such annexation.
13.3 Covenants (Running With the Land. Declarant may transfer all or any portion of the
Annexable Property to a Guest Builder under a grant deed wherein Declarant reserves the right to annex
such property and subject it to this Community Declaration. The astriction on the Annexable, Property
wherein it may be made subject to this Community Declaration upon the recordation of a Supplementary
Community Declaration is hereby declared to be an equitable servitude upon the Annexable (Property in
favor of the Covered Property subject to this Community(Declaration and any other real property owned) by
Declarant in the vicinity of the Covered Property and shall run with the land and be binding on and 'inure to
the benefit of all Persons having or acquiring any riglht, title or interest in such real property.
13.4 Requirements of VA or F'HA. Before any of the Annexable Property that is beingi
developed as a (phased FHA and/or VA project is annexed, plans for the development of the Annexable
Property shall be submitted by the Guest Builder to FHA and/or the VA as deemed applicably by the Guest
Builder, and FHA and/or VA, as applicably, must determine that such plans are in accordance with the
previously approved general plan.
13.5 Annexations Under Supplementary Community 3ecllarations. Supplementary
Community declarations shall be irecorded for each Annexation as provided under this Community
Declaration.
13.6 De-Annexation. Diec avant may delete all or any portion of the Covered Property from the
coverage of this Community Declaration or any Supplementary Community (Declaration, provided
(a) Declarant and/or a Guest Builder are the sole Owner(s) of all of the real property to be deleted, or if
Declarant or a Guest. Builder are not the sole Owners, the consent of the Owners of the portion of the
Covered Property to be de-annexed have consented thereto and (b) community Assessments have not
commenced with respect to the (portion of the covered Property to be de-annexed. Such deletion shall be
effective upon the recordation in the Official Records of a Supplementary Community Declaration or
equivalent document, signed by Declarant and consented to by the affected Owner and (c) the approval of
the City has been obtained pursuant to section 15.3. Prior to annexation, Declarant may also, upon
recordation of a supplementary Community Declaration, delete any portion of the Annexable Property by
so designating such portion of land to be excluded from the Annexable Property in a supplementary
Community Declaration.
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ARTICLE 14
RIGHTS OF LENDERS
Certain Mortgagees need to protect their interests in the Community. This Article gives certain
Mortgagees rights to protect their security interests.
14.1 Conflict. Notwithstanding any contrary provision contained elsewhere in the Community
Governing Documents, the provisions of this Article shall control with respect to the frights and obligations
of Mortgagees as specified Therein.
14.2 Liabilitv for Unpaid Assessments. Any Institutional Mortgagee who obtains title to a
Separate Interest pursuant to the remedies provided in the First Mortgage (except upon a voluntary
conveyance to the Institutional (Mortgagee) or by foreclosure of the First Mortgage shall take the property
free of any claims, for unpaid assessments or charges against the Separate Interest which accrue prior to
the acquisition of title to the Separate Interest by the Institutional Mortgagee.
14.3 Payment of Taxes andl Insurance. All taxes,assessments and charges that may become
a lien prior to the lien of any First Mortgagee shall be levied only to the individual Separate Interest and not
the Community as a whole. Institutional Mortgagees may,jointly or singly, pay taxes or other charges that
are in default and that may or have become a charge against any Community Association Property or
Improvements situated thereon and may pay overdue premiums on property insurance policies or secure
new property insurance coverage on the lapse of a policy for such Community Association Property.
Institutional (Mortgagees making such payments, shall be owed immediate reimbursement for such
expenditures from the Community Association and, on demand, the Community Association shall execute
an agreement in favor of all Institutional Mortgagees reflecting entitlement to reimbursement.
14.4 Notice to Eligible Mortgage Holders. An Eligible Mortgage Holder is entitled to timely
written notice of the following events:
14.4.1 Condemnation. Any condemnation loss or casualty loss that affects either a
material portion of the Community or the Separate Interest on which the Eligible Mortgage Holder holds a
First Mortgage;
(a) Delinquencies. Any delinquency in the payment of assessments or
charges owed by the Owner of a Separate Interest that lis subject to a First Mortgage held Iby the Eligible
Mortgage Holder if the delinquency is snot cured within sixty (60) days after its due date;
(b) Cancellation of Insurance. Any lapse, cancellation or material
modification of any insurance policy or fidelity bond maintained by the Community Association;
(c) Termination of the Commun . Any proposal to take any action
specified in this Article or in Article 13, provided that, for purposes of a proposal to terminate the
Community and/or dissolve the Community Association, "timely written notice" shall mean at least thirty
(30) days' advance written notice;
(d) Actions Under Article 114 and 15. Any proposal to take any action
specified in this Article 14 or in Article 15;
(e) Defaults. Any default by an owner-Mortgagor of a Separate Interest that
is subject to a First Mortgage held by the Eligible Mortgage Holder lien the performance of his or her
obligations under this Community Declaration or the Community Bylaws which is not cured within sixty(60)
days; or
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(f) Actions Requiring Consent. Any proposed action that requires the
consent of a specified percentage of the Eligible Mortgage Holders., For so long as is required by FNMA's
legal requirements for acceptance of condominiurn projects, all references to "Eligible Mortgage Holder" in
this Section 14.4 shall be deemed to include all First Mortgagees and all guarantors of First Mortgages.
14.5 Reserve Fund. The Community Association shall maintain as a reserve fund a reserve
account fund sufficient to pay for maintenance, repair and periodic replacement of Community Association
Property Improvements that the Community Association is obligated to maintain. This reserve fund shall
be funded by Regular Assessments of Owners, that are payable in installments rather than by Special
Assessment; provided, however,that this provision shall not be deemed to limit the power of the Community
Association to levy any other type of assessment or charge authorized by this Community Declaration.
14.6 Inspection of Books and Records. Upon request, any Owner or First Mortgagee shall
be entitled to inspect the books, records and financial statements of the Community Association and the
Community Governing Documents and any amendments, thereto during normal business hours or under
other reasonable circumstances.,
14.7 Financial Statements. The Community Association,, at its expense, shall prepare an
audited financial statement for the immediately preceding Fiscal Year and make the same available within
one hundred twenty (1 20) days after the Community Association's, Fiscal Year end to any Institutional
Mortgagee that has submitted written request for it.
14.8 Acflons IRequiring Ellig[ble Mortgac
je Ho1der Approval. Unless at least (a) sixty seven
percent(67%)of the Eligible Mortgage Holders of any First Mortgages encumbering a Residential Separate
Interest (in each case, based on one (1)vote for each First Mortgage owned) and (b) at least sixty-seven
percent (67%) of the Owners other than Dieclarant and Guest Bu�ilders have given their prior written
approval, the Community Association shall not be entitled to:
14.8.1 Abandon or Termination Communist By act or omission, seek to abandon or
terminate the Community;
14.8.2 Partifion. By act or omission abandon, partition, subdivide, encumber, sell or
transfer any property or improvements owned, directly or indirectly,, by the Community Association for the
benefit of the Separate Interests,and the Owners. (The granting of easements for public utilities or for other
public purposes consistent with the intended use of the Community by the Community Association and
Owners shall not be deemed a transfer within the meaning of this Section);
14.8.3 Change IDesign Res ponsibilliUes. By act or omission change, waive or abandon
any scheme of regulations,or enforcement thereof, pertaining to architectural design or exterior appearance
of Separate Interests, the exterior maintenance of Separate Interests, or the upkeep of lawns, plantings or
other landscaping in the Community,
114.8.4 Modif ethod of Assessments and Dues. By act or omission change the
method of determining the obligations, Assessments, dues or other charges that may be levied against an
Owner;
14.8.5 Failure to Maintain Insurance. Fail to maintain fire and extended coverage
insurance on insurable portions of the Community Association Property on a current replacement cost Ibaslis
in an amount not less than one hundred percent (100%) of the insurable value based on current
replacement cost; and
14.8.6 Use of Insurance Proceeds. Use insurance proceeds for losses to any property
or Improvements owned by the Community Association other than for the irepaiir, replacement or
reconstruction of such property and Improvements.
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14.9 Self Management. The vote or approval by written ballot of at least sixty-seven percent
(67%)of the total Voting Power of the Community Association and Eligible Mortgage Holders that represent
at least a fifty-one percent (51%) majority of the Separate Interests that are subject to Mortgages held Iby
Eligible Mortgage Holders shall be required to assume self-management of the Community if professional
management of the Community has been required by an Eligible Mortgage Holder at any time.
14.110 Mortgagee Protection. A breach of any of the conditions contained in this Community
Declaration shall not defeat nor render invalid the lien of any First Mortgage made in good faith and for
value as to any Separate Interest in the Community; provided, however, that the conditions contained in
this Community Declaration shall be binding upon andl effective against any Owner of a Separate Interest
if the Separate Interest is,acquired by foreclosure, trustee's sale or otherwise.
14.111 Subordination. The lien of the assessments, including interest,costs(including attorneys'
fees), and late charges subject to the limitations of California Civil Code Section 5740, provided for herein
shall be subordinate to the lien of any First Mortgage with respect to any Separate Interests. Sale or transfer
of any Separate Interest shall not affect the assessment lien.
14.112 Diistr[buUon of Insurance and Condemnation Proceeds. INo Owner, or any other party,
shall have priority over any right of Institutional Mortgagees, of Separate Interests pursuant to their
Mortgages in case of a distribution to Owners of insurance proceeds,or condemnation awards for losses to
or a taking of Separate Interests or Community Association Property. Any provision to the contrary in this
Community Declaration or in the Community Bylaws, or other documents relating to the Community is to
such extent void. All applicable fire and all physical loss, or extended coverage insurance policies shall
contain loss payable clauses acceptable to the affected Institutional Mortgagees naming the Mortgagees,
as their interests may appear.,
14.13 voting Rilghtson Default. In case of default by any Owner in any payment due under the
terms of any Institutional Mortgage encumbering such Owner's Separate Interest, or the promissory note
secured by the Mortgage, the Mortgagee or its representative, on giving written notice to such defaulting
Owner or Owners, and placing of record a notice of default, is,hereby granted a proxy and can exercise the
voting rights of such defaulting Owner attributable to such Separate Interest at any regular or special
meeting of the Members, held during such time as such default may continue.
14.114 Forec1osure. If any Separate Interest is encumbered by a First Mortgage made in good
faith and for value, the foreclosure of any lien created by any provision set forth in this Community
Declaration for assessments,, or installments of assessments, shall not affect or impair the lien of the
Mortgage. On foreclosure of the Mortgage, the lien for assessments, or installments, that has accrued up
to the time of foreclosure shall be subordinate to the lien of the Mortgage, with the foreclosure purchaser
taking title to the Separate Interest free of the lien for assessments, inc udingi interest, costs (including
attorneys'fees), and late charges levied by the Community Association with respect thereto or installments,
that has accrued up to the time of the foreclosure sale. On taking title to the Separate Interest the
foreclosure purchaser shall only be obligated to pay assessments or other charges levied or assessed by
the Community Association after the foreclosure purchaser acquired title to the Separate Interest. The
subsequently accrued assessments or other charges may include previously unpaid assessments provided
all Owners, including the foreclosure purchaser, and its successors and assigns are irequired to pay their
proportionate share as provided in this Section.
14.15 Non Curable Breach. Any Mortgagee who acquires title to a Separate Interest by
foreclosure or by deed in lieu of foreclosure or assignment in lieu of foreclosure shall not be obligated to
cure any breach of this Community Declaration that is non curable or that is not practical or feasible to cure.
114.16 Loan to Facilitate. Any Mortgage given to secure a loan to facilitate the resale of a
Separate Interest after acquisition by foreclosure or by a deed in lieu of foreclosure or by an assignment in
lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the
rights and protections of this Article.
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14.17 Appearance at Me " Because of its financial interest in the Community, any
Mortgagee may appear(but cannot vote except as may be provided for herein)at meetings of the Members
and the Community Board to draw attention to violations of this Community Declaration that have not Ibeen
corrected or made the subject of remedial proceedings or assessments.
14.118 Right to IFurnish Information. Any Mortgagee can furnish information to the Community
Board concerning the status of any Mortgage.
14.119 IInapp1licabil1ity of Right of First Refusal to Mortgagee. INo right of first refusal or similar
restriction on the right of an Owner to sell, transfer or otherwise convey the Owner's Separate Interest shall
be granted to the Community Association without the written consent of any Mortgagee of the Separate
(Interest. Any right of first refusal or option to purchase a Separate Interest that may be granted to the
Community Association or other person,firm or entity)shall not apply to any conveyance or transfer of title
to such Separate Interest, whether voluntary or involuntary, to a Mortgagee which acquires title to or
ownership of the Separate Interest pursuant to the remedlies provided in its Mortgage or by reason of
foreclosure of the Mortgage or deed or assignment in lieu of foreclosure.
14.20 Written Notification to MortgacMortgagee
lees or Guarantors of First Mortgages. If a
or guarantor of a First Mortgage and has snot given written notice to the Community Association specifying
its name, the name of the Owner and address of the Separate Interest encumbered by the First Mortgage,
any written notice or proposal required or permitted by this Community Declaration to be given to, such
Mortgagee or guarantor shall be deemed properly given if deposited in the United States mail, postage
prepaid, and addressed to the Mortgagee or guarantor at its address appearing of record in the First
Mortgage (or assignment thereof, if applicable).
ARTICLE 15
AMENDMENT AND TERM OF COMMUNITY DECLARATION
This Community Declaration and the easements, covenants, conditions and restrictions
established under this Community Declaration will continue in effect for 99 years and thereafter will continue
unless a certain percentage of the Owners elect to terminate the Community Declaration. This will help to
ensure the continued operation, use and viability of the Community. This Article also describes the
procedures and requirements for amendments to this Community Declaration. Each Owner acknowledges
that corrections and supplements to this Community Declaration may be necessary and that it is important
to give Declarant the right to record such Supplementary Community Declarations without the consent of
any Owner or Sub-Association, except as otherwise provided in this Community Declaration.
15.1 Term. The covenants, conditions and restrictions of this Community Declaration shall run
with and bind the Covered Property and shall inure to the benefit of and be enforceable by the Community
Association or any Member, their respective legal representatives, heirs, successors and assigns, for a
term of ninety-nine (99) years from the date this Community Declaration is recorded in Official Records,
after which time said covenants, conditions and restrictions shall be automatically extended for successive
periods of ten (1 0)years each, unless an instrument, signed Iby the Owners representing ninety percent
(90%) of the Voting Power and their Mortgagees has been recorded, at least one (1) year prior to the end
of any such period in the manner required for a conveyance of areal property, in which it is agreed that this
Community Declaration shall terminate at the end of the then-applicable term, but any easements
established hereunder shall continue in perpetuity.
15.2 Amendments.
15.2.1 Amendments Prior to Commencement of Community Assessments. Prior to
the commencement of Community Assessments under the Community Declaration,1 Dieclarant, without the
consent of any Owner, may amend this Community Declaration. To the extent requested by Declarant,
any Guest Builder who owns any portion of the Covered Property then subject to this Community
Declaration shall execute any such amendment or restatement of this Community Declaration.
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15.2.2 Amendments Subsequent to Commencement of Community Assessments.
After the conveyance of a Separate Interest to a First Purchaser and the commencement of Community
Assessments,this,Community Declaration may be amended Iby the vote or written consent of the Members
representing at least a Majority of the Voting Power of the Community Association.
15.2.3 Lender Consent. Amendments which are adopted pursuant to Section 15.2.2 of
a material and adverse nature to Mortgagees must be approved by Eligible Mortgage Holders that represent
at least fifty-one percent (51%) of the votes of Separate Interests that are subject to Mortgages, held by
Eligible Mortgage Holders. Any Eligible Mortgage Holder who receives written request to consent to
additions or amendments requiring consent under this provision who does not deliver to the requesting
party a negative response within sixty(60) days after receipt of a notice delivered by certified or registered
mail, return receipt requested, shall be deemed to have consented to such request. For so longe as is
required by FNMA's legal requirements for project acceptance, all references to"Eligible Mortgage Holder"'
in this Section 15.2.3 shall be deemed to include all guarantors of First Mortgagees.
15,.2.4 'Consent of Declarant. Until Diecllarant's Rights'Termination Date,this Community
Declaration shall not be amended to,amend,diminish or eliminate any rights specifically granted or reserved
to Declarant, a Declarant Party or a Guest Builder without the consent of the Declarant.
15.2.5 Amendment to Eliminate Easements. This Community Declaration shall not Ibe
amended to modify or eliminate the easements or any other rights reserved to Declarant, the Declarant
Parties or Guest Builders herein without prior written approval of Declarant, until Declarant's Rights
Termination Date and any attempt to do so shall have no effect.
15.2.6 Amendment of Certain Provisions. If any provision of this Commucn�ity
Declaration requires a greater or lesser percentage of the voting rights of any class of Members in order to
take affirmative or negative action under such provision, the same percentage of such class or classes of
Members shall be required to amend or revoke such provision. Notwithstanding anything to the contrary
contained in this Declaration, Sections 1.,7'9,2.7,13.91,4.5, 5.7, 5.8,7.1, 8.1,Article 9,Article 16, and any
other provision that is for the benefit of Declarant and/or a Guest Builder shall snot be amended without prior
written approval of Declarant.
15.2.7 further Approvals Regarding Amendments. Notwithstanding anything to the
contrary contained in this,Community Declaration, Section 3.3.21 ((Notice Prior to Litigation), Section 3.5.3
(Members Approval of Certain Actions), Article 16 and Article 17 of this Community Declaration shall not
be amended without the vote or approval by written ballot of at least (a)the Members representing cninety
percent(90%) of the Votlicnge Power, and (b) at least ninety percent(90%)of their First Mortgagees.
15.2.8 Modifications to Sub-Association Governing Documents. Ucntil the
Declarant's Rights Termination Date, the form and content of each Sub-Association Declaration shall be
approved in writing by Declarant. As long as Declarant, a Declarant Party or Guest Builder owns any
portion of the Covered Property or the Annexable Property, any amendment, modification or supplement
to the Sub-Association Declaration shall be approved in writing by Declarant as a condition to the
effectiveness of such amendment, cmodification or supplement.
15.3 Approval by City. Notwithstanding anything to the contrary set forth lien this Community
Declaration, including without limitation, the amendment provisions set forth in this Article 15 and the
provisions of Section 15.2, the consent of the City shall be required for any dissolution of the Community
Association or any amendment to 2.6.4 (Public Use), 3.3.7 (City Agreements), 3.3.8 (Public Access),
3.3.13(Neighborhood City Parks,),4.2.1 (Areas to be Maintained),14.8.1 (Indemnification of City),4.8.2
(Release by City), 17.16 (Lighting), 17.28 (Signs), 8,.2.1 (improvements Requiring Approval),, 11-1.1
(Insurance Proceeds Adequate), 15.3 (Approval by City),, 16.1 (Enforcement and Non-waiver),
Article 117(Covenants of Cooperation and Obligations Under the City Agreements)or Article 18(City
Required Disclosures)of this Community Declaration that materially affects the City. Any approval by the
City hereunder shall be submitted to the City Manager whose decision shall be binding on the City. The
City shall approve or disapprove any dissolution or proposed amendment within thirty(30)days of submittal
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of the amendment or proposed dissolution to the City Manager. Any amendment or proposed dissolution
shall be deliveredl to the City in the same manner as, provided in Section 15.2 of this Community
Declaration, to the City's then current office. Prior to City submittal of a proposed amendment or proposed
dissolution of the Community Association required to be approved by the City, the Community Association
shall obtain the prior consent of one hundred percent(1 0%)of Eligible Mortgage Holders or one hundred
percent of the Members.
15.4 Other Approvals. Pursuant to the Community Entitlements, the Community Association
may not do any of the following without the prior, written consent of one hundred percent (100%) of all
Owners or First Mortgagees,: (a) request that private facilities in the Community to become public facilities;
(b) request to be released by the City from its Maintenance Obligations required by the Community
Entitlements including without limitation the City Agreements; or (c) dedicate or convey for public streets,
land used for Private Streets. In addition to the foregoing, the Community Association may not seek to
have the public access easements accepted by the City over the Neighborhood City Parks vacated.
15.5 Approval of Community Association to Amendments to Sub-Association
Declarabon. In no event may any Sub-Association Declaration be amended, modified or supplemented in
any way which materially and adversely affects this Community Declaration or the other Community
Governing Documents,without the prior consent of the Community Association and the Declarant until the
Declarant's Fights Termination Date.
15.6 Conflict With Provisions of this Community Declaration. To the extent any provisions,
of this Article conflict with any other provision of this, Community Declaration requi�ri�ngi approval for an
amendment, the other provisions requiring approval for an amendment shall control.
ARTICLE 16
ENFORCEMENT
This Article describes the enforcement rights for violations of this Community Declaration and the
Community Governing Document and certain procedures which must be followed in the event of a Claim
as defined in Section 16.6.1'(a). The claims procedures are intended to establish an efficient procedure to
enable a claim or dispute to be resolved promptly for the benefit of Owners, the Declarant, the Guest
Builders, Members, the Community Association, and each of them.
16.1 Enforcement and (Non-waiver. Owners, Members, Declarant,the Guest Builders and the
Community Association, acting through the Community Board, shall have the right to enforce, by
proceedings at law or in equity, all covenants, conditions and restrictions now or hereafter imposed by the
provisions of the Community Governing Documents, and the Association Governing Documents, including
the right to prevent the violation of such documents and the right to recover damages for such violation.
Failure of the Declarant, the Guest Builders or the Community Association to enforce any covenants or
restrictions contained in the Community Governing Documents shall in no event be deemed a waiver of the
right to do so thereafter. The City shall have the right but not the obligation to enforce the provisions of this
Community Declaration.
16.2 Disputes InvolVing Members. Prior to filing an Enforcement Action (as such term is
defined in California Civil Code 5925) Iby a Member solely for declaratory relief or injunctive relief, or for
declaratory relief or injunctive relief in conjunction with a claim for monetary damages, related to the
enforcement of the Governing Documents, the Member shall be required to comply with California Civil
Code Sections 5925 through 5965, if applicable. Failure of a Member to comply with the alternative dispute
resolution requirements of California Civil Code Section 5930 may result in the loss of the Member's right
to sue the Community Association or another Member regarding enforcement of the Community Governing
Documents or Applicable Laws.
16.3 Disputes Involving the Community Association and Members. Prior to filing a civil
action by either the Community Association or by a Member solely for declaratory relief or injunctive relief,
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or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, (other than for
nonpayment of Assessments), related to the any of the following matters: (i) enforcement of the Community
Governing Documents; (ii) damage to the Community Association Property; or (iii) damage to a Separate
Interest that arises out of, or is integrally related to, damage to the Community Association Property or
Community Association Maintenance Area; the Community Association shall be required to perform any
act reasonably necessary to resolve any civil claim or action through alternative dispute resolution
proceedings such as, mediation, binding arbitration, or non-binding arbitration proceedings,. Any dispute
resolution procedure imposed by the Community Association shall satisfy the requirements of California
Civil Code Sections 5900, 59015 and 5910. In the event the Community Association does not comply with
the minimum requirements of a fair, reasonable and expeditious dispute resolution procedure, the
Community Association or any Member may invoke the procedures provided for in California Civil Code
Section 591 5. The Community Board may impose any of the remedies provided for in the Community
Bylaws.
16.3.1 Notice Requirements. Members of the Community Association shall annually be
provided a summary of the provisions of California Civil Code Section 5900, et seq. which specifically
references the 1provisions of California Civil Code Section 5965. The summary shall be provided either at
the time the budget required by California Civil Code Section 5300 is distributed or in the manner specified
in California Corporations Code Section 5016. The summary shall include a description of the Community
Association's internal dispute resolution procedure, as required by California Civil Code Section 5920.
16.3.2 Civil Action. A civil action to enforce the Community Goveirniingi Documents shall
comply with California Civil Code Sections 5971 through 5985.
16.4 Enforcement of Non Plament of Assessments. Each Owner of any Separate Interest
then subject to Assessment shall be deemed to covenant and agree to play to the Community Association
each and every Assessment provided for in this Community Declaration. The Community Association shall
have the right to enforce such payment obligation in accordance with the provisions set forth in
Section 6.15.
16.5 Enforce�rnent of Bonded Obligations. The Community Association shall have the right
to enforce bonded obligations in accordance with the provisions set forth in Section 6.24.
16.6 Procedures for Resolution of Disputes Involving Declarant and/or Guest Builders.
The Community Association and each Owner acknowledge that(i) IDeclarant lis not in the business of selling
residences to the public nor in the business of building, developing or construct�ingl residences for public
purchase; (ii) Declarant is not a builder of for sale residential housing within the Community; and
(iii) Declarant has solid or will sell land within the Covered Property to Guest Builders and that Guest Builders
(and not Declarant) will build, develop, construct and sell the for sale residential housing within the
Community. Each Owner and the Community Association acknowledge that the "Right to Repair Act" may
not be applicable to Declarant.
16.6.1 Definitions. For purposes of this Section 16.6 the following terms shall have the
meanings set forth below.
(a) "Claim or C1,aims" means any and all claims, controversies, breaches, or
disputes whether based on contract, tort, statute, or equity but expressly excluding Excluded Disputes, Iby
or between (a) a Claimant or Claimant Parties, on the one hand, and (b) Declarant or any Declarant Party,
arising under this Community Declaration or the other Community Governing Documents, or otherwise
relating to the Covered Property.
(b) "Claimant" means the Community Association or an Owner.
(c) "Claimant Parties" refers collectively to all of the Claimants.
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(d) "Declarant Involved Claims" Ihas the meaning set forth lin
Section16.6.2(b).
(e) "Declarant Parties" means any director, officer, partner, shareholder,
member, employee, representative, contractor, subcontractor, design professional or agent of IDeclarant.
For purposes of this Article, the definition of Declarant Parties set forth in this Section 16.6 shall control
and replace the definition of Declarant Party in article 11.
M "Excluded Dispute" means (a) any actions or claims solely between
Declarant or a Declarant Party on the one hand, and a Guest Builder or a Guest IBuilder Party on the other
hand, including actions and claims under any purchase and sale agreements between Declarant, or a
Declarant Party,on the one hand,and a Guest Builder or a Guest Builder Party on the other hand(inclluding,
without limitation, any agreements executed pursuant to any purchase and sale agreement, (e.g., use
agreements, development agreements and similar agreements and documents), (b)actions taken by a
Community Association against inst Declarant or a Guest Builder or Declarant Party or Guest Builder Party to
collect delinquent Assessments, (c) any action involving any completion bonds for any Community
Association Property, and (d)any and all disputes which are subject to the dispute resolution procedures
contained in any Warranty.
(g) "Guest Builder Dispute Resolution Process" means, the non-
adversarial procedures or other proceedings established by a Guest Builder in the Sale or Conveyance
Agreements or Supplementary Community Declarations recorded as part of the Community Governing
Documents or otherwise applicable to any such Claimant or Claimant Parties
(h) "'Guest Builder Pa " means any director, officer, partner, shareholder,,
member, employee, representative, contractor, subcontractor, design professional or agent of a Guest
Builder.
0) "Involved! Parties'' means the parties involved in a Claim, which may
include (a)the Owner, a Sub-Association and/or the Community Association on the one and and (b)the
Declarant, a Declarant Party, a Guest Builder, a Sub-Association or a Guest Builder Party on the other
hand.
"Right to Repair Act" means Title 7, Part 2 of Division 2 of the California
Civil Code (Section 895 et seq.).
(k) "Right to Repair Procedures" means the procedures set forth in
Chapter 4 of the Right to Repair Act.
(1) "'Sale or Conveyance AqreemeM" means any conveyance, contractual
agreement or other transaction between the Declarant, the Declarant Parties, a Guest Builder, or Guest
Builder Parties and any of the Claimant Parties relating to the sale of Parcels, Condominiums, or Building
portions or conveyance of Community Association Property but excluding a conveyance or other agreement
between a Guest Builder or Guest Builder Party, on the one hand, and Declarant and/or a Declarant Party,
on the other hand.
(M) "Warrant rit means any express warranty provided by a Guest Builder to
an Owner or Sub-Association, lif any.
16.6.2 Resolution of Clla[rns.
(a) Resolution of Claims Involving Guest Builders. Any Claim that
involves a Guest Builder, an Owner and/or a Sub-Association that does snot involve Declarant or the
Community Association shall be resolved pursuant to the Guest Builder Dispute Resolution Procedure.
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(b) Small Claims Actions. Except as otherwise provided in this Community
Declaration, if a Declarant Involved Claim has a total Claim value less than the amounts established by law
as the jurisdictional limit for a small claims action, the Involved Parties, may elect to have such Claim
resolved in a small claims,court in accordance with The Small Claims Act(California Code of Civil Procedure
Section 116.110 et seq.),.
All Other Cialims Involvinc
M i Declarant or the Community Association.
All other Claims involving Declarant and/or the Community Association shall be resolved in accordance
with the procedures set forth in Section 16.6.3 below.
(d) Involved/ Party's Acknowledgment of Right to Repair Procedures. To
the extent the Right to Repair Act is held to be applicable, Declarant hereby provides notice of the existence
of the Right to Repair Procedures, and further notifies the Community Association, each Sub-Association
and each Owner that such Right to Repair Procedures impact the legal rights of each Claimant. As set
forth below, Declarant has elected not to utilize the Right to Repair Procedures.
16.6.3 Disputes Involving Declarant.
(a) Declarant's Ric
1M to Cure. As authorized by California Civil Code
Section 914, Declarant has elected not to engage in, follow, nor be bound by California Civil Code
Sections 910-938. Rather,the alternative non-adversarial procedures set forth in this Article 16 shall apply
to and bind all Owners, the Community Association and the Community Board in the event of any dispute;
provided, however, that Guest Builders shall have the right to record a Supplementary Community
Declaration including dispute resolution procedures that may Ibe used for any dispute between Guest
Builder and an Owner,, subject to the prior written consent of(Declarant. It is Declarant's intent to resolve
all disputes and claims regarding any "'Repair Issue" as defined below) in any portion of the Property,
amicably, and without the necessity of time-consuming and costly litigation. Accordingly, the Community
Association, Community Board and all Owners shalll be bound by the following claim resolution procedure:
(b) Exercise of Right to Cure. Except for repair issues subject to the terms
of a warranty provided by Declarant, if the Community Association, Community Board, or any
Owner(s) (collectively,"Clairnant")claim,contend,or allege that any portion of the Covered Property and/or
any Improvement is defectively constructed, manufactured, and/or designed and requires repair, or alleges
that Declarant or its agents,consultants,contractors,or subcontractors(collectively, "Declarant's Agents")
was responsible for the defective construction, manufacturing and/oIr design and the need to make any
such repair (collectively, a "Repair Issue"), Declarant is hereby granted the irrevocable right to inspect,
repair and/or replace any such portion of the Covered Property and/or any such Improvement as set forth
herein: provided, however, nothing herein is intended nor shall be interpreted or applied to create any
obligation or other liability on Declarant to inspect, irepair, or replace any portion of the Covered Property
and/or Improvement.
M Notice to Declarant. In the event that a Claimant discovers any Repair
Issue, Claimant shall, within a reasonable time after discovery, notify Declarant, in writing, at such address
at which Declarant maintains its principal place of business, of the specific nature of such Repair Issue and
such other matters as required by applicable law ("Notice of Repair Issue"). Such notice shall include:
(i) a description of the Repair Issue,, (ii)the date upon which the IRepair Issue was discovered,,and(iii) dates
and times when the Claimant will be available during ordinary business hours so that service calls or
inspections by Declarant may be scheduled.
(d) Right to Enter, Inspect, Repair and/or Replace. Within a reasonable
time after the receipt by Declarant of a Notice of Repair Issue or the independent discovery of any Repair
Issue by Declarant, Declarant shall have the irrevocable right, upon reasonable notice to Claimant and
during normal business hours, to enter onto or into', as applicable, the Separate Interest, Community
Association Property and/oIr any portion of the Covered Property and/or Improvement for the purposes of
inspecting and, if deemed necessary by Declarant in its sole discretion, repairing and/or replacing any
portion of the Covered Property and/or Improvement which is the subject of the Repair Issue. In conducting
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such inspection, repairs and/or replacement Declarant shall be entitled to take any actions as it shall deem
reasonable and necessary under the circumstances., If Claimant fails to cooperate to arrange a mutualllly-
convenient date and time for inspection, or fails to permit Declarant or its agent access to perform its
inspection, the time for performance for Declarant or its agent to complete the inspection and/or to take any
further action hereunder shall be extended until Claimant complies, but in no event shall such Claimant's
actions toll any applicable statutes of limitations nor shall Claimant have any right to seek any other rights
or remedies unless, Claimant complies with all the requirements hereof.
a
(e) Nature of IRepairs. With respect to any Repair Issue which Declarant
elects to repair, such repair shall be completed in conformance with industry standards, subject to
Applicable Laws and regulations, including the time necessary to obtain any applicable building or other
permits, and subject to unavoidable delays, including, without llimitation, inclement weather, earthquake,
flood, other acts of God, war, terrorism, unavailability of parts or materials, labor shortages, strikes, riots,
insurrection, or other similar matters. Under no circumstances shall Declarant or any of Declarant's,Agents
be obligated to improve any Improvements, beyond the original or any comparable standard set forth in
applicable building codes in effect at the time of original construction. Each Owner, by acceptance of a
deed to a Separate Interest acknowledges, understands and agrees that no Owner nor the Community
Board nor the Community Association has any frights to recover any damages or expenses circumstantially
or otherwise related to any Repair Issue, including, without Ilimitatioin, expenses incurred due to
inconvenience or unpleasantness relating to the IReIpair Issue, lost business income as a result of nuisance,
delays or disruptions, or any similar costs or expenses. In the event that any Owner or the Community
Association alleges that a repair completed pursuant to the procedures set forth in this Section 16.6.3 is
not properly completed, or if Declarant fails to follow such procedures, such Owner or the Community
Association shall have such dispute decidledl by a court of law in the County of San Diego.
M Relinquishment of Control. Notwithstanding any other provision in this
Community Declaration to the contrary (including, without limitation, any provision which expressly or
implicitly provides Declarant with control over Community Association decisions for any pen,od of time
Declarant and Guest Builders hereby relinquish control over the Community Association's ability to decide
whether to initiate any Claim against Declarant, Guest Builder or any Declarant Parties or Guest Builder
Parties with respect to any Repair Issues, in any Community Association Property. The decision to initiate
any such claims for Repair Issues lin any Community Association Property or Improvement shall, instead,
rest with the majority of the Votingi Power other than IDeclarant.
(g) Fees and Costs. To the extent any dispute with Declarant involves
mediation or arbitration,the fee playable to initiate the arbitration or mediation shall be remitted by Declarant,
provided that the costs of mediation or arbitration shall ultimately be borne as determined by the mediator
or arbitrator as aplpilicable.
16.7 No Additional Obligations. Nothings set forth herein shall be construed to impose any
obligation on Declarant to inspect, repair, or replace any portion of the Covered Property and/or
Improvement or otherwise address any Repair Issue for which Declarant is not otherwise obligated under
applicable state and federal law or any warranty provided by Declarant in connection with the sale of a
Separate Interest. Notwithstanding any other provision of this Community Declaration, this Article 16 shall
not be amended without the prior written approval of Declarant.
16.8 Claims and Actions. Subject to the provisions of this Community Declaration, and in
compliance with California Civil Code Section 5980, the Community Association shall have the power, but
not the duty,to initiate,defend,settle, release or intervene in mediation, arbitration,judicial or administrative
proceedings on behalf of the Community Association in matters pertaining to: (a)the application or
enforcement of this Community Declaration; (b) any and all claims, causes of action, damages and suits
for defects relating in any way to the design or construction of the Community Association Property,
Community Association Maintenance Areas or any portion thereof, on behalf of all Owners; and (c)any
other claims that may arise with gyrespect to the Community Association Property or Community Association
Maintenance Areas; provided, however that no representative of Declarant or a Guest Builder on the
Community Board shall vote on the initiation of any claim under California Civil Code Section 895 of seq.,
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such that from and after the first election of directors in which Class, A Members of the Community
Association participate, neither Declarant nor any Guest Builder shall have control over the Community
Association's ability to decide whether to initiate a claim under such statutory provisions,and in the event of
such a vote, the affirmative vote of the two non-Declarant representatives, on the Community Board shall
be binding so long as a quorum of the Community Board is present at any meeting where such vote is
taken. An Owner may only assert claims pertaining to such Owner's Separate Interest. The Community
Association and not the individual Members shall have the power to pursue any claims or other actions
using the non-adversarial procedures for construction defects in the Community Association Property or
Community Association Maintenance Areas. Each Owner hereby aglrees to designate such authority to the
Community Association and assigns to the Community Association all power and authority as is necessary
for any settlement or release of any such claims.
16.9 City Enforcement. The City has the right, but shall not be obligated to, enforce the terms
and conditions, of this Community Declaration. Such right includes, without limitation, the right to enforce
the Community Association's obligations, and the City Agreements, as set forth herein. In the event the
Community Association fails to perform the City required maintenance or other obligations related to the
Neighborhood City Parks, the City may provide written notice of such failure to the Community Association
settings forth in detail the alleged failure. The Community Association shall have ten (10) business days,
from receipt of such notice to cure, or if it is not possible to cure within such ten (10) business day (period,
to commence curing such failure. If the Community Association fails to cure, or fails to commence to cure
as provided herein, the City may seek any remedy available at law or in equity.
ARTICLE 17
COVENANTS OF COOPERATION AND OBLIGATIONS UNDER THE CITY AGREEMENTS
Given the extensive nature of the Community, each of the Owners and the Community Association
must cooperate to accomplish the objectives of this Community Declaration and to ensure the continued
operation of the Community. In addition each Owner acknowledges that the City has imposed certain
requirements and entered into certain agreements with the Declarant and other parties that impose
obligations relating to the Community. This Article describes some of those obligations.
17.1 Good (Faith and Cooperation. Because of the lengthy term of this Community
Declaration, it is likely that conditions and circumstances will change significantly du�rli�ngl the term of this
Community Declaration. Consequently,the Owners,the Community Association and the Sub-Associations
shall cooperate in good faith to amend this Community Declaration with the consent of any Mortgagees as
may be required hereunder so as to carry out the intentions of the Owners,the Community Association and
the Sub-Associations as manifested in this Community Declaration in the event of such changed conditions
and circumstances.
17.2 No Discriminatory Restrictions on Transfer. No Owner shall restrict the sale or transfer
of any portion of the Covered Property on the basis of the race,color,creed, religion,sex,sexual orientation,,
marital status, national origin or ancestry of any person.
17.3 EstoPP&I Certificates. The Community Association, at any time and from time to time,
upon not less, than twenty (20) days' prior written notice from a Bub-Association (on behalf of an Owner,
subject to the jurisdiction of a Sub-Association or an Owner if the Owner is not subject to the jurisdiction of
a Sub-Association), shall execute, acknowledge and deliver to a Bub-Association on Ibelhalf of any Owner)
for its benefit and the benefit of any prospective purchaser,tenant or Mortgagee of such Owner,an estoppel
certificate of the Community Association stating: (a) that this Community Declaration is unmodified and in
full force and effect(or, if there have been modifications,that this Community Declaration is in full force and
effect as modified and stating the modifications), (b)to the best of the Community Board's knowledge,
whether or not there are then existing any defaults by the applicable Owner under this Community
Declaration and the other Community Governing Documents (and, if so, specifying same), (c) the dates, if
any,, to which Community Assessments and other charges under this Community Declaration have been
paid by such party and the amounts of the most recently charged Community Assessments, and (d) any
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other information that may reasonably be irequired by any of such persons. It is intended that any such
certificate delivered pursuant to this Section 17'.3 may be relied upon by the requesting Sub-Association
(or the applicable Owner) or any prospective purchaser, tenant or Mortgagee of any portion of the
Community. The Community Association may charge a reasonable fee to prepare the estoppel certificate.
The Community Association may require that a Sub-Association (and not the individual Owners) request
estoppels from the Community Association on behalf of the Owners subject to the jurisdiction of the Sub-
Association and in such case, only the Sub-Association and not the individual Owner may request the
estoppel.
17.4 Sub-Association Authoritv. The board of directors of a Su�b-As,sociation shall have the
full power and authority to take any and all actions on behalf of such Sub-Association and to bind the Sub-
Association and its members with respect to any of the riglh�ts and duties of the Sub-Association under this
Community Declaration, and the consent of the members of the Sub-Association shall not be required
unless the action would require consent of the members of the Sub-Association pursuant to California Civil
Code Section 5605 or unless consent is specificalllly required under the Community Declaration. The
Community Association shall not Ibe liable to any Owner if the Community Association, acting in good faith,
accepts any consent or approval by the Sub-Association of which the Owner is a member and the
Community Association shall have no, obligation to verify whether the Sub-Association has obtained the
consents of its members.
17.5 Com�rnuniity Association L[mitation on Lab lits. Except to the extent of any available
insurance proceeds hereunder, the Community Association and its agents, employees and consultants
(including, without (limitation, the manager of the Community Association) shall not be liable to any Sub-
Association, any Owner, or any Occupant,for any failure of any Utility Facilities or other services which are
to be obtained or provided by the Community Association, or paid for as a Common Expense, or for injury
or damage to person or property caused by the elements or by the Owner, or any other Person, or resulting
from electricity,water, ice or other elements which may leak or flow from or over any portion of the Covered
Property or from any pipe, drain, conduit, appliance or equipment within the Covered Property. The
Community Association and its agents shall not be liable to any Owner or Sub-Association for loss or
damage, by theft or otherwise of articles which may be stored within any of the Community Association
Property. No diminution or abatement of any Community Assessments shall be claimed or allowed for
inconvenience or discomfort arising from the making of repairs or improvements to the Community
Association Property,or from any action taken by the Community Association to comply with any Applicable
Laws.
17.6 Reasonable Consents. Except as otherwise set forth in this Community Declaration, all
consents and approvals of any of the Members or Owners and any First Mortgagees shall not be
unreasonably withheld or delayed. Unless waived by the approving party, any disapproval of or failure of
consent to any matter hereunder shall be in writing and shall state in reasonable detail the reason or
reasons therefor. With respect to any consents to be provided by Declarant or a Declarant Party,
reasonable approval shall mean the determination by Declarant or such Declarant Party, of whether an
action is in the interests, of the Community, as determined by Declarant or such Declarant Party in its sole
discretion.
17.7 Transfer of MernIbership Upon Sale. The Community Association or its management
company may levy a transfer fee against new Owners in the amount of the actual costs incurred by the
Community Association to change its records in order to reimburse the Community Association for the costs
of changing its records to reflect the new ownership.
17.8 City Agregments. To the extent provided in the City Agreements, the City Agreements
may be assigned by the Declarant, including an assignment to the Community Association, Sub-Association
any Guest Builder or any Owner,. If any rights and obligations are assigned to the Community Association,
any Sub-Association or to any Owner under the City Agreements, the assignee thereunder shall be
obligated to perform all such obligations so assigned as and when required under the applicable City
Agreement. The assignee shall commence to perform such obligations effective as of the date of the
assignment. To the extent such assignee fails to perform such obligations, the Community Association
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shall have the right (but not the obligation) to exercise any of its remedies, provided for hereunder for non-
performance of an Owner's obligations hereunder, including without limitation the right to cure such default
and the right to levy a Compliance Assessment if the Owner fails to reimburse the Community Association
for the expenses incurred in curing such default. In addition, the City shall have the right to pursue any
rights or remedies which it may have under the applicable City Agreement if such assignee fails to perform
its obligations under the applicable City Agreement.
ARTICLE 18
CITY REQUIRED UISCLOSURES
The City has required certain disclosures to be included in the Community Declaration. These
disclosures are in addition to any disclosures provided by a Guest Builder to an Owner.
18.11 Notice of Airport in Vicinity. The Covered Property is presently located in the vicinity of
an airport, within what is known as an airport in�flluence area. For that reason, the property may be subject
to some of the annoyances or inconveniences associated with proximity to airport operations (for example:
noise;1 vibration or odors). Individual sensitivities to those annoyances can vary from person to person.You
may wish to consider what airport annoyances, if any, are associated with the property before you complete
your purchase or lease and determine whether they are acceptable to you.
18.2 Notice of Future Expansion of State Route 125(SIR-1251. Be advised that Caltrans has
a long-term plan (per SANDAG RTP) for the widening of SR-125 to improve traffic flows. This Property
may be subject to some of the annoyance related to the construction and operation of the road.
ARTICLE 19
GENERAL PROVISIONS,
This last Article sets forth the general provisions which govern this Community Declaration.
19A Headlin s. The headings used in this Community Declaration are for convenience only
and are not to be used to interpret the meaning of any of the provisions of this Community Declaration.
19.2 Severa . The provisions of this Community Declaration shall Ibe deemed independent
and severable,, and the invalidity or partial invalidity or unenforceability of any provision or provisions of it
shall not invalidate any other provisions. In the event that any phrase,clause,sentence,,paragraph,section,
article or other portion of this Community Declaration shall become illegal, null, void, against public policy,
or otherwise unenforceable, for any reason, the remaining portions of this,Community Declaration shall not
be affected thereby and shall remain in force and effect to the fullest extent permissible by Applicable Laws.
19.3 Cumulative Remedies. Each remedy provided for in this Community Declaration shall be
cumulative and snot exclusive. Failure to exercise any remedy provided for in this Community Declaration
shall not, under any circumstances, be construed as a waiver.
19.4 Access to Books. As long as Declarant has a remaining interest in the Community,
Declarant may, at any reasonable time and upon reasonable notice to the Community Board or manager
for the Community Association, at his or her own expense, cause an audit or inspection to be made of the
books and financial records of the Community Association.
19.5 Liberal Construction. The provisions of this Community Declaration shall be liberally
construed to effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of
the right to enforce said provision thereafter.
19.6 Notification of Sale of Separate Interests. Concurrently with the consummation of the
conveyance of any of the Separate Interests under circumstances whereby the transferee becomes an
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Owner thereof, or within five (5) business days thereafter, the transferee shall notify the Community Board
or the manager of the Community Association in writing of such sale. Such notification shalll set forth the
name of the transferee and his or Iher mortgagee and transferor,the common address of the Building Portion
purchased by the transferee, the transferee's and the mortgagee's mailing address, and the date of sale.
Prior to the receipt of such notification, any and all communications required or permitted to be given Iby the
Community Association, the Community Board or the manager of the Community Association shall Ibe
deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's
transferor.
19.7 Notices. Mailing addresses, may be changed at any time upon written notification to the
Community Board or its managing agent. Unless otherwise permitted hereunder, such notices shall be in
writing and shall be given by certified mail, return receipt requested, overnight courier or personal dellivery.
Alll notices to the Community Association shall be dellivered to the current address of the Community
Association. All notices to a Sub-Association shall be delivered to the management company or current
address of such association. All notices required to be provided to an Owner pursuant to this Community
Declaration shall be delivered to the Separate Interest of such Owner unless, an Owner notifies the
Community Association in writing of a change of address.
19.8 Number; Gender. The singular shall include the plural and the plural the singular unless
the context requires the contrary, and the masculine,feminine and neuter shall each include the masculine,
feminine or neuter, as the context requires.
19.9 Exhibits. All exhibits attached to this Community Declaration are incorporated by
reference.
19.10 Binding Effect. This Community Declaration shall inure to the benefit of and be binding
on the successors and assigns of the Declarant, and the heirs, personal representatives, grantees,tenants,
successors and assigns of the Owners.,
19.11 statutory References. Alll references in this Community Declaration to various statutes,
codes, regulations, ordinances and other laws shall be deemed to, include those laws in effect as of the
date of this Community Declaration and any successor laws as may be amended from time to time.
19.112 Joint and Several Liabilt . When the Owner of a Parcel, Residential Lot or Condominium
is comprised of more than one(1) Person,each such Person shall be jointly and severally liable for payment
of Community Assessments, and performance of all obligations (including, without limitation,
indemnification obligations) arising under any provision of the Community Governing Documents with
respect to such Parcel, Residential Lot or Condominium or the ownership thereof.
19.13 Applicable Laws. In the event of any conflict between this Community Declaration and
the requirements imposed under any Applicable Laws, the more restrictive Ipirovisiions of the Applicable
Laws or Community Declaration, as applicable shall control.
19.14 Conflicts in Documents. In the event of any conflict between this Community Declaration
and the requirements of any Community Governing Documents, the more restrictive provisions shall apply,
except to the extent such provision abrogates or limits any rights reserved or granted to Declarant or
Declarant Party or a Giuest Builder under this Community Declaration and the Community Governing
Documents.
19.15 Provision&Community Governing Documents to Prospective Purchasers. Pursuant
to California Civil Code Section 4525, as soon as practicable before the transfer of title or the execution of
a real property sales contract, the Owner shall provide copies of the Community Governing Documents to
the Ipirospective purchaser of'a Separate Interest.
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19.16 Goverin[nq Law. This Community Declaration shall be governed by and construed under
the laws of the State of California.
19.117 Approval of VA and FHA,. So long as there is a Class B membership in the Community
Association, the followings actions shall require the prior approval of VA if a VA blanket loan approval is in
effect for the any portion of the Covered Property or a VA loan encumbers any Condominium in the Covered
Property: any reorganization, merger, dissolution, or consolidation of the Community Association, and any
amendment to this, Community Declaration, a draft of which shall be submitted to and approved by the VA
prior to recordation. FHA shall have the same approval rights given to VA in this Section if an FHA blanket
loan approval is, in effect for any portion of the Covered Property or an FHA loan encumbers any
Condominium in the Covered Property.
19.118 Applicability of FHANA Requirements. For so long as FHA and/or VA blanket loan
approvals are in effect for any portion of the Covered Property andl while any FHA/VA loan encumbers any
Condominium in the Covered Property,the FHA and VA guidelines,and regulations shall apply to the extent
that FHA or VA, respectively, asserts application of such guidelines, and regulations and those guidelines
and regulations are not in conflict with California law or with the requirements of the DRE. At such time as
the blanket loan approvals are ono longer i,n effect and no FHA or VA loans encumber any Condominium in
the Covered Property, the FHA and VA guidelines and regulations shall have no further applicability with
respect to the Covered Property or the Community Association.
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IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first herein
above written.
DECLARANT:
HomeFed Village 8, LLC, a Delaware limited liability
company
By:
Name:
Title:
A notary public or other officer comlplletingl this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE, OF CALIFORNIA
COUNTY OF'
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
Who proved to Mme on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the oregioingi paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
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LIST OF EXHIBITS
Exhibit"A"................................. LEGAL DESCRIPTION OF THE COVERED PROPERTY
Exhibit"B"................................. LEGAL DESCRIPTION OF THE ANNEXABLE PROPERTY
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EXHIBIT"A"
LEGAL DESCRIPTION OF THE COVERED PROPERTY
(Exhibit to be provided to reflect 1 st builder phase for DRE submittal)
SMRH:4834-9891-6022.11 EXHIBIT"All' C6ta Vera-Master CC&Rs
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EXHIBIT v"B'"
LEGAL DESCRIPTION OF THE ANNEXABLE PROPERTY
SMRH:4834-9891-6022.11 EXHIBIT 111311 CEta Vera-IMaster CC&Rs
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LEGAL DESCRIPTION
BEING ALL OF OTAY RANCH VILLAGE 8 WEST, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO.— FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,
SMRH:4834-9891-6022.11 EXHIBIT 111311 CEta Vera-IMaster CC Rs
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LEGAL DESCRIPTION'
PARCELS I AND,2 OF PARCEL MAP NO21.215,1 NTHE CITY OF CHULA VISTA,COUNTY
OF,SAN DIEGO,STATE OF CALIFORNIA,FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY JANUARY 29,2015.
.............................
DOUGLAS 7
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HUNSAKER&A e�tIATIES ,ANSI DI EGO,IC, A,
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,SM RH:4834-9891-6022.11 EXHIBIT 111311 CEta Vera-IMaster CC&Rs
091520 011010-923071
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Exhibit 1
PROPERTY DESCRIPTION
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2020-10-06 Agenda Packet Page 171 of 629
rxihit 1
PROPERTY DESCRIPTION
LEGAL DESCRIPTION
BEING A SUBDIVISION, KNOWN AS GHULA VISTA TRACT NO. 19-03 OTAY
RANCH VILLAGE 8 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO._ , FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,
2020-10-06 Agenda Packet Pae 172 of 629
EXHIBIT 2
Property Development Concept:
VILLAGE 8 WEST SITE UTILIZATION PLAN
Slite Utilization Plan,
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L -medium Density,ResIdential'Viliac ge(LNIV)
Open Space(0S)
Open Space(Proserve-OSP)
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Prebse Plan Required-See Section 9.3-7)
2020-1.0-0,6 Agenda Packet Page 1.73 of 629
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C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
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CITY, OF
CHUIAVISTA
October 6,2020 File ID: 20-0394
,TITS
A. RESOLUTION of THE CITY COUNCIL OF"THE CITY OF CHULA VISTA APPROVINGA STORMWATER.
MANAGEMENT FACILITIES MAINTENANCE WITH GRANT of ACCESS AND, COVENANTS FOR OTAY
RANCH VILLAGE EIGHT WEST BETWEEN THE CITY of CHULA VISTA AND HOMEFED VILLAGE 8,
LLC AND OTAY LAND COMPANY, LLC
B. RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA APPROVING A GRANT of
EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE EIGHT WEST
BETWEEN THE C'IT'Y of CHULA VISTA AND HOMEFED VILLAGE 8,,LLC AND OTAY LAND COMPANY,
LLC
C. RESOLUTION NOTICING THE APPROVAL of THE FINAL "A" MAP of CHULA VISTA TRACT NO. 19-
03, OTAY RANCH VILLAGE 8 WEST
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
Elo neFed Village 8, LLC, a Delaware limited liability company and Otay Land Company, LLC, a Delaware
limited liability company, (collectively,"owner"or"Developer"),and the City of Chula Vista(the"City")have
negotiated a Storm Water Management Facilities Maintenance Agreement (the "stormrvater Maintenance
Agreement") providing the terms and conditions for the maintenance of'the various stormwater facilities in
Otay Ranch.Village Eight West ("Village 8 West" or the "Project"). adoption of Resolution.A would approve
the stormwater Maintenance Agreement. owner and City have also negotiated a Grant of Easements,
License,and Maintenance Agreement (the "GELMA") that provides the terms for the maintenance of certain
public improvements within Village 8 West. Adoption of Resolution B would approve the GE LMA. Adoption
of Resolution C would approve the noticing of the Final"A" Map for Village 8 West.
ENVIRONMEN'TAL REVIEW
The Development services Director has reviewed the proposed activity for compliance with. the California
Environmental Quality Act (CEQA) and has determined that the activity required by the stormwater
Maintenance Agreement was adequately covered in previously certified Final Environmental Impact Report
(FEIR 10-03) (sCH #2010062093) for the Otay Ranch sectional Planning Area (SPA) Plan - Village 8 West.
Thus,no further environmental review or documentation is required.
1 . 0 0 1 P Ii1
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St0rmwater Maintenance Agreement
Owner has applied for a grading permit for the Project,located on portions of Lots 27 and 28 of Otay Rancho,
per Map leo. 862 filed February 7, 1900 (the "Project Site") as depicted in the Vicinity Map (Attachment 2)
and more particularly described in the legal description provided as Attachment 3.
As a condition of the Grading Permit, Owner is required to implement and maintain structural or non-
structural pollution prevention measures, such as site design, source control, treatment control, and
hydromodification control (where applicable) methods required to minimize polluted runoff and any other
environmental impacts from the Project during the post-development phase (collectively,the"BMPs").
Condition of approval number 26 of the City of Chula Vista Standard Tentative Map Conditions of Approval,
per Section 5-300 of City's Subdivision Manual, as approved by City Council via Resolution 2010-278,
requires Owner to enter into a maintenance agreement to secure the maintenance of drainage related
facilities including but not limited to the removal of silt from any temporary or permanent basins,the repair
of downstream erosion, and provide any resource agency permit necessary of said improvements for the
Project(collectively,"Erosion/Sedimentation Control Facilities P1
Owner has represented that certain drainage improvements, biofiltration BMP basins, detention basins,
desalting basins, drainage outfall, storm water quality management facilities and erosion/sedimentation
control facilities as shown on the rough grading plans for the project, Chula Vista Drawing lumber 14011,
will meet City and regional water Quality Control Board requirements for water quality for the entirety of
Village 8 west. A portion of the BMPs are located onsite,and a portion of the BMPs are located offsite on the
real property more particularly described in Attachment 4. The Owners will initially maintain such
improvements as provided in the Stormwater Maintenance Agreement.
Pursuant to the City's urbane runoff regulations, including Chula Vista Municipal Code, Chapter 14.20 (the
"Storm water Management and Discharge Control Ordinance") and the Chula Vista BMP Design Manual,
Owner is required to prepare and submit a Stormwtiter Quality Management Plan (SWQMP),which includes
an inspection,operation,and Maintenance Plan(IOMP).The Owner has submitted a Sw MP,which is on file
in the office of the City Engineer,proposing that storm water runoff from the Project be detained and treated
by the use of permanent Storm Water Management Facilities ("SWMFs"). The SWMFs are classified in the
SWQMP as site design.,treatment control,and hydromodification.control BMPs.
The SW MP specifies the manner and standards by which the SWMFs MF's must be inspected, maintained, and
repaired in order to retain their effectiveness. Prior to the issuance of any construction permits for Project,
the City requires Owner(s) to eater into the Stormwater Maintenance Agreement to ensure the installation.,
inspection,maintenance,and repair of permanent SWMFs.
P 2
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GELMA
The Grant of Easements, License, and Maintenance Agreement (GELMA provides certain non-exclusive
easements over and across Public Areas to privately maintain, repair, and replace certain public
improvements within the public right-of-way or on public land("Public Areas"). These public improvements
include but are not limited to landscaping, bioretention and biofiltration basins, street tress, decorative
lighting,benches,and other improvements located within said maintained Public Areas.
The GELMA provides that the property owners will agree,at their sole cost and expense,to maintain,repair,
and replace,or cause to be maintained,repaired,and replaced,those improvements within the Public Areas
at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works,
at his/her discretion. Property owners are permitted to assign their GELMA obligations to a homeowner's
association or other entity in accordance with the Agreement.
Final "A
On February 18,, 20�20 by Resolution 2020-034, Council approved the Ota y Ranch Village 8 West Tentative
Map, Chula Vista Tract No. 19-03. Otay Ranch Village 8, West is approximately 300.7 acres, and generally
located south of the existing terminus of La Media Road and southwest of the intersection of Magdalena
Avenue and Main Street (``Project"). The Project consists of 30 numbered lots and 14 letter lots. The Final
"A" Map has been reviewed by the City Engineer and found to be in substantial conformance with the
approved"Tentative Map. In accordance with Chula Vista Municipal Code section 18.16.180, the Developer
has entered into a Subdivision Improvement Agreement and Supplemental Subdivision Improvement
Agreement to construct certain public improvements within the Project.
Staff recommends that the City Council approve the resolutions approving the Storm Water Maintenance
Agreement and GEL A,and approve the noticing of the Final"A" Map for Village 8 West.
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
§8,7100,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
All costs associated with processing the Final"A"Map, Subdivision Improvement Agreement, Supplemental
Subdivision Improvement Agreement and Stormwater Maintenance Agreement,are borne by the Developer,
resulting in no net impact to the General Fund or Development Services Fund in the current fiscal year as a
result of this action.
P 3
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ONGOING FISCAL IMPAC'I"
There is no ongoing fiscal impact associated with the proposed Stormwater Maintenance Agreement.,
ATTAC14MENTS
1. Storm Water Maintenance Agreement
2. Property Vicinity Map
3. Property Legal Description
4. Description of Off-Site Facilities
5. Grant of Easement, License and Maintenance Agreeement
Staff Contact: Christopher Bauer,Development Services Department
P 4
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA NOTICING THE APPROVAL OF FINAL 44A"
MAP OF CHULA VISTA TRACT NO. 19-03, OTA Y RANCH
VILLAGE 8 WEST
WHEREAS, On February 18, 2020 by Resolution 2020-034, City Council approved the
Otay Ranch Village 8 West Tentative Map, Chula Vista Tract No. 19-03; and
p I
WHEREAS, HomeFed Village 8, LLC, a Delaware limited liability company and Otay
an Company, LLC, a Delaware limited liability company (Owner) has submitted the Final
"A"Map for Otay Ranch Village 8 West; and
WHEREAS, Otay Ranch Village 8 West is approximately 300.7 acres, and generally
located south of the existing terminus of La Media Road and southwest of the intersection of
Magdalena Avenue and Main Street(the "Project"); and
WHEREAS, pursuant to the Project Conditions of Approval the Subdivision
Improvement Agreement (SIA) and the upplemental Subdivision Improvement Agreement
( SIA have been approved and executed as a condition precedent to approval of the Final "A"'
Map, for Otay Ranch Village 8 West; and
WI- EREASI In accordance with California Government Code Section 66458(d), notice is
hereby given that the City Engineer has reviewed and, immediately following this City Council
meeting of October 6, 2020, will approve the following final maps : City of Chula Vista Tract
No. 19-03, Otay Ranch Village 8 West "A"'Map (Map); and
WHEREAS, The Project consists of 30 numbered lots and 14 letter lots,. The Map has
been reviewed by the City Engineer and found to be in substantial conformance with the
approved Tentative Map; and
WHEREASI The City Engineer has found that the Map complies with the provisions of
the Subdivision Map Act and any local ordinances applicable at the time of approval of the
Tentative Map; and
WHEREAS, The City Engineer has found that the Map is technically correct; and
WHEREAS, Said Map will be finalized and recorded, unless an interested party files a
valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar
days from the date of this October 6, 2020 City Council meeting. A valid appeal. must identify
the improper/incorrect finding and the basis for such conclusion.
2020-1.0-0,6 Agenda Packet Page 1.78 of 629
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby files notice of the approval of the Otay Ranch Village 8 West Final "A"
Map.
Presented by: Approved as to form by:
Tiffany Allen Glen R. Googins
Director of'Deve Services City Attorney
2020-1.0-0,6 Agenda Packet Page 1.79 of 629
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA VISTA, CA 91910
r
This Instrument Benefits City Only. Above Space for Recorder's Use
No Fee Required.
APN: 644-070-12, 15, 17, 19 & 24 CCV File No. OR65 I G
STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
WITH GRANT OF ACCESS AND COVENANTS
OTAY RANCH VILLAGE 8 WEST
THIS STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
("Agreement"), ate 2020, for the purpose of reference only and effective the
date on which the last party hereto affixes his/her signature ("Effective Date"), is entered into
between HomeFed Village 8, LLC, a Delaware limited liability company and Otay Land
Company, LLC, a Delaware limited liability company ("Owner(s)") and the City of Chula Vista,
a municipal corporation, ("City") (individually, each may be referred to as "Party" and
collectively as "Parties") with reference to the following facts:
RECITALS
WHEREAS, Owner(s) has(have) applied for a Land Development ("Grading Permit")
for the development of Otay Ranch Village 8 West ("Project"), located on portions of Lots 27
and 28 of Otay Rancho, per Map No. 862 filed February 7, 1900 ("Project Site") as depicted in
Exhibit "A" and more particularly described in Exhibit "B", both attached hereto and
incorporated herein by reference; and
WHEREAS, as a condition of the Grading Permit, Owner(s) is(are) required to
implement and maintain structural or non-structural pollution prevention measures, such as site
design, source control, treatment control, and hydromodification control (where applicable)
methods required to minimize polluted runoff and any other environmental impacts from Project
during the post-development phase (collectively "BMPs"); and
WHEREAS, condition of approval number 26 of the City of Chula Vista Standard
Tentative Map Conditions of Approval per Section 5-300 of City's Subdivision Manual,
approved by City Council by Resolution 2010-278, requires the Owner(s) to enter into a
maintenance agreement to secure the maintenance of drainage related facilities including but not
limited to the removal of silt from any temporary or permanent basins, the repair of downstream
erosion, and provide any resource agency permit necessary of said improvements for the Project
(collectively, "Erosion/Sedimentation Control Facilities"); and
2020-10-06 Agenda Packet Pae 1.80 of 629
FacilitiesStorm Water Management °'File
WHEREAS, Owner(s) has(have) represented that certain drainage improvements,
biofiltration BMP basins, detention basins, desilting basins, drainage outfall, storm water quality
management facilities and erosion/sedimentation control facilities as shown on the rough grading
plans for the Project, Chula Vista Drawing Number 14011, will meet City and Regional Water
Quality Control Board requirements for water quality for the entirety of Village 8 West; and
WHEREAS, a portion of the BMPs are located on-site, and a portion of the BMPs are
located offsite on the real property more particularly described on Exhibit"C"; and
WHEREAS, Owner(s) will initially maintain such improvements as provided in this
Agreement; and
WHEREAS, pursuant to City's urban runoff regulations, including Chula Vista
Municipal Code, Chapter 14.20 (the "Storm Water Management and Discharge Control
Ordinance") and the Chula Vista BMP Design Manual, Owner(s) is(are) required to prepare and
submit a Stormwater Quality Management Plan (SWQMP), which includes an Inspection,
Operation, and Maintenance Plan (IOMP); and
WHEREAS, the Owner(s) has(have) submitted S WQMP, which is on file in the office of
the City Engineer; and
WHEREAS, the S WQMP proposes that storm water runoff from Project be detained and
treated by the use of permanent Storm Water Management Facilities ("SWMFs"); and
WHEREAS, the SWMFs are classified in the S WQMP as site design, treatment control,
and hydromodification control BMPs; and
WHEREAS, the SWAMP specifies the manner and standards by which the SWMFs must
be inspected, maintained, and repaired in order to retain their effectiveness; and
WHEREAS, prior to the issuance of any construction permits for Project, City requires
Owner(s) to enter into Agreement to ensure the installation, inspection, maintenance, and repair
of permanent SWMFs.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions:
ARTICLE I. DEFINITIONS
1.1 Unless context indicates otherwise, for the purpose of this Agreement, all the below-
listed terms shall be defined as follows:
"Agreement" means this Storm Water Management Facilities Maintenance Agreement
with Grant of Access and Covenants.
"City" means the City of Chula Vista, an official of the City, or any staff member
authorized to act on behalf of the City.
Page 2 of 18
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Storm
Water Management Facilities Maintenance Agreement CC V File No.
"Best Management Practices, or BMPs" means structural or non-structural pollution
prevention measures, such as site design, source control, treatment control, and
hydromodification control methods required to minimize polluted runoff from Pro j ect
during the post-development phase.
"Drainage Improvement" includes, but is not limited to, storm water management
facilities and other permanent and temporary public or private drainage improvements,
biofiltration BMP basins, detention basins, desalting basins, drainage outfall, and
erosion/sediment control facilities proposed for construction within the Project, as shown
in Exhibit C.
"Inspection, operation, and Maintenance Plan" or "IOMP" means a description of
inspection, operation, and maintenance activities and schedules required to ensure proper
operation and effectiveness of the S WMFs into perpetuity.
"Grading Plans" mean the City of Chula Vista Rough Grading Plans for Chula Vista
Tract No.19-03 Otay Ranch Village S West, Drawing Number 14011, Work order No.
OR651 G. Grading plans can be amended from time to time by approval of the City
Engineer.
"Owner(s)" means the current land owner(s) of Project Site, which is the subject of this
Agreement, anyone authorized to act on behalf of the land owner(s) of Project Site, and
any and all of owner's successors in interest, whether individual, partnership,
corporation, or other entity such as a Home owners' Association ("HOA"), regardless of
the manner of transfer, including purchase, devise, or gift.
"Project" means all improvements and land dedicated to the development, which is the
subject of Agreement, including any offsite water quality facilities.
"Project Site" means the land dedicated to the development, which is the subject of
Agreement, including any offsite water quality facilities.
"Security" means any bond, cash deposit, or letter of credit that City may require from
Owner(s)to assure the faithful performance of the obligations of Agreement.
"Storm Water Management Facility" ("SWMF") means any and all onsite and offsite
structural facilities constructed as Project's site design, treatment control,
hydromodification control BMPs, desalting basins, drainage outfall, and erosion/sediment
control facilities, proposed as part of the development project submittals, and as approved
by City prior to the issuance of a development permit, or as amended with City's
approval after the development is complete.
"Storm Water Quality Management Plan" ("SWQMP") means a document prepared in
accordance with the requirements of the Chula Vista BMP Design Manual and submitted
to the City as part of Project's permit application documents.
Page 3 of 18
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Storm Water Management Facilities Maintenance
ARTICLE II. OWNER'S BMP OBLIGATIONS
2.1 Construction of BMP Facilities. Owner(s) shall construct the Drainage Improvements
and BMP Facilities, as shown on the approved Grading Plans for the Project and any
subsequent grading plans for Village 8 as approved by the City Engineer. These Drainage
Improvements and BMP Facilities shall comply with all the provisions of the National
Pollutant Elimination System and the City's BMP Manual Clean water Act. Owner(s)
understand(s) and agree(s) that Owner(s) is/are responsible for obtaining all necessary
permits, approvals, and certifications, if any, from applicable federal or state agencies,
including but not limited to, if applicable, Caltrans, the California Department of Fish and
Game and/or the US Army Corps of Engineers. City shall cooperate with owner as
necessary to obtain all such permits, approvals and certifications.
2.2 Maintenance of BMP Facilities. Owner(s) shall operate and maintain the Drainage
Improvements and BMP Facilities as shown in Exhibit C in accordance with the latest
City-approved IOMP until such time as the HOA accepts the maintenance of all or any
part the Drainage Improvements or the BMP Facilities in perpetuity. In addition, it is a
requirement of this Agreement that the owner or the HOA shall submit to the City an
Assessment and Maintenance Report for all the BMP Facilities every five years. The
Assessment and Maintenance Report shall be prepared by a Registered Civil Engineer
and shall be subject to the approval of the City Engineer. Said report shall also describe
all the prior maintenance work that has been completed within the previous five years and
any future major repair.
ARTICLE III. OWNER'S SWMF OBLIGATIONS
3.1 Construction and Maintenance of Stormwater Management Facilities (SWMF).
Owner(s) shall install, inspect, maintain, repair, and replace all SWMFs for the Project as
provided on Exhibit "C" and as otherwise required by the Director of Public works and
City Engineer, or his/her designated representative, in their reasonable discretion.
3.1.1 Sc pe of Ma,' terra . owner's maintenance shall include inspection and
servicing of SWMFs on the schedule determined necessary to ensure that the
SWMFs retain their effectiveness.
3.1.2 Duration of Qblilgation. owner's obligation to maintain, repair, and replace the
SWMFs shall continue in perpetuity until all obligations under this Agreement are
assigned to, and assumed by, a Responsible Party approved by City as provided in
this Agreement.
3.2 Grant of Right of Entry. Owner(s) shall grant to the City, its representatives, or
contractors, the right to enter the Project to inspect SWMFs, or perform any permitted
acts or obligations under this Agreement, including maintenance of said facilities in the
event the Owner(s) fails(fail) to fulfill its(their) maintenance obligations after proper
notice.
Page 4 of 18
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Storm Water Management Facilities z i
3.2.1 No Prior or once,. City shall have the right, at any time and without prior notice to
Owners), to enter upon any part of Project as may be necessary or convenient for
any acts permitted hereunder.
3.2.2 Unobstructed Access. Owner(s) shall at all times maintain Project so as to make
City's access clear and unobstructed.
3.3 Modification of IOMP. Owner(s) shall, at the City's request, in City's sole discretion,
amend the IOMP. The Owner(s) may amend the IOMP from time-to-time, subject to City
approval. The IOMP is attached hereto as Exhibit"D."
3.3.1 P o f n.e.`s O^ 'li c t of s. Any obligations, conditions, or requirements of an
amended IOMP shall become part of this Agreement immediately as if originally
included herein, and the Owner(s) shall be responsible for such amended
obligations, conditions, or requirements. The amended IOMP shall not be applied
retroactively.
The IOMP shall describe employee training programs and duties, routine inspection,
service and operating schedules, maintenance frequency, and specific maintenance
activities.
3.4 Submission of Documents. Owner(s) shall include a copy of the IOMP for the SWMFs
in the SWQMP for Project and submit a copy to City, at or before the time this
Agreement is executed.
ARTICLE Iv. ASSIGNMENT AND RELEASE
4.1 Assignment by Owner. Owner(s) represent(s) to City that it intends to, and has the
authority to, transfer (subject to the City's approval as provided herein) all or some of its
responsibilities and obligations under this Agreement to a Responsible Party (each a
"Responsible Party"). A Responsible Party may include the HOA formed with respect to
all or part of the Project Site. A transfer from Owner to a Responsible Party will not be
effective and will not release Owner from any responsibilities or obligations under this
Agreement until City makes a written determination that all of the following conditions
have been satisfied:
4.1.1 Re,spqnsibte, Pai1y, Accepts bli at ns. The Responsible Party unconditionally
agrees, in writing, to accept and assume all of Owner's obligations and
responsibilities under this Agreement from and after the date of the assignment.
The assignment must provide that the burden of this Agreement remains a
covenant running with the land, subject to Section 10.21. The assignment must be
approved by the appropriate governing body of the Responsible Party by
resolution or similar procedural method and must executed by a person with
authority to bind the Responsible Party.
4.1.2 Res - nssi e'.Pa . ls tra"n.�c-c. The Responsible Party procures and maintains, at itsm
sole cost and expense, comencing no later than the date of the assignment, a
policy or policies of insurance, naming the City as an additional insured, which
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meet or exceed the insurance requirements set forth in Article VII of this
Agreement.
4.1.3 R,esponsible, Part v Ind,diinit v. The Responsible Party acknowledges and agrees in
writing that it will indemnify, defend, and hold harmless City and all Indemnitees
in the same manner and to the same extent as required by Owner pursuant to
Article VI of this Agreement.
4.1.4 des onsi` e Partv Security. The Responsible Party acknowledges and agrees that
it subject to the requirements to obtain security as provided in Article VIII of this
Agreement.
4.1.5 City's Pr or Wrlaen Consent. Except for an assignment to the HOA as provided in
this Agreement, Owner obtains City's prior written consent to the proposed
assignment, including approval as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
If the above conditions are satisfied and Owner assigns its rights and obligations under
this Agreement to a Responsible Party, the Responsible Party shall assume all
responsibilities and perform all obligations of Owner under this Agreement. To effectuate
an assignment under this Agreement, the Parties agree to use an Assignment of
Obligations Under Storm Water Management Facilities Maintenance Agreement With
Grant of Access and Covenants in substantially the same form as the attached Exhibit
"E", subject to changes as approved by the City Attorney.
4.2 Release of Owner. When all conditions precedent in Section 4.1 are fulfilled and the
Assignment of Obligations Under of Obligations Under Storm Water Management
Facilities Maintenance Agreement With Grant of Access and Covenants has been
recorded, Owner shall be released from its obligations under this Agreement. Owner
acknowledges that it has a contractual obligation to perform the terms and conditions of
this Agreement until released by the City from this Agreement. At least thirty (3 0) days
prior to proposed assignment, Owner shall give a notice to the City of Owner's desire to
assign its obligations herein and provide the City with the appropriate documents listed in
Section 3.1.
4.3 Phased Transfer. The parties agree that an assignment of obligations under this
Agreement may be phased (that is, there may be multiple transfers) subject to City's prior
written approval.
ARTICLE V. CITY'S RIGHTS
5.1 Perform Maintenance. City shall have the right, but not the obligation, to elect to
perform any or all of the maintenance activities provided herein.
5.1.1 Notice. Except in the case of an emergency, prior to performing any maintenance
activities, City shall provide Owner(s) with a written notice ("Notice"), informing
Owner(s) of its (their) failure to satisfactorily perform its (their) obligations under
Agreement.
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5.1.1.1 Emergencies. In the event of an emergency, as determined by City, City
shall not be required to provide Owner(s) with notice in advance of
performing any and all maintenance activities it deems necessary.
5.1.2 .71"! I'le to, Ctre. Owner(s) shall have a reasonable time, as defined in the Notice, to
cure any failure to perform its (their) maintenance obligations. If a cure cannot be
completed within the time limit identified in the Notice, Owner(s) shall provide
City with a written request for additional time, which shall include sufficiently
detailed explanation as to why the cure cannot be completed within such
timeframe. If the City approves a request for additional time, Owner(s) shall
immediately commence such cure and diligently pursue to completion.
5.1.3 Costs of Maintenance. In the event City performs any maintenance under this
Article V. then Owner(s) shall pay all costs City incurred in performing said
maintenance activities. Payment shall be subject to the following terms:
5.1.3.1 Due Date. Net 30.
5.1.3.2 Interest. Any late payment shall be subject to a rate of eight percent (8%)
interest per annum. 11
5.1.3.3 Use of Security. If payment is not received by the Due Date, City may, at
its option, recover its costs through use of any security provided by
Owner(s). Any costs associated with recovery shall be charged to and be
an obligation of Owner(s).
5.2 City Inspections. City shall have the right to conduct inspections of the SWMFs from
time-to-time as required by the National Pollutant Discharge Elimination System
Municipal Permit, Order No. R9-2013-0001 and any re-issuances thereof, to ensure
adequate maintenance and effectiveness of the SWMFs. Owner(s) agrees (agree) to pay
all inspection fees as may be established by City.
5.3 Approvals. Owner(s) acknowledge(s) and agree(s) that the performance of
Owner's/Owners' obligations herein is required for the health and safety of the residents
of the City. Therefore, the Owner(s) agree(s) that the City shall have the absolute and
unfettered right to withhold the issuance of any grant of approval for the Project if the
Owner(s) is/are determined by the City not to be in material compliance with the ten-ns of
this Agreement, provided that the foregoing shall not apply from and after the HOA's
assumption of maintenance responsibilities set forth herein. If Owner(s) is/are determined
by the City not to be in material compliance with any term of this Agreement, the City
shall notify Owner(s) of its non-compliance and provide the Owner(s) with thirty (3 0)
days to cure said non-compliance. The Owner(s) shall not be in non-compliance if, upon
notification of non-compliance, Owner(s) diligently starts to work toward cure of said
non-compliance and diligently pursues, as determined by the City Engineer, a course of
action to achieve a cure within a reasonable time-frame.
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Storm Water Management Facilities Maintenance i 5
ARTICLE VI. INDEMNITY
6.1 General Requirement. Owner(s) shall defend, indemnify, protect and hold harmless the
City, its elected and appointed officers, agents, employees, and volunteers
("Indemnitees") from and against any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Owners), its officials, officers,
employees, agents, and contractors ("Indemnitors"), arising out of or related to the
installation, inspection, maintenance, repair, or replacement of the BMPs or this
Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses (including without limitations, attorneys fees) arising from the sole
negligence or sole willful misconduct of the Indemnitees. Also covered is under the
indemnity obligations is liability arising from, connected with, caused by or claimed to be
caused by the active or passive negligent acts or omissions of the Indemnitees, which
may be in combination with the active or passive negligent acts or omissions of the
Indemnitors.
6.2 Costs of Defense and Award. Included in the obligations in Section 6.I, above, is the
Owner's obligation to defend, at owner's own cost, expense and risk, any and all
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the Indemnitees. Owner(s) shall pay and satisfy any judgment, award or
decree that may be rendered against Indemnitees for any and all legal expense and cost
incurred by each of them in connection therewith.
6.3 Conduct own Defense. If City elects, at its reasonable discretion due to a non-waivable
conflict of interest, to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense on any claim related to the installation, inspection,
maintenance, repair or replacement of the S`]LIMFs, Owner(s) agrees (agree) to pay the
reasonable value of attorney's fees and all of City's reasonable costs.
6.4 Insurance Proceeds. Owner's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Indemnitees.
6.5 Declarations. Owner's obligations under this Article VI shall not be limited by any prior
or subsequent declaration by the Owners).
6.6 Enforcement Costs. Owner(s) agrees (agree) to pay any and all costs Indemnitees incur
enforcing the indemnity and defense provisions set forth in this Article VI.
6.7 Survival. Owner's obligations under this Article VI shall survive the termination of this
Agreement.
ARTICLE VII. INSURANCE
7.1 Insurance. Owner(s) shall not begin work under this Agreement until it has (they have)
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Storml l
(i) obtained, and upon the City's request provided to the City, insurance
certificates reflecting evidence of all insurance required in this Article VII;
(ii) obtained City approval of each company or companies; and (iii)
confirmed that all policies contain the specific provisions required by this
Section.
7.2 Types of Insurance. At all times during the term of this Agreement, Owner(s) shall
maintain commercial general liability insurance coverage and amounts of coverage
reasonably required by City to protect the City from any potential claims, which may
arise from the installation, inspection, maintenance, repair or replacement of the SWMFs
or any other obligations under this Agreement.
7.3 Policy Endorsements Required.
7.3.1 Addl-ttonal lsds.. City of Chula Vista, its officers, officials, employees, agents
and volunteers are to be named as additional insureds with respect all required
policies of insurance with respect to liability arising out of obligations under this
Agreement performed by or on behalf of the owners).
7.3.2 Pri a v [n,surance. owner's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the insurance
of the Owner(s) and in no way relieves the Owner(s) from its (their) responsibility
to provide insurance.
7.3.3 aivgl of S br ation. owner's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required
by this Agreement.
7.3.4 Cancellation. The insurance policies required must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested. The words
"will endeavor" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents, or representatives" shall be
deleted from all certificates.
7.4 Proof of Insurance Coverage. Owner(s) shall furnish the City with original certificates
and amendatory endorsements affecting coverage required. The endorsements should be
on insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the City before work commences on the Project. The City reserves the right to require,
at any time, complete, certified, copies of all required endorsements evidencing the
coverage required by these specifications.
7.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either the insurer
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,
will reduce or eliminate such deductibles or self-insured retentions as they pertain to the
City, its officers, officials, employees and volunteers; or the Owner(s) will provide
a financial guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
7.6 Active Negligence. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insureds in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil
Code.
7.7 Not a Limitation of other obligations. Insurance provisions under this Article shall not
be construed to limit the Owner's obligations under this Agreement, including Indemnity.
ARTICLE VIII. SECURITY
8.1 Security Required. If within any five-year period, City inspectors determine on two
occasions that Owner(s) has (have) failed to effectively operate, maintain, or repair the
SWMFs, and such failure continues beyond a reasonable time after notice to Owner(s),
City may require Owner(s) to provide City with Security to assure the faithful
performance of the obligations of this Agreement.
8.1.1 Amount f Security. The amount of the security shall equal the cost to maintain
the SwMFs for two (2) years, which cost shall be determined as identified in the
Project SwQMP ("Security Amount").
8.1.2 T ie ofSec r' Security may be of any of the following types:
8.1.2.1 .Performance Bond. Owner(s) shall provide to the City a performance
bond in favor of the City in the Security Amount and subject to the
provisions below.
a. Certificate of Agency. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act.
b. Licensing and Rating. The bonds shall be from surety companies
admitted to do business in the State of California, licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits required by this agreement, listed as
approved by the United States Department of Treasury Circular
570, http://www.fms.treas.gov/c570, and which also satisfy the
requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulation, and
have a minimum AM Best rating of "A-" to an amount not to
exceed ten percent(10%) of its capital and surplus.
c Insolvency or Bankruptcy. If the surety on any bond furnished by
the Owner(s) is declared bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of the
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Proj ect is located, Owner(s) shall within seven (7) days thereafter
substitute or require the substitution of another bond and surety,
acceptable to the City.
8.1.2.2 Letter of Credit. As security for Owner's obligations under this
Agreement, Owner(s) shall cause an irrevocable letter of credit in the
Security Amount ("Letter of Credit") to be issued in favor of the City by a
reputable state or national financial institution with a branch located in
Chula Vista.
a. Draw on Letter of Credit. The City may draw upon the Letter of
Credit for the full amount or any series of partial amounts as
necessary by means of a sight draft accompanied by a statement
from the City Manager, Deputy City Manager, Business Center
Manager, that the Owner(s) has(have) not satisfied Owner's
obligations hereunder.
8.1.2.3 Cash Deposit. In lieu of a Performance Bond or Letter of Credit, Owner(s)
may deposit the Security Amount with the City.
a. Return of Security. Any unused balance of the Security at the end
of the Term shall be returned to the Owner(s) in accordance with
City's accounting procedures.
8.1.3 Adjustnient f6rhilIatlon. The Security Amount shall be adjusted at a rate of 5%
per annum.
8.1.4 Term. Security shall remain in full force and effect for two (2) years from the date
it is received by the City provided no further failures are identified by City
Inspectors during the initial two (2) year period. In the event additional violations
occur, the City shall retain the Security until such time as the City Manager, in his
sole discretion, deems appropriate to ensure the Owner's obligations will be
satisfied.
8.1.5 Form of Security. Security required under this Article shall be in a form
satisfactory to the City Manager and City Attorney.
8.1.6 Use of SeCtl . In accordance with Article III, City may use all or any portion of
this Security to fund the costs associated with the City's performance of any of
the maintenance activities for the Project's SWMFs.
1
8.1.7 R,�p e_ h. Security If at any time the Security Amount shall drop below the
amount required under Section 8.1.1, Owner(s) shall deposit additional funds,
provide an additional Letter of Credit to City, or provide an additional bond
within thirty (30) days, such that the total amount of Security available to the City
is equal to the amount required in Section 8.1.1.
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ARTICLE IX. RECORDS
9.1 Record Keeping. The designation of a Responsible Party to maintain the S WMFs does
not relieve Owner(s) of any of the obligations or duties under this Agreement. Owners),
its (their) successors, or a designated Responsible Party, shall retain records of the IoMP
and maintenance and inspection activities for at least five years. Said records shall be
made available within 5 days, upon request by City.
ARTICLE X. STANDARD PROVISIONS
10.1 Headings. All headings are for convenience only and shall not affect the interpretation of
this Agreement.
10.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter
gender includes the masculine and the feminine genders and (ii) the singular number
includes the plural number.
10.3 Reference to Paragraphs. Each reference in this Agreement to an Article or Section
refers, unless otherwise stated, to an Article or Section in this Agreement.
10.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and
are made a part hereof.
10.5 Covenants and Conditions. All provisions of this Agreement expressed as either
covenants or conditions on the part of the City or the owner(s), shall be deemed to be
both covenants and conditions.
10.6 Integration. This Agreement and the Exhibits and references incorporated into this
Agreement fully express all understandings of the Parties concerning the matters covered
in this Agreement. No change, alteration, or modification of the terms or conditions of
this Agreement, and no verbal understanding of the Parties, their officers, agents, or
employees shall be valid unless made in the form of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties. All prior
negotiations and agreements are merged into this Agreement.
10.7 Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable, invalid,
or illegal. In the event that any provision of this Agreement shall for any reason, be
determined to be invalid, illegal, or unenforceable in any respect, the remainder of this
Agreement shall remain in full force and effect and the parties hereto shall negotiate in
good faith and agree to such amendments, modifications, or supplements to this
Agreement or such other appropriate action as shall, to the maximum extent practicable
in light of such determination, implement and give effect to the intentions of the parties
as reflected herein.
10.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to
be advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to
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this Agreement is a decision that is the sole responsibility of each Party. This Agreement
shall not be construed in favor of or against either Party by reason of the extent to which
each Party participated in the drafting of the Agreement.
10.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits, the main body of this Agreement shall
control. If a conflict exists between an applicable federal, state, or local law, rule,
regulation, order, or code and this Agreement, the law, rule, regulation, order, or code
shall control. Varying degrees of stringency among the main body of this Agreement, the
Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the
most stringent requirement shall control. Each Party shall notify the other immediately
upon the identification of any apparent conflict or inconsistency concerning this
Agreement.
10.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in
this Agreement.
10.11 Good Faith Performance. The Parties shall cooperate with each other in good faith, and
assist each other in the performance of the provisions of this Agreement.
10.12 Further Assurances. City and Owner each agree to execute and deliver such additional
documents as may be required to effectuate the purposes of this Agreement.
10.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by
this re erence:
Exhibit A: Vicinity map
Exhibit B: Legal Description for Project
Exhibit C: Depiction and Description of BMP and HMP type, location and dimensions
Exhibit D: Maintenance recommendations and frequency. Inspection, Operation, and
Maintenance Plan(IOMP)
10.14 Compliance with Controlling Law. The Owner(s) shall comply with all laws,
ordinances, regulations, and policies of the federal, state, and local governments
applicable to this Agreement, including but not limited to Chula Vista Municipal Code
Chapter 14. In addition, the Owner(s) shall comply immediately with all directives issued
by the City or its authorized representatives under authority of any laws, statutes,
ordinances, rules, or regulations.
10.15 Enforcement. Failure to comply with the terms of this Agreement constitutes a violation
of the Chula Vista Municipal Code Chapter 14.20 "Storm Water Management and
Discharge Control" and may result in enforcement action pursuant to City's storm water
regulations and administrative procedures.
10.16 Jurisdiction, Venue, and Attorney Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of California. Any action arising under
or relating to this Agreement shall be brought only in the federal or state courts located in
San Diego County, State of California, and if applicable, the City of Chula Vista, or as
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close thereto as possible. Venue for this Agreement, and performance hereunder, shall be
the City of Chula Vista. The prevailing Party in any such suit or proceeding shall be
entitled to a reasonable award of attorney fees in addition to any other award made in
such suit or proceeding.
10.17 Administrative Claims Requirement and Procedures. No suit shall be brought arising
out of this agreement, against the City, unless a claim has first been presented in writing
and filed with the City of Chula Vista and acted upon by the City of Chula Vista in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if fully set forth
herein.
10.18 Third Party Relationships. Nothing in this Agreement shall create a contractual
relationship between City and any individual, entity, or other not a party to this
Agreement.
10.19 Non-Assignment. Except as expressly provided herein, the Owner(s) shall not assign the
obligations under this Agreement, whether by express assignment, by sale of the
company, or any monies due or to become due, without the City's prior written approval.
Any assignment in violation of this paragraph shall constitute a Default. In no event shall
any putative assignment create a contractual relationship between the City and any
putative assignee.
10.20 Successors in Interest. This Agreement and all rights and obligations created by this
Agreement shall be in force and effect whether or not any Parties to the Agreement have
been succeeded by another entity, and all rights and obligations created by this
Agreement shall be vested and binding on any Party's successor in interest.
10.21 Agreement Runs with Project. The terms, covenants and conditions contained in this
Agreement shall constitute covenants running with the land and shall be binding upon the
heirs, executors, administrators, successors and assigns of Owner(s) and City and shall be
deemed to be for the benefit of the City. It is the intent of the Parties that this Agreement
be recorded and be binding upon all persons purchasing or otherwise acquiring all or any
lot, unit or other portion of Project, who shall be deemed to have consented to and
become bound by all the provisions of this Agreement. However, individual owners of
residential lots and condominiums shall have no obligations pursuant to this Agreement.
This Agreement shall commence upon execution of this Agreement by all Parties named
in the Agreement.
10.22 Independent Contractors. The Owner(s), any contractors, subcontractors, and any other
individuals employed by the Owner(s) shall be independent contractors and not agents of
the City. Any provisions of this Agreement that may appear to give the City any right to
direct the Owner(s) concerning the details of performing the Services under this
Agreement, or to exercise any control over such performance, shall mean only that the
Owner(s) shall follow the direction of the City concerning the end results of the
performance.
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10.23 No Waiver. No failure of either the City or Owner(s) to insist upon the strict
performance by the other of any covenant, term or condition of this Agreement, nor any
failure to exercise any right or remedy consequent upon a breach of any covenant, term,
or condition of this Agreement, shall constitute a waiver of any such breach of such
covenant, term or condition. No waiver of any breach shall affect or alter this Agreement,
and each and every covenant, condition, and term hereof shall continue in full force and
effect to any existing or subsequent breach.
10.24 Notices. Owner(s) agrees(agree) that it shall, prior to transferring ownership of any land
on which any part of the Project covered by this Agreement are located, and also prior to
transferring ownership of any such SWMFs, provide clear written notice of the above
maintenance obligations associated with that SWMF to the transferee. Owner(s) further
agrees(agree) to provide evidence that Owner(s) has(have) requested the California
Department of Real Estate to include in the public report issued for the development of
Project, a notification regarding the SWMF maintenance requirements described in this
Agreement.
10.24.1 Sel�vIlg o,t,c . All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any Party shall be deemed to have been properly given or
served if personally served or deposited in the United States mail, addressed to
such party, postage prepaid, registered or certified, with return receipt requested.
10.25 Entitlement to Subsequent Notices. No notice to or demand on the Parties for notice of
an event not herein legally required to be given shall in itself create the right in the
Parties to any other or further notice or demand in the same, similar or other
circumstances.
10.26 Remedies. The rights of the Parties under this Agreement are cumulative and not
exclusive of any rights or remedies that the Parties might otherwise have unless this
Agreement provides to the contrary.
10.27 Counterparts. This Agreement may be executed in more than one counterpart, each of
which shall be deemed to be an original but all of which, when taken together shall
constitute but one instrument.
10.28 Signing Authority. Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement; that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement and agrees to hold the other Party or Parties hereto
harmless if it is later determined that such authority does not exist.
End of page (next page is signature page)
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SIGNATURE PAGE FOR
STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT WITH
GRANT OF ACCESS AND COVENANTS
OTAY RANCH VILLAGE 8 WEST
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
20
OWNERS: CITY OF CHULA VISTA:
HOMEFED VILLAGE 8, LLC
a Delaware Limited Liability Company William Valle, City Engineer
V
._ .W
By: By: Boushra Salem, Principal Civil Engineer
..........
Name:
APPROVED AS TO FORM:
Title: 6L
OTAY LAND COMPANY, LLC Glen R. Googins, City Attorney
a Delaware Limited Liability Company
ATTEST:
By;
Name
Kerry Bigelow, City Clerk
Title:
Dated:
Notary to attach acknowledgment for each signature.)
(Corporate Authority required for each Signatory, if applicable.)
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ACKNOWLEDGMENT
mw
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
vaiidi of that document.
State of California
County of San Diego
on September 29, 2020 before me, Tristan Ma noff,. Notary Public
(insert name and title of the officer)
personally appeared Erin N. Ruhe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islafe
subscribed to the within instrument and acknowledged to me that 4elshe/"executed the same in
#ilisIherl authorized capacity(i , and that by 4isslherl# signature(s) on the instrument the
persons), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
RI AL AL AL J1111111 "Ak AL I& _1P
TRISTAN MANOFF
WITNESS mYhand and official seal. � Notary Public-California
� j
n
� San Diego County
mComission#2217078
Mly Comm.Expires Nov 20
21, ue
Signature (Seal)
2020-10-06 Agenda Packet Pae 1.96 of 629
ACKNOWLEDGMENT
................
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of, San Diego
on September 29, 2020 before me, Tristan Manoff, Notary Public
(insert name and title of the officer)
personally pp
appeared Erin N. Ruhe
who proved to me on the basis of satisfactory evidence to be the person(e)whose name(s) is/a%
subscribed to the within instrument and acknowledged to me that#e/she/#"executed the same in
Ms/her/thE4 authorized capacity(46), and that by 4+s/her/ signature(s) on the instrument the
persons), or the entity upon behalf of which the person(e) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
TRISTAN MANOFF
WITNESS my hand and official seal. 1- � 1,�� Notary Public California z
1 � San mega County z
Commission#2217078
� Comm, Expires Nov 2, 2021
Signature (Seal)
2020-10-06 Agenda Packet Pae 1.97 of 629
Storm Water Management Facilities Maintenance Agreement CC V File No. OR65 I G
Attachments:
L Exhibit A: Vicinity map
2. Exhibit B: Legal Description for Project
3. Exhibit C: Depiction and Description of BMP and HMP type, location and
dimensions
5. Exhibit D: Maintenance recommendations and frequency. Inspection,
Operation, and Maintenance Plan(IOMP)
Page 17 of 18
2020-1.0-0,6 Agenda Packet Page 1.98 of 629
EXHIBIT "All
Vicinity Map
[See Attached]
2020-1.0-0,6 Agenda Packet Page 1.99 of 629
............ .........
EXHIBIT 'A' �
CITY OF
CHULA VISTA
,P
AILOMAR
ST
C3
JA,LU N
ST
91 M,
VICINITY M
NOT TO SCALE
2020-1.0-0,6 Agenda Packet Page 200 of 629
EXHIBIT "B"
Legal Description
[See Attached]
2020-1.0-0,6 Agenda Packet Page 201 of 629
EXHIBIT "B
LEGAL DESCRIPTION
BEING PORTIONS OF LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 862,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7, 1900.
2020-1.0-0,6 Agenda Packet Page 202 of 629
EXHIBIT "B
LEGAL DESCRIPTION
BEING ALL OF OTAY RANCH VILLAGE 8 WEST, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNT,
i
2020-10-06 Agenda Packet Page 203 of 629
EXHIBIT ►►C►►
Depiction and Description of BMP and HMP type, location and dimensions
[See Attached]
2020-1.0-0,6 Agenda Packet Page 204 of 629
EXHIBIT SHEET 1 OF 5
LOT
Lor LOT
LOT 23 2
�- LOT LOT
BIBIOFILTRATION/ A26 1 2 2
HYDROMODIFICA11ON
BASIN BF-1 LOT
WOLF CANYON LDT LO LOT L
3 _8 LOT LOT
5
OT
Cl'', LOT13 LOT
LOT 16
COT
1T 9 LOT LOT 12
10 11
LOT RESERVOIR
LOT
20
(N.A.P) 17
2
LOT
Z 30
LOT
Q 18
m
LO
LOT T
0 21 O
[Il
LOT
a� 19
I�
LOT
22
BIQFILTRAMN BASIN
BF-1 OTAY RIVER
(OFF—SITE)
IIAP
NOT TO SCALE
2020-10-06 Agenda Packet Page 205 of 629
EXHIBIT
SHEET 2 OF 5
OFF—SITE STORM WATER MANAGEMENT FACILITIES
CD S' UNIT
CDS 5668-1O—C
R
r..w�
i
i
O
EX,Hlaj'T'
BASIN OUTLET
t
DETENTION BASIN PLAN VIEW.
BIOFILTRATION BASIN
BF-1 OTAY RIVER
SCALE 1 =1 OD
2020-10-06 Agenda Packet Page 206 of 629
E;liWlBlT 'PC'$ SHEET 3 OF 5
OFF—SITE STORM WATER MANAGEMENT FACILITIES
1 2' 1TOP OF BASIN
MODIFIED TYPE 'A-4'
r CLEANOUT
r
CONCRETE 3 W X 3 H
DRAINAGE DITCH NOTCH
" "a"asalMw ""MiY'a 'y •'•"; °wF '° i, �. " y • ", "p•eu•e ®* . � '"M a
� ,y" � " •'a d,•'x°"� s WMo ,''r' " m•" � "M wu •• .,wa", a
lid
18" ENG. SOIL MIC
GRAVEL
6" PERFORATED PVC 42" PIPE BEYOND
PIPE WRAPPED IN PLASTIC LINEAR
FILTER FABRIC PER 30 MIL PVC
PLAN
M'151N...DUEL
Tv
ELILFILMAll -RIVER.,
A �A
NO SCALE
NOTES:
1. BIOFILTRATION 'ENGINEER SOIL' LAYER SHALL BE MINIMUM 18" DEEP 'SANDY LOAM' SOIL
MIX WITH NO MORE THAN 5% CLAY CONTENT, THE MIC SHALL CONTAIN 50-60% SAND,
20-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL
2. GRAVEL BASE SHALL BE 3/4" CRUSHED ROCK LAYER WITH A MINIMUM DEPTH OF 24."
MAY BE DEEPENED TO INCREASE TTHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-10-06 Agenda Packet Page 207 of 629
� s E)OYIBIT C SHEET 4 OF 5
BMP AND HMP TYPE, LOCATION, AND DIMENSIONS
T'
BASIN RISER
mo
Q
in
tK
Z
Z
O
5
o
m
in
INF
CDS5540-1 D—C
CDS5653-1 D—C
8�O �I L A � YD
110MOD ODI F`I C A O N� B O C'�N ..........
SCALE 1"=1 CC'
2020-10-06 Agenda Packet Page 208 of 629
E.IlIBIT "C" SHEET 5 OF 5
BMP AND HMP TYPE, LOCATION, AND DIMENSIONS
TOP OF BASIN
GRATE
............... .........
MODIFIED TYPE 'A-8"
CLEANOUT X=8' Y=8' II 5V X 1.761 WEIR
—12.5m DIA. ORIFICE
5,75" DIA. ORIFICE
u Ns
II J
...................
18" ENG. SOIL MIX
2,4 -3/4" GRAVEL
PLASTIC LINEAR, 30 MIL PVC
60 PERFORATED PVC PIPE PER PLAN
DMNJ1,QN"w,-.,B,A.-51N RISER
BIO�Fl��L2,AM,�NIH'YDROMODIF,ICAEQN,,.,.Bl'F-1 WOLF CANYON
NOTES: N0 SCALE
1. BIOFILTRATION 'ENGINEER SOIL! LAYER SHALL BE MINIMUM 18" DEEP 'SANDY LOAM" SOIL
MIX WITH NO MORE THAN 5% CLAY CONTENT, THE MIX SHALL CONTAIN 50-60% SAND,
20-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL
2. GRAVEL BASE SHALL BE 3/40 CRUSHED ROCK LAYER WITH A MINIMUM DEPTH OF 24.0
MAY BE DEEPENED TO INCREASE TITHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-1.0-0,6 Agenda Packet Page 209 of 629
EXHIBIT "D"
Maintenance Recommendations and Frequency. Inspection, Operation and Maintenance
Plan (IOMP)
[See Attached]
2020-1.0-0,6 Agenda Packet Page 210 of 629
EXHIBIT OD P
INSPECTION, OPERATION, AND MAINTENANCE PLAN (IOMP)
BEST MANAGEMENT INSPECTION MAINTENANCE
PRACTICES
FREQUENCY
BIORETENTION BASINS MONTHLY, RESPONSIBLE PAR Y�:
(BF-1 OTAY RIVER) AFTER LARGE STORM HOMEFED VILLAGE 8, LLC, OR ASSIGNEE
EVENTS,AND AFTER PRE
REMOVAL OF RRXIT
ACCUMULATED DEBRIS —REMOVE ALL DEAD AND DISEASED
OR MATERIAL. VEGETATION AND TRASH ACCUMULATION.
—FERTILIZER AND PESTICIDE USE IS TO
BE IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE, AND LOCAL
REGULATIONS.
—REMOVE SEDIMENT AND DEBRIS TO
ENSURE NO CLOGGING OR
BLOCKAGE OF OUTLET STRUCTURES
--REMOVE STANDING WATER WHEN
NEEDED TO PREVENT MOSQUITO
BREEDING.
—INSPECT ENGINEERED SOIL FOR
CONTAMINATION WITH SILT OR OTHER
DEBRIS AND REMOVE AND REPLACE
AS NEEDED.
—INSPECT GRAVEL BASE FOR
POSITIVE DRAINAGE, REMOVE AND
REPLACE AS NEEDED.
BEST MANAGEMENT INSPECTION MAINTENANCE
PRACTICES FREQUENCY
BIORETENTION/ MONTHLY, RESPONSIBLE PARTY:
HYDROMODIFICATION AFTER LARGE STORM HOMEFED VILLAGE 8, LLC, OR ASSIGNEE
BASINS EVENTS AND AFTER
(BF-1 WOLF CANYON) REMOVAL OF
ACCUMULATED DEBRIS —REMOVE ALL DEAD AND DISEASED
OR MATERIAL. VEGETATION AND TRASH ACCUMULATION.
—FERTILIZER AND PESTICIDE USE IS TO
BE IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE, AND LOCAL
REGULATIONS.
—REMOVE SEDIMENT AND DEBRIS TO
ENSURE NO CLOGGING OR
BLOCKAGE OF OUTLET STRUCTURES
—REMOVE STANDING WATER WHEN
NEEDED TO PREVENT MOSQUITO
BREEDING.
—INSPECT ENGINEERED SOIL FOR
CONTAMINATION WITH SILT OR OTHER
DEBRIS AND REMOVE AND REPLACE
AS NEEDED.
—INSPECT GRAVEL BASE FOR
POSITIVE DRAINAGE, REMOVE AND
REPLACE AS NEEDED.
2020-10-06 Agenda Packet Page 211 of 629
EXHIBIT "A "
CITY OF
CH U LA VISTA
E PALOMAR
ST
0
W Q�
� G
p�y�e N
i
Cn
N'(P
�0
CD
a
0
w
M y
a
2
v
S LUNA
ST
RpG�
SITE
VICINITY MAP
NOT TO SCALE
2020-10-06 Agenda Packet Page 212 of 629
EXHIBIT "B
LEGAL DESCRIPTION
BEING PORTIONS OF LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF
AN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7, 1900.
2020-10-06 Agenda Packet Page 213 of 629
EXHIBI T f
LEGAL DESCRIPTION
BEING ALL OF OTAY RANCH VILLAGE 8 "WEFT, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
2020-10-06 Agenda Packet Page 214 of 629
EXHIBIT 1.1c l.1 SHEET 1 OF 5
LOT
LOT LOT
LOT 23 24
BIOFILTRATION/ A 0 LOT LOT LOT
HYDROMODIFICATION 1 26 1 2 25
BASIN BF-1
...................................................................
WOLF CANYON LOT LO LOT �sT
3 8 LOT LOT 8
5
C LOT
� LOT LOT
LOT 13 L1
06 �
� 15 9 LOT LOT �
10 11
DoT RESERVOIR nor
� 20 (N.A.P) 17 I
LOT
LOT
z �> 30
LOT
18
np ml
�
LOT L p T
C/) 21
� LOT
m� 19 �
(n
LOT
22
BIOFILTRATION BASIN
BF-1 OTAY RIVER
(OFF-SITE) SITE MAP
NOT TO SCALE
2020-10-06 Agenda Packet Page 215 of 629
EXHIBIT 'C** SHEET 2 OF 5
OFF—SITE STORM WATER MANAGEMENT FACILITIES
I
CDS UNIT
CID5 5668-10—C l
� 340.
\ \ I
EXHIBIT C SHEET 3
BASIN OUTLET
DETENTION BASIN PLAN VIEW:
BIOFILTRATION BASIN � -
BF-1 OTAY RIVER
SCALE 1"=100'
zozo-io-ob Agenda Packet r,=e 216 or 629
EXHIBIT '' *' SHEET 3 OF 5
OFF-SITE STORM WATER MANAGEMENT FACILITIES
1 2' TCP OF BASIN
•
ArTYPE 'A_4,
CLEANOUT
'A I __z: -
CONCRETE 3'W 3'H
DRAINAGE DITCH NOTCH
1 " ENC. SOIL I
24"-3/4" GRAVEL
" 4 PIPE BEYOND
PERFORATED PVC
PIPE WRAPPED IN PLASTIC LINEAR
FILTER FABRIC PER 30 MIL PVC
PLAN
BASIN OUTLET
BIOFILTRATION BASIN BF-1 OTAY RIVER
NO SCALE
NOTES:
1. BIOFILTRATION 'ENGINEER SOIL' LAYER SHALL BE MINIMUM 18" DEEP 'SANDY LOAM' SOIL
MIX WITH NO MORE THAN 5 CLAY CONTENT, THE MIC SHALL CONTAIN 50-60% SAND,
0-30% COMPOST OR HARDWOOD MULCH, ,AND 20-30% TOPSOIL.
. GRAVEL BASE SHALL BE 3/'4" CRUSHED ROCK DYER WITH A MINIMUM DEPTH OF 24."
MAY BE DEEPENED TO INCREASE TTHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-10-06 Agenda Packet Page 217 of 629
EXHIBIT a SHEET 4 OF 5
BMP AND HMP TYPE, LOCATION, ANCA DIMENSIONS
EXHIBIT C. SHEET 5;
BASIN RISER
No
00,
0
m
z
Go tK
m
D I
CDS UNIT:
D 5 40-10--
CDs M
D 5 5 —10—C
DETENTION BASIN PLAN VIES.
B10FILTRA ION/HYDROMODIFICATION BE-1 WOLF CANYON
SCALE 1 10 1 00'
2020-10-06 Agenda Packet Page 218 of 629
EXHIBIT '' *' SHEET 5 OF 5
BMP AND HMP TYPE, LOCATION, AND DIMENSIONS
/-TOP OF BASIN
GRATE
MODIFIED TYPE `A-8'
CLEANOUT X=8' Y-8' 5'W X 1.75'H 'WEIR
r-
, f12.x► DIA. ORIFICE . ,
SIA. ORIFICE
N-.1-1800 ENG. SOIL MIC
2410-3/411 GRAVEL
EL
PLASTIC LINEAR, 30 MIL PVC
8" PERFORATED PVC PIPE PER PLAN
DETENTION BASIN I SER
BIOFILTRATION./HYDROM O N BF-1 WOLF CANYON
NO SCALE
NOTES:
1. BIOFILTRATION 'ENGINEER SOIL' LAYER SHALL BE MINIMUM 18" DEEP 'SANDY Lc AM' SOIL
MIX WITH NO MORE THAN % CLAY CONTENT, THE MIC SHALL CONTAIN 50-60% SAND,
0-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL.
2. GRAVEL BASE SHALL BE 3/"4" CRUSHED ROCK LAYER WITH A MINIMUM DEPTH OF 24."
MAY BE DEEPENED TO INCREASE TTHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-10-06 Agenda Packet Page 219 of 629
EXHIBIT "D 1
INSPECTION, OPERATION, AND MAINTENANCE FLAN IM )
BEST MANAGEMENT INSPECTION MAINTENANCE
PRACTICES FREQUENCY
BIORETENTION BASINS MONTHLY, RESPONSIBLE P'ART'Y:
(BF-1 OTA'Y RIVER) AFTER LARGE STORM HOEFED VILLAGE 8, LLC, OR ASSIGNEE
EVEN T ,AN D AFTER
REMOVAL OF PREVENTATIVE CORRECTIVE MAINTENANCE:
ACCUMULATED DEBRIS -REMOVE ALL DEAD AND DISEASED
OR MATERIAL. VEGETATION AND TRASH ACCUMULATION.
-FERTILIZER AND PESTICIDE USE IS TO
BE IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE, AND LOCAL
REGULATIONS.
-REMOVE SEDIMENT AND DEBRIS TO
ENSURE NO CLOGGING OR
BLOCKAGE OF OUTLET STRUCTURES
-REMOVE STANDING WATER WHEN
NEEDED TO PREVENT MOSQUITO
BREEDING.
-INSPECT ENGINEERED SOIL FOR
CONTAMINATION WITH SILT OR OTHER
DEBRIS AND REMOVE AND REPLACE
AS NEEDED.
-INSPECT GRAVEL BASE FOR
POSITIVE DRAINAGE, REMOVE AND
REPLACE AS NEEDED.
BEST MANAGEMENT INSPECTION MAINTENANCE
PRACTICES FREQUENCY
BIORETENTION MONTHLY, RESPONSIBLE PARTY:
HY'DROODIFICATION AFTER LARGE STORM HOEFED VILLAGE 8, LLC, OR ASSIGNEE
BASINS EVEN T ,AN D AFTER
SBF-1 WOLF CANYON} REMOVAL OF PREVENTATIVE CORRECTIVE MAINTENANCE:
ACCUMULATED DEBRIS -REMOVE ALL DEAD AND DISEASED
OR MATERIAL. VEGETATION AND TRASH ACCUMULATION.
-FERTILIZER AND PESTICIDE USE IS TO
BE IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE, AND LOCAL
REGULATIONS.
-REMOVE SEDIMENT AND DEBRIS TO
ENSURE NO CLOGGING OR
BLOCKAGE OF OUTLET STRUCTURES
-REMOVE STANDING WATER WHEN
NEEDED TO PREVENT MOSQUITO
BREEDING.
-INSPECT ENGINEERED SOIL FOR
CONTAMINATION WITH SILT OR OTHER
DEBRIS AND REMOVE AND REPLACE
AS NEEDED.
-INSPECT GRAVEL BASE FOR
POSITIVE DRAINAGE, REMOVE AND
REPLACE AS NEEDED.
2020-10-06 Agenda Packet Page 220 of 629
EXHIBIT "A "
CITY OF
CH U LA VISTA
E PALOMAR
ST
0
W Q�
� G
p�y�e N
i
Cn
N'(P
�0
CD
a
0
w
M y
a
2
v
S LUNA
ST
RpG�
SITE
VICINITY MAP
NOT TO SCALE
2020-10-06 Agenda Packet Page 221 of 629
EXHIBIT "B
LEGAL DESCRIPTION
BEING PORTIONS OF LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF
AN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7, 1900.
2020-10-06 Agenda Packet Page 222 of 629
EXHIBI T f
LEGAL DESCRIPTION
BEING ALL OF OTAY RANCH VILLAGE 8 "WEFT, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
2020-10-06 Agenda Packet Page 223 of 629
EXHIBIT 1.1c l.1 SHEET 1 OF 5
LOT
LOT LOT
LOT 23 24
BIOFILTRATION/ A 0 LOT LOT LOT
HYDROMODIFICATION 1 26 1 2 25
BASIN BF-1
...................................................................
WOLF CANYON LOT LO LOT �sT
3 8 LOT LOT 8
5
C LOT
� LOT LOT
LOT 13 L1
06 �
� 15 9 LOT LOT �
10 11
DoT RESERVOIR nor
� 20 (N.A.P) 17 I
LOT
LOT
z �> 30
LOT
18
np ml
�
LOT L p T
C/) 21
� LOT
m� 19 �
(n
LOT
22
BIOFILTRATION BASIN
BF-1 OTAY RIVER
(OFF-SITE) SITE MAP
NOT TO SCALE
2020-10-06 Agenda Packet Page 224 of 629
EXHIBIT 'C** SHEET 2 OF 5
OFF—SITE STORM WATER MANAGEMENT FACILITIES
I
CDS UNIT
CID5 5668-10—C l
� 340.
\ \ I
EXHIBIT C SHEET 3
BASIN OUTLET
DETENTION BASIN PLAN VIEW:
BIOFILTRATION BASIN � -
BF-1 OTAY RIVER
SCALE 1"=100'
zozo-io-ob Agenda Packet r,=e 225 of 629
EXHIBIT '' *' SHEET 3 OF 5
OFF-SITE STORM WATER MANAGEMENT FACILITIES
1 2' TCP OF BASIN
•
ArTYPE 'A_4,
CLEANOUT
'A I __z: -
CONCRETE 3'W 3'H
DRAINAGE DITCH NOTCH
1 " ENC. SOIL I
24"-3/4" GRAVEL
" 4 PIPE BEYOND
PERFORATED PVC
PIPE WRAPPED IN PLASTIC LINEAR
FILTER FABRIC PER 30 MIL PVC
PLAN
BASIN OUTLET
BIOFILTRATION BASIN BF-1 OTAY RIVER
NO SCALE
NOTES:
1. BIOFILTRATION 'ENGINEER SOIL' LAYER SHALL BE MINIMUM 18" DEEP 'SANDY LOAM' SOIL
MIX WITH NO MORE THAN 5 CLAY CONTENT, THE MIC SHALL CONTAIN 50-60% SAND,
0-30% COMPOST OR HARDWOOD MULCH, ,AND 20-30% TOPSOIL.
. GRAVEL BASE SHALL BE 3/'4" CRUSHED ROCK DYER WITH A MINIMUM DEPTH OF 24."
MAY BE DEEPENED TO INCREASE TTHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-10-06 Agenda Packet Page 226 of 629
EXHIBIT a SHEET 4 OF 5
BMP AND HMP TYPE, LOCATION, ANCA DIMENSIONS
EXHIBIT C. SHEET 5;
BASIN RISER
No
00,
0
m
z
Go tK
m
D I
CDS UNIT:
D 5 40-10--
CDs M
D 5 5 —10—C
DETENTION BASIN PLAN VIES.
B10FILTRA ION/HYDROMODIFICATION BE-1 WOLF CANYON
SCALE 1 10 1 00'
2020-10-06 Agenda Packet Page 227 of 629
EXHIBIT '' *' SHEET 5 OF 5
BMP AND HMP TYPE, LOCATION, AND DIMENSIONS
/-TOP OF BASIN
GRATE
MODIFIED TYPE `A-8'
CLEANOUT X=8' Y-8' 5'W X 1.75'H 'WEIR
r-
, f12.x► DIA. ORIFICE . ,
SIA. ORIFICE
N-.1-1800 ENG. SOIL MIC
2410-3/411 GRAVEL
EL
PLASTIC LINEAR, 30 MIL PVC
8" PERFORATED PVC PIPE PER PLAN
DETENTION BASIN I SER
BIOFILTRATION./HYDROM O N BF-1 WOLF CANYON
NO SCALE
NOTES:
1. BIOFILTRATION 'ENGINEER SOIL' LAYER SHALL BE MINIMUM 18" DEEP 'SANDY Lc AM' SOIL
MIX WITH NO MORE THAN % CLAY CONTENT, THE MIC SHALL CONTAIN 50-60% SAND,
0-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL.
2. GRAVEL BASE SHALL BE 3/"4" CRUSHED ROCK LAYER WITH A MINIMUM DEPTH OF 24."
MAY BE DEEPENED TO INCREASE TTHE INFILTRATION AND STORAGE ABILITY OF THE BASIN.
2020-10-06 Agenda Packet Page 228 of 629
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to a
public agency for less than a fee interest for which
no cash consideration has been paid or received
ABOVE SPACE FOR RECORDER'S USE
CCV File No. Project File Number
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 19-03
OTAY RANCH VILLAGE 8 WEST
(DEDICATED EASEMENTS)
THIS GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this 29th day of September, 2020, (the "Effective Date") by and
between the CITY OF CHULA VISTA, a Municipal Corporation ("City"), and HomeFed
Village 8, LLC, a Delaware limited liability company and otay Land Company, LLC, a
Delaware limited liability company ("owner").
RECITALS
A. This Agreement concerns and affects certain improvements within a portion of the
real property located in Chula Vista, California, more particularly described in Exhibit "A"
attached hereto ("Property"). The Property is part of the master planned community commonly
known as Otay Ranch Village 8 West ("Project"), being the subject of City Council Resolution
Nos. 2020-031, 2020-032, 2020-0335 2020-034 and 2020-035 (each a "City Resolution") and
City Council Ordinance No. 2020-3480 (a "City ordinance"). For purposes of the Agreement,
the term "Project" shall also refer to the overall Project property.
2020-10-06 Agenda Packet Page 229 of 629
B. Owner is the owner of the Property and the Declarant under that certain Community
Declaration of Covenants, Conditions and Restrictions and Establishment of Easements of Cota
Vera filed, or to be filed, in the County Recorder's office of San Diego County ("Community
Declaration"). The Community Declaration provides for the Cota Vera Community
Association, a California Non-Profit Mutual Benefit Corporation ("Association"), to maintain
certain areas in the Project. One or more subassociations may be formed (each a
"Subassociation") for particular areas within the Project to maintain certain amenities within the
area over which the Subassociation has jurisdiction.
C. The Property is, or is intended to be, covered by one or more certain final maps
(each a "Final Map").
D. In order for Owner to obtain the Final Map(s) and for the City to have assurance
that the maintenance of certain areas within the Project will be provided for, the City and Owner
agree that maintenance of such areas shall be accomplished by the creation of the Association.
The public areas to be maintained by the Association are collectively referred to as "Association
Maintained Public Areas", which are depicted on Exhibit "B" attached hereto.
E. The City desires to grant to owner easements for maintenance purposes upon,over,
and across the Association Maintained Public Areas in order to facilitate the performance by
Owner of the obligations as set forth in the City Resolution(s) and other Proj ect entitlements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
L L ratt of Ibase nu en t . The City hereby grants to Owner and its agents,
successors, and assigns, non-exclusive easements and rights-of-way over and across the City
owned or controlled property described on Exhibit "B" for the purpose of maintaining,
repairing, and replacing landscaping, and other improvements located within the Association
Maintained Public Areas. The grants are made without any warranties of any kind, express or
implied, except as expressly provided herein.
2. M,,,,aiinunance i atioo . Owner hereby covenants and agrees, at its
sole cost and expense, to maintain, repair, and replace, or cause to be maintained, repaired, and
replaced, those improvements within the Association Maintained Public Areas at a level equal to
or better than the level of maintenance which is acceptable to the Director of Public Works, at
his/her discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance", or "Maintain" shall mean the
maintenance, repair, the provision of water, and replacement obligations described herein and on
Exhibit "C" attached hereto and shall also include repair and replacement at no cost to the City
of any City-owned or controlled property that is damaged as a result of the activity of Owner, or
the Association or any other Assignee (as defined below) during the performance of or failure to
perform the maintenance obligations pursuant to this Agreement. Exhibit "C" also refers to the
maintenance responsibilities of the City.
J"anment, bvne eea� Q22110 .
(a) � � c t. Owner represents to City that it intends to,and has the
2
2020-10-06 Agenda Packet Page 230 of 629
authority to, unilaterally transfer(subject to the City's approval as provided herein) all or some of
the maintenance obligations under this Agreement to the Association and that the ability to
effectuate such transfer is provided for in the Community Declaration. If Owner assigns any
obligations under this Agreement to the Association, the Association shall perform all
Maintenance and other obligations under this Agreement. A transfer from Owner to the
Association will not be effective and will not release Owner from its obligations under this
Agreement until City makes a written determination that all of the following have occurred:
(i) sscl.ati Acceptsis �b�mm at o�s The Association has
unconditionally accepted and assumed,in writing, all of Owner's obligations under this Agreement
arising from and after the date of the assignment and such assignment provides that the burden of
this Agreement remains a covenant running with the land, and the Association expressly assumes
the obligations of Owner under this Agreement. The assignment must be approved by the
appropriate governing body of the Association by resolution or similar procedural method and
approved as to form and content by the City Attorney.
(ii) Associatio:is C. 11n1 L11 i Decl,qration. Owner provides City
with a written representation that there have been no modifications to the recorded Community
Declaration previously approved by the City.
(iii) Assoc iatl'or Insurance. The Association has procured and
formally resolves to maintain, at its sole cost and expense, commencing no later than the date of
City's release of all of Owner's landscape maintenance bonds, a policy of public liability insurance
which meets or exceeds the insurance requirements set forth in Exhibit"W'.
(iv) Association Indemnity. The Association acknowledges and
agrees in writing that, it will indemnify, defend, and hold harmless City and all City Parties in
the same manner and to the same extent as Owner pursuant to Section 5 of this Agreement.
(v) Cit, "s Pn r Written Consent. Owner obtains City's prior
written consent to the proposed assignment. The City shall not unreasonably withhold its consent
to such assignment.
The Parties agree to use the Assignment of Obligations Under Grant of Easements, License and
Maintenance Agreement that is attached hereto as Exhibit "E", in substantially the same formas
attached, subject to changes approved by the City Attorney,to effectuate an assignment under this
Agreement.
(b) Releas,e. when all conditions precedent in Section 3(a) are fulfilled
and the Assignment of Obligations Under Grant of Easements, License and Maintenance
Agreement has been recorded, Owner shall be released from its obligations under this Agreement,
including its security and insurance requirements. Owner acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement until released by the City from
this Agreement. At least sixty (50) days prior to proposed assignment, Owner shall give a notice
to the City of Owner's intent to assign its Maintenance obligations herein and provide the City with
the appropriate documents listed in Section 3(a). In accordance with Section 3(c), the City
acknowledges that if all of the above conditions precedent are satisfied, owner may transfer its
obligations in phases and in such case, Owner shall be released as to the obligations so assigned.
3
2020-10-06 Agenda Packet Page 231 of 629
(c) ssiN,,h�,,,, ed..........Trans�`e . The parties agree that an agnment of
obligations under this Agreement may be phased (that is, there may be multiple transfers) subject
to City's prior written approval as provided for in this Section.
4. A ih"Association'. Release, Association.
(a) Assia ent. If obligations under this Agreement have been
assigned by Owner to an Association, the Association may further assign such obligations under
this Agreement to a Subassociation or other entity ("Assignee") in strict accordance with this
Agreement. Such assignment from Association to an Assignee will not be effective and will not
release Association from its obligations under this Agreement until all of the following occur:
(i) Transferee Accepts Obligation. The Assignee has
unconditionally accepted and assumed all of Association's obligations under this Agreement in
writing, such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of Association under this
Agreement. If the Assignee is a Subassociation, the assignment shall also have been approved by
the appropriate governing body of the Subassociation by resolution or similar procedural method
and approved as to form and content by the City Attorney. The Parties agree to use Exhibit "E
in substantially the same form subject to changes approved by the City Attorney, to effectuate an
assignment of this Agreement.
(ii} St bass ci .tio s c w: t f Restrietibtis,. If the Assignee
is a Subassociation,the City has reviewed and approved the Subassociation's recorded Declaration
of Restrictions to confirm that said document contains appropriate maintenance and insurance
provisions.
(iii) Assignee Insurance. The Assignee procures and maintains
at its sole cost and expense, a policy of public liability insurance which meets the requirements set
forth in Exhibit"D".
(iv) Assi. Twee Index its. Assignee acknowledges and agrees in
writing that, it will indemnify, defend, and hold harmless City and all City Parties in the same
manner and to the same extent as Owner pursuant to Section 5 of this Agreement.
(v) Cits Wratten Consent. The Association has obtained the
City's written consent to the proposed assignment. The City shall not unreasonably withhold its
consent to such assignment.
(b) Release. when all conditions precedent in Section 4(a) are
fulfilled,the Association shall be released from its obligations under this Agreement, including its
security and insurance requirements. At least sixty (60) days prior to such transfer, Association
shall give notice to the City of Association's intent to assign its obligations herein and provide the
City with the appropriate documents listed in Section 4(a).
5. iuranc . Owner and its successors in interest must procure and maintain
at their sole cost and expense a policy of public liability insurance that meets or exceeds the
insurance requirements in Exhibit "D."
4
2020-10-06 Agenda Packet Page 232 of 629
6. Indemnity. Owner and its successors and assigns shall indemnify, defend
and hold City, its City Council, Commissions, officers, agents, employees, subcontractors, and
independent contractors (each a "City Party", collectively, the "City Parties") free and
harmless, at their sole cost and expense, from any liability whatsoever, based or asserted upon
any act or omission of Owner, its officers, agents, employees, subcontractors and independent
contractors, for property damage, bodily injury, or death (Owner's employees included), or any
other element of damage of any kind or nature relating to or in any way connected with or arising
from the activities contemplated by this Agreement, including, but not limited to, the use,
maintenance, or repair of the Association Maintained Public Areas, save and except for liability
or claims arising through the sole active negligence or willful misconduct of City. owner and its
successors and assigns shall defend, at their sole cost and expense, including attorneys' fees, any
and all City Parties in any legal or equitable action based upon such alleged acts or omissions,
save and except liability or claims arising through the sole negligence of willful misconduct of
City
7. �i . in f , ,,n anj S" c e''Slv �Ili .. ` S,
. This Agreement shall
be binding upon owner and any successive Declarant under the Community Declaration. This
Agreement shall be binding upon the Association,an Assignee,or any other assignee or successor-
in-interest upon assignment of obligations under this Agreement. This Agreement shall inure to
the benefit of the successors, assigns, and interests of the parties as to any or all of the Property.
8. Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the community
and other parties, public or private, in whose favor and for whose benefit such covenants running
with the land have been provided, without regard to whether the City has been, remained or are
owners of any particular land or interest therein. If such covenants are breached, the City shall
have the right,but not the obligation,to exercise all rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this Agreement and the covenants may be entitled.
9. Assignment Pursuant to Acquisition of owner Interest. In addition to
other means for assignment provided in this Agreement, Owner may assign its rights and
delegate some or all of its obligations under this Agreement to another master developer subject
to City's prior written consent. Prior to any such proposed assignment, Owner shall identify to
City the proposed assignee that has agreed in writing to fulfill Owner's obligations under this
Agreement. Owner acknowledges and agrees that the City retains the right to consent or not
consent to such proposed assignment, but City's consent shall not be unreasonably withheld.
106 Geverniing Lmvs. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
11. Effective D t The terms and conditions of this Agreement shall be
effective as of the Effective Date on page 1 of this Agreement.
12. Lounterina its. This Agreement may be executed in any number of
counterparts, each of which shall be original and all of which shall constitute one and the same
5
2020-10-06 Agenda Packet Page 233 of 629
document.
13. Recr . The parties shall cause this Agreement to be recorded in the
Office of the County Recorder of San Diego County within thirty (30) days after this Agreement
has been approved by the City Council.
14. Mil"IEScel.la. e s:P'roisiis.
(a) Notices. Unless otherwise provided in this Agreement or by law,
any and all notices required or permitted by this Agreement or by law to be served on or delivered
to either party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business
days have elapsed following deposit in the United States Mail, certified or registered mail, return
receipt requested, first-class postage prepaid,addressed to the address indicated in this Agreement.
A party may change such address for the purpose of this Section by giving written notice of such
change to the other party.
City of Chula Vista
Development Services Department
Land Development Division
276 Fourth Avenue
Chula Vista, California 91910
With copy to:
Attn: City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Owner:
HomeFed Village 8, LLC
Otay Land Company, LLC
1903 Wright Place, Ste.
Carlsbad, California 92008
Attn: Curt Smith
(b) Ca Captions in this Agreement are inserted for convenience
of reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
(c) �n1_ re-, Ne'reement. This Agreement, together with any other
written document referred to herein, embody the entire agreement and understanding betweenthe
parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or
written representations, agreements, understandings and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any other agreement between the
6
2020-10-06 Agenda Packet Page 234 of 629
parties unless expressly noted.
(d) Rev Exhibits. Any recitals set forth above and any attached
exhibits are incorporated by reference into this Agreement.
(e) (
jawJ11"a""LL"W1
till Laws. In the performance of its obligations
under this Agreement, Owner, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) stories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have been
taken so as to enable said signatory to enter into this Agreement.
(g) ofictin. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns, and duly recorded in the Office of the County
Recorder of San Diego County.
(h) re--
, tion r No inference, assumption or
presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated equally in the
preparation and/or drafting of this Agreement.
End of page (next page is signature page)
7
2020-10-06 Agenda Packet Page 235 of 629
SIGNATURE PAGE 1 OF 2 FOR
GRANT OF EASEMENTS.,LICENSE AND MAINTENANCE AGREEMENT
OTAY RANCH VILLAGE 8 WEST
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed the
day and year first set forth above.
CITY OF CHULA VISTA:
City Manager
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
8
2020-1.0-0,6 Agenda Packet Page 236 of 629
SIGNATURE PAGE 2 OF 2 FOR
GRANT OF EASEMENTS,LICENSE AND MAINTENANCE AGREEMENT
OTAY RANCH VILLAGE 8 WEST
OWNER
HOMEFED VILLAGE 8. LLC
a DelawareLini it
�;d"Liability Company
By:
Its*-
OTAY LAND COMPANY, LLC
a Delaware Limited Liability Company
By:
W-
Its:
(Notary to attach acknowledgment for each signature.)
(Corporate 4uthority required for each Signatory, if applicable.)
9
2020-1.0-0,6 Agenda Packet Page 237 of 629
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valdi,tv of that document.
State of California
County of San Diego
on September 29, 2020 before me Tristan Manoff, Notary public
(insert name and title of the officer)
personally appeared Erin N. Ruhe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a%
subscribed to the within instrument and acknowledged to me that 44e/she/"executed the same in
#islherl#�&authorized capacity(4es), and that by 4islherl signature(e) on the instrument the
persons), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
,��„ TRISTAN MANOFF
WITNESS my hand and official seal. Notary Public-California
J0
J
�� a�
Z '01
Z
San Diego County
Commission#2217078
u
My Comm, Expires Nov 2. 2021
Signature (Seal)
o
2020-10-06 Agenda Packet Page 238 of 629
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validit of that document.
.... .......
State of California
County of San Diego
On September 29, 2020 before me, Tristan Ma nofF, Notary Public
(insert name and title of the officer)
personally Pp
appeared Erin N. Ruhe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaFe
subscribed to the within instrument and acknowledged to me that 44elshel#-*y executed the same in
Ms/her/ authorized capacity(ies), and that by Ma/her/ signature(s) on the instrument the
persons), or the entity upon behalf of which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal "
; �� X San i � unt Z
Commission 2217,078
uµ ''2 0,2 1
MN Comm. sir $ ,
Signature (Seal)
2020-10-06 Agenda Packet Page 239 of 629
Attachments:
Exhibit "A": Legal Description of Property
Exhibit "B": Plat Showing Public Area to be Maintained
Exhibit "C": Maintenance Responsibilities
Exhibit "D": Insurance Requirements
Exhibit "E": Draft Assignment Agreement
2020-1.0-0,6 Agenda Packet Page 240 of 629
EXHIBIT "A"
Legal Description of Property
[See Attached]
J
EXHIBIT "All
2020-1.0-0,6 Agenda Packet Page 241 of 629
EXUIBIT !A "
LEGAL DESCRIPTION
BEING ALL OF OTAY RANCH VILLAGE B WEST, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,
EXHIBIT "A"
2020-10-06 Agenda Packet Page 242 of 629
EXHIBIT "B"
Plat Showing Public Area to be Maintained
[See Attached]
EXHIBIT F'Bfl
2020-1.0-0,6 Agenda Packet Page 243 of 629
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2020-10-06 Agenda Packet Page 244 of 629
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2020-10-06 Agenda Packet Page 245 of 629
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2020-10-06 Agenda Packet Page 246 of 629
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2020-10-06 Agenda Packet Page 247 of 629
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2020-10-06 Agenda Packet Page 248 of 629
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2020-10-06 Agenda Packet Page 249 of 629
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2020-10-06 Agenda Packet Page 250 of 629
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2020-10-06 Agenda Packet Page 251 of 629
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2020-10-06 Agenda Packet Page 252 of 629
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2020-10-06 Agenda Packet Page 253 of 629
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2020-10-06 Agenda Packet Page 254 of 629
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2020-10-06 Agenda Packet Page 255 of 629
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2020-10-06 Agenda Packet Page 256 of 629
EXHIBIT licit
Maintenance Responsibilities [See Attached]
EXHIBIT GV55
2020-1.0-0,6 Agenda Packet Page 257 of 629
EXHIBIT "C
MAINTENANCE RESPONSIBILITIES
AREA COMMUNITY ASSOCIATION CITY OF CHULA VISTA
MAINTENANCE MAINTENANCE
COMMUNITY ASSOCIATION 1. LANDSCAPING WITHIN THE 1. SIDEWALK/PAVEMENT
MAINTAINED PARKWAYS PUBLIC RIGHT—OF—WAY: WITHIN THE PUBLIC
SHOWN ON EXHIBIT 'B'. ■ PARKWAYS RIGHT—OF WAY:
• MEDIANS ■ CURB
• LANDSCAPE BUFFERS • GUTTER
a SIDEWALK
2. TRAIL PAVEMENT WITHIN
THE PUBLIC—RIGHT—OF NOTES:
WAY: SIDEWALK WIDTHS MAY
VARY BETWEEN 5—FEET
• VILLAGE PATHWAY AND 15--FEET
REGIONAL TRAIL DEPENDING ON
IMPLEMENTATION OF THE
3. ENHANCED PAVEMENT ALTERNATIVE SIDEWALK
WITHIN THE CONDITION AND/OR
RIGHT—OF—WAY PER SHEET 6—FOOT BY 8—FOOT
3. PAVEMENT DESIGN AND TREE PLANTERS PER
LOCATION TO BE THE ADOPTED VILLAGE
DETERMINED DURING FINAL 8 WEST TENTATIVE MAP
DESIGN. STREET CROSS
SECTIONS
4. ENTRY MONUMENTS
5. FENCING
8. DAMAGED, DISPLACED OR
LIFTED SIDEWALK
PAVEMENT WITHIN THE
PUBLIC RIGHT—OF—WAY
DUE TO TREE ROOT
INTRUSION
NOTES:
LANDSCAPE
MAINTENANCE INCLUDES
IRRIGATION, TRIMMING
AND TREE PRUNING
• PARKWAYS MAY
EITHER BE 6—FOOT
BY 8—FOOT TREE
PLANTERS OR
CONTINUOUS 6—FOOT
WIDE PARKWAYS.
LOCATIONS TO BE
DETERMINED DURING
FINAL DESIGN
EXHIBIT"V"
2020-10-06 Agenda Packet Page 258 of 629
EXHIBIT "D"
Insurance: c uirements
Few
Owner and all of its successors and assigns shall procure and maintain the following insurance
coverages commencing no later than the date that the landscape architect of record has submitted
a letter of substantial conformance pertaining to work being complete and thereafter for the
duration of the Agreement against claims for injuries to persons or damages to property which
may arise from or in connection with the performance or non-performance under the Agreement
and the results of that performance or non-performance insurance.
General Liability Insurance. Owner shall obtain a commercial general liability insurance policy
insuring Owner against liability incident to ownership or use of Property. The limits of such
insurance shall not be less than Three Million Dollars ($3,000,000.00) covering all claims for
death, personal injury and property damages arising out of a single occurrence. The Aggregate
Limit will not be less than two times the Combined BI/PD "per occurrence" Limit of Liability, or
not less than $6,000,000. The insurer issuing such insurance shall have rating by A.M. Best "A,
Class W. or better with modified occurrences and as admitted by Best's Insurance Guide. Such
insurance shall include the following additional provisions provided they are available on a
commercially reasonable basis:
(a) The City of Chula Vista shall be named as a Liability Additional
Insured to such insurance on a Primary basis, and Liability Additional Insured Endorsement shall
not exclude products 1 completed operations hazard pursuant to the City's requirements for Owner
to do so;
(b) The policy shall not contain a cross-suit exclusion clause which
would abrogate coverage should litigation ensure between insureds;and
(cJ The policy shall contain the following severability clause (or
language which is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits of liability".
These requirements may not be amended without the written consent of the City Attorney and the
Director of Development Services.
Owner shall provide the City with a Certificate of Insurance and Liability Additional Insured
Endorsement designating, "City of Chula Vista", upon procurement of the policy as set forth
above.
EXHIBIT"D"
2020-10-06 Agenda Packet Page 259 of 629
EXHIBIT "E"
DRAFT FORM OF ASSIGNMENT OF OBLIGATIONS UNDER
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
[See Attached]
EXHIBIT "D"
2020-10-06 Agenda Packet Page 260 of 629
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
SPACE ABOVE FOR RECORDER'S USE ONLY
ASSIGNMENT OF OBLIGATIONS UNDER
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO,
PROJECT NAME
(DEDICATED
EASEMENTS)
This ASSIGNMENT OF OBLIGATIONS UNDER GRANT OF EASEMENTS, LICENSE
AND MAINTENANCE AGREEMENT ("Assignment") is made this day of
20 s by and between OWNER NAME, a R RISDICTIONIENTITY TYPE ("Assignor"), and
ASSOCIATIONISUBASSOCIATION NAME, a JURISDICTIONIENTITY TYPE
("Assignee"), with reference to the facts set forth below.%:
RECITALS
A. Assignor entered into that certain Grant of Easements, License and Maintenance
Agreement with the City of Chula Vista, a Municipal Corporation ("City") recorded on DATE as
Document No. INSERT in the San Diego County Recorder's office("Agreement").
B. Assignor,as"Declarant,"recorded that certain Declaration of Covenants,Conditions and
Restrictions dated DATE as Document No. INSERT in the San Diego County Recorder's Office
("Community Declaration"). Pursuant to the Community Declaration, Assignee owns or will own
2020-10-06 Agenda Packet Page 261 of 629
certain real property within the master planned community commonly known as "INSERT", including
without limitation,that certain real property more particularly described on Exhibit"A" attached hereto
and incorporated herein, which real property is subject to the Agreement and encumbered or to be
encumbered by the Community Declaration as part of the"Community Association Property" described
in the Community Declaration.
C. Pursuant to the Agreement and the Community Declaration, Assignee shall be
responsible for the maintenance of certain public areas within PROJECT described in the Agreement as
"Association Maintained Public Areas," including without limitation the area shown on Exhibit"B"
attached hereto and incorporated herein("Association Maintained Public Area").
D. Assignor desires to assign to Assignee, and Assignee desires to assume, all of Assignor's
obligations relating to the Association Maintained Public Area under the Agreement,as more particularly
set forth in this Assignment.
NOW,THEREFORE, for valuable consideration,the receipt and sufficiency of which are hereby
acknowledged, the parties agree as set forth below.
I. Effective Date. This Assignment shall become effective as to each portion of the
Association Maintained Public Areas as of the date of the first close of escrow on a separate interest in
the phase in which the applicable portion of the Association Maintained Public Areas is turned over to
Assignee for maintenance, in accordance with the phased budget approved by the California
Department of Real Estate ("Effective Date").
2. Assignment and Assumption. As of the Effective Date, Assignor hereby assigns any
and all of its obligations relating to the Association Maintained Public Area under the Agreement to
Assignee pursuant to Section 3 or 4 of the Agreement. Assignee unconditionally accepts and assumes
any and all of Assignor's obligations relating to the Association Maintained Public Area under the
Agreement arising after the Effective Date. The Agreement shall remain a covenant running with the
land and Assignee expressly assumes the obligations of Assignor relating to the Association Maintained
Public Area as of the Effective Date. Assignee agrees to cooperate with Assignor and the City as
necessary for Assignor to obtain a release from the Agreement as to the Association Maintained Public
Area, including,without limitation,executing any documents required by the City to evidence the release
within ten(10) days after Assignor's request therefore.
3. Communi Declaration Re uirements. Pursuant to Section 3 or 4 of the Agreement,
Sections INSERT of the Community Declaration include the following requirements: (i)Assignee shall
be responsible for the maintenance of the Association Maintained Public Areas as described in the
Agreement, (ii) Assignee shall indemnify the City for all claims, demands, causes of action, liability or
loss related to or arising from the maintenance activities by Assignee except to the extent caused by the
negligence or misconduct of the City, and (iii) Assignee shall not seek to be released by the City from
the maintenance obligations of the Agreement, without the prior consent of the City and one hundred
percent (100%) of the holder of first mortgages or owners of Property subject to the Community
Declaration.
4. v ui e ent s. Pursuant to Section 3(a)(iii) or 4(a)(iii) of the Agreement,
Assignee shall procure and maintain at its sole cost and expense, commencing no later than the City's
release of all of Assignor's landscape maintenance bonds, a policy of liability insurance covering the
Association Maintained Public Area which at least meets the requirements set forth in Section INSERT
2020-10-06 Agenda Packet Page 262 of 629
of the Community Declaration.
5. _ I:nd em, . Pursuant to Section 7 of the Agreement, Assignee shall indemnify, defend
and hold City, its City Council, Commissions, officers, agents, employees, subcontractors and
independent contractors free and harmless from any liability whatsoever, based or asserted upon any act
or omission of Assignee, its officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury, or death or any other element of damage of any kind or nature, relating
to or in any way connected with or arising from the activities contemplated by the Agreement,including,
but not limited to, the use, maintenance, or repair of the Association Maintained Public Areas, save and
except for liability or claims arising through the active negligence or willful misconduct of City.
Assignee shall defend, at its expense, including attorneys' fees, City, its officers, agents, employees,
subcontractors and independent contractors in any legal or equitable action based upon such alleged acts
or omissions, save and except liability or claims arising through the active negligence of willful
misconduct of City.
6. CounteLrnarts. This Assignment may be executed in counterparts, each of which shall
be deemed an original, but all of which taken together shall constitute one and the same agreement.
Ulletion of.As i n m en t. The agreement contained herein shall not be construed in
favor of or against either party but shall be construed as if both parties prepared this Assignment.
... ,w � ��. This Assignment shall be governed by and construed under the laws
of the State of California.
,9. acx
,,,NY-v,,rabi1i1X. In the event that any phrase, clause, sentence, paragraph, section, article or
other portion of this Assignment shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public
policy,the remaining portions of this Assignment shall not be affected thereby and shall remain in force
and effect to the fullest extent permissible by law.
1 . C"'a ital i ed '117'ermn. Any capitalized terms not otherwise defined herein shall have the
meaning set forth in the Agreement.
l »�` in on "uccsso' . This Assignment shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, assigns, personal representatives, executors, legal
representatives, heirs and legatees.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the
date set forth above.
ASSIGNOR:
Owner Name
j un*sdiction/entity type
By:
Name:
Title:
2020-10-06 Agenda Packet Page 263 of 629
By:
Name:, ......
Title:
2020-1.0-0,6 Agenda Packet Page 264 of 629
ASSIGNEE:
Association/Subassociation Mame
jurisdiction/entity type
By:
Name,-
Title:
ame:Title:
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document.
State of California
County of San Diego
On before me, a Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
2020-10-06 Agenda Packet Page 265 of 629
CITY CONSENT
Pursuant to Section 3(a)(i)or 4(a)(i)'of the Agreement,the City Attorney hereby approves of the
form and content of this Assignment and has confirmed that there have been no modifications to the
required provisions of the recorded Community Declaration as described in Section 3 (a)(H) pr 4(a)(ii}
of the Agreement.
APPROVED,-
C'ity-At—torfiey
2020-1.0-0,6 Agenda Packet Page 266 of 629
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF
CI-ULA VISTA APPROVING A STOR WATT
MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
WITH GRANT OF ACCESS AND COVENANTS FOR OTAY
RANCH VILLAGE EIGHT WEST BETWEEN THE CITY,
FLOMEFED VILLAGE 8, LLC, AND OTAY LAND COMPANY,
LLC
WHEREAS, a Stormwater Management Facilities Maintenance Agreement with grant of
Access and Covenants (the `Agreement") has been negotiated between HomeFed Village 8,
LLC, a Delaware limited liability company and Otay Land Company, LLC, a Delaware limited
liability company, (collectively, "Owner"), and the City of Chula,vista(the "City" ; and
WHEREAS, Owner has applied for a grading permit for the development of Otay ranch.
Village 8 west (the "Project"), located on portions of Lets 27 and 28 of Otay rancho, per Map
No. 862 filed Februarys 7, 1900 "Project Site" as depicted in a vicinity map in Exhibit "A" and
more particularly described in the property legal description, Exhibit "B", both attached hereto
and incorporated herein by this reference; and
WHEREAS, as a condition of the grading permit, Owner(s) is(are) required to implement
and maintain structural or non-structural pollution prevention measures, such as site design,
source control, treatment control, and hydromodification control (where applicable) methods
required to minimize polluted runoff and any other environmental impacts from Project during
the post-development phase (collectively, the " MPs"); and
WHEREAS, condition of approval number 26 of the City of Chula vista Standard
Tentative Map Conditions of Approval per Section 5-300 of City's Subdivision. Manual,
approved by City Council by resolution 2010-278, requires the Owner to enter into a
maintenance agreement to secure the maintenance of drainage related facilities including but not
limited to the removal of silt from any temporary or permanent basins, the repair of downstream
erosion., and provide any resource agency permit necessary for said improvements for the Project
(collectively, "Erosion/Sedimentation Control Facilities" ; and
WHEREAS, Owners has(have) represented that certain drainage improvements,
biofiltration :SMP basics, detention basins, desilting basins, drainage outfall, storm water quality
management facilities and erosion/sedimentation control facilities as shown on the rough grading
plans for the project, Chula Vista Drawing Number 14011, will meet City and Regional eater
Quality Control Board requirements for water quality for the entirety of village 8 Nest; and
WHEREAS, a portion of the BMPs are located onsite, and a portion of the BMP's are
located offsite on the real property more particularly described on Exhibit "C", attached hereto
and incorporated herein by this reference; and
2020-10-06 Agenda Packet Page 267 of 629
Resolution No.
Page 2
WHEREAS, Owner(s) will initially maintain such improvements as provided in this
Agreement; and
WHEREAS, pursuant to City's urban runoff regulations, including Chula Vista
Municipal Code, Chapter 14.20 (the "Storm Water Management and Discharge Control
Ordinance") and the Chula Vista BMP Design Manual, Owner(s) is(are) required to prepare and
submit a Stormwater Quality Management Plan (SwQl'' P), which includes an Inspection,
Operation, and Maintenance Plan (IOMP) and
WHEREAS, the Owner(s) as( ave) submitted SWQMP, which is on file in the office of
the City Engineer; and
WHEREAS the SWQMP proposes that storm water runoff from Pro ect be detained and
treated by the use of permanent Storm Water Management Facilities ("SWMFs");, and
WHEREASI the SWMFs are classified in the SWQMP as site design, treatment control,
and hydromodi fication control BMPs- and
WHEREAS, the SWQMP specifies the manner and standards by which the SWMFs must
be inspected, maintained, and repaired in order to retain their effectiveness; and
WHEREAS, prior to the issuance of any construction permits for Project, City requires
Owner(s) to enter into Agreement to ensure the installation, inspection, maintenance, and repair
of permanent SWMFs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Stormwater Management Facilities, Maintenance Agreement with Grant of
Access and Covenants, between the City of Chula Vista and HomeFed Village 8 West, LLC and
Otay Land Company, LLC, in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk, and authorizes and directs the City Manager to execute same.
Presented by Approved as, to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
2020-1.0-0,6 Agenda Packet Page 268 of 629
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
C HULA VISTA AP"P"ROVING A GRANT OF EASEMENTS,
LICENSE,
AND MAINTENANCE AGREEMENT BETWEEN
THE CITY OF CULA VISTA AND HOI I:I FED VILLAGE 8.
LLCM ANIS OTAY LAND COMPANY, LLC
WHEREAS,the Grant of Easements,License, and Maintenance Agreements "GELMA"or
"Agreement" has been negotiated by and between HomeFed Village 8, LLC, a Delaware limited
liability company and Otay [Land Company, LIC", a Delaware limited liability company,
(collectively, the "Owner"), and the City of Chula Vista, a California municipal corporation and
charter city(the "City"); and
WHEREAS, in accordance with the Agreement, the Cerner agrees, at their sole cost and
expense, to maintain, repair, and replace, or cause to be maintained, repaired, and replaced, those
public improvements within the Public Areas at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works; and
WHEREAS, in accordance with the Agreement,the property owners are permitted to assign
their obligations under the Agreement to a homeowner's, association or other entity subject to
approval by the City; and.
WHEREAS, the Agreement t requires the Owner and its assignees to maintain insurance and
indemnify the City in order to protect the interests of the City; and
WHEREAS, City staff recommends that the Coity Council approve the CFL MA, which is
attached hereto as Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE,, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby approves the Grant of Easements,ts, License, and Maintenance Agreement, in the e forte
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
City Manager to execute same.
Presented by Approved as to form by
Tiffany Allen Glen.Googins
Director of Development Services City Attorney
2020-10-06 Agenda Packet Page 269 of 629
zmr,
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r
C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
l 1
CITY, OF
CHUIAVISTA
October Vii,2020 File ID: -0381
TITS
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY of CH LA VISTA AWARDING A CONTRACT FOR THE
"TRAFFIC SIGNAL MODIFICATIONS (MEASURE P) (TRF0408)p) PROJECT To HMS CONSTRUCTION, INC. IN
THE AMOUNT of$3,200,000
RECOMMENDED171
Council adopt the resolution.
SUMMARY
On November 8, 2016, Chula Vista voters approved Measure P,authorizing..a one-half cent sales tax increase
on retail sales within the City for a period of ten (10) years to repair failed or failing assets throughout the
city. Traffic signal modifications and upgrades were identified in the Measure P Funding Plan.
On August 7, 20,20, Engineering and Capital Projects staff advertised the "Traffic signal Modifications
(Measure P) (TR17014018)" Project. on September .2, 2020, the Director of Engineering and Capital Projects
received six (6) bids for the project. The project is included in the Capital Improvement Programa for Fiscal
Year 2017/2018. The proposed resolution, if approved,would 11 accept bids and Z) award the contract for
this project to HMS Construction,Inc. in the amount of$3,200,000.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California
Environmental Quality Act(CEQA)and has determined that the project qualifies for a Categorical Exemption
pursuant to state CFQA Guidelines section. 15,3011 Class 1 (Existing Facilities), section. 1 302 Class 2
(Replacement or Reconstruction), and section. 1.5303 class 3 (New Construction or Conversion of small
Structures) because the proposed project would not result in a significant effect on the environment, create
a cumulative impact,damage a scenic highway,or cause a substantial adverse change in the significance of a
historical resource.Thus,no further environmental review is required.
DISCUSSION
CIP project's scope of work includes traffic signal modifications and upgrades to 1.1 existing signalized
intersections within the City of Chula vista. These upgrades will improve visibility,provide for protected left
turn movements, provide for permissive flashing yellow left turn movements, and replace failing and
outdated traffic signals at various locations citywide.
1 . 0 0 1 P � 1
2020-10-06 Agenda Packet Page 270 of 629
Bidding Process
On August 7, 2020,Engineering and Capital Projects Staff advertised the project and received six(6) bids on
September 2, 20�2O�. 'The base bid totals from the prime contractors were as follows:
Ranking Contractor Base Bid Amount
1 HMS Construction,Inc.
$3)2001000
2 Baker Electric, Inc.
$3)288,489
3 TM Electric, Inc. dba Perry Electric
$3)333,649
4 Select Electric, Inc.
$3)355,650
5 DBX, Inc., $3)673)953
L6 Blue Pacific, Inc. $41218,233.97
The low bid by HMS Construction,Inc.of$3,,200,000 is$500,000 (approximately 14%) below the Engineer's
estimate of$3,700,000. HMS Construction,Inc.is currently an active licensed Class"A",General Engineering
Contractor (License No. 765590) and has performed similar work in the region with satisfactory
performance.,
Staff recommends awarding CIP TRF0408 to HMS Construction, Inc.
Disclosure Statement
Attachment 1 is a copy of the Contractor's Disclosure Statement.
W,ag,eStatement
The Contractor,that is awarded the contract and its subcontractors are required to pay prevailing wages to
persons employed by them for work under this contract. The prevailing wage scales are those determined
by the Director of Industrial Relations,State of California.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Councilmember
John McCann has property ho,ldings within 1,000 feet of the boundaries of the property which is the subject
of this action.However,the decision solely concerns repairs,replacement or maintenance of existing streets,
water, sewer, storm drainage or similar facilities, and the member's property will not be affected
disproportionately to other properties receiving the same services. Consequently, pursuant to California
Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)),this item does not present a real property-
related 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.
CURREN'T-YEAR FISCAL IMPACT'
Adoption of the resolution will result in no additional impact to the Measure P Fund as sufficient funding is,
available in TRF0408.
P 2
2020-1.0-0,6 Agenda Packet Page 271 of 629
Summary of Construction!Costs for T'RF0408 are as follows.
Funds Required for Construction
A. Contract Amount , 3)200�,000
B. Contract Contingency 3o,000
C. Construction Inspection staff Cost $3801)0100
D. Engineering staff Cost $ 01,o00,
Total Funds Reauirerd for Construction , 4)040,,000
Available Funding
A. Project Budget T Fo44o 4,040,0100
Total Funds Available for Construction 4,040,000
FISCALONGOING
Upon completion of the project,the improvements will require only routine City street maintenance.
ATTACHMENTS
1. Disclosure statement
. Project Location Map
Staff Contact Luis Pelayo,Associate Civil Engineer
P 3
2020-10-06 Agenda Packet Page 272 of 629
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CI- ULA VISTA AWARDING A CONTRACT FOR THE
"TRAFFIC SIGNAL MODIFICATIONS (MEASURE P)
(TRF04o )" PROJECT TO HMS CONSTRUCTION, INC. IN
THE AMOUNT OF $3,20000
WHEREAS, Section 2.56.1 60 of the Chula Vista Municipal Code authorizes the City to
contract for Public Works;
WHEREAS, on August 7, 2020, the Department of Engineering and Capital Projects,
solicited bids forte "Traffic Signal Modifications (Pleasure P) (TRFo4o )" project in
accordance with Chula Vista Municipal Code section 2.56.160.A-
WHEREASon September 2, 2020, the Director of Engineering and Capital Projects
I j
received six (6) bids for the "Traffic Signal Modifications (Measure P) (TRF0408)"'project;
WHEREAS, the apparent low bid for the project was submitted by HMS Construction,
Inc. in the amount of $3,200,000, which is below the Engineer's estimate of $3,700,000 by
$5
000 (approximately 14%below the Engineer' ;s estimate);
1
WHEREAS, staff has determined that the bid submitted by HMS Construction, Inc. is
responsive in all material respects to the bid specifications/requirements, and that HMS
Construction, Inc. is the lowest responsive and responsible bidder; and
WHEREAS, staff recommends awarding the contract to HMS Construction, Inc. in the
amount of$3,200,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it awards the contract for the "Traffic Signal Modifications (Measure P) (TRF0408)"'
project to HMS Construction, Inc. in the amount of$3,200,000.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
2020-1.0-0,6 Agenda Packet Page 273 of 629
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to, COLUICH F1CV 101-01. prior to any acti011 Upon tilatters that will reqUire discretionar,\,� action
I and all other official hodies ofthe Cit of Chula Vista (the Citv"),
b\ the COL1116,11
Plant ing,Com.inission
(A state.,me,nt of diSCIOSUre of certain oN\nershjp of 111nancial interest's. payments, Or
paign contr,ibutio'lls
for a City electi011 111LISt be fided. "I"he following infortliation must be disclosed-
I List the naines ofall ersons hcavlillg "I 17inc,"Incial interest in tie proj)erty that is the SLIN
P ject ot, tile,
application or tile contract.e.g., oNN,ner. applicatit.,, contn"Ictor. SUbe ontract or, material supplier.
M.ichael C. 11 11Ali
............................. ............................................................
co
iP 1,1[.111 C 1.S 11 i p
If'tany personidentified fied pLIBUtan'tto item on1
, e ( ) above s a, rporalion or list the
natnes of all iilcfividuals with a M-O thOLIS-clild dollars (32-.000) iii vesti,Ilt in die business
(corporati,,oni I ptartrierst-iij)") entity.
C. High
-i one, abov,e is a, noti-profit organizatio'll or trLtStlist
ist
Ifatly Person* identified pLtmlallt 'to iten
the naines of ati),,e persotl. serving as director of the non-profit org�,,inizatioj'i or as trustee 01*
beneI]tcicary,or trustor of the tRISt.
N/A
.............................. ....... ........................................................ ........................
4. Please ldentify� every pets n. illClUdin�g' am, Z-1getit s, enipl0VeCS, C011SUItat'its, or in,clependent
colitr, u betore the Citv in t 1,
(,ictorN.,o
s u 1h,4(avre I(VISSigned to represent �yo his m,"tter.,
Miclea e-C.-I l i li,-,liresident
..........Ro kr1J_uncs,,... ...sitirn,atur
...................................... .......... ......... ..........
3 �7. 1l any persm'�i assoc"lated vvitli this contra,,ct li,ad finc,"It"icical dealings NNJf[i an opt 0,1tile
-ft-icial"
C i ty as it relates to this c(')ntr(,at \vithin tile past twelve,(1 1,21) 1110,11ths 1 Yes,-No X
N/A
............. .................. ........................................... --------- ............
6,
I vo;ects 1,10".()4�)s- /'��fj�fic St;gntll kh)d 11A t[SUFL,P)Bid Pa�ka.�ITC Th�1 0_1 S!, 1"Vond"mi FIN,I I)�doc,X14"I" 1)] 0-2020
2020-1.0-0,6 Agenda Packet Page 274 of 629
ffyes. bt-lieflN,,describe the]EMLIN Of."the fiflaricial iiiterest the official" ima."; have inth''I' onti'a ,
A.
.................... .......
6, Have you Imade.,a contribUti0l'i�of riloiMe than txvo IlLffldt-ed fil.17ty dollars,($21,5())-within tile Past tNvelve
(I 1 2.-) month to a current niember of the ChLik-1 Vista City Counc,l!?' 'No, ,VYeS If which
(,"'ounwil member"?
—'N/A ................................
7
-ed 101-ty dolhars($340), or an rtes of eqUiVc-11CIlt vakle,tO. Have you provicied ore than three 111-Indi
an. ot1kia"J" of tili ty in, the past twelve-(1.2.1) mointhsg? (I s in,dudes being a source of HI 0111 ,
11,10tieNI, toretia a.legal debt, gift, loaj:i,, etc,.) Yes No
I
If Yes, hi lir otficial** -and.%vhatl was, the iiattn-e ol"'itei.11 Irov'dod)
N/A
............
............
.0
1P 64 If I$1P 9
0A 4 A
0
j
Im
rF
AL
DX-
34
S i g ri c-1 t Ll IT of,"Clontractor/Applican't V
lfooi 4
fo#$, FO
J0,00104i i III
1-IMS Con,strionjjic. .......... Mich,ael C. f-figh .i .............................
Nwile ol"Got'llpany, Firni, ol,Entity Print Or type ilailic of Cmitractor/Applicant
Rresid-ent
Person is defi ned as'-, ariy indiVIdUal, co-Partmrship, joint v"cnture. association, social, club,
organiz,L-111,()11, Cor po,KIILOIL eSUlte., tRISt, t`CCC1VC1'. syndic.,,,lte, an),, otlw,1' C0L1J'1t,N, cjtV,
municipalit\%% district, of other political sllbdivisioti, or arty other g1-01.11) or combinationactinLg as c]
Ll 11 J t.
Ofl-icial it-ICILides. but is not limited to: Nlaytw. Coulicil tiwli:iber. Plarim n,,Lj,Comi'lli SS10[ler, Membei-
of a bofard., commission., or committee Of the City, employe"e, Or,staff I'll e 111 be I-S.
27
7 0 4 OS 1" A, 0 1 0 02 0
-T RFO-108- hw�fi c S)"wal I lod 0 fec'm I I re,1:1)13'td 7?1- vi j I i I L''n I 1-7,V,1 h J(,w Re v,
2020-10-06 Agenda Packet Page 275 of 629
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A,GEN' DA S,TIA, "nEMENT
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CITY, OF
CHUIAVISTA
October Vii,2020 File IO: 20-0400
,TITS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF
GRANT APPLICATIONS FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM - CYCLE 10 THROUGH
CALTRANS,AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECTS
RECOMMENDEDT
Council adopt the resolution.
SUMMARY
In the interest of obtaining federal grant funding to improve the safety of motorists, bicyclists and
pedestrians of the City,staff is requesting authorization to file Highway Safety Improvement Program-Cycle
10 grant applications for the following candidate projects: 1) Olympic Parkway Traffic Calming, Radar
Speed Feedback Signs at Various Locations; and 3] North.Second Avenue Shoulder Improvements.
ENVIRONMENTAL REVIEW
The Director of'I evelopment Services has reviewed the proposed project for compliance with the California
Environmental Quality Act(CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEC. A Guidelines Section. 1.5301. Class I (Existing Facilities) and/or,Section. 15303 class 3
(New Construction or, Conversion. of Small Structures) because the proposed project would not result in a
significant effect on the environment, create a cumulative impact, damage a scenic highway, or, cause a
substantial adverse change in the significance of a historical resource.Thus,no further environmental review
is required
DISCUSSION
On May 5,2020,the California Department of Transportation.(Caltrans)and the Federal Highway Association
announced the Highway Safety Improvement Program (HSIP) -Cycle 10 Call for Projects. The purpose of the
HSIP is to achieve a significant reduction in fatalities and serious injuries on all public roads. This call for
projects is targeted for approximately 220M in State funds exchanged for Federal HISP funding.
Staff requests authorization to apply for grant funding of the following prospective projects for HSIP Cycle
..0:
Pres ect a Project 1 OLYMPIC PARKWAY TRAFFIC CALMING
Project Location: Olympic Pkwy between Brandywine Air. and Eastlake Pkwy
Project Description:
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2020-10-06 Agenda Packet Page 277 of 629
The project would include implementation of various measures to reduce vehicle speeds and improve traffic
safety along the corridor.
The following improvements are being considered with this project:
• Upgrades to existing speed signage,
• Installation of radar speed feedback signs at targeted locations,
Possible curb extensions at applicable locations,and
Possible seal coat placement on the corridor to restripe narrower travel lanes.
Staff intends to apply for HSIP funding for preliminary engineering(PE) and construction (CON) phases.
Total-Approximate Cost*: $2,000,000 (PE,CON)
Approximate Contribution: $2, l l l,0Ot O (HSIP)
Prospective Proiect 2: RADAR SPEED FEEDBACK SIGNS AT VARIOUS LOCATIONS
Project Location:Various locations Citywide
Project Description:
Radar speed feedback signs are frequently used as a traffic calming measure when other such measures are
not applicable or appropriate. This project proposes to install feedback signs on collector roadways where
elevated speeds were observed.
Staff intends to apply for HSIP funding for PE and CON phases.
Total-Approximate Cost*: $120,000 (PE,CON)
Approximate Contribution: $120,000 (HSIP)
Prospective Project 3: NORTH SECOND AVENUE SHOULDER IMPROVEMENTS
Project Location: North Second Av.between'C'St.and Bayview Wy.
Project Description:
The project would install improvements to the easterly roadway shoulder along North Second Avenue
including upgrading the existing guardrail at the top of the slope east of North Second Avenue.
This project will be Chula Vista's first application for an HSIP funding set-aside whereby application selection
is not based on the benefit-cost ratio (BCR), unlike the above prospective applications as well as those in
prior HSIP cycles.
Staff intends to apply for HSIP funding for PE and CON phases.
Total-Approximate Cost*: $300,000 (PE,CON)
Approximate Contribution: $30OI ,000 (HSIP)
*Costs are approximate and subject to change.
DECISION-MAKER C'ONFLIC'T
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,0oO 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
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2020-1.0-0,6 Agenda Packet Page 278 of 629
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 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 prospective projects support the Strong
and Secure Neighborhoods goal. These projects promote safer travel for all modes of transportation through
Chula Vista's roadways.
CURRENT-YEAR FISCAL IMPACT"
There is no direct impact to the General Fund.
If any of'the grants are awarded, staff will return to City Council with a recommendation to accept and
appropriate the funds.
ONGOING FISCAL IMPACT
Upon construction completion,the projects will require routine maintenance.
M"TACHMENTS
None.
Staff Contact:Paul Oberbauer,Senior Civil Eng,ineer
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2020-1.0-0,6 Agenda Packet Page 279 of 629
RESOLUTION N No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA VISTA APPROVING TIME SUBMITTAL of GRANT
APPLICATIONS FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM CYCLE 10 THROUGH
CALTRANS, AND STATING THE CITYS ASSURANCE TO
COMPLETE THE PROJECTS
WHEREAS, on May 5, 2020, the California Department of Transportation (Caltrans) and
the Federal Highway Administration announced the California Highway Safety Improvement
Program (HSIP) - Cycle 10 Call for Projects; and.
WHEREAS, this Call for Projects is targeted for approximately $220M in State funds
exchanged from Federal HSIP funding; and
WHEREAS, the purpose of the HSIP is to achieve a significant reduction in fatalities and
serious injuries on all public roads; and
WHEREAS,for a project to be eligible,a specific problem must be identified for correction
and the proposed countermeasure must correct or substantially improve the condition users; and
WHEREAS, it is recommended that the City apply for grant funding of the following three
(3) candidate projects:
Estimated
Approximate
Grant Total Grant Prod pct�ar�.e Grant
Program ect Request* Funds
Cost
HSIP 1 Olympic Parkway Traffic Calming 2100000 2100000
Cycle 2 Radar Speed Feedback Signs at 1201000 1201000
10 Various Locations
3 North Second Avenue Shoulder $3001000 $3001000
Improvements
*hosts are approximate and subject to change.
NOW, THEREFORE, BE IT RESOLVED VED by the City Council of the City of Chula Vista
that it approves the submittal of herein referenced grant applications for the Highway Safety
Improvement Program — Cycle 1.0 through Caltrans, and states the City's assurance to complete
the projects.
Presented by Approved as to form by
William S. Valle Glen :R.. Goo ins
Director of Engineering & City Attorney
Capital Projects/City Engineer
2020-10-06 Agenda Packet Page 280 of 629
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C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
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CITY, OF
CHUIAVISTA
October Vii,2020 File ID: 20-0414
,TITS
A. RESOLUTION OF THE CITY" COUNCIL OF THE CITY OF CHULA NISTA APPROVING A SECOND
AMENDMENT TO THE 2018-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CHULA VISTA AND THE,CHULA VISTA MID-MANAGERS/PROFESSIONAL ASSOCIATION (MM/PR) THAT
WOULD EXTEND THE TERM OF THE MOU TO JUNE 30, 2021 AND TO PROVIDE FOR SPECIFIED
CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAPPROVING THE REVISED FISCAL
YEAR 2020-2021 COMPENSATION SCHEDULE EFFECTIVE OCTOBER 9, 20200 AS REQUIRED BY
CALIFORNIA CODE OF REGULATIONS,ATIONS,TITLE 2,SECTION 570.5
ACTIONRECOMMENDED
Council adopt the resolutions.
SUMMARY
In May 2020, the City and the Chula Vista Mid-Managers/Professional Association (MM/PR) began
negotiations seeking to extend the term of the Memorandum of Understanding (MOU). after good faith
negotiations,an.agreement (via a Second Amendment to the MOU) was subsequently reached to extend the
term of the MOU to June 31, 2020 and to provide for specified changes to the terms and conditions of
employment.
MENTALENVIRON L REVIEW
Environmental Notice
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 150601(c)(3) no environmental ental review is
required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality.Act (CEQA) and has determined that the activity is not a "Project" as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines,the activity is not subject to CEQA. Thus,no environmental review is required.
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2020-10-06 Agenda Packet Page 281 of 629
BOARD/COMMISSION/COMMIT IIIrEE RECOMMENDATION
N/A
DISC'USSION
In December 2018, the City Council approved a Memorandum of Understanding between the City of Chula
Vista and the Chula Vista Mid-Managers/Professional Association(MM/PR)related to wages and other terms
and conditions of employment. In May 2020, the City and the Chula Vista Mid-Managers/Professional
Association (MM/PR) began negotiations seeking to extend the term of the Memorandum of Understanding
(MOU). After good faith negotiations and one extension to July 31, 2020, an agreement was subsequently
reached to extend the term of the MOU to June 30, 2021 and to provide for specified changes to the terms
and conditions of employment. This extension will provide MM/PR represented employees with an
additional eight (8) hours of Floating Holiday for Fiscal Year 2020-2021, and to make the following
Information Technology(IT)classification adjustments based on a classification study of all IT'classifications
in the City:
1. Senior Information 'Technology Support Specialist 11 ('Terminal) shall be created with an E
step salary of$105,504.8,8,annually.
2. Senior Information Technology Support Specialist shall have an E step salary of$95,742.36
annually.
3,. All current Senior Information Technology Support Specialists and Senior Police Technology
Specialists shall be retitled to Senior Information 'Technology Support Specialist 11
(Terminal).
4. Delete the Senior Police Technology Specialist classification,.
Approval of Resolution A will approve the Second Amendment to the 2018-2020 Memorandum of
Understanding between the City of Chula Vista and MM/PR.
Additionally,California Code of Regulations,Title 2,Section 570.5 requires that,for purposes of determining
a retiring employee's pension allowance,the pay rate be limited to the amount listed on a pay schedule that
meets certain requirements and be approved by the governing body in accordance with the requirements of
the applicable public meeting laws. The revised Fiscal Year 2020-2021 Compensation Schedule
("Compensation Schedule")was last approved by the City Council at their meeting of July 28,,20120. This item.
ensures continued compliance with California Code of Regulations, Title 2, Section 570.5, by ensuring the
City has an up-to-date,publicly approved Compensation Schedule.
Approval of Resolution B will approve the revised Fiscal Year 2020-2021 Compensation Schedule effective
October 9, 2020,to reflect the above adjustments to the aforementioned IT classifications.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial,secretarial,manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
P 12
2020-1.0-0,6 Agenda Packet Page 282 of 629
governmental decision,pursuant to California Code of Regulations Title 21 section 18702.4(a).Consequently,
this item does not present a conflict under the Political Reform Act(Cal. Gov't Code§87100.,et seq.). Staff is
not independently aware,and has not been informed by any City Council member,of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The fiscal impact for the adjustments to the IT classifications is approximately $14,077. No additional
appropriations are requested at this time as staff will look for offsetting savings within the General Fund
budget. If necessary, staff will request additional appropriations as part of the Quarterly Financial Report.
ONGOING FISCAL IMPACT
The ongoing costs associated with the proposed changes are approximately$21,657 annually. The overall
cost will increase along with future cost of living adjustments and benefit changes.
ATTACHMENT'S
1. Second Amendment to the 2018-2,02,0 Memorandum of Understanding between the City of Chula Vista
and the Chula Vista Mid-Managers/Professional Association
2. Revised Fiscal Year 2020-2021 Compensation Schedule Effective October 9,2020
Staff Contact.-Courtney Chase, Director of Human Resources/Risk Management
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2020-1.0-0,6 Agenda Packet Page 283 of 629
MOU EXTENSION AGREEMENT
Between MMI, PR F-S IU Local 221 and City of Chula Vista.
OAU Extension Agreement Addressing Impacts of the SCO ID-19 Pandemic
In the interests of promoting public health and safety, preventing the spread of COVID-19 in workplaces,
and ensuring the sustainability of critical public services,the Chula Vista Mid-Managers/Professional
Association SEIU Local 221 (the Union) and the City of Chula Vista (the City) enter into this MOU
Extension Agreement addressing impacts of the C,OVID-19 Pandemic and hereby agree to the following
terms and conditions applicable to the MM/PROF bargaining unit, which shall take effect upon adoption
by the bargaining group and ratified by City Council in open session visa resolution.
1. Extension of Current MOU until June 30,
A. It is hereby agreed between the City and the Union to extend the Memorandum of
Understanding(MOU) between the parties until the end of the 2020-2021 Fiscal Year.
The MOU shall expire Mune 30, 2021.
B. In consideration of this M0U Extension Agreement,the parties hereby to the following
terms amending the MCU:
1.. Floating Holiday:
a. Represented employees shall be allotted eight ( ) additional
floating holiday hours for FY 20/21.The eight ( ) hours may be
taken in the same manner as"Vacation leave.
2. IT Classification Adjustment:
a. Senior Information Technology Support Specialist II (Terminal)
shall be created with an E step salary of$1015,504.88 annually.
b. Senior Information Technology Support Specialist shall have an
E step salary of$95,742.36 annually.
c. All current Senior Information Technology Support Specialists
and Senior Police Technology Specialists shall be retitled to
Senior Information Technology Support Specialist 11 (Terminal).
d. Delete Senior Police Technology Specialist classification.
e. Classification changes shall be effective the first full pay period
following approval by the Chula Vista City Council in open
session via resolution.
2020-10-06 Agenda Packet Page 284 of 629
C. The parties agree that all terms and conditions of the aforementioned MOU shall
continue in full force and effect until June 30, 2021, except where those terms and
conditions are inconsistent with this MOU Extension Agreement, in which case the
terms and conditions herein supersede the terms and conditions in the MOU.
2. COVID-19-Workplace Health and Safety Standards
A. In consultation with the Union, the City developed the following policies and protocols
in response to ensuring workplace health and safety standards due to the COVID-19
pandemic (attached for reference):
i. Human Resources, Department Policies and Procedures, Policy Number 922- Public
Emergency Order,Not to Report to Normal Work Location and Authorization of
Compensation
ii. Hluman Resources Department Policies and Procedures, Policy Number 923 - COVID-
19 Pandemic Telecommuting Policy
iii. Hluman Resources Department Policies and Procedures, Policy Number 607-
Emergency Family and Medical Leave Expansion
iv. Hluman Resources Department Policies and Procedures, Policy Number 608-
COVID19 Emergency Paid Sick Leave
v. Hluman Resources Department Policies and Procedures, Policy Number 617-
Emergency Advance Leave
vi. Return from Foreign Travel Temporary Protocol Memo dated July 1, 2020
B. While the City's EOC is active,the City will provide EOC Operation Action Plan to
employees represented by MM/PR. Section ICS 204,Assignment List outlines,the
essential functions being performed and the required PPE for employees. Section ICS
208, Safety Plan provides guidance to all essential workers (those at work)to reduce the
exposure to and/or risk of person-to-person transmission of COVID-19 (EOC Operation
Action Plan dated May 8, 2020—May 15, 2020 for reference).
3. Union Ri
A. The iEmployer shall notify the Union the numbers of potential MM/PR employee
exposures to COVID-19 for the duration of this MO,U Extension Agreement.
B. The City will notice the Union of any new hires and will provide access to new
employees individually and/or at an orientation held by the City.
2 Page
2020-1.0-0,6 Agenda Packet Page 285 of 629
SIGNATURE PAGE FOR:
MOU EXTENSION AGREEMENT
Between MM/PROF-SEIU Local 221 and City of Chula Vista
FOR SEW LOCAL 221: FOR THE CITY OF CHULA VISTA:
Shane Brinton Date Courtney Chase Date
Chief of Staff, SEW Local 221 Director of HR, City of Chula Vista
Lynnette Tessitore Date
MMPR President, SEW Local 221
Frank Rivera Date
MMPR Vice President, SEW Local 221
Michael Jensen Date
MMPR Bargaining Team Member
3 1 Page
2020-1.0-0,6 Agenda Packet Page 286 of 629
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ACCOUNTANT 3633 COW A $2,210.51
ACCOUNTANT 3633 COW B $2,321.04
ACCOUNTANT 3633 COW C $21437.10
ACCOUNTANT 3633 COW D $2,558.95
ACCOUNTANT 3633 COW E $2,,686.89
ACCOUNTING ASST 3641 ACE A $11707.81
ACCOUNTING ASST 3641 ACE B $1,793.19
ACCOUNTING ASST 3641 ACE C $1,882.87
ACCOUNTING ASST 3641 ACE D $1,976.99
ACCOUNTING ASST 3641 ACE E $2,075.84
ACCOUNTING TECH 3643 COW A $1,880.10
ACCOUNTING TECH 3643 COW B $1,974.11
ACCOUNTING TECH 3643 COW C $2,072.82
ACCOUNTING TECH 3643 COW D $2,176.46
ACCOUNTING TECH 3643 COW E $2,285.28
ACCOUNTING TECH 3675 ACE A $1,880.10
ACCOUNTING TECH 3675 ACE B $1,974.11
ACCOUNTING TECH 3675 ACE C $2,072.82
ACCOUNTING TECH 3675 ACE D $2,176.46
ACCOUNTING TECH 3675 ACE E $2,285.28
ACCTG TECH 11 (T3647 COW A $2,160.38
ACCTG TECH 11 (T) 3647 COW B $2,268.39
ACCTG TECH 11 (T3647 CONF C $2,381.81
ACCTG TECH 11 (T) 3647COW D $2,500.90
ACCTG TECH 11 (T3647 CONF E $2,625.95
ACCTG TECH 11 (T) 3677' ACE A $2,160.38
ACCTG TECH 11 (T3677 ACE B $2,268.39
ACCTG TECH 11 (T) 3677' ACE C $2,381.81
ACCTG TECH 11 (T3677 ACE D $2,500.90
ACCTG TECH 11 (T) 3677' ACE E $2,625.95
ACCTS PYBL SUPV 3645 ACE A $2,484.42
ACCTS IPYBL SUIPV 3645 ACE B $2,608.65
ACCTS PYBL SUPV 3645 ACE C $2,739.08
ACCTS IPYBL SUIPV 3645 ACE D $2,876.03
ACCTS PY13L SUPV 3645 ACE E $3,019.82
ADMIN SEC 0149 COW A $2,110.46
ADMIN SEC 0149 COW B $2,215-99
ADMIN SEC 0149 COW C $2,326.78
ADMIN SEC 0149 COW D $2,443.12
ADMIN SEC 1 0149 1 COW I E 1 $2,565.28
All position titles designated as Executive(""EXEC")or Senior Management("'SM"')have salary bands with a minimum(""Step A")and
maximum("'Step E")salary;salary appointments and subsequent adjustments within the approved salary range may be made by the
position's appointing authority.
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d&0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ADMIN SEC O179 ACE A $2,110.46
ADMIN SEC 0179 ACE B $2,215.99
ADMIN SEC 0179 ACE C $2,3.26.78
ADMIN SEC 0179 ACE D $2,443.12
ADMIN SEC 0179 ACE E $2,,565.28
ADMIN SEC-MYR 0154 CONF A $2,110.46
ADMIN SEC-MYR 0154 CONF B $2,215.99
ADMIN SEC-MYR 0154 CONF C $2,326.78
ADMIN SEC-MYR 0154 CONF D $2,443.12.
ADMIN SEC-MYR 0154 CONF E $2,565.28
ADMAN SVCS MICR 0215 Sm A $3,785.84
ADMIN SVCS MIGR 0215 Sm B $0.00
ADMAN SVCS MICR 0215 Sm C $0.00,
ADMIN SVCS MIGR 0215 Sm D $0.00
ADMAN SVCS MICR 0215 Sm E $4,601.72
ADMIN TECH 0147 CONT A $2,110.46
ADMAN TECH 0147 CONF B $2,215.99
ADMIN TECH 0147 CONT C $2,326.78
ADMAN TECH 0147 CONF D $2,443.12
ADMIN TECH 0147 CONT E $2,565.28
ADMAN TECH 0181 ACE A $2,110.46
ADMIN TECH 0181 ACE B $2,215.99
ADMAN TECH 0181 ACE C $2,326.78
ADMIN TECH 0181 ACE D $2,443.12
ADMAN TECH 0181 ACE E $2,565.28
ANIML ADPDTN CN 5310 ACE A $1,826.24
ANIML ADPDTN CN 5310 ACE B $1,917.54
ANIML ADPDTN CN 5310 ACE C $2,013.42
ANIML ADPDTN CN 5310 ACE D $2,114.08
ANIML ADPDTN CN 5310 ACE E $2,219.80
ANIML CR AIDE 5316 UCHR A $1,059.90
ANIML CR AIDE 5316 UCHR B $1,112.89
ANIML CR AIDE 5316 UCHR C $1,168.53
ANIML CR AIDE 5316 UCHR D $1,226.96
ANIML CR AIDE 5316 U�CHR E $1,288.31
ANIML CR FC ADM 5327 Sm A $4,411.07
ANIML CR FC ADM 532,7 Sm B $4,631-63
ANIML CR FC ADM 5327 Sm C $4,863.20
ANIML CR FC ADM 532,7 Sm D $5,106.36
ANIML CR FC ADM 5327 Sm E $5,361.68
ANIML CR SPEC 5343 ACE A $1,531.33
ANIML CR SPEC 5343 ACE B $1,607.89
ANIML CR SPEC 5343 ACE C $1,688.28
ANIML CR SPEC 5343 ACE D $1,772.71
JANIML CR SPEC 1 5343 1 ACE I E 1 $1,861.34
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d&&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ANIML CR SPEC 5344 UCHR A $1,531.33
ANIML CR SPEC 5344 UCHR B $11607.89
ANIML CR SPEC 5344 UCHR C $1,688.28
ANIML CR SPEC 5344 UCHR D $1,772.71
ANIML CR SPEC 5344 UCHR E $1,861.34
ANIML CR SU PV 5319 ACE A $2,126.42
ANIML CR SU PV 5319 ACE B $2,232.74
ANIML CR SU PV 5319 ACE C $2,344.38
ANIML CR SU PV 5319 ACE D $2,461.60
ANIML CR SU PV 5319 ACE E $2,584.67
ANIML CT OFF 5303 ACE A $1,837.58
ANIML CT OFF 5303 ACE B $1,929.46
ANIML CT OFF 5303 ACE C $2,025.94
ANIML CT OFF 5303 ACE D $21127.24
ANIML CT OFF 5303 ACE E $2,233.61
ANIML CT OFF 5305 UCHR A $11837.58
ANIML CT OFF 5305 UCHR B $1,929.46
ANIML CT OFF 5305 UCHR C $2,025.94
ANIML CT OFF 5305 UCHR D $2,127.24
ANIML CT OFF 5305 UCHR E $2,233.61
ANIML CTL OF SP 5304 ACE A $2,113.23
ANIML CTL OF SP 5304 ACE B $2,218.88
ANIML CTL OF SP 5304 ACE C $2,329.83
ANIML CTL OF SP 5304 ACE D $2,446.32
ANIML CTL OF SP 5304 ACE E $2,568.65
ANIML SVCS SPEC 5309 ACE A $1,670.54
ANIML SVCS SPEC 5309 ACE B $1,754.07
ANIML SVCS SPEC 5309 ACE C $11841.77
ANIML SVCS SPEC 5309 ACE D $1,933.86
ANIML SVCS SPEC 5309 ACE E $2,030.54
APPL SUPP MGR 3083 mm A $3,546.37
APPL SUPP MGR 3083 mm B $3,723.69
APPL SUPP MGR 3083 mm C $3,909.87
APPL SUPP MGR 3083 mm D $4,105.36
APPL SUPP MGR 3083 mm E $4,310.63
APPL SUPP SPEC 3088 PROF A $3,089.39
APPL SUPP SPEC 3088 PROF B $3,243.85
APPL SUPP SPEC 3088 PROF C $3,406.05
APPL SUPP SPEC 3088 PROF D $3,576.35
APPL SUPP SPEC 3088 PROF E $3,755.17
AC U�ARIST 7741 ACE A $1,902.18
AQUAIRIST 7741 ACE B $1,997.26
AQU�ARIST 7741 ACE C $2,097.13
AQUAIRIST 7741 ACE D $2,202.00
AQU�ARIST 7741 ACE E $2,312.10
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d&&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
AQUATIC SUP 1 7579 ACE A $1,950.83
AQUATIC SUP 1 7579 ACE B $2,048.36
AQUATIC SUP 1 7579 ACE C $2,,150.79
AQUATIC SUP 1 7579 ACE D $2,258.32
AQUATIC SUP 1 7579 ACE E $2,371.23
AQUATIC SUP 11 7577 ACE A $2,145.90
AQUATIC SUP 11 7577 ACE B $2,253.19
AQUATIC SUP 11 7577 ACE C $2,365.86
AQUATIC SUP 11 7577 ACE D $2,484.15
AQUATIC SUP 11 7577 ACE E $2,608.36
AQUATIC SUP 111 7575 ACE A $2,467.80
AQUATIC SUP 111 7575 ACE B $2,591.19
AQUATIC SUP 111 7575 ACE C $2,720.75
AQUATIC SUP 111 7575 ACE D $2,856.79
AQUATIC SUP 111 7575 ACE E $2,999.63
ASSOC ACCT 3635 CONF A $2,431.57
ASSOC ACCT 3635 CONF B $2,553.15
ASSOC ACCT 3635 CONF C $2,680.80
ASSOC ACCT 3635 CONF D $2,814.84
ASSOC ACCT 3635 CONF E $2,955.59
ASSOC ACCT II (T) 3637CONF A $2,792.01
ASSOC ACCT III (T) 3637 CONF B $2,931.60
ASSOC ACCT II (T) 3637 CONF C $3,078.18
ASSOC ACCT III (T) 3637' COW D $3,232.09
ASSOC ACCT II (T) 3637 CONF E $3,393.69
ASSOC ENGINEER 6017' WCE A $3,362.59
ASSOC ENGINEER 6017 WCE B $3,530.72
ASSOC ENGINEER 6017' WCE C $3,707.27
ASSOC ENGINEER 6017 WCE D $3,,892.63
ASSOC ENGINEER 6017' WCE E $4,087.25
ASSOC I-ND SRVYR 6287 WCE A $3,362.59
ASSOC LNC SRVYR 6287' WCE B $31530.72
ASSOC I-ND SRVYR 6287 WCE C $3,707.27
ASSOC, LND SRVYR. 6287 WCE D $3,892.63
ASSOC LND SRVYR 6287 WCE E $4,087.25
ASSOC, PLANNER 4437 ACE A $2,768.33
ASSOC PLANNER 4437 ACE B $21906.75
ASSOC, PLANNER 4437 ACE C $3,052.08
ASSOC PLANNER 4437 ACE D $31204.70
ASSOC, PLANNER 4437 ACE E $3,364.93
ASSOC PLN CK EN 4747 WCE A $3,362-59
ASSOC, PLN CK EN 4747 WCE B $3,530.72
ASSOC PLN CK EN 4747 WCE C $3,707.27
ASSOC, PLN CK EN 4747 WCE D $3,892.63
JASSOC PLN CK EN 4747 WCE E $4,087.25
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ASST CHF OF POL 5011 Sm A $5,472.03
ASST CHF OF POL 5011 Sm B $0.00
ASST CHF OF POL 5011 Sm C $0..00
ASST CHF OF POL 5011 Sm D $0.00
ASST CHF OF POL 5011 Sm E $6,651.29
ASST CITY ATTY 2405 Sm A $5,842.52
ASST CITY ATTY 2405 Sm B $6,134.67
ASST CITY ATTY 2405 Sm C $6,441.39
ASST CITY ATTY 2405 Sm D $6,,759.87
ASST CITY ATTY 2405 Sm E $7,101.63
ASST CITY CLERK 2210 Sm A $3,325.87
ASST CITY CLERK 2.210 Sm B $3,492.17
ASST CITY CLERK 2210 Sm C $3,666.78
ASST CITY CLERK 2.210 Sm D $3,850.10
ASST CITY CLERK 2210 Sm E $4,042.71
ASST CITY MGR 2707 EXEC A $7,559.20
ASST CITY MIGR 2707 EXEC B $0.00,
..........
ASST CITY MGR 2707 EXEC C $0.00
ASST CITY MIGR 2707 EXEC D $0.00,
ASST CITY MGR 2707 EXEC E $9,131.13
ASST DIR OF IDS 4040 Sm A $5,851.69
ASST DIR OF IDS 4040 Sm B $0.00
ASST DIR OF IDS 4040 Sm C $0.00,
ASST DIR OF IDS 4040 Sm D $0.00,
ASST DIR OF IDS 4040 Sm E $7,112.77
ASST DIR OF ENG 6008 Sm A $5,355.14
ASST DIR OF ENG 6008 Sm B $0.00,
ASST DIR OF ENG 6008 Sm C $0.00,
ASST DIR OF ENG 6008 Sm D $0.00,
ASST DIR OF ENG 6008 Sm E $6,465.21
ASST DIR OF FIN 3604 Sm A $5,058.57
ASST DIR OF FIN 3604 Sm B $0.00,
ASST DIR OF FIN 3604 Sm C $0.00,
ASST DIR OF FIN 3604 Sm D $0.00,
ASST DIR OF FIN 3604 Sm E $6,107.18
ASST DIR OF HR 3304 Sm A $5,089.32
ASST DIR OF HR 3304 Sm B $0.00,
ASST DIR OF HR 3304 Sm C $0.00,
ASST DIR OF HR 3304 Sm D $0.00,
ASST DIR OF HR 3304 Sm E $6,107.18
ASST DIR OF PW 632,2 Sm A $5,355-14
ASST DIR OF PW 6322 Sm B $0.00,
ASST DIR OF PW 632,2 Sm C $0.00
ASST DIR OF PW 6322 Sm D $6,322.08
ASST DIR OF PW 632,2 Sm E $6,465.21
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A Vra#g/aWngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ASST D I R OF REC 7401 Sm A $4,,178.70
ASST DIR OF REC 7401 Sm B $0.00
ASST D I R OF REC 7401 Sm C $0.00
ASST DIR OF REC 7401 Sm D $0.00
ASST COIR OF REC 7401 Sm E $5,079.23
ASST ENGINEER 6015 WCE A $2,924.00
ASST ENGINEER 6015 WCE B $3,070.20
ASST ENGINEER 6015 WCE C $3,223.72
ASST ENGINEER 6015 W14�Lrp- D $3,384.90
ASST ENGINEER 6015 WCE E $3,554.14
ASST LND SRVYR 6289 WCE A $2,924.00
ASST I-ND SRVYR 6289 WCE B $3,070.20
ASST LNC SRVYR 6289 WCE C $3,223.72
ASST I-ND SRVYR 6289 WCE D $3,384.90
ASST LNC SRVYR 6289 WCE E $3,554.14
ASST PLANNER 4439 ACE A $2,516.68
ASST PLANNER 4439 ACE B $2,642.50
ASST PLANNER 4439 ACE C $2,774.63
ASST PLANNER 4439 ACE D $2,913.35
ASST PLANNER 4439 ACE E $3,059.02
ASST PLN CK ENG 4749 WCE A $2,924.00
ASST PLN CK ENG 4749 WCE B $3,070.20
ASST PLN CK ENG 4749 WCE C $3,223.7,2
ASST PLN CK ENG 4749 WCE D $3,384.90
ASST PLN CK ENG 4749 WCE E $3,554.14
AUTO FGRPT TECH 5123 ACE A $1,670.54
AUTO FGRPT TECH 5123 ACE B $1,754.07
AUTO FGRPT TECH 5123 ACE C $11841.77
AUTO FGRPT TECH 5123 ACE D $1,933.86
AUTO FGRPT TECH 5123 ACE E $2,030.54
BENEFITS MICR 3404 MMCF A $3,767.59
BENEFITS MGR 3404 MMCF B $3,955.96
BENEFITS MICR 3404 MMCF C $4,153.76
BENEFITS MGR 3404 MMCF D $4,361.45
BENEFITS MGR 3404 MMCF E $4,579-52
BG IT&ANLYS MGR 2222 Sm A $4,307.54
BCT&ANLYS MGR 2,22,2 Sm B $4,522.91
BG IT&ANLYS MGR 2222 Sm C $4,781.37
BCT&ANLYS MGR 2,22,2 Sm D $0.00
BG IT&ANLYS MGR 2222 Sm E $5,235.84
BLDG INSP 1 4771 ACE A $2,437.01
BLDG INSP 1 4771 ACE B $2,558.86
BLDG INSP 1 4771 ACE C $2,686.81
BLDG INSP 1 4771 ACE D $2,821.15
BLDG INSP 1 4771 ACE E $2,962.20
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
BLDG INSP 11 4773 ACE A $2,580.72.
BLDG INSP 11 4773 ACE B $2,814.76
BLDG INSP 11 4773 ACE C $2,955.49
BLDG INSP 11 4773 ACE D $3,103.28
BLDG INSP 11 4773 ACE E $3,,258.44
BLDG INSP 111 4775 ACE A $2,948.79
BLDG INSP 111 4775 ACE B $3,096.23
BLDG INSP 111 4775 ACE C $3,251.05
BLDG INSP 111 4775 ACE D $3,413.59
BLDG INSP 111 4775 ACE E $3,584.27
BLDG INSP IVIGR 4769 mm A $3,,544.56
BLDG INSP IVIGR 4769 MM B $3,721.79
BLDG INSP IVIGR 4769 mm C $3,907.88
BLDG INSP IVIGR 4769 mm D $4,103.27
BLDG INSP IVIGR 4769 MM E $4,308.44
BLDG OFF/CE MGR 4780 Sm A $5,312.61
BLDG OFF/CE IVIGR 4780 Sm B $0.00,
BLDG OFF/CE MGR 4780 Sm C $0.00
BLDG OFF/CE IVIGR 4780 Sm D $0.00,
BLDG OFF/CE MGR 4780 Sm E $61457.53
BLDG PROJ IVIGR 6412 PROF A $3,448.56
BLDG PROJ IVIGR 6412 PROF B $3,620.99
BLDG PROJ IVIGR 6412 PROF C $3,,802.04
BLDG PROJ IVIGR 6412 PROF D $3,992.14
BLDG PROJ IVIGR 6412 PROF E $x4,191.75
BLDG SVCS SUPV 6669 ACE A $2,356.22
BLDG SVCS SUPV 6669 ACE B $2,474.03
BLDG SVCS SUPV 6669 ACE C $21597.74
BLDG SVCS SUPV 6669 ACE D $2,727.62
BLDG SVCS SUPV 6669 ACE E $2,864.01
BUSINSS LIC REP 4505 ACE A $1,707.81
BUSINSS LIC REP 4505 ACE B $1,793.19
BUSINSS LIC REP 4505 ACE C $1,882.87
BUSINSS LIC REP 4505 ACE D $1,976.99
BUSINSS LIC REP 4505 ACE E $2,075.84
C& R SUPVR 6427 ACE A $2,953.04
C& R SUPVR 642,7 ACE B $31100.71
C& R SUPVR 6427 ACE C $3,255.74
C& R SUPVR 642,7 ACE D $3,418-52
C& R SUPVR 6427 ACE E $3,589.45
CARPENTER 6444 ACE A $2,126-59
CARPENTER 6444 ACE B $2,232.91
CARPENTER 6444 ACE C $2,344-56
CARPENTER 6444 ACE D $2,461.80
CARPENTER 6444 ACE E $2,584.89
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
CASHIER 3669 ACE A $1,418.29
CASHIER 3669 ACE B $1,489.21
CASHIER 3669 ACE C $1,563.67
CASHIER 3669 ACE D $1,641.85
CASHIER 3669 ACE E $1,7.23.94
CHIEF OF POLICE 5001 EXEC A $7,149.84
CHIEF OF POLICE 5001 EXEC B $0..00,
CHIEF OF POLICE 5001 EXEC C $8,265.18
CHIEF OF POLICE 5001 EXEC D $0..00,
CHIEF OF POLICE 5001 EXEC E $8,690.70
CHIIEF OF STAFF 2011 MMUC A $2,939.85
CHIIEF OF STAFF 2011 MMUC B $3,086.84
CHIIEF OF STAFF 2011 MMUC C $3,241.18
CHIIEF OF STAFF 2011 MMUC D $3,403.24
CHIEF OF STAFF 2011 MMUC E $3,573.41
CHIIEF SUST OFF 2729 Sm A $5,058.58
CHIEF SUST OFF 2729 Sm B $0.00,
CHIIEF SUST OFF 2729 Sm C $0.00
CHIEF SUST OFF 2729 Sm D $5,971.96
CHIIEF SUST OFF 2729 Sm E $61107.18
C I TY ATTY(EL) 2400 CATV A $0.00,
C I TY ATTY(EL) 2400 CATY B $0.00
C I TY ATTY(EL) 2400 CATV C $0.00,
CITY ATTY(EL) 2400 CATV D $0.00,
CITY ATTY(EL)
Eff07101112019 2400 CATV E $8,253.89
.
CITY ATTY INV 2435 CONF A $2,511.13
CITY ATTY INV 2435 CONF B $2,636.68
CITY ATTY INV 2435 CONF C $2,768.52
CITY ATTY INV 2435 CONF D $2,906.94
CITY ATTY INV 2435 CONF E $3,052.29
CITY CLERK 2201 CCLK A $4,990.94
CITY CLERK 2201 CCLK B $0.00,
CITY CLERK 2201 CCLK C $0.00,
CITY CLERK 2201 CCLK D $5,202.00
CITY CLERK 2201 CCLK E $6,066-52
CITY CLERK ANLT 2221 PROF A $3,013.37
CITY CLERK ANLT 2,22,1 PROF B $3,164.04
CITY CLERK ANLT 2221 PROF C $3,322.24
CITY CLERK ANLT 2,22,1 PROF D $3,488.35
CITY CLERK ANLT 2221 PROF E $3,662.77
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q*gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
CITY ENGINEER 6010 Sm A $5,094.69
CITY ENGINEER 6010 Sm B $0.00
CITY ENGINEER 6010 Sm C $0..00,
CITY ENGINEER 6010 Sm D $0.00
CITY ENGINEER 6010 Sm E $6,192.61
CITY LIBRARIAN 7007 Sm A $4,604.04
CITY LIBRARIAN 7007 Sm B $4,834.23
CITY LIBRARIAN 7007 Sm C $5,075.95
CITY LIBRARIAN 7007 Sm D $5,,329.74
CITY LIBRARIAN 7007 Sm E $5,596.23
CITY MANAGER 2710 CCR A $0.00,
CITY IMANIACER 2710 CMGR B $0.00
CITY MANAGER 2710 CMGR C $0.00,
CITY IMANIACER 2.710 CMGR D $0.00
CITY MANAGER 2710 CMGR E $10,,961.54
CIVIL BKGRD INV 5429 ACE A $2,021.35
CIVIL BKG RD INV 5429 ACE B $2,1.22.41
CIVIL BKGRD INV 5429 ACE C $2,228.53
CIVIL BKG RD INV 5429 ACE D $2,339.95
CIVIL BKGRD INV 5429 ACE E $2,456.95
CIVIL BKG RD INV 5430 UCHR A $2,021.35
CIVIL BKGRD INV 5430 UCHR B $2,122.41
CIVIL BKGRD INV 5430 UCHR C $2,228.53
CIVIL BKGRD INV 5430 UCHR D $2,339.95
CIVIL BKGRD INV 5430 UCHR E $2,456.95
CIVIL IDOL INV 5431 UCHR A $2,063.15
CIVIL POL INV 5431 UCHR B $2,166.32
CIVIL IDOL INV 5431 UCHR C $2,274.63
CIVIL POL INV 5431 UCHR D $2,388.36
CIVIL IDOL INV 5431 UCHR E $21507.78
CLERICAL AIDE, 0241 UCHR A $0.00,
CLERICAL AIDE 0241 UCHR B $0.00,
CLERICAL AIDE, 0241 UCHR C $0.00,
CLERICAL AIDE 0241 UCHR D $0.00,
CLERICAL AIDE, 0241 U�CHR E $1,040.00
CLT ARTS IPM MGR 4435 PROF A $3,193.61
CLT ARTS PM MGR 4435 PROF B $3,353.29
CLT ARTS IPM MGR 4435 PROF C $3,520.95
CLT ARTS PM MGR 4435 PROF D $3,697.00
CLT ARTS IPM MGR 4435 PROF E $3,881.85
CODE ENF OFF 1 4777 ACE A $2,116.81
CODE ENF OFF 1 4777 ACE B $2,222.66
CODE ENF OFF 1 4777 ACE C $21333.78
CODE ENF OFF 1 4777 ACE D $2,450.48
ICGDE ENF OFF 1 4777 ACE E $2,573.00
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
CODE ENF OFF 11 4778 UCHR A $2,328.49
CODE ENF OFF 11 4778 UCHR B $2,444.92
CODE ENF OFF 11 4778 UCHR C $2,,567'.17
CODE ENF OFF 11 4778 UCHR D $2,695.52
CODE ENF OFF 11 4778 UCHR E $2,830.31
CODE ENF OFF 11 4779 ACE A $2,328.49
CODE ENF OFF 11 4779 ACE B $2,444.92
CODE ENF OFF 11 4779 ACE C $21567.17
CODE ENF OFF 11 4779 ACE D $2,695.52.
CODE ENF OFF 11 4779 ACE E $2,830.31
CODE ENF TECH 4789 ACE A $1,840.70
CODE ENF TECH 4789 ACE B $1,932.75
CODE ENF TECH 4789 ACE C $2,029.38
CODE ENF TECH 4789 ACE D $2,130.85
CODE ENF TECH 4789 ACE E $2,237.39
COLLECTIONS SUP 3683 mm A $2,942.72
COLLECTIONS SUP 3683 mm B $3,089.86
COLLECTIONS SUP 3683 mm C $3,244.35
COLLECTIONS SUP 3683 mm D $3,406.57
COLLECTIONS SUP 3683 mm E $3,576.89
COMMTY SERV OFF 5141 ACE A $1,670.54
COMMTY SERV OFF 5141 ACE B $1,754.07
COMMTY SERV OFF 5141 ACE C $1,841.77
COMMTY SERV OFF 5141 ACE D $1,933.86
COMMTY SERV OFF 5141 ACE E $2,030.54
CONSTIT SW REP 2039 COW A $0.00,
CONSTIT SRV REP 2039 CONF B $0.00,
CONSTIT SW REP 2039 COW C $0.00,
CONSTIT SRV REP 2039 CONF D $0.00,
CONSTIT SW REP 2039 COW E $1,959.15
CONSVTN SPEC 1 6200 ACE A $1,924.37
CONSVTN SPEC 1 6200 ACE B $2,020.60
CONSVTN SPEC 1 6200 ACE C $2,121.64
CONSVTN SPEC 1 6200 ACE D $2,227.70
CONSVTN SPEC 1 6200 ACE E $2,339.09
CONSVTN SPEC 11 6202 ACE A $2,116.81
CONSVTN SPEC 11 6202 ACE B $2,222-66
CONSVTN SPEC 11 6202 ACE C $2,333.78
CONSVTN SPEC 11 6202 ACE D $2,450.48
CONSVTN SPEC 11 6202 ACE E $2,573.00
COUNCIL ASST 2023, , U�CHR A $1,832.86
COUNCIL ASST 2023 UCHR B $1,924.50
COUNCIL ASST 2023, , U�CHR C $21020.73
COUNCIL ASST 2023 UCHR D $2,121.76
COUNCIL ASST 2023, , U�CHR E $2,227.85
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
COUNICILPERSON 2003 CL A $0..00
COUNCILPERSON 2003 CL B $0.00
COUNICILPERSON 2003 CL C $0..00
COUNCILPERSON 2003 CL D $0.00
COUNCILPERSON 2003 CL E $2,179.03
Eff.0710112'019
CRIME LAB MGR 5101 MM A $3,810.62
CRIME LAB MGR 5101 MM B $4,001.15
CRIME LAB MGR 5101 MM C $4,201.21
CRIME LAB MGR 5101 MM D $4,411.27
CRIME ILAB IVIGR 5101 Mm E $4,631.83
CUSTODIAL SPUR 6667ACE A $1,953.79
CUSTODIAL SPVR 6667 ACE B $2,051.49
CUSTODIAL SPUR 6667' ACE C $2,154.07
CUSTODIAL SPVR 6667 ACE D $2,261.77
CUSTODIAL SPUR 6667 ACE E $2,374.86
CUSTODIAN 6661 ACE A $1,544.49
CUSTODIAN 6661 ACE B $1,621.71
CUSTODIAN 6661 ACE C $1,702.80
CUSTODIAN 6661 ACE D $1,787.95
CUSTODIAN 6661 ACE E $11877.34
CUSTODIAN 6662 UCHR A $1,544.49
CUSTODIAN 6662 UCHR B $11621.71
CUSTODIAN 6662 UCHR C $1,702.80
CUSTODIAN 6662 UCHR D $1,787.95
CUSTODIAN 6662 UCHR E $1,877.34
DELIVERY DRIVER 7191 ACE A $11415.79
DELIVERY DRIVER 7191 ACE B $1,486.59
DELIVERY DRIVER 7191 ACE C $1,560.92
DELIVERY DRIVER 7191 ACE D $1,638.97
DELIVERY DRIVER 7191 ACE E $1,720.90
DEP CTY ATY 1 2410 PRUC A $3,526.29
DEP CTY ATY 1 2410 PRUC B $3,702.60
DEP CTY ATY 1 2410 PRUC C $31887.73
DEP CTY ATY 1 2410 PRUC D $4,082.12
DEP CTY ATY 1 2410 PRUC E $4,286.23
DEP CTY ATY 11 2408 PRUC A $4,231.53
DEP CTY ATY 11 2,408 PRUC B $4,443.11
DEP CTAT 11 2408 PRUC C $4,665.26
DEP CTY ATY 11 2408 PRUC D $4,898-53
DEP CTY ATY 11 2408 PRUC E $5,143.45
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
DEP CTY ATY 111 2411 Sm A $5,259.34
DEP CTY ATY 111 2411 Sm B $5,522.32
DEP CTY ATY 111 2411 Sm C $5,798.43
DEP CTY ATY 111 2411 Sm D $6,088.35
DEP CTY ATY 111 2411 Sm E $6,392.74
DEP CTY CLK I 24-)-A E;
--r-f PRUC A $2,180.56
DEP CTY CLK 1 2245 PRUC B $2,289.59
DEP CTY CLK 1 2245 PRUC C $2,404.07
DEP CTY CLK 1 2245 PRUC D $2,524.27
DEP CTY CLK 1 2245 PRUC E $2,650.49
DEP CTY CLK 11 2243 PRUC A $2,398.62
DEP CTY CLK 11 2243 PRUC B $2,518.55
DEP CTY CLK 11 2243 PRUC C $2,644.48
DEP CTY CLK 11 2.243 PRUC D $2,776.71
DEP CTY CLK 11 2243 PRUC E $2,915.54
DEP CTY MGR 2705 EXEC A $7,882.52
DEP CTY MGR 2705 EXEC B $0.00,
DEP CTY MGR 2705 EXEC C $0.00
DEP CTY MGR 2705 EXEC D $0.00,
DEP CTY MGR 2705 EXEC E $8,730.72
DEP FIRE CHIEF 5505 Sm A $5,440.25
DEP FIRE CHIEF 5505 Sm B $0.00
DEP FIRE CHIEF 5505 Sm C $0.00,
DEP FIRE CHIEF 5505 Sm D $0.00,
DEP FIRE CHIEF 5505 Sm E $6,612.68
DET FACILTY MGR 5130 mm A $3,810.62
DET FACILTY MGR 5130 mm B $4,001.15
DET FACILTY MGR 5130 mm C $4,201.21
DET FACILTY MGR 5130 mm D $4,411.27
DET FACILTY MGR 5130 mm E $4,631.83
DEV AUTO SPEC 4718 PROF A $3,046.34
DEV AUTO SPEC 4718 PROF B $3,198.66
DEV AUTO SPEC 4718 PROF C $3,358.59
DEV AUTO SPEC 4718 PROF D $3,526.52
DEV AUTO SPEC 4718 PROF E $3,702.85
DEV SW CTR IMGR 4547 mm A $3,675.95
DEV SRV CTR MGR 4547 mm B $31859.75
DEV SW CTR IMGR 4547 mm C $4,052.73
DEV SRV CTR MGR 4547 mm D $4,255.37
DEV SW CTR IMGR 4547 mm E $4,468.14
DEV SRV TCH 1 4542 ACE A $1,741.19
DEV SW TCH 1 4542 ACE B $1,828.26
DEV SRV TCH 1 4542 ACE C $1,919.66
DEV SW TCH 1 4542 ACE D $2,015.65
DEV SRV TCH 1 4542 ACE E $2,116.44
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
DEV SRV TCH 1 4540 UCHR A $1,741.19
DEV SRV TCH 1 4540 UCHR B $1,828.26
DEV SRV TCH 1 4540 UCHR C $1,919.66
DEV SRV TCH 1 4540 UCHR D $2,015.65
DEV SRV TCH 1 4540 UCHR E $2,116.44
DEV SRV TCH 11 4541 ACE A $1,915.32
DEV SRV TCH 11 4541 ACE B $2,011.07
DEV SRV TCH 11 4541 ACE C $2,111.62
DEV SRV TCH 11 4541 ACE D $21217.21
DEV SRV TCH 11 4541 ACE E $2,328.07
DEV SRV TCH 11 4544 UCHR A $1,915.32
DEV SRV TCH 11 4544 UCHR B $2,011.07
DEV SRV TCH 11 4544 UCHR C $2,111.62
DEV SRV TCH 11 4544 UCHR D $21217.21
DEV SRV TCH 11 4544 UCHR E $2,328.07
DEV SRV TCH 111 4543 ACE A $2,202.60
DEV SRV TCH 111 4543 ACE B $2,312.74
DEV SRV TCH I11 4543 ACE C $2,428.38
DEV SRV TCH 111 4543 ACE D $2,549.79
DEV SRV TCH I11 4543 ACE E $21677.29
DGTL FOR TCH 1 5245 ACE A $1,977.88
DGTL FOR TCH 1 5245 ACE B $2,076.78
DGTL FOR TCH 1 5245 ACE C $2,180.62
DGTL FOR TCH 1 5245 ACE D $2,289.65
DGTL FOR TCH 1 5245 ACE E $2,404.13
DGTL FOR TCH 11 5243 ACE A $2,274.57
DGTL FOR TCH 11 5243 ACE B $2,388.30
DGTL FOR TCH 11 5243 ACE C $21507.71
DGTL FOR TCH 11 5243 ACE D $2,633.10
DGTL FOR TCH 11 5243 ACE E $21764.75
DIR OF COM SVCS 7004 EXEC A $6,060.40
DIR OF COM SVCS 7004 EXEC B $0.00,
DIR OF COM SVCS 7004 EXEC C $0.00,
DIR OF COM SVCS 7004 EXEC D $0.00,
DIR OF COM SVCS 7004 EXEC E $71366.72
A
DIR OF DEV SVCS 4039 EXEC A $6,528.01
DIR OF DEV SVCS 4039 EXEC B $0.00,
DIR OF DEV SVCS 4039 EXEC C $0.00,
DIR OF DEV SVCS 4039 EXEC D $7,809.62
DIR OF DEV SVCS 4039 EXEC E $7,935.89
DIR OF ECON DEV 2,734 EXEC A $6,528.01
DIR OF ECON DEV 2734 EXEC B $0.00,
DIR OF ECON DEV 2,734 EXEC C $0.00
DIR OF ECON DEV 2734 EXEC D $0.00,
DIR OF ECON DEV 2,734 EXEC E $7,935.89
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
DIR OF ENG/CE 6006 EXEC A $6,528.00
DIR OF ENG/CE 6006 EXEC B $0.00
DIR OF ENG/CE 6006 EXEC C $0..00,
DIR OF ENG/CE 600 6 EXEC D $0.00
DIR OF ENG/CE 6006 EXEC E $7,934.82.
DIR OF FINANCE 3601 EXEC A $6,575.01
DIR OF FINANCE 3601"1 EXEC B $0..00,
DIR OF FINANCE 3601 EXEC C $7,366.74
DIR OF FINANCE 3601 EXEC D $0..00,
DIR OF FINANCE 3601 EXEC E $7,934.82
DIR OF HR/RM 3300 EXEC A $6,528.00
DIR OF HR/RM 3300 EXEC B $0.00
DIR OF HR/RM 3300 EXEC C $0.00,
DIR OF HR/RM 3300 EXEC D $0.00
DIR OF HR/RM 3300 EXEC E $7,934.82
DIR OF ITS 3001 EXEC A $6,060.41
DIR OF ITS 3001 EXEC B $0.00,
DIR OF ITS 3001 EXEC C $6,681.59
DIR OF ITS 3001 EXEC D $0.00,
DIR OF ITS 3001 EXEC E $7,366.71
DIR OF PW 6320 EXEC A $6,528.00
DIR OF PW 6320 EXEC B $0.00
DIR OF PW 6320 EXEC C $0.00,
DIR OF PW 6320 EXEC D $0.00,
DIR OF PW 6320 EXEC E $7,934.82
ECON IDEV SPC 1 2747 ACE A $2,306.94
ECON DEV SPC 1 2747 ACE B $2,422.29
ECON IDEV SPC 1 2747 ACE C $2,543.40
ECON DEV SPC 1 2747 ACE D $2,670.57
ECON IDEV SPC 1 2747 ACE E $2,804.10
ECON DEV SPC 11 2749 ACE A $2,768.33
ECON IDEV SPC 11 2749 ACE B $21906.75
ECON DEV SPC 11 2749 ACE C $3,052.08
ECON IDEV SPC 11 2749 ACE D $3,204.70
ECON DEV SPC 11 2,749 ACE E $3,364.93
ELEC TECH 6475 ACE A $2,456.28
ELEC TECH 6475 ACE B $2,579.09
ELEC TECH 6475 ACE C $2,708.05
ELEC TECH 6475 ACE D $2,843.44
ELEC TECH 6475 ACE E $2,985.62
ELEC TECH SUPS' 6472 ACE A $21824.72
ELEC TECH SUPS" 6472 ACE B $2,965.96
EL,EC TECH SUPS' 6472 ACE C $3,114.25
ELEC TECH SUPS" 6472 ACE D $3,269.97
EL,EC TECH SUPS' 6472 ACE E $3,433.45
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d600gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ELEC/EQUIP INST 6492 ACE A $2,029.94
ELEC/EQUIP IT 6492 ACE B $2,131.43
ELEC/EQUIP INST 6492 ACE C $2,238.00
ELEC/EQUIP INS T 6492 ACE D $2,349.91
ELEC/EQUIP INST 6492 ACE E $2,4+57.40
ELECTRICIAN 6438 ACE A $2,232.92
ELECTRICIAN 6438 ACE B $2,344.57
ELECTRICIAN 6438 ACE C $2,461.81
ELECTRICIAN 6438 ACE D $2,584.90
ELECTRICIAN 6438 ACE E $2,714.13
EMRG SVCS COORD 5564 PROF A $3,175.41
EMRG SVCS COORD 5564 PROF B $3,334.19
EMRG SVCS COORD 5564 PROF C $3,500.89
EMRG SVCS COORD 5564 PROF D $3,675.94
EMRG SVCS COORD 5564 PROF E $3,859.74
EMS EDUCATOR 5557 PROF A $31347.11
EMS EDUCATOR 5557PROF B $3,514.46
EMS EDUCATOR 5557 PROF C $3,690.19
EMS EDUCATOR 5557" PROF D $3,874.70
EMS EDUCATOR 5557 PROF E $4,068.43
EMS INV SPEC 5559 ACE A $2,087.99
EMS INV SPEC 5559 ACE B $2,192.39
EMS INV SPEC 5559 ACE C $2,302.00
EMS IINV SPEC 5559 ACE D $2,417.09
EMS INV SPEC 5559 ACE E $2,537.96
EMT(NON-SFTY) 5657' IAFF A $1,039.90
EMT(NON-SFTY) 5657 IAFF B $1,091.89
EMT(NON-SFTY) 5657' IAFF C $1,146.49
EMT(NON-SFTY) 5657 IAFF D $1,203.81
EMT(NON-SFTY) 5657' IAFF E $1,264.00
ENIG TECH 1 6081 ACE A $2,119.15
ENG TECH 1 6081 ACE B $2,225.10
ENIG TECH 1 6081 ACE C $2,336.35
ENG TECH 1 6081 ACE D $2,453.17
ENG TECH 1 6081 ACE E $2,575.84
ENG TECH 11 6071 ACE A $2,331.06
ENG TECH 11 6071 ACE B $2,447.61
ENG TECH 11 6071 ACE C $2,569.99
ENG TECH 11 6071 ACE D $2,698.49
ENG TECH 11 6071 ACE E $2,833.42
ENV SUS T MGR 6207 MM A $3,992.38
ENV SU�ST MGR 6207 MM B $4,192.00
ENV SUS T MGR 6207 MM C $4,401.60
ENV SU�ST MGR 6207 MM D $4,621.68
ENV SUS T MGR 6207 MM E $4,852.76
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A Vra#g1Mngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
ENV SVCS MGR 6205 MM A $3,992.38
ENV SVCS MGR 6205 MM B $4,192.00
ENV SVCS MGR 6205 MM C $4,401.60
ENV SVCS MGR 6205 MM D $4,621.68
ENV SVCS MGR 6205 MM E $4,,852.76
EQUIP MAI NT MGR 6505 MM A $3,145.11
EQUIP MAI NT MGR 6505 MM B $3,302.37
EQUIP MAI NT MGR 6505 MM C $31467.49
EQUIP MAINT MGR 6505 MM D $3,640.86
EQUIP MAI NT MGR 6505 MM E $3,822.90
EQUIP MECH 6542 ACE A $2,107.11
EQUIP MI CH 6542 ACE B $2,212.45
EQUIP MECH 6542 ACE C $2,323.07
EQUIP MI CH 6542 ACE D $2,439.24
EQUIP MECH 6542 ACE E $2,561.19
EQUIP OPERATOR 6361 ACE A $2,242.61
EQUIP OPERATOR 6361 ACE B $2,354.74
EQUIP OPERATOR 6361 ACE C $2,472.48
EQUIP OPERATOR 6361 ACE D $2,596.10
EQUIP OPERATOR 6361 ACE E $2,725.90
EXEC SECRETARY 0187 CONF A $2,553.67
EXEC SECRETARY 0187 CONT B $2,681.35
EXEC SECRETARY 0187 CONF C $2,815.41
EXEC SECRETARY 0187CONF D $2,956.18
EXEC SECRETARY 0187 CONF E $3,103.99
FA ACCTG TECH 5270 CONF A $2,160.38
FA ACCTG TECH 5270 CONF B $2,268.39
FA ACCTG TECH 5270 CONF C $2,381.81
FA ACCTG TECH 5270 CONF D $2,500.90
FA ACCTG TECH 5270 CONF E $2,625.95
FA ADM ANILYT 1 5297 CONF A $2,372.86
FA ADM ANLYT 1 5297' CONF B $2,491.52
FA ADM ANLYT 1 5297 CONF C $2,616.08
FA ADM ANLYT 1 5297 CONT D $2,746.88
FA ADM ANLYT 1 5297 CNF E $2,884.22
FA ADM ANLYT 11 5296 CONT A $2,610.15
FA ADM ANLYT 11 5296 CNF B $2,740-65
FA ADM ANLYT 11 5296 CONT C $2,877.69
FA ADM ANLYT 11 5296 CNF D $3,021-59
FA ADM ANLYT 11 5296 CONT E $3,172.65
FA ANALYST 5277 CNF A $1,813.26
FA ANALYST 5277 CONE B $1,903.92
FA ANALYST 5277 CNF C $1,999.13
FA ANALYST 5277 CONE D $2,099.08
FA ANALYST 5277 CNF E $2,204.04
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FA CYBERR SEC PM 5455 MMUC A $3,543.96
FA CYBER SEC PM 5455 MMUC B $3,721.15
FA CY13M SEC PM 5455 MMUC C $31907.21
FA CYBER SEC PM 5455 MMUC D $4,102.57
FA CY13M SEC PM 5455 MMUC E $41307.70
FA DEP DIR LECC 5465 Sm A $3,904.26
FA DEP DIR LECC 5465 Sm B $4,099.48
FA DEP DIR LECC 5465 Sm C $4,304.45
FA DEP DIR LECC 5465 Sm D $4,519.67
FA DEP DIR LECC 5465 Sm E $4,745.67
FA DEP EXEC DIR 5463 Sm A $4,326.88
(Effective 11112020)
FA DEP EXEC DIR 5463 Sm B $0.00,
FA DEP EXEC DIR 5463 Sm C $0.00
FA DEP EXEC DIR 5463 Sm D $0.00,
FA DEP EXEC DIR 5463 Sm E $5,259.35
(Effective 11112020)
FA IR OF LECC 5274 Sm A $5,089.68
(Effective 11112020)
FA DIR OF LECC 5274 Sm B $0.00
FA DIR OF LECC 5274 Sm C $0.00,
FA DIR OF LECC 5274 Sm D $0.00
FA DIR OF LECC 5274 Sm E $6,186.54
(Effective 11112020)
FA EXEC ASST 5286 CONF A $2,323.12
FA EXEC ASST 5286 CONF B $2,439.28
FA EXEC ASST 5286 CONF C $2,561.25
FA EXEC ASST 5286 CONF D $2,689.30
FA EXEC ASST 5286 CONF E $2,823.78
FA EXEC DIR 5461 EXEC A $4,911.65
FA EXEC DIR 5461 EXEC B $0.00,
FA EXEC DIR 5461 EXEC C $0.00,
FA EXEC DIR 5461 EXEC D $0.00,
FA EXEC DIR 5461 EXEC E $5,970.14
FA FIN MGR 5493 MMUC A $31893.74
FA FIN MGR 5493 MMUC B $4,088.43
FA FIN MGR 5493 MMUC C $4,292.85
FA FIN MGR 5493 MMUC D $4,507.49
FA FIN MGR 5493 MMUC E $4,732.87
FA GD/WEBMASTER 5289 CONF A $2,454.54
FA GD/WE,BMIASTE,R 5289 CONF B $2,577.27
FA GD/WEBMASTER 5289 CONF C $2,706.14
FA GD/WEBMASTER 5289 CONF D $2,841.44"
FA GD/WEBMASTER 5289 CONF E $2,983.52
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Wngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FA GS I NTL ANIYT 5439 PRUC A $3,379.47
FA GS INTL ANYT 5439 PRUC B $3,548.44
FA GS I NTL ANIYT 5439 PRUC C $3,725.86
FA GS INTL ANYT 5439 PRUC D $3,912.15
FA GS I NTL ANIYT 5439 PRUC E $41107.76
FA INTEL AN LYT 5485 CONIF A $2,454.54
FA INTEL ANILYT 5485 CONIF B $2,,577.27
FA INTEL AN LYT 5485 CONIF C $2,706.14
FA INTEL ANILYT 5485 CONIF D $2,841.44
FA INTEL AN LYT 5485 CONIF E $2,983.52
FA IVLECC EXIDIR 5491 Sm A $4,246.17
FA IVLECC EXIDIR 5491 Sm B $4,458.46
FA IVLECC EXIDIR 5491 Sm C $4,681.38
FA IVLECC EXIDIR 5491 Sm D $4,915.44
FA IVLECC EXIDIR 5491 Sm E $5,161.22
FA LECC IT MGR 5440 MMUC A $3,604.76
FA LECC IT MICR 5440 MMUC B $3,785.00
FA LECC IT MGR 5440 MMUC C $3,974.25
FA LECC IT MICR 5440 MMUC D $4,172.96
FA LECC IT MGR 5440 MMUC E $4,381.61
FA MICROCMP SPEC 5443 PRUC A $2,930.90
FA MCROCMP SPEC 5443 PRUC B $31077.44
FA MICROCMP SPEC 5443 PRUC C $3,231.31
FA MCROCMP SPEC 5443 PRUC D $3,392.88
FA MICROCMP SPEC 5443 PRUC E $3,562.52
FA MGMT ASST 5278 C6NF A $2,212.50
FA MIC MT ASST 5278 CONE B $2,323.12
FA MGMT ASST 5278 C6NF C $2,439.29
FA MIC MT ASST 5278 CONE D $2,561.26
FA MGMT ASST 5278 C6NF E $2,689.31
FA NTWK ADM N 1 5292 PRUC A $2,949.61
FA NTWK ADM N 1 5292 PRUC B $3,097.09
FA NTWK ADM N 1 5292 PRUC C $3,251.94
FA NTWK ADM N 1 5292 PRUC D $3,414.54
FA NTWK ADM N 1 5292 PRUC E $3,585.27
FA NTWK ADM N 11 5294 PRUC A $3,244.58
FA NTWK ADM N 11 5294 PRUC B $3,406.81
FA NTWK ADM N 11 5294 PRUC C $3,577.15
FA NTWK ADM N 11 5294 PRUC D $3,756-01
FA NTWK ADM N 11 5294 PRUC E $3,943.81
FA NTWK ADM N I11 5457 PRUC A $3,417.38
FA NTWK ADM N I 11 5457 PRUC B $3,588.25
FA NTWK ADM N I11 5457 PRUC C $3,767.66
FA NTWK ADM N I 11 5457 PRUC D $3,956.05
FA NTWK ADIVIN 111 5457 PRUC E $4,153.85
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d60*gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FA PGM ANALYST 5444 PRUC A $3,496.65
FA PGM ANALYST 5444 PRUC B $3,671.48
FA PGM ANALYST 5444 PRUC C $3,855.06
FA PGM ANALYST 5444 PRUC D $41047.81
FA PGM ANALYST 5444 PRUC E $4,250.20
FA PGM ASST 5451 CONF A $11767.38
FA PGM ASST 5451 CONF B $1,,855.74
FA PGM ASST 5451 CONF C $1,948.54
FA PGM ASST 5451 CON D $2,045.97
FA PGM ASST 5451 CONF E $2,148.26
FA PCOM ASST SUP 5452 PRUC A $2,543.13
FA PGM ASST SUP 5452 PRUC B $2,670.29
FA PCOM ASST SUP 5452 PRUC C $2,803.80
FA PGM ASST SUP 5452 PRUC D $2,943.99
FA PCOM ASST SUP 5452 PRUC E $3,091.19
FA PGM MIGR 5445 Sm A $3,904.26
FA PGM MIGR 5445 Sm B $4,104.80
FA PGM MICR 5445 Sm C $4,304.45
FA PGM MICR 5445 Sm D $4,519.67
FA PGM MICR 5445 Sm E $4,745.67
FA PPPE PGM MGR 5497 MMUC A $3,666.17
FA PPPE PGM MGR 5497 mmuc B $3,849.48
FA PPPE PGM MGR 5497 MMUC C $4,041.96
FA PPPE PGM MGR 5497MMUC D $4,244.05
FA PPPE PGM MGR 5497 MMUC E $4,456.26
FA RCFL NWK ENG 5284 CONF A $2,848.43
FA RCFL NWK ENG 5284 CONF B $2,990.84
FA RCFL NWK ENG 5284 CONF C $3,140.40
FA RCFL NWK ENG 5284 CONF D $3,297.41
FA RCFL NWK ENG 5284 CONF E $3,462.28
FA SPS`INT AN LT 5481 PRUC A $3,174.20
FA S,PV I NT ANL 5481 PRUC B $3,332.91
FA SPS`INT AN LT 5481 PRUC C $3,499.56
FA SP1 I NT AN LT 5481 PRUC D $3,674.54
FA SPS' INT AN LT 5481 PRUC E $3,858.27
FA SR FIN ANILYT 5495 PRUC A $2,740.13
FA SR FIN ANLYT 5495 PRUC B $2,877.14
FA SR FIN ANILYT 5495 PRUC C $3,020.99
FA SR FIN ANLYT 5495 PRUC D $3,172.04
FA SR FIN ANILYT 5495 PRUC E $3,330.64
FA SR INTL AN LT 5483 PRUC A $2,885-64
FA SR INTL AN LT 5483 PRUC B $3,029.92
FA SR INTL AN LT 5483 PRUC C $3,181.42
FA SR INTL AN LT 5483 PRUC D $3,340.49
FA SR INTL AN LT 5483 PRUC E $3,507-51
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6ftfngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FA SR PGM ASST 5454 CONF A $2,102.73
FA SR PGM ASST 5454 CONF B $21207.86
FA SR PGM ASST 5454 CONF C $2,318.26
FA SR PGM ASST 5454 CONF D $2,434.18
FA SR PGM ASST 5454 CONF E $2,,555.89
FA SR SECRETARY 5477 CNF A $1,818.13
FA SR SECRETARY 5477 CONF B $1,909.03
FA SR SECRETARY 5477 CNF C $2,004.48
FA SR SECRETARY 5477 CONF D $2,104.71
FA SR SECRETARY 5477 CONF E $2,209.94
FAC&SUPP SPEC 5646 UCHR A $1,815.64
FAC&SUPP SPEC 5646 UCHR B $1,906.43
FAC&SUPP SPEC 5646 UCHR C $2,001.75
FAC&SUPP SPEC 5646 UCHR D $2,101.82
FAC&SUPP SPEC 5646 UCHR E $2,206.91
FAC&SUPP SPEC 5648 ACE A $1,815.64
FAC&SUPP SPEC 5648 ACE B $1,906.43
FAC&SUPP SPEC 5648 ACE C $2,001.75
FAC&SUPP SPEC 5648 ACE D $2,101.82
FAC&SUPP SPEC 5648 ACE E $2,206.91
FAC FINANCE MGR 4051 Sm A $3,785.84
FAC FINANCE MGR 4051 Sm B $0.00
FAC FINANCE MGR 4051 Sm C $0.00,
FAC FINANCE MGR 4051 Sm D $0.00,
FAC FINANCE MGR 4051 Sm E $4,601.7,2
FACILITIES IVIGR 6425 MM A $3,582.24
FACILITIES MGR 6425 MM B $3,761.35
FACILITIES IVIGR 6425 MM C $3,949.42
FACILITIES MGR 6425 MM D $4,146.89
FACILITIES IVIGR 6425 MM E $4,354.23
FIELD MAIN SPEC 7471 ACE A $1,650.59
FIELD MAIN SPEC 7471 ACE B $1,733.12
FIELD MAIN SPEC 7471 ACE C $1,819.78
FIELD MAIN SPEC 7471 ACE D $1,910.77
FIELD MAIN SPEC 7471 ACE E $2,006.30
FINANCE IMANAGER 3623 Sm A $4,307.54
FINANCE MANAGER 362,3 Sm B $0.00,
FINANCE IMAIAGIER 3623 Sm C $0.00,
FINANCE MANAGER 362,3 Sm D $0.00,
FINANCE IMAIAGIER 3623 Sm E $5,235.84
FIRE APP MECH 6521 ACE A $2,527.20
FIRE APP MECH 6521 ACE B $2,653.57
FIRE APP MECH 6521 ACE C $2,786.24
FIRE APP MECH 6521 ACE D $2,925.56
FIRE APP MECH 6521 ACE E $3,071.83
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6ft�gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FIRE 13C-X4 5511 IAFF A $4,229.36
FIRE BC-A 5511 IAFF B $4,440.83
FIRE 13C-A 5511 IAFF C $4,662.87
FIRE BC-A 5511 IAFF D $4,896.01
FIRE 13C-A 5511 IAFF E $5,140.81
FIRE BC-C 5513 IAFF A $4,229.36
FIRE BC-C, 5513 IAFF B $4,440.83
FIRE BC-C 5513 IAFF C $4,662.87
FIRE BC-C, 5513 IAFF D $4,896.01
FIRE BC-C 5513 IAFF E $5,140.81
FIRE CANT-A 5583 IAFF A $3,394.98
FIRE CAPT-A 5583 IAFF B $3,564.72
FIRE CAPT-A 5583 IAFF C $3,742.96
FIRE CAPT-A 5583 IAr-Cr-C
D $3,930.11
FIRE CAPT-A 5583 IAFF E $4,126.61
FIRE CAPT-13 5582 IAFF A $3,394.98
FIRE CAPT-13 5582 IAFF B $3,564.72
FIRE CAPT-13 5582 IAFF C $3,742.96
FIRE CAPT-13 5582 IAFF D $3,930.11
FIRE CAPT-13 5582 IAFF E $4,126.61
FIRE CAPT-C 5581 IAFF A $3,394.98
FIRE CAPT-C 5581 IAFF B $3,564.72
FIRE CAPT-,C 5581 IAFF C $3,742.96
FIRE CAPPT-C 5581 IAFF D $3,930.11
FIRE CAPT-,C 5581 IAFF E $4,126.61
FIRE CAPPT-[NT 5580 IAFF A $3,394.98
FIRE CAPT-,INT 5580 IAFF B $3,564.72
FIRE CAPPT-[NT 5580 IAFF C $3,742.96
FIRE CAPT-,INT 5580 IAFF D $3,°930.11
FIRE CAPPT-[NT 5580 IAFF E $4,126.61
FIRE CHIEF 5501 EXEC A $6,528.31
FIRE CHIEF 5501 EXEC B $0.00,
FIRE CHIEF 5501 EXEC C $7,738.24
FIRE CHIEF 5501 EXEC D $0.00,
FIRE CHIEF 5501 EXEC E $7,934.85
FIRE IDIV CHIEF 5507 MMUC A $4,986.57
FIRE DIV CHIEF 5507 MMUC B $5,235-90
FIRE IDIV CHIEF 5507 MMUC C $5,497.70
FIRE DIV CHIEF 5507 MMUC D $5,772-58
FIRE IDIV CHIEF 5507 MMUC E $6,061.21
FIRE ENG-A 5603 IAFF A $2,894-63
FIRE IENG-A 5603 IAFF B $3,039.36
FIRE ENG-A 5603 IAFF C $3,191.33
FIRE IENG-A 5603 IAFF D $3,350.89
FIRE ENG-A 5603 IAFF E $3,518.44
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6Whgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FIRE ENG-C 5601 IAFF A $2,894.63
FIRE ENG-C 5601 IAFF B $3,039.36
FIRE ENG-C 5601 IAFF C $3,191.33
FIRE ENG-C 5601 IAFF D $3,350.89
FIRE ENG-C 5601 IAFF E $3,518.44
FIRE ENG-INT 5602 IAFF A $2,894.63
FIRE ENG-INT 5602 IAFF B $3,039.36
FIRE ENG-INT 5602 IAFF C $3,191.33
FIRE ENG-INT 5602 IAFF D $3,350.89
FIRE ENG-INT 5602 IAFF E $3,518.44
FIRE INS/INV 1 5530 IAFF A $2,448.07
FIRE INS/INV 1 5530 IAFF B $2,570.47
FIRE INS/INV 1 5530 IAFF C $2,699.00
FIRE INS/INV 1 5530 IAFF D $2,833.95
FIRE INS/INV 1 5530 IAFF E $2,975.65
FIRE INS/INV 1 5534 UCH A $2,448.07
FIRE INS/INV 1 5534 UCHR B $2,570.47
FIRE INS/INV 1 5534 UCHR C $2,699.00
FIRE INS/INV 1 5534 UCHR D $2,833.95
FIRE INS/INV 1 5534 UCH E $2,975.65
FIRE INS/INV 11 5531 IAFF A $2,692.87
FIRE INS/INV 11 5531 IAFF B $21827.51
FIRE INS/INV 11 5531 IAFF C $2,968.89
FIRE �INS/INV 11 5531 IAFF D $3,117.33
FIRE INS/INV 11 5531 IAFF E $3,273.20
FIRE �INS/INV 11 5532 UCHR A $2,692.87
FIRE INS/INV 11 5532 UCHR B $2,827.51
FIRE �INS/INV 11 5532 UCHR C $2,968.89
FIRE INS/INV 11 5532 UCHR D $3,117.33
FIRE �INS/INV 11 5532 UCHR E $3,273.20
FIRE PRV AIDE 5533 UCHR A $1,197.78
FIRE IPRV AIDE 5533 UCHR B $1,257.66
FIRE PRV AIDE 5533 UCHR C $1,320.55
FIRE RRV AIDE 5533 UCHR D $1,386.57
FIRE PRV AIDE 5533 U�CHR E $1,455.90
FIRE RRV SPEC 5537 ACE A $1,915.32
FIRE PRV SPEC 5537 ACE B $2,011.07
FIRE RRV SPEC 5537 ACE C $2,111.62
FIRE PRV SPEC 5537 ACE D $2,217.21
FIRE RRV SPEC 5537 ACE E $2,328.07
FIRE PRV ENG/IN 552,8 IAFF A $3,247.92
FIRE RRV ENG/[N 5528 IAFF B $3,410.32
FIRE PRV ENG/IN 5528 IAFF C $3,580.83
FIRE RRV ENG/[N 5528 IAFF D $3,759.88
[tjLE PRV ENG/IN 5528 IAFF E $3,947.87
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6ft#igf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FIRE RECRUIT 5625 ACE A $1,902.54
FIRE RECRUIT 5625 ACE B $11997.67
FIREFGHTR-A 5623 IAFF A $2,4+50.12
FIREFGHTR-A. 5623 IAFF B $2,583.13
FIREFGHTR-A 5623 IAFF C $2,712.28
FIREFGHTR-A. 5623 IAFF D $21847.90
FIREFGHTR-A 5623 IAFF E $2,990.29
FIREFGHTR-C 5621 IAFF A $2,460.12
FIREFGHTR-C 5621 IAFF B $2,583.13
FIREFGHTR-C 5621 IAFF C $2,712.28
FIREFGHTR-C 5621 IAFF D $2,847.90
FIREFGHTR-C 5621 IAFF E $2,990.29
FIREFGHTRPM-A 5613 IAFF A $2,829.14
FIREFGHTRPM-A 5613 IAFF B $2,970.60
FIREFGHTRPM-A 5613 IAFF C $3,119.13
FIREFGHTRPM-A 5613 IAFF D $3,275.08
FIREFGHTRPM-A 5613 IAFF E $3,438.84
FIREFGHTRPM-13 5612 IAFF A $2,829.14
FIREFGHTRPM-13 5613 IAFF B $2,970.60
FIREFGHTRPM-13 5613 IAFF C $3,119.13
FIREFGHTRPM-13 5613 IAFF D $3,275.08
FIREFGHTRPM-13 5613 IAFF E $3,438.84
FIREFGHTRPM-C 5611 IAFF A $2,829.14
FIREFGHTRIDIVI-C 5611 IAFF B $2,970.60
FIREFGHTRPM-C 5611 IAFF C $3,11"9.13
FIREFGHTRIDIVI-C 5611 IAFF D $3,275.08
FIREFGHTRPM-C 5611 IAFF E $3,438.84
FISC DBT MGT AN 3627MMCF A $3,611.11
FISC DBT MGT AN 3627 MMCF B $3,791.66
FISC DBT MGT AN 3627' MMCF C $3,981.25
FISC DBT MGT AN 3627 MMCF D $4,180.31
FISC DBT MGT AN 3627' MMCF E $4,389.32
FISC OFF SPEC 0169 ACE A $1,577.72
FISC OFF SPEC 0169 ACE B $1,656.61
FISC OFF SPEC 0169 ACE C $1,739.44
FISC OFF SPEC 0169 ACE D $1,826.40
FISC OFF SPEC 0169 ACE E $11917.72
FISC OFF SPEC 0170 UCHR A $1,577.72
FISC OFF SPEC 0170 U�CHR B $1,656.61
FISC OFF SPEC 0170 UCHR C $1,739.44
FISC OFF SPEC 0170 U�CHR D $1,826.40
FISC OFF SPEC 0170 UCHR E $1,917.72
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6ft%hgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
FISC&MGT ANLYT 6216 PROF A $3,611.11
Cr-
FISC&MGT ANLYT 6216 PRCF B $3,791.66
FISC&MGT ANLYT 6216 PRCF C $3,981.25
FISC&MGT ANLYT 6216 PRCF D $4,180.31
FISC&MGT ANLYT 6216 PRCF E $4,389.32
FLT INV CTRL SP 6513 ACE A $21087.99
FLT INV CTRL SP 6513 ACE B $2,192.39
FLT INV CTRL SP 6513 ACE C $2,302.00
FLT INV CTRL SP 6513 ACE D $21417.09
FLT INV CTRL SP 6513 ACE E $21537.96
FLT MANAGER 6501 MM A $3,493.88
FLT MANAGER 6501 MM B $3,668.57
FLT MANAGER 6501 MM C $3,852.00
FLT MANAGER 6501 MM D $4,044.60
FLT MANAGER 6501 MM E $4,246.83
FORENSICS SPEC 5114 ACE A $2,502.02
FORENSICS SPEC 5114 ACE B $2,627.12
FORENSICS SPEC 5114 ACE C $2,758.50
FORENSICS SPEC 5114 ACE D $2,896.41
FORENSICS SPEC 5114 ACE E $3,041.23
GARDENER (SEAS) 6629 UCHR A $1,455.41
GARDENER (SEAS) 6629 UCHR B $1,528.18
GARDENER (SEAS) 6629 UCHR C $1,604.59
GARDENER (SEAS) 6629 UCHR D $1,684.82
GARDENER (SEAS) 6629 UCHR E $1,769.06
GARDENER 1 6627ACE A $1,544.49
GARDENER 6627 ACE B $1,621.71
GARDENER 1 6627' ACE C $1,702.80
GARDENER 6627 ACE D $1,787.95
GARDENER 1 6627' ACE E $1,877.34
GARDENER II 6623 ACE A $1,698.95
GARDENER 11 6623 ACE B $1,783.89
GARDENER II 6623 ACE C $1,873.10
GARDENER 11 6623 ACE D $1,966.75
GARDENER II 662,3 ACE E $2,065-09
GIS MANAGER 3079 MM A $3,581.50
GIS MANAGER 3079 MM B $3,760-58
GIS MANAGER 3079 MM C $3,948.61
GIS MANAGER 3079 MM D $4,146.04
GIS MANAGER 3079 MM E $4,353.34
GIS SPECIALIST 3081 ACE A $2,519-61
GIS SPECIALIST 3081 ACE B $2,645.58
GIS SPECIALIST 3081 ACE C $2,777.87
GIS SPECIALIST 3081 ACE D $2,916.75
IGIS SPECIALIST 3081 ACE E $3,062-59
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65j0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
GRAPHIC DESGNR 2775 ACE A $2,232.04
GRAPHIC DESGNR 2775 ACE B $2,343.63
GRAPHIC DESGNR 2775 ACE C $2,460.82.
GRAPHIC DESGNR 2775 ACE D $2,583.86
GRAPHIC DESGNR 2775 ACE E $2,713.04
GYMNASTIC SPEC 7543 UCHR A $1,208.09
GYMNASTIC SPEC 7543 UCHR B $1,268.50
GYMNASTIC SPEC 7543 UCHR C $1,331.92
GYMNASTIC SPEC 7543 UCHR D $1,398.52.
GYMNASTIC SPEC 7543 UCHR E $1,468.44
HOUSING MANAGER 4093 Sm A $4,366.54
HOUSING MANAGER 4093 Sm B $0.00
HOUSING MANAGER 4093 Sm C $0.00,
HOUSING MANAGER 4093 Sm D $0.00
HOUSING MANAGER 4093 Sm E $5,266.02
HR ANALYST 3310 PRCF A $21787.37
HR ANALYST 3310 PRCF B $2,926.74
HR ANALYST 3310 PRCF C $3,073.08
HR ANALYST 3310 PRCF D $3,226.73
HR ANALYST 3310 PRCF E $3,388.07
HR OPS MGR 3317Sm A $4,496.99
HR OPS MGR 3317 Sm B $0.00
HR OPS MGR 3317 Sm C $0.00,
HR OPS MGR 3317' Sm D $0.00,
HR OPS MGR 3317 Sm E $5,465.90
NIR TECH N I CIAN 3314 UCHR A $2,004.95
HR TECHNICIAN 3314 UCHR B $2,105.20
NIR TECH N I CIAN 3314 UCHR C $2,210.44
HR TECHNICIAN 3314 UCHR D $2,320.97
NIR TECH N I CIAN 3314 UCHR E $2,437.02
HR TECHNICIAN 3315 COW A $2,004.95
HIR TECH N I CIAN 3315 COW B $2,105.20
HR TECHNICIAN 3315 COW C $2,210.44
HIR TECH N I CIAN 3315 CONT D $2,320.97
HR.TECHNICIAN 3315 COW E $2,437.02
HVAC TECHNICIAN 6430 ACE A $2,232.92
HVAC TECHNICIAN 6430 ACE B $2,344-57
HVAC TECHNICIAN 6430 ACE C $2,461.81
HVAC TECHNICIAN 6430 ACE D $2,584.90
HVAC TECHNICIAN 6430 ACE E $2,714.13
INTERN, GRAD 0269 UCHR A $1,066.42
INTERN, GRAD 0269 UCHR B $1,119.74
INTERN, GRAD 0269 UCHR, C $11175.73
INTERN, GRAD 0269 UCHR D $1,234.51
INTERN, GRAD 0269 UCHR, E $1,296.24
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A Vra#g/65jdngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
INTERN., UNDRGRD 6267 UCHR A $0.00
INTERN, UNDRGRD 0267 UCHR B $0.00
INTERN., UNDRGRD 6267 UCHR C $1,068.84
INTERN, UNDRGRD 0267 UCHR D $1,122.29
INTERN., UNDRGRD 6267 UCHR E $1,178.40
IT MGR 5 104 Sm A $4,322.28
IT MGR 5 104 Sm B $0.00,
IT MGR 5 104 Sm C $0.00
IT MGR 5 104 Sm D $0.00,
IT MGR 5 104 Sm E $5,186.94
IT SUPP SPEC (T) 3014 PROF A $2,930.90
IT SUPP SPEC (T) 3014 PROF B $31077.44
IT SUPP SPEC (T) 3014 PROF C $3,231.31
IT SUPP SPEC (T) 3014 PROF D $3,392.88
IT SUPP SPEC (T) 3014 PROF E $3,562.52
IT TECHNICIAN 3017 ACE A $21077.22
IT TECHNICIAN 3017ACE B $2,181.09
IT TECHNICIAN 3017 ACE C $2,290.13
IT TECHNICIAN 3017' ACE D $2,404.65
IT TECHNICIAN 3017 ACE E $2,524.89
LATENT PRT EXAM 5111 ACE A $2,877.34
LATENT PRT EXAM 5111 ACE B $3,021.21
LATENT PRT EXAM 5111 ACE C $3,172.26
LATENT PRT EXAM 5111 ACE D $3,330.88
LATENT PRT EXAM 5111 ACE E $3,497.41
LATENT PRT EXAM 5112 UCHR A $2,877.34
LATENT PRT EXAM 5112 UCHR B $3,021.21
LATENT PRT EXAM 5112 UCHR C $3,172.26
LATENT PRT EXAM 5112 UCHR D $3,330.88
LATENT PRT EXAM 5112 UCHR E $3,497.41
LAW OFFICE MGR 2465 MMUC A $2,936.57
LAW OFFICE MGR 2465 MMUC B $3,083.40
LAW OFFICE MGR 2465 MMUC C $3,237.57
LAW OFFICE MGR 2465 MMUC D $3,399.45
LAW OFFICE MGR 2,465 MMUC E $3,569.42
LEAD CUSTODIAN 6663 ACE A $1,698.95
LEAD CUSTODIAN 6663 ACE B $1,783.89
LEAD CUSTODIAN 6663 ACE C $1,873.10
LEAD CUSTODIAN 6663 ACE D $11966.75
LEAD CUSTODIAN 6663 ACE E $2,065.09
LEGAL ASSISTANT 0183 CONF A $2,131.37
LEGAL ASSISTANT 0183 CONF B $2,237.94
LEGAL ASSISTANT 0183 CONF C $2,349.84
LEGAL ASSISTANT 0183 CONF D $2,467.32
LEGAL ASSISTANT 0183 CONF E $2,590.69
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65j0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
LIBRARIAN 1 7075 ACE A $2,046.39
LIBRARIAN 1 7075 ACE B $2,148.72
LIBRARIAN 1 7075 ACE C $2,256.14
LIBRARIAN 1 7075 ACE D $2,368.95
LIBRARIAN 1 7075 ACE E $21487.40
LIBRARIAN 1 7076 UCHR A $2,046.39
LIBRARIAN 1 7076 UCHR B $2,148.72.
LIBRARIAN 1 7076 UCHR C $2,256.14
LIBRARIAN 1 7076 UCHFN D $2,368.95
LIBRARIAN 1 7076 UCHR E $21487.40
LI BRARIANI 11 7073 ACE A $2,251.01
LII BRARIIAINI 11 7073 ACE B $2,363.56
LIBRARIANI 11 7073 ACE C $2,481.74
LII BRARIIAINI 11 7073 ACE D $2,605.82
LI BRARIANI 11 7073 ACE E $2,736.13
LIIBRARIIAINI 11 7074 UCHR A $2,251.01
LIBRARIANI 11 7074 UCHR B $2,363.56
LIIBRARIIAINI 11 7074 UCHR C $2,481.74
LIBRARIANI 11 7074 UCHR D $2,605.82
LIIBRARIIAINI 11 7074 UCHR E $2,736.13
LIBRARIANI 111 7071 ACE A $2,476.13
LII BRARIIAINI 111 7071 ACE B $2,599.95
LIBRARIAN 111 7071 ACE C $2,729.94
LIBRARIAN 111 7071 ACE D $2,866.42
LIBRARIAN 111 7071 ACE E $8,00"9.75
LIBRARY AIDE 7181 UCHR A $0.00,
LIBRARY AIDE 7181 UCHR B $0.00,
LIBRARY AIDE 7181 UCHR C $0.00,
LIBRARY AIDE 7181 UCHR D $0.00,
LIBRARY AIDE 7181 UCHR E $1,040.00
LIBRARY ASSOC 7091 ACE A $1,839.75
LIBRARY ASSOC 7091 ACE B $11931.74
LI B RARY ASSOC 7091 ACE C $2,028.33
Ll B RARY ASSOC 7091 ACE D $2,129.75
LIBRARY ASSOC 7091 ACE E $2,236.24
Ll B RARY ASSOC 7092 UCHR A $1,839.75
LIBRARY ASSOC 7092 U�CHR B $11931.74
Ll B RARY ASSOC 7092 UCHR C $2,028.33
LIBRARY ASSOC 7092 U�CHR D $21129.75
Ll B RARY ASSOC 7092 UCHR E $2,236.24
LIBRARY ASST 7157 ACE A $1,455-62
Ll B RARY ASST 7157 ACE B $1,528.42
LI B RARY ASST 7157 ACE C $1,604.83
Ll B RARY ASST 7157 ACE D $1,685.07
LI B RARY ASST 7157 ACE E $1,769.33
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
LIBRARY DS MGR 7025 mm A $3,471.90
LIBRARY DS MGR 7025 mm B $3,645.49
LIBRARY DS MGR 7025 mm C $3,,827'.77
LIBRARY DS MGR 7025 mm D $4,019.16
LIBRARY DS MGR 7025 mm E $4,220.11
LIBRARY OPS MGR 7029 mm A $3,994.48
LIBRARY OPS MGR 7029 mm B $4,194.20
LIBRARY OPS MGR 7029 mm C $4,403.92
LIBRARY OPS MGR 7029 mm D $4,624.11
LIBRARY OPS MGR 7029 MM E $4,855.32
LIBRARY TECH 7121 ACE A $1,673.98
LIBRARY TECH 7121 ACE B $11757.68
LIBRARY TECH 7121 ACE C $1,845.57
LIBRARY TECH 7121 ACE D $11937.84
LIBRARY TECH 7121 ACE E $2,034.73
LIFEGUARD 1 7587 UCHR A $1,105.96
LIFEGUARD 1 7587UCHR B $1,161.26
LIFEGUARD 1 7587 UCHR C $1,219.33
LIFEGUARD 1 7587' UCHR D $1,280.29
LIFEGUARD 1 7587 UCHR E $1,344.31
LIFEGUARD 11 7585 UCHR A $1,216.59
LIFEGUARD 11 7585 UCHR B $11277.42
LIFEGUARD 11 7585 UCHR C $1,341.29
LIFEGUARD 11 7585 UCHR D $1,408.36
LIFEGUARD 11 7585 UCHR E $1,478.77
I-NDSCIDE ARCH 4480 PROF A $3,193.61
LNDSCPE ARCH 4480 PROF B $3,353.29
LNDSCPE ARCH 4480 PROF C $3,520.95
LNDSCPE ARCH 4480 PROF D $3,697.00
LNDSCPE ARCH 4480 PROF E $3,881.85
I-NDSCPE INSP 6291 ACE A $2,437.04
LNDSCPE INSP 6291 ACE B $2,558.87
LNDSCPE INSP 6291 ACE C $2,686.83
LNDSCPE INSP 6291 ACE D $2,821.16
LNDSCPE INSP 6291 ACE E $2,962.22
LNDSCPE PLAN 1 4482 ACE A $2,516.67
LNDSCPE PLAN 1 4482 ACE B $2,642.49
LNDSCPE PLAN 1 4482 ACE C $2,774.62
LNDSCPE PLAN 1 4482 ACE D $2,913.34
LNDSCPE PLAN 1 4482 ACE E $3,059.01
LNDSCPE PLAN 11 4483 ACE A $2,768.33
LNDSCPE PLAN 11 4483 ACE B $2,906.75
LNDSCPE PLAN 11 4483 ACE C $3,052.08
LNDSCPE PLAN 11 4483 ACE D $3,204.70
ILNDSCPE PLAN 11 4483 ACE E $3,364.93
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65j*gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
LOCKSM ITH 6443 ACE A $2,1.26.59
LOCKS M ITH 6443 ACE B $2,232.91
LOCKSMITH 6443 ACE C $2,344.56
LOCKS M ITH 6443 ACE D $2,461.80
LOCKSM ITH 6443 ACE E $2,584.89
MAINT WORKER 1 6377 ACE A $1,544.49
MAINIT WORKER 1 6377 ACE B $1,6.21.71
MAINT WORKER 1 6377 ACE C $1,702.80
MAINIT WORKER 1 6377 ACE D $1,,787'.95
MAINT WORKER 1 6377 ACE E $11877.34
MAINIT WORKER 1 6379 UCHR A $1,544.49
MAINT WORKER 1 6379 UCHR B $1,621.71
MAINIT WORKER 1 6379 UCHR C $1,702.80
MAINT WORKER 1 6379 UCHR D $11787.95
MAINIT WORKER 1 6379 UCHR E $1,877.34
MAINT WORKER 11 6373 ACE A $1,698.95
MAINIT WORKER 11 6373 ACE B $1,783.89
MAINT WORKER 11 6373 ACE C $1,873.10
MAINIT WORKER 11 6373 ACE D $1,966.75
MAINT WORKER 11 6373 ACE E $2,065.09
MAINIT WORKER 11 6381 UCHR A $1,698.95
MAINT WORKER 11 6381 UCHR B $1,783.89
MAINIT WORKER 11 6381 UCHR C $1,873.10
MAINT WORKER 11 6381 UCHR D $11966.75
MAINIT WORKER 11 6381 UCHR E $2,065.09
MAYOR 2001 MY A $0.00,
MAYOR 2001 MY B $0.00,
MAYOR 2001 MY C $0.00,
MAYOR 2001 MY D $0.00,
MAYOR
Eff.0710112019 2001 MY E $5,447.56
MECHANIIC ASST 6550 ACE A $1,697.01
MECHANIC ASST 6550 ACE B $1,781.87
MECHANIC ASST 6550 ACE C $1,870.98
MECHANIC ASST 6550 ACE D $1,964.51
MECHANIC ASST 6550 ACE E $21062.76
MGMT ANALYST 1 0229 ACE A $2,417.77
MGMT ANALYST 1 022,9 ACE B $2,538-65
MGMT ANALYST 1 0229 ACE C $2,665.59
MGMT ANALYST 1 022,9 ACE D $2,798.87
MGMT ANALYST 1 0229 A C LE-: E $2,938.81
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
MGMT ANALYST 11 0224 CONF A $2,659.54
M GMT ANALYST 11 0224 CONF B $2,792.52
MGMT ANALYST 11 0224 CONF C $2,932.14
M GMT ANALYST 11 0224 CONF D $3,078.75
MGMT ANALYST 11 0224 CONF E $3,232.68
M GMT ANALYST 11 0227 ACE A $2,659.54
MGMT ANALYST 11 0227 ACE B $2,792.52.
M GMT ANALYST 11 0227 ACE C $2,932.14
MGMT ANALYST 11 0227 ACE D $3,,078.75
M GMT ANALYST 11 0227 ACE E $3,232.68
MIPTG & C0 M MI MGR 2781 Sm A $4,600.00
MKTG & COMMI MGR 2781 Sm B $0.00
MING & COMMI MGR 2781 Sm C $4,729.75
MKTG & COMMI MGR 2781 Sm D $0.00
MING & COMMI MGR 2781 Sm E $5,591.33
MLTIMDA PRID SPC 5569 ACE A $2,059.08
MLTIMIDA PRA SPC 5569 ACE B $2,162.03
MLTIMDA PRID SPC 5569 ACE C $2,270.14
LT MILIA PRA SPC 5569 ACE D $2,383.64
MLTIMDA PRID SPC 5569 ACE E $2,502.83
OFFICE SPEC 6160 UCHR A $1,502.56
OFFICE SPEC 0160 UCHR B $11577.69
OFFICE SPEC 0160 LACI-IR C $1,656.58
OFFICE SPEC 0.160 UCHR D $1,739.41
OFFICE SPEC 0160 UCHR E $1,826.37
OFFICE SPEC 0161 ACE A $1,502.56
OFFICE SPEC 0161 ACE B $1,577.69
OFFICE SPEC 0161 ACE C $1,656.58
OFFICE SPEC 0161 ACE D $1,739.41
OFFICE SPEC 0161 ACE E $1,826.37
OFFICE SPEC-MYR 0162 ACE A $1,502.56
OFFICE SPEC-MYR 0162 ACE B $1,577.69
OFFICE SPEC-MYR 0162 ACE C $1,656.58
OFFICE SPEC-MYR 0162 ACE D $1,739.41
OFFICE SPEC-MYR 0162 ACE E $1,826.37
OPEN SPACE INSP 6311 ACE A $2,437.04
OPEN SPACE INSP 6311 ACE B $2,558.87
OPEN SPACE INSP 6311 ACE C $2,686.83
OPEN SPACE INSP 6311 ACE D $2,821.16
OPEN SPACE INSP 6311 ACE E $2,962.22
OPEN SPACE MGR 6302 MM A $3,386-62
OPEN SPACE MGR 6302 MM B $3,555.95
OPEN SPACE MGR 6302 MM C $31733.75
OPEN SPACE MGR 6302 MM D $3,920.44
OPEN SPACE MGR 6302 MM E $4,116.46
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65j0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
OPS&TELECOM MGR 3025 MM A $3,581.49
OPS&TELECOM MGR 3025 MM B $3,760.57
OPS&TELECOM MGR 3025 MM C $3,948.60
OPS&TELECOM MGR 3025 MM D $4,146.03
OPS&TELECCDM MGR 3025 MM E $4,353.33
PAINTER 6434 ACE A $2,029.94
PAINTER 6434 ACE B $2,131.43
PAINTER 6434 ACE C $2,238.00
PAINTER 6434 ACE D $2,349.91
PAINTER 6434 ACE E $21467.40
PARALEGAL 2475 CONF A $2,287.28
PARALEGAL 2.475 CONF B $2,401.64
PARALEGAL 2475 CONF C $2,521.73
PARALEGAL 2475 CONF D $21647.81
PARALEGAL 2475 CONF E $2,780.20
PARAMEDIC(NS) 5655 IAFF A $11247.88
PARAMEDIC (NS) 5655 IAFF B $1,310.27
PARAMEDIC(NS) 5655 IAFF C $1,375.78
PARAMEDIC (NS) 5655 IAFF D $1,444.57
PARAMEDIC(NS) 5655 IAFF E $1,516.80
PARK ENF OFF HR 5152 UCHR A $1,518.67
PARK ENF OFF HR 5152 UCHR B $1,594.60
PARK ENF OFF HR 5152 UCHR C $1,674.34
PARK ENF OFF HR 5152 UCHR D $1,758.05
PARK ENF OFF HR 5152 UCHR E $1,845.96
PARK RANGER 7434 UCHR A $1,059.90
PARK RANGER 7434 UCHR B $1,112.89
PARK RANGER 7434 UCHR C $1,168.53
PARK RANGER 7434 UCHR D $1,226.96
PARK RANGER 7434 UCHR E $1,288.31
PARK RANGER SUP 7441 ACE A $2,589.54
PARK RANGER SUP 7441 ACE B $2,719.01
PARK RANGER SUP 7441 ACE C $2,854.97
PARK RANGER SUP 7441 ACE D $2,997.72
PARK RANGER SUP 7441 ACE E $3,147.60
PARK RNG PM MGR 7431 PROF A $3,193.60
PARK RNG PM MGR 7431 PROF B $3,353.28
PARK RNG PM MGR 7431 PROF C $3,520.94
PARK RNG PM MGR 7431 PROF D $3,696-99
PARK RNG PM MGR 7431 PROF E $3,881.84
PARKING ENF OFF 5154 ACE A $1,518.67
PARKING ENF OFF 5154 ACE B $1,594.60
PARKING ENF OFF 5154 ACE C $1,674.34
PARKING ENF OFF 5154 ACE D $1,758.05
PARKING ENF OFF 5154 ACE E $1,845.96
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65jqhgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PARKING MTR TEC 3693 ACE A $1,670.54
PARKING MTR TEC 3693 ACE B $1,754.07
PARKING MTR TEC 3693 ACE C $1,,841.77
PARKING MTR TEC 3693 ACE D $1,933.86
PARKING MTR TEC 3693 ACE E $2,030.54
PARKS MANAGER 6604 MM A $3,386.86
PARKS MANAGER 6604 MM B $3,556.20
PARKS MANAGER 6604 MM C $3,734.01
PARKS MANAGER 6604 MM D $3,920.71
PARKS MANAGER 6604 MM E $4,116.74
PARKS REC ADM 7407 Sm A $4,604.04
PARKS REC ADM 7407 Sm B $4,834.23
PARKS REC ADM 7407 Sm C $5,075.95
PARKS REC ADM 7407 Sm D $5,329.74
PARKS REC ADM 7407 Sm E $5,596.23
PARKS S,UPV 6605 ACE A $2,589.54
PARKSSUPV 6605 ACE B $2,719.01
PARKS S,UPV 6605 ACE C $2,854.97
PARKSSUPV 6605 ACE D $2,997.72
PARKS S,UPV 6605 ACE E $31147.60
PEACE OFFICER 5061 POA A $3,089.42
PEACE OFFICER 5061 POA B $3,243.89
PEACE OFFICER 5061 POA C $3,406.08
PEACE OFFICER 5061 POA D $3,576.38
PEACE OFFICER 5061 POA E $3,755.20
PER & OD MGR 2758 Sm A $4,388.38
PERF &OD MGR 2758 Sm B $0.0o
PER & OD MGR 2758 Sm C $0.00
PERF &OD MGR 2758 Sm D $0.0o
PER & OD MGR 2758 Sm E $5,266.02
PLAN CHK SUPV 4731 MM A $3,°911.50
PLAN CHK SUV PV 4731 MM B $4,107.07
PLAN CHK SUI PV 4731 MM C $4,312.42
PLAN CHK SUI P ' 4731 MM D $4,528.05
PLAN CHK SLS PV 4731 MM E $4,754.45
PLAN CH K.TECH 4753 ACE A $2,331.07
PLAN CH K TECH 4753 ACE B $2,447-62
PLAN CH K.TECH 4753 ACE C $2,570.00
PLAN CH K TECH 4753 ACE D $2,698-50
PLAN CH K.TECH 4753 ACE E $2,833.43
PLANNING MGR 472,7 Sm A $4,571.12
PLANNING MGR 4727 Sm B $0.00
PLANNING MGR 472,7 Sm C $0.00
PLANNING MGR 4727 Sm D $0.00
PLANNING MGR 4727 7 SM E $5,514-53
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PLANNING TECH 4527 ACE A $1,915.32.
PLANNING TECH 4527 ACE B $2,011.07
PLANNING TECH 4527 ACE C $2,111.62
PLANNING TECH 4527 ACE D $21217.21
PLANNING TECH 4527 ACE E $2,3.28.07
PLUMBER 6432 ACE A $2,232.91
PLUMBER 6432 ACE B $2,344.56
PLUMBER 6432 ACE C $2,461.80
PLUMBER 6432 ACE D $2,584.89
PLUMBER 6432 ACE E $2,714.12
POL AGENT 5051 PCIA A $3,401.94
POLAGENT 5051 PCIA B $3,572.04
POL AGENT 5051 PCIA C $3,750.64
POLAGENT 5051 PCIA D $3,938.16
POL AGENT 5051 PCIA E $4,135.07
POL AS ADM IN 5025 Sm A $4,470.69
POL AS ADMIN 5025 Sm B $0.00,
POL AS ADMAN 5025 Sm C $0.00
POL AS ADMIN 5025 Sm D $0.00,
POL AS ADMAN 5025 Sm E $5,433.96
POL CAPTAIN 5022 Sm A $5,926.83
POIL CAPTAI N 5022 Sm B $0.00
POL CAPTAIN 5022 Sm C $0.00,
PCNL CAPTAI N 5022 Sm D $0.00,
POL CAPTAIN 5022 Sm E $7,203.81
POL COM SYS MGR 5185 MM A $3,581.90
POL COM SYS MGR 5185 MM B $3,761.00
POL COM SYS MGR 5185 MM C $3,949.05
POL COM SYS MGR 5185 MM D $4,146.50
POL COM SYS MGR 5185 MM E $4,353.82
POL COMREL SPC 5258 ACE A $1,961.03
POL CCDM REL SPC 5258 ACE B $2,059.07
POL COMREL SPC 5258 ACE C $2,162.03
POL COM REL SPC 5258 ACE D $2,270.13
POL CCDM REL SPC 5258 ACE E $2,383.64
POL DISPATCH CT 5187 UCHR A $1,652.84
POL DISPATCH CT 5187 DCHR B $1,735.49
POL DISPATCH CT 5187 UCHR C $1,822.26
POL DISPATCH CT 5187 UDCHR D $1,913.38
POL DISPATCH CT 5187 UCHR E $2,009.03
POL DISPATCH SP 5183 ACE A $2,593.31
POL DISPATCH SP 5183 ACE B $2,722.99
POL,DISPATCH SP 5183 ACE C $2,859-12
POL DISPATCH SP 5183 ACE D $3,002.08
I—POL,DISPATCH SP 5183 ACE E $31152.20
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A ft,#d65j4hgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
--7
POL DISPATCH TR 5179 ACE A $2,050.06
POL DISPATCH TR 5179 ACE B $2,152.56
POL DISPATCH TR 5179 ACE C $2,260.19
POL DISPATCH TR 5179 ACE D $2,373.19
POL DISPATCH TR 5179 ACE E $2,491.85
POL DISPATCHER 5180 UCHR A $2,255.06
POL DISPATCHER 5180 UCHR B $2,3+57.81
POL DISPATCHER 5180 UCHR C $2,486.20
POL DISPATCHER 5180 UCHR D $2,610.52
POL DISPATCHER 5180 UCHR E $2,741.03
POL DISPATCHER 5181 ACE A $2,255.06
POL DISPATCHER 5181 ACE B $21367.81
POL DISPATCHER 5181 ACE C $2,486.20
POL DISPATCHER 5181 ACE D $2,610.52
POL DISPATCHER 5181 ACE E $2,741.03
POL LIEUTENANT 5031 PCIA A $4,696.26
POL LIEUTENANT 5031 PCIA B $4,931.07
POL LIEUTENANT 5031 PCIA C $51177.62
POL LIEUTENANT 5031 PCIA D $5,436.51
POL LIEUTENANT 5031 PCIA E $5,708.33
POL REC SPEC 0165 ACE A $1,502.58
POL REC SPEC 0165 ACE B $11577.72
POL,REC SPEC 0165 ACE C $1,656.61
POL REC SPEC 0.165 ACE D $1,739.44
POL,REC SPEC 0165 ACE E $1,826.40
POL REC SPEC 0166 UCHR A $1,502.58
POL,REC SPEC 0166 UCHR B $1,577.72
POL REC SPEC 0166 UCHR C $1,656.61
POL,REC SPEC 0166 UCHR D $1,739.44
POL REC SPEC 0166 UCHR E $1,826.40
POL,REC&SUP SP1 5203 ACE A $1,987.17
PCNL REC&SUPSP's 5203 ACE B $2,086.53
POL,REC&SUP SP1 5203 ACE C $2,190.86
POL REC&SUP SPV 5203 ACE D $2,300.39
POL RE,C&SUP SP 5203 ACE E $2,415.42
POL RECRUIT 5071 ACE A $2,431.51
POL RE,CRU IT 5071 ACE B $2,553.08
POL RECRUIT 5071 ACE C $0.00,
POL RE,CRU IT 5071 ACE D $0.00,
POL RECRUIT 5071 ACE E $0.00,
POL SERGEANT 5041 PCIA A $3,913.25
POLSERGEANT 5041 PCIA B $4,108.92
POL,SERGEANT 5041 PCIA C $4,314.37
POLSERGEANT 5041 PCIA D $4,530.08
I—POL,SERGEANT 5041 PCIA E $4,756-58
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
POL SCVS AIDE 5207 UCHR A $0..00
POL SCVS AIDE 520 " UCHR B $0.00
POL SCVS AIDE 5207 UCHR C $0..00
POL SCVS AIDE 520 " UCHR D $0.00
POL SCVS AIDE 5207 UCHR E $1,090.60
POL SVCS IVIGR 5205 mm A $3,466.91
POL SVCS IVIGR 5205 mm B $3,640.26
POL SVCS IVIGR 5205 mm C $3,822.27
POL SVCS IVIGR 5205 mm D $4,013.38
POL SVCS IVIGR 5205 mm E $4,214.05
POL SVCS OF SUP 5132 ACE A $2,3.24.54
POL SVCS OF SUP 5132 ACE B $2,440.76
POL SVCS OF SUP 5132 ACE C $2,562.80
POL SVCS OF SUP 5132 ACE D $2,690.94
POL SVCS OF SUP 5132 ACE E $2,8.25.49
POL SVCS OFF 5131 ACE A $2,021.35
POL SVCS OFF 5131 ACE B $2,122.41
POL SVCS OFF 5131 ACE C $2,228.53
POL SVCS OFF 5131 ACE D $2,339.95
POL SVCS OFF 5131 ACE E $2,456.95
POL SVCS TECH 5415 ACE A $1,928.43
POL SVCS TECH 5415 ACE B $2,024.85
POL SVCS TECH 5415 ACE C $2,126.11
POL SVCS TECH 5415 ACE D $2,232.40
POL SVCS TECH 5415 ACE E $2,344.03
POL TECH IVIGR 5209 mm A $3,581.50
POL TECH IVIGR 5209 mm B $3,760.58
POL TECH IVIGR 5209 mm C $3,948.61
POL TECH IVIGR 5209 mm D $4,146.04
POL TECH IVIGR 5209 mm E $4,353.34
POL TECH SPEC 5107 ACE A $3,048.72
POL TECH SPEC 5107ACE B $3,201.16
POL TECH SPEC 5107 ACE C $3,361.21
POL TECH SPEC 5107 ACE D $3,529.26
POL TECH SPEC 5107 ACE E $31705.73
POL TECH SPEC 5108 UCHR A $3,048.72
POL TECH SPEC 5108 U�CHR B $3,201.16
POL TECH SPEC 5108 UCHR C $3,361.21
POL TECH SPEC 5108 U�CHR D $3,529.26
POL TECH SPEC 5108 UCHR E $3,705.73
POLICY AIDE, 2013 PRUC A $2,347.86
POLICY AIDE 2013 PRUC B $2,465.25
POLICY AIDE 2013 PRUC C $2,588-52
POLICY AIDE 2013 PRUC D $2,717.94
I—FOLIC' AIDE 2013 1 PRUC I E $2,853.84
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A Vra#g1Mngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PRCRIVINT SW AN L 3717 mm A $3,226.95
PRCRMNTSR's ANL 3717 mm B $3,388.29
PRCRIVINT SW AN L 3717 mm C $3,,557'.71
PRCRMNTSRVANL 3717 mm D $3,735.59
PRCRIVINT SW AN L 3717 mm E $3,922.37
PRGRMMR ANALYST 3090 PROF A $3,095.67
PRGRMMR ANALYST 3090 PROF B $3,250.46
PRGRMMR ANALYST 3090 PROF C $3,412.98
PRGRMMR ANALYST 3090 PROF D $3,583.63
PRGRMMR ANALYST 3090 PROF E $3,762.81
PRIM CIVIL ENG 6021 mm A $4,293.61
PRIM CIVIL ENG 6021 mm B $4,508.29
PRIM CIVIL ENG 6021 mm C $4,733.70
PRIM CIVIL ENG 6021 mm D $4,970.39
PRIM CIVIL ENG 6021 mm E $5,218.91
PRIM HR ANALYST 3305 MMCF A $3,702.35
PRIM HR ANALYST 3305 MMCF B $3,887.47
PRIM HR ANALYST 3305 MMCF C $4,081.85
PRIM HR ANALYST 3305 MMCF D $4,285.94
PRIM HR ANALYST 3305 MMCF E $4,500.23
PRIM LDSCP ARCH 4486 mm A $3,992.38
PRIN LDSCP ARCH 4486 mm B $4,192.00
PRIM LDSCP ARCH 4486 mm C ${4,401.60
PRINT LDSCP ARCH 4486 mm D $4,621.68
PRIM LDSCP ARCH 4486 mm E $4,852.76
PRINT LIBRARIAN 7051 mm A $3,471.90
PRIM LIBRARIAN 7051 mm B $3,645.49
PRINT LIBRARIAN 7051 mm C $31827.77
PRIM LIBRARIAN 7051 mm D $4,019.16
PRINT LIBRARIAN 7051 mm E $4,220.11
PRIM MGMTANLYT 0208 PROF A $3,350.99
PRINT MGMTANLYT 0208 PROF B $3,518.54
PRIM MGMTANLYT 0208 PROF C $3,694.46
PRIM MGMTANLYT 0208 PROF D $3,879.19
PRIM MGMTANLYT 0208 PROF E $4,073.15
PRIM MGMTANLYT 0214 PRCF A $3,350.99
PRIM MGMTANLYT 0214 PRCF B $3,518-54
PRIM MGMTANLYT 0214 PRCF C $3,694.46
PRIM MGMTANLYT 0214 PRCF D $3,879.19
PRIM MGMT ANLYT 0214 PRCF E $4,073.15
PRIM PLANNER 4431 mm A $3,992.38
PRINT PLANNER 4431 mm B $4,192.00
PRIM PLANNER 4431 mm C $4,401.60
PRINT PLANNER 4431 mm D $4,621.68
PRIM PLANNER 4431 mm E $41852.76
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW2igf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PRIN RROJ COORD 4212 PROF A $3,992.38
PRIM PROJ COORD 4212 PROF B $4,192.00
PRIM RROJ COOR D 4212 PROF C $4,401.60
PRIM PROJ COORD 4212 PROF D $4,621.68
PRIM RROJ COOR D 4212 PROF E $4,,852.76
PRIM REC MGR 7410 mm A $3,386.84
PRIM R MGR 7410 mm B $3,556.18
PRIM REC MGR 7410 mm C $3,733.99
PRIM R MGR 7410 mm D $3,920.69
PRIM REC MGR 7410 mm E $4,116.72
PRIM TRAFF ENG 6020 mm A $4,293.61
PRIN TRAFF ENG 6020 mm B $4,508.29
PRIM TRAFF ENG 6020 mm C $4,733.70
PRIM TRAFF ENG 6020 mm D $4,970.39
PRIM TRAFF ENG 6020 mm E $5,218.91
PROCUREMNT SPEC 3721 ACE A $2,369.50
PROCUREMNT SPEC 3721 ACE B $2,487.96
PROCUREMNT SPEC 3721 ACE C $2,612.35
PROCUREMNT SPEC 3721 ACE D $2,742.98
PROCUREMNT SPEC 3721 ACE E $2,880.13
PROJECT COOR 1 4217ACE A $2,516.67
PROJECT COOR 1 4217 ACE B $2,642.49
PROJECT COOR 1 4217 ACE C $2,774.62
PROJECT COOR 1 4217' ACE D $2,913.34
PROJECT COOR 1 4217 ACE E $3,95^9.91
PROJECT COOR 1 4218 UCHR A $2,516.67
PROJECT COOR 1 4218 UCHR B $2,642.49
PROJECT COOR 1 4218 UCHR C $2,774.62
PROJECT COOR 1 4218 UCHR D $2,913.34
PROJECT COOR 1 4218 UCHR E $3,059.01
PROJECT COOR 11 4215 ACE A $2,768.33
PROJECT COOR 11 4215 ACE B $21906.75
PROJECT COOR 11 4215 ACE C $3,052.08
PROJECT COOR 11 4215 ACE D $3,204.70
PROJECT COOR 11 4215 ACE E $3,364.93
PROP & EVD SPEC 5127 ACE A $1,670.54
PROP & EVD SPEC 512,7 ACE B $1,754.07
PROP & EVD SPEC 5127 ACE C $1,841.77
PROP & EVD SPEC 512,7 ACE D $1,933.86
PROP & EVD SPEC 5127 ACE E $2,030.54
PROP & EVD SPEC 512,8 U�CHR A $1,670-54
PROP & EVD SPEC 5128 UCHR B $1,754.07
PROP & EVD SPEC 512,8 U�CHR C $11841.77
PROP & EVD SPEC 5128 UCHR D $1,933.86
PROP & EVD SPEC 512,8 U�CHR E $2,030-54
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PUB INFO SPEC 2782 CONF A $2,385.26
PUB INFO SPEC 2782 CONF B $2,504.55
PUB INFO SPEC 2782 CONF C $2,629.76
PUB INFO SPEC 2782 CONF D $2,761.25
PUB INFO SPEC 2782 CONF E $2,899.31
PUB SFTY ANLYT 5254 ACE A $2,610.15
PUB SFTY ANLYT 5254 ACE B $2,,740.65
PUB SFTY ANLYT 5254 ACE C $21877.69
PUB SFTY ANLYT 5254 ACE D $3,0.21.59
PUB SFTY ANLYT 5254 ACE E $3,172.65
PUB WRKS INP 1 6123 ACE A $2,437.04
PUB IRKS IINP 1 6123 ACE B $2,558.87
PUB WRKS INP 1 6123 ACE C $2,686.83
PUB IRKS IINP 1 6123 ACE D $2,821.16
PUB WRKS INP 1 6123 ACE E $2,962.22
PUB WRKS IINP 11 6121 ACE A $2,680.72
PUB WRKS INP 11 6121 ACE B $2,814.76
PUB IRKS IINP 11 6121 ACE C $2,955.49
PUB WRKS INP 11 6121 ACE D $3,103.28
PUB IRKS IINP 11 6121 ACE E $3,258.44
PUB WRKS MGR 6336 mm A $3,386.62
PUB WRKS IMGR 6336 mm B $3,555.95
PUB IRKS MGR 6336 mm C $3,733.75
PUB WRKS IMGR 6336 mm D $3,920.44
PUB IRKS MGR 6336 mm E $4,116.46
PUB WRKS SPEC 6712 ACE A $1,942.55
PUB IRKS SPEC 6712 ACE B $2,039.67
PUB WRKS SPEC 6712 ACE C $2,141.65
PUB IRKS SPEC 6712 ACE D $2,248.74
PUB WRKS SPEC 6712 ACE E $2,361.19
PUB IRKS SPEC 6714 UCHR A $1,942.55
PUB WRKS SPEC 6714 UCHR B $2,039.67
PUB IRKS SPEC 6714 UCHR C $2,141.65
PUB WRKS SPEC 6714 UCHR D $2,248.74
PUB WRKS SPEC 6714 U�CHR E $2,361-19
PUB WRKS SUPIDT 6327 Sm A $4,411.00
PUB WRKS SUPIDT 632,7 Sm B $4,631-55
PUB WRKS SUPIDT 6327 Sm C $4,863.13
PUB WRKS SUPIDT 632,7 Sm D $5,106.29
PUB WRKS SUPIDT 6327 Sm E $5,361.60
PUB WRKS SUPS' 6337 ACE A $2,589-54
PUB WRKS SU�PV 6337 ACE B $2,719.01
PUB WRKS SUPS' 6337 ACE C $2,854.97
PUB WRKS SU�PV 6337 ACE D $2,997.72
PUB WRKS SUPS' 6337 ACE E $3,147.60
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW*gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
PUMP MAINT SUPV 6392 ACE A $2,592.54
PUMP MAI NT SUPV 6392 ACE B $2,722.17
PUMP MAINT SUPV 6392 ACE C $2,858.28
PUMP MAI NT SUPV 6392 ACE D $3,001.18
PUMP MAINT SUPV 6392 ACE E $3,,151.25
PUMP MAI NT TECH 6396 ACE A $2,212.25
PU M P MAI NT TECH 6396 ACE B $2,3.22.87
PUMP MAI NT TECH 6396 ACE C $2,439.02
PU M P MAI NT TECH 6396 ACE D $2,560.94
PUMP MAI NT TECH 6396 ACE E $2,689.01
PURCHASING AGT 3711 Sm A $4,016.92
PURCHASING AGT 3711 Sm B $0.00
PURCHASING AGT 3711 Sm C $0.00,
PURCHASING AGT 3711 Sm D $0.00
PURCHASING AGT 3711 Sm E $4,882.59
RANGE MASTER 5417 ACE A $11837.58
RANGE MASTER 5417 ACE B $1,929.46
RANGE MASTER 5417 ACE C $2,025.94
RANGE MASTER 5417ACE D $2,127.24
RANGE MASTER 5417 ACE E $2,233.61
RANGE MASTER 5418 UCHR A $1,837.58
RANGE MASTER 5418 UCHR B $1,929.46
RANGE MASTER 5418 UCHR C $2,025.94
RANGE MASTER 5418 UCHR D $2,127.24
RANGE MASTER 5418 UCHR E $2,233.61
REAL PROP MGR 6037' MMUC A $3,719.21
REAL PROP MGR 6037 MMUC B $3,905.17
REAL PROP MGR 6037' MMUC C $4,100.43
REAL PROP MGR 6037 MMUC D $4,305.45
REAL PROP MGR 6037' MMUC E $41520.72
REC AIDE 7605 UCHR A $0.00,
REC AIDE 7605 UCHR B $0.00,
REC AIDE 7605 UCHR C $0.00,
REC AIDE 7605 UCHR D $0.00,
REC AIDE 7605 UCHR E $1,040.00
REC LEADER 7603 UCHR A $1,053.72
REC LEADER 7603 UCHR B $1,106.40
REC LEADER 7603 UCHR C $1,161.72
REC LEADER 7603 UCHR D $1,219.81
REC LEADER 7603 UCHR E $1,280.80
REC SPECIALIST 7601 UCHR A $1,264.33
REC SPECIALIST 7601 UCHR B $1,327.55
REC SPECIALIST 7601 UCHR C $1,393.92
REC SPECIALIST 7601 UCHR D $1,463.62
REC SPECIALIST 7601 UCHR E $1,536.80
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW69gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
REC SUPVISR 1 7425 A C E A $1,950.82.
REC SUPVISR. 1 7425 ACE B $2,048.35
REC SUPVISR 1 7425 ACE C $2,,150.78
REC SUPVISR. 1 7425 ACE D $2,258.31
REC SUPVISR 1 7425 ACE E $2,371.22.
REC SUPVISR. 1 7426 UCHR A $1,950.82
REC SUPVISR 1 7426 UCHR B $2,048.35
REC SUPVISR. 1 7426 UCHR C $2,150.78
REC SUPVISR 1 7426 UCHR D $2,258.31
REC SUPVISR. 1 7426 UCHR E $2,371.22
REC SUPVISR 11 7423 A C E A $2,145.90
REC SUPVISR 11 7423 ACE B $2,253.19
REC SUPVISR 11 7423 ACE C $2,365.86
REC SUPVISR 11 7423 ACE D $2,484.15
REC SUPVISR 11 7423 ACE E $2,608.36
REC SUPVISR 111 7422 ACE A $21467.80
REC SUPVISR 111 7422 ACE B $2,591.19
REC SUPVISR 111 7422 ACE C $2,720.75
REC SUPVISR 111 7422 ACE D $2,856.79
REC SUPVISR 111 7422 ACE E $2,999.63
RECORDS MANAGER 2211 MM A $2,760.80
RECORDS IMANIACR 2211 MM B $2,898.84
RECORDS MANAGER 2211 MM C $3,043.79
RECORDS IMAINAGER 2211 MM D $3,195.98
RECORDS MANAGER 2211 MM E $3,355.77
RECORDS SPEC 2217ACE A $1,652.84
RECORDS SPEC 2217 ACE B $1,735.49
RECORDS SPEC 2217' ACE C $1,822.26
RECORDS SPEC 2217 ACE D $1,913.38
RECORDS SPEC 2217' ACE E $2,009.03
RECYCLE SPEC 1 2742 ACE A $1,924.37
RECYCLG SPEC 1 2742 ACE B $2,020.59
RECYCLE SPEC 1 2742 ACE C $2,121.62
RECYCLG SPEC 1 2742 ACE D $2,227.69
RECYCLE SPEC 1 2,742 ACE E $2,339.08
RECYCLG SPEC 11 2744 ACE A $2,116.81
RECYCLE SPEC 11 2,744 ACE B $2,222-66
RECYCLG SPEC 11 2744 ACE C $2,333.78
RECYCLE SPEC 11 2,744 ACE D $2,450.48
RECYCLG SPEC 11 2744 ACE E $2,573.00
REG VET TECH 5307 ACE A $1,837-58
REG VET TECH 5307 ACE B $1,929.46
REG VET TECH 5307 ACE C $2,025.94
REG VET TECH 5307 ACE D $2,127.24
REG VET TECH 5307 ACE E $2,233.61
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
REG VET TECH 5312 UCHR A $1,,837'.58
REG VET TECH 5312 UCHR B $1,929.46
REG VET TECH 5312 UCHR C $2,025.94
REG VET TECH 5312 UCHR D $21127.24
REG VET TECH 5312 UCHR E $2,233.61
RET ANNT- HO C 9901 UCHR A $3,021.63
RET ANNT- HO C 9901 UCHR B $3,,172.71
RET ANN T- HO C 9901 UCHR C $3,331.35
RET ANNT- HO C 9901 UCHR D $31497.91
RET ANN T- HO C 9901 UCHR E $3,672.81
REVENUE MANAGER 3689 Sm A $4,307.54
REVENUE MANAGER 3689 Sm B $0.00
REVENUE MANAGER 3689 Sm C $0.00
REVENUE MANAGER 3689 Sm D $0.00
REVENUE MANAGER 3689 Sm E $5,235.84
RISK MANAGER 3361 Sm A $4,183.58
RISK MANAGER 3361 Sm B $0.00,
RISK MANAGER 3361 Sm C $0.00
RISK MANAGER 3361 Sm D $0.00,
RISK MANAGER 3361 Sm E $5,085.23
RISK MGMT SPEC 3367 PRCF A $2,787.25
RISK MGMT SPEC 3367 PRCF B $2,926.61
RISK MGMT SPEC 3367 PROF C $3,072.°95
RISK MGMT SPEC 3367PRCF D $3,226.59
RISK MGMT SPEC 3367 PROF E $3,387.92
SEASONAL ASST 0231 UCHR A $0.00,
SEASONAL ASST 0231 UCHR B $0.00,
SEASONAL ASST 0231 UCHR C $0.00,
SEASONAL ASST 0231 UCHR D $0.00,
SEASONAL ASST 0231 UCHR E $1,040.00
SECRETARY 0171 ACE A $1,652.84
SECRETARY 0171 ACE B $1,735.49
SECRETARY 0171 ACE C $1,822.26
SECRETARY 0171 ACE D $1,913.38
SECRETARY 0171 ACE E $2,009.03
SGML SYS ENG 1 6169 ACE A $2,801.73
SGML SYS ENG 1 6169 ACE B $2,941.81
SGML SYS ENG 1 6169 ACE C $3,088.90
SGML SYS ENG 1 6169 ACE D $3,243.36
SGML SYS ENG 1 6169 ACE E $3,405.51
SGML SYS ENG 11 6170 ACE A $3,081.89
SGML SYS ENG 11 6170 ACE B $3,236.00
SGML SYS ENG 11 6170 ACE C $31397.79
SGML SYS ENG 11 6170 ACE D $3,567.68
jSGNL SYS ENG 11 1 6170 ACE E $3,746.06
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW5hgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SIGN&STRPE SUPV 6355 ACE A $2,589.54
SIC NI&STRPE SUPV 6355 ACE B $2,719.01
SIGN&STRPE SUPV 6355 ACE C $2,854.97
SIGN&STRPE SUPV 6355 ACE D $21997.72
SIGN&STRPE SUPV 6355 ACE E $31147.60
SMART TECH OFF 2736 Sm A $4,080.54
SMART TECH OFF 2736 Sm B $0..00,
SMART TECH OFF 2736 Sm C $0.00
SMART TECH OFF 2736 Sm D $0..00,
SMART TECH OFF 2736 SM E $4,959.92
SPEC EVNTS COOR 2799 PRUC A $3,185.54
SPEC EVNTS COOK 2.799 PRUC B $3,344.82
SPEC EVNTS COOR 2799 PRUC C $3,512.06
SPEC EVNTS COOK 2.799 PRUC D $31687.67
SPEC EVNTS COOR 2799 PRUC E $3,872.05
SR ACCOUNTANT 3630 MMCF A $2,968.38
SR ACCOUNTANT 3630 MMCF B $3,116.80
SR ACCOUNTANT 3630 MMCF C $3,272.64
SR ACCOUNTANT 3630 MMCF D $3,436.27
SR ACCOUNTANT 3630 MMCF E $3,608.09
SR ACCTG ASST 3651 ACE A $1,963.96
SR ACCTG ASST 3651 ACE B $2,062.16
SR ACCTG ASST 3651 ACE C $2,165.28
SR ACCTG ASST 3651 ACE D $2,273.55
SR ACCTG ASST 3651 ACE E $2,387.22
SR ADMIN SEC 0145 CONF A $2,321.52
SR ADMIN SEC 0145 CONF B $2,437.59
SR ADMIN SEC 0145 CONF C $2,559.48
SR ADMIN SEC 0145 CONF D $2,687.43
SR ADMIN SEC 0145 CONF E $2,821.81
SR ADMIN SEC 0185 ACE A $2,321.52
SR ADIVI I 1\1 SEC 0185 ACE B $2,437.59
SR ADMIN SEC 0185 ACE C $2,559.48
SR ADMIN SEC 0185 ACE D $2,687.43
SR ADIVI IN SEC 0185 ACE E $2,821.81
SR ANML CR SPEC 5345 ACE A $1,761.01
SR ANML CR SPEC 5345 ACE B $1,849.07
SR ANML CR SPEC 5345 ACE C $1,941.51
SR ANML CR SPEC 5345 ACE D $2,038-59
SR ANML CR SPEC 5345 ACE E $2,140.52
SR APP SUP SPEC 3089 PROF A $3,429.31
SR APP SUP SPEC 3089 PROF B $3,600.78
SR APP SUP SPEC 3089 PROF C $3,780.82
SR APP SUP SPEC 3089 PROF D $3,969.86
SR APP SUP SPEC 3089 PROF E $4,168.35
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d&j0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR ASST CTY ATT 2403 EM, A $6,309.92
SR ASST CTY ATT 2403 EXEC B $0.00
SR ASST CTY ATT 2403 EM, C $0..00
SR ASST CTY ATT 2403 EXEC D $0.00
SR ASST CTY ATT 2403 EXEC E $7,,669.75
SR BLDG INSP 4781 ACE A $3,082.82
SR BLDG INISP 4781 ACE B $3,236.97
SR BLDG INSP 4781 ACE C $3,398.82
SR BLDG INISP 4781 ACE D $3,,568.76
SR BLDG INSP 4781 ACE E $31747.18
SR BUS LIC REP 4507 ACE A $1,963.96
SR BUS LIC REP 4507 ACE B $2,062.16
SR BUS LIC REP 4507 ACE C $2,165.28
SR BUS LIC REP 4507 ACE D $2,273.55
SR BUS LIC REP 4507 ACE E $2,387.22
SR CIVIL ENG 6019 INCE A $3,866.99
SR CIVIL ENG 6019 '"BICE B $4,060.32
SR CIVIL ENG 6019 INCE C $4,263.37
SR CIVIL ENG 6019 '"BICE D $4,,476.53
SR CIVIL ENG 6019 INCE E $4,700.34
SR CODE ENF OFF 4763 ACE A $2,945.54
SR CODE ENF OFF 4763 ACE B $3,092.82
SR CODE ENF OFF 4763 ACE C $3,247.47
SR CODE ENF OFF 4763 ACE D $3,409.83
SR CODE ENF OFF 4763 ACE E $3,580.33
SR CODE ENF OFF 4764 UCHR A $2,945.54
SR CODE ENF OFF 4764 UCHR B $3,092.8,2
SR CODE ENF OFF 4764 UCHR C $3,247.47
SR CODE ENF OFF 4764 UCHR D $3,409.83
SR CODE ENF OFF 4764 UCHR E $3,580.33
SR COUNCIL ASST 2025 UCHR A $2,182.56
SR COUNCIL ASST 2025 UCHR B $21291.70
SR COUNCIL ASST 2025 UCHR C $2,406.27
SR COUNCIL ASST 2025 UCHR D $2,526.57
SR COUNCIL ASST 2025, , U�CHR E $2,652.92
SR COUNCIL ASST 2027 CONF A $1,812.15
SR COUNCIL ASST 2027, , CONF B $11902.75
SR COUNCIL ASST 2027 CONF C $1,997.88
SR COUNCIL ASST 2027, , CONF D $21097.78
SR COUNCIL ASST 2027 CONF E $2,202.67
SR DEP CITY CLK 2208 PRUC A $2,758.41
SR IDEP CITY CLK 2208 PRUC B $2,896.33
SR DEP CITY CLK 2208 PRUC C $3,041.15
SR IDEP CITY CLK 2208 PRUC D $3,193.20
SR DEP CITY CLK 2208 PRUC E $3,352.86
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#dW&gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR ECON DEV SPC 2725 PROF A $3,193.61
SR ECON DEV SPC 2725 PROF B $3,353.29
SR ECON DEV SPC 2725 PROF C $3,,520.95
SR ECON DEV SPC 27-)q
If A--.f I PROF D $31697.00
SR ECON DEV SPC 2725 PROF E $3,881.85
SR ELEC TECH 6471 ACE A $2,824.72
SR ELEC TECH 6471 ACE B $2,965.96
SR ELEC TECH 6471 ACE C $3,114.25
SR ELEC TECH 6471 ACE D $3,269.97
SR ELEC TECH 6471 ACE E $3,433.45
SR ELECTRICIAN 6442 ACE A $2,567.87
SR ELECTRICIAN 6442 ACE B $2,696.27
SR ELECTRICIAN 6442 ACE C $2,831.07
SR ELECTRICIAN 6442 ACE D $2,972.62
SR ELECTRICIAN 6442 ACE E $3,121.25
SR ENG TECH 6059 ACE A $2,680.72
SR ENG TECH 6059 ACE B $2,814.76
SR ENG TECH 6059 ACE C $2,955.49
SR ENG TECH 6059 ACE D $3,103.28
SR ENG TECH 6059 ACE E $3,258.44
SR EQUIP MECH 6512 ACE A $2,423.17
SR EQUIP MECH 6512 ACE B $2,544.33
SR EQUIP MECH 6512 ACE C $2,671.55
SR EQUIP MECH 6512 ACE D $2,805.11
SR EQUIP MECH 6512 ACE E $2,945.37
SR FIRE INIS/INV 5529 IAFF A $3,128.09
SR FIRE INS/INV 5529 IAFF B $3,284.49
SR FIRE INIS/INV 5529 IAFF C $31448.72
SR FIRE INS/INV 5529 IAFF D $3,621.16
SR FIRE INIS/INV 5529 IAFF E $3,802.21
SR FSCL OF SPEC 0141 CONF A $1,735.48
SR IFSCL OF SPEC 0141 CONF B $1,822.25
SR FSCL OF SPEC 0141 CONF C $1,913.37
SR IFSCL OF SPEC 0141 CONF D $2,009.03
SR FSCL OF SPEC 0141 CONF E $2,109.49
SR IFSCL OF SPEC 0175 ACE A $1,735.48
SR FSCL OF SPEC 0175 ACE B $1,822.25
SR IFSCL OF SPEC 0175 ACE C $1,913.37
SR FSCL OF SPEC 0175 ACE D $2,009.03
SR IFSCL OF SPEC 0175 ACE E $2,109.49
SR FSCL OF SPEC 0176 UCHR A $1,735.48
SR IFSCL OF SPEC 0176 UCHR B $1,822.25
SR FSCL OF SPEC 0176 UCHR, C $1,913.37
SR IFSCL OF SPEC 0176 UCHR D $2,009.03
ISR FSCL OF SPEC 0176 UCHR, E $2,109.49
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A fta#d6
�30gfl*29
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR GARDENER 6621 ACE A $2,038.74
SR GARDENER 6621 ACE B $2,140.67
SR GARDENER 6621 ACE C $21247.71
SR GARDENER 6621 ACE D $2,360.11
SR GARDENER 6621 ACE E $2,478.10
SR GIS SPEC 3080 ACE A $2,771.56
SR GIS SPEC 3080 ACE B $2,910.15
SR GIS SPEC 3080 ACE C $3,055.65
SR GIS SPEC 3080 ACE D $3,208.44
SR GIS SPEC 3080 ACE E $3,368.86
SR GRPHC DESGR 2764 PROF A $2,886.40
SR GRRHC DESGR 2764 PROF B $3,030.72
SR GRPHC DESGR 2764 PROF C $3,182.26
SR GRRHC DESGR 2764 PROF D $3,341.37
SR GRPHC DESGR 2764 PROF E $3,508.44
SR HIR ANALYST 3308 PROF A $3,205.48
SR HIR ANALYST 3308 PROF B $3,365.76
SR HIR ANALYST 3308 PROF C $3,534.05
SR HIR ANALYST 3308 PROF D $3,710.75
SR HIR ANALYST 3308 PROF E $3,896.29
SR HR ANALYST 3313 UCH A $3,205.48
SR HIR ANALYST 3313 UCHR B $3,365.76
SR HIR ANALYST 3313 UCH C $3,534.05
SR IHR ANALYST 3313 UCH D $31710.75
SR HIR ANALYST 3313 UCH E $3,,890.29
SR IHR TECH 3316 COW A $2,305.93
SR HIR TECH 3316 CONF B $2,421.23
SR IHR TECH 3316 COW C $2,542.29
SR HIR TECH 3316 CONF D $2,669.42
SR IHR TECH 3316 COW E $2,802.88
SR HIVAC TECH 6441 ACE A $2,567.87
SR INIAC TECH 6441 ACE B $2,696.27
SR HIVAC TECH 6441 ACE C $2,831.07
SR (HVAC TECH 6441 ACE D $2,972.62
SR HIVAC TECH 6441 ACE E $3,121.25
SR ITS SPC 3012 PROF A $31029.52
SR ITS SPC 3012 PROF B $3.v181.00
SR ITS SPC 3012 PROF C $3,340.05
SR ITS SPC 3012 PROF D $3.v507.05
SR ITS SPC 3012 PROF E $3,682.40
SR ITS SPC 11 (T) 3016 PROF A $3.338.43
SR ITS SPC IIT 3016 PROF B $315O5.35
SR ITS SPC 11 (T) 3016 PROF C $3,0680.62
SR ITS SPC 11 (T) 3016 PROF D $3,864.65
SR ITS SPC 11 (T) 3016 PROF E $4,057.88
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A Vra#g1"ngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR LAND SRVYR 6285 WCE A $3,866.99
SR LAND SRVYR 6285 WCE B $4,060.32
SR LAND SRVYR 6285 WCE C $4,263.37
SR LAND SRVYR 6285 WCE D $4,476.53
SR LAND SRVYR 6285 WCE E $4,700.34
SR LEGAL ASST 2463 CONF A $2,344.50
SR LEGAL ASST 2463 CONF B $2,461.72
SR LEGAL ASST 2463 CONF C $2,584.81
SR LEGAL ASST 2463 CONF D $2,,714.05
SR LEGAL ASST 2463 CONF E $2,849.76
SR LIBRARIAN 7053 mm A $2,756.76
SR LIBRARIAN 7053 mm B $2,894.60
SR LIBRARIAN 7053 mm C $3,039.33
SR LIBRARIAN 7053 mm D $3,191.29
SR LIBRARIAN 7053 mm E $3,350.86
SR LIFEGUARD 7589 UCHR A $11337.40
SR LIFEGUARD 7589 UCHR B $1,404.27
SR LIFEGUARD 7589 UCHR C $1,474.48
SR LIFEGUARD 7589 UCHR D $1,548.21
SR LIFEGUARD 7589 UCHR E $1,625.62
SR LNDSCPE INSP 6295 ACE A $2,802.58
SR LNDS,CPE INSP 6295 ACE B $2,942.71
SR LNDSCPE INSP 6295 ACE C $3,089.84
SR LNDSCJPE INSP 6295 ACE D $3,244.32
SR LNDSCPE INSP 6295 ACE E $3,406.55
SR LTNT PRT EXM 5110 ACE A $3,308.93
SR LTNT PRT EXM 5110 ACE B $3,474.39
SR LTNT PRT EXM 5110 ACE C $3,648.10
SR LTNT PRT EXM 5110 ACE D $3,830.51
SR LTNT PRT EXM 5110 ACE E $4,022.03
SR IMAM NT WKR 6371 ACE A $2,038.74
SR IMAINT WKR 6371 ACE B $2,140.67
SR MAIINT WKR 6371 ACE C $2,247.71
SR MAI NT'WKR 6371 ACE D $2,360.11
SR MAINT WKR 6371 ACE E $2,478.10
SR MGMT ANALYST 0206 PROF A $3,046.34
SR MGMT ANALYST 0206 PROF B $3,198-66
SR MGMT ANALYST 0206 PROF C $3,358.59
SR MGMT ANALYST 0206 PROF D $3,526-52
SR MGMT ANALYST 0206 PROF E $3,702.85
SR OFFICE SPEC 0173 ACE A $1,652.84
SR OFFICE SPEC 0173 ACE B $1,735.49
SR OFFICE SPEC 0173 ACE C $1,822.26
SR OFFICE SPEC 0173 ACE D $1,913.38
ISR OFFICE SPEC 0173 ACE E $2,009.03
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR OS II NSP 6309 ACE A $2,802.59
SR OS INSP 6309 ACE B $2,942.72
SR OS II NSP 6309 ACE C $3,089.85
SR OS INSP 6309 ACE D $3,244.33
SR OS II NSP 6309 ACE E $3,406.56
SR ME SPEC 5125 ACE A $1,921.12
SR ME SPEC 5125 ACE B $21017.18
SR ME SPEC 5125 ACE C $2,118.04
SR ME SPEC 5125 ACE D $2,223.93
SR ME SPEC 5125 ACE E $2,335.14
SR PARK RANGER 7439 ACE A $2,038.74
SR PARK RANGER 7439 ACE B $2,140.67
SR PARK RANGER 7439 ACE C $2,247.71
SR PARK RANGER 7439 ACE D $2,360.11
SR PARK RANGER 7439 ACE E $2,478.10
SR PARK ENF OFF 5157 ACE A $1,670.54
SR PARK ENF OFF 5157 ACE B $1,754.07
SR PARK ENF OFF 5157 ACE C $1,841.77
SR PARK ENF OFF 5157 ACE D $1,933.86
SR PARK ENF OFF 5157 ACE E $2,030.54
SR PG M M R AN LYST 3091 PROF A $3,529.14
SR PGMMR ANLYST 3091 PROF B $3,705.60
SR PG M M R AN LYST 3091 PROF C $3,890.88
SR IPG IM M R AN LYST 3091 PROF D $4,085.42
SR PG M M R AN LYST 3091 PROF E $4,289.69
SR IPILANI CK ENG 4746 WCE A $3,698.86
SR PLAN CK ENG 4746 WCE B $3,,883.8,2
SR IPILANI CK ENG 4746 WCE C $4,078.00
SR PLAN CK ENG 4746 WCE D $4,281.°90
SR IPLANI CK ENG 4746 WCE E $4,496.00
SR PLAN CK TECH 4751 ACE A $2,680.72
SR IPILANI CK TECH 4751 ACE B $21814.76
SR PLAN CK TECH 4751 ACE C $2,955.49
SR PLAN CK TECH 4751 ACE D $3,103.28
SR PLAN CK TECH 4751 ACE E $3,258.44
SR PLANNER 4432 PROF A $3,193.61
SR PLANNER 4432 PROF B $3,353.29
SR PLANNER 4432 PROF C $3,520.95
SR PLANNER 4432 PROF D $3,697.00
SR PLANNER 4432 PROF E $3,881.85
SR PL,NNING TECH 4529 ACE A $2,202.60
SR IPILNNIING TECH 4529 ACE B $2,312.74
SR PLN NING TECH 4529 ACE C $2,428.38
SR IPILNNIING TECH 4529 ACE D $2,549.79
ISR PLN NING TECH 4529 ACE E $2,677.29
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6s*Pgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR POL RCD SPEC 0135 ACE A $1,,727'.99
SR POL RCD SPEC 0135 ACE B $1,814.39
SR POL RCD SPEC 0135 ACE C $1,905.09
SR POL RCD SPEC 0135 ACE D $2,000.35
SR POL RCD SPEC 0135 ACE E $2,100.37
SR PROC SPEC 3728 PROF A $2,619.61
SR PROC SPEC 3728 PROF B $2,,750.59
SR PROC SPEC 3728 PROF C $2,888.12
SR PROC SPEC 3728 PROF D $3,032.52
SR PROC SPEC 3728 PROF E $3,184.15
SR PROJECT COOK 4214 PROF A $3,193.61
SR PROJECT COOK 4214 PROF B $3,353.29
SR PROJECT COOK 4214 PROF C $3,520.95
SR PROJECT COOK 4214 PROF D $31697.00
SR PROJECT COOK 4214 PROF E $3,881.85
SR PS ANALYST 5260 PROF A $2,885.66
SR PS ANALYST 5260 PROF B $3,029.95
SR PS ANALYST 5260 PROF C $3,181.45
SR PS ANALYST 5260 PROF D $3,340.52
SR PS ANALYST 5260 PROF E $31507.54
SR PW INSP 6101 ACE A $3,082.83
SR PW INIS,P 6101 ACE B $3,236.98
SR PW INSP 6101 ACE C $3,398.83
SR IPV INSP 6101 ACE D $31568.77
SR PW INSP 6101 ACE E $3,747.19
SR IPV SPEC 6702 ACE A $2,331.06
SR PW SPEC 6702 ACE B $2,447.61
SR IPV SPEC 6702 ACE C $2,569.99
SR PW SPEC 6702 ACE D $2,698.49
SR IPV SPEC 6702 ACE E $2,833.42
SR RECORDS SPEC 2215 ACE A $1,900.77
SR IRIECORDS SPEC 2215 ACE B $1,995.81
SR RECORDS SPEC 2215 ACE C $2,095.59
SR IRIECORDS SPEC 2215 ACE D $2,200.38
SR RECORDS SPEC 2,215 ACE E $2,310.40
SR IRSK MGT SPEC 3365 PROF A $3,205.48
SR RS K MGT SPEC 3365 PROF B $31365.76
SR IRSK MGT SPEC 3365 PROF C $3,534.05
SR RS K MGT SPEC 3365 PROF D $31710.75
SR IRSK MGT SPEC 3365 PROF E $3,896.29
SR SECRETARY 0139 COW A $1,818.13
SR SECRETARY 0139 COW B $1,909.04
SR SECRETARY 0139 COW C $2,004.49
SR SECRETARY 0139 COW D $2,104.72
ISR SECRETARY 0139 COW I E $21209-95
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A fta#d6
�3*gfl*29
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
SR SECRETARY 0177 ACE A $1,818.13
SR SECRETARY 0177 ACE B $1,909.04
SR SECRETARY 0177 ACE C $2,004.49
SR SECRETARY 0177 ACE D $2,104.72
SR SECRETARY 0177 ACE E $2,209.95
SR TREE TRIMMER 6573 ACE A $2,242.61
SR TREE TRIMMER 6573 ACE B $2,,354.74
SR TREE TRIMMER 6573 ACE C $2,472.48
SR TREE TRIMMER 6573 ACE D $2,596.10
SR TREE TRIMMER 6573 ACE E $2,725.90
SR WEBMIASTER 2779 PROF A $21896.98
SR WEBMASTER 2779 PROF B $3,041.83
SR WEBMIASTER 2779 PROF C $3,193.92
SR WEBMASTER 2779 PROF D $3,353.62
SR WEBMIASTER 2779 PROF E $3,521.30
ST PR SUP 3732 ACE A $2,038.74
STKPR SUP 3732 ACE B $2,140.67
ST PR SUP 3732 ACE C $21247.71
STI PR SUP 3732 ACE D $2,360.11
ST PR SUP 3732 ACE E $2,478.10
STMWR CID INS 1 6127ACE A $2,215.47
STMWR CP INS 1 6127 ACE B $2,326.24
STMWR CP INS 1 6127 ACE C $2,442.55
STMWR CID INS 1 6127' ACE D $2,564.69
STMWR CP INS 1 6127 ACE E $2,692.91
STMWR CID INS 11 6125 ACE A $2,437.04
STMWR CP INS 11 6125 ACE B $2,558.87
STMWR CID INS 11 6125 ACE C $2,686.83
STMWR CP INS 11 6125 ACE D $2,821.16
STMWR CID INS 11 6125 ACE E $2,962.22
STMWR EN SPC 1 6137 ACE A $2,547.80
STMWR EN SPC 1 6137' ACE B $2,675.19
STMWR EN SPC 1 6137 ACE C $2,808.95
STMWR EN SPC 1 6137 ACE D $2,949.40
ISTMWR EN SPC 1 6137 ACE E $3,096.87
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6qgfngf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
STMWR EN SPC 11 6135 ACE A $2,802.59
STMWR EN SPC 11 6135 ACE B $2,942.72
STMWR EN SPC 11 6135 ACE C $3,089.85
STMWR EN SPC 11 6135 ACE D $3,244.33
STMWR EN SPC 11 6135 ACE E $3,406.56
STMWR PG MGR 6131 MM A $3,565.34
STMWR PG MGR 6131 MM B $3,743.61
STMWR PG MGR 6131 MM C $3,930.79
STMWR PG MGR 6131 MM D $4,1.27.33
STMWR PG MGR 6131 MM E $4,333.69
STOREKEEPER 3734 ACE A $1,698.95
STOREKEEPER 3734 ACE B $1,783.89
STOREKEEPER 3734 ACE C $1,873.10
STOREKEEPER 3734 ACE D $1,966.75
STOREKEEPER 3734 ACE E $2,065.09
SU P " PS,ANALYST 5241 MM A $3,318.51
SU PV PS ANALYST 5241 MM B $3,,484.44
SUPV PS,ANALYST 5241 MM C $3,658.66
SU PV PS ANALYST 5241 MM D $3,841.59
SU P " PS,ANALYST 5241 MM E $4,033.67
SURVEY TECH I 6151 ACE A $2,119.15
SURVEY TECH I 6151 ACE B $2,225.10
SURVEY TECHI 6151 ACE C $2,336.35
SURVEY TECH 1 6151 ACE D $2,453.17
SURVEY TECHI 6151 ACE E $2,575.84
SURVEY TECH 11 6141 ACE A $2,331.06
SURVEY TECH 11 6141 ACE B $2,447.61
SURVEY TECH 11 6141 ACE C $2,569.99
SURVEY TECH 11 6141 ACE D $2,698.49
SURVEY TECH 11 6141 ACE E $2,833.42
SYS/D13 ADMIN 3015 PROF A $3,223.71
SYS/DB ADMIN 3015 PROF B $3,384.90
SYS/D13 ADMIN 3015 PROF C $3,554.14
SYS/D13 ADMIN 3015 PROF D $3,731.85
SYS/DB ADMIN 3015 PROF E $3,918.44
TELECOM SPEC 3027 ACE A $1,961.21
TELECOM SPEC 302,7 ACE B $2,059.27
TELECOM SPEC 3027 ACE C $2,162.23
TELECOMI SPEC 302,7 ACE D $2,270.34
TELECOM SPEC 3027 ACE E $2,383.86
TINY TOT AIDE 7503 U�CHR A $11053.72
TINY TOT AIDE 7503 UCHR B $1,106.40
TINY TOT AIDE 7503 UCHR, C $11161.72
TINY TOT AIDE 7503 UCHR D $1,219.81
TINY TOT AIDE 7503 UCHR, E $1,280.80
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A fta#d6
�30gfl*29
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
TINY TOT SPEC 7505 UCHR A $1,264.33
TINY TOT SPEC 7505 UCHR B $11327.55
TINY TOT SPEC 7505 UCHR C $1,393.92
TINY TOT SPEC 7505 UCHR D $1,463.62
TINY TOT SPEC 7505 UCHR E $1,536.80
TRAFF CTRL ASST 5155 UCHR A $0.00
TRAFF CTRL ASST 5155 UCHR B $0..00,
TRAFF CTRL ASST 5155 UCHR C $0.00
TRAFF CTRL ASST 5155 UCHR D $0..00,
TRAFF CTRL ASST 5155 UCHR E $1,255.20
TRAFF OFFICER 5293 UCHR A $1,139.42
TRAFF OFFICER 5293 UCHR B $1,195.84
TRAFF OFFICER 5293 UCHR C $1,255.53
TRAFF OFFICER 5293 UCHR D $0.00
TRAFF OFFICER 5293 UCHR E $0.00,
TRAFF S&L TCH 1 6187 ACE A $2,232.98
TRAFF S&L TCH 1 6187ACE B $2,344.63
TRAFF S&L TCH 1 6187 ACE C $2,461.86
TRAFF S&L TCH 1 6187' ACE D $2,584.95
TRAFF S&L TCH 1 6187 ACE E $2,714.20
TRAFF S&L TCH 11 6185 ACE A $2,456.28
TRAFF S&L TCH 11 6185 ACE B $2,579.09
TRAFF S&L TCH 11 6185 ACE C $2,708.05
TRAFF S&L TCH 11 6.185 ACE D $2,843.44
TRAFF S&L TCH 11 6185 ACE E $2,985.62
TRAFF S&L SUP " 6181 ACE A $21824.72
TRAFF S&L SUPS' 6181 ACE B $2,965.96
TRAFF S&L SUP " 6181 ACE C $3,114.25
TRAFF S&L SUPS' 6181 ACE D $3,269.97
TRAFF S&L SUP " 6181 ACE E $3,433.45
TRAIN PGM SPEC 5250 UCHR A $1,961.03
TRAIN PGM SPEC 5250 UCHR B $2,059.07
TRAIN PGM SPEC 5250 UCHR C $2,162.03
TRAIN PGM SPEC 5250 UCHR D $2,270.13
TRAIN PGM SPEC 5250 U�CHR E $2,383-64
TRAIN PGM SPEC 5262 ACE A $1,961.03
TRAIN PGM SPEC 5262 ACE B $2,059.07
TRAIN PGM SPEC 5262 ACE C $2,162.03
TRAIN PGM SPEC 5262 ACE D $2,270.13
TRAIN PGM SPEC 5262 ACE E $2,383.64
TRAM ENG W CERT 6031 WCE A $3,866-99
TRAN ENG W CERT 6031 WCE B $4,060.32
TRAM ENG W CERT 6031 WCE C $4,263.37
TRAN ENG W CERT 6031 WCE D $4,476.53
TRAM ENG W CERT 6031 WCE E $4,700.34
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q!5hgf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
TRAN ENG WO CRT 6033 Wrc: A $3,682.85
TRAN ENG WO CRT 6033 WCE B $3,866.99
TRAN ENG WO CRT 6033 WCE C $4,060.33
TRAN ENG WO CRT 6033 WCE D $4,263.37
TRAN ENG WO CRT 6033 WCE E $4,476.53
TREE TRIVIR 6575 ACE A $1,868.85
TREE TRIVIR 6575 ACE B $1,962.29
TREE TRIVIR 6575 ACE C $2,060.40
TREE TRIM R 6575 ACE D $2,163.41
TREE TRIVIR 6575 ACE E $2,271.59
TREE TRIVIR SUPV 6572 ACE A $2,579.02
TREE TRIVIR SUPV 6572 ACE B $21707.98
TREE TRIVIR SU PV' 6572 ACE C $2,843.36
TREE TRIVIR SU P' 6572 ACE D $2,985.52
TREE TRIVIR SU PV' 6572 ACE E $3,134.81
VET 5308 UCHR A $3,816.80
VET 5308 UCHR B $4,007.65
VET 5308 UCHR C $4,208.02
VET 5308 UCHR D $4,418.42
VET 5308 UCHR E $4,639.34
VET(PERMIITTED) 5322 UCHR A $5,,558.44
VET(PERMITTED) 5322 UCHR B $5,836.37
VET(PERMIITTED) 5322 UCHR C $6,128.19
VET(PERMITTED) 5322 UCHR D $6,434.59
VET(PERMIITTED) 5322 UCHR E $6,756.32
VET(PERMITTED) 5331 PROF A $4,607.14
VET(PERMIITTED) 5331 PROF B $x4,,837.49
VET(PERMITTED) 5331 PROF C $5,079.37
VET(PERMIITTED) 5331 PROF D $5,333.34
VET(PERMITTED) 5331 PROF E $5,600.00
VET ASST 5323 UCHR A $1,531.33
VET ASST 5323 UCHR B $1,607.90
VET ASST 5323 UCHR C $1,688.29
VET ASST 5323 UCHR D $1,772.71
VET ASST 532,3 U�CHR E $1,861.34
VET ASST 5325 ACE A $1,531.33
VET ASST 5325 ACE B $1,607.89
VET ASST 5325 ACE C $1,688.28
VET ASST 5325 ACE D $11772.71
VET ASST 5325 ACE E $1,861.34
VET 1 5335 PROF A $3,272.11
VET 1 5335 PROF B $3,435.71
VET 1 5335 PROF C $3,607-50
VET 1 5335 PROF D $3,787.87
I"VET 1 5335 1 PROF I E $3,977.27
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6q0gf1*2q
CITY OF Fiscal Year 2020-2021 Compensation Schedule
CH U LA VISTA, Effective July 17, 2020
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
VET II1 5333 PROF A $3,762.92
VET 11 5333 PROF B $3,951.06
VET II1 5333 PROF C $4,148.62
VET 11 5333 PROF D $4,356.05
VET II1 5333 PROF E $4,,573.85
VO LCOORD 7131 ACE A $1,673.98
VOLCOCIRD 7131 ACE B $1,,757.68
VO LCOORD 7131 ACE C $1,845.57
VOLCOCIRD 7131 ACE D $11937.84
VOLCOCIRD 7131 ACE E $2,034.73
INE MASTER 2777 ACE A $2,519.61
WEBMASTER 2.777 ACE B $2,645.58
INE MASTER 2777 ACE C $2,,777.87
WEBMASTER 2.777 ACE D $2,916.75
INE MASTER 2777 ACE E $3,062.59
Effective Pay Period Beginnning December 31,2021
POSITION TITLE PCN BARG STEP BI-WEEKLY RATE*
EMT(NON-SFTY) 5657 lAFF A $1,200.00
EMT(NON-SFTY) 5657 lAFF B $1,260.00
EMT(NON-SFTY) 5657 lAFF C $1,323.00
EMT(NON-SFTY) 5657 lAFF D $1,389.15
EMT(NON-SFTY) 5657 lAFF E $11458.61
PARAMEUIC(NS) 5655 lAFF A $1,440.00
PARAMEDIC (NS) 5655 lAFF B $1,512.00
PARAMEUIC(NS) 5655 lAFF C $1,587.60
PARAMEDIC (NS) 5655 lAFF D $1,666.98
PARAMEUIC(NS) 5655 lAFF E $1,750.33
Revised
Jiuly 28, 2020(Effective July 17, 2020)
October 6,2020(Effective October 9, 2020)
Approved and Adopted:
RAWWOM Agenda Pack&Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an A f0ra#d6s*ffigf1*2q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA VISTA APPROVING ANAMENDMENT TO THE 2017-
2020 MEMORANDUM I.M O DERSTA DING BETWEEN
THE CITY OF CHULA TTA AND THE CHU:LA VISTA MID-
MANAGERS/PROFESSIo AL ASSOCIATION (MM/PR TO
EXTEND THE TERM of THE M U TO JUNE 30,2021 AND TO
PROVIDE FOR SPECIFIED CHANGES TO THE TERMS AND
CONDITIONS of EMPLOYMENT
WHEREAS, in 2018, negotiating teams representing the City of Chula Vista "City") and
the Chula Nista Mid-Managers/Professional Association(MM/PR)worked collaboratively toward
the development of a mutually beneficial Memorandum of Understanding MOU)�, which the
parties entered into for the time period of December 18, 2018 to June 30, 2020; and
WHEREAS, on December 2018, the City Council approved the MOU between the City
and MM/PR.related to wages and other terns and conditions of employment; and
WHEREAS, in May and June 2020, the City and MM/PR engaged in informal discussions
and after good faith negotiations, an agreement was reached to extend the term of the MOU to July
11 2020 (via a First Amendment to the MOU); and
WHEREAS, after continued good faith negotiations and the aforementioned extension to
July 31, 2020, an agreement was subsequently reached to extend the term of the MOU to June 30,
2021 via a Second Amendment t iia copy of which is on file in the City Clerk's Office).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby does approve the Second Amendment to the 2018-2020 Memorandum of
Understanding between the City of Chula Nista and the Chula Vista Mid-Managers/Professional
Association in the form substantially presented and that the City Manager may male such minor
modifications as may be approved or required by the City Attorney's Office..
Presented by .Approved as to fora b
Courtney Chase Glen.R. Googins
Director of Human .Resources/Risk .Management City Attorney
2020-10-06 Agenda Packet Pae 340 of 629
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'
CHULA 'NISTA AP"P"ROVING THE REVISED FISCAL YEAR.
2020-2021 COMPENSATION SCHEDULE EFFECTIVE
OCTOBER , 2020, AS REQUIRED BY CALIFORNIA CODE
off' REGULATIONS, TITLE 2, SECTION 5700.5
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements and be approved by the
governing body in accordance with the requirements of the applicable public meeting laws; and
WHEREAS, the revised Fiscal Year 2020-2021 Compensation Schedule ("Compensation.
Schedule") was last approved by the City Council at their meeting of July 2 , 2020; and.
WHEREAS, any changes including but not limited to, across-the-.board increases,
classification changes and salary adjustments approved subsequent to this date, will be reflected
on a revised Compensation Schedule and submitted to Council approval; and
WHEREAS, the revised Fiscal. Year 2020-2021 Compensation Schedule reflects the: (1)
addition of the Senior Information Technology Support Specialist 11 (Terminal) position title; 2.
salary range adjustment (decrease) for the Senior Information Technology Support Specialist
position title; and (3) deletion of the Senior police Technology Specialist classification.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section
570.5, the revised Fiscal Year 202o�-2021 Compensation Schedule, a copy of which is available
in the City Clerk's office, to reflect the: (1) addition of the Senior Information Technology
Support Specialist 11 (Terminal) position. title; (2) salary range adjustment (decrease) for the
Senior Information Technology Support Specialist position title; and (3) deletion of the Senior
Police Technology Specialist classification.
Presented by .Approved as to form b
Courtney Chase CGlen.R. CGoogins
Director of Human. Resources/Risk Management City Attorney
2020-10-06 Agenda Packet Pae 341 of 629
Written Communications- Uppitt
BIG TOBACCO -is Desperate Attempt by Big Tobacco to Overrule Governor &
Legislature to Keep Hooking Kids With Candy-Flavored Tobacco
FOR IMMEDIATE RELEASE: September 11, 2020 Contact: Jenna.Thompson,
Big Tobacco Looks to Make $1.2 Billion By Stalling SB 793#Meanwhile,40,000 Kids Will Start Smoking
Public Health Advocates Vow to Defeat Attempt by Big Tobacco to Overturn Landmark Legislation to
Protect Kids
Sacramento, CA— Last month, after decades of lies and tricks, and millions of dollars from Big Tobacco
that have hooked generations of young people on deadly tobacco products, California took a life-saving,
landmark step to protect our youth and save tens of thousands of lives by ending the sale of candy-flavored
tobacco products through SB 793 (Hill). Now, Big Tobacco has launched a referendum of the life-saving
law in a clear attempt to delay implementation and protect the profits allowing them to continue to addict
our kids.
"Since day one, the Big Tobacco industry has fed us notl int! but lies—spending millions to deceive
people about how addictive their products truly are, obfuscating the risks of using e-cigarettes, and the
biggest lie of them all.: that their candy-flavored products don't hook kids," said Carol McGruder, Co-
Chair of the African American Tobacco Control Leadership Council. "Their decades of racist and predatory
targeting of Black people with mentholated tobacco products has resulted in cycles of generational addiction
and death. Thankfully, the Legislature and the Governor saw through their dirty tricks when they passed and
signed SB 793; and if it ever comes time for Califomians to vote on Big Tobacco's cynical ballot referendum —
they'll see right through the cloud of lies too."
If the referendum were to qualify, Big Tobacco will generate 1.2 billion in profits from the sale of
menthol cigarettes alone during the two years that California's implementation of SB 793's flavor ban is
delayed. That's two years of making $50 million per month, or $1.64 million per day, while approximately
40,000 more high school kids will start using e-cigarettes.
"Big Tobacco knows it can't hook kids without candy flavors," said Meredith, Berkman, Parents
Against Vapmg e-C igarettes. "It's spent tens of millions of dollars desperately losing campaigns in over
80 California cities trying to keep selling candy flavors, and now it's trying to overturn this important law
supported by Governor Gavin Newsom, bipartisan majorities of state lawmakers and leaders across the state.
We are confident California's voters will see through Big Tobacco's campaign of lies once again and finally
stop the candy-flavored profit made at the expense of our kids for good."
With the passage of SB 793 (Dill.), California became the second state in the nation to end the sale of
flavored tobacco products, including menthol. The legislation was passed with bipartisan majorities in both the
Assembly and Senate this year and quickly signed by Governor Gavin Newsom after reaching his desk.
"Every day that the tobacco industry stalls this lifesaving law from doing its job, it makes money and
California kids suffer," said Lindsey Freitas, Advocacy Director for Campaign for Tobacco-Free Kids.
"We already know Big Tobacco likes to fight dirty and lie to make a buck, but this is truly a new low. We
must not allow Big Tobacco to cloud this life-saving victory in smoke."
"It is cynical,but not surprising that Big Tobacco has filed to repeal SB 793 after the bill received
overwhelming bipartisan support. The fact that tobacco companies continue these predatory practices -
especially during a global pandemic, confirms they do not care about the kids they are trying to recruit as
2020-1.0-0,6 Agenda Packet Page 342 of 629
Written Communications- Uppitt
lifelong customers," said Kathy Rogers, Executive Vice President, American Heart Association Western States
Region.
"Passage of the landmark SB 793 (Hill) legislation, restricting the sale of flavored tobacco products in
California, is critical to the health of Californians and to protect our youth from a lifetime of tobacco use,"
said Erica Costa, Director of Advocacy for the American Lung Association in California. "Unfortunately a
cynical referendum to repeal this law is being pushed by the tobacco industry solely to protect their profits at
the expense of our children's health."
"Californians are wise to the shameful antics Big Tobacco uses to ensnare kids into a lifetime
addiction to tobacco to protect profits," said American Cancer Society Cancer Action Network Managing
Director Jim Knox. "Even if the tobacco industry is successful in getting enough signatures to qualify its
despicable ploy, I'm confident voters will see through it and side with public health to clear store shelves of
unsafe flavored tobacco products."
"We are strongly opposed to Big Tobacco's cynical ploy to keep highly addictive, candy-flavored
nicotine products in the hands of children," said Dr. Richard Nagy, California Dental Association president.
"With a resounding passage through the Legislature and swift action by Gov. Newsom, it is clear that
Californians prioritize oral health and overall health over corporate greed."
"It is not surprising that Big Tobacco has come forward to challenge a law that protects youth, who
are almost exclusively and explicitly targeted by these flavored tobacco products," said Peter N. Bretan,
Jr. M.D., President of the California Medical Association. "The Legislature and the Governor passed this
landmark protection with broad-based support, and for good reason—the tobacco industry preys on our youth
and their predatory tactics must be stopped. CMA is no stranger to the fight against Big Tobacco and will
continue to champion efforts that protect our youth and improve our public health."
Sent: Thursday, September 17, 2020 12:12 PM
Subject: House Democratic leaders cancelled a vote on the MORE Act, a bill to federally legalize and
commercialize marijuana
(Alexandria, VA) - Today, after weeks of pushback, House Democratic leaders cancelled a vote
on the MORE Act, a bill to federally legalize and commercialize marijuana. Dr. Kevin Sabet,
00
president of Smart Approaches to Marutiana (SAM) and a former senior drug policy advisor to
the Obama Administration released the following statement in, response*
"This is a massive victory for public health, safety, and quite frankly commonsense. Thanks to
the actions taken by our thousands of supporters and the many coalition members we have
activated nationwide, we have defeated the MORE Act.
2020-1.0-0,6 Agenda Packet Page 343 of 629
Written io�ns- �ppitt
"While almost 200,000 .Americans have died from C vIl -19 and millions more are desperate
for aid due to the resulting economic fallout, the fact that marijuana legalization was even on
anyone's mind is inconceivable.
"This bill was anon-starter from the very beginning. It would accomplish nothing more than
greatly benefiting an addiction-for-profit industry and make our country less-safe by removing
marijuana a testing requirements from safety sensitive positions such as truer drivers and airline
pilots.
"Furthermore, encouraging marijuana use in disadvantaged communities is a social injustice. In
states that have expanded this industry, pot slops are disproportionately located in communities
iti.es
of color and low income. Overall, less than two percent of the marijuana industry is owned by
minorities from any community. Those most harmed by previous drug laws are not the ones
benefited by commercialization. This bill would only enrich the wealthy, white investors from
Big Tobacco, alcohol conglomerates, and Big Pharma.
"Today's news tells us many things. Creating new addiction-for-profit drug industries is untenable
with the electorate during an election year. Dace again, we learn that marijuana legalization is not
inevitable - despite what well-paid lobbyists are telling us. And finally, SSM and its allies have
ensured no nes marijuana legalization bills have made significant progress for yet another
congress."
2020-10-06 Agenda Packet Page 344 of 629
Written Communications
Item # 7 Name C&A
,Wro .
Sheree Kansas
Subject: FW: Lockdown complains
-----Original Message-----
From:Carlos Chaparro����������
Sent:Thursday,October 01,2020 11:08 AM
To:CityClerk<CityClerk@chulavistaca.gov>
Subject: Lockdown complains
Warning: External Email
Hello,
Can you please open up our pools,playgrounds and parks?Let us live,let us enjoy the taxes we pay.
Carlos
Sent from my cellphone
2020-10-0,6 Agenda Packet Page 345 of 629
C `0 ' N 1 L
I T Y U
`6 A G E N' DA STI AT
EME,NT0"Polp,
OF
CITY
CHUIAVISTA
October Vii,2 02 0 File ID: 201-0333
TITLE
RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA ACTING IN ITS CAPACITY AS HE
LEGISLATIVE BODY of COMMUNITY FACILITIES DISTRICT No. 17-I (WESTERN CULA VISTA DIF
FINANCING PROGRAM), CERTIFYING THE RESULTS of A SPECIAL ELECTION IN THAT TERRITORY
DESIGNATED AS COMMUNITY FACILITIES DISTRICT No. 17-I (WESTERN CULA VISTA DIF FINANCING
PROGRAM), ANNEXATION NO. oto-o , AND ADDING SUCH TERRITORY To COMMUNITY FACILITIES
DISTRICT NO. 17-I (WESTERN CHULAISTA DIF FINANCING PROGRAM)
RECOMMENDEDT
Council adopt the resolution.
SUMMARY
In March 2016, the City Council formed Community Facilities District 17-I (CFD 17-I), the Western Chula
Vista Development Impact Fee (DIF) Financing Program. CFD 1.7-I was established for the purpose of
financing the payment of certain. DIF obligations for r ulti-fa n.ily, commercial or industrial properties in
Western Chula Vista (i.e.,the area generally located between Interstate 5 and Interstate 805),and the Chula
Vista Auto Park, which is situated to the east of Interstate 805 and to the unrest of Heritage Read. In March
2016,the City Council also authorized the annexation of territory within the Future Annexation Areas in the
future pursuant to the provisions and authorization of article IS of the Mello-Roos Community Facilities.Act
of 1982 (the":Acts').The following property is proposing to annex into CFD 17-I:
i Annexation No. 20,20-02, parcels located within western: Chula Vista known as Bonita Glen.. Bonita
Glen is approximately 4.73 acres located on the north side of Bonita Glen Drive dust unrest of its
intersection with Vista Drive and south of the La Quinta Inn and the I-805 Freeway.
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 acti rityr is nota"Project's as defined
under Section 15,378 of the State CEQA Guidelines; herefore, pursuant to Section 1.50 o(c)( ) of the State
CEQA Guidelines,the activity is not subject to CEQA.
P 1
2020-10-06 Agenda Packet Page 346 of 629
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Investment in Western Chula Vista presents a financing challenge for potential investors and developers.
Financing challenges derive primarily from the lending industry's increased equity requirements imposed
upon infill development projects in Western Chula Vista.To help address the additional equity burden being
placed on infill development in this area,the City Council formed CF'D 17-1,which allows the deferral of RIFs
to incentivize future investment in this area.
The deferral of the DIF payment reduces the additional equity burden by an amount equal to the DIF,s. CFD
17-1 enables the developer to shift the DIF burden from the construction/development cost side of their
ledger to the operating side of the development. CFD 17-1 is unique in that it is not used as a mechanism to
issue debt,but rather as a way to finance RIFs over time.
When CFD 17-1 was formed in March 2016, only one property was included within CFD 17-1. However,the
City Council authorized the annexation of territory in the "Future Annexation Area" into CFD 17-1 at a later
date, if desired. Such Future Annexation Area includes multi-family, commercial or industrial properties in
Western Chula Vista (i.e.,the area generally located between Interstate 5 and Interstate 805),and the Chula
Vista Auto Park,which is situated to the east of Interstate 805 and to west of Heritage Road. Property owners
can voluntarily annex into CFD 17-1 through an election process.An owner of a residential, commercial, or
industrial property located within the Future Annexation Area may apply to have such property annexed to
CFD 17-1. Such owner may waive the public hearing otherwise required for annexations and may waive the
time limit for conducting the election to authorize the levy of special taxes within the property proposed to
be annexed into CFD 17-1. Prior to the proposed annexation,, four properties annexed into CFD 17-1,
including:
1. Annexation No.2017-01: the Urbana Apartments located at 371,385,and 395 H Street annexed into
CFD 17-1 (2017).
2. Annexation No.2018-01: 62 multi-family residences located at 26�0-270 Broadway annexed into CFD
17-1 (2018).
3. Annexation No. 2018-02: 43 multi-family residences located at 288 Center Street, 336 Church
Avenue, 338 Church Avenue, and 342 Church Avenue annexed into CFD 17-1 (2018).
4. Annexation No. 2018-03: 29 multi-family residences located at 230 Church Avenue annexed into
CFD 17-1 (2018).
The proposed annexation would increase cumulative CFD 17-1 annexations from four to five. 'The project
seeking annexation into CFD 17-1 is as follows:
Annexation No. 2020-02
This project is located on the north side of Bonita Glen Drive, just west of its intersection with Vista Drive
and south of the La Quinta Inn and the 1-805 Freeway and consists of 170 multi-family residences. The
P 12
2020-1.0-0,6 Agenda Packet Page 347 of 629
project occupies Assessor's Parcel Numbers 570-131-11,570-140-40,570-140-48,570-140-51,and 570-140-54,
which have a combined area of 4.73 acres.The applicant has indicated a tentative construction start date of
November 4, 2020 and a 20-month construction schedule.The applicant also estimates the total project cost
to be$56 million.
Annexation Process
The owner of the property,as the qualified elector for the election to authorize the levy of the special tax on
the property proposed to be annexed into CFD 17-1, has waived the public hearing and the time limit for
conducting such an election. Ballot documents were transmitted to the property owners and completed and
returned by the property owner to the City Clerk on or before October 6, 2020.The City Clerk canvassed the
ballot and determined that the property owner had cast the ballot in favor of authorizing the levy of the
special tax on the property proposed for annexation into CFD 17-1. By adoption of the attached resolution,
the City Council will be determining the results of'the election and determining and declaring that such
property is added to and become a part of CFD 17-1.
The CFD 17-1 program is available for five years.When CFD 17-1 was adopted,the City Council placed a cap
of 200 residential units per year. This annexation includes a total of 170 units,with no other units proposed
for annexation in 2020.
DECISION-MAKER CONFLICT"
Annexation No. 2020-02
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 sea.).
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
Many DIFs are paid by the applicant at Certificate of Occupancy stage of development. For this annexation,
Certificate of Occupancy would occur following construction,which,based on applicant estimates,would be
approximately 20 months from November 2020. Additionally,the developer is required to advance funds to
the City to cover the costs incurred by the City in undertaking the annexation proceedings.Therefore,there
is no Current Year Fiscal Impact as a result of this action.
ONGOING FISCAL IMPACT
The Western Chula Vista Financing Program will defer payment of following three DIFs: the Public Facilities
Development Impact Fee (PFDIF),the Parkland Acquisition and Development Fee (PAD) and the portion of
the Western Transportation Development Impact Fee (WTDIF that is not allocated to the San Diego
Page 13
2020-1.0-0,6 Agenda Packet Page 348 of 629
Association of Governments (SANDAG) pursuant to the, Regional Transportation Congestion Improvement
Program, as required by SANDAG's TransNet Extension Ordinance., This deferral would be for a period of
thirty years incurring two percent interest, per annum, upon receipt of occupancy. There would be no
obligation to make a payment on the deferment in years 1 through 10. However, the deferred fees are
required to be repaid in years 11 through 30. If a property is sold or subdivided,the obligation to repay the
fees runs with the land., The non-p�ayment period aligns with standard commercial lending practices. It is
anticipated that some projects will repay the deferred fees in year ten when the p,roj,ect is refinanced.
New developments are assessed development DIFs for the incremental impacts resulting from said
development. RIFs do not pay for or resolve the deficiencies of facilities that may exist today. As stated
above, all new development will continue, to mitigate for on-site impacts resulting from each respective
project.
Should the CFD 17-1 program be successful, it is anticipated to generate new development, which would
translate into an increase in assessed valuation and have a positive impact on the neighboring property
values, while also helping new residents and employees support the surrounding businesses located along
the retail corridors.
DIFs to be deferred for the proposed annexation is as follows:
Annexation 20�2O�-02
WTDIF Deferral PF'DIF'Deferral PAD Deferral Total Deferral
$25)783.90 $1)796)730 1)642,030 $3)464)543.90
The construction costs for the project represents a$56 million investment in Western Chula Vista.
ATTACHMENTS
1. RMA
2. Attachment A to Resolution- Certificate of Election Official and Statement of Votes Cast
3. Attachment B to Resolution-Annexation Map
Staff Contact:Kimberly Vander Bie,Associate Planner
P 4
2020-1.0-0,6 Agenda Packet Page 349 of 629
RESOLUTION NO. 2020 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-ULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES, DISTRICT NO. 17-I (WESTERN CHULA VISTA
IIF FINANCING PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY
FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA IIF
FINANCING PROGRAM), ANNEXATION NO. 2020-02, AND ADDING
SUCH TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHL..LA VISTA SIF FINANCING G RO
(Annexation No. 2020-02)
WHEREAS, the City Council of the City of Chula Vista., California (the "City Council"
has previously formed Community Facilities District No. 1.7-I (Western Chula Vista IIF
Financing Program) ("CFD No. 174") pursuant to theMello-Roos Community Facilities Act of
1982 (the "Act"), as amended, and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law") for the
purpose of financing the payment of certain development impact fee obligations; and
WHEREAS, acting pursuant to the Community Facilities District Later, the City Council.
also authorized by the adoption of Resolution No. 2016-051 (the "Resolution Authorizing Future
Annexation' ) the annexation in the future of territory to CFI. No. 17-1, such territory designated
as Future Annexation Area, Community Facilities District No. 17-I (the "Future Annexation
Area"); and
WHEREAS, the owner of that property located. within western Chula Vista known as
Bonita glen which is approximately 4.73 acres located on the north side of Bonita Olen Drive
just west of its intersection wits Vista Drive and south of the L,a Quinta Inn and the 1-805
Freeway, which is within the "Future Annexation Area.," made application pursuant to the
Community Facilities District Law to annex such territory to CFD No. 17-I and such property has
been designated as Annexation No. 2020-02 (the "Territory"); and
WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFI
No. 1.7-1 has been.received from the property owner of the Territory, and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Territory for each of the ninety(90) days preceding the election date established for the Territory;
therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as
such term is defined in Government Code Section 53317(f), of such Territory and such landowner
who is the owner of record as of the applicable election date, or the authorized representative
thereof, shall.have one vote for each acre or portion of an acre of the parol, of land that landowner
owns within such Territory; an
2020-10-06 Agenda Packet Pae 350 of 629
Resolution No. 2020 -
Pa e 2
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the Territory to the qualified elector thereof and the requirements for
impartial analysis and ballot arguments have been waived with the unanimous consent of the
qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be distributed
to the qualified elector of the Territory, has received and canvassed such ballot and made a report
to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A
hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable vote of the qualified elector of the Territory, and the City Council desires to declare the
results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2020-02
(the "AnnexationMap"), a copy of which is attached as Exhibit B hereto and incorporated herein
by this reference, has been submitted to this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
California, 'acting in its capacity as the legislative body of Community Facilities District No. 17-1
(Western Chula Vista IF Financing Program), certifying the results of a special election in that
territory designated as Community Facilities District No. 17-1(Western Chula Vista DIF Financing
Program), Annexation No. 2020-02, and adding such territory to Community Facilities District
No. 17-1 (Western Chula Vista DIF Financing Program) as, follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findi . This legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the
Territory to CFD No. 17-1 has been given by the owner of the Territory and such consent shall be
kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each
of the ninety(90o)days preceding the election date established for each of the parcels located within
the Territory; therefore, pursuant to the Act the qualified elector for the Territory shall be the
"landowner" of the Territory as such term is defined in Government Code Section 53,3,17(f).
C. The qualified elector of the Territory has voted in favor of the levy of special taxes
on the Territory upon its annexation to CFD No. 17-1.
Section 3. Territor The boundaries and parcels of property within the Territory and
on which special taxes will be levied in order to finance the payment of development impact fees
which will. pay for public facilities are shown on the Annexation Map as submitted to and hereby
approved by this legislative body.
2
2020-1.0-0,6 Agenda Packet Page 351 of 629
Resolution No. 2020 -
Pa e
3
Section 4. Declaration of Annexation. This legislative body does hereby determine and
declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No.
17-1. The City Council, acting as the legislative body of CFD No. 17-1, is hereby empowered to
levy the authorized special tax within the Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given
as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of the County
Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (15) days after the date of
adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
PREPARED BY: APPROVED AS TO FORM BY:
Tiffany Allen, Glen R. Googins,
Director of Development Services City Attorney
,3
2020-1.0-0,6 Agenda Packet Page 352 of 629
Rate and Method of
a
ol ftion merit om SpIwai ciall Tax
11"11111101 a t'l""es D"str"d No. 17-1
1�wla a 1 1 1 1
No. 2020-02
a to
(Weslteriiii Cl�iiUlalfista DIF H I illianaillig)
A Special Tax shall be levied on each Assessor's Parcel of Taxable Property within the boundaries of
Community Facilities District No. 17-1 (Western Chula Vista DIF Financing)of the City of Chula Vista
(the "City"), and collected each FY commencing in Special Tax Commencement FY applicable to
such Assessor's Parcel., in an amount determined by the CFD Administrator through the application
of the procedures described below.All of the real property within CFD No. 17-1, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accrued Interest Obligation"means for each Assessor's Parcel,the amount of interest accrued on
the Deferred DIF'Obligation from the date of the issuance or grant of a Certificate of Occupancy for
such property as determined in accordance with Section 3.D below.
"Acre"or"Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicab,le Final Map. An Acre means 43,560 square feet of land.
"Act" means the Mello-Roos Community Facilities Act of 19,82, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Annexation Map" means that map, entitled Annexation Map No. 2020-02 of Community
Facilities District No 17-1 of the City of Chula Vista recorded as Document No. on the
day of 1 2020 in Book of Maps of Assessment Districts and Community
Facilities Districts at Page in the Office of the County Recorder in the County of San Diego.
"Annexation Territory" means the territory depicted within the annexation boundaries as shown
on the Annexation Map that has been annexed to CFD No. 17-1.
"Annual Special Tax" means the Special Tax actually levied in any FY on any Assessor's Parcel
which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for
Accrued Interest in accordance with Section 3.E below.
"Annual Special Tax for Facilities" means the amount of the Special Tax levied on an Assessor's
Parcel of Developed Property in any FY., commencing with the Special Tax Commencement FY,,to
2020-1.0-0,6 Agenda Packet Page 353 of 629
satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth
in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto.
"Annual Special Tax for Accrued Interest" means the amount levied on an Assessor's Parcel of
Developed Property in any FY, commencing with the Special Tax Commencement FY,to satisfy the
repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in
Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto.
"Annual Special Tax for Current Interest"' means the amount levied on an Assessor's Parcel of
Developed Property in any FY, commencing with the Special Tax Commencement FY,,to satisfy the
requirement to pay interest on unpaid deferred fees during the 20-year repayment period
commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax
Final Year.
"Assessor" means the Assessor of the County of San Diego.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's
Parcel Number.
"Assessor's Parcel Number" means the number assigned to an Assessor's (Parcel by the Assessor
for purposes of identification.
"Assigned Special Tax Obligation" means for each Assessor's Parcel, the amount determined in
accordance with Section 3.13 below.
"Building Permit" means a building permit issued by the City for construction of a Residential Unit
or Non-Residential Property located within CFD No., 17-1.
"Buildout" shall mean the date on which all Certificates of Occupancy for all Residential Units
constructed on all Assessor's Parcels within the Annexation Territory have been issued or for
which approval has been granted.,
"Certificate of Occupancy" means a certificate issued or approval granted by the City, or other
applicable government entity, that authorizes, the actual occupancy of a Residential Unit for
habitation by one or more residents or the occupancy of Non-Residential Property.
CFD Administrator" means an authorized representative of the City, or designee thereof,
responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for
preparing the Annual Special Tax roll and/or calculating the Backup Special Tax.
"CFD No. 17-1" means the City of Chula Vista Community Facilities District No. 17-1 (Western Chula
Vista DIF Financing).
"City" means the City of Chula Vista, California.
"Council" means the City Council of the City acting as the legislative body of CFD No. 17-1 under
2
2020-1.0-0,6 Agenda Packet Page 354 of 629
the Act.
"County" means the County of San Diego, California.
"Deferred DIF Obligation" means for each Assessor's Parcel, the remaining balance of DIFs that
have been deferred on such Assessor's Parcel since Building Permit issuance as determined in
accordance with Section 3.0 below.
"Developed Property" means for each FY, all Taxable Property for which a Building Permit was
issued prior to May 1 of the previous FY.An Assessor's Parcel classified as Developed Property but
for which the Building Permit that caused such Assessor's Parcel to be classified as Developed
Property has been cancelled and/or voided prior to the FY for which Special Taxes are being levied
shall be reclassified as Undeveloped Property.
"DIF" or "DiFs" shall mean (i) the Public Facilities Development Impact Fee pursuant to
Chula vista Municipal Code ("CVMC") section 3.50, et seq. ("PFDIF"); (ii) the Western
Transportation Development Impact Fee pursuant to CVMC section 3.55, et seq. ("TDI F");
and (iii) the Park Development Fee pursuant to CVMC section 17.10, et seq. ("PAD" and
together with the PFDIF and TDIF,, the " IFs" and the obligation to pay the DIFs, the, "TIF
Obligation") applicable to each Assessor's Parcel of Taxable Property.
"Effective Date"' shall mean the effective date of the annexation of the Annexation Territory to
CFD No. 17-1.
"Exempt Property" means for each FY, all Assessor's (Parcels designated as being exempt from
Special Taxes, pursuant to Section 8 below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" or"FY" means the period starting on July 1 and ending the following June 30.
"Initial Fiscal Year" means, as to any Assessor's Parcel ,the FY in which the Effective Date falls.
"Initial Interest Accrual Date" shall mean, as to any Assessor's Parcel of Developed Property,the
date on which the Certificate of Occupancy for such Assessor's Parcel is issued.
"Initial Accrued Interest Obligation FY" shall mean, as to any Assessor's Parcel of Developed
Property, the FY in which the Initial Interest Accrual Date for such Assessor's Parcel falls.
"Maximum Special Tax Obligation" means as to each Assessor's Parcel of Taxable Property,
the amount assigned in accordance with Sections 3.,A below.
"(Von Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for the purpose of constructing one or more non-residential
structures or facilities.
"Original Parcel" means an Assessor's Parcel within the boundaries of Annexation
Territory that was assigned a Maximum Special Tax Obligation and an Assigned Special Tax
Obligation in the prior FY but has been subsequently subdivided into Successor Parcels or merged
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2020-1.0-0,6 Agenda Packet Page 355 of 629
into a Successor Parcel for the current FY.
"Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor's Parcel as described in Section 6.A below.
"Public Property" means any property within the boundaries of the Annexation Territory,,which is
owned by, or irrevocably offered for dedication to the federal government, the State of
California, the County, the City or any other public agency; provided however that any
property owned by a public agency and leased to a private entity and subject to taxation under
Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
"Residential Unit" means each separate residential dwelling unit that comprises ses an independent,
facility capable, of conveyance or rental, separate from adjacent residential dwelling units.
"Special Tax" means any special tax levied within the Annexation Territory pursuant to the Act
and this Rate and Method of Apportionment of Special Tax.
"Special Tax Commencement FY" shall mean, as to each Assessor's Parcel classified as Developed
Property,the FY falling after the first day of the eleventh calendar year after the date of the issuance
of the Certificate of Occupancy applicable to such Assessor's Parcel.
"Special Tax Final FY" shall mean, as to each Assessor's Parcel of Developed Property, the FY
commencing on July 1 of nineteenth (19th) FY following the Special Tax Commencement FY.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of Developed Property
to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor's
Parcel.,
"Successor Parcel" means an Assessor's Parcel created by the subdivision of one or more Original
Parcels or the merger into an Original Parcel pursuant to Section 4 below.
State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Annexation
Territory, which are not exempt from the levy of the Special Tax pursuant to law or Section 8
below.
"'Undeveloped Property" means, for each FY, all Taxable Property not classified as Developed
Property.
2. LAND USE CLASSIFICATION
Each FY, beginning with FY 2021-22, each Assessor's Parcel within the Annexation Territory shall be,
classified as Taxable Property or Exempt Property. In addition,all Taxable Property shall further be
classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be,
subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment
of Special Tax determined pursuant to,Sections 3 and 4 below.
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3. SPECIAL TAX RATES
A. M a x,[,in uVIII S e c*1 a ax, Gbl�Igation
The Maximum Special Tax Obligation applicable to an Assessor's Parcel of Taxable
Property in the Initial FY shall be determined pursuant to Table 1 below.
Table 1
Initial FY Maximum Special Tax Obligation
Maximum Special
Assessor's Parcel No.' Tax Obligation
570-131-11 $652,.860.91
570-140-40 $271,.079.06
570-140-48 $1,.680,.834.63
570-140-51 $782,.982.89
570-140-54 $76,.786.41
Prior to Buildout, the Maximum Special Tax Obligation applicable to an Ori'gi'nal Parcel of
Taxable Property shall be subject to adjustment by the CFD Administrator in the FY
following the su�bdi'visi'on or merger of such Original Parcel or Original Parcels, as the case
may be, based upon the,area of such Original Parcel or Original Parcels relative to the area
of the Successor Parcel or Successor Parcels for the FY following such adjustment.
Following Buildout, the CFD Administrator shall adjust the Maximlum Special Tax
Obligations for each Assessor's Parcels of Developed Property by multiplying the
aggregate Maximum Special Tax Obligations for all such Assessor's Parcels times a fraction
the numerator of which is the number of Residential Units located on an Assessor's Parcel
and the denominator of which is the aggregate number of Residential Units located on all
such Assessor's Parcels.
The Maximum Special Tax Obligation applicable to an Assessor's Parcel of Taxable Property
shall be subject to escalation by the increase in any DIF included in the Deferred DIF
Obligation between amount of such DIF in effect on the Effective Date and the amount of
such DIF in effect on the date of issuance of the first Building Permit for development of
such Assessor's Parcel.,
Commencing on July 1 of the FY following the Initial Interest Accrual Date, the
Maximum Special Tax Obligation for such Assessor's Parcel shall increase on July 1 of
each FY by an amount equal to two percent (2%) of the Maximum Special Tax
Obligation in effect for the prior FY.
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B. Assilgned S�pec 1"al Tax 0131ilgatilodour
On July 1 of each FY commencing the Special Tax Commencement F'Y,, the CFD
Administrator all determine the Assigned Special Tax Obligation for that FY.
The Assigned Special Tax Obligation in any given FY commencing the Special Tax
Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued
Interest Obligation. If for any FY the Assigned Special Tax Obligation is determined to be
greater than the (Maximum Special Tax Obligation, then the Assigned Special Tax
Obligation shall be equal to such (Maximum Special Tax Obligation.
q q
C. 111,110)0"erired 111,110)IF 0131ilgatiion
The Deferred DIF Obligation applicable to an Assessor's Parcel classified as Undeveloped
Property shall be zero.
The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as
Developed Property shall be determined by the CFD Administrator at the time of issuance
of a Building Permit for such Assessor's Parcel,The Deferred DIF Obligation shall be equal
to the sum of the applicable RIFs for each Building Permit issued for Assessor's Parcels
within the Annexation Territory. The amount of each DIF for an Assessor's Parcel shall be
based on the fee schedule applicable to such DIF in effect at the time of issuance of such
Building Permit.
The Deferred DIF Obligation in any FY applicable to an Assessor's Parcel of Developed
Property shall be equal to the Deferred DIF Obligation in the prior FY less any Annual
Special Tax for Facilities payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.13 below,the Deferred DIF Obligation
will be reduced by the applicable amount of the Deferred DIF Obligation that was
prepaid.
Diiiiii, Aco��Pued hill"Irterest UWIgaldlllon
The Accrued Interest Obligation in the Initial FY and each subsequent FY prior to the Initial
Accrued Interest Obligation FY applicable to an Assessor's Parcel classified as Developed
Property for which a Certificate of Occupancy has not been issued prior to July 1 of such FY
shall be zero.
The Accrued Interest Obligation applicable to any Assessor's Parcel classified as Developed
Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued
Interest Obligation applicable to such Assessor's Parcel in the Initial Accrued Interest
Obligation FY shall be equal to two percent (2%)of the Deferred DIF Obligation as of July I
of such FY multiplied by a fraction the numerator of which is the number of calendar days
from and including the Initial Interest Accrual Date to and including June 30th of such FY
and the denominator of which is 365. The Accrued Interest Obligation for each subsequent
FY prior to the Special Tax Commencement FY shall be equal to the Accrued Interest
Obligation in the prior FY plus two percent (2%) of the Deferred DIF Obligation as of July 1
6
2020-1.0-0,6 Agenda Packet Page 358 of 629
of the, prior Y.
The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent
FY applicable to an Assessor's Parcel classified as Developed Property shall be equal to the
Accrued Interest Obligation as of July 1 of the prior FY less any Annual Special Tax for
Accrued Interest payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.13 below,the Deferred DIF Obligation
will also be reduced by the applicable amount of the Accrued Interest Obligation that was
prepaid.
E. iiiii iiiii jec*41"'I"'ax,
The Annual Special Tax for Developed Property in any FY commencing the Special Tax
Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the
Annual Special Tax for Accrued Interest plus(iiia)the Annual Special Tax for Current Interest.
The Annual Special Tax for Facilities in any FY commencing the Special Tax Commencement
FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax
Commencement FY times the Repayment Rate specified in Table 2 below that corresponds
with such F . In each subsequent FY, the Annual Special Tax for Facilities will remain
unchanged until the Deferred DIF Obligation is paid in full.
The Annual Special Tax for Accrued Interest in any IF Y commencing the Special Tax
Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the
Special Tax Commencement FY times the Repayment Rate specified in Table 2 below that
corresponds with such FY. In each subsequent FY, the Annual Special Tax for Accrued
Interest will remain unchanged until the Accrued Interest Obligation is paid in full.
The Annual Special Tax for Current Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Deferred COIF Obligation on July 1 of such FY times
the Current Interest Rate in Table 2 below that corresponds with such FY.
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Table 2
Amortization Table
Fiscal Year Repayment Rate
Current Interest
Rate
Initial Accrued Interest
Obligation FY
through the FY preceding the 0% 0
Special Tax Commencement
FY
Special Tax Commencement.
FY through the Special Tax 5% 2°
Final FY
4. METHOD OF APPORTIONMENT
Commencing with the Special Tax Commencement FY and for each following FY, the CFD,
Administrator,shall apportion the Assigned Special Tax obligation as set forth below.
First:All original Parcels that are reflected on the Assessor's Parcel Maps applicable to the current
FY will be assigned a Maximum Special Tax obligation and Assigned Special Tax obligation in
accordance with Section 3 above.
Second: All original Parcels that are not reflected on the Assessor's Parcel Maps applicable to the
current FY will be assigned a Maximum Special Tax obligation and Assigned Special Tax Obligation
in accordance with Section 3 above as if such parcels still existed in their previous form.
Third: The Maximum Special Tax obligation and Assigned Special Tax Obligation that were
calculated in the Second step above will be assigned to each applicable Successor Parcel based on
the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of
Taxable Acreage contained in the relevant origiinal Parcel(s). The sum of the Maximum Special
Tax obligations of each group of Successor(Parcels shall be equal to(Maximum Special Tax obligation
of the applicable original (Parcels that was determined in the Second step. Likewise, the sum of
the Assigned Special Tax obligations of each group of Successor Parcels shall be equal to
Assigned Special Tax obligation of the applicable original Parcel(s) determined in the Second
step
Fourth:The Special Tax shall be levied on each Assessor's Parcel of Developed Property at 100 of
the applicable Annual Special Tax.
Successor Parcels that are assigned a Maximum Special Tax obligation and an Assigned Special Tax.
Obligation in the current FY will be considered original Parcels in the following FY.
5. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
8
2020-10-06 Agenda Packet Pae 360 of 629
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however,that the Council may provide for (i) other means of collecting the Special Tax, including
direct billings thereof to the property owners; and (ii) Judicial foreclosure of delinquent Annual
Special Taxes.
6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. ildiilli Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344.
The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only if there are no delinquent Special Taxes with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible to
prepay the Special Tax Obligation shall provide cle the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be acting as
the escrow agent, if any.The CFD Administrator shall provide the owner with a statement
of the Prepayment Amount for such Assessor's Parcel within thirty(30)days of the request,
and may charge a reasonable fee for providing this service. The Prepayment Amount
(defined below) shall be calculated for each applicable Assessor's Parcel or group of
Assessor's Parcels as summarized below (capitalized terms as defined below):
Deferred DIF Obligation
Plus Accrued Interest Obligation
Plus Prepayment Administrative Fees and Expenses
Total: Equals Prepayment Amount
As of the proposed date of prepayment,the Prepayment Amount (defined in Step 14
below) shall be calculated as follows:
2020-1.0-0,6 Agenda Packet Page 361 of 629
Step No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's
Parcel.
2. For Assessor's Parcels of Developed Property, determine the Deferred
DIF Obligation and the Accrued Interest Obligation. For Assessor's Parcels
of Undeveloped Property for which a Building Permit has been issued,
compute the Deferred DIF Obligation for that Assessor's Parcel as though
it was already designated as Developed Property, based upon the Building
Permit which has already been issued for that Assessor's Parcel.
3. Calculate the administrative fees and expenses of CFD No. 17-1, including
the costs of' computation of the prepayment and the costs of recording
any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees").
4. The amount to prepay the Special Tax Obligation is equal to the sum of
the amounts computed pursuant to paragraphs 1, 2 and 3 (the
"Prepayment Amount").
The CFD Administrator will confirm that all previously levied Special Taxes have
been paid in full. With respect to any Assessor's IPareel for which the Special Tax
Obligation is prepaid in full, once the CFD Administrator has confirmed that all
previously levied Special Taxes have been paid, the Council shall cause a notice of
cancellation of Special Tax lien to be recorded in compl�iance with the Act, to
indicate the prepayment of the Special Tax and the release of the Special Tax lien
on such Assessor's (Parcel, and the obligation of the owner of such Assessor's Parcel
to pay the Special Tax shall cease.
B. Partial
The Special Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for
which a building permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP the partial prepayment
RE the Prepayment Amount calculated according to Section 6.A
F = the percentage by which the owner of the Assessor's Parcel(s) is
partially prepaying the Special Tax Obligation
A=the Prepayment Administrative Fees and Expenses from Section 6.A
The owner of any Assessor's Parcel who desires such partial prepayment shall notify the
CFD Administrator of(i)such owner's intent to partially prepay the Special Tax Obligation,,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the
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2020-1.0-0,6 Agenda Packet Page 362 of 629
company or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty(60) days of
the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 6.A.,, and (ii)indicate in the records of CFD No.
17-1 that there has been a partial prepayment of the Special Tax Obligation and that the
remaining Special Tax Obligation of' such Assessor's Parcel, equal to the outstanding
percentage (1.00 - F) of the Deferred DIF Obligation and the Accrued Interest Obligation,
shall continue to be levied on such Assessor's Parcel in the same manner as before the
Partial Prepayment.,
7. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation
for a period not to exceed thirty (30), FYs commencing with Special Tax Commencement FY,
provided however that the Special Tax will cease to be levied in an earlier FY if the CFD
Administrator has determined that all CIFID No. 17-1 obligations have been satisfied.
8. EXEMPTIONS
The CFD Administrator shall classify only Assessor's Parcels of Public Property as Exempt Property
(i) Assessor's, Parcels of Pulic Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no
longer classified as Public Property, per the first paragraph of Section 8 above such Assessor's
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or
her Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error
not later than thirty-six (36) months after first having paid the first installment of the Special Tax
that is disputed. If following such consultation the CFD Administrator determines that an error has
occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in
order,to correct the error:
(i) Amend the Special Tax levy on the landowner's Assessor's Parcel(s)for the current
FY prior to the payment date,,
(iii) Require the CFD to reimburse the landowner forthe amount of the overpayment to
the extent of available CFD funds, or
iii), Grant a credit against, eliminate or reduce the future Special Taxes on the
landowner's Assessor's Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
2020-1.0-0,6 Agenda Packet Page 363 of 629
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists.,the CFD Administrator shall take any of the actions described as (i), (ii) and (iii)
above, in order of priority,, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of' clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final.
12,
2020-1.0-0,6 Agenda Packet Page 364 of 629
ATTAC H M E INIT A
DEFERRED DIF OBLIGATION AS CSF'THE EFFECTIVE DATE
Total Initial
Assessor's Deferred DIF
Parcel Number PFDIF TDIF PAD Obligation
APN 570-131-11 $338.,576.97 $,4,,858.73
$3,09,,425.20 $652,860.91
APN 570-140-40 $140.,582.97 $,2,,017.43 $12.8,47'8.00 $271,079.06
89.34 $12,509.14
APN 570-140-48 $871,+ $796,636.14 $1,680,834.63
APN 570-140-51 $406,058.89 $5,827.13 $371,096.87 $782,'982.8'9
APN 570-140-54 $3'9,821.82 $571.46 $36,393.13 $76,;786.41
13
2020-1.0-0,6 Agenda Packet Page 365 of 629
EXHIBIT "A"
CERTIFICATE F ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE CSI CALIFORNIA
ss.
COUNTY OF SAN DIEGO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHUL.A VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Cade and Division 12, commencing with ection 17000 of the Elections
Cade of the State of California, I di canvass the returns of the votes cast at the
COMMUNITY FACILITIES DISTRICT NO. 1.7-I
(WESTERN CHULA VISTA LIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2020 - 02
held on the election date established for each parcel located within the territory included in Annexation
No. 2020 - 02
I FURTHER CERTIFY that this Statement of Votes Cast shows the whale number of votes cast in the
area proposed to be annexed to Community Facilities District No. 17-I Western Chula Vista LIF
Financing Programa for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION N 1 FS
NO
WITNESS mfr hand this 6th day of October , 2020.
ELECTION OFFICIAL
CITY CLERK
CITY OF CHULA VISTA
F THE STATE € F CALIFORNIA
60297.00044\24627139.2
2020-10-06 Agenda Packet Page 366 of 629
VICINITY MAP ANNEXATION MAP 2020-02 OF SHEET 1 OF 1
COMMUNITY FACILITIES DISTRICT NO. 17-1
(WESTERN CHULA VISTA DIF FINANCING)
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA
p�l
A eON/TA RO
FST
BONITA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA THIS
DAY 20_.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
�o
s
SITE .. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF
ANNEXATION 2020-02 TO COMMUNITY FACILITIES DISTRICT NO.17-1 (WESTERN
CHULA VISTA DIF FINANCING)OF THE CITY OF CHULA VISTA,COUNTY OF SAN
DIEGO,STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AT A REGULAR MEETING THEREOF,HELD ON THE DAY
H OF—,20—,BY ITS RESOLUTION NO.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
. _..._.,
FILED THIS DAY OF 20-AT THE HOUR OF O'CLOCK_.M.
_..m IN BOOK , PAGE OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY
OF SAN DIEGO,CALIFORNIA.
COUNTY RECORDER
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL ENCOMPASSED BY THIS
`•-/ -' MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN DIEGO
COUNTY ASSESSOR'S MAPS.
THE SAN DIEGO COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS
CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
O
o MAP REFERENCE ASSESSOR'S
3 N UMBER PARCEL NUMBER
_.........� L _._. 1 5701311100
--- 2 5701404000
4
3 5701404800
...............
5701405100
5 5701405400
E
t
Legend
ANNEXATION BOUNDARY WILLDAN
O Financial SerVIC@S
MAP REFERENCE NUMBER
2020-10-06 Agenda Packet Page 367 of 629
NO
(-'40��U NCI' L
1,TY
AGEND(,A ST,A"rEM,E,N'T
CIT Y OF
CHULAVISTA
October 6, 2 O2 O File IIS: 20-03 .6
TI'TLE
ORDINANCE OF THE CITY OF CHULAVISTA AMENDING CHAPTER 15.26 of THE CHULA VISTA MUNICIPAL
CODE To ESTABLISH ENERGY UPGRADE REQUIREMENTS Fo ADDITIONS AND REMODELS TO SINGLE
FAMILY HOMES AND CONDOS (F"IRS"T READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
The City's most recent Climate Action Plan was adopted in 2017 and lays out a path to reduce greenhouse
as emissions. one of the innovative GHG reduction strategies from the energy sector included
requiring energy-savings retrofits in existing buildings. This action buildson previous !pity climate actions
that focused on increased energy standards for new buildings by expanding similar requirements to existing
buildings. As the City works to mare new homes more energy efficient this ordinance will also ,allow us to
improve the energy efficiency of older homes that can see the most benefits. The proposed increased energy
efficiency standards would affect some pre- ooh residential properties that are undergoing additions or
remodels.
Based on the attached cost effectiveness studies created by the California Public Utilities Commission(CPUC)
and Investor owned Utilities,!pity staff has determined that the proposed requirements exceed existing Title
4 energy requirements and are cost effective and are anticipated to lower utility bills for applicable Chula
Vista residents. The proposed ordinance requires that homes built before 2006 mare a number of energy
efficiency upgrades when they are also pursuing an addition or remodeling of their home. A significant
threshold was selected to focus on the larger projects that will be able to incorporate these energy efficiency
items and receive the most benefit., To add more flexibility, the ordinance allows residents to select the
energy efficiency improvements they would lire to include in their project from a list of measures. While
staff recommends each project implement all measures on the list, only a specific number of measures are
required. Additionally, exemptions have been added for low-income homeowners, homes where similar
measures have already been completed and homes that cannot male the upgrades for technical or financial
reasons. In ten years,it is estimated that these requirements could save approximately 641 metric tons CO'2e
emissions and $559,000 in utility costs per year, by 2040, those figures rise to 1,340 metric tons and $1.1
million in bill savings annually. These savings exceed Title 24 energy savings but assume that projects will
include all recommended energy efficiency measures in their, projects, if residents choose to select less
measures there will be an estimated reduction of energy savings.When modeling homeowners not choosing
2020-10-06 Agenda Packet Page 368 of 629
to add insulation to parts of the home not being remodeled reduced energy savings by 50% so it will be
incumbent on staff to have a robust education campaign that will show the homeowner the benefit of
installing this more expensive solution.
ENVIRONMEN'TAL REVIEW
The Development Services Director has reviewed the proposed Project for compliance with the California
Environmental Quality Act(C QA)and has determined that the Project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15308 Class 8 (Actions by Regulatory Agencies for Protection of
the Environment) and Section 15301 Class 1 (Existing Facilities). The proposal seeks to help address the
local threat of climate change by reducing greenhouse gas (GHG) emissions and lowering vulnerability to
anticipated climate change impacts. Thus, no further environmental review is necessary. In addition,
notwithstanding the foregoing, the Development Services Director has also determined that the Project
qualifies for an Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State
Guidelines.,
BOARD/COMMISSION/COMMITTEE RECOMMENDAUON
The Sustainability Commission (SSC) on September 9th, 2019 unanimously supported the proposed
requirements.
The Board of Appeals and Advisors on February loth, 2020 recommended that City Council adopt the
ordinance.,
DISCUSSION
The 2017 Climate Action Plan (CAIS) and related implementation actions were established through an
extensive outreach effort to Chula Vista residents and communities. The Climate Change Working Group
(CCwG) was chaired by Sustainability Commission members and consisted of' 13 other members
representing various community sectors. In November 2014, City Council adopted the 12 GHG reduction
strategies that the CCWG presented,which included requiring energy savings retrofits in existing buildings.
These CCWG recommendations were subsequently incorporated into the CAP adopted by the City Council in
September 2017. Working with community stakeholders and consultants, city staff have created the Home
Energy Sustainability Ordinance. Staff brought the item to City Council on March 3rd,2 0 2 0 and were directed
to increase flexibility and decrease the implementation costs for applicants while ensuring that low-income
residents would not be impacted. To achieve this, the ordinance now includes flexibility in selecting the
measures applicants want to install in their project and a reduced number of required high implementation
cost measures.
This proposed ordinance builds off previous energy efficiency efforts the City Council has approved such as
the Commercial Outdoor LED Ordinance, above Title 24"reach codes"for new homes and financing to allow
residents to finance energy saving projects. The City of'Carlsbad, Santa Monica and West Hollywood have
also adopted a similar ordinance which went into effect in 2019. After Council approval, the California
Energy Commission (CLC) must confirm that the proposed ordinance meets certain requirements including
that the City has made a cost effectiveness finding. There are two common measures of cost effectiveness,
simple payback and benefit-to-cost ratio. Simple payback divides the up-front installation cost by the
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expected utility bill savings each year.The result is a simple measure of the number of years it takes to "pay
back"' the initial investment. The lower the number, the quicker a measure pays back and the more cost
effective it is. Benefit-to - cost ratio divides the lifecycle benefits over the one-time costs. Lifecycle benefits
are calculated over 30 years and discounted at 3,%. Benefit-to-cost ratios above 1.0 are considered cost
effective and the higher the ratio,the better. In addition, every three years, as updated state building codes
are adopted, the City will be able to seek new approval from the CEC by affirming via letter that the cost-
effectiveness of these requirements is unaffected by the new standards rather than adopting a new
ordinance.
Table 1 Timeline
'Task/Milestone Date
Present to City Council (first reading) 10/6/20
City Council (second reading) 10/20/20
Submit California Energy Commission 10/7/20
(CLC)Application
Receive CFC Response (expected) 10/15/20
File with California Building Standards 10/15/20
Commission (expected)
Effective Date (30 days following CFC 11/15/20
approval)
Proposed Home Energy Sustain ab,illity...ordinance
The proposed Home Energy Sustainability Ordinance requires that homes built before 2006 make some
number of energy efficiency upgrades, see'Table 2,when they are also making an addition or remodeling of
their home., Based on the age of the home and the Climate Zone where the home is located,a different number
of energy efficiency upgrades are required. The reason for the different requirements is because typically
older or more inland homes consume more energy and have more opportunities to save energy.
Table 2 Required Energy Efficiency Upgrades
Location Year Home Was Built Required Energy
Efficiency Measures
All City 2006 or newer 0
All zip codes 2005 to 1979, 2
except 919,14
All zip codes 1978 or older 3
except 91 ,1.4-
1 e14 2005 or older 4
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The requirements are based on the Statewide Cost Effectiveness Study,attached with a Chula Vista Summary.
All of the proposed requirements were found to be cost-effective in the energy simulations performed by
these studies. Based on forecasted projects, staff estimates that if all recommended energy efficiency
measures are included in projects,the average home will save more than $170 in utility costs per year and
take 8.3 years to recover the implementation costs of approximately $1,400. Cumulatively over the first 10
years the combined implementation costs will total approximately$4.9 million for all recommended energy
upgrades and are expected to save $14.5 million in utility costs over their useful life. The costs and savings
are expected to be 50% lower if older homes choose not to install attic installation. Staff assumes that
residents will select not to include the highest cost improvement, attic insulation, and therefore it will be
incumbent on staff to educate and inform homeowners of the significant benefits derived from installing attic
installation during their home remodel projects. For information about the possible energy efficiency
measure see table 3,more detailed information is included in the ordinance documents.
Table 3 Energy Efficiency Measures Installation Details
Measure Name Description
R-38 Attic Add attic insulation in buildings with vented attic spaces to meet R-38.
Insulation
Air Sealing Apply air sealing practices,throughout all accessible areas of the
building.All joints,penetrations and other openings in the building
envelope that are potential sources of air leakage shall be caulked,
gasketed,weather stripped or otherwise sealed to limit infiltration and
exfiltration. Homes with one or more vented combustion appliances
must have a Building Performance Institute (BPI) Combustion Appliance
Safety Inspection performed after air sealing.
Cool Roof For steep slope roofs,install a roofing product rated by the Cool Roof
Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher
and thermal emittance of O�.75 or higher.
Duct Sealing Air seal all ductwork if the heating system were being replaced.
LED Lighting Replace screw-in halogen,incandescent or CFL light bulbs with LED light
bulbs.
Water Heating Water Heater Blanket: Add R-6 insulation to the exterior of existing
Package residential tank storage water heaters manufactured before April 2015.
Requirement is waived for water heaters with internal tank insulation of
at least R-16.,
Hot Water Pipe Insulation: Insulate all accessible hot water pipes with
R-3 pipe insulation.
Low Flow Fixtures: Upgrade sink ands ower fittings to meet current
CALGreen requirements,which require re maxi,mum flow rates of 1.8
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gallons per minute (gpm) for showerheads and kitchen faucets,and 1.2
gpm for bathroom faucets.
Windows Replace existing single pare windows with a dual pane product,which
as a U-factor equal to 0.32 or lower and a Solar Heat Gain Coefficient
(SHGC) equal to 0.25 or lower.
Water beater High Efficiency beat Pump Nater Heater: replace natural gas storage
Replacement water heater, or,tankless water heater having a Energy Factor of. 1 or
less,with bleat Pump water beater with Uniform Energy Factor F'F') of'
at least 3.1 (Northwest Energy Efficiency Alliance'Tier ).
,-or-
High Efficiency Ta.nkless water Heater: Replace natural gas storage
water heater, or,tankless water heater having an Energy Factor of.81 or
less,with tankless water heater with a minimum Energy Factor of 0.96.
Air Conditioner High Efficiency fir Conditioner: replace an existing air conditioner
Replacement having a SEER rating of 13 or less with an air conditioner of at least 1
SIKER.
High Efficiency beat Pump: Replace an existing,air conditioner having a
SEER rating of 13 or less with a bleat Pump of at least 18 SEER.
Depending on the condition of the home,the homes location and the measures installed,the energy savings
are expected to recover implementation costs within 7.9 to 10.7 years. Costs and expended energy saving.
will be reduced if residents choose to not install all recommended measures. For an overview of the cost-
effectiveness of proposed requirements see the attached `Summary Cost-Effectiveness Results''.
The climate zones are created by the California Energy Commission to,guide building requirements and align
with zip codes. within the City of Chula Vista,zip code 91914 lies within climate zone 10 and the rest of the
city is located in climate zone 7. This proposed ordinance is expected to impact 3,872 homes which, if all
recommended energy efficiency measures are taken should reduce approximately 3,218 metric ton (MT) of
carbon emissions and save an estimated $2.9 million over the First 10,years. The savings will help the City
meet the energy and carbon reduction goals included in objective 3.3 of the 2,017 Climate,actio Flan.
Staff anticipate that some homeowners and contractors may Find other ways to reach the same energy
reduction levels in their projects. The ordinance accommodates this option,providing a"performance path„
that would allow owners to concurrently complete an alternative set of energy measures that performs equal
to or better than the applicable prescribed measures. additionally, these energy efficiency upgrades may
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benefit homes not making additions or remodels and staff would encourage all residents to view the attached
"Chula Vista Energy Efficiency Fact Sheet"' or visit www.chulavistaca.,go,v/det)artments/clean/retrofit for
more information about making their home more energy efficient.
Co-Benefits
The energy and pollution reductions are the main objectives of the ordinance but there are other important
co-benefits that can also be achieved with the energy upgrades. Improvements such as air and duct sealing
can improve indoor air quality by keeping outside contaminants out of the homes living spaces. Additionally,
attic insulation is also an important tool to keep indoor temperatures stable during summer and winter,
which helps our region respond to extreme weather events. Finally,this ordinance would also help increase
equity in the City by helping to more residents take advantage of newer energy upgrades that are required
in new homes.
ExeMDt1ons
These proposed energy efficiency requirements are an effort to bring existing buildings closer to the energy
efficiency of current energy code for new homes, and reducing energy usage and lowering utility bills. The
required updates are cost effective energy efficiency measures that have been widely available for years.
Staff assumes that some residents may have already voluntarily adopted them. The following exemptions,
are designed for homes that have already undertaken voluntary energy updates.
• Low-income homeowners
• Homes where similar measures have already been completed
• Homes that have received a high score from a trusted third-party energy efficiency audit(such as a
Department of Energy(DOE) Home Energy Score (CIEs) of at least 8 out of 10)
• Homes with on-site photovoltaics,in place offsetting at least 95% of the annual electricity and gas-
equivalent usage
Additionally,a property would be exempt for the reasons,stated below:
0 Project Value Cutoff- If the cost of completing required energy efficiency measures exceeds 20% of
the overall project cost without those measures, applicants can propose a more limited set from
among the required measures which does not exceed 20%.
0 T'echnically/Financial infeasibility-If the prescribed measures would be technically infeasible or not
be cost-effective due to unique characteristics of home or other special circumstances.
0 Home Owners Association(ICDA) Restrictions-A measure is beyond the authority of the homeowner
due to HOA covenant
0 Exempt Project Types - An Addition or Remodel consists solely of medically necessary
improvements, or principally of, solar PV, solar water heating, electrical upgrades for PV or electric
vehicle (LTJ) charging,or energy storage.
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�e aired Next
In order for the City to adopt and enforce increased building energy standards, the City must submit an
application to the California Energy Commission (CEC) and obtain approval before the increased standards
can take effect. The application submittal must include:
1) The proposed standards as adopted by Council
2) 'The City's determination that the proposed standards will save energy and are cost-effective
3) A study with supporting analysis for the City's energy savings and cost effectiveness findings
The proposed ordinance includes the necessary energy savings and cost effectiveness findings. By reviewing
the attached cost effectiveness study and adopting this proposed ordinance, Council will be making the cost
effectiveness and energy savings determinations mentioned above. After City Council votes on the proposed
ordinance after the first reading,staff will submit the application to the CEC for their review and approval,a
process that can take up to three months. After CEC approval,staff will file the ordinance with the California
Building Standards Commission and the ordinance will go into effect 30 days after the CEC approval. After
City Council Approval, staff will begin preparing for the ordinance to take effect by working with various
internal departments and stakeholders to educate impacted parties about the requirements and how they
can be met.,
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 sea.).
Y I A
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.
CURREN'T-YEAR FISCAL IMPACT
No current year fiscal impact. The building permit review and inspection time associated with implementing
this ordinance,will be funded through building permit fees; outreach and education time will be, supported
through existing Economic Development Department funds.
ONGOING FISCAL IMPACT
No ongoing fiscal impact. The building permit review and inspection time associated with implementing this
ordinance will be funded through building permit fees.
ATTACI IMEN'TS
1. Existing Home Energy sustainability Ordinance Summary
2. Summary Cost-Effectiveness Results
3. Existing Building Efficiency Upgrade Cost-Effectiveness Study
4. Existing Home Energy sustainability Ordinance Overview
S. Chula Vista Energy Efficiency Fact Sheet
Staff Contact:Cory Downs
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City of Chula Vista
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF
THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH ENERGY UPGRADE
REQUIREMENTS FOR ADDITIONS AND REMODELS TO SINGLE FAMILY
HOMES ANDCONDOS
WHEREAS, through its 2017 Climate Action Plan, the City committed to reducing
greenhouse gas emissions to below six metric tons CO2e per capita by 2030 and two
metric tons CO2e per capita by 2050; and
WHEREAS, as presented in a citywide 2016 greenhouse gas inventory, Chula Vistas
greenhouse gas emissions are 12%below the 2005 but emissions from building energy
increased by 3% since 2014; and
WHEREAS, 'as a result, the City Council directed staff to convene a Climate Change
Working Group (CCWG) to develop recommendations to reduce the community's
greenhouse gas emissions; and
WHEREAS, the CCWG recommended twelve climate protection measures, including
requiring energy-savings retrofits in existing buildings at a specific point in time, which
were included in the 2017 Climate Action Plan; and
WHEREAS, on September 26, 2017, City Council adopted the 2017 Climate Action Plan
and directed staff to implement the measures based on funding levels; and
WHEREAS,, as a component of the 2017 Climate Action Plan, staff proposed developing
a residential and commercial, energy conservation ordinance for City Council
consideration;
WHEREAS,, staff is presenting to Council an ordinance amending Chapter 15. 26 of the
Municipal Code and adding Section 15.26.04,0 requiring single family homes built before
2006 that are undergoing additions to also install certain energy saving measures; and
WHEREAS, pursuant to the California Administrative Code, Title 24, Part 1, Section 10-
106, Locally Adopted Energy Standards, and the CEC' s submittal and approval process,
the City finds that the requirements below will save energy and are cost-effective within
the City of Chula Vista; and
WHEREAS, pursuant to Sections 17958 and 18941 of the Health and Safety Code,
before making any modifications to the California Building Standards Code, the City
must make an express finding that such modifications are reasonably necessary because
of local climatic, geological or topographical conditions. Modifications to the California
Building Standards and Building Energy Efficiency Standards, as detailed in this
Ordinance, are reasonably necessary due to local, climatic conditions. As a result of high
summer ambient temperatures and periods of heat waves, average load demand and peak
load demand of energy used in Chula Vista is an important factor concerning public
2020-1.0-0,6 Agenda Packet Page 375 of 629
Ordinance
Page 2
safety and adverse economic impacts of power outages or power reductions. Reduction
of total and peak energy use, as a result of incremental energy conservation measures
required by this Ordinance, will have local and regional benefits in the cost-effective
reduction of energy costs for the building owner, additional available system energy
capacity and a reduction in greenhouse gas emissions.
WHEREAS, the City affirms that the requirements below will require buildings to be
designed to consume no more energy than permitted by California Energy Code; and
WHEREAS, this Ordinance is intended to preserve and enhance the environment of
the City of Chula Vista and is not subject to the California Environmental Quality Act
pursuant to Section 15061(b)(3) of the CEQA Guidelines, because there is no possibility
that the ordinance may have a significant negative impact on the environment. The
proposed ordinance is exempt from the requirements of CEQA pursuant to Section 1530�8
of the CEQA Guidelines, which exempts actions taken by regulatory agencies for the
enhancement and protection of the environment.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section T.
Chapter 1.5. + of the Chula Vista Municipal Code is hereby amended by addition of
section 15.26.040 as follows:
15.26.040 Mandatory Energy Efficiency Requirements for Additions to Single
Family Homes and Condos
A. Purpose and Intent. It is the purpose and intent of this section to require installation
of specific energy efficiency measures in less energy efficient homes, when such homes
undertake additions or remodels, in order to reduce GHG emissions resulting from energy
consumption.
B. Applicability. This section applies to dwelling units constructed before 2006, that are
undergoing a permitted Addition or Remodel, either in Low-Rise Residential Buildings
(as defined in Title 24 Part 6 Section 100.1 with 1-4 dwelling units,, or that are
individually owned residential condominiums and townhouses. EXCEPTION: This
section shall not be triggered by creation of a new Accessory dwelling unit (ADD) or
Junior accessory dwelling unit (JADU) alone. This section does apply to Additions or
Remodels of existing ADUs or JAI Us.
C. Definitions. For purposes of this section, the following terms shall have the following
meanings:
"Addition" See definition in Title 24 Part 6 Section 100.1(b).
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Page
"Compliance Deport" A. Certificate of Compliance generated by approved Energy Code
compliance software, including C ECC-Res and EnergyPro.
"Condo"An individually owned residential unit within a building containing five or more
dwelling units.
"Home" A. residential building containing between one and four dwelling units..
"Remodel" Means any of the following:
1. .Any change or rearrangement, other than a repair, of the structural elements of an
existing building including foundations, footing, sub-floors, lintels, beams,
columns, girders, slabs, roof trusses, staircases, load bearing walls, door frames,
window frames, or any other part of the building that resists force or moment.
. Change or rearrangement of the plan configuration of walls and full-height
partitions of an existing building.
"Steep Slope"A roof slope greater than two units vertical in 12 units horizontal (17-
percent
slope).
"Total Energy Use" The energy consumption estimated by approved Energy Code
compliance software, including C ECC- .es and EnergyPro, in terms of kTDV per
square footer ear(kTDV/sf2—yr).L y
D. Requirements. The following requirements shall apply to the entire dwelling unit, not
just the additional or altered portion. where these requirements conflict with other
energy code requirements, the stricter requirement shall prevail. Homes and Condos
shall comply with either the Prescriptive Approach or the Performance Approach.
(1) P'rescri. t1ve A.
roarch
a. The Minimum Number of Energy Upgrade Measures shown below in
Table l5.26.040(D)(1)(a must be completed in accordance with the
building type, construction date and climate zone.
Table 1 .266.040(D)(1)(a)*, Minimum Number of Energy Upgrade
Measures
Year Built Building Type Climate Zone 7 Climate Zone 10
Before 1978 Homes and Condos
Choose 3 Energy
Upgrade Measures
Choose 4 Energy
1,978-1991 tondos �'
Choose Energy Upgrade Measures
Upgrade Measures
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Ordinance
Page 4
Homes Choose 2 Energy
Upgrade Measures
1992-2005 Homes and Condos Choose 2 Energy
up, pleasures
easures
b. Additions or Remodels involving steep sloped roof replacement,
recovering or recoating of either more than 50% or more than 2,000
square feet of roof area, or new steep sloped roof sections of any size,
are also required to meet the Cool Roof requirements in Table
15.26.040(D)(1)(b) for the roofing material added to:
i. Homes constructed pre-1 978 in climate zone 7 or pre-2006 in
climate zone 10.
ii. Condos constructed pre-1992 in climate zone 7 or pre-2006 in
climate zone 10.
c. Qualifying Energy Upgrade Measures that count toward satisfying the
minimum indicated in Table 15.26.040(D)(1)(a) shall be chosen from
the Prescriptive Energy Upgrade Measure List shown below in Table
15.26.040(D)(1)(c), and shall be completed in accordance with the
specifications there-in. Materials must meet the parameters included
below in Table 15.26.040(D)(1)(c) as a minimum. More energy
efficient materials may be substituted.
Table 15.26.040(D)(1)(c): Prescriptive Energy Upgrade Measure List
(section references are to California Code of Regulations, Title 24, Part 6,
Subchapter 8)
Pac''kage, Spectificatio'n
R-38 Attic Add attic insulation in buildings with vented attic spaces to meet R.-
Insulation 3 8 per requirements of section 15 0.1(c)1 Aii or iii.
Air Sealing Apply air sealing practices throughout all accessible areas of the
building.All joints,penetrations and other openings in the building
envelope that are potential sources of air leakage shall be caulked,
gasketed,weather stripped,or otherwise sealed to limit infiltration
and exfiltration. Buildings constructed before 1992 should be sealed
to 7 Air Changes,per Hour(ACH)and buildings constructed,from
1992-2005 should,be sealed to 5 ACH,at 50 Pascals pressure
difference.Homes with one or more vented combustion appliances
must have a BPI Combustion Appliance Safety Inspection performed,
after air sealing.
Cool Roof For steep slope refs,install a roofing product rated by the Cool
Roof Rating Council(CRRC)with an aged solar
reflectance of 0.25 or higher and thermal emittance of O.75 or higher.
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Ordinance
Page 5
Duct Sealing Air seal all ductwork to meet the requirements of Section 150.2(b)I E
as if the heating system were being replaced.
LED Lighting Replace screw-in halogen, incandescent or CFL light bulbs with.
LEIS light bulbs in accordance with the requirements of Section
150.0(k)I.A,D,G,H and.1.
Nater Heating 1.water Heater Blanket: Add R-6 insulation to the exterior of
Package existing residential tank storage water heaters manufactured.before
April 2015. Requirement is waived for water heaters with internal.
tank insulation of at least -1 6..
2. Hot water Pipe Insulation-Insulate all accessible hot water
pipes with R-3 pipe insulation per requirements of section
10.o )2.A.
3.Low Flow Fittings-Upgrade sink and shower fittings to meet
current CALGreen requirements,which require maximum flow
rates of 1.8 gallons per minute(gpm)for showerheads and kitchen.
faucets,and. 1.2 gpm for bathroom faucets per requirements of
section CALGreen Section 4.303.
Windows Replace existing single pane windows with a dual pane product,
which has a U-factor equal to 0.32 or lower and a Solar Heat Gain.
Coefficient(SHGC)equal to 0.25 or lower. This measure was only
evaluated for the pre-1978 vintage,which is assumed to have single-
pane,metal-frame windows.
Water Heater Iii h lficienc Heat Pum Water Neater: Replace natural gas
Replacement storage water heater,or,tankless water heater having a Energy
Factor of.81 or fess,with Leat Pump Water Heater with Uniform
Energy Factor(UEF") of at least 3.1 (Northwest Energy Efficiency
Alliance Tier 3).
-or-
High Efficiency Tankless water Heater:-Replace natural gas storage
water heater,or,tankless water heater having an Energy Factor of
.81 or less,with tankless water heater with a minimum Energy Factor
of 0.96.
Air Conditioner High,,,,,,,,,,,E,,fficienc Air Conditioner: Replace an existing air conditioner
Replacement having a SEER rating of 13 or less with an air conditioner of at least
18 SEED.
-or-
High Efficiency Heat Pump: Replace an existing air conditioner
having a SEER rating of 13 or less with.a Heat Pump of at least 1
EER.
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Ordinance
Page 6
d. Measure Already Completed. Where measures substantially similar to
those specified in Table 15.26.040(D)(1)(c) are already in place, they
shall count toward satisfaction of the Minimum Number of Energy
Upgrade Measures in Table 15.26.040( )(1)(a).
e. Project Value Cutoff. If the cost of completing the Minimum Number
of Energy Upgrade Measures in Table 15.26.040(l))(1)(a) is projected
to exceed 20% of the projected cost of the Addition or Remodel absent
those measures, permit applicants can propose a more limited set from
among Prescriptive Energy Upgrade Measure List in Table
15.26.040(D)(1)(c) which does not exceed 20%. The limited set must
include as many of the required measures as possible without
exceeding the 20% cutoff.
(2) Performance Approach
a. Complete any energy saving measures concurrent with Addition or
Remodel that are projected to result in equivalent or lower energy
usage than the Assumed Energy Upgrade Measures indicated in Table
15.26.040(D)(2)(a) below.
Table 15.2 .040( )(2)(a) Assumed Energy Upgrade Measures for
Performance Equivalency
Year Built Building Type Climate Zone 7 Climate Zone 10
Before 1978 Homes and Condos R38 Attic Insulation;
Duct Sealing
Condos Duct Sealing
1978-1991 Duct Sealing; R38
Homes N/A Attic; Air Sealing
1992-2005 Homes and Condos N/A
I I I I
b. Shall be demonstrated by the following method.
i. install the LED Lighting and Water Heater Blanket measures
as specified in Table 15.26.040(l))(1)(c).
ii. Submit two compliance reports. One compliance report shall
be generated from a model of the proposed energy performance
measures, and, the existing home plus the proposed addition(s)
and any other alterations. A second compliance report shall be
generated by modeling the existing home with the Energy
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Ordinance
Page 7
Upgrade Measures shown in Table 15.26.040(D),(2)(a)
including proposed addition(s) and other alterations, but not
including the proposed energy saving measures. The Total
Energy Use for the first compliance report must be equal or
less than that of the second compliance report.
E. Exemptions. The requirements of this Section 15.26.040 may be waived, in part or in
whole, if any of the following conditions are met, to the satisfaction of the City Manager
or designee:
(1) Technical InV`easibility. Prescribed measure would be technically infeasible or
not be cost-effective due to unique characteristics of home or other special
circumstances.
a. Evidence requirement to show lack of cost effectiveness: Letter from
certified energy professional attesting to the lack of cost effectiveness
with explanation of methodology and calculation.
b. Evidence to show technical infeasibility: Letter from licensed building
professional documenting infeasibility for one of the following
reasons-, inaccessibility, violation of other codes, low likelihood of
success, measure would affect proper functioning of other building
elements, result in safety risks, cause harm to building occupants.
(2) High Pe�fbrming Home. Home has earned a Home Energy Score of 8 or
above within the previous 3 years.
(3) Fully Solar Powered. Home is powered by a solar PV system offsetting at
least 95% of the annual electricity demand and gas-equivalent energy
consumption.
(4) Exempt Projects. Additions or Remodels that would not otherwise be subject
to this section but for work related to Solar PV, Solar water heating, EV
charging, electrical upgrades for solar PV or EV charging, or energy storage
are exempt.
(5) Homeowner's Association. A measure is beyond the authority of the
homeowner as defined in applicable Homeowner's Association (HOA)
covenants, conditions or restrictions.
(6) Medical Necessity. An Addition or Remodel consists solely of medically
necessary improvements.
(7) Low-Income. If an applicant can demonstrate they qualify for low-income
assistance.
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Ordinance
Page 8
F. Implementation Authority.
(1) The City Manager may adopt rules and regulations for the implementation of
this section.
Section 11. 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 111. 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 on the 30th day following approval by the California
Energy Commission and not before November 15, 2020.
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
Eric Crockett Glen R. Googins
Deputy City Manager City Attorney
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Page 1 of 5
City of Chula Vista Draft Policy Summary Existing
Home Energy Sustainability Ordinance (
version 4. 1
Policy Overview
Require installation of'a minimum number of energy upgrade options chosen from a list of qualifying
measures for homes built before 2006 (including condos and townhouses) when they perform additions
and remodels
Minimum number depends on the building type, age of home and climate zone
Upgrades will apply to the part of the home not already required to comply with current building code as
a result of the addition or remodel
As an alternative to the minimum number requirement, allow homes to install any custom set of
upgrades, as long as they achieve equivalent energy performance
Exempt" homes that are already highly efficient
Exempt homes that are predominately powered by solar
Exempt" low-income applicants
Exempt"ADUs or JADUs
If implemented as recommended, estimated to affect 3,872 units and reduce GHG emissions by 3,218
metric tons over the first 10 years
Prepared for City of Chula Vista September 2020 Eric Engelman I Energy Policy Consulting
2020-1.0-06 Agenda Packet Page 383 of 629
Policy Summary—Existing Home Energy Sustainability Ordinance (EHESO) Page 2 of 5
Proposed Requirements
1. APPLICABILITY: Applies to 1-4 unit residential buildings and individually owned townhome and condominium
units built before 2006 when an Addition or Remodel is performed.
2. DEFINITIONS
Addition: As defined in Energy Code'.
Condo:An individually owned residential unit within a building containing five or more dwelling
u n its.
Home: A residential building containing between one and four,dwelling units.
Remodel: Means any of the following:
1. Any change or rearrangement, other than a repair, of the structural elements of an existing
building including foundations,footing, sub-floors, lintels, beams, columns,girders, slabs, roof
trusses,,staircases, load bearing walls, door frames,window frames, or any other part of the
building that resists force or moment.
2. Change or rearrangement of the plan configuration of walls and full-height partitions,of an
existing building.
3. OPTION 1: PRESCRIPTIVE PATH.
Owners of covered residential buildings must complete the specified minimum number of measures shown
below according to building type, construction year and climate zone.
Year Built Building Type Climate Zone 7 Climate Zone 10
Pre-1978 Homes and Condos Choose 3 Measures
1978-1991 Condos Choose 3 Measures Choose 4 Measures
Homes Choose 2 Measures
1992-2005 Homes and Condos Choose 2 Measures
3.1. These prescriptive requirements shall apply to the entire unit or units within the scope of the triggering
permit, not just the additional or altered portion. Where these requirements conflict with other energy
code requirements,the stricter requirement shall prevail.
3.2. For Additions and Remodels involving roof replacement, recovering or recoating(>50%or>2,000sf), or
new roof sections, on a steep sloped roof the Cool Roof measure applies for:
Any change to a building that increases conditioned floor area and conditioned volume. See,also "newly
conditioned space." Addition is also any change that increases the floor area and volume of an unconditioned
building of an occupancy group or type regulated by Title, 24 Part C. Addition is also any change that increases the
illuminated area of an outdoor lighting application regulated by Title 24 Part 6.,
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Policy Summary—Existing Home Energy Sustainability Ordinance (EHESO) Page 3 of 5
a. Homes built before 1.978 in climate zone 7, or pre-20,016 in climate zone 10
b. Condos built before 1992 in climate zone 71, or pre-2006 in climate zone 10
3.3. Owners shall choose and install at least the minimum number of measures from among the Measure
Option List below:
Measure Name Description
R-38 Attic Add attic insulation in buildings with vented attic spaces to meet R-38.
Insulation
Air Sealing Apply air sealing practices throughout all accessible areas of the building.All joints,
penetrations and other openings in the building envelope that are potential sources of air
leakage shall be caulked,gasketed,weather stripped,or otherwise sealed to limit infiltration
and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per
Hour(ACH),and buildings constructed from 1992-2005 should be sealed to 5 AC,H,at 50
Pascals pressure difference.
Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof Rating Council (CRRC)
with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher'.
Duct Sealing Air seal all ductwork to meet the requirements of the 2016 Title 24 Section 150.2(b)1E.
Homes with one or more vented combustion appliances are STRONGLY RECOMMENDED to
have a BPI Combustion Appliance Safety Inspection performed after duct sealing.
LED Lighting Replace low performing screw-based lighting with, high performing lighting per the
requirements of Title 24 Section 150.0(k)1.A,D,G,H and I.,
Water Heating Water Heater Blanket:Add R-6 insulation to the exterior of existing residential tank storage
Package water heaters manufactured before April 2015. Requirement is waived for water heaters
with internal tank insulation of at least R-16.
Hot Water Pipe Insulation:. Insulate alll accessible hot water pipes with R-3 pipe insulation.
Low Flow Fittings: Upgrade sink and shower fittings to meet current CALGreen
requirements,which require maximum flow rates of 1.8 gallons per minute(gpm)for
showerheads,and kitchen faucets,and 1.2 gpm for bathroom faucets.
Windows Replace existing single pane windows with a dual pane produict,which has a U-factor equal
to 01.32 or lower and a Solar Heat Gain Coefficient(SHGC) equal to 01.25 or lower.This
measure was only evaluated for the pre-1978 vintage,which is assumed to Ih,ave single-
pane, metal-frame windows.
Water Heater High Efficiency Heat Pump Water Heater: Replace natural gas storage water Theater, or,
Replacement tankless water heater having an Energy Factor of.81 or less,with Heat Pump Water Heater
with Uniform Energy Factor(UEF) of at least 3.1 (Northwest Energy Efficiency
Alliance Tier 3).
-or-
High Efficiency Tankless Water Heater: Replace natural gas storage water heater,or,
tankless water heater having a Energy Factor of.81 or less,with tankless water heater with
a minimum Energy Factor of 0.96.
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Policy Summary—Existing Home Energy Sustainability ordinance EHESo Page 4 of 5
,fir Conditioner High Efficienc Air Conditioner: Replace an existing air conditioner having a SEER eating of
Replacement 13 or less with an air conditioner of at least 18 SEER.
_or_
High Efficiency Heat Pump: Replace an existing air conditioner having a SEER rating of 13 or
less with a Heat Pump of at least 18 SEER.
4. OPTION 2: PERFORMANCE PATH: owners may concurrently complete an alternative set of energy measures
that (performs equal to or better than the assumed prescriptive measures shown below for their building
type, construction year and climate zone.
Year Built Building Type Climate Zone 7 Climate?one 10
Before 1978 Homes and Condos duct Scaling
1978-1991 Condos Duct Sealing
Duct Sealing; I.3
C)r�'1�� �� Attic;
1992-2005 Homes and Condos /A
4.1 Applicants may demonstrate this by submitting one compliance report, as already required,with the
proposed performance measures, and a second compliance report modeling the existing home+
alteration with the assumed prescriptive measures above. The Total Energy Use for the first compliance
report must be equal or less than that of the second compliance report.
4.2. The (LIED Lighting and "water Heating IPackage requirements are mandatory and cannot be substituted for
performance measures.
5. EXEMPTIONS: Owners are exempt from this ordinance, in part or in whole, subject to the requirements
below.
5.1. Project Value Cutoff. If the cost of completing energy efficiency measures required under the
prescriptive path exceeds 20 of the overall project cost absent those measures, permit applicants can
propose a more limited set from among the required measures which does not exceed 20%.
5.2. Permits for work principally composed of one of the following are excluded from this requirement: solar
PV, solar water heating, electrical upgrades for PV or EV charging, energy storage, EV charging
5.3. (Homes where similar measures have already been completed.
5.4. Prescribed measures would be technically infeasible or not be cost-effective due to unique
characteristics of home or other special circumstances.
a. Evidence to show lack of cost effectiveness: letter from energy professional explaining calculation
b. Evidence to show technical infeasibility: letter from building professional documenting infeasibility
for one of the following reasons: inaccessibility,violation of other codes, low likelihood of success,
measure would affect proper functioning of other building elements, result in safety risks, cause
harm to building occupants
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Policy Summary—Existing Home Energy Sustainability Ordinance (EHESO) Page 5 of 5
5.5. Home achieves a Home Energy Score (HES) of at least 8 out of 10
5.6. Home has on-site photovoltaics (PV) in place offsetting at least 95%,of the annual electricity and gas-
equivalent usage (simplified evidence options to be included in implementation guidelines)
5.7. A measure is beyond the authority of the homeowner due to HOA covenant
5.8. An Addition or Remodel consists solely of medically necessary improvements
5.9. Applicant qualifies for a recognized low-income assistance program.
6. IMPLEMENTATION AUTHORITY
6.1. The City Manager may adopt rules and regulations for the implementation.
6.2. The City Manager may modify or suspend the requirements of this section after submitting a written
justification to the Sustainability Commission for one or more of the following reasons:
a. Technological infeasibility
b. Economic infeasibility
C. Legal infeasibility
d. Streamlining of compliance
2020-1.0-0,6 Agenda Packet Page 387 of 629
City of Chl ula-umm,pi W ViNsta
EkiIst'[��ig Eiiwi�I-gyiW WNi iGii�mdiinance (EI11111111111111111ESO)
Summary CostmE ecteiveness Results
Background
The energy efficiency requirements in Chula Vista's proposed Existing Home Energy Sustainability Ordinance (EH SO)
were derived from a statewide cost—effectiveness study produced by California's major utility companies. The study
evaluated a variety of measures for homes of various ages and each climate zone in the state, estimating the total
installation cost and utility bill savings for each. These estimates were based on a prototype single family home and
prototype multi-unit building considered typical of California"s older housing stock and standard construction practices
during the periods evaluated. From this study, Chula Vista selected the measures that indicated a good payback. The
table below shows the basic prototype assumptions. The full study can be accessed at Localenergycodes.com.'
Table 1—Basic Prototype Characteristics
Prototype Stories Square Bedrooms
�Footage
Single Family 1 1,,665 3
Multi-unit 1 965 2
Measuring Cost Effectiveness
There are two common measures of cost effectiveness.
Simple Payback divides the up-front installation cost of a measure by the expected utility bill savings each year. The
result is a simple measure of the number of years it takes to "pay back" the initial investment. The lower the number,
the quicker a measure pays back and the more cost effective it is. Simple Payback does not take into account financing
costs.
Benefit-to-Cost Ratio divides the lifecycle benefits over the one-time costs. Lifecycle benefits are summed over 30
years and discounted at 3%. The costs assume that the owner borrows money to make improvement at common
mortgage rates. Benefit-to-cost ratios above 1.0 are considered cost effective and the higher the ratio,the better.
Results
The table 2 below shows the cost effectiveness for individual measures or packages of measures required by the
proposed ordinance. Not every measure was found to be cost effective for all building ages, zip codes and
configurations. Accordingly, the requirements differ based on these factors. Note that apartment buildings with five
or more units are not covered by this ordinance, unless the units are individually owned condominiums.
1 Download link:https://Ioca I e ne rgycodes.co rn/d own load/3 78/f i le_path/f i el d List/Resid entia WORetrof it%20Cost-Eff%20Repo rt Under the
`Toolkit'tab see'Prescriptive Ordinances', "Existing Low-Rise Residential Remodels"'.
Page 1 of 3
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City of Chula Vista - EHE SO Summary Cost Effectiveness Information
Table 2- Individual Measure Cost Effectiveness
Annum
ual
Simple
Measure Year Built S a n g S 2 Payback Benefit/'Cost,
(yea rs)
Single Family: Homes with one to four units (except 91914 zip code)
Water Heating Package Before 2006 $208 $30, 6.9 2.5
LED Lighting4 Before 2006 $26 $24 1.1 15.6
Duct Sealing Before 1978 $240 $52 4.6 3.8
Attic Insulation Before 1978 $2,273 $168 11.4 1.5
CoolRoof Before 1978 $635 $66 9.6 1.8
Multifamily: Condos in Buildings with five or more units
Water Heating Package Before 2006 $168 $24 8.0 2.5
LED Lighting4 Before 2006 $26 $24 1.1 17.7
Before 1978 $120 $29 4.4 4.4
Duct Sealing 1978-1991 $120 $15 8.0 2.5
Attic Insulation Before 1978 $594 $47 16.1 1.2
Before 1978 $184 $29 9.2 2.1
CoolRoof
1978-1991 $184 $15 12.3 1.6
Single Family: Homes with one to four units (only 91914 zip code)
Water Heating Package Before 2006 $208 $30, 6.9 2.5
LED Lighting4 Before 2006 $26 $36 0.7 24.0
Attic Insulation, Duct,Sealing Before 1992 $3,562 $359 9.9 1.8
and Air 5ealing5 1992-2005 $3,562 $317 11.2 1.5
Before 1978 $635 $272 2.3 7.4
Cool Roof 1978-1991 $635 $195 B. 5.3
1992-2005 $635 $164 3.9 4.5
2 Unless otherwise noted,figures are from the Existing Building Efficiency Upgrade Cost-effectiveness Study, December 2019
version.Some errors in the study have been corrected in consultation with the author.
I Calculated using methodology from Existing Building Efficiency Upgrade Cost-effectiveness Study,June 2018 version
4 Assumes 6.6 bulbs replaced with LED bulbs in a home.Assumes replaced bulbs are half CFLs and half incandescent/halogen.
5 Includes$35,0 for BRI Combustion Safety Testing.
Page 2 of 3
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City of Chula Vista - EHESO Summary Cost Effectiveness Information
Table 3 assumes that a home in each scenario' installs all recommended measures'and evaluates the total cost
effectiveness of the combined measures. If residents choose to install less measures their costs and savings would be
less based on the measures,they select. Figures are shown with and without additional permit costs.
Table 3-Combined Cost EffectiveneS,S8
Simple Simple Benefilt
Total Payback Payback Benefit Cost
H�ome Scenario 'Total Annual with (without Cost(with (without
Cost" Savings additional additional additional additional
permit permit Permit Cost) Permit
cost) cost) Cost)
Single Family Pre-1978 $2,935 $274 10.7 10.0 1.6 1.7
Single Family 19,78-2005 $422 $54 7.9 4.4 2.2 4.01
Single Family 19,78-1991 (Only 911914 $3,F984 $425 9.4 8.9 1.9 1.91
zip)
Single Family 1992-2005 (Only 911914 $3,984 $383 10.4 9.,9 1.7 1.8
zip)
Multifamily Pre-1978 $1,,096 $153 7.2 5.9 2.7 3.3
Multifamily 1978-1991 $502 $63 8.,0 5.,0 2.5 3.9
Multifamily 1992-2005 $382 $48 8.,0 4.,0 2.5 4.9
6 In the 91914 zip code there are no buildings with five or more units built before 2006.
7 Since the Cool Roof measure is only required if roofing work is being completed anyway as part of the addition or remodel, it is
not included in Table 3 results.,
8 Includes$188 estimated additional permit costs
Page 3 of 3
2020-1.0-0,6 Agenda Packet Page 390 of 629
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Title 24, Parts 6 and 11
Local Energy Efficiency Ordinances
2019 Cost-Effective n ss Study:
Existing Low-rise Residential Building
Efficiency Upgrade
Prepared for:
Kelly Cunningham
Codes and Standards Program
Pacific Gas and Electric Company
Prepared by:
Frontier Energy, Inc.
Misti Bruceri &Associates, LLC
Last Modified: December 19, 2019
Zff SOUTHERN CALIFORNIAPacift Gas and
ANOW MSoCal�Gas .j EDISON"' Fll Electric C01111111rally!
a Packet Page 391 of 629
LEGAL NOTICE
This report was prepared by Pacific Gas and Electric Company and funded by the California utility
customers under the auspices of the California Public Utilities Commission.
Copyright 2019, Pacific Gas and Electric Company. All Frights reserved, except that this document may
be used, copied, and distributed without modification.
Neither PG&E nor any of its employees makes any warranty, express or implied; or assumes any legal
liability or responsibility for the accuracy, completeness or usefulness of any data, information, method,
product, policy or process disclosed in this document; or represents that its use will not infringe any
privately-owned rights including, but not limited to, patents,, trademarks or copyrights.
2020-1.0-0,6 Agenda Packet Page 392 of 629
Table ^��Contents
���
Acronyms..........................................................................................................................................................3
1 Overview...................................................................................................................................................4
2 Introduction...............................................................................................................................................4
3 Methodology and Assumptions.................................................................................................................5
3.1 Building _—................................._—_ ................................. _—................................._— ...... 5
3.2 Efficiency Measures.... _—................................._— ................................. —_—................................._- 8
3.3 Efficiency Packages................................ _— ................................. —_.................................—_ ............. Q
3.4 Measure Cost.......... _—................................._— ................................... _—................................._—_. 9
3.4.1 ......................................—_— ................................. —_.................................—_-- 11
4 Results....................................................................................................................................................12
5 Recommendations& Discussion...—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_-16
5.1 Recommended Efficiency Measures—_ ................................. _—................................._— ................... 16
5.2 Other Considerations....................... _— ................................. —_.................................................................. 18
5.3 Next Stems—_ ..................................._— ................................. —_ ................................. _—................ 18
6 References.............................................................................................................................................20
Appendix—California Climate Zone Map....................................................................................................21
Appendix B— UtilUvRaƒe Tariffs.....................................................................................................................22
AnpeDdiX[|—StaDdards Sec�oDs--------------------------------------��
6.1.1 2019 Building Energy Efficiency Standards Section 1502Ud1|_— ................................. —_ .............. 32
6.1.2 2019 Building Energy Efficiency Standards Section 150.2(b)1E----................................. 32
6.1.3 2019 Building Energy Efficiency Standards Section 11O.9(b)4........................................................................ 33
AppendixD—Measure Tables.........................................................................................34
2QI9-I2-19
List of Tables
'Table 1: Prototype Characteristics,---..,................................. ................................. ................................. 6
Table 2: Efficiency Characteristics for Three Vintage Cases ................................. ................................... 7
Table 3: Measure Descriptions,&Cost Assumptions' ................................... ................................. ......... 10
'Table 4: IOU Utility Tariffs Applied Based on Climate Zone,..,..,..,.................................1.........�.................................1........ 11
Table 5: Final Financing Assumptions.............................................. ................................. ............................... 12
'Table 6: Summary of Single Family Results.,--..,................................. ....�................................. ....�......................... 14
Table 7: Summary of Multifamily Results........,................................. ................................. ............................. 15
Table 8: PG&E Baseline Territory by Climate Zone.......,................................. ................................. ............. 23
'Table 9: SCE Baseline Territory by Climate Zone,..,..,..,.................................1.......�.................................1.......�................. 26
'Table 10: SoCalGas Baseline Territory by Climate Zone.,..,..,.................................................................................................... 28
'Table 11: SIDG&E Baseline Territory by Climate Zone.................................1.�..�..�..�..�.................................1.�..�..�..�..... 29
'Table 12: Real Utility Rate Escalation Rate Assumptions.,---..,................................................................................................ 31
'Table 13: CZ 1 -Single Family Efficiency Upgrade Cost-effectiveness Results...................................................................... 34
Table 14: CZ 1 - Multifamily Efficiency Upgrade Cost-effectiveness Results(Peer Unit) .........1.�..�..�..�............................... 34
Table 15: CZ 2-Single Family Efficiency Upgrade Cost-effectiveness Results............................................................ 35
Table 116: CZ 2-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit)................................................ 35
Table 117: CZ 3-Single Family Efficiency Upgrade Cost-effectiveness Results............................................................ 36
Table 18: CZ 3 Multifamily Efficiency Upgrade Cost-effectiveness Results(Per U!nit)................................................ 36
Table 19: CZ 4 Single Family Efficiency Upgrade Cost-effectiveness Results............................................................ 37
Table 20: CZ 4 Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Uinit)................................................ 37
Table 21: CZ 5 PG&E/PG&E-Single Family Efficiency Upgrade Cost-effectiveness Results.............................�......... 38
Table 22: CZ,5 PC IPC -Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit)............. ...... 38
Table 23: CZ 5 PG&E/SoCalGas-Single Family Efficiency Upgrade Cost-effectiveness Results................................ 39
Table 24: CZ 5 PG&E/SoCalGas- Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit).................... 39
Table 25: CZ 6-Single Family Efficiency Upgrade Cost-effectiveness Results.................. ................................. 40
Table 26: CZ 6-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit) ......................................... 40
Table 27: CZ 7-Single Family Efficiency Upgrade Cost-effectiveness,Results............................................................41
'Table 28: CZ 7- Multifamily Efficiency Upgrade Cost-effectiveness Results (Peer Unit)................................................41
Table 29: CZ 8-Single Family Efficiency Upgrade Cost-effectiveness Results............................................................42
Table 30: CZ 8- Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit).....................................................42
Table 31: CZ 9-Single Family Efficiency Upgrade Cost-effectiveness Results............................................................43
Table 32: CZ 9-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit)................................................43
Table 33: CZ 10 SCE/SoCalGas-Single Family Efficiency Upgrade Cost-effectiveness Results.................................44
Table 34: CZ 10 SCE/SoCalGas-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit).....................44
Table 35: CZ 10 SDG&E-Single Family Efficiency Upgrade Cost-effectiveness Results.............................................45
Table 36: CZ 10 SDG&E-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit).......................... 45
Table 37: CZ 11 -Single Family Efficiency Upgrade Cost-effectiveness Results..........................................................46
Table 38: CZ 11 -Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit) ..............................................46
Table 39: CZ 12-Single Family Efficiency Upgrade Cost-effectiveness Results..........................................................47
Table 40: CZ 12-Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit) .................................................47
Table 41: CZ 13-Single Family Efficiency Upgrade Cost-effectiveness Results.......................................................................48
Table 42: CZ 13-Multifamily Efficiency Upgrade Cost-effectiveness Results (Pear Unit) ..............................................48
Table 43: CZ 14 SCE/SoCalGas-Single Family Efficiency Upgrade Cost-effectiveness Results.,................................49
Table 44: CZ 14 SCE/So�CalGias- Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit).....................49
Table 45: CZ 14 SDG&E-Single Family Efficiency Upgrade Cost-effectiveness Results.....,........................................ 50
Table 46: CZ 14 SDG&E-Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit).,--............................ 50
Table 47: CZ 15-Single Family Efficiency Upgrade Cost-effectiveness Results...................... ............................ 51
Table 48: CZ 15-Multifamily Efficiency Upgrade Cost-effectiveness Results(Peer .................................... 51
Table 49: CZ 16-Single Family Efficiency Upgrade Cost-effectiveness Results.......................... ........................ 52
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'Table 50: CZ 16- Multifamily Efficiency Upgrade Cost-effectiveness Results(Per Unit) ................................. 52
Acronyms
ACH50 Air Changes per Hour at 50 pascals pressure differential
ACM Alternative Calculation Method
AFUE Annual Fuel Utilization Efficiency
B/C Lifecycle B,enefit-to-Cost Ratio
BEopt Building Energy Optimization Tool
BSC Building Standards Commission
CBECC-Res Computer program developed by the California Energy Commission for use in demonstrating
compliance with the California Residential Building Energy Efficiency Standards
CFI California Flexible Installation
CZ California Climate Zone
EDR Energy Design Rating
EER Energy Efficiency Ratio
HERS Rater Home Energy Rating System Rater
HVAC Heating,Ventilation, and Air Conditioning
IOU Investor Owned Utility
kWh Kilowatt Hour
MF Multifamily
NPV Net Present Value
PG&E Pacific Gas and Electric Company
SCE Southern California Edison
SDG&E San Diego Gas and Electric
SEER Seasonal Energy Efficiency Ratio
SF Single Family
CASE Codes and Standards Enhancement
TDV Time Dependent Valuation
Title 24 Title 24, Part 6
TOLD Time-Olf-Use
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Existing Building Efficiency Upgrade Cost-effectiveness Study.
1 Overview
The California Codes and Standards Reach Codes team has completed a preliminary cost-effectiveness study for
existing bui'ldi'ng upgrades.This analysis evaluated the feasibility and cost-effectiveness of retrofit measures in
California existing homes built before 2006.A customer-based lifecycle cost approach to evaluating cost-
effectiveness was applied quantifying the utility cost swings associated with energy efficiency measures
compared to the costs associated with the measures.This preliminary study updated a cost-effectiveness study
completed in June 2018 (Statewide Reach Codes Team, 2018).The focus of this study was to revisit the
recommended retrofit efficiency measure and package cost-effectiveness based on current utility rates and
updated measure costs. Additional efforts have been identified that will be evaluated and released in an
updated Existing Building Efficiency Upgrade Cost-Effectiveness Study in 2,02,0.These include:
Revisit base,case assumptions for different vintages
Additional HVAC upgrade options including:
• High efficiency equipment replacement as alternative to non-preempted upgrade
• Air sealing and attic insulation at time of HVAC replacement
• Improved duct insulation,tighter ducts, buried ducts
Additional building envelope improvements
• Higher ceiling insulation requirements
• Address low-slope roof replacements
Lighting luminaire replacements in addition to lamp replacements
• Evaluation of electrification measures at equipment change-out and electrification-ready
Additions: Installation of PV system when building an addition, and
• PV System Installation: Additional efficiency upgrade requirements when installing PV
2, Introduction
The California Building Energy Efficiency Standards Title 24, Part 6 (Title 24) (Energy Commission, 2018b) is
maintained and updated every three years by two state agencies,the California Energy Commission (Energy
Commission) and the Building Standards Commission (BSC). In addition to enforcing the code, local jurisdictions
have the authority to adopt local energy efficiency ordinances, or reach codes,that exceed the minimum
standards defined by Title 24 (as established by Public Resources Code Section 25402.1(h)2 and Section 10-106
of the Building Energy Efficiency Standards). Local jurisdictions must demonstrate that the requirements of the
proposed ordinance are cost-effective and do not result in bui'ldings consuming more energy than is permitted
by Title 24. In addition, the jurisdiction must obtain approval from the Energy Commission and file the ordinance
with the BSC for the ordinance to be legally enforceable.
This report documents cost-effective combinations of measures that exceed the minimum state requirements,
the 2019 Building Energy Efficiency Standards, effective January 1, 20201,for existing single family and low-rise
(one-to three-habitable story) multifamily buildings when a remodel is submitted for permit.This analysis does
not apply to high-rise multifamily buiild�ings (four habitable stories or greater), nor to common areas categorized
as nonresidential spaces within low-rise muiltifamily buildings. Each jurisdiction must establish the appropriate
threshold for triggering the requirements, often based on the value of the project or percent of floor area
impacted.Alternatively, a jurisdiction could require the upgrades described in this analysis at,the time of sale or
listing of a home.The analysis includes scenarios of individual measures, as well as package upgrades, and
identifies cost-effective options based on the existing conditions of the building in all sixteen California Climate
Zones (CZ) (see Appendix A—California Climate Zone Map for a graphical depiction of Climate Zone locations).
4 201 -12-
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Existing Building Efficiency Upgrade Cost-effectiveness Study.
This analysis does not evaluate the impact of retrofit measures on Title 24 compliance margins, as the proposed
measures are required in addition to achieving compliance with all codes.The analysis uses a customer-based
lifecycle cost approach for evaluating cost-effectiveness of the proposed upgrades, which requires estimating
and quantifying incremental costs and the energy and utility cost savings for each energy efficiency measure.
The applied approach establishes recommendations based on existing conditions and cost-effectiveness of each
measure or package.
3 Methodology and Assurptions
The general approach applied in this analysis is to evaluate performance and determine cost-effectiveness of
various energy retrofit measures, individually and as packages. Both single family and low-rise multifamily cases
are considered,for three unique bui'ldi'ng vintages: pre-1978, 1978-1991, and 1992-2005.The vintages were
defined based on review of historic Title 24 code requirements and selecting year ranges with disti'ngui'shing
features.
The California Building Energy Code Compliance—Residential (CBECC-Res) 2016.3.0 (SP2 977) compliance
simulation tool was used to evaluate energy savings for most measures, with the exception of those outside the
code compliance scope. In these cases,the National Renewable, Energy Laboratory's Building Energy
Optimization (BEopt v2.8 software and the EnergyPlus v8.8 simulation engine were used.
This analysis builds on the work completed for the 2016 Title 24 code (Statewide Reach Codes Team, 2018) and
has been updated to reflect changes in measure costs over,time as well as current utility tariffs. Energy
simulations were not re-evaluated in CBECC-Res 2019 because there have been minimal updates to the software
that impact the energy use results.This was validated by evaluating the pre-1978 basecase model in climate
zone 12 with the version of the CB,ECC-Res software for the 2019 code, and comparing annual energy use with
that from the 2016 version of software. Both total electricity and natural gas use differed between the two
version by less than one percent.Therefore,this analysis can support ordinances adopted under either the 2016
or 2019 Title 24 code.
3.1 Building Prototypes
W -
The Energy Commission defines building prototypes which it uses to evaluate the cost-effectiveness of'proposed
changes to Title 24 requirements. For the multifamily analysis, the Energy Commission eight-unit,two-story,
multifamily new construction prototype was determined to be representative of low-rise multifamily buildings
across the state within the vintages evaluated under this analysis.A single two-bedroom unit was extracted
from the multifamily building model because CBECC-Res cannot evaluate building envelope air sealing for
multifamily buildings.The two-bedroom unit was modified to be orientation neutral and represent the average
properties of a lower floor and upper floor unit. Only individual, in-unit water heating and space conditioning
systems we,re,evaluated.Additional details on the multifamily prototype can be found in the Alternative
Calculation Method (ACM)Approval Manual (Energy Commission, 2018a).
Average home size has steadily increased over time,1 and the Energy Commission single family new construction
prototypes are larger than many existing single family homes across California. For this analysis an existing home
1 htts,://www.census.gov/cons,t/C25Ann/sftotalmiedavgs,gft.p f
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model developed by the Energy Commission for residential ACM testing'was used with the following revisions.
The original model includes an existing 1,440 square foot space and a 225 square foot addition. For this analysis,
the entire 1,665 square feet was evaluated as existing space and features (i.e., insulation levels, glazing) were
applied consistently across the entire bui'ldi'ng consistent with the existing home specifications in Table 2.
Additions are not addressed in this analysis as they are already addressed by the Title 24, Part 6 code.
Table I describes the basic characteristics of each prototype.
Table 1: Prototype Characteristics
'Single Family Multifamily
Existing Cond�itione,d Floor Area 1,665 ft2 960 ft2 unit
it
Num. of Stories 1 1
Nu�m. of Bedrooms 3 2
Window-to-Floor Area Ratio 13% 15%
Three building vintages were evaluated to determine sensitivity of existing building performance on cost-
effectiveness of upgrades. For example, it is widely recognized that adding attic insulation in an older home with
no insulation is cost-effective, however, newer homes will likely have at least some existing insulation in the
attic reducing the potential savings from the measure. The building characteristics for each vintage were
determined based on either prescriptive requirements from the Title 24 code that was in effect or standard
construction practice during that time period. Based on the vintages selected,this analysis covers homes built
before 2006. Homes built between 2006 and 2012 are expected to be similar in envelope characteristics to the
1992-2005 era homes, but include higher performing HVAC.
Table 2 summarizes the assumptions for each of the three vintages. Additionally,the analysis assumed the
following features when modeling the prototype buildings:
Individual space conditioning and water heating systems, one per apartment or single family building.
Multifamily buildings with central HVAC or water heating systems were, not considered in this
evaluation.
Split-system air conditioner with gas furnace. Efficiency defined by year of the most recent equipment
replacement(based on standard equipment lifetime).
Small storage gas water heater. Efficiency defined by year of most recent equipment replacement
(based on standard equipment lifetime).
Gas cooktop, oven, and clothes dryer.
2 Residential ACM test U12 can be accessed at the following website:
htt :,// ww.bwilcox.com/BEES/cbecc20l6.htmil
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Table 2: Efficiwencv Characteri*sfic,s for Three Vintage Case,s
C zi
Building Component Efficie Vintage Caaqu
Feature Pre-19�78 1978-1991 19�92-2005
Envelope I I
Exterior Walls 2x4 16"oc wood frame, R-0 2x4 16"oc wood framel R-11 2x4 16"oc wood framel R-13
Foundation Type& Insulation Raised floor, R-0 Uninsulated slab(CZ 2-15) Uninsulated slab(CZ 1-15)
Raised floor, R-0(CZ 1& 16) Raised floor., R-19(CZ 16)
Vented attic, R-11 @ ceiling level
Ceiling Insulation &Attic Type Vented attic', R-5 @ ceiling level (CZ 6, Vented attic, R-19 @ ceiling level Vented attic, R-19 @ ceiling level
&7)
Roofing Material &Color Asphalt shingles,dark Asphalt shingles,dark Asphalt shingles,dark
Radiant Barrier No No No
Window Type: U-factor/SHGC1 Metal,single pane: 1.16/0.76 Metal,dual pane:0.791/0.70 Vinyl,dual pane Low-E:0.55/0.40
House Infiltration 10 ACH50 10 ACH50 7 ACH50
HVAC Equipment2
—�Heating Efficiency 78 AFUE(assumes 1 replacement) 78 AFUE(assumes 1 replacement) 78 AFUE
Cooling Efficiency 9.,7 SEER(assumes 1 replacement) 9.,7 SEER(assumes 1 replacement) 9.,7 SEER
Duct Location & Details Attic, R-2.1,30%leakage Attic, R-2.1.,25%leakage Attic, R-4.2,25%leakage
Whole Building Mechanical Ventilation None None None
Water Heating Equipment2
Water Heater Efficiency 0.,575 Energy Factor(assumes 2 0.,575 Energy Factor(assumes 1 0.575 Energy Factor
replacements) replacement)
Water Heater Tank 40gal uninsulated tank 40gal uninsulated tank 40gal uninsulated tank
Pipe Insulation None None None
—�Hot Water Fixtures Standard, non-low flow Standard, non-low flow Standard, non-low flow
1 Window type selections were made based on conversations with window industry expert, Ken Nittler., If a technology was entering the market during the time
period (e.g. Low-E during 1992-2005 or dual pane during 1978-1991)that technology was included in the analysis.This provides a conservative assumption for overall
building performance and additional measures may be cost effective for buildings with lower performing windows,for example buildings with metal single pane
windows in the 1978-1991 vintage.,
2Multifamily analysis assumes one HVAC and water heating system per apartment.
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3.2 Efficiency Measures
The methodology used in the analyses for each of the prototypical building types begins with a design that
matches the specifications as described in Table 2 for each of the three vintages. Prospective energy efficiency
measures were modeled in each of the prototypes to determine the projected electricity and natural gas energy
savings relative to the baseline vintage. In some cases, where logical, measures were packaged together. Unless
specified otherwise, all measures were evaluated using CBECC-Res.
All measures are evaluated based on work required above and beyond any work triggered by Title 24 code
requirements. Measures apply regardless of the scope of the remodel and are evaluated assumi,ng they are not
otherwise required by Title 24. For example, duct sealing is required by code whenever heating and cooling
equipment i's altered. For this analysis duct sealing was evaluated for those projects where it is not al�ready
triggered by code (i.e., no changes to the heating or cooling equipment). Where appropriate, measure
requirements align with those defined i'n Title 24.The one exception is the cool roof measure which a�pplies
when a building is a�lready installing a new roof as part of the remodel.The minimum solar reflecta�nce value is
more stringent than that required in Title 24, Part 6.
Following are descriptions of each of the efficiency u�pgrad�e measures applied in this analysis.
Attic Insulation: Add attic insulation in bui'ldi'ngs with vented attic spa�ces to meet R-38.
Air Sealing&Weather-stripping; Apply air sealing practices throughout all accessible areas of the building., For
this study, it was assumed that older vintage buildings would be leakier than newer buildings and that
approximately 30% improvement in air leakage was achievable through air sealing of all accessible areas. For
modeling purposes,, it was assumed that air sealing can reduce infiltration levels from 10 to 7 air changes per,
hour at 50 Pascals pressure difference (ACH50), in the two older vintages (pre-1992) and from 7 to 5 ACH50 in
the newer vintage.
Cool Roof:: For steep slope roofs, install a roof'ing product rated by the Cool Roof Rating Council (C,RRC,)with an
aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher.This measure only applies to
buildings that are installing a new roof as part of the scope of the remodel; the cost and energy savings
associated with thi's upgrade reflects the incrementa�l step between a standard roofing product with one that is
CRRC rated with an aged solar reflectance of 0.25.This i's similar to cool roof requirements in 2019 Title 24
Section 150.2(b)lli but assumes a higher solar reflectance.
Win�dow Replacement: Replace existing single pane windows with a dual pane product, which has a U-factor
equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC)equal to 0.25 or lower.This measure was only
evaluated for the pre-19�78 vintage, which i's assumed to have single-pane, metal-frame windows.
Duct Se Air seal all cluctwork to meet the requirements of the 2019,Title 24 Section 150.2(b)1E. For this
analysis, a final duct leakage va�lue of 15 percent was applied, which corresponds to Option i in the Title 24 code
section referenced.
Water Heater Blanket: Add R-6 insulation to the exterior of exi'sti'ng residential tank storage water heaters. For
the analysis, the water heater was modeled within conditioned space, which is a typical configuration for older
homes.This assumption is conservative since a water heater located in unconditioned space will tend to have
higher tank losses and installing a water heater blanket in those situations will result in additional savings.The
energy savings for this measure reflect only water heating energy savings only, and do not include any impacts
to the space conditioning load, which reduces space cooling loads and increases space heating loads.The impact
on space conditioning energy used would be minimal. In most climates, with the exception of heating
dominated ones,the combination of these two impacts results in net energy savings. This measure was
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evaluated using EnergyPlus.This measure was evaluated for inclividual water heaters only a�nd would not a�pply
to central water heating systems.
Hot Water Pipe Insulation: Insulate all accessible hot water pipes with R-3 �pipe insulation. In certain buildings
which have slab on grade construction, and the majority of pipes located either underground or within the walls,
most of the pipes will be inaccessible. For the purposes of this analysis a conservative assumption that only ten
percent of the pipes could be insulated was applied. In buildings where pipes are located in the attic,,
crawlspace, or are otherwise more accessible, energy savings will be higher than those presented in this
analysis.This measure was evaluated using BEopt and EnergyPlus.
Low Flow Fixtures: Upgrade sink and shower fittings to meet current CALGreen requirements, which �require
maximum flow rates of 1.8 gallons per minute (gpm)for showerheads and kitchen faucets, and 1.2 gpm for
bathroom faucets. Baseline whole house hot water use was based on BEopt assumptions and this measure
assumed the upgraded fixtures reduce flow rates by ten percent for showerheads and 20 percent for all faucets
based on a 2010 water use study(ConSol, 2010).This measure was evaluated using BEopt and EnergyPlus.
LED Lighting; Replace screw-in incandescent lamps and compact fluorescent lamps (CFLs)with screw-in light
emitting diode (LED) lamps.This analysi's was conducted externa�l to the energy model and evaluated
replacement of both a single 45 W incandescent lamp and a 13W CFL lamp with an 11 W LED lamp operating
620 hours annually.Annual hour estimates were based on whole building average hours of operation from a
2010 lighting study by KEIVIA(KEIVIA, 2010). Lifetime assumptions were 1,000 hours for incandescent lamps,
10,000 hours for CFLs and 25,000 hours for LED lamps.
Lighting Vacancy Sensors: Install manual on -automatic off vacancy sensors that meet the requirements of Title
24 Section 110.91(b)4.This analysis was conducted external to the energy model, assuming ten percent savings i'n
operating hours for a single vacancy sensor installed on a switch controlling three lamps. Energy savi'ngs were
calculated assumi'ng both 45 W i'ncandescent lamps and 11 W LED lamps, operating 620 hours annually.Annual
hour estimates were based on whole building average hours of operation from a 2,010 lighting study by KEMA
(KE,MA, 2010).
3.3 Efficiency Packages
A few of the measures described above were also evaluated as part of a package.Three packages were
developed as described below.
Envelope & Duct Package—R-38 Attic ln�sulation�&Air Sealing& Duct Se Air sealing and attic insulation
are very often applied as a package in building retrofits.The boundary between the living space and vented
attics is where a significant amount of building air leakage can occur and sealing these areas as well as ducts
prior to covering the attic floor with insulation is both pra�ctica�l a�nd effective. Air sealing, cluct sealing and
insulation also directly address occupant comfort, a�s they reduce heat transfer, and result in more even
temperatures wi'thi'n the building.
Water Heating Package—Water Heater Bl�anketj, Hot Water Pipe Insulation,& Low-Fl�ow Fixtures: These three
water heating measures are all relatively low cost and work together to reduce building hot water energy use.
3.4 Measure Cost
Table 3 summarizes the cost assumptions for each of the measures evaluated. Costs were obtained from various
sources, including local contractors, i'nternet searches, past projects, and technical reports.
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Table 3: Mea,sure De,scriopti"on,s &Co,st As,sumpfionsl
Incremental Cost— Incremental Cost-
Measure Performance Single Family Build�ing Multifamily Residential Unit Source Notes
Level in (SF=single fam,ily-MF=multifamily)
Pr a 1978— 199922- Pre 1978— 1992-
1978 1991 2005 1978 1991 2005
$1.37/sqft ceiling area to add insulation to existing R-11
Attic Insu�lation R-38 $1,915 $1,548 $1,548 $500 $405 $405 Retrofit 2 insu�lation
contractor $1.21/sqft to add insulation to existing R-19 insulation
Air sealing 7 ACH50 $959 $959 n/a $341 $341 n/a Retrofit $173 materials&19.5 hours labor($40.30/hr common la,bor
5 ACH50 n/a n/a $959 n/a n/a $341 contractor' rate)'for SF.$67 materials and 6.8 hours labor for IVIF.
Aged Based on$0.32/sqft roof area incremental cost for cool asphalt
Coolroof Reflectance $577 $577 $577 $167 $167 $167 Research shingle product,plus a 10%contractor markup.Higher
report3 reflectance values for lower cost are achievable for tile roof
>0.25 products
Window U�-factor/ 0.32/0.25 $9,810 n/a n/a $5,873 n/a n/a Retrofit 4 Based on$45/sqft window area installed cost
SHGC contractor
15%of HVAC Assumes 4 hours of labor for SF and 2 hours per IVIF apartment
Duct sealing nominal $240 $240 $240 $120 $120 $120 contractor with ducts in the attic($54/hr HVAC labor�rate)5+$24 material
airflow for SF and$12 material for IVIF(per unit).
Water heater Internet
blanket R-6 $40 $40 $40 $40 $40 $40 search $20 blanket+Y2-hr labor($40.30/hr laborer�rate)5
Hot water pipe ;I -%% Internet $0.20/ft Of W pipe insu�lation.10ft total+1-hr labor($40.30[hr
insu�lation 3/4 (R-3) $42 $42 $42 $42 $42 $42 search common labor rate)5
Showerheads at$34.74 each+sink aerators at$5,.37 each+1-
Low flow fixtures CALGreen $126 $126 $126 $86 $86 $86 Retrofit 4 hr labor($40.30/hr common labor�rate)5.2 showerheads&3
contractor aerators assumed for SF and 1 showe�rhe�ad and 2 aerators for
IVIF.
$4 for LED dimmable A19�lamp 60W equivalent.$0.97 for an
LED lamp 11W screw-in $4 $4 $4 $4 $4 $4 Internet eq�uivalent incandescent product which was used to estimate
bulb search total rep�lacement costs.Cost based on a single lamp
replacement
Vacancy Sensor manual on, $30 $30 $30 $30 $30 $30 Internet $20 per sensor+1/4-hr labor($40.30/hr common labor rate)5.
a uto off search
Costs include contractor overhead and profit
Source: Retrofit contractor pricing, including labor,obtained by Davis Energy Group through the 2012 LA County Retrofit Program (DEG, 2017).
Codes and Standards Enhancement Initiative: Residential Roof Envelope Measures. 2013 Title 24.
htlt " energV.ca-gov/t,itl�e24/2013st,andards/prerulemaking/documents/current/Repo�rt,s/Resident,ial/Envel�ope 2013 CASE R Roof M�easures Oct 2011.p f
P://WWW
4 Source: Retrofit contractor pricing obtained by Davis Energy Group through the Stockton Energy Challenge neighborhood retrofit program (DEG, 2017).
Labor rates are estimated from RSMeans(RSMeans, 2014).
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3.4.1 Cost-Effec veness
A customer-based approach to evaluating cost-effectiveness was used based on experience with reach code
adoption by local governments. Residential utility rates at the time of the analysis were applied to calculate
utility costs for all cases and determine cost-effectiveness for the proposed measures and packages. First year
utility costs were calculated using hourly e�lectricity and gas output from CBEC,C-Res and applying the utility
tariffs summarized in Table 4.The applicable re�sidential time-of-use (TOU) rate was applied to all cases.
Climate zones have been applied according to the predominant investor owned utility(IOU) serving the
population of each zone., Climate Zones 10 and 14 are evaluated with both SCE/SoCalGas and SDG&E tariffs
since each util�ity ha�s customers within these climate zones. Climate Zone 5, is evaluated under both PG&E and
SoCalGas natural gas rates.
Table 4: IOU Uti ity Tariffs Applied Baised on Climate Zone
Climate Zones Ellectric/Gas Electricity Naturall
Utility (Standard�) Gas
1-51 11-13, 16 PG&E E-TOUI G1
Option B
S PG&E E-TOUI GR
SoCalGas Option B
61 8-10, 14, 15 SCE/SoCalGas TOU-D-4-9 GR
7, 10, 14 E7 D TOU-DR1 GR
SIDGM
Source: Utility websites,see Appendix B—Utility Rate Tariffs for details
on the tariffs applied.
Utility rates are assumed to escalate over time, using assumptions from research conducted by Energy and
Environmental Economics (H) in the 2019 study Residential Building Electrification in California study(Energy&
Environmental Economics, 2019�). Escalation of natural gas rates between 2019 a�nd 2022 is based on the
currently filed General Rate Cases (GRCs) for PG&E, SoCa�lGas and SDG&E. From 202,3 through 202,5,ga�s rates
are assumed to escalate at 4% per year above i'nfl�ation,which reflects historica�l rate increases between 2013
and 2018. Escalation of electricity rates from 2019 through 2025, is assumed to be 2% per year above inflation,
based on electric utility estimates.After 2025, escalation rates for both natural gas and electric rates are
assumed to drop to a more conservative 1% escalation per year above inflation for long-term rate trajectories
beginning i'n 2026 through 2050. See Appendix B—Utility Rate Tariffs for additional details.
Cost-effectiveness was evaluated for all 16 climate,zones and results are presented as a lifecycle benefit-to-cost
(B/C) ratio, a net present value (NPV) metric which represents the cost-effectiveness of a measure over a 30-
year lifetime taking into account discounting of future savings and costs and financing of incremental first costs.
A value of one indicates the NPV of the savings over the life of the measure is equivalent to the NPV of the
lifetime incremental cost of that measure. A value,greater than one represents a positive return on investment.
The B/C ratio is calculated according to Equation L
Equation 1
Benef it — to — Cost Ratio _' NPV of lif etime benef it
NPV of lifetime cost
The benefit is represented by annual utility savings and the cost by incremental first cost and replacement costs.
The lifetime costs or benefits are calculated according to Equation 2.
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Equation 2
NPV of liff eti'me co�st or benefit 11' (Annual cost or benefit)t
t=O (1+r)t
Where:
• n = analysis term
• r= discount rate
The following summarizes the assumptions applied in thi's analysis to both methodologies.
9 Analysis term of 30-years
0 Real discount rate of 3 percent
0 First incremental costs are financed into a mortgage or loan
Table 5 summarizes the financing assumptions and terms that were applied in this analysis.The ana�lysis term is
30 years in all cases.The LED lighting and vacancy sensor upgrades are the only measures that are not assumed
to be financed.
Table 5: Final Financing Assumptions
Loan Loan
Term Rate
Single Family 30 5%
Multifamily 10 4%
Simple payback is also presented and is calculated using the equation below.
Simple payback=First incremental costlFirstyear utility cost sa t4ngs Equation 3
Maintenance costs were not included for any measures because there are no incremental maintenance costs
expected for any of the measures evaluated.Any maintenance requi,rements,that would apply are similar to
both the upgrade and the base case. LED lamp upgrade is the only measure with assumed replacement costs
based on lifetime assumptions of LED and incandescent technologies and estimated operating hours. See the
measures description in Section 2.2 for additional details.
4 Results
Cost-effectiveness analysis was completed for the three vintages and both single family and multifamily unit
prototypes. Evaluations looked to identify cost-effective energy upgrades for existing buildings at the time of a
remodel. Results are summarized below as well as in Ta�ble 6 for single family and Table 7 for multifamily.
Results of cost-effectiveness analysis along with energy savings are presented in Appendix D—Measure Cost-
effectiveness Tables in Table 13 through Table 50 for single family and multifamily buildings, by climate zone.,
Site energy savings, cost savings,. measure cost, and cost-e�ffectiveness including simple payback and lifecycle
B/C ratio are provided. Results are presented for each of the three vintages.Shaded rows in the tables indicate
that the measure, is not cost-effective.The lifecycle B/C ratio threshold of one for the financed measures is
roughly equivalent to a simple, payback of 20 years for single,family and 24 years for multifamily. For,Climate
Zones 10 and 14, cost-effectiveness results are separated out for buildings in both SCE and SDG&E territories,
which differ based on applicable utility rates.
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Some measure results do not differ between the vi'ntages such as LED lamp replacement and water heating
upgrades.The water heating and LED lighting measures are cost-effective for both single fami'ly and multifamily
in all cases. Cost-effectiveness for the envelope and seali'ng measures is dependent on climate zone and building
vintage. A summary of these results i's provided below.
Envelope & Duct Package—R-38 Attic Insulation&Air Sealing& Duct Seal All three of these measures are
cost-effective for all vintages in inland, cooling climates, as we�ll as cold climates (Climate Zone 1, and 9-16 for
single family and Climate Zone 1, 2,4, and 8-16 for multifamily).
Duct sealing is cost-effective in all cases except for single family homes in Climate Zone 6 built after 1991 and
Climate Zone 7 built after 1977; and multifamily in Climate Zone 5 PG&E territory and Climate Zone 7 built after
1991.
Air sealing and attic insulation are less cost-effective in newer vintages in transitional and coastal climates.This
package of measures is cost-effective in the following cases:
Buildings built between 19�9�2 and 2005: Single family Climate Zones 1 and 91-16; and multifamily Climate
Zones 11 21P 41 and 8-16.
Buildings built between 19,78,and 19,911: Single family Climate Zones 1,4 and 8-16; and multifamily
Climate Zones 1, 21 4 and 8-16.
Buildings built before 19,78: Single family and multifamily in Climate Zones 1-16.
Cost-effectiveness of the envelope and duct measures was better in SDG&E territory than SCE territory for both
Climate Zone 10 and 14.
Cool Roofi.� Cool roof is cost-effective for all vintages of single family homes in Climate Zones 8 through 15 and
multifamily homes in Climate Zones 2,4, and 6 through 16. It is also cost-effective for homes built before 19,78
for single family i'n Climate Zone 2,41 6�, and 7 and for multifamily buildings in Clim�ate Zone 5.
Window Repllacement:�Window replacements are only cost-effective in buildings built before 19�78 in single
family homes in Climate Zones 10 i'n SDG&E territory only and 13 through 15; and in multifamily homes in
Climate Zones 5 in PGM territory only, 10 in SDG&E territory only, and 11-16.
Water Heating Package—Water Heater Blanket,, Hot Water Pipe Insulation,& Low-Fl�ow Fixtures: The package
including these three water heating measures is cost-effective in all climate zones.
Lighting—LED Lamps: Replacing either an existing CFL or incandescent lamp with an LED lamp is cost-effective in
all climate zones.The lighting results in Appendix D report c,ost-effectiveness for replacement of CLFs with LED
lamps. Replacement of i'ncandescent with LED lamps result in simple payba�cks of less than one year�. While
vacancy sensors are cost-effective when incandescent lamps are assumed, once lamps are replaced with LED
luminaires', most of the savings disappear and vacancy sensors are not cost-effective. In 20201, industry standard
practice will be 45 lumens per Watt or greater for all lamps,which make the vacancy sensor measure not cost-
effective.
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Table 6: Summary of Sing e Family Results
CASE CZ1- CZ2- CZ3- CZ4- CZ5- CZ5- CZ6- CZ7- CZ8- CZ9- CZ10" CZ10- CZ11- CZ12- CZ13- CZ14- CZ14- CZ15- CZ16-
PGE PGE PGE PGE PGE SCG SCE SDGE SCE SCE SCE SDGE PGE PGE PGE SCE SDGE SCE PGE
Pre- Ducts'/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/
1978 R-382/ R-38/ R-38/ R-38/ R-38/ Ducts Ducts Ducts R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/
jAi r,Sea,13 AirSeal Air Seal AirSeal Air Seal Air Seal AirSeal Air Seal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal
Envelope 1978- Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/
& Duct R-38/ Ducts Ducts Ducts Ducts Ducts Ducts R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/
Package, 1991 1 Air Seal Air Sea,I Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal
1992- Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/
Ducts
2005 Ducts Ducts Ducts Ducts Ducts Ducts Ducts R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/
Air Seal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal
Pre-
1978 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Cool 1978-
Roof 1991 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1992- Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
2005
Pre-
Wind�ows 1978 Yes Yes Yes Yes Yes
IMS1
Water All
Heating Vintages Yes es, Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Package,
LED All
Lamps Vintages Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Ducts refers to the Duct Sealing upgrade,which calls for the air seal of all ductwork to meet the requirements of the 2019 Title 24 Section 150.2(b)1E.,
2 R-38 refers to the Attic Insulation upgrade,which calls for the addition of attic insulation to a minimum level of R-38 in vented attics.
3 Air Seal refers to the Air Sealing upgrade,which calls for the sealing of all accessible cracks, holes and gaps in the building envelope at walls,floors,and
ceilings.,
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Table 7: Summary of Multifami y Results
74-
CASE CZ1- CZ2- CZ3- C I CZ5- CZ5- CZ6- CZ7- CZ8- CZ9- CZ10- CZ10- CZ11- CZ12- CZ13- CZ14- CZ14- CZ15- CZ16-
PGE PGE PGE PGE PGE SCG SCE SDGE SCE SCE SCE SDGE PGE PGE PGE SCE SDGE SCE PGE
Pre- Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/
1978 R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ Ducts R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/ R-38/
Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal
Envelope 1978- Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/ Ducts/
& Duct 1991 R-38/ R-38/ Ducts R-38/ Ducts Ducts Ducts Ducts �R-38/ R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/
Package, Air Seal Air Seal Air Sea,I Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal Air Seal
1992- Ducts/ Ducts/ Ducts/ Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/ �Ducts/ Ducts/
2005 R-38/ R-38/ D u cts Ducts Ducts R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/ �R-38/ R-38/
Air Sea AirSeal Ai rSea I Air Seal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal Air Seal AirSeal
Pre- Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1978
Cool 1978-
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Roof 1991
1992-
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
2005
Pre-
�1 Yes Yes Yes Yes Yes Yes Yes Yes Yes
Wind�ows
1978
Water All
Heating Vintage,s� Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Package,
LED All
Lamps Vintages Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Ducts refers to the Duct Sealing upgrade,which calls for the air seal of all ductwork to meet the requirements of the 2019 Title 24 Section 150.2(b)1E.,
2 R-38 refers to the Attic Insulation upgrade,which calls for the addition of attic insulation to a minimum level of R-38 in vented attics.
I Air Seal refers to the Air Sealing upgrade,which calls for the sealing of all accessible cracks, holes and gaps in the building envelope at walls,floors,and
ceilings.,
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5 Recommendations & Discussion
This analysis evaluated the feasibility and cost-effectiveness of retrofit measures in California existing homes
built before 2006. A customer-based lifecycle cost approach to evaluating cost-effectiveness was applied
quantifying the utility cost savings associated with energy efficiency measures compared to the costs associated
with the measures.
5.1 Recommended Efficiency Measures
Based on the analysis,the following cost-effective measures or packages of measures are recommended.The
multifamily measures apply only to residentia�l spaces in lo�w-ri'se buildings (3 stories or fewer) and not to a�ny
common or non-resi'denti'al spaces. Descriptions of each measure or pa�cka�ge a�re provided below. In most ca�ses,
exceptions are defined which would exempt a particular project from a measure if certain conditions exist.
These exceptions are based on existing on-site conditions and cost-effectiveness.
Attic Insulation:Add attic insulation to a minimum level of R-38 in vented attics.This measure applies to homes
according to vintage, building type and climate zone as defined in Table 6,and Table 7.
Exception 1: Buildings without vented attic spaces and buildings with existing attic insulation levels greater
than R-191 in Climate Zones 1-5 and 8-16 and greater than R-5 in Climate Zones 6 and 7.
Air Sealing: Seal all accessible cracks, holes and gaps in the building envelope at walls,floors, and ceilings. Pay
special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light
fixtures, and windows. Weather-strip doors if not already present.Verification shall be conducted following a
prescriptive checklist(to be developed)which outlines what building aspects need to be addressed by the
permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing
showing at least a 3,0% reduction from pre-retrofit conditions.This measure applies to homes according to
vintage, building type and climate zone as defined in Table 6 and Table 7.
Exception 1: Buildings that can demonstrate blower door test results showi'ng 5 ACH50 or lower or can
otherwise demonstrate that air sealing meeting the requirements of this ordinance was conducted within
the last 12 months.
Duct Se : Air seal all cluctwork to meet the requirements of the 2019 Title 24 Section 150.2(b)IE, with the
exception that duct testing is not required to be verified by a HERS Rater.The duct system must be tested to
confirm that the requirements have been met.The building department may allow the contractor to self-certify,
may request to be present at the time of leakage testing, or may engage another thi'rd-party consultant to verify
the duct sealing. See Appendix C—Standards Sections for additional details on the requirements per Title 24.
This measure applies to homes according to vintage, building type a�nd climate zone as defined in Table 6 and
Table 7.
Exception 1: All exceptions as stated in the 2019 Title 24 Section 150.2(b)lE are allowed.
Exception 2,: Projects that require duct sealing as part of an HVAC alteration or replacement must meet all of
the requirements of Title 24, Part 6, including HERS Rater verification.
Envelope & Duct Pac This is the combination of the Attic Insulation', Air Sealing, and D�uct Sealing upgrades
listed above.
Cool Roof:When replacing a �roof, install a roofing product rated by the Cool Roof Rating Council to have an
aged solar reflectance equal to or greater than 0.251, and a thermal emittance equal to or greater than 0.75,
regardless of the compliance approach (prescriptive or performance).This measure only applies to steep slope
roofs (ratio of rise to run greater than 2:12) and to buildings that are installing a new roof as part of the scope of
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the remodel and where more than SO percent of the roof is being replaced.This applies only to certain homes
according to vintage, building type and climate zone as defined in Table 6 and Table 7. Low slope roofs (ratio of
rise to run of 2:12 or less) shall meet the requirements of Section 1SO.2(b)11ii of 2019,Title 24 Standards. See
Appendix C—Standards Sections for additional details on the requirements per Title 24.
Exception 1,: �Projects that are not installing a new roof as part of the scope. Only areas of roof that are to be
re-roofed are subject to the cool roof upgrade.
Exception 2: All exceptions as stated in the 2019 Title 24 Section 150.2(b)lli for steep slope roofs and
150.2(b),11ii for low slope roofs are allowed.
Windows: In a few climate zones, window upgrades were found to be cost-effective for the pre-1978 vintage
buildings with existing si'ngle pane windows but is not inc,luded as a recommended measure.The cost
requirement for window replacement is significant and the margin for cost-effec,tiveness is lower than many
other measures.
Water Heating Package: Add exterior insulation meeting a mi'nimum of R-6 to storage water heaters. Insulate
all accessible hot water pipes with pipe insulation a minimum of%"' inch thick.This includes insulating the supply
pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or
crawlspaces. Upgrade fittings in sinks and showers to meet current CALGreen requirements.
Exception 1: Water heater blanket is not required on water heaters less than 20 gallons.
Exception 2: Water heater blanket not required if application of a water heater blanket voids the warranty
on the water heater.
Exception 3: Fixtures with rated or measured flow rates no more than ten percent greater than current
CALGreen requirements.
Exception 4: Water heater blanket is not required for multifamily buildings with central water heating
systems.
Lighting—LED Lamps: Replace all interior and exterior screw-in (A-base) incandescent, halogen, and compact
fluorescent lamps with screw-in LED lamps.
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5.2 Other Considerations
HERS Field Verification: HERS field verification is not required to meet any of the requirements for the
recommended measures unless the measure is used to meet Title 24 compliance. Measure installation shall be
verified by a city building inspector or another third-party inspector deemed appropriate by the building
department. While a HERS Rater is not required, one could be used as an alternative to inspections by the
building department.
Combustion Appliance Safety and Indoor Air Quality: Implementation of some of the recommended measures
will affect the pressure balance of the home which can subsequently impact the safe operation of existing
clom�bustion appliances as well as indoor air qua�lity. Buildings with older gas appliances can present serious
health and safety problems which may not be addressed i'n a remodel if the appliances are not being replaced. It
is recommended that the building department require inspection and testing of all combustion app�li'ances after
completion of the retrofit work. It"s also recommended that jurisdictions require combustion safety testing by a
certified professional whenever air sealing and insulation measures are applied, and existing combustion
appliances are located within the pressure boundary of the building.
Jurisdictions may also want to consider requiring mechanical ventilation in homes where a�ir sealing has been
conducted. In older buildings, outdoor air is typically introduced through leaks in the building enve�lope�.After air
sealing a building, it may be necessary to forcefully bring in fresh outdoor air using supply and/or exhaust fans to
minimize issues associated with indoor air quality.
Reguired Measures Included in Title 24 Performance Simulation: If any of the measure�s above are included in a
performance Title 24 compliance report,, it's suggested that trade-offs be allowed as long as all minimum code
requirements are met. For example, if a project is installing new windows and a new roof and insulating the attic
and is demonstrating compliance with Title 24 with a performance simulation run, it would be acceptable if the
installed roof did not meet the requirements listed above as long as this was traded off with either an increase
in attic insulation or better performing windows.This would also allow trade-offs for projects that are installing
high impact measures, such as solar water heating or whole house fans.This would require two simulation runs;
however, it"s not expected this approach would be uti'lized often. Run#1 would evaluate the proposed bui'ldi'ng
upgrades.This would also be the report submitted to the building department for the permit appl�ication
demonstrating compliance with Title 24. Run#2 would also be completed with the mi'nimum ordinance
requirements modeled for each of the affected bui'ldi'ng components. In order to show compliance with the
ordinance the applicant would need to demonstrate that the proposed upgrades (#1)would result in annual
time dependent valuation (TDV) energy use equal to or less than the annual TDV energy use of the case based
on the ordinance requirements (#2).
5.3 Next Steps
The focus of this study was to update the existing building upgrade cost-effectiveness study completed in June
2018 (Statewide Reach Codes Team, 2018), based on current utility rates and updated upgrade costs.Additional
efforts have been identified that will be evaluated and released in an updated Existing Building Efficiency
Upgrade Cost-Effective n ess Study in 2020.These include:
Revisit base case assumptions for different vintages
Additional HVAC upgrade options including:
• High efficiency equipment replacement as alternative to non-preempted upgrade
• Air sealing and attic,insulation at time of HVAC replacement
• Improved duct insulation, tighter ducts, buried ducts
Additional building envelope improvements
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• Higher ceiling insulation requirements
• Address low-slope roof replacements
0 Lighting luminaire replacements in addition to lamp replacements
0 Evaluation of electrification measures at equipment change-out and electrification-ready
0 PV r�equirements at time of addition, and
0 Additional efficiency upgrade requirements when installing PV
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Existing Building Efficiency Upgrade Cost-effectiveness Study
6 References
California Energy Commission. 2018a. 2019 Alternative Calculation Method Approval Ma�nua�l. CEC-400-2018-
023-CM�F. December 2018. California Energy Commission. http�s://www.energy.ca.gov/2018publications/CEC-
400-2018-023/CE,C-400-2018-023-CM�F.pd
California Energy Commission. 2018b. 2019 Building Energy Efficiency Standards for Residential and
Nonresidential Buildings. CEC-400-2018-020-CM�F. December 2018. California Energy Commission.
https://www.energy.ca.gov/2018�publications/C�EC-400-2018-020/CEC-400-2018-020-CMF
ConSol. 2010.Water Use in the California Residential Home.January 20,10.
http�://www.cbi'a.org/up�loads/5/l/2/6/5,126,8865,/2010 - chf water use study.pdf
DEG. 2017. Large Scale Residential Retrofit Program. Prepared for the California Energy Commission by Davis
Energy Group.January 2017. http�:,//www.energy.ca.gov/""""`2017p�ub�lications/""""` EC-500-2017-009/cEC-500-2017
0
KEMA. 2010. Final Evaluation Report: Upstream Lighting Program, Vol 1. KEMA, Inc. February 2010.
r
http�:,// ww.energ aweb.com/c �ucf'il�es,/18/fi�na�lupstre�amlightingevaluationre�port 2.pdT
RSMeans. 2014. R&Means Residential Cost Data 2014.
Statewide Reach Codes Team. 2018. Existing Building Efficiency Upgracle Cost-Effect ive n ess Study.June 8, 2018.
https,://Iocalenergvcodes,.com/download/""""`378/""""`file� path fieldList ential�%120Retrofit%20�Cost-Eff%20
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Appendix A California Climate Zone Map
Bu�ilding Climate Zones
Cahfo�r�nia, 2017'
1 6 EMBuilding Climate Zones,
County Boundary
..............
ON
............... ...........
21,
California Energy Commission
Source.
AW111111
J
I.............
lift
LA
"I.................
..............
j"1'4
161
15
116
16'
...........
..............
14
6,
01 50 '100, 200
�M I I es
Sa�d,1 V15112017 10-20-43 AM
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Appendix B, �- Utility Rate Tariffs
PG&E ............................................................................................................................................................23
SCE ...............................................................................................................................................................25
So�CalGas......................................................................................................................................................28
SDG&E..........................................................................................................................................................28
Escalation Assumptions...........................................................................................................................31
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Existing Building Efficiency Upgrade Cost-effectiveness Study
PG&E
The following pages provide details on the PG&E e�le�ctricity and natural gas tariffs applied in this study.Table 8,
describes the baseline territories that were assumed for each climate zone.
Table 8: PG&E Baseline Territor by Climate Zone
!_ r
Baseline
Territory
CZ01 V
CZ02 X
CZ03
CZ04 X
CZ05 T
CZ1 I R
CZ12 S
CZ13 R
CZ16 Y
The PG&,E monthly gas rate in $/therm was applied on a monthly basis for the 12-month period ending January
2019,according to the rates shown below.
Pacif ic G as a nd Electric Corn l3a ny,
Residential Non-CARE and CARE,Gas,Tariff Rates
January 1,2,018,to,Present
IS/thertin)
Mlinirnurn
Advice Transportation TOTAL Residential
Effective Letter Charge�2f Procurernent Transportation Non-CARE
Date, Nurnber (per�da y), C h a rge C h a rge2f Schedules Charge3y
(Non-CARE)
...........................................................................................................................................................................................................................................................................................
Baseline I Excess Baseline Excess
...........................................................................................................................................................................................................................................................................................
01,101,118 39,18-G $,0 09,863 $,0 37310 $,0 9,1828::$,1469,25 $-12913 8 $.1.842'35
...........................................................................................................................................................................................................................................................................:..........
02101118 39,31-G $,0 09,863 $040635 $09,18281$146925 $.1.3246,3 1 $-1.87560
.....................................................:.......................................................................
3 941-G $,0 09,863 $,0 32103 $,0 9,182'8:::$,l 469,25 $-123 9,31 $.1.79,02'8
.................................................................................................
04,101,118 39,59,-G $,0 09,863 $,0 34,783 $,0 9,182'8::$,l 46925 $-126,611 1 $.1.81708
................................................................................................................................................................................................................:.........................................................................
05,101,118 39,69,-G $,0 09,863 $,0 2'6 99,5 $,0 9,182'8:::$,l 469,25 $.1.1882'3 $-1.73920
......................................................................................................................................................................................................................................................................................
06,101,118 39,80-G $,0 09,863 $,0 2'15 71 $,0 9,182,8::$,l 46925 $.1.1339,9, 1 $-1.68496
.................................................................................................................................................................................................................:.........................................................................
07,101,118 39,84-G $,0 09,863 $,0 2'248 8 $,0 9,34 3 8 $1495 0 2' $.1.15 926 $.1.719,9,0
.................................................................................................................................................................................................................:....................................................................
08101,118 39,9,5-G $,0 09,863 $,0 28814 $,0 9,3438::$149,502' $.1.222'52' 1 $-1.78316
......................................................................................................................................................................................................................................................................................
09,101118 4,008-G $,0 09,863 $,0 2,5597 $,0 9,3438:::$,l 49,502, $.1.19,035 $.1.7509,9,
.................................................................................................................................................................................................................:....................................................................
....1.0,191,118.......4,0.1.8.-.G................$,.0...0.9,8.6.3......................$,.0...2,73.8.3...........$,.0..9'3438::$,149,502' 5.120 8 21 5.1.76,885
......................................................................................................................
11,101,118 4034-G $,0 09,863 $,0 35368 $,0 9,34 3 8 $1495 0 2 $-128 8 0 6 $.1.84870
.................................................................................................................................................................................................................:....................................................................
12101118 4046-G $,0 09,863 $,0 4293 2' $,0 9,34 3 8 1$1495 0 2' $.1.3,6,370 1 $.1.9,2434
.......................................................................................................................................:.....................................................................................................................................................
.................................................................... ................................................... .................................
Ti'
01,101,119, 41052-G $,0 09,863 $,0 43394 $10 9,9414::$1 5 90 6 3 $.1.4 2'8 0 8 $2.0 24 5 7
]... ...I ..................................................................................................................I.................................................................................................
............................ ...................... ........................................... ........................
U n less oth erw ise n oted
EffectiveJuly-1,2GGS,the Transportatio�n Charge will be no less than the 114inimurn Transportatio�n Charge of5G.G9M3(per day).Applicable to Rate Schedlule G-1 uly
a nd do,es n ot a pply to su larnetered ten a nts o fma ster-metered cu storners serted u nder ga s Rate Sch edu le GS a nd GT
Sch edu le�G-PPPS(Pu blic Pu rpo�se Progra rn Su rch a rgfe),n eeds to be added to th e TOTAL N o�n-CARE C h a rge a nd TOTAL CARE C h a rge for bill ca Icu latio�n. See Sch ed!,u le�G-PPPS for deta ils a nd exempt custorners.
CARE Schedules include California SoIar Initiative(CSI),Exernptio�n in accordance withAdice Letter 3257-G-A.
Per�dw ellin g u n it per�da y(114 u Itifa mily Serice),
Per installed space per�day(I'Jobilehorne Park Serice),
This procurement rate includes a charge of5G.G36W per therm to reflect account balance arnortizatio�ns in accordance withAdice Letter 3,1 57-�G.
Re s ide ii ti,a I lo i I I�c r-ed i t o f(�S 29,8 5)lo�e r-hi)u se[ii)Id,a ii ii ma I lo i I I�c r-ed i t ocic u the r-ea fte r-i ii the A p r-i I lo i I I cyc I,e
Seasons,Mnter=;Nov-11dar Summer=;.A.prilOct
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Pacific Gas and' Re4��sed 'CaL P.V11.'C'. Sheetft 43533-E
E 'I CwTcalihng Re4��sed 'CaL P.V11.'C'. SheetNo 4,272,8-E
foadc C im pany"'
'C'alliforma
U139 SaviFrop"TOSCO,
�El'l LIE CT RIC SCHEDULE E.-TOU S hee,t 4
RESDENTIAL TIIM�El'�-,OF-1,JSE,S�E,RV�����C�El,'
RATES:�
(CGnf'd,j
OPTION B TOTAL RATES,
Total Enargy Rate,&($per kWh), PEAK OFF-PEAK
Summier,(a[l��usa,ge',) 0.,' 7188 (Rj $G_26,881112 (Rj
W intar(611 usage) $0.2.3441 (Rj $G.,21561 (RI
��D el i'very M�in�im um B J 11 A nvouintt($,p�er�m et�eir�pe�r d ay) -112854
Califoo.,rnia C�imiate (per,hcvusekold,p,er seim J-annual payment oc,icurfing in the April and
Octalber biiflcyclem)� 3 9_4
Total bundled service dharges shown oncustomer"'s Nis we unlif',,und���ed according,to the
cam�paineint�ra,tes shawn bP,,,]G"w,,., Wheire the,de livery minim unt liill amount qp,,,'pliets,the cus't�Gmer S
bill will eqlua�l��the suni,Gf(1)�the defivery'niiinimurn 13M anioount�plus(2)For,bundled service I the
geneiration rat�e himes the numi)er of k,W h used. Far ret-veinue a,c,iccvun1Jhg powposies,the revenues
frcm the delive,,,.ry�rn��h��Mlum, b[1�1 amount wil�]be a&&.,,Jgn&d to the Trans,,.,m ission,Transmission Rate
Adjustmi�ente,,,Relialiility"Service,s, P�Ub�lic RuT�pos,e Rrogmmn s,,Nluc[ear��D ec�omm Jss""J'a"n 1,11 g
Competition"Transidon C hargets,En ergy,Cost,Recovery Amount,�DW R,Band,and New System
Generali,ain Charg es�biase,d an M h usage"Himets the correspiGinding un bundled rate cam�POne,,,,nt�,
peer,k,Wh,with any residual reavenue,azzigned to
U1, BUNIDLING-3i OF OP"TION�B TOTAL RATES,
Geni,e�frat`Jcm PEAK OFF-PEAK,
'Sumirnme.'��r�(,a�1�1�usage) $0.21238, $0 1 D932
Winter (all usag�,e) $0.1 D554 $0 08674
Di 5 1 rib�"'Ljb iion
sulmnne,�r�("a�1�1�usag'e) $0.1 D7 I G (R) $0 1 D716 (R)
Winter (all usa,ge) $0.07,853 (R) $0 07,853 (R)
Tra,,nsm,iss�dn'(afl�usage.), $0.0246�9 (R!.),
Tra,,n sm,iss�dn Rate,Adilustm,erls."'0111 usag'e) $0.0021114
Re),Iiabibty'Serwices,�" 41,11 us&ge) $0.002BO
Puh,Olic Puirpose Programs(afll usi�g,e) $0.0 141113
Nudflsa)�r Deco�irn,,,m����ssio�ni�ing�,fai�l��usage) $0.00G20
Competition Tranzitibun Charges(a El usage) W.00132
EreTfgy'Cost usagre) ($O.'GaD05�)
��DWR Bovind(aEl�usage) $0.005D3 (R)
New System Geineration Chaoirga,(all usag�,',e)"` $0.00228
Transmiss-ion "Transmiss-ion Rate Ad Y
I justmentz an,d R',,eliabflit� ��Service charges are canfb),ined for,
p,,).,rease,ntatbn an c,�ust'ani�er bills,
��D istrilyu fian an,d�N e w S ystem Ge n eirab on C h a,rig,e s are,c am,1YJ�ne,�d fb�r ptriese n tafio�n o�n custom er b i 11 Is,.
Th is samie as&,iginmemt,of revenues a,�ppfies,to dirL-,rat a cicesz and comnvuinity,choi ce ag g�r&gabon
cuslomera.
(Continued),
A'd-O"ce 5444-E Issue d b�y Submitted Dectniber,"18,,20,118,
Dec�,sion '18-08-0 13 Rb,,bert S.Ken,,ney' Effective, January"1,20,19,
Vic er P1,1rersiden t,F?egula tory A ffb�,rs, R"'ashokit'j"on,
24 20 2-
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Pacific.Gasand Reivisoled Cal". P,.U.C Shelet No. 34735-11G
Ekct&Company Calf?cielfing, Reivisoled Cal". P,.U.C Shelet No. 3-4691
U 39 Ca,,fifornio
G AS,S C H IED,U L E G_.111 Shelet I
R.Ell I DENT IAL'SEIRVICE
APPLIGABILITY:� T'Ihis,irzite s,,chedL.II,,L=r'.1 app�l���,es to natUT"M gasservicme,"to Gio�rer Eimd-Use.Customers,m FG&EI'mi
T'rzainsimiss�!�im aindlior Distri�blldfion Systems "To qIIUMifY',,se,rvice MILIst be tai,
s�!��rigjle farnily��prern�lis�es,for res�!�d.enti,41�Use, ��n6�Ud[ing tho,ser�����n a multifamily,complex,and to
commmon ajrer,24S,I�n a muffifajm[I�y oarnplex GM,GS3,1,or(33T
alre not applicable. Cernmon area ii-iccounis,thal�alre serjparat4l�y imelered by PG&E'haver im
oplijon, of switchling tai,aco�r,e,cornmercizil� Commcin zaire.,3 accouints iiare thilose
3COOL.FrAs"that pruruide&-Lis,service to cuirnrnm use ajr,eizis as deffined[n RIILIIe 111
Per D 15-10-0,32 taind D.1118-0:3-01117,1,tranqporlafiio�n rates��nGlUde,G HGil Ciampliance Cust lb,r�
...... are di�recfiy,bi[14d bry the,Al��r'RerOL.Irmes Boaff'd j(',ARB,),,,
Le mwered eintities,,zare,ex.fempl fromi payiimg AB312 GIRG thrOIILQ��h FG&EI's
riites 7L A"',C;ap,ii-i�ind�,'T"�iri-ide�,Giost�Exxemption'"crejdft for EKesecostr,wiF����be showwn arr,ii line item
on bills 3,4
TERRITORY: SzKerdule,Gii-1 izipplies ew.'�L:-,rywhere wwfth�!��ri PGOISEs naft.[Fal g3r,,Se�irvice,Terridzir Y,
RATES,:� Cuslorners m this,schediulie pil-4y'3 alnd a,Transporlation Charger,per�
rnloeler.as shown b�ieliow T'Ker T`rajnsportation Glharger will Ibe,�ino��ess tfian tKer PAfinlirn um
ch�,,RT,OR._�as fo[l��aws:
MinliMILM T"ransportation Glharq�,e:SE Per Day,
$01,Oig"(18,153
Per'T'Ke.,rm
��B arr,el i n�,er E XOE.Ss
Procure-menit $0 43.394 $U 433,94 (1)
$0&,1,941114 $111 1590&31 (11,
T'otal: $1 428H, $2,0,24,57 (1)
Natural Gias Gkimale,Credit ij($2`5......45")
(per HOLIsehold,I,tainnual psyment
occurr��ng �cycle,iaimd
in�the,Ajpril�bill Cycle)
Pub�I�i�,,c Purpose,Rrlmi Surdhagle,
Cuslorners served sched414 are,SUbject"to a gar,Plflb[!�!C PILInposer Program(PPP)
Siuschairgie under Sicheduler G-FlPPS
See Pre[!�m[inary,Stmtamen�,t, Paxt B,for"the Diefmfll�T`ah�ff'Rat.e,Componen�,ts.
T'Ihe, on thiS 5GKerdIILIIe, equivalent�tai,thie rale shvlown on!��rifonmaliio�inajl
SzKerdule,(3-CF-43as PrOCI.Fre.,meM Service tio,Core�lE�'nv(d-Use,Cu��r,�tio��me��rs
FT(73,&E's,gars tar��ffs are wivaJ I�Iab�I�ie orill at wwvm pge ceim.
Gove.,red eniifies,are nval�exveimpl fromi payipg cosIs assoicialed with LUAF(33as and Gas Used 1by-Company
FL.vci[!�,'fies.
"The ex.femption credil�,wfll b�ie eqU31"to��the effeclive nein-exernlipl�,A,B,32111,(33 H131i Compliance Cosl�Riste,($,,pev-therm)
inc,lukded Stalsime,.�int—Flart B,,irm.1fliplied b"y theCtIStOrner's billed v6l�umes(therrns)for"e,ii-ich, biffl��rigj
4 P(3&EwiF��iupdzite,��--ts 6111[ng system zainmja[I�y to refleoct nemwly��exxi-ampt or ineowly"ex.,,cIUd4,.,d customeris to coniform
wth of Directly B�iii�l��ied'CIILI�r,'ta�irne�flir,pruvid4A anlnually,by the,ARB.
The charge,does not izipply,"to SlUbmeltered teinants 0,11SIDnISIrs,serirvrerd
under garr,rate Schedules jG3,S alnd G"T Cointi�inued
Advicie� 40,561"92-G Issued b Submitted 118
Dec.,emb,er 21
Deciskan 9T.-ID-ID65,&98- Rob.�@,rt�S.-Kelinney Effeliclive Ja,ikuaTy, 1 11�9
07-021,1 E), Vice P�rei�,,sidant� rs, Riesalutrran
SCE
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The following pages provide cletails on are the SCE electricity tariffs applied in this study. Table 9 describes the
baseli'ne territories that were assumed for each climate zone.
Table 9: SCE Baseline Territory by Climate Zone
Baseline
Territory
CZ06 6
CZ08 8
CZ09 9
CZ10 10
CZ14 14
CZ15 5
D,e1h,7,e.Ty,, Generation Total Rate
( -,,'Peak,11411:00 m "9,:00 M)
On,. "P "P
E,,ne,,,r,,gy, Charg-e - S/kINVI
Sun,in,ie,,,r Se,,,,,asi,o,n - 0,,n-P,e,,,,,ak- 10-1,�918 8110 10-210072 10-399,52
ml',d-p,e,,,,,ak. 10-1,�918 8110 10-1059,48 10-258,28
OfT-Pe,,,,,ak- 10-1,5 5 7114 10-1060,23 10-21,597
Winte,,,r Se,,,,,asi,o,n - ml',d-p,e,,,,,ak. 10-1,�918 8110 10-1083,08 10-281,88
OfT-Pe,,,,,ak- 10-1,5 5 7114 10-11,3109, 10-26883
S up e,,,r-0 f f-P e,,,,,ak- 10-1,51G6,2 10-10 1,344� 10-1,641,06
B asi e Char
��ge- SI&y,
Si"n' a-le-Fanil"ly Residence 10-1031, 10-1000 10-1031,
L711' "'
Multi-Fanil"ly Residence 0_1024 10-1000 0_1024
Mininmna C.Ihai-ge - S/day,
Si'n, cfle,Faniily Residence 10-338 10-1000 10-338
L711' "' '
Multi-Fannil"ly Resil"dence 10-338 10-1000 10-338
Rasi,eti'n, elli, C.11111-edl[t - S/kINVI (0.0651 L2�"1 10-100000 (1c) (),6515"1,,2��
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Dleliv,er,� Generadon Total Rate
Ener,gy Charge-
Summe,,,r Se,,,,,asi,o,n- 0,,n-P,e,,,,,ak- 10-1,59,1126 10-1,98 1,1, 10.3 5 73 7'
ml',d-p,e ak. 10-1,59,1126 10-1,10091,12 10.26018
Off-Pe,ak- 10-108310,8 0_104687' 10.1,29,95
Winter Se,,,,,asi,o,n - ml',d-p,e,,,,,ak. 10-1,6268 10-1,676 1, 10-33,02,91
Off-Pe,,,,ak- 10-108,1081, 10-1043 3 1, 10.1,24 1,2
Super-Off-Peak 10-108081, 0_1043 3 1, 10.1,241.2
Cusi"tamer Char - S/day, 10-395 10-1000 10-395
YS
Weekda s Weekends,anid Holida
Y"
'TOU Pedold
Sur
Summ,w, Wint,er nmer, Winter,
1 4 P,.m
On-Peak 91 P M.,
pl.m.
Mid-Peak �4 �p.m. 91 p.m. P.m�, gl ,
�4 4, p.m. 9,p M.
8,&nl 8,a_m.
Off-Peak All otber hou,,,rs 9 P.m. AII oth,er hours 9 p.m.,
Super-Off-Peak 8 a.m 81a.m. - 4
..................
Y ea,r
AN,
u,n
un, �r,k "'r,11)"s Win'teril kNN"bi (ke"t
A111 Raw, ne
on
7.9
4
c)9f 16.5 1:j!.-1 1 021 31
1��01 1 S., 5 ro '1 121,111,.3 17.01
.6, 13
"I,�.3,
7 1 Is"i","'I'l low,
4
15 13 9"1.9 Ij S"'* 2
16, 14.4 11,11'
toow���� ..............................
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Existing Building Efficiency Upgrade Cost-effectiveness Study
SoCalGas
Following are the SoCalGas natural gas tariffs applied in this study.Table 10 describes the baseline territories
that were assumed for each climate zone.
Table 10: SoCalGais Baseline Territory by Climate Zone
Baseline
Territory
CZ05 2
CZ06 I
CZ08 I
E,
CZ09 1
CZ10 � 1
CZ14 2
CZ15 1
SOUTHERN CALIFORNIA GAS COMPANY Rel;i&ed L P.U.C.SEEET NO, 5,58 54-G
LOS ANGELES,�.",.UZFOTIZA Rel;ried L RU.C.SHEET NO, 5,582&G
Sch,edule No.GR Slieet,I
PISIDENTIAL SERVIC E
(Includes GR.GR-C and GT-R Rates)
APPLIC"'ABELITY
The GR rate,is applicable,to,natural gas procitrement service to indi-vidtially metered residential custoniers
The GR-C,I cross-ol,,er rette,is a core plocurement option for indi-vidually metered residentiod core
muisportation customers witli annual consumption ol;er 50,000 therms,as set forth in Special Condition 1,10
The GT-,R rate is ap'plicable to Core Aggxeization Tnansportation(�CAT)service to indilridually metered
residential customers,asset forth in Special Condition 11.
The,California Alternate,Rates for Energ��,,(CARE)discount of 20'1,6,reflected as a se arate,line,item on
P
the bill.,is applicable to inconae-qualified households tliqt meet the requirements for the CAPLE Prog am
asset forth iii ScheduleNo.G-CARE,
TERRITORY
Applic.able througliout thesenice,territoi7,.
P_k T E S, GR Gp"C' 'GT_IR
Customer Q`h�,per meter per day���... ....... ....... .....1,6.43 Sc 16 43,8�o 16.43&c
For"Space Heating,Only""'cu;stoniers,a daily
Customer Charge,applies during,the winter perio,d
�from Nol;ember 1,tlirou;2h April 30 V:... ... ... 33.1,49,c 3 3 14,91 33149�c
Baseline Rate.,per flienn(�.rseline usage defined in Special Conditions 3 an'd 4):
Y,..... ...... ..... ...... ...... N,"A
Procurement Ch.arge: ... 41.589,c 42 6760 R
Tra3ismission Charge: .... ..... ..... ....... ...... 635660 6 3 5,660 63.5 660
Total Baseline Charge: ... ...... ...... ...... ...... 10,6 242 c�� 63.566c R
.N'Q�n-Baseline,Rate.,per therm(usage in exwcess of baseline usqge):
21,..... ...... N,"A
Procurement Ch.arge: ..... ...... ...... ... 41.589,c 42 6760 R
Tra3ismission Charge:..... ..... ..... ....... ...... '996.8060 9116 80601 961060
Total Non-Baseline,Charge:.. ..... ...... ...... 13 83915-0 139,48,20 96.8�m� R
For the siturmei period beginning May 1 throtigh Odob�ex, 3 1,,with&o,me,exceptions.usage,will be
acci,imula ted to at least 20,Ccf(100 cubic feef)be,fore billing-
(Footnotes continue next p,age.)
(Co n tin ue,d)
(TO BE Kr:,ERTED BY 1, 117Y) GSUED BY (TO BE,I!,NSERTED�BY CAL FUC)
ADVICE LE7rER N0. 5410 Dan,Skop,ec -susm7rso Jan 7,�2019
DEC1310N N0 Vice President EFFECTIVE, J'qn 10,,2019
ICIF Regdatory Affairs ?,ES'0LIIJTI0NN,0. G-33511
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Existing Building Efficiency Upgrade Cost-effectiveness Study
SDG&E
Following are the SDG&E electricity and natural gas tariffs applied in this study.Table 11 describes the baseline
territories that were assumed for each climate zone.
Table 11: SDG&E Baseline Territory by Climate Zone
Baseline
Territory
CZ07 Coastal
CZ10 Inland
CZ14 Mountain
SOAN
ReVi�sed Ca,I F.U C.S,",,h es,t N,o. 3132G-E
5an Diego Gas&Eiect.ric Company
a[iifbmia, Canoeling Revised Ca I F".U C. ee t N o. 311:03-FE
San 134g,cs,CL
SCHEDULE TOU-DR1 Sheet 2
RESIDENTIAL TME-OF-USE
RATES
To ta I 111"11"Ra,tes'.
Desicirip,tioin—T'OAJ DRI UDC Total,Rate DWIR-BiC EECC Rate+ TM41
�Rate DW"R,Gredit Rate
Siiun,ii mer:
Gn-Ftmak D.,2!9 5,5 2 �R 0,005,133 R 0 350 13, R 0,65078 �R
.2
Off-ptmak 0!9552 �R 0,005,11 R 0 112, R 04,1300 �R
3 '39 R 0 35804 �R
suiper Off-Reak 0.295,52 �R 0,00541 R 0 057,
W''inIer:
On-fleak 0.32:037 �R 9,005,(13 R, 0 97d18 R 0 Q 158 �R
Z 3
Off-fleak 0.32037 �R 0,00541 R 0 0,6762 R 039302 �R
R 0 3835.2 �R
SuiperOff-Reak 0.32:037 �R 9,005,(13 R, 0 05812
S�ammer up,tal 1092-1) 1
't,20%of Baseline
Winter Ras4ine Adjustnent Cred;,?t i la, (D.'t'8q5'3 I �'O 16253", 11
11,30%of Baseline
jMnimum BJ1�Vdaj) 0329 0.329
EECC Total
Desicriptioin—TOU UDC Total DWR�Bcl Rate,+ T'DtAl E�ctive!
DRI Rate Rala �DWR Rake Care Rialm
Gredit
Siun,ii mer — CKIRE
Rat,es,:
On-Fleak 0.29*94 R O.MODD O.MOIS R 0&4507 �R 0.411528 R
Off-Fleak 0.29*94 R O.MODD 0.11:235 R 04,3729 �R 0.26077 R
3uper'DF-Peak 0.29*94 R O.MODD 0.9 6:7,331P R 0 3 5 23,3, �R 0.224,83 R
Wini—C ARE
Rates,,:
On-Peak, 0,+,1 H1512 R O.GWD,,D 0�0781S R 0 3,0527 �R, 0.2533,25 �R"
Off-peak, 0,+,1 H1512 R O.GWD,,D 0�G 0371,2 R 0 387,11 �R, 0.24770 �R"
SuiperOff-Peak 0_1411 H1512 R O.GWD,,D OZOSU R 0 37781 �R, 0�24142 �R"
Siommer Baseline
Ac�u!ilment Credit up to 0.1 W21) (0 19921 �,0.1 3028)
11"Y'D%of Bass,fine
Wnuar Baseline
AA,u5iment Credit up to (G.1 ia'&53) (G I bmz) (0.11022)
LW%of Baseline
jVlinimum Sifl('VIday) 0.104 0�104 0�154
Note:
,(I) Raies,con,sJst of U DC,3,chedu[e D�VR-BC(Deparment of Water Resou'rces Beaim,d Charge),&nd 3,chedu�O,EECt7
(EkerclOr,Eir�ergy Ccrmmadily Cost)rai vAlh the E ECC7 rates refledir g a DWR C redit.
,(2:) 7'ou,"11 RaIes pieseirybed&',re forr C1JStO115P,,1rs 1hat ineceive comimiadity su,',pply and deFveiryseirviceftm Utility.
,(3) DIN R-BC ch arges do i appl�to CAR E cu!sbo.mers.
,(4) As,irdeintified i in th e ra tes tab[es,cu!sbomer bi!Is will a lso ii,inc-Iude,I irve-Nern 5111�Rdr an d wi n1eir icredin fcor ILMS ag,#R U�p tO
ate capping boeinefit's adoa ted by Assembly B111 NX and Seinate,&I'll 5,C45
'N 30%of ba seli n e to pirowde,the ra P
(Cointiinui"ed')
2G11 1ISSUed FIFY Submited Dec 2'9,.2018
Advios,Ur.Nz�,. 33 2&E Dan Skolpec Effactive Jan 1.20 1 19
Vica,President
Decision Nica. R,eq1L1[at,'ory Affairs RIeS01116101n N"D
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Existing Building Efficiency Upgrade Cost-effectiveness Study
s
7G
Revised C F.U.,C'.Shee"I",N1113'. 2363,14,-G3
Sam Diegicv,,Gas&Electrlc Company
San D*go,CalifamJ,a C,an celing Revised C F.U.,C'.311h,ee"I'l N1113'. 2361,01-G
SCHEDULE GIR,
RESIDENTI�,A,L,NATURAL,G,A,S SERVICE
Unduldes Ra,,,,,tes, lof GRR G,R7C,,,,GT'CI,G'T,C,A
AFFLICABILITY
The,GR,rate��s appl icable to IN'ItL[ra I ga s procui,ernent,seirvice fof�i nd[Vid ua,I Ily,metei,,edl res i denti a I custonlers..
The� GR-C,1, cross-owr Fat&, is a oare� proCtilrernellit optioili for n,*de�Fed resdentia.1 ciare,
transpartalioili CLIStorners with zailirru'a I cu,-vsu n1ptim ov e�r 5 G,000 them7is,as set fod Ili i41,'S pe d a I Gond it i o�ili'I fo.
The� GTG(GTC_A rzite� is ztpplioa[.Ae� to intrastate, gas sefvices to indi'vidually metfe,md
res�ide,nt�a]�CLISblm�ers,as setfoTth iii Special Conlidilbili 11.
Oustomiers takliiig servi'tpl mill th[s schedule,im;awy be,,el igible for a 20%Calffomia Altemate,Rate,for'Ehergy
J,CARE) ragrlw discourt,y reftected as a s,&,,,par�,#e!1hie itema,,,ii the bil,11,if theyqualify"to rece,[ve,sefm-Ce Ldl
the terms and cuidifilons,of Sdi&dL11e,G,CA,,RF.
TERRITORY
Wth i n,the ent're,te rrito ry,se Ned natu ra 1,g as b, the W ity.
RATES
GR GR7C GTQj(GjTGA`P'
basaftne "Milied Hii Special Conditioilis 3 and
Baxsehne RxTte per themi ase usage de
Procumni�evl,Clha rlge .......... ....... $0.41,614 R NIA,
Charq&: ........... ....... $1.01230 S1.01,230 51.01230
TuLal 13,aseli%Chzugie $1.421,844 $,1_428,44, R $,1.0123 G
age
rr'n,(u& in excess of,talasel ine,usiage)",
NbnBlzasse[�hel Rl per the
Procweme,nt Charlge", $0.416,14 $0.41614 R NJA
9
Transm8slo"O'1111 CNIrge] $1.1,-9,8 G $11.199, $11.11919180
T6,0,I Nocn-Bzase,Ii ne Cha,rgie.,', $1.615,94. 51.61594 R $1.11919191D
Miiiimum,D�1�� per,day,
Nm-CARIE custorniers,:, ............. $0.0-91863 $0.098 63 $0.099,63
C.ARIE custornersz:, ...1.1.1..,.,.,1.1.1..,.,.,,. $,0.0 789,0� $0.07890 $0.078 DO
V The',ira,tes far im,re train, Ousloinimer-m"with th,e exce,ption of'rLjs,tomP_,,Ts tak,i,ng s-enikae,under S,abediiL�,de GT
M33V iincliude,,any FER:C Sli,ettilement Frcceeds,Memorandum ACC,i'DIUM(F"SFM Aj ciredii't adi-L'Ism' 'ents'.
2� Thisch,arge,is applisable,to Utilily�Provili r en,t Ciust'armers a, d incl ud.es the G RC and. G PC,-A Procurernent Cliarges
shawn in lule GPC wbibh, &,rle sub ect to ch ange mionth ly as set ffbartlh In Sqpedia�l Carnolli.ion T
Effectiiil starling May 1,2017,1he rnini�TWM lbliill Is ci.�Iculated as theiminimum $43.098)53 per day t"imes
$3, p&,r imon'th" ) w""11i a 2G% disal applie_,,d for CARE
diii-, inuinimblo-er of"days lin ffi�e b�,T[ing (L
CILI s tcvm er ir s ult im,g,ii n a rn i��n,i��rn u rn��b il]ch airge of K.D 7 BOO per d sy(a p prox i�rn ate,,Iy$2 4D per imonth).,
Curn tn U ed)
1 G5 I ssii.,ied by S Ll bm,,,Jtta_,,d i�an 7,2019,
Advice,Dr.Nio. 2735-G Dain�Skopec Effecd'Vp?, Jan 111,20'19,
V i cle,FrIel s i d e n t
Decis,ijlan No_ Regu latury,Affa[,is, ll
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Escalation Assumptions
The average annual escalation rates in the following table were used in this study and are from ET's 2019 study
Residential Bui'ldi'ng Electrification in California (Energy& Environmental Economics, 2019).These rates are
applied to the 2019, rate schedules over a thirty-year period beginni'ng in 2020. SDG&E was not covered in the E3
study.The Reach Code Team reviewed SDG&E"s GRC filing and applied the same a�pproach that E3 appl�ied for
PG&E and SoCalGas to arrive at average escalation rates between 2020 and 2022.
Table 12: Real Utility Rate Escalation Rate Aisisumptims
Statewide Electric Natural Gas Residential Core Rate
Residential (%/yr escalation, real)
Average Rate
(%/year, real) PG&E SoCalGas SIDGM
2020 2.0% 1.48% 6.37% 5.00%
2021 2.0% 5.69% 4.12% 3.14%
2022 2.0% 1.11% 4.12% 2.94%
2023 2.0% 4.0% 4.0% 4.0%
2024 2.0% 4.0% 4.0% 4.0%
2025 2.0% 4.0% 4.0% 4.0%
2026 1.0% 1.0% 1.0% 1.0%
2027 1.0% 1.0% 1.0% 1.0%
2028 1.0% 1.0% 1.0% 1.0%
2029, 1.0% 1.0% 1.0% 1.0%
2030 1.0% 1.0% 1.0% 1.0%
2031 1.0% 1.0% 1.0% 1.0%
20-32 1.0% 1.0% 1.0% 1.0%
2033 1.0% 1.0% 1.0% 1.0%
2034 1.0% 1.0% 1.0% 1.0%
2035 1.0% 1.0% 1.0% 1.0%
2036 1.0% 1.0% 1.0% 1.0%
2037 1.0% 1.0% 1.0% 1.0%
2038 1.0% 1.0% 1.0% 1.0%
2039, 1.0% 1.0% 1.0% 1.0%
2040 1.0% 1.0% 1.0% 1.0%
2041 1.0% 1.0% 1.0% 1.0%
2042 1.0% 1.0% 1.0% 1.0%
2043 1.0% 1.0% 1.0% 1.0%
2044 1.0% 1.0% 1.0% 1.0%
2045 1.0% 1.0% 1.0% 1.0%
2046 1.0% 1.0% 1.0% 1.0%
2047 1.0% 1.0% 1.0% 1.0%
2048 1.0% 1.0% 1.0% 1.0%
2049, 1.0% 1.0% 1.0% 1.0%
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Appendix C - Standards Sections
6.1.1 2019 Standards Section� 150.2fp�)l I
Roofs. Replacements of the exterior surface of existing roofs, including adding a new surface layer on top of the existing
exterior surface,shall meet the requirements of Section 110.8 and the applicable requirements of Subsections i and ii
where more than 50 percent of the roof is being replaced
i. Low-rise residential buildings with steep-sloped roofs, in Climate Zones 10 through 15 sha�ll have a minimum aged
sola�r reflecta�nce of 0.20 a�nd a minimum thermal emittance of 0.75., or a minimum SRI of 16.
EXCEPTION TO 150.2(b)lli:The following shall be considered equiva�lent to Subsection i:
a. Air-space of 1.0 inch (25 mm), is provided between the top of the roof deck to the bottom of the roofing
product;or
b. The installed roofing product has a profile ratio of rise to width of 1 to 5 for 50 percent or greater of the width
of the roofing product;or
c. Existing ducts in the attic are insulated and sealed according to Section 150.1(c)9; or
d. Buildings with at least R-38 ceiling insulation;or
e. Buildings with a radiant barrier in the attic meeting the requirements of Section 150.1(c)2; or
f. Buildings that have no ducts in the attic;or
g. In Climate Zones 10-15, R-2or greater insulation above the roof deck.
ii. Low-sloped roofs in Climate Zones 13 and 15 shall have a 3-year aged solar reflectance equal or greater than 0.63
and a thermal emittance equal or greater than 0.75,or a minimum SRI of 75.
EXCEPTION 1 to Section 150.2(b)111ii: Buildings with no ducts in the attic.,
EXCEPTION 2,to Section 150.2(b)llii:The aged solar reflectance can be met by using insulation at the roof deck
specified in TABLE 150.2-B.
6.1.2 2019 Standards Section� 150.2,,,(
P.2 1 E
Altered Space-Conditioning System-Duct Sealing: In all Climate Zones,when a space-conditioning system serving a single
family or multifamily dwelling is altered by the installation or replacement of space-conclitioning system equipment,
including replacement of the air handler,outdoor condensing unit of a split system air conditioner or heat pump,or cooling
or heating coil;the duct system that is connected to the altered space-conditioning system equipment shall be sealed,as
confirmed through field verifica�tion a�nd diagnostic testing in accordance with the applicable procedures for duct sealing of
altered existing duct systems as specified in Reference Residential Appendix RA3.1 and the leakage compliance criteria
specified in subsection i, ii,or iii below.Additionally,when altered ducts,a�ir-handling units,cooling or heating coils,or
plenums are located in garage spaces,the system shall comply with Section 150.2(b)lDiic regardless of the length of any
new or replacement space-conditioning ducts installed in the garage space.
i. The measured duct leakage shall be equal to or less than 15 percent of system air handler airflow as determined
utilizing the procedures in Reference Residential Appendix Section RA3.1.,4.,3.1;or
ii. The measured duct leakage to outside shall be equal to or less than 10 percent of system air handler airflow as
determined utilizing the procedures in Reference Residential Appendix Section RA3.,1.4.3.4;or
iii. If it is not possible to meet the duct sealing requirements of either Section 150.,2(b)�lEi or Section 150.,2(b)lEii,then,
all accessible leaks shall be sealed and verified through a visual inspection a�nd a smoke test by a certified HERS
Rater utilizing the methods specified in Reference Residential Appendix RA3.1.4.,3.5.
EXCEPTION 1 to Section 150.2(b)1E:Duct Sealing. Duct systems that are documented to have been previously sealed as
confirmed through field verification a�nd diagnostic testing in accordance with procedures i'n the Reference Residential
Appendix RA3.1.
EXCEPTION 2 to Section 150.2(b)lE:Duct Sealing. Duct systems with less than 40 linear feet as determined by visual
inspection.,
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Existing Building Efficiency Upgrade Cost-effectiveness Study
EXCEPTION 3 to Section 150.2(b)H:�Duct Sealing. Existing duct systems constructed, insulated or sealed with asbestos.
6.1.3 2019 Building EneWy Efficiency Standards Section 110.
Occupant Sensing Controls.Occupant sensing controls include occupant sensors., motion sensors,and
vacancy sensors, including those with a Pa�rtia�l-ON or Partial-OFF function. Occupant sensing controls
shall:
A. Be capable of automatically turning the controlled lights in the area either off or down no more than 20 minutes
after the area has been vacated;
B. For manual-on controls/ have a grace period of no less than 15 seconds and no more than 30 seconds to turn on
lighting automatically after the sensor has,timed out;and
C,. Provide a visible status signal that indicates that the device is operating properly,or that it has failed or
malfunctioned.The visible status signal may have an override that turns off the signal.
EXCEPTION to Section 110.9(b)4:Occupant Sensing Contro�l systems may consist of a combinatio�n of
single or multi-level Occupant, Motion,or Vacancy Sensor Controls, provided that components installed to
comply with manual-on requirements shall not be capable of conversion by occupants from manual-on to automatic-on
functionality
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Appendix D - Measure Cost-effectiveness, Tables
Climate Zone 1:The envelope and duct package is cost-effective for single family built before 19912 and
multifamily homes built before 2006. For single family homes built between 1992 and 2005 duct sealing alone is
cost-effective. Cool roof upgrades and window replacements are not cost-eff'e ct ive.
Note:Grey rows indicate option is not cost effective.
N
Table 13: CZ 1 - Single Family Efficiency Upgrade Cost-effectiveness Results,
Electricity Gas utility Simple Lifecycle
Measure Vintage Savings Savings Measure Cost Cost Payback Benefit-
(kWh) (th�erms) Savings Cost Ratio
Envelope& Duct Pre-19178 154 179, $3,472 $36�6 9.49, 2.10
Package 1978-1991 80 913 $3,212 $190 16�.95 1.18
1992-2005 65 76 $3,212 $lc:r-
1.� 20.73 0.916
Pre-19178 50 57 $2,273 $119, 19.17 1.04
R-38 Attic Insulation 1978-1991 23 27 $2,013 $55 36.46 0.551
1992-2005 23 26 $2,013 $54 37.14 0.54
Pre-19178 84 917 $240 $190 1.21 16.51
Duct Sealing 1978-1991 37 43 $240 $88 2.72 7.34
1992-2005 31 36 $240 $73 3.28 6.09
Pre-1978 -28 -34 $635 -$68 -9.41 -2.12
CoolRoof 1978-1991 -21 -25 $635 -$4,91 -12.88 -1.55
1992-2005 -22 -216 $635 -$52 -12.19 -1.64
Windows Pre-1978 ill 130 $9,810 $265 37.08 0.54
Water Heating Package All Vintages 0 19 $208 $33 6�.35 3.16
LED Lamp vs. CFL_ All Vintages 1.2 0 $3.919, $0.29 13.96 4.45
Table 14: CZ 1 - Multifamily Efficiency grade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (th�erms) Savings Cost Ratio
Envelope & Duct Pre-19178 58 67 $1,054 $137 7.72 3.15
Package 1978-1991 28 33 $9,87 $56 17.59 1.38
19,912-2005 21 25 $9,87 $41 24.21 1.00
Pre-19178, 15 16 $5914 $34 17.48 1.39,
R-38 Attic, Insulation 1978-1991 7 8 $526 $15 34.59 030
1992-2005 7 8 $526 $13 39.30 0.6,2
Pre-19178 32 37 $120 $76 1.57 15.47
Duct Sealing 8,-191911 12 13 $120 $24 4.99, 4.88
19,912-2005 8 10 $120 $16 7.55 3.22
Pre-1978 -7 -9 $184 -$17 -10.6�O -2,30
Cool Roof' 1978-1991 -4 _16 $184 _$10 -19.10 -1.27
1992-2005 -4 -6, $184 _$191 -20.78 -1.17
Windows Pre-1978 78 92 $5,873 $185 31.71 037
Water Heating Package All Vintages 0 16 $168, $28 6�.02 4.07
LED Lamp vs. CFL, All Vintages 1.2 0 $3.919, $0.29, 13.96 4.45
34 2019-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 21:1 The envelope and duct package is cost-effective for single family homes built before 1978 and
multifamily homes bui'lt before 2006. For single family homes built between 1978 and 2005 duct sealing alone is
cost-effective. Cool �roof upgrades are cost-effective for single family homes bui'lt before 1978 and multifamily
homes built before 2006. Window replacements are not cost-effective.
Note.- Grey rows indicate optio�n is not cost effective.
0
Table 15: CZ 2 - Single Family Efficienc Upgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 578 109 $3,.472 $387 8.917 2.17
Envelope & Duct Package 1978-1991 194 51 $3,212 $154 20.80 0.94
01 r
1992-2005 12 5 45 $3,212 $117 27.47 032
Pre-1978 385 38 $2 0)7q r_r_
I d-I .OF $1915 11.67 I.V,..;
R-38 Attic Insulation 1978-1991 137 18 $2,013 $79 25.47 036
1992-2005 91 17 $2,013 $60 33.30 0_58
Pre-1978 203 56 $240 $169 1.42 13.77
r% r r%
Duct Sealing 1978-1991 S2 2 $240 $55 4.39 4.50
1992-2005 31 20 $240 $44 5.50 3.6�O
Pre-1978 219, -20 $6�35 $37 17.12 1.02
CoolRoof 1978-1991 95 -15 $635 $8 76.43 0.191
_$9 -I A:k
1992-2005 47 -15 $635 69.12 -0.
Windows Pre-1978 529 39 $9,810 $246 39.93 0.48
Water Heating Package All Vintages 0 19, $208 $33 6.31 3.19,
Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.32 12.62 4.92
Table 16: CZ 2 - Multifamily Efficiency Upgrade Cost-effectiveness Results er Unit)
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Saviongs, Cost Ratio
Pre-1978 224 40 $1,054 $136 7.76 3.05
Envelope & Duct Package 1978-1991 89 18 $987 $52 18.83 1.25
1992-2005 69 15 $987 $42 23.26 1.02
Pre-1978 116 11 $594 $55 10.89, 2.15
R-38 Attic Insulation 1978-1991 51 5 $526 $23 22.40 1.04
1992-2005 44 5 $526 $21 24.65 0.95
Pre-1978 112 22 $120 _$72 1.67 14.16
Duct Sealing 1978-1991 44 6 $12. $23 5.22 4.50
1992-2005 26 5 $120 $16 7.49 3.15
Pre-1978 914 -5 $184 $22 8.31 2.6�7
CoolRoof 1978-1991 65 -3 $184 $17 10.918 2.04
1992-2005 45 -3 $184 $11 16.88 1.31
Windows Pre-1978 409 29 $5,873 $179 32.85 031
Water Heating Package- All Vintages 0 16 $16�8 $27 6.16 3.98
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, I:OF4
$0.32 12.62 4.02
35 2 19-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 31:1 The envelope and duct package is cost-effective for single family and multifamily homes built
before 1978. For single family and multifamily homes built between 19,78 and 2005 duct sealing alone i's cost-
effective. Cool roof upgrades and wi'ndow replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
0
Table 17: CZ 3 - S"ngle Family Efficiency pgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-1978 132 919 $3,.472 $222 15.61 1.28
Package 1978-1991 41 46 $3,212 $91 35.39 0.56
1992-2005 36 40 $31212 $78 40.97 0.49
Pre-1978 74 37 $2 171
I A-of%J $91 24.87 0,80
R-38 Attic Insulation 1978-1991 17 17 $2,013 $36 56.57 0.35
1992-2005 16 17 $2,013 60.55 0�.3 3
Pre-1978 53 51 $240 $110 2.19 91.11
Duct Sealing 19,78-19,911 15 17 $240 $35 6.88 2.911
19,912-2005 14 16 $240 $31 7.65 2.61
Pre-1978 17 -18 $635 -$25 -25.51 -0.80
CoolRoof 1978-1991 -19, -13 $635 _$24 _26.20 -0.76
1992-2005 -10 -13, $635 -$24 -26.17 -0.76
Windows Pre-1978 92 72 $9,810 $159 61.51 0.32
Water Heating Package All Vintages 0 19 $208 $33 63-9 3.15
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.29 13.75 4.52
Table 18: CZ 3 - Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 qA.
Envelope & Duct ..P-"r 35 $1,054 $72 14.60 1.66
Package 1978-1991 19 15 $987 $26 38.21 0.63
1992-2005 14 12 $987 $20 48.42 0.50
Pre-1978 26 10 $594 $25 24.16 0.919
R-38 Attic, Insulation 1978-1991 10 5 $526 $1 53.48 0.45
1992-2005 8 5 $526 $9 57.71 0.42
Pre-1978 25 18 $120 $37 3.27 7.41
Duct Sealing 19,78-19,911 7 5 $120 $8 14.65 1.65
19,912-2005 4 4 $120 $6 19.37 1.25
Pre-1978 12 -4 $184 -$2 -78.18 -0.35
CoolRoof 1978-1991 7 -3, $184 _$1 -167.26 -0�.17
1992-2005 3 -3, $184 -$2 -716�.88 -0.33,
Windows Pre-1978 67 49 $5,873 $98 60.05 0.40
Water Heating Package All Vintages 0 16 $168 $26, 6�.41 3.82
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.29, 13.75 4.52
36 20 2- 0
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 41:1 The envelope and duct �package is cost-effective for single family homes built before 1978 and
multifamily homes bui'lt before 1992. For single family homes built between 1978 and 2005 and multifami'ly
homes built between 1992 and 2005 duct sealing alone is cost-effective. Cool roof upgrades are cost-effective
for single fami'ly homes bui'lt before 1978 and multifamily homes built before 2006. Window replacements are
not cost-effective.
Note.- Grey rows indicate option is not cost effective.
0
Table 19�: CZ 4 - Single Family Efficiency Upgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savi*ngs, Cost Ratio
Envelope & Duct Pre-1978 56�O 93 $3,472 $349 91.915 1.95
Package 1978-1991 228 44 $3,212 $146 21.94 0.89,
1992-2005 158 38 $3,212 $1116 27.80 030
Pre-1978 383 35 $2,273 $186 12.23 1.57
R-38 Attic Insulation 1978-1991 172 17 $2,013 $84 24.10 0.80
1992-2005 124 16 $2,013 $68 29.55 0.16�5
Pre-1978 185 46 $240 $144 1.67 11.73
Duct Sealing 1978-1991 6�O 17 $240 $48 5.04 3.88
1992-2005 34 15 $240 $37 6.53 3.02
Pre-1978 240 -16 $635 $49, 13.00 1.38
CoolRoof 1978-1991 147 -12 $635 $29 21.69 0.82
1992-2005 87 -12 $635 $10 64.71 0.25
Windows Pre-1978 567 28 $9,810 $234 41.95 0.45
Water Heating Package All Vintages 01 19, $208 $33 6.33 3.18
LED Lamp vs. CFL All Vintages] 1.2 0 $3.919, $0.32 12.63 4.92
Table 20: CZ 4 - Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh�) (therms) Savings Cost Ratio
Envelope& Duct Pre-1978 214 33 $1,054 $118 8.913 2.6�4
Package 1978-1991 913 15 $9,87 $49, 20.05 1.17
1992-2005 75 12 $987 $40 24.65 0.95
Pre-1978 114 10 $5914 $51 11.61 2.01
R-38 Attic Insulation 1978-1991 53 5 $526 $23 22.89, 1.02
1992-2005 47 5 $526 $21 24.91 0.94
Pre-1978 107 17 $120 $61 1.916 12.06
A r%
Duct Sealing 1978-1991 [+V 5 $120 $22 5.47 4.27
1992-2005 33 4 $120 $16 7.61 3.08
Pre-1978 101 -4 $184 $26 7.19 3.12
CoolRoof 1978-1991 75 -3 $184 $21 8.914 2.52
1992-2005 57 -3 $184 $15 12.49, 1.80
Windows Pre-1978 438 21 $5,873 $173 34.01 0.16�8
Water Heating Package All Vintages 0 16 $168 $26 6.43 3.81
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.32 12.63 4.92
37 2019-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 5 PG&E/PG&E:The envelope and duct package is cost-effective for single family and multifamily
homes built before 1978. For single fami'ly homes built between 1978 and 2005 and multifamily homes built
between 1978 and 1991 duct sealing alone i's cost-effective. Cool roof upgrades are cost-effective for multifamily
homes bui'lt before 1978 but are not cost-effective for single family homes. Window replacements a�re cost-
effective for multifamily homes built before 1978 but are not cost-effective for single family homes.
Note.- Grey rows indicate option is not cost effective.
Table 21: CZ 5 PG&E/PG&E - Single Farnil Efficiency Upgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 105 102 $3,.472 $215 16.12 1.24
Envelope & Duct Package 1978-1991 42 48 $3,212 $92 34.85 0,57
1992-2005 36 41 $3,212 $/ 40.63 0.491
Pre-1978 49 36 $2 171
A-of%J $80 28.54 030
0%%
R-38 Attic Insulation 1978-1991 15 16 $2,013 $,32 62.07 0_32
1992-2005 14 15 $2,013 $29 68.90 0.29,
Pre-1978 46 52 $240 $107 2.24 8.93
Duct Sealing 1978-1991 16 18 $240 $36 6.70 2.98
1992-2005 15 17 $240 7.17 2.79,
Pre-1978 -5 -25 $635 -$45 -14.14 -1.42
CoolRoof 1978-1991 -14 -18 $635 -$36 -17.72 -1.13
1992-2005 -15 -19, $635 -$36 -17.70 -1.13
Windows Pre-1978 81 76 $9,810 $160 61.19 0_33
Water Heating Package All Vintages 01 19, $208 $33 6.40 3.14
LED Lamp vs. CFL All Vintages 1.2 0 $3.919,
$0.29 13.88 4.48
Table 22: CZ 5 PG&E/PG&E - Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope& Duct Pre-1978 45 36 $1,054 $260 4.06 5.76
Package 1978-1991 13 15 $987 $19 53.03 0.46
1992-2005 10 13 $987 $15 64.74 0,38
Pre-1978 22 10 $5914 $226 2.6�3 8.85
R-38 Attic Insulation 1978-1991 7 5 $526 $7 76.62 0_31
1992-2005 5 5 $526 $6 87.62 0.28
Pre-1978 20 19 $120 $234 01.5 1 45.53
Duct Sealing 1978-1991 5 4 $120 $5 21.88 1.11
1992-2005 3 4 $120 $5 26.51 0.92
Pre-1978 7 -6 $184 $203 01.�91 25.55
CoolRoof 1978-1991 3 -3, $184 -$2 -75.951 -0,33
1992-2005 -1 -3 $184 -$4 -45.73 -0-53
Windows Pre-1978 59 52 $5,.873 $280 20.98 1.12
Water Heating Package All Vintages 01 16 $168 $21 8.07 3.04
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.29, 13.8,8 4.48
38 2019-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 5-PG&E/S,oCalGas:The envelope and duct package is cost-effective for multifamily homes built
before 1978. For single family homes bui'lt before 2006 and multifamily homes built between 1978 and 1991
duct sealing alone i's cost-effective. Cool roof upgrades are cost-effective for multifamily homes bui'lt before
1978 but are not cost-effective for si'ngle family homes. Wi'ndow replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
Table 23: CZ 5 PG&E/SoCalGais - S,11"ngle Famifly Efficil"ency Upgrade Coist-effectil"veneisis Results
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-1978 105 102 $31472 $165 20.98 1.00
Package 1978-1991 42 48 $31212 $69 46.38 0.45,
1992-2005 36 41 $31212 $60 53.86 0.39
Pre-1978 49 36 $2 171
A-of%J _$61 37.07 0.56
<-)A
R-38 Attic Insulation 1978-1991 15 16 $2,013 83.94 0.25
1992-2005 14 15 $2,013 $22 92.44 0.23
Pre-1978 46 52 $240 $82 2.92 7.20
Duct Sealing 1978-1991 16 18 $240 $27 9.04 2.32
F 1992-2005 15 17 $240 $25 9.51 2.21
Pre-1978 -5 -25 $635 -$34 -18.44 -1.16
CoolRoof 1978-1991 -14 -18 $635 -$,28 -22.95 -0.92
1992-2005 15 $635 -$28 -22.6�2 -0.93,
Windows Pre-1978 81 76 $9,810 $125 78.62 0.27
Water Heating Package All Vintages 01 19 $208 $26, 7.95 2.69
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.29, 13.88 4.48
Table 24: CZ 5 PG&E/SoCa1Ga,s - Multil"famfly Efficl"ency Upgrade Cost-effectil"veness Results (Per Unil"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings L Cost Ratio
Envelope & Duct Pre-19,78 45 36 $1,054 $216 4.89 4.80
Package 1978-1991 13 15 $987 $19 53.03 0.48
1992-2005 10 13 $987 $15 64.74 0.40
Pre-19,78, 22 10 $594 $182 3.26 7.07
R-38 Attic Insulation 1978-1991 7 5 $526 $7 76.62 0.33
1992-2005 5 5 $526 $6 87.62 0.29
Pre-19,78, 20 19, $120 $1911 0.63 36.87
Duct Sealing 1978-1991 5 4 $120 $5 21.88 1.16
1992-2005 3 4 $12o $5 26.51 0.917
Pre-19,78 7 -6 $184 $159 1.16 191.64
CoolRoof 1978-1991 3 -3 $184 -$2 -75.915 -0.36
1992-2005 -1 -3 $184 -$4 -45.73 -0.56
Windows Pre-1978 59 52 $5.s873 $236 24.87 0.915
Water Heating Package All Vintages 01 16 $16�8 $21 8.07 3.22
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.291 13.88 4.48,
39 2 19-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 61:1 The envelope and duct package is not cost-effective for single family or multifamily homes. For
single family homes built before 19,78 and multifamily homes built before 19,912 duct sealing alone i's cost-
effective. Cool roof upgrades are cost-effective for multifamily homes built before 1992 but are not cost-
effective for si'ngle family homes. Window replacements are not cost-effe c,t ive.
Note.- Grey rows indicate option is not cost effective.
0
Table 25: CZ 6 - Single Family Efficiency pgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
r_r_
Envelope & Duct Pre-1978 455 54 $3,.472 $211 19.98 0.78
Package 1978-1991 144 22 $3,212 $69 56.35 0.28
1992-2005 955 19 $3,212 $47 81.42 0.191
Pre-1978 373 25 $21273 $150 18.68 0.83
R-38 Attic Insulation 1978-1991 122 9 $2,.013 $50 49.70 0.3 1
1992-2005 80 9 $2.sO13 $33 73.83 0.21
Pre-19178, 114 23 $240 $65 4.38 3.54
Duct Sealing 19,78-19,911 33 6 $240 $18 16.35 01.�95
1992-2005 19 6 $240 $12 234...Kp 0.16�5
Pre-19178, 1915 -15 $6�35 $44 191.31 01.�80
CoolRoof 1978-1991 100 -19, $635 $25 34.16 0.45
1992-2005 53 -10 $635 $7 134.99 0.11
Windows Pre-1978 393 5 $9,810 $132 93.50 0.17
Water Heating Package All Vintages 0 19, $208 $26 91.05 1.72
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 0.25 15.73 3.95
Table 26: CZ 6 - Multifamily Efficiency Upgrade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-1978 164 18 $1,054 $67 19.24 0.918
Package 1978-1991 58 5 $987 $?A 51.43 0.37
1992-2005 47 4 $987 $18 68.16 0.28
Pre-1978 107 7 $594 $39 18.98 1.00
R-38 Attic, Insulation 1978-1991 41 2 $526 $14 45.11 0.42
1992-2005 3.5 2 $526 $12 53.10 0.36
Pre-1978 6�8 7 $120 $29 5.12 3.69
Duct Sealing 1978-1991 32 1 $120 $12 13.00 1.46
1992-2005 20 1 $120 $7 22.40 0,84
Pre-1978 82 -3 $184 $21 11.31 1.67
CoolRoof 1978-1991 6�O -1 $184 $17 13.54 1.40
1992-2005 45 -1 $184 $12 20.06 0.914
Windows Pre-1978 321 6 $5,873 $101 73.32 0.26
Water Heating Package All Vintages 01 16 $168 $19 9.78 1.913
LED Lamp vs. CFL All Vintages= 1.2 0 $3.919, $0.25 15.73 3.915
40 2 19-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 71:1 The envelope and duct package is not cost-effective for single family or multifamily homes. For
multifamily homes bui'lt before 1978 a combination of the duct sea�ling and R-38 attic insulation upgrades are
cost effective. For single family homes built before 1978 and multifamily homes built between 19�78 and 1991
duct sealing alone i's cost-effective. Cool roof upgrades are cost-effective for single family homes built before
1978 and multifamily homes built before 1992. Window replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
0
Table 27: CZ 7 - Single Family Efficiency Upgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 314 31 1 $3,472 $209 20.63 035
Envelope & Duct Package 1978-1991 85 11 $3,212 857 68.80 0.23
1992-2005 64 10 $3,212 $41 96.06 0.16
Pre-1978 272 16 $2,273 $168 16.91 0.92
R-38 Attic Insulation 1978-1991 76 6 $2,013 $46 54.75 0.28
1992-2005 59 6 $2,013 $33 75.36 0.21
Pre-1978 6�6 11 $240 $52 5.68 2.74
Duct Sealing 1978-1991 17 2 $240 $12 24.50 0.6,3
1992-2005 9 2 $240 $7 41.18 0,38
Pre-1978 150 -11 $635 $66 12.43 1.25
CoolRoof 1978-1991 65 -6, $635 $26 32.16 0.48
1992-2005 41 -7 $635 $9 100.28 0.15
Windows Pre-1978 293 -7 $9,810 $151 82.91 0.191
Water Heating Package All Vintages 0 19 $208 $30 7.912 1.96
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.33 12.01 5.17
Table 28: CZ 7 - Multifamily Effidency Uperade Cost-effectiveness Results (Per Uni"t)
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 98 8 $1,054 $68 19.21 0.918
Envelope & Duct Package 1978-1991 40 1 $987 $10 59.54 0.32
$90-7
1992-2005 25 1 $5 101.52 0.19
Pre-1978 66 3 $594 $47 15.72 1.20
R-38 Attic Insulation 1978-1991 30 1 $526 $0 44.99 0.42
1992-2005 20 1 $526 $0 71.64 0.26
Pre-1978 28 2 $120 $27 5.54 3.41
Duct Sealing 19,78-19,911 21 0.13 $120 $21 14.56 1.30
1992-2005 12 0.08 $120 $12 29.36 0.64
Pre-1978 46 -3 $184 8.01 2.36
CoolRoof 19,78-19,911 47 -0-35 $184 $15 10.96 1.73
1992-2005 29 -0.35 $184 $9 20.10 0.914
Windows Pre-1978 235 -1 $5,.873 $114 65.55 0.29
Water Heating Package All Vintages 01 16 $16�8 $24 7.98 2.37
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.33 12.01 5.17
41 2019-12-19
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Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 81:1 The envelope and duct package is cost-effective for single family built before 19178 and
multifamily homes bui'lt before 1992. For single family homes bui'lt between 1978 and 2005 and multifami'ly
homes built between 1992 and 2005 duct sealing alone is cost-effective. Cool roof upgrades are cost-effective
for all single fami'ly and multifamily homes built before 2006. Window replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
Table 29�: CZ 8 - Single Family E 1"C" Upgrade Cost-effectiveness Results
Electricity Gas Measure Utility S,imple Lifecycle
Measure Vintage Savings Savings --A. Cost Benefit-
(kWh)i (therms) Cost Savings Payback Cost Ratio
Pre-19178, 850 39 $3,.472 $312 11.14 1.72
Envelope & Duct Package 1978-1991 359 17 $3,212 $132 24.30 0.79
1992-2005 311 15 $3,212 $119 26.98 0.71
�)7 Q 201 11.28 1.69
Pre-19178 590 18 $2, $--
R-38 Attic Insulation 1978-1991 266 8 $2,013 $ 21.90 0.8
1992-2005 248 8 $2,013 S90 2 2.3.3 0.85
Pre-19178, 307 17 $240 $120 2.00 91.60
Duct Sealing 1978-1991 122 5 $240 $46 5.21 3.65
1992-2005 84 4 $240 $34 7.14 2.68
Pre-19178, 389 -10, $635 $108, 5.89, 3.13
CoolRoof 1978-1991 266 -7 $635 $78 8.12 2.28,
1992-2005 219 -8 $635 $6,6, 9.67 1.910
Windows Pre-1978 723 4 $9,810 $222 44.12 0.43
Water Heating Package All Vintages 0 19 $208 $25 8.22 2.60
LED Lamp vs. CFL tAll Vintages 1.2 0 $3.919, $0.29, 13.83 4.49
Table 30: CZ 8 - Multifamily Efficiency Up rade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savi ngs Cost Ratio
Envelope & Duct Pre-19178 312 13 $1,054 $103 10.21 2.28
Package 19178-191911 139, 4 $987 $46 21.31 1.08,
nn
1992-2005 123 3 $987 $42 23.65 0.918
1 Q-7
Pre-19178, .;1 5 $594 $48 12.2)91 1.89
R-38 Attic Insulation 1978-1991 73 2 $526 $23 23.28 0.919
1992-2005 69 1 $526 $22 23.73 0.917
Pre-19178, 171 5 $120 $57 2.10 11.02
Duct Sealing 19,78-19,911 83 1 $120 $27 4.45 5.15
19,912-2005 64 1 $120 $22 5.56 4.12
Pre-19178 149, -2 $184 $40 4.64 4.88,
CoolRoof 19,78-19,911 11 r-
�L_j -1 $184 $33 5.56 4.10
19,912-2005 gin, -1 $184 $29 6.29 3.62
Windows Pre-1978 519 5 $5,.873 $149 39.50 0.58
Water Heating Package All Vintages 0 16 $1618 $20 8.54 3.04
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.29, 13.83 4.49
42 2 19-12-19
2020-1.0-0,6 Agenda Packet Page 434 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 91:1 The envelope and duct package is cost-effective for single family built before 19�92 and
multifamily homes bui'lt before 2006. For single family homes built between 1992 and 2005 duct sealing alone is
cost-effective. Cool �roof upgrades are cost-effective for all single fami'ly and multifamily homes built before
2006. Window replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
Table 31: CZ 9 - Single Family E i"C" pgrade Cost-effectiveness Results
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-19,78, 1.0101 51 $3.,472 $3912 8.86 2.17
Package 1978-1991 4913 23 $3,212 $171 18.77 1.02
1992-2005 432 20 $3.s212 $156 20.55 0.913
10.c r-
Pre-19178 6�49, 22 $2,273 $215 1.81
R-38 Attic Insulation 1978-1991 305 11 $2.sO13 $98 20.45 0.913
1992-2005 299 10 $2.sO13 $102 19.74 0.916
Pre-19,78, 466 23 $240 $174 1.38 13.911
Duct Sealing 1978-1991 1919, 7 $240 $70 3.41 S.57
1992-2005 142 6 $240 $54 4.44 4.30
Pre-19,78, 457 -12 $6�35 $122 5.22 3.53
CoolRoof 1978-1991 319, -8 $6�35_� $87 7.30 2.53
1992-2005 267 -9 $6�35 $75 8.44 2.19
Windows Pre-1978 941 9 $9,310 $285 34.43 0.55
Water Heating Package All Vintages 01 19, $208 $25 8.21 2.60
LED amp vs. CFL All Vintages 1.2 0 $3.99 $0.29, L 13.60 4.57
Table 32: CZ 9 - Multifamily Efficiency Upiyrade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost ayback Benefit-
(kWh) (therms) LSavings, Cost Ratio
RA Q,7
Envelope & Duct Pre-1978 418 17 $1,054 $135 7.w--r 2.-If I
Package 19178-191911 201 6 $987 $6�5 15.12 1.53
19,912-2005 16�8 5 $987 $54 18.23 1.27
JO.A-r,
Pre-1978 186 6 $594 $57 r W 2.22
R-38 Attic Insulation 19,78-19,911 89, 3 $526 $27 191.15 1.21
19,912-2005 79, 2 $526 $24 21.48 1.08
Pre-1978 245 8 $120 $78 1.53 15.13
Duct Sealing 19,78-19,911 122 1 $120 $38 3.17 7.24
A
19,912-2005 95 1 $120 $30 4.0 1 5.68
Pre-1978 179 -3 $184 $45 4.06 S.58,
CoolRoof 19,78-19,911 138 -2 $184 $37 4.9,6 4.58
19,912-2005 ill -2 $184 $30 6.20 3.66
Windows Pre-1978 673 8 $5,.873 $188 1 31.28 0.74
Water Heating Package All Vintages 01 16 $16�8 $19 8.81 2.915
1.2 0 $3.99 $0.29, q7
LED Lamp vs. CFL All Vintages 13.60 4.
43 2 19-12-19
2020-1.0-0,6 Agenda Packet Page 435 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 10-SCE alGas:The envelope and duct package is cost-effective for single family and
multifamily homes bui'lt before 2006. Cool roof upgrades are cost-effective for all single family and multifamily
homes built before 2006. Window replacements are not cost-effective.
Note.- Grey rows indicate option is not cost effective.
Table 33: CZ 10 SCE/SoCalGais - Si"ngle Famifly Efficl"ency Upgrade Cost-effecti"veness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-19,78, 11354 57 $3.,472 $470 7.39 2.59
Envelope & Duct Package 1978-1991 597 25 $3,212 $206 15.62 1.22
1992-2005 516 22 $3.,212 $180 17.81 1.07
Pre-19,78 729 24 $2,273 $235 91.66 1.918
R-38 Attic Insulation 1978-1991 330. 11 $2.,013 $110 18.29, 1.04
1992-2005 332 11 $2.,013 $109 18.53 1.03
Pre-19,78, 617 25 $240 $221 1.09 17.63
Duct Sealing 1978-1991 248 8 $240 $89 2.69 7.06
1992-2005 186 7 $240 $6�9 3.50 5.44
Pre-19,78, S55 -13 $6�35 $143 4.43 4.16
CoolRoof 1978-1991 377 -9 $6�35 $105 6.05 3.06
1992-2005 315 -10 $6�35 $86 7.41 2.49
Windows Pre-1978 1 11178 11 $9,810 $349 28.07 0.67
Water Heating Package All Vintages 01 19, $208 $25 8.24 2.59
LED amp vs. CFL All Vintages 1.2 0 $3.99 $0.30 13.28 4.68
Table 34: CZ 10 S E/SoCalGas - Multi"famifly Efficl"ency Upgrade Cost-effectil"veness Results (Per Unilot)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-1978 526 19, $1,054 $170 6.20 3.75
Package 19178-191911 250 7 $987 $79 12.49, 1.85
19,912-2005 207 6 $987 $66 14.910 1.55
Pre-1978 221 7 $594 $70 8.52 2.72
R-38 Attic Insulation 19,78-19,911 106 3 $526 $32 16.44 1.41
19,912-2005 91 3 $526 $29 18.31 1.26
Pre-1978 317 9 $120 $103 1.16 191.88
Duct Sealing 19,78-19,911 152 2 $120 $46 2.61 8.82
19,912-2005 119 1 $120 $39 3.11 7.38
Pre-1978 215 -3 $184 $57 3.22 7.03
CoolRoof 19178-191911 16�3 -2 $184 $43 4.3 1 5.27
19,912-2005 129 -2 $184 $35 5.21 4.36
Windows Pre-1978 840 10 $5.s873 $235 24.97 0.912
Water Heating Package All Vintages 01 16 $16�8 $20 8.59 3.03
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.30 13.28 4.68,
44 0
2020-1.0-0,6 Agenda Packet Page 436 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 10-SDG&E:The envelope and duct package is cost-effective for all single family and multifamily
homes built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes built
before 2006. Window replacements are cost-effective for single family and multifarnily homes built before 197'8.
Note.- Grey rows indicate option is not cost effective.
Table 35: CZ 10 SDG&E - S,ilongle Famfly Efficl"ency Upgrade Coist-effectiloveneisis Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-1978 11354 57 $3.,472 $800 4.34 4.37
Package 19178-191911 597 25 $3,212 $359 8.915 2.12
19,912-2005 S 16 22 $3.,212 $317 10.13 1.87
Pre-1978 729 24 $2,273 $405 5.61 3.38
R-38 Attic Insulation 19178-191911 338 11 $2.,013 $1913 10.40 1.82
19,912-2005 332 11 $2.,013 $1915 10.31 1.83
Pre-1978 617 25 $240 $377 0-64 291.78
Duct Sealing 19,78-19,911 248 8 $240 $155 1.55 12.20
19,912-2005 186 7 $240 $120 2.00 91.47
Pre-1978 S55 -13 $6�35 $272 2.33 7.918,
CoolRoof 19178-191911 377 -9 $6�35 $1915 3.26 5.71
19,912-2005 315 -10 $6�35 $164 3.87 4.80
Windows Pre-1978 11178 11 $91.,8,10 $631 15.56 1.21
Water Heating Package All Vintages 01 19, $208 $30 6.87 3.01
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.50 8.02 7.75
Table 36: CZ 10 SDG&E - Multi"famfly Efficl"ency Upgrade Cost-effectioveness Results (Per Uni"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 526 19, $1,054 $2918 3.54 6.52
Envelope & Duct Package 19178-191911 250 7 $987 $141 6.918 3.30
19,912-2005 207 6 $987 7 $116 8.54 2.70
Pre-1978 221 7 $594 $120 4.915 4.65
R-38 Attic Insulation 19,78-19,911 106 3 $526 $57 91.21 2.50
19,912-2005 911 3 $526 $48 10.89, 2.11
Pre-1978 317 9 $120 $180 O.U7 34.43
j.AQ
Duct Sealing 19,78-19,911 152 2 $120 $84 T%J 16.04
19,912-2005 119, 1 $120 $6�7 1.79 12.77
0� -70
Pre-1978 2 153, $184 $103 1./0 12.79,
� CoolRoof 19178-191911 163 -2 $184 $80 2.30 91.911
19,912-2005 129, -2 $184 $6�2 2.915 7.72
Windows Pre-1978 840 10 $51873 $427 13.76 1.67
Water Heating Package All Vintages 01 16 $16�8 $25 6.79 3.71
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.50 8.02 7.75
45 0
2020-1.0-0,6 Agenda Packet Page 437 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 11:The envelope, and duct package is cost-effective for all single family and multifamily homes
built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes built before
2006. Window replacements are cost-effective for single fami'ly and multifamily homes built before 1978.
Note.- Grey rows indicate option is not cost effective.
Table 37: CZ 11 Single Family Efficiency pgrade Cost-effectiveness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Envelope & Duct Pre-19,78, lIP827 120 $3,P472 $774 4.48 4.27
Package 1978-1991 858 55 $3,212 $358 8.916 2.13
1992-2005 770 48 $3,P212 $324 91.913 1.912
Pre-19,78 7915 47 $2,273 $318 7.15 2.68
1:1 -)A
R-38 Attic Insulation 1978-1991 383 22 $2,PO13 $152 %.f.A-_T 1.44
1992-2005 3916 22 $2,PO13 $158, 12.76 1.50
Pre-19,78, 982 61 $240 $415 0.58 33.10
Duct Sealing 1978-1991 434 20 $240 $174 1.38 13.77
1992-2005 355 18 $240 $147 1.64 11.65
Pre-19,78, 6�24 -14 $6�35 $161 3.9%.# 4.71
CoolRoof 1978-1991 440 -10 $6�35 $118, 5.40 3.44
1992-2005 369, -10 $6�35 $99 6.41 2.89
Windows Pre-19,78, 11568, 45 $9,P810 $554 17.71 1.07
Water Heating Package All Vintages 01 19, $208 $34 6.0 6 3.32
LED amp vs. CFL All Vintages 1.2 0 $3.99 $0.35 11.53 5.39
Table 38: CZ 11 - Multifamily Efficiency U grade Cost-effectiveness Results (Per Unit)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 728 44 $1,054 $2916 3.57 6.53
Envelope & Duct Package 19178-191911 363 19, $987 $139 7.09 3.27
19,912-2005 315 16 $987 $119 8.29 2.79
Pre-1978 268 13 $594 $102 5.80 4.00
R-38 Attic Insulation 19,78-19,911 131 6 $526 $49 10.75 2.15
19,912-2005 118 6 $526 $43 12.10 1.911
Pre-1978 473 25 $120 186 O.UJ 36.02
Duct Sealing 19,78-19,911 231 7 $120 $82 1.47 15.72
19,912-2005 1916 6 $120 $6�9 1.74 13.25
Pre-1978 245 -4 $184 $66 2.76 8.21
CoolRoof 19178-191911 189, -2 $184 $53 3.44 6.61
19,912-2005 156 -2 $184 $45 4.13 5.51
Windows Pre-1978 11 107 33 $5;.,8,73 $387 15.19, 1.52
Water Heating Package All Vintages 01 16 $16�8 $29 5.76 4.26
n r%
L4R-La m p vs. C F L All Vintages 1.2 0 $3.99 $0.35 11.5 539
46 0
2020-1.0-0,6 Agenda Packet Page 438 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 12:The envelope, and duct package is cost-effective for all single family and multifamily homes
built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes built before
2006. Window replacements are cost-effective for multifamily homes bui'lt before 1978 but are not cost-
effective for si'ngle family homes.
Note.- Grey rows indicate option is not cost effective.
Table 39�: CZ 12 Single Famfly Efficiency pgrade Coist-effecti"veneisis Results
Electricity Gas utillitu Lifecycle
Measure Vintage Savings Savings Measure Cost Y Simple Benefit-
(kWh) (therms) Cost Savings Payback Cost Ratio
1no C-7
Envelope & Duct Pre-1978 11209, ULF $3.,472 $-.)1:7 6.00 3.21
Package 19178-191911 540 51 $3,212 $26.3 12.23 1.57
19,912-2005 471 45 $3.,212 $229 14.02 1.37
Pre-1978 674 43 $2,273 $285 7.917 2.40
-70
R-38 Attic Insulation 19178-191911 318 20 $2.,013 $136 14.,8 1.29
19,912-2005 317 20 $2.,013 $135 14.88 1.28,
Pre-1978 532 55 $240 $272 0.88 21.82
Duct Sealing 19,78-19,911 216 20 $240 $107 2.24 8.57
19,912-2005 155 18 $240 $83 2.89 6.67
Pre-1978 479 -16 $6�35 $121 5.26 3.50
CoolRoof 19178-191911 332 -12 $6�35 $87 7.33 2.51
19,912-2005 273 -12 $6�35 $6�9 91.17 2.00
Windows Pre-1978 11090 43 $9,310 $420 23.34 0.81
Water Heating Package All Vintages 01 19, $208 $34 6.05 3.32
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.34 11.80 5.26
Table 40: CZ 12 - Multifamfly Efficiency U grade Coist-effecti"veneisis Results (Per Uni"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savi ngs, Cost Ratio
Envelope & Duct Pre-19,78 465 40 $1,054 $211 5.01 4.67
Package 1978-1991 223 18 $987 $94 10.50 2.22
1992-2005 187 15 $987 $79 12.45 1.87
Pre-19,78, 1919, 11 $594 $80 7.40 3.14
R-38 Attic Insulation 1978-1991 917 6 $526 $37 14.03 1.65
1992-2005 88 6 $526 $35 15.14 1.53
Pre-19,78, 276 22 $120 $123 0.900 23.87
Duct Sealing 1978-1991 134 7 $120 $51 2.34 91.87
1992-2005 103 5 $120 $40 2.916 7.81
Pre-19,78 188 -4 $184 $51 3.63 6.23
CoolRoof 1978-1991 146 -3 $184 $42 4.42 5.13
A.Q
1992-2005 117 -3 $184 $33 5."r.,f 4.13
Windows Pre-19,78 785 31 $5.,8,7 3 2914 19.9 1 9W 1.16
Water Heating Package All Vintages 01 16 $16�8 $28 6.08 4.03
LED Lamp vs. CFL E All Vintages 1.2 0 $3.99 $0.34 11.80 5.26
47 2 19-12-19
2020-1.0-0,6 Agenda Packet Page 439 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 13:The envelope, and duct package is cost-effective for all single family and multifamily homes
built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes built before
2006. Window replacements are cost-effective for single fami'ly and multifamily homes built before 1978.
Note.- Grey rows indicate option is not cost effective.
Table 41: CZ 13 - Single Fainfly Efficiency pgrade Coist-effecti"veness Results
Electricity Gas Measure utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
1-1
(kWh) (therms) Savings Cost Ratio
Pre-1978 21PO47 98 $3.,472 $7910 4.39 4.34
Envelope & Duct Package 19178-191911 964 45 $3,212 $370 8.68 2.20
19,912-2005 877 39, $3.,212 $339 91.48 2.01
Pre-1978 940 37 $2,273 $338 6.72 2.83
R-38 Attic Insulation 19178-191911 451 18 $2,PO13 $162 12.A:Z
r-0 1.53
r-r%
19,912-2005 463 17 $2,PO13 $168, 11.917 1._-)to
Pre-1978 11072 50 $240 $418 0.57 33.16
Duct Sealing 1917 -19,911 480 17 $240 $181 1.33 14.29,
19,912-2005 403 16 $240 $156 1.54 12.32
Pre-1978 729, -15 $6�35 $186 3.41 5.45
CoolRoof 19178-191911 516 -11 $6�35 $138, 4.60 4.04
12-2005 441 -11 $6�35 $117 5.41 3.43
Windows Pre-1978 lIP604 41 $9,P810 $547 17.914 1.06
Water Heating Package All Vintages 01 19, $208 $34 6.09 3.30
LED amp vs. CFL =All Vintages 1.2 0 $3.99 $0.34 11.60 5.35
Table 42: CZ 13 - Multifainfly Efficiency U grade Coist-effecti"veneisis Results (Per Uni"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
1-1
(kWh) (therms) Savings Cost Ratio
[;A
Pre-1978 805 36 $1,054 $2918 3...f--r 6.55
Envelope & Duct Package 19178-191911 407 16 $987 $144 6.85 3.37
19,912-2005 353 13 $987 126 7.85 2.914
Pre-1978 317 10 $594 $110 5.42 4.26
R-38 Attic Insulation 19,78-19,911 158 5 $526 $54 91.82 2.35
19,912-2005 141 5 $526 $49 10.77 2.14
Pre-1978 510 20 $120 185 0.65 35.73
Duct Sealing 19,78-19,911 254 6 $120 $85 1.42 16.22
19,912-2005 214 5 $120 $73 1.64 13.918
Pre-1978 283 -4 $184 $76 2.42 91.37
CoolRoof 19178-191911 220 -3 $184 $6,2 2.919 7.62
19,912-2005 183 -3 $184 $52 3.54 6.42
Windows Pre-1978 lIP127 30 $5.,8,73 $380 15.47 1.49
Water Heating Package All Vintages 01 16 $16�8 $27 6.1.3, 4.00
LED amp vs. CFL All Vintages 1.2 0 $3.99 $0.34 11.60 S.35
48 0
2020-1.0-0,6 Agenda Packet Page 440 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 14-SCE alGas:The envelope and duct package is cost-effective for all single family and
multifamily homes bui'lt before 2006. Cool roof upgrades are cost-effective for all si'ngle family and multifamily
homes built before 2006. Window replacements are cost-effective for multifamily homes built before 1978 but
are not cost-effective for single family homes.
Note.- Grey rows indicate option is not cost effective.
Table 43: CZ 14 SCE/SoCalGas - SI"ngle Famifly Efficl"ency Upgrade Cost-effecti"veness Results
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 lIP832 121 $3.,472 $680 S.10 3.80
Envelope & Duct Package 19178-191911 844 SS $3,212 $316 10.18 1.910
19,912-200S 746 48 $311212 $28S 11.28 1.71
Pre-1978 816 43 $2 77R
I .%., $276 8.22 2.3S
R-38 Attic Insulation 19178-191911 388 21 $2,PO13 $134 1S.07 1.28,
19,912-200S 3914 20 $2,PO13 $140 14.36 1.34
Pre-1978 967 6�3 $240 $366 0.66 29,.S2
Duct Sealing 19,78-19,911 417 21 $240 $154 1.56 12.34
A
19,912-2005 333 19, $240 $130 1.814 10.44
Pre-1978 6�31 -19 $6�35 $147 4.32 4.23
0
CoolRoof 19178-191911 427 -14 $6�35 $108, 5.80 3.12
19,912-2005 359, -14 $6�35 $94 6.79 2.69
Windows Pre-1978 1.s527 36 $9.s810 $475 20.66 0.912
Water Heating Package All Vintages 01 19, $208 $26, 8.02 2.66
LED amp vs. CFL All Vintagesi: 1.2 0 $3.99 0.31 13.03 4.77
Table 44: CZ 14 SCE/SoCalGas - Multi"famifly Efficl"ency Upgrade Cost-effectil"veness Results (Per Unilot)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 731 45 $1,054 $259 4.07 5.78
Envelope & Duct Package 19178-191911 364 19, $987 $125 7.910 2.916
19,912-2005 310 16 $987 $107 91.23 2.53
Pre-1978 273 12 $594 $91 6.52 3.59
R-38 Attic Insulation 1917 -19,911 134 6 $526 $44 11.914 1.915
19,912-2005 118 6 $526 $39 13.41 1.74
Pre-1978 467 25 $120 $162 0.7'4 31.67
Duct Sealing 19,78-19,911 227 7 $120 $73 1.64 14.14
19,912-2005 188 6 $120 $6�2 1.913 11.919,
Pre-1978 250 -5 $184 $61 3.02 7.46
CoolRoof 19,78-19,911 188 -3 $184 $50 3.71 6.11
19,912-2005 152 -3 $184 $40 4.56 4.915
Windows Pre-1978 11P080 26 $!5.,8,73 $329 17.86 1.30
Water Heating Package All Vintages 01 16 $16�8 $22 7.76 3.35
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.31 13.03 4.77
49 2 19-12-19
2020-1.0-0,6 Agenda Packet Page 441 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 14-SDG&E:The envelope and duct package is cost-effective for all single family and multifamily
homes built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes bui'lt
before 2006. Window replacements are cost-effective for single fami'ly and multifamily homes built before 1978.
Note.- Grey rows indicate option is not cost effective.
Table 45: CZ 14 SDG&E - S,ilongle Famfly Efficl"ency Upgrade Coist-effectiloveneisis Results
Electricity Gas Measure Utility Cost Simple Lifecycle
Measure Vintage Savings Savings Cost Savings Payback Benefit-
(kWh) (therms) Cost Ratio
Envelope& Duct Pre-1978 lIP832 121 $3,472 $1,0918 3.16 6�.04
Package 19178-191911 844 55 $3,212 $523 6�.14 3.11
19,912-2005 746 48 $3,212 $46�O -6�.98 2.73
-)7 Q
Pre-1978 816 43 $2 $452 5.03 3.79,
R-38 Attic Insulation 19178-191911 388 21 $2,013 $223 9.04 2.11
19,912-2005 3914 20 $2,.013 $228 8.85 2.15
Pre-1978 967 63 $240 $593 01.�40 47.14
Duct Sealing 19,78-19,911 417 21 $240 $259, 01.�93 20.51
19,912-2005 333 19 $240 $213 1.12 16�.92
Pre-1978 6�31 -19 $635 $285 2.23 8.31
CoolRoof 19178-191911 427 -14, $635 $206 3.09, 6�.01
19,912-2005 359, -14 $635 $170 3.72 4.97
Windows Pre-1978 1.0527 36 $9,.810 $815 12.04 1.57
Water Heating Package All Vintages 0 19 $208 $30 6�.83 3.03
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.50 7.98 7.78
Table 46: CZ 14 SDG&E - Multi"famfly Efficloency Upgrade Cost-effectioveness Results (Per Uni"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savi ngs Cost Ratio
Envelope & Duct Pre-1978 731 45 $1,054 $4 3'1 2.45 91.49
Package 19178-191911 36�4 19, $987 $209 4.72 4.910
19,912-2005 310 16 $987 $174 5.66 4.09
Pre-1978 273 12 $594 $154 3.87 5.919
R-38 Attic Insulation 19,78-19,911 134 6 $526 $73 7.18 3.22
19,912-2005 118 6 $526 $6�3 8.36 2.77
Pre-1978 46�7 25 $120 $227- 22 0.44 52.62
Duct Sealing 19,78-19,911 227 7 $120 $125 0.96 23.918
19,912-2005 188 6 $120 $103 1.16 191.86
Pre-1978 250 -5 $184 $114 1.61 14.12
CoolRoof 19178-191911 188 -3 $184 $87 2.12 10.73
19,912-2005 152 -3 $184 $6�9 2.68 8.47
Windows Pre-1978 11080 26 $5;.,8,73 $570 10.30 2.24
A
Water Heating Package All Vintages 01 16 $16�8 $26 6.5 , 3.85
L4R-La m p vs. C F L All Vintages 1.2 0 $3.99 $0.50- 7.918 7.78,
so 0
2020-1.0-0,6 Agenda Packet Page 442 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 15:The envelope, and duct package is cost-effective for all single family and multifamily homes
built before 2006. Cool roof upgrades are cost-effective for all single family a�nd multifamily homes built before
2006. Window replacements are cost-effective for single fami'ly and multifamily homes built before 19,78.
Note.- Grey rows indicate option is not cost effective.
Table 47: CZ 15 - Single Fa fly Efficiency Upgrade Coist-effecti"veness Results
Electricity Gas Measure Utility Cost Simple Lifecycle
Measure Vintage Savings Savings Cost Savings Payback Benefit-Cost
(kWh) (therms) Ratio
Envelope & Duct Pre-1978 41 141 23 $3,.472 $1,.116 3.11 6.04
Package 19178-191911 21041 8 $3,212 $559, 5.75 3.27
19,912-2005 lIP877 7 $3,.212 $526 6.10 3.08
Pre-1978 11483 12 $2,273 $386 5.89 3.20
R-38 Attic Insulation 19178-191911 740 5 $2,.013 $192 10.49, 1.79
19,912-2005 769, 5 $2,.013 $204 91.88 1.910
Pre-1978 2AQ,A
I r-0--r 91 $240 $6�80 0-35 53.24
Duct Sealing 19,78-19,911 11 182 2 $240 $331 0.7'3 25.86
19,912-2005 11039 1 $240 $299, 0.80, 23.41
Pre-1978 1184 -5 $635 $296 2.15 8.72
A
CoolRoof 19178-191911 854 -3 $635 $223 2.8 . 6.59
19,912-2005 751 -3 $635 $201 3.15 5.913
Windows Pre-1978 31P214 4 $9,.810 $840 11.68 1.61
Water Heating Package All Vintages 0 19 $208 $24 8.71 2.45
LED Lamp vs. CFL All Vintages 1.2 0 $3.919, $0.30 13.26 4.68
Table 48: CZ 15 - Multifamio y Efficiency Upgrade Coist-effecti"veneisis Results Per Uni"t)
Electricity Gas Utility cost Simple Lifecycle
Measure Vintage Savings Savings Measure Cost Savings Payback Benefit-
(kWh) (therms) Cost Ratio
Envelope & Duct Pre-1978 lIP663 7 $1.,054 $445 2.37 9.6�7
Package 19178-191911 863 2 $987 $227 4.3 55 5.26
19,912-2005 762 $987 $195 5.07 4.51
Pre-1978 574 3 $594 $156 3.82 6�.00
R-38 Attic Insulation 19,78-19,911 285 $526 $77 6.8 1 7 3.33
19,912-2005 254 $526 $6�4 8.20 2.79,
Pre-1978 11128, 3 $120 $299, 0.40, 57.10
1 A
Duct Sealing 19178-191911 565 0-34 $120 $148 0.81 28.15
19,912-2005 501 0.20, $120 $129, 0.93 24.54
Pre-1978 455 -1 $184 $113 1.63 14.00
CoolRoof 19178-191911 351 -0.49 $184 $88 2.09 10.92
19,912-2005 2916 .1), $184
-0.45 $72 2.54 9.00
Windows Pre-1978 21P237 4 $5.,8,73 $581 10.11 2.26
Water Heating Package All Vintages 01 16 $16�8 $19 8.911. 2.92
LED Lamp vs. CFL All Vintages 1.2 0 $3.99 $0.30 13.26 4.6�8
51 2019-12-19
2020-1.0-0,6 Agenda Packet Page 443 of 629
Existing Building Efficiency Upgrade Cost-effectiveness Study
Climate Zone 16:The envelope, and duct package is cost-effective for all single family and multifamily homes
built before 2006. Cool roof upgrades are cost-effective for multifamily homes built before 20,016 but are not
cost-effective for si'ngle family homes.Window replacements are cost-effective for multifamily homes built
before 1978 but are not cost-effective for single family homes.
Note.- Grey rows indicate option is not cost effective.
Table 49�: CZ 16 - Single Famfly Efficiency pgrade Coist-effecti"veness Results
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings Cost Ratio
Pre-1978 6�35 231 $3.,472 $620 S.60 3.52
JO.A-r,
Envelope & Duct Package 19178-191911 286 119 $3,212 $307 rw 1.89
19,912-2005 240 107 $3.,212 $271 11.87 1.66
Pre-1978 407 76 $2,273 $269 8.43 2.31
R-38 Attic Insulation 1917 8,-1919,1 176 38 $2.,013 $126 15.917 1.22
19,912-2005 155 36 $2.,013 $117 17.44 1.14
Pre-1978 236 128 $240 $307 0.78 25.32
Duct Sealing 19,78-19,911 103 6�O $240 $141 1.70 11.65
19,912-2005 79 55 $240 $125 1.912 10.34
Pre-1978 232 $635 $21 29.70 1 0.51
CoolRoof 1978-1991 153 -23 $635 $11 56.27 0.24
2-2005 107 -22 $635 -$3 -2 13.69, -0.18
Windows Pre-1978 267 162 $9,810 $376 26.11 0.76
Water Heating Package All Vintages 01 19, $208 $33 6.37 3.15
LED amp vs. CFL All Vintages 1.2 0 $3.99 $0.31 12.914 4.80
Table 50: CZ 16 - Multifamfly Efficiency Upgrade Coist-effecti"veness Results (Per Uni"t)
Electricity Gas Measure Utility Simple Lifecycle
Measure Vintage Savings Savings Cost Cost Payback Benefit-
(kWh) (therms) Savings J Cost Ratio
Envelope & Duct Pre-19,78 243 88 $1,054 $236 4.48 5.36
Package 1978-1991 119, 45 $987 $104 91.45 2.53
1992-2005 918 38 $987 $84 11.80 2.03
Pre-19,78, 115 22 $594 $76 7.81 3.04
R-38 Attic Insulation 1978-1991 56 11 $526 $34 15.48 1.53
1992-2005 49 10 $526 $30 17-311 1.37
Pre-19,78, 131 54 $120 $138, 0.87 27.75
Duct Sealing 1978-1991 63 22 $120 $55 2.20 10.87
1992-2005 47 20 $120 $43 2.80 8.56
Pre-19,78 100 -9 $184 $16, 11._5 7. 1.83
CoolRoof 1978-1991 79 -6 $184 $15 11.88 1.83
1992-2005 60 -6 $184 $11 16.912 1.27
Windows Pre-19,78 173 113 $5.,8,73 $257 22.83 1.06
Water Heating Package All Vintages 01 16 $16�8 $28 6.01 4.08
LED amp vs. CFL [::A::11:Vintages 1.2 0 $3.99 $0.31 12.914 4.80
52 2019-12-19
2020-1.0-0,6 Agenda Packet Page 444 of 629
City of Chula Vista Existing Home Energy
Sustai'nabil�ity Ordinance Overview
Background: Homes in Chula Vista have been built over the years,to meet the applicable energy related
building codes which were first put in place in 1978., Since then new homes have gotten healthier and
more efficient while some existing homes have gotten left behind. To help address these older homes
the City is educating residents about retrofit opportunities and requiring older homes undergoing
additions or remodels to make certain targeted upgrades, where applicable and feasible�, to bring them
closer to current codes.
Who Needs to Comply: These energy saving improvements are something most homes can benefit
from but because newer homes have already been built to meet more recent energy code the focus of
this policy is homes built in Chula Vista before 2006. Any home that does not have these measures
should evaluate if they would benefit their home, but this ordinance is focused on homes that are doing
alteration�s or remodels. Under this ordinance the definition of"remodel" is tied to structural changes
that trigger the need for a permit. Please review the potentia�l examples below to better understand
what projects need to com�ply.
Wh�at projects trigger this requirement?.
• Adding square footage
0 Moving interior walls Location Year Home Was Built Required Energy
• Adding windows and doors Efficiency Measures
All City 2006 0
These projects do NOT trigger this All zip codes 20,015 to 1979 2
except 91914
requ�ir�ement: All zip codes 1978 or older 3
0 Adding new tile or flooring except 91914
0 Bathroom fixtures 91914 20,015 or older 4
0 Lighting fixtures
0 Appliances
0 Adding or moving a kitchen i'sland
0 Adding or changing counters
0 Adding an Accessory Dwelling Unit (ADU/JADU)
0 Projects that are medically necessary
Based on the age and location of the home, different energy saving measures will be required. Please
use the table above to determine how many of the energy efficiency measures listed in the table below
will be required if your home undergoes an alteration or addition. The City recommends all homes in
Chula Vista implement some level of the energy measures listed below to reduce their energy bill and
improve home air quality. For more info�rmation on cost effectiveness or other detail please review
"'Chula Vista Energy Efficiency Fact Sheet"" at https://www.chu�lavistaca-gov/departments/clean/ret�rofit.
What Energy Efficiency Actions Could Be Included? Below is a table that reviews the home energy
efficiency standards that the City is trying to ensure homes meet.
2020-1.0-0,6 Agenda Packet Page 445 of 629
Name Description Benefit Implementation Notes
LED Lighting Replace screw-in halogen, LED lights can use up to 75%less Not applicable to lights
incandescent or CFL light bullbs energy than incandescent bulbs plugged into outlets,
with LED light bulbs and are 15%more efficient than recommend Energy Star
average Compact Florescent Light bulbs. Historic fixtures
(CFQ Bulbs. exempt if not compatible
with LED bulbs.,
Water Heating A.Water Heater Blanket- Water heating can account for up Only accessible hot water
Package Insulate exterior of storage to 50%of an average home's pipes need to be
water heaters manufactured natural gas usage., By insulating insulated. Historic
before April 2015. the tank(if not already insulated), fixtures exempt if not
B. Hot Water Pipe Insulation- and exposed piping you can compatible with water
Insulate all accessible hot water minimize the amount of heat that efficiency measures.
pipes with R-3 pipe insulation. is lost on its way to,you. By
C. Low Flow Fixtures-Upgrade utilizing low flow faucets,aerators
sink and shower fittings to and low flow showerheads you
maximum flow rates of 1.8 not only save water but also save
gallons per minute(gpm)for the energy used to heat up that
showerheads and kitchen water'.
faucets,and 1.2 gpm for
bathroom faucets.
Attic Insulation Add attic insulation in buildings Attic insulation helps your home Homes with existing
with vented attic spaces to meet maintain a stable temperature. insulation greater than R-
R-38. 5 in Climate Zone 7 or
greater than R-19 in
Climate Zone 10 are
exempt. Homes without
vented attics are exemipt.
Duct Sealing Air seal all accessible ductwork Duct leakage can be as high as
with a goal of reducing duct 30%in average California homes.
leakage to be equal to or less Thi's means that up to 30%of the
than 15%of system airflow. air you are paying to heat or cool
is being lost before it reaches its
d�estinia�tion. Additionally, leaky
ducts can allow a pathway for dust
or other indoor air,quality
concerns to enter your rooms.
Air Sealing Apply air sealing practices Houses built over the past five Only accessible areas
throughout all access,ible areas years are over 20 percent tighter need to be sealed. Attics
of the building. Homes with one than those built a decade earlier. with crawl space are
or more vented combustion This means the air you paid to considered accessible.
appliances MUST have a BPI heat or cool can escape and
Combustion Appliance Safety increases your energy bills and
Inspection performed after air outside pollutants can enter your
sealing. home. By sealing your home you
can make it safer and healthier.
2020-1.0-0,6 Agenda Packet Page 446 of 629
CoolRoof Only applicable if project Cool roofs help save energy by Only for steep slope roofs
includes re-roofing or addition of increasing the amount of solar (shallow slope roofs
steep slope�roofs. Install a energy that get reflected away already covered).
roofing product rated by the from your home and minimize the
Cool Roof Rating Council (CRRC) need for cooling on hot summer
with an aged solar reflectance of days.
0.25 or higher and thermal
emittance of 0.75 or higher.
Windows Replace existing single pane Energy efficiency windows not Look for U-factor eq�ual to
windows with a dual pane only reduce heating and cooling 0.32 or lower and a Solar
product. costs they can also reduce the Heat Gain Coefficient
ability of moisture and noise to (SHGC)equal to 0.25 or
enter your home. lower
Water Heater High Efficiency Heat Pump Water About 18%of average homes Heat Pump Water Heater
Replacement Heater: Replace natural gas energy is used for heating water. with Uniform Energy
storage water heater,or', Heat Pump Water heater's are on Factor(UEF) of at least
tankless,water heater having an average 200%to 300%more 3.1(Northwest Energy
Energy Factor of.81 or,less,with efficient than traditional water Efficiency Alliance Tier 3).
Heat Pump Water Heater heaters while tankless units are
8%to 34% more efficient. -or-
-or- Additionally because heat pump Tankless water heater
High Efficiency Tankless Water water,heaters store the�ir hot with a minimum Energy
Heater: Replace natural gas water they can minimize energy Factor of 0.96.
storage water heater,or', less u�sage during peak periods.
efficient tankless,water with
tankless,water heater.
Air Conditioner High Efficiency Air Conditioner: When running air con�d�itioniers can Install an air conditioner
Replacement Replace an existing air be the biggest energy user in a or heat pump rated to at
conditioner with an high home so inistal�ling high efficiency least 18 SEER
efficiency air conditioner. units can prevent higher bills. It is
also important to ensure clucting is
-or- sealed and installed and filters are
High Efficiency Heat Pump: regularly cha�nged.
Replace an existing air
conditioner with a Heat Pump
Benefits: As mentioned in the table above,there are numerous benefits th�at these upgrades can
provide depending on your home. Below is more information about the main benefits.
Energy Bill Reductions—Over the expected life of the products, all of the measu�res are expected
to reduce the hom�e"s energy bills by more than the cost of installing them.
Improved Indoor Air Quality—Leaky homes and ducts are one of the largest ways that outdoor
pollutants like dust and pollen can enter a home., Properly sealing home's and ducts can help
increase indoor air quality. But all homes need ventilation, especially homes, using fuel-fired
appliances—gas water heaters, heating systems and stoves need ventilation, but homes can be
sealed up too tight to allow this. If you seal your home beyond the recommended 15,%of
2020-1.0-0,6 Agenda Packet Page 447 of 629
system airflow you may need mechanical ventilation to,ensure you are still receiving fresh air.
Residents can have a third party verify their homes air leakage.
0 Reduce Carbon Emissions—Home energy use is one of the largest contributors to climate
change in Chula Vista. By saving energy residents will also reduce greenhouse gas (GHG)
emissions. For more ways to reduce GHG emissions please visit www.cvclima�techal�lenge.com.
What if I have already Made Similar Upgrades: If you have already made these, or similar, upgrades or
they wi'll be a part of your home project, you will be benefiting from a more energy efficient home and
do not need to make any additional upgrades. Please review the list of exemptions below:
0 Similar measures, have already been completed
o Including participation in a low-income weatherization program (a deferment will be
provided to qualifying applicants that have applied for,weatherization programs but
not received the work yet)
0 Home achieves a Home Energy Score (HES) score of at least 8 out,of 10
0 Home has on-site photovoltaics (PV),offsetting at l�ea�st 95%of the annu�al electricity and gas-
equivalent usage
0 An alternative,voluntary, set of energy meas,ures is concurrently being completed that will
achieve equivalent energy savings to the prescriptive packages,
What if These Upgrades Will Not Work for My Project: Due to u�nique characteristics of some homes,
these upgrades may not work as intended for all residents., To help ensure that residents are not
negatively impacted by this requirement the following additional exemptions are also allowed.
Low-income Resident—Applicants who can demonstrate they qualify as a low-i'ncome
household are exempt
Project Value Cutoff- If the cost of c,om�pleting energy efficiency measures required under
this policy exceeds 20%of the overall project cost without those measures, permit applicants
can propose a more limited set from among the requ�ired measures which does not exceed
20%
A measure is beyond the authority of the homeowner due to HOA covenant
Prescribed measures would be techn�ically i'nfeasi'ble or not be cost-effective due to uniq�ue
characteristics of home or other spec,ial circumstances
When will it be in effect, if approved by City Council?
Assuming City Council and California Energy Commission approval the ordinance is expected to take
effect November 4 th 12020.
Resources: Please review the resources l�isted below for information about home energy perform�ance
or energy efficiency resources.
SIDG&E Energy Savings Assistance Program—The ESAP is an income qualified program that can
make minor improvements to your home at no cost to you, such as insulation and appliance
replacement,to help save energy. For full ESAP program eligibility requirements and
application information, please visit www.sdge.com/esap,or call 619-387-4757.
2020-1.0-0,6 Agenda Packet Page 448 of 629
0 SDG&E Marketplace—A website,www.scIgemarketplace-com,,created by SDG&E that features
thermostats,washers, dryers, refrigerators,surge protectors and lighting products with easy to shop at-a-
glance product features,energy savings estimates and product reviews.
0 Federal Weatherization Assistance—A inicome qualified program can provide you with no cost
wea,therization to hielp you save e�nergy and make your home more e�nergy efficient. If you would like to
find out if you qual�ify for this program, please call (619)409-7588 or visit MAAC's website
www.maacproj,e,ct,.,,o,rgZmi,a,i,,n�Z,im,,pacyh,e,ai,lt,hy,-homes-health-servicesLwe, thierizatio�n-se,
0 Home Energy Score—Developed by the Department of Energy(DOE) and its national
laboratories,the Home Energy Score provides homeowners, buyers and renters directly
comparable and credible i'nformation about a home's energy use. Like a miles-per-gallon rating
for a car,,the Home Energy Score is based on a standard assessment of energy-related assets to
easily compare energy use across the housing market. For more information please visit:
www.homeene�rgyscore.gov.
0 Go Green Financing—To help residents find financing for energy saving projects the state
created the Go Green Financing websi'te: www.gogreenfin�ancing.com. This allows California
residents and businesses,to create a custom energy action pla�n, find rebates and incentives and
find a finan�clin�g option.
Questions? Contact the City of Chula Vista's Conservation Section at 619-409-3893 or
,cloniservation@ch�ulavistac,a.gov,.
2020-1.0-0,6 Agenda Packet Page 449 of 629
Chula Vista Energy Efficiency Fact Sheet
As a part of the City's Climate Action Plan the City is requiri'ng some energy efficiency improvements in
older or more inland homes but these same improvements could also help other homes reduce their
energy bill and improve their homes indoor air quality. Please find general information about the
average payback, potential for energy savi'ngs and other benefits below. Individual energy savings will
depend on that home's energy usage. For more information, such as installation details, please visit:
www.chu�lavistaca.govZdepartmentsZcleanZretrofit.,
Name Description Benefit Average
Simple
Payback
(yea rs)
LED Lighting Replace incandescent or CFL light bulbs LED lights can use up to 75%less 1.1
with LED light bulbs energy than incandescent bu�lbs and up
to 15%more efficient than average
Compact Florescent Light(CFL) bulbs.
They also reduce cooling costs because
they put off less heat than
incandescent bulbs.
Water Heating Water Heater Bl�anket-Insulate exterior of Water heating can account for,up to 6.9
Package storage water�heaters, if needed. 50%of an average�home's natural gas
Hot Water P,ipe Insulation,-Insulate all u�sage. By insulating the tank(if not
accessible hot water pipes. already insulated)and exposed piping
Low Flow Fixtures-Upgracle sink and you can min,imize the amount of heat
shower fittings to low flow showerheads that is lost as you get your hot water.
and faucets. By utilizing low flow faucets, aerators,
and low flow showerheads you save
water and the energy used to heat up
that water.
Attic Insulation Add attic insulation in buildings with Attic insulation helps your home 11.4
vented attic spaces. maintain,a stable temperature and
reduce heating or cooling costs. If
combined with other attic work such
as duct sealing or air sealing,,you can
br�ing down total costs.
Duct Sealing Air seal all accessible leaky ductwork. Leaky ducts can allow a pathway for 4.6
clust or other indoor air quality
concerns to enter your rooms while
letting the air you paid to condition to
escape before it reaches the living
space. Duct leakage can be as high,as
30%in average California homes.,
2020-1.0-0,6 Agenda Packet Page 450 of 629
Air Sealing Apply air sealing practices throughout all Houses built over the past five years 7.5
accessible areas of the building. Homes are over 20 percent tighter than those
with one or more vented combustion built a decade earlier. This means the
appliances should have a BPI Combustion air you paid to heat or cool can escape
Appliance Safety Inspection performed and increases your energy b�ills and
after air sealing., outside pollutants can enter your
home.
Cool Roof Install a cool roofing product rated by the Cool roofs help save energy by 9.6
Cool Roof Rating Council (CRRC). increasing the amount of solar energy
that get reflected away from your
home and minimize the need for
cooling on hot days.
Windows Replace existing single pane windows with, Energy efficiency windows not only Not Cost-
a dual pane product. reduce heating and cooling costs they effective
can a�lso reduce the ability of moisture
and noise to enter your home.
Water Heater High Efficiency Heat Pump Water Heater: About 18%of average homes energy is Potentially
Replacement Replace natural gas storage water heater, u�sed for heating water. Heat Pump Cost-
or,tankless water heater with Heat Pump Water heaters are on average 200%,to effective.
Water Heater 300%more efficient than traditional Depends on
water heaters while tankless units are age of
-or- 8%to 34% more efficient. existing
High Efficiency Tankless Water Heater: Additionally', because heat pump water equipment
Repl�a�ce natural gas storage water heater, heaters store their hot water,they can
or, less efficient tankless water with high minimi'ze energy usage during peak
efficiency tankless water heater. periods.
Ai'r Conditioner High Efficiency Air Conditioner: Replace an When running air conditioners can be Potentially
Replacement existing air conditioner with a high the biggest energy user in a home so Cost-
efficiency air conditioner. installing high efficiency units can eff ective.
prevent higher bills. It is also Depends on
-or- imiportant to ensure clucting is sealed age of
High Efficiency Heat Pump: Replace an and installed and filters are regularly existing
existing air conditioner with a Heat Pump changed. equipment
Cost Effective Measures
Based on statewide cost effectiveness studies for our region the energy efficien�cy measures listed below
were found to be cost effective for the location and age of the home shown in the table. Depending on
your h�ome's energy usage, individual measures may very but this list can provide a good
recommendation on cost effective energy efficiency upgrades you can make to your home.
2020-1.0-0,6 Agenda Packet Page 451 of 629
Year Bu�ilt Climate Zone 7 Climate Zone 10(91914)
Pre-1978 1) LED Lighting
2) Water Heating Package 1) LED Lighting
3) R38 Attic Insulation 2) Water Heating Package
4) Duct Sealing 3) R38 Attic Insulation
4) Duct Sealing
1978-,2005 1) LED Lighting
5) Air Sealing
2) Water Heating Package
Resources: Please review the resources l�isted below for information about home energy perform�ance
or energy efficiency resources.
0 SDG&,E Energy Savings Assistance Program—The ESAP is an in�come qualified program that ca�n
make m�inor improvements to your home at no cost to you, such a�s insulation a�nd a�ppliance
replacement,to help save energy. For full ESAP program eligibility requirements and
application information, please visit www.sdge.com/esap,or call 619-387-4757
0 SDG&,E Marketplace—A website,www.sdg,e,m,a,r,k,e�t,p,l,ace.com,created by SDG&E that features,
thermostats,washers, dryers,refrigerators,surge protectors and lighting products with easy to shop at-a-
glance product features, energy savings estimates and product reviews.
0 Federal Weatherization Assistance—A inicome qual�ified program can provide you with no cost
wea,therization to help you save energy and make your home more energy efficient., If you would like to
find out if you qual�ify for this,program, please call (619)409-7588 or visit MAACs website
www.maacproject.org/miain/impact/heailthy-�homes,-�heailth-services/wea�thierization-se
0 Home Energy Score—Developed by the Department of Energy(DOE) and its national
laboratories,the Home Energy Score provides home owners, buyers, and renters directly
comparable and credible information about a home's energy u�se., Like a miles-p�er-gallon rating
for a car,the Home Energy Score is based on a stanclard assessment of energy-related assets to
easily compare energy use across the housing market. For more information please visit:
www.homeenergVscore.gov.
0 Go Green Financing—To, help residents find financing for energy saving projects the state
created the Go Green Financing website: www.gogreenfinancing.com. This allows California
residents and businesses to create a custorn energy action plan, find rebates and incentives and
find a financing option.
Questions?City staff are ready to help. If you have questions about your home or potential project
please contact the City of Chula Vista's Conservation Section at 619-409-3893 or
cloniservation@ch�ulavistac,a.gov,.
2020-1.0-0,6 Agenda Packet Page 452 of 629
C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
CITY, OF
.....................................
CHUIAVISTA
October 6,2020 File,ID: 20-0365
TITLE
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA ACCEPTING THE
TELECOMMUNICATIONS MASTER PLAN
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City engaged Magellan Advisor's to work with City staff to create a Telecommunications Master Plan
which provides a detailed roadmap to achieve the technical portions of the City's Smart Cities objectives.
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 falls under a Statutory Exemption pursuant to Section
15262 (Feasibility and Planning Studies) of the State CEQA Guidelines. Thus, no further environmental
review is necessary.,at this time.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.
BOARD/COMMISSION/COMMITTEE,RECOMMENDATION
Not applicable.
DISCUSSION
Background
As the City began working on our Smart C�ities efforts, it was determined that a well-rounded technology
based plan is necessary. The goal of the plan is to begin implementation of technologies and processes to
deploy a system that provides the highest levels of service to our citizens. Several studies were completed
including the Smart City Strategic,Action Plan, Smart Bayfront, Traffic Signal Master Plan and Fiber studies.
All of these reports pointed out that an in-dep�th study of the City's ability to provide the technological core
to support these efforts needed to be done. Staff issued an RFP seeking firms qualified to take on this type of
study.Magellan Advisors was awarded the bid to provide a detailed and comprehensive report which would
1111. 0 0 1 PIi3ge 1 1
2020-1.0-0,6 Agenda Packet Page 453 of 629
lay out a road map for City staffto address the following 14 functional/technical areas deemed to be critical
to achieving our Smart City objectives:
1) Core Data Infrastructure/Fiber
2) Data Center Requirements
3) Telephony Requirements
4) Video Requirements (Remote Location Security)
5) Electronic Informational Signage/Kiosks,
6) Sensor Networks
7) Wi-Fi/Municipal Wireless Systems
8) Operational and Maintenance Costs
9) Long Term Project Costs
10)Current Environment(Suitability for Smart Cities efforts)
11)Various Data Policies
12)Wireless Systems Security
13)Information Systems Governance
14)Valuation of City Assets
Magellan Advisors is a very well-respected consultancy firm which specializes in building transformational
fiber,wireless and broadband networks.The project manager for this report is Jory Wolf who was previously
the Chief Information Officer with the City of Santa Monica where he launched Santa Monica City Wi-Fi,which
provides free internet services to the public through a network of 3,2 hot zones and wireless coverage in most
major commercial and transit corridors throughout the city. He created Santa Monica City Net,a 100-gigabit
broadband initiative to support an environment for local businesses to compete in the global economy with
cutting edge network so�lutio�ns.
Each of the categories reported on contain recommendations on how to achieve industry standards in order
to be ab�le to effectively achieve the City's Smarty Cities goals. Staff has reviewed the final report and support
the recommendations offered within.
The following are excerpts from the Executive Summary of the Telecommunications Master Plan report
which covers the major action areas of the report.
............................................................................................................................................................................................................................................................... .......................................................................................................................
TELECOMMUNICATION MASTER PLAN REPORT EXECUTIVE SUMMARY
The City of Chula Vista has embarked on an ambitious Smart Cities vision.The goals of the Smart Cities vision
are to:
Connect all City facilities, providing a secure, cost effective, redundant and flexible network
infrastructure to meet current and future data,video and voice communications needs;
Provide a network infrastructure to enable the C�ity to control its telecommunications costs,
implement smart city initiatives and encourage economic development;
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• Provide a network infrastructure which enables applications and services,and facilitates innovation
and economic development within the City, including the Bayfront, Millenia, and University &
Innovation areas;
• Provide timely, accurate data to centralized locations from myriad sources including IoT devices,
mobile field units (for Police,Fire,Public Works) and other infrastructure to maximize efficiency and
enable timely,accurate business management decisions;
• Connect citizens to City services and provide access to data which will allow citizens to be more
connected to their government. Further,the City envisions significantly reducing the"digital divide"
by providing access to the internet and City digital services to underserved ar�eas�-
• Where practical, develop Public- Private partnerships to further the Smart Cities vision.
In 2018,the City retained Magellan Advisors ("Magellan") to develop this Telecommunications Master Plan
("TMP") to focus on the development of a fiber and telecommunications infrastructure to support the City's
Smart Cities vision.Along with a plan for network infrastructure for the City, Magellan provides advice and
policies, organization assessment,and frameworks for the City to enable its Smart Cities vision.
Magellan reviewed several existing City reports which had been previously commissioned,including:
0 2017 Chula Vista Smart Bayfront, EnergyTechnologies Assessment-Black and Veatch
0 2017 Chula Vista Smart Bayfront, Communications and Smart Infrastructure- Black and Veatch
0 2 018 Smart CitiesTechnology Analysis, Recommendations for Bayfront- Black and Veatch
0 2 018 Baseline Network Assessment Report(IT) - NIC Partners
0 2017 Smart City Strategic Action Plan- (Maddafer)
0 2017 Traffic Signal Communications Master Plan
0 2016 Chula Vista Fiber Optic System Assessment- Black and Veatch
Magellan conducted a two-day on-site kickoff, coordinating through Information and Technology Services
(ITS) Director Edward Chew. Many department heads were interviewed on current situation, needs and
plans. Department heads from Economic Development, Law, Finance, Sustainability, Public Works, Traffic,
and others participated.
Magellan also requested the City to provide many GIS data layers for analysis and to support possible fiber
route planning which were provided by ITS and Traffic Division and uploaded to Magellan's GISCIoud
instance for the City of Chula Vista.
Telecommunications Master Plan (TMP,) S,umtnary
In this Executive Summary, Magellan provides a synopsis of the findings and recommendations in the
Telecommunications Master Plan (TMP).
Core Infrastructure and LAN/MAN Opportunities
This section details the efforts of the Information and Technology Services ("ITS") and Traffic Control
("Traffic") divisions on their planning initiatives to upgrade the Chula Vista networks and fiber networks.
Traffic is already upgrading some traffic signals to connect to the Traffic Management Center('TMC)via fiber,
and 24 signals are currently connected in this way. The section details the necessary attributes of a robust
fiber network, defining scalability, performance, inter-operability, reliability, multi-purpo�se, security and
operations traits, along with statements on required staff to support such a network. It outlines the several
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benefits of having a dedicated fiber network, including improved operational and financial control, and
reduced reliance on third-party operators.
The analysis then moves to design and phased implementation of a Citywide fiber network. The phased
proposal is to construct three rings,first in the west and expanding eastward.,The first ring is implemented
in three phases: first, the fiber backbone ring, second, connecting traffic signals along the network via new
fiber,and third,connecting City building sites to the fiber network for operations.The second ring connects
to the first, and is itself implemented in two phases: first, the backbone ring, and then connecting traffic
signals to new fiber.The third ring completes the proposed network,connecting all remaining traffic signals
to the network.,
Table,1-1 Network Construction Phases
equired Backbone Ring 17 Connecting Data Centers,,and Aggregati,on Sites
2, Required Traffic Network Connecting to Ring 1
3, Required Laterals Connecting City Sites to Ring 1
4 Contingent Backbone Ring 2 and Laterals to City Sites
'S Contingent T'raffic Network Connecting to Ring 2
6 Contingent Backbone Ring 3 (Blue) and. Remaining Trafficl� Network
Implementation of' the second and third rings are contingent on availability of complete funding for all
components of a specific phase.
Conceptually,the completed network schematic is as follows:
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switches at each site to provide both protected high-speed transport between the data centers and remote
site aggregation for end user access to the applications and storage. In addition to remote City sites,the ring
also aggregates the traffic control networks, surveillance systems, and future Smart City components. (See
Appendix C for a complete list of named sites associated with each rIing.)
Following is an example, details in the T'MP include a map of the proposed routes along with summary
metrics for the construction.Phase 1 is included here;the remaining five phases are in the body of the report.
Phase 1 includes 14.3 route miles of fiber consisting of the primary backbone fiber ring and connection of
four sites, including City IT, Traffic Management Center, Police Headquarters, and Public Works. All four
buildings are designated as priority 1 sites.
IRS::
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Figure 1-5 Phase 1 Route Map
Phaise 2 follows the Traffic Signal Communications Master Plan ("TS,CMP,") to construct fiber for the traffic
signals networks in downtown Chula Vista. The traffic signals networks could be deployed in physical rings
or daisy chained configurations,depending on available equipment budget and fiber topology.Each group of
signal controllers terminates to the aggregation switches on the transport ring for connectivity to the
primary Traffic,Management Center.
Phaise 3 constructs fiber to connect sixteen (16) of the twenty-seven (27) City sites,including Traffic Center
and Civic Center B,using 24-clount laterals from each site to the aggregation switches on the transport ring.
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This would migrate the majority of'City sites to City-owned fiber and allow the disconnection of monthly
recurring leased services to those sites.
Phase 4 constructs a second physical fiber ring connecting sites and traffic signals networks in the northern
half of the City. This ring would be used to aggregate City sites and traffic signals networks to the primary
ring for termination into one or more of the aggregation sites. In addition, 24-count laterals would be
constructed to the remaining seven remote City sites.
Phase 5 constructs the networks serving the northern traffic signals and terminates them to the aggregation
sites on the primary ring for connectivity to the Traffic Management Center.,
Phase 6 constructs a third physical ring connecting the southern half of the City, providing future fiber
connectivity as growth occurs. The remaining traffic signals network points would also be transported by
this rinR to the aggregation sites for connectivity to the Traffic Management Center.
k-0
For the six phases,, construction costs are almost directly proportional to the lengths of proposed fiber
segments,based on Magellan's design.The following tab�le summarizes core,and lateral distances by phase:
Table 1-2 Summary of Fiber Ne�twork Metrics, by Ring, by Phase
Core/Backbone Laterals/Distribution Core�+Laterals
Ring Phase Linear feet Linear miles Linear feet Linear miles Linear feet Linear miles
1 73�1371 13.90 21539 0.48 75,910 14.38
1 2 0.00 112,855 21.37 112,855 21.37'
3 0.00 35,353 6.,81 35.,953 6.81
2 4 70
343 13.32 31,332 5.93 101,675 19.26
2 5 0.00 811280 15-39 811280 15.39
3 6 321953 6.24 17
1971 3,.,40 50924 9.64
176 53.,40 458,597 86.86
,667 33.46 281.,930
L38,.52% 61.4 8%,]
Magellan provides this order of magnitude estimate of design, engineering, co�nstructio,n,. pro,ject
management,construction management,and engineering costs,along with a contingency,for the three rings
and six phases. Total costs for the entire construction effort,including contingency, are estimated at$,20.03
million,as follows:
• Labor and Materials: $16.51 million;
• Contingency on L&M: $1.6SI million (at 10%);
• Design and Engineering: $573K;
• Construction Management" $480K over three construction waves;
• Project Management: $384K over three construction waves;
Equipment and Electronics: $435K,including 20%professional services for installation.
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Table 1-3 Estimated Engineering, Construction, Management, and Equipment Costs
Labor& 100/0 Design and Total Const,
Ring Phase(s) Sites Material Contingency,, Engineering Dies&Eng Const Mgt Project Mgt Equipment Total
1(Req) 1,2,,3 20 7,916,462 791,646 238,073 8,946,181 180,000 144,000 283,010 9,553,191
0,
2(Cont) 4,5 7 6,657 756 6651776 228�248 71551�779 180 000 144100 87080 7,962,859
----------- ----------- 0
-----------------------------------------------------I------------------------------------------------------------------
3(Cont) 6 0 1,9132,937 193,294 106,925 2,233,156 120,000 96,000 65,310 2#514,466
Totals: 16,507,154 :0 1,650,715 573,2461 180731j16 4800000 384,000 435,400 20p03%516
Includes professionail services for installation
(Req=Required;Cont=Contingent on Funding)
Although construction of the three backbone rings must precede the remote site and traffic signals
connecting to them, the six phases are operationally independent of each other. Each phase can be
implemented over three to twelve months, depending on the City's financing strategy. In addition,
construction of the Phase 2, 3, and 5 remote site and traffic signal connections can be extended across
multiple years if necessary, by maintaining the existing leased telecom services during the term of
construction.
Magellan recommends the following as next steps for examining the proposed fiber network:
IN Conduct Complete Engineering Design for Fiber Network.
Construct Ring 1 (Phases 1-3) of Network-including all 5 Priority 1 sites and 20 City building sites
Connect City Data Centers Along Primary Ring-including City Hall,at Civic Center Building A,and at
Public,Works Aggregation site.
Centralize Network Management and Security-with ITS managing fiber,network,,while permitting
Police Department and Traffic to manage their own user biases and applications running on the
network.
• Integrate Traffic Control Networks to New Cisco'Technical Infrastructure
• Collocate to Commercial Data Center for Direct Access to IP Service Providers
As currently planned,without commercialization of the network,there are no, direct revenues to the City as
a result of building this network; all the benefits would be improved service, opierlational cost reductions.
Long-term, replacing commercial communications, subscriptions currently under contract with AT&T and
Cox would save approximately$375,000 per year, resulting in a payback period of more than four decades.
With an installed fiber network,there may be second order revenue opportunities through leasing available
conduit to telecommunications compianies,utilities,and other private entities. Private companies,especially
telecommunications companies, may be interested in leasing dark fiber. There may also be partnership
opportunities with community anchors and business parks.
Next, Magellan addresses how the proposed network will address the core seven design principles outlined
by the C�ity: Scalability, Performance, Interoperability,Multi-use, Reliability,Security,and Operations.
Finally, Magellan suggests that consideration be given to issuing an RFP for alternative fiber network
solutions,instead of direct fiber network construction,as costs of construction may be too great.
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Data Center
This section provides an assessment of whether the City's current data center offers adequate protection for
basic services and can support additional capacity for supporting the implementation of the,latest smart city
technologies served by a multi-gigab�it fiber and wireless network including, VoIP, interactive kiosks, HD
cameras,smart streetlight controllers,intelligent transportation devices,sensors and many other IP enabled
devices and applications. The Plan then enumerates a series of controls that should be implemented,with
annual reviews recommended. Each control is named; provides a statement of the control's objective; a risk
statement in the event the control is not implemented;and a value statement regarding the control. (Detailed
templates are provided in Appendix B for each of'the controls.The templates list a minimum set of data and
City should define the values and processes around each.)
Recommended contro�ls include the following:
• Environmental Controls
• Physical Security Controls
IN Secure Workspace Program
Secure Workspace Perimeter
Secure Workspace Access Reporting
Secure Workspace Compliance Inspections
Visitor Management
Business Resiliency
Business Impact Analysis
Risk Assessment
Business Activity Level Recovery Planning
Backup Media Creation and Restoration
Disaster Recovery, Business Continuity Testing
Business Insurance
Infection Disease Planning
Video
This section provides an overview of video and its uses in cameras for the purposes of security monitoring,
for traffic monitoring, and ultimately planning for 5,G video attachments to streetlights. Included is a
recommendation for a governance framework for federated operations with other entities.
Specific recommended next steps include:
IN Develop phased implementation plans for new,upgraded cameras,led by ITS.
Coordinate camera deployment with other technology upgrades.
Identify network requirements for camera backhaul and signal aggregation points.
Establish policies for aggregating,monitoring,retrieving,storing and sharing video content.
Ensure network infrastructure provides direct,wired access to cameras.
Reach out to stakeholders to establish federated video sharing agreements.Stakeholders may include
County agencies located and operating within the City, Chula Vista schools, C�alTrans and other mass
transit entities,and large businesses.
o Stakeholders may include neighboring cities of San Diego,National City,San Diego County,and
San Diego Association of Governments (SANDAG),the regional planning entity.
Develop systems, for securely accessing video feeds, and delivering video to remote users. Include
chain of custody considerations.
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IN Develop storage,retention and archiving strategy and policy for all videos,.
Siognag�e and Klosks
This section provides an overview of the purposes of signage and kiosks, which are essentially computer
displays that inform citizens and visitors about activities, status, traffic and pedestrian detours, emergency
situations,and other urgent or timely information. Some signage is interactive with the use of touchscreens
or other means of collecting user input. Next steps include recommendations for analysis, to ensure
appropriate use, decide on proper locations,etc.
Specific recommended next steps include:
IN Plan for motorist-targeted displays in commercial districts and densely populated areas.
Decide whether kiosks should additionally be used to deliver public Wi-Fi.
Review funding for infrastructure that may be used to connect displays and kiosks.
Determine variability,criticality and level of control for each class of displays and kiosks.,
Establish a comprehensive set of standards.
Sensor Networks
This section offers a brief primer on sensor technologies,and their uses.In the Plan,sensors are devices that
convert energy (light, movement,, pressure, etc.) to digital data on which decisions may be made or actions
taken.Sensors can be as simple as automated door openers,to smart meters that measure utility flow(water,
electricity)�, to more comp�lex items such as traffic or pedestrian flow and parking availability. Next steps
include more detailed specifications of priorities and service needs prior to detailed implementation
planning.
Specific recommended next steps include:
Determine monitoring requirements based on municipal goals and departmental activities and
initiatives.
Develop City policies for sensors,both for operation and for valid data collection and usage.
Conceptualize full build out of sensor network and derive operational requirements.
Prioritize build out based on strategic goals and imperatives.
WI-Fi and Munl*cipal Wireless Systems
This section merges two proposal tasks. In it, Magellan analyzes and evaluates municipal wireless
infrastructure systems which are private and secure,and which can provide the basis for Citywide municipal
Wi-Fi, if desired. Discussions of technology standards, the differences between Wi-Fi and mobile wireless
and transitions to SIG technologies are included.There should be both secure,authenticated Wi-Fi for use by
City employees, staff and contractors; public access Wi-Fi at City locations, for use by the visiting general
public; and lo�ng-term, possibly Citywide municipal Wi-Fi. As of Dec 2019, the City manages 120-130 Wi-Fi
access points.
Specific recommended next steps include:
IN Identify objectives, scope and purposes of citywide wireless network covering all City government
buildings. These could include consolidating the several Wi-Fi networks into a single, unified
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network; providing greater coverage; resolving gaps in network coverage; supporting use of other
devices,including tablets, 5G devices,digital signage,kiosks,sensors,- support for recreation centers
and parks, event spaces,and temporary gathering spaces; providing ubiquitous Wi-Fi,etc.
IN Examine and assess possible business models to determine sources of funds for capital investment
and support of ongoing operation. This could include several options including: public ownership
and operation, public ownership with contracted operation, public-private partnerships, or hybrid
models combining traits of multiple options.Risk assessment should be included,assessing financial,
operational,and business interruption risks.
IN Beyond public Wi-Fi, analyze how Wi-Fi might be used for enhanced public safety applications,
transit and transportation applications, field access for code, enforcement and inspections,
congestion management,etc.
Operati'ons and Maffitenance Costs
This section focuses on the ITS department,its current project lists,and absolute minimal additional staffing
required to enable the ITS organization to provide support for Smart Cities initiatives. As of 2019, ITS had
thirteen (13) staff under the leadership of IT Director Edward Chew. In addition,three (3) staff are detailed
to Police Department with a dotted-line reporting responsibility back to Mr. Chew, to ensure consistent
direction of infrastructure that is utilized throughout the City.
TION, AND TECHNOLOGY SERVICES
INFORMA,
"I'a..........=A
All
Figure 1-6 Information and Technology Services Organizational Chart
As of November 2,019, there are at least twenty (20) significant projects on the ITS projects list, many of
which focus on operational improvements and security, and not strategic initiatives. 'The projects list is
included in this section.
Magellan recognizes that budgets are limited in Chula Vista. Magellan also realizes there are many years of
work in the above project list. However, Magellan recommends the addition of one (1) Senior Engineer and
one (1) Senior IT Specialist to work on project backlog and support design of Smart City initiatives. Project
Management improvements are necessary, to increase project capacity, standardize project execution, and
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provide consistent status reporting to senior management; Magellan recommends one (1) Project Manager.
Finally,with cybe,r-security concerns ever-p�resent and increasing, Magellan recommends creation of'a Chief
Information Security Officer ("CISO") role.
Current Environment (Suitability for Smart Cities)
This section outlines the, minimum City requirements for supporting Smart Cities initiatives. The four
identified necessities are:
Citywide fiber network-Must be robust enough to provide backhaul for SIG and other smart devices
strategically placed throughout the City.The fiber network may be newly constructed or leased from
commercial providers or other partners.
Policies to support data and usage - With large amounts of data being captured and published to
support Smart City initiatives, the policies required for governing data, use and protection of data
must be defined and approved,.
• Appropriate pricing- City has many valuable assets,including streetlights and other vertical assets.
Consistent, legitimate and valid pricing must be developed to support timely responses to licensing
applications,and to monetize City assets where possible.
• Necessary additional staffing - IT'S staffing today is insufficient to support its backlog of projects.
Significant,or even several,Smart City initiatives cannot be reliably or timely supported with current
staffing and budget. Staffing augmentation contracts and contractors may provide specific technical
skills but will require additional funding.
Magellan also included a SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis of the ITS,
organization. (ITS is the primary supplier of internal technology services within the City.)
Data Policies
This section identifies the considerations for five data policies: Data Privacy; Open Data; Data Ownership-,
Smart Cities Readiness; and Dig Once. These are prototype policies and need to be reviewed internally with
key City departments, to flesh out details. Once in finished form (not in scope to this report), these should
proceed to reviews and approvals by City Management and,if necessary, City Council. Each policy should be
finalized and standalone. (Some identical terms are defined in several policy examples.)
• Data Privacy Policy-provides a framework for protecting personal information collected by the City
and sets the boundaries for appropriate use. In finalizing the policy, many classes of data must be
defined and each may have its own limits.
• Open Data Policy-provides a framework for defining how specific data sets might be made available
to the public via a portal,a website,etc.both protecting the City while not compromising the identity
or rights of the provider or subject of the data.
Data Ownership Po�licy - provides a framework for proper use, storage and management of data
across all City agencies and departments. The Policy should outline expectation of data access,,
availability, and management to ensure cross functional decision making while preserving data
integrity and accountability.
Smart Cities Readiness Policy - provides the framework for City to set policy to enable the
implementation and support of Smart Cities initiatives. The final policy should include the desired
outcomes,limits on possible partnerships,and set limits and permissions on the use of data required
to support the initiative.
Dig Once Policy- frames,the policy over minimizing the cost,disruption,and frequency of placement
of road, utility, and other infrastructure. The final policy should include considerations of joint
trenching, which encourages communications between and among City agencies and departments,
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and with external parties such as utilities, to ensure, wherever possible, that conduit, and possibly
fiber, are placed whenever infrastructure is opened for work. This policy may include guidance on
moratoria, and cite, valid exceptions, such as for emergency repair. (A complete Dig Once policy is
included as Appendix A.)
Valuation o�f'Key Assets
This section provides a valuation analysis for 5G wireless pole attachments which may be affixed to
streetlights and other City assets. It discusses FCC's Wireless Order, 18-133,which is currently in effect but
under appeal in Ninth Circuit Court.The analysis discusses the timeline shot-clock for reviews and approvals
of permit applications which might be submitted by wireless carriers,the framework for aesthetic guidelines
which City may require, and the fees cities may reasonably charge for permits and annual attachment fees.
FCC's safe harbor annual fee of$270 per pole per year is discussed.
C011clusioll
The City of Chula Vista is actively p�lanning its long-ter�m Smart Cities vision.ThisTelecommunications Master
Plan, with its primary focus on creation of a citywide fiber network and recommendations for
complementary technologies,policies and processes,helps position the City to move forward to provide new
services, technologies, and applications. These will support faster growth and economic development,
permitting Chula Vista to continue its growth and increase prosperity.
I-----------------------------------------------------------------------------------------------------------------------------------------------------------
There are many sections of the report where City staff has already begun/completed work as outlined in the
full Telecommunications Master Plan.The Information and Technology Services Department has completed
a full replacement of the City's core network. Staff from throughout the City have begun working on various
data governance and use po,licies in order to provide straightforward data policies to,protect sensitive data,
while providing important data for citizens/customers of the City.
As noted above in the excerpts,there are several positions recommended in the Information and Technology
Services Department in order,to provide the in-house capabilities to, carry out the recommendations. Staff
will provide formal requests for positions as part of the annual budget for consideration.
As cyber security remains a very real and important issue for the City, the report recommends a full-time
Chief Information Security Officer (CISO�) to oversee and develop a detailed cyber�-security plan for the City
including employee training,. testing of the network and data center for vulnerabilities, disaster recovery
planning(including cyber attacks) and general security initiatives around various IT pro�jects.
The report also recommends a Senior Network Engineer.The Sr.Network Engineer would provide full-time
oversight of the City's new, and highly complex, network. This is important as we expand our network to
include remote sensors throughout the City(such as irrigation,traffic control equipment, etc).This position
would provide high level expertise to address these issues as well as security on the network.This position
would work closely with the CISO in these efforts.
Two more positions are also recommended: One Sr. Information and Technology Specialist and a Project
Manager.The Sr.Info Tech Specialist would provide much needed assistance with working with departments
on various technology projects. With the current backlog of projects, this position would offer immediate
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relief to address the growing list of technology initiatives.The Project Manager would provide coordination
between all of the IT' and Departmental staff working on specific projects. Highly functioning Project
Managers save time and money on projects by providing skillful coordination of all the parties involved in a
project(staff,consultants,vendors, etc,.),.
The final report is attached with this staff report for review.
DECISION-MAKER CONFLICT
Ministerial Action
Staff has determined that the action contemplated by this item is ministerial,secretarial,manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1).
Consequently,this item does not present a conflict of'interest under the Political Reform Act(Cal.Gov't Code
§87100, et se�q.).
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 fiscal year impact by accepting this report. The Telecommunications Master Plan will be
used to, identify potential future budgetary requests which may be considered as part of the annual budget
process.
ONWING FISCAL IMPACT
Accepting this report does not create a financial obligation to the City. Any fiscal impacts would depend on
which portions of the Telecommunications Master Plan are implemented. The Telecommunications Master
Plan will be used to identify potential future budgetary requests which may be considered as part of the
annual budget process.
The operational and maintenance costs are estimated at upwards of$600,000 per year for the internal staff
recommendations and does not contemplate third party vendors to provide maintenance of the fiber
networks as proposed. Staff is, currently examining various funding strategies for these positions to be
considered as part of the annual budget.
ATTACI IMENTS
1) Telecommunications Master Plan
Staff Contact:Edward Chew,Director of Information and Technology Services
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE TELECOMMUNICATION MASTER PLAN
WHEREAS, the City of Chula Vista desires to become a Smart City through the! use! of
innovative and forward-thinking technology;
WHEREAS, the City retained Magellan Advisors to work with City staff to develop a
comprehensive Telecommunications Master Plan to address our telecommunications
infrastructure platform;
WHEREAS, significant cost savings, system availability, and increased customer service
can be achieved through the use of connective technologies to reduce power/water consumption,
provide early warning for systems which are experiencing technical issues, enhance monitoring
capabilities, remote sensing, providim4 ublic access to meaningful data (budget, public works
,_, p
projects,etc) and deploy new and possibly unknown technologies in the future to further the City's
Smart City endeavors.- and
WHEREASI the Telecommunications Master Plan provides a detailed roadmap for the City
to follow to achieve these goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts the Telecommunications Master Plan report.
Presented by Approved as, to form.-
Edward Chew, Director Glen R. Googins
Information and Technology Services City Attorney
2020-1.0-0,6 Agenda Packet Page 468 of 629
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Cay OF
CHULAVISTA
T�b�e of Con�lents
Acknowledgements.......................................................................................................................................6
1. Executive Summary...................................................................................................................................7
1.1 About Chula Vista...............................................................................................................................7
1.2 About This Study.................................................................................................................................7
1.3 Telecommunications Master Plan UlNP\ Summary...........................................................................8
1~4 |mConclusion ....................................................................................................................................22
2. Core Infrastructure and Opportunities..................................................................................24
2.1Background.......................................................................................................................................24
2.2 Current Situation..............................................................................................................................2S
2.3 Site Classification..............................................................................................................................28
2~4 Construction Phasing........................................................................................................................3S
2.S Financing Options for Constructing Fiber Rings...............................................................................49,
2.6 Conclusion ........................................................................................................................................SO
2.7 Alternative Solutions for Fiber Network ------------------------------5D
3. Data Center-----------------------------------------------5l
3.IBackground.......................................................................................................................................5I
3.2 Data Center Improvement Plan........................................................................................................5I
4.Telephony ...............................................................................................................................................57
4.lBackground.......................................................................................................................................57
4.2 General Requirements......................................................................................................................57
4.3Hosted vsOn-Premise Te|ephony-Comnparative Costs----------------------59,
4/4Hosted vsOn-Premise Te|ephony-Prosamd Cons..........................................................................6�D
4.5 Current Environment........................................................................................................................6I
4.6Cloud-Hosted vsOn-Premise Cost Estimates...................................................................................6�2
4.7 Next Step Tactics and Tasks..............................................................................................................6�2
5. Video.......................................................................................................................................................6�5
5.IBackground.......................................................................................................................................6�5
5.2 General Requirements......................................................................................................................6�5
5.3 Current Situation..............................................................................................................................6�6
5~4 Next Step Tactics and Tasks..............................................................................................................6�7
6. Signage & Kiosks .....................................................................................................................................6�9,
6.lBackground.......................................................................................................................................6�9,
6.2 General Requirements......................................................................................................................6�9,
6.3 Next Step Tactics and Tasks..............................................................................................................70
7. Sensor Networks.....................................................................................................................................72
7.1 Background---------------------------------------------72
7.2 General Requirements......................................................................................................................72
7.3 Current Situation..............................................................................................................................73
7~4 Next Step Tactics and Tasks..............................................................................................................75
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8. Wi-Fi and Municipal Wireless Systems...................................................................................................77
8.1 Background.......................................................................................................................................77
8.2 General Requirements......................................................................................................................83
8.3 Current Situation..............................................................................................................................83
8.4 Next Step Tactics and Tasks—Wireless Implementation Strategies................................................88
91. Operations& Maintenance Costs...........................................................................................................93
91.1 Projects List.......................................................................................................................................93
9�.2 Additional Staff Recommendations..................................................................................................94
10. Long Term Costs....................................................................................................................................95
10.1 Fiber Network Metrics by Implementation Phase .........................................................................9S
10.2 Possible Costs by Implementation Phase.......................................................................................95
10.3 Possible Savings Related to Fiber Network....................................................................................96
10.4 Chula Vista Financial Summaries on Network Build.......................................................................97
10.5 Chula Vista Financial Summaries on Network Build.......................................................................97
11. Current Environment(Suitability for Smart Cities)...............................................................................99
11.1 Minimum Requirements for Smart Cities Support.........................................................................99
11.2 ITS SWOT Analysis ..........................................................................................................................99,
11.3 ITS Staff Recommendations..........................................................................................................101
12. Data Policies........................................................................................................................................102
12.1 Background...................................................................................................................................102
12.2 General Requirements..................................................................................................................102
12.3 Governance & Policies..................................................................................................................104
13.Wireless Systems Security...................................................................................................................126
13.1 Background and General Requirements ......................................................................................126
13,.2 Proposed Solution Framework.....................................................................................................127
13.3 Conclusion ....................................................................................................................................132
14. Governance.........................................................................................................................................134
14.1 Develop Governance Program for IT Oversight ...........................................................................134
14.2 Develop Project Management Guidelines....................................................................................134
14.3 Policy Development......................................................................................................................135
15. Valuation of City Assets ......................................................................................................................136
16,. Magellan Advisors' Disclaimers ..........................................................................................................138
Appendix A—Dig Once Policy, Including Joint Trench..............................................................................139,
Appendix B—Data Center Support...........................................................................................................141
Appendix C—List of'City Sites...................................................................................................................159,
Appendix D—Financial Analysis for Chula Vista .......................................................................................161
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'Table of Figures
Figure 1-1 Chula Vista Conceptual Network Architecture (Three Rings)....................................................10
Figure 1-2 Ring 1 (Phases 1-3) Westside Ring.............................................................................................11
Figure 1-3 Ring 2 (Phases 4-5) Northeast Ring............................................................................................11
Figure 1-4 Ring 3 (Phase 6) Southeast Ring................................................................................................12
Figure1-5 Phase 1 Route Map....................................................................................................................13
Figure 1-6 Information and Technology Services Organizational Chart.....................................................20
Figure 2-1 Chula Vista Conceptual Network Architecture..........................................................................30
Figure 2-2 P1 Site Network Nodes..............................................................................................................34
Figure 2-3 P2 Site Network Nodes..............................................................................................................3�4
Figure 2-4 P3 Site Network Nodes..............................................................................................................35
Figure2-S Phase I Route Map....................................................................................................................3�7
Figure2-6 Phase 2 Route Map....................................................................................................................3�8
Figure2-7 Phase 3 Route Map....................................................................................................................39
Figure2-8 Phase 4 Route Map....................................................................................................................40
Figure2-9 Phase 5 Route Map....................................................................................................................41
Figure2-10 Phase 6 Route Map..................................................................................................................42
Figure 2-11 Data Centers and Fiber in San Diego............................................................................. 48
Figure 5-1 Existing Traffic,Systems Communications Network(Source: City of Chula Vista).....................67
Figure 5-2 Traffic Signals—Planned............................................................................................................67
Figure 8-1 Global Wi-Fi Hotspot Strategy and 2017-2022 Forecast...........................................................82
Figure 8-2 Current View of City of Chula Vista Wi-Fi Locations..................................................................84
Figure 9-1 Information and Technology Services Organizational Chart.....................................................93
Figure 10-1 Summary of Fiber Network Metrics, by Ring, by Phase ..........................................................95
Figure 10-2 Summary of'Fiber Network Construction Costs, by Ring, by Phase........................................96
Figure 10-3 Current Annual Communications Spending ............................................................................96
Figure 10-4 Financial Summary for Network B,uild.....................................................................................97
Figure 10-S Financial Summary...................................................................................................................98
Figure 12-1 Data Governance Roles and Responsibilities.........................................................................115
Figure C-1 City Sites and Lateral Priority 1................................................................................................159,
Figure D-1 Annual Capital Spending .........................................................................................................161
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Table of Tables
Table 1-1 Network Construction Phases.......................................................................................................91
Table 1-2 Summary of Fiber Network Metric,s, by Ring, by Phase..............................................................14
Table 1-3, Estimated Engineering, Construction, Management, and Equipment Costs..............................14
Table 2-1 Traffic,Signal Communications Infrastructure and Deficiencies Summary from TMP................26
Table 2-2 Network Construction Phases.....................................................................................................29,
Table 2-3, City Sites Considered for Connection, with Lateral Priority........................................................3 1
Table 2-4 Phasing SummaryConceptual Network...................................................................................36
Table 2-5 Phase 1 Buildout Cost.................................................................................................................3�7
Table 2-6 Phase 2 Buildout Cost.................................................................................................................38
Table2-7 Phase 2 Routes............................................................................................................................39,
Table 2-8 Phase 3 Buildout Cost.................................................................................................................391
Table 2-9 Phase 4 Buildout Cost.................................................................................................................40
Table 2-10 Phase S Buildout Cost..................................................................................................... 41
Table 2-11 Phase 6 Buildout Costs.................................................................................................... 42
Table 2-12 Estimated Engineering, Construction, Management, and Equipment Costs............................43
Table 2-13 Data Centers in San Diego.........................................................................................................49,
Table 2-14 Summary of Fiber Network Metric,s, by Ring, by Phase............................................................49
Table 3-1 Datac,enter Control Matrix..........................................................................................................52
Table 4-1 Hosted vs On-Premise Telephony—Comparative Costs.............................................................59,
Table 4-2 Hosted vs On-Premise Telephony—Pros and Cons....................................................................60
Table 12-1 Data Governance Roles and Responsibilities..........................................................................116
Table 12-2 Smart City Technologies..........................................................................................................120
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Acknowledgeinents
Acknowledgements
Magellan Advisors wishes to thank the City of Chula Vista for the opportunity to assist with this
important work. We would like to thank City leadership and staff for the vision, time�, and
thoughtful input they invested in providing the clevelopment of this, Plan.
MUNICIPAL AND COMMUNITY ANCHORS
City of Chula Vista I City of Chula Vista Information Technology Department I City of Chula
Vista Department of Public Works I Chula Vista Police Department I Chula Vista Law
Department I Chula Vista Community Services I Chula Vista Finance Department I Chula Vista
Fire Department I Chula Vista Human Resources Department I Chula Vista Transportation
Department I Chula Vista Development Services I Chula Vista Economic Development I Chula
Vista Office of Sustainability I Port of San Diego I Madaffer Enterprises, Inc.
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1 . Execuft"ve Suininary
1 .1 ABOu"r CHULA VISTA
The City of Chula Vista ("Chula Vista", or "the City") is the second largest city in the San Diego
metropolitan area, the seventh largest city in Southern California, and the eleventh largest city in
the state of California.The City encompasses approximately 50 square miles in southern San Diego
County with a population of approximately 274,000. Located just 7.5 miles (12.1 km) from
downtown San Diego and 7.5 miles (12.1 km) north of the Mexican border in the South Bay region
of the metropolitan area, the city is at the center of one of the richest economic and culturally
diverse zones in the United States. 'The City consists primarily of residential neighborhoods,
delineated in western and eastern Chula Vista with Interstate 805 as the demarcation line. 'The
western part is the older portion of the City,with a primarily grid type layout on mostly flat terrain.
The eastern part is primarily made of master planned communities, with rolling hills and newer
infrastructure.
Chula Vista is growing at a fast pace, with major developments taking place in the Otay Valley
near the U.S. 011ympic Elite Athlete Training Center and Oltay Lake Reservoir. Thousands of new
homes have been built in the Otay Ranch, Lomas Verdes, Rancho Del Rey, Eastlake and Otay Mesa
areas.The City, in conjunction with the Port of San Diego, is supporting the Bayfront Development,
a major mixed-use development area on the coastal west side of the City. The Millenia Project is
a mixed-use urban development project which includes upscale apartments, homes, and business
space. On 'the east side, the City is dedicating 375 acres to the University and Innovation District,
to which the City aims to recruit and collocate a unique mix of academic partners in an urban,
mixed-,use setting; the area will provide a collaborative learning and research environment for
engaging both academic and corporate entities with a focus on cross-border economic, social,
and cultural studies. In addition,the City is actively planning the revitalization of Third Avenue and
other parts of the more-developed western side of the City.
The City of Chula Vista is a charter City and operates under a Council-Manager form of
government. 'The City employs approximately 1,300 full- and part-time employees in various
disciplines including standard office environments. 'The City is considered a full-,service City with
Fire, Police, and Public Works (sewer) services.
1 .2 ABOUT THIS STUDY
The City of Chula Vista has embarked on an ambitious Smart Cities vision. The goals of the Smart
Cities vision are to:
0 Connect all City facilities, providing a secure,cost effective, redundant and flexible network
infrastructureto meet current and future data, video and voice communications needs;
Provide a network infrastructure to enable the City to control its telecommunications costs,
implement smart city initiatives and encourage economic development;
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Provide a network infrastructure which enables applications and services, and facilitates
innovation and economic development within the City, including the Bayfront, Millenia,
and University & Innovation areas;
Provide timely, accurate data to centralized locations from myriad sources including IoT
devices, mobile field units (for Police, Fire, Public Works) and other infrastructure 'to
maximize efficiency and enable timely, accurate business management decisions;
Connect citizens to City services and provide access to data which will allow citizens to be
more connected to their government. Further, the City envisions significantly reducing the
"digital divide" by providing access to the internet and City digital services to underserved
areas;
Where practical, develop Public - Private partnerships to further the Smart Cities vision.
In 2018, the City retained Magellan Advisors ("Magellan") to develop this Telecommunications
Master P�lan ("TMP")to focus on the development of a fiber and telecommunications infrastructure
'to support,the City's Smart Cities vision. Along with a plan for network infrastructure for the City,
Magellan provides advice and policies, organization assessment, and frameworks for the City to
enable its Smart Cities vision.
Magellan reviewed several existing City reports which had been previously commissioned,
including:
0 2017 Chula Vista Smart Bayfront, Energy Technologies Assessment— Black and Veatch
0 2017 Chula Vista Smart Bayfront, Communications and Smart Infrastructure — Black and
Veatch
0 2018 Smart CitiesTechnology Analysis, Recommendations for BayfrontBlack and Veatch
0 2018 Baseline Network Assessment Report (IT) NIC Partners
0 2017 Smart City Strategic Action Plan — (Maddafer)
0 2017 Traffic Signal Communications Master P�lan
0 2016 Chula Vista Fiber Optic System Assessment— Black and Veatch
Magellan conducted a two-day on-site kickoff, coordinating through Information and Technology
Services (ITS) Director Edward Chew. Many department heads were interviewed on current
situation, needs and plans. Department heads from Economic Development, Law, Finance,
Sustainability, Public Works, Traffic, and others participated.
Magellan also requested the City to provide many GIS data layers for analysis and to support
possible fiber route planning which were provided by ITS and Traffic Division and uploaded to
Magellan's GISCIoud instance for the City of Chula Vista.
1 .3 T E 11 111E::,:,C0 11M 11M U N I CAT 11 ON S 11MASTE1111 11PLAN (TIMP) SWIMMARY
In this Executive Summary, Magellan provides a synopsis of the findings and recommendations in
the Telecommunications Master Plan JMP).
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1.3.1 Core Infrastructure and LAN/MAN Opportunities
'This section details the efforts of the Information and 'Technology Services ("ITS") and 'Traffic
Control ("'Traffic") divisions on their planning initiatives to upgrade the Chula Vista networks and
fiber networks. Traffic is already upgrading some traffic signals to connect to the Traffic
Management Center JMQ via fiber, and 24 signals are currently connected in this way. The
section details the necessary attributes of a robust fiber network,defining scalability, performance,
inter-operability, reliability, multi-purpose, security and operations traits, along with statements
on required staff to support such a network. It outlines the several benefits of having a dedicated
fiber network, including improved operational and financial control, and reduced reliance on
third-party operators.
The analysis then moves to design and phased implementation of a Citywide fiber network. The
phased proposal is to construct three rings, first in the west and expanding eastward.The first ring
is implemented in three phases: first, the fiber backbone ring, second, connecting traffic signals
along the network via new fiber, and third, connecting City building sites to the fiber network for
operations. The second ring connects to the first, and is itself implemented in two phases: first,
the backbone ring, and then connecting traffic signals to new fiber. The third ring completes the
proposed network, connecting all remaining traffic signals to the network.
Table I-I Network Cons,truction Phoses
1 Req�uired Backbone Ring 1, Connecting Data Centers and Aggregation
Sites
2 Req u i red Traffic Network Connecting to Ring 1
3 Req�uired Laterals Connecting City Sites to Ring 1
4 Contingent Backbone Ring 2 and Laterals to City Sites
5 Contingent Traffic Network Connect'ing to...Ri,ng 2
6 Contin,gent Backbone R,ing...3 (Blue) and Re ma i n,i,n,g''Traffic Network
Implementation of the second and third rings are contingent on availability of complete funding
for all components of a specific phase.
Conceptually, the completed network schematic is as follows:
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'The implementation of the network is phased, creating a series of rings, which permit
communications traffic to have redundant paths back to City data centers.
'The first ring, in the western part of the City, connects the City data centers with fiber along Main
Street in the south,turning north along 4th Avenue,then east along E Street, before turning south
along 2nd Avenue. At E H Street, the ring runs east before turning south again at E Hilltop Drive,
heading east at E L Street, crossing over the 1-,805 onto 'Telegraph Canyon Road before turning
south onto Brandywine Avenue. before closing the loop back on Main Street. This ring connects
the four Priority 1 sites in a loop, permitting traffic to flow in either direction to access any City
data center. In the second and third Phases, the ring also connects 16 other City buildings and 21
traffic signals. This westside ring covers the more densely populated part of Chula Vista, bringing
fiber connectivity to most City buildings and the possibility for dark fiber leasing to commercial
providers and other entities.
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Ring 1
Figure 1-2 Ring 1 (P,ha�ses, 1-3) Westside Ring
The second ring breaks off from the first ring at E H Street, heading east to Proctor Valley Road,
turning south along Hunte Parkway until it turns west at Olympic Parkway, merging back onto E
Palomar Street where it reconnects with the first ring at Brandywine. 'This ring connects the
remaining planned 7 City buildings and 8 additional traffic signals.
Ring 2
Phase 4 Laterals
�V(
Figure 1-3 Ring 2 (Plha�ses,4-5) Northeast Ring
The third ring in the far east of the City continues south along Hunte Parkway, extending south
along 125, before heading west along the southern part of the City, where it reconnects with
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Phase 6 constructs a third physical ring connecting the southern half of the City, providing future
fiber connectivity as growth occurs. The remaining traffic signals network points would also be
transported by this ring to the aggregation sites for connectivity to the Traffic Management
Center.
For the six phases, construction costs are almost directly proportional to the lengths of proposed
fiber segments, based on Magellan's design. 'The following table summarizes core and lateral
distances by phase:
Table 7-2,Summary of Fiber Network Metri'cs, by Ring, by Ph�ose
Core/Backbone Laterals/Distribution Core+Laterals
Ring Phase L,inearfeet L,inearmiles Linearfeet Linea miles Linearfeet L,inearmiles
1 1 731 371 13.90 215,39 0.48 751P 910 14.38
1 2 0.00 112,855 21.37 112,855 21.37'
..........................................................................
1 0.010 . 35195,3 6.81 , 351P 953 6.81
2 4 701343 13.32 31,332 5.93 101,67�5 19.26
2 5 0.010 811280 15.39 811 280 15,.39
F- 9.64
3 6 32,953 6.24 17'1971 3.40 50,924
v6,667 33.46 281,930 53.40 458,597 86.86
38.52% 61.4
Magellan provides this order of magnitude estimate of design, engineering, construction, project
management, construction management, and engineering costs, along with a contingency, for
the three rings and six phases.'To,tal costs for the entire construction effort, including contingency,
are estimated at $20.03 million, as follows:
Labor and Materials: $16.51 million;
Contingency on L&M: $1.651 million (at 10%);
Design and Engineering: $573K;
Construction Management $480K over three construction waves;
Project Management: $384K over three construction waves;
Equipment and Electronics: $435K, including 20% professional services for
installation.
Table 7-3 Estimated Engineering, Construction, Management, and Equipment Costs
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Labor& 10% Design and Total Const,
Ring Phase(s) Site�s Material Contingency Engineering Des&Eng Const Mgt Pr�oje�ct Mgt Equipment Total
1(Req) 1,2,3 20 7,916,462 791,646 238,073 8,946,181 180,000 144,000 283,010 9,553,,191
2(Cont) 4,5 7 6,657,756 665,776 228,248 7,551,779 180,000 144,000 87,080 7,962,,859
..........................................................................................................................................................................
3(Cont) 6 1� 0 1,932,937 193,294 106,925 2,27333,156 1 120,000 96,000 65,310 2,514,466
Totals: 16,,507,154 1,650,715 573,,246 18,,73,1,116 480,000, 384,000 435,4001 20,030,5161
=Includes professional services for installation
(Req=Required;Cont=Contingent on Funding)
Although construction of the three backbone rings must precede the remote site and traffic
signals connecting to them, the six phases are operationally independent of each other. Each
phase can be implemented over three to twelve months, depending on the City's financing
strategy. In addition, construction of the Phase 2, 3, and 5 remote site and traffic signal
connections can be extended across multiple years if necessary, by maintaining the existing leased
telecom services during the term of construction.
Magellan recommends the following as next steps for examining the proposed fiber network:
IN Conduct Complete Engineering Design for Fiber Network.
Construct Ring 1 (Phases 1-3) of Network including all 5 Priority 1 sites and 20 City
building sites
Connect City Data Centers Along Primary Ring—including City Hall,at Civic Center Building
A, and at Public Works Aggregation site.
Centralize Network Management and Security — with ITS managing fiber network, while
permitting Police Department and Traffic to manage their own user bases and applications
running on the network.
Integrate Traffic Control Networks to New Cisco Technical Infrastructure
Collocate to Commercial Data Center for Direct Access to IP Service Providers
As currently planned, without commercialization of the network, there are no direct revenues to
the City as a result of building this network;all the benefits would be improved service, operational
cost reductions. Long-term, replacing commercial communications subscriptions currently under
contract with AT&T and Cox would save approximately $375,000 per year, resulting in a payback
period of more than four decades. With an installed fiber network, there may be second order
revenue opportunities through leasing available conduit to telecommunications companies,
utilities, and other private entities. Private companies, especially telecommunications companies,
may be interested in leasing dark fiber. 'There may also be partnership opportunities with
community anchors and business parks.
Next, Magellan addresses how the proposed network will address the core seven design principles
outlined by the City: Scalability, Performance, Interoperability, Multi-use, Reliability, Security, and
Operations.
Finally, Magellan suggests that consideration be given to issuing an RFP for alternative fiber
network solutions, instead of direct fiber network construction, as costs of construction may be
'too great.
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1.3.2 Data Center
'This section provides an assessment of whether the City's current data center offers adequate
protection for basic services and can support additional capacity for supporting the
implementation of the latest smart city technologies served by a multi-gigabit fiber and wireless
network including, VoIP, interactive kiosks, HD cameras, smart streetlight controllers, intelligent
transportation devices, sensors and many other IP enabled devices and applications. The Plan
'then enumerates a series of controls that should be implemented, with annual reviews
recommended. Each control is named; provides a statement of the control's objective; a risk
statement in the event the control is not implemented; and a value statement regarding the
control. (Detailed templates are provided in Appendix B for each of the controls. The templates
list a minimum set of data and City should define the values and processes around each.)
Recommended controls include the following:
0 Environmental Controls
0 Physical Security Controls
0 Secure Workspace Program
0 Secure Workspace Perimeter
0 Secure Workspace Access Reporting
IN Secure Workspace Compliance Inspections
IN Visitor Management
IN Business Resiliency
IN Business Impact Analysis
IN Risk Assessment
IN Business Activity Level Recovery Planning
IN Backup Media Creation and Restoration
IN Disaster Recovery, Business Continuity'Testing
IN Business Insurance
IN Infection Disease Planning
1.3.3 Telephony
'This section provides an overview of voice-,over-,IP ("VOIP") telephony, including definition of
available functions, a comparison of on-prernise vs, cloud hosted advantages and disadvantages
along with relative costs, preliminary cost estimates. From an infrastructure perspective, City has
upgraded its switches to power-over-Ethernet ("POE"), easing transition to VOIP which will require
only VOIP handsets.
As VOIP application may run either on premises at the City data center or as a service (in the
cloud), the Plan compares the two solution paths.
First, Magellan summarizes the pros and cons of the VOIP application running as a service (in the
cloud) comparing with the application running on premises. Magellan then provides a table of
comparative costs.
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Rough cost estimates for a cloud-hosted solution include:
* $10 per month per user or $15,0�O�O per month for 1,500 phones ($180,000
annually)
* Limited staffing
* Monthly SIP trunk costs
* All costs are operating expenses
Cost estimates for an on-premise solution include:
* $300,000 for new phones
* $55,000 new server, gateways, firewalls and software
* 2 FTE staff ($250,000 annually)
* Ongoing upgrades maintenance agreements - $5,0001- $7,000 annually
* 'Training
* Monthly SIP trunk costs
* All costs are likely operating expenses, including phones (due to low unit costs)
Finally, Magellan recommends that City issue a Request for Proposals ("RFP")to identify a Citywide
VOIP solution for acquisition and implementation.
1.3.14 video
This section provides an overview of video and its uses in cameras for the purposes of security
monitoring, for traffic monitoring, and ultimately planning for 5G video attachments to
streetlights. Included is a recommendation for a governance framework for federated operations
with other entities.
Specific recommended next steps include:
IN Develop phased implementation plans for new, upgraded cameras, led by ITS.
IN Coordinate camera deployment with other technology upgrades.
IN Identify network requirements for camera backhaul and signal aggregation points.
IN Establish policies for aggregating, monitoring, retrieving, storing and sharing video
content.
IN Ensure network infrastructure provides direct, wired access to cameras.
Reach out to stakeholders to establish federated video sharing agreements. Stakeholders
may include County agencies located and operating within the City, Chula Vista schools,
Cal'Trans and other mass transit entities, and large businesses.
o Stakeholders may include neighboring cities of San Diego, National City, San Diego
County, and San Diego Association of Governments (SANDAG), the regional
planning entity.
Develop systems for securely accessing video feeds and delivering video to remote users.
Include chain of custody considerations.
Develop storage, retention and archiving strategy and policy for all videos.
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1.3.5 Signage and Kiosks
'This section provides an overview of the purposes of signage and kiosks, which are essentially
computer displays that inform citizens and visitors about activities, status, traffic and pedestrian
detours,emergency situations, and other urgent or timely information. Some signage is interactive
with the use of touchscreens or other means of collecting user input. Next steps include
recommendations for analysis, to ensure appropriate use, decide on proper locations, etc.
Specific recommended next steps include:
0 Plan for motorist-targeted displays in commercial districts and densely populated areas.
0 Decide whether kiosks, should additionally be used to deliver public Wi-Fi.
0 Review funding for infrastructure that may be used to connect displays and kiosks.
0 Determine variability, criticality and level of control for each class of displays and kiosks.
0 Establish a comprehensive set of standards.
1.3.6 Sensor �Networks
This section offers a brief primer on sensor technologies, and their uses. In the Plan, sensors are
devices that convert energy (light, movement, pressure, etc.) to digital data on which decisions
may be made or actions taken. Sensors can be as simple as automated door openers, to smart
meters 'that measure utility flow (water, electricity), 'to more complex items such as traffic or
pedestrian flow and parking availability. Next steps include more detailed specifications of
priorities and service needs prior to detailed implementation planning.
Specific recommended next steps include:
0 Determine monitoring requirements based on municipal goals and departmental activities
and initiatives.
0 Develop City policies for sensors, both for operation and for valid data collection and
usage.
0 Conceptualize full build out of sensor network and derive operational requirements.
0 Prioritize build out based on strategic goals and imperatives.
1.3.7 Wii-Fi and �Municipal Wireless Systems
This section merges two proposal tasks. In it, Magellan analyzes and evaluates municipal wireless
infrastructure systems which are private and secure, and which can provide the basis for Citywide
municipal Wi-Fi, if desired. Discussions of technology standards, the differences between Wi-Fi
and mobile wireless and transitions to 5G technologies are included.There should be both secure,
authenticated Wi-,Fi for use by City employees, staff and contractors; public access Wi-Fi at City
locations, for use by the visiting general public; and long-term, possibly Citywide municipal Wi-Fi.
As of Dec 2019, City manages 120-130 Wi-Fi access points.
Specific recommended next steps include:
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Identify objectives, scope and purposes of citywide wireless network covering all City
government buildings. These could include consolidating the several Wi-,Fi networks into
a single, unified network; providing greater coverage; resolving gaps in network coverage;
supporting use of other devices, including tablets, 5G devices, digital signage, kiosks,
sensors,; support for recreation centers and parks, event spaces, and ,temporary gathering
spaces; providing ubiquitous Wi-Fi, etc.
Examine and assess possible business models to determine sources of funds for capital
investment and support of ongoing operation. This could include several options
including: public ownership and operation, public ownership with contracted operation,
public-private partnerships, or hybrid models combining traits of multiple options. Risk
assessment should be included, assessing financial, operational, and business interruption
risks.
Beyond public Wi-Fi, analyze how Wi-Fi might be used for enhanced public safety
applications,transit and transportation applications,field access for code enforcement and
inspections, congestion management, etc.
1.3.8 Operations and Maintenance Costs
This section focuses on the ITS department, its current project lists, and absolute minimal
additional staffing required to enable the ITS organization to provide support for Smart Cities
initiatives. As of 2019, ITS had thirteen (13) staff under the leadership of IT Director Ed Chew. In
addition, three (3) staff are detailed to Police Department with a dotted-,line reporting
responsibility back to Mr. Chew, to ensure consistent direction of infrastructure that is utilized
throughout the City.
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INFORMATION, AND TECHNOLOGY SERY ICES
AI'M J
A "IN11-
Figure 1-6 Information a�nd Technology Services, Orga�riiza�tio�na�l Chart
As of November 2019, there are at least twenty (20) significant projects on the ITS projects list,
many of which focus on operational improvements and security, and not strategic initiatives. The
projects list is included in this section.
Magellan recognizes that budgets are limited in Chula Vista. Magellan also realizes there are many
years of work in the above project list. However, Magellan recommends the addition of one (1)
Senior Engineer ($150-,170K) and one (1) Senior IT Specialist ($135-$1 50K) to work on project
backlog and support design of Smart City initiatives. Project Management improvements are
necessary, to increase project capacity, standardize project execution, and provide consistent
status reporting to senior management; Magellan recommends one (1) Project Manager ($140-
160K). Finally, with cyber-security concerns ever-present and increasing, Magellan recommends
creation of a Chief Information Security Officer ("CISO") role ($1 50-$175K). (All position estimates
are fully loaded, including 30% benefits.)
1.3.9 Current Environment (Suitability for Smart Cities)
'This section outlines the minimum City requirements for supporting Smart Cities initiatives. 'The
four identified necessities are:
Citywide fiber network — Must be robust enough to provide backhaul for 5G and other
smart devices strategically placed throughout the City. The fiber network may be newly
constructed or leased from commercial providers or other partners.
Policies to support data and usage — With large amounts of data being captured and
published to support Smart City initiatives, the policies required for governing data, use
and protection of data must be defined and approved.
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IN Appropriate pricing — City has many valuable assets, including streetlights and other
vertical assets. Consistent, legitimate and valid pricing must be developed to support
timely responses to licensing applications, and to monetize City assets where possible.
IN Necessary additional staffing — ITS staffing today is insufficient to support its backlog of
projects. Significant, or even several, Smart City initiatives cannot be reliably or timely
supported with current staffing and budget. Staffing augmentation contracts and
contractors may provide specific technical skills but will require additional funding.
Magellan also included a SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis of the
ITS organization. (ITS is the primary supplier of internal technology services within the City.)
1.3.10�Diata Policies
'This section identifies the considerations for five data policies: Data Privacy; Open Data; Data
Ownership; Smart Cities Readiness; and Dig Once. These are prototype policies and need to be
reviewed internally with key City departments, to flesh out details. Once in finished form (not in
scope to this report), these should proceed to reviews and approvals by City Management and, if
necessary, City Council. Each policy should be finalized and standalone. (Some identical terms are
defined in several policy examples.)
Data Privacy Policy - provides a framework for protecting personal information collected
by the City and sets the boundaries for appropriate use. In finalizing the policy, many
classes of data must be defined and each may have its own limits.
Open Data Policy - provides a framework for defining how specific data sets might be
made available to the public via a portal, a website, etc. both protecting the City while not
compromising the identity or rights of the provider or subject of the data.
Data Ownership Policy - provides a framework for proper use, storage and management
of data across all City agencies and departments. The Policy should outline expectation of
data access, availability, and management to ensure cross functional decision making
while preserving data integrity and accountability.
Smart Cities Readiness Policy - provides the framework for City to set policy to enable the
implementation and support of Smart Cities initiatives. The final policy should include the
desired outcomes, limits on possible partnerships, and set limits and permissions on the
use of data required to support the initiative.
Dig Once Policy - frames the policy over minimizing the cost, disruption, and frequency of
placement of road, utility, and other infrastructure. 'The final policy should include
considerations of joint trenching,which encourages communications between and among
City agencies and departments, and with external parties such as utilities, to ensure,
wherever possible, that conduit, and possibly fiber, are placed whenever infrastructure is
opened for work.This policy may include guidance on moratoria, and cite valid exceptions,
such as for emergency repair. (A complete Dig Once policy is included as Appendix A.)
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1.3.11 Wireless Systems Security
'This section provides guidance on securing systems which are collecting ever-,increasing amounts
of wireless clata, all of which require appropriate security and handling. These systems include
municipal and City employee applications, public safety applications, public use applications, and
wireless hotspots.
Specific analysis for security considerations and assessment of the following areas is provided:
• Outdoor Wireless Network Applications, including City applications; Public Safety
applications; and Public Use applications, which are targeted at residents, businesses, and
tourists. Outdoor wireless deployment architecture, hotspots, hot zones and roaming
considerations across multiple subnets, is discussed.
0 Fiber backhaul and other transport considerations are assessed.
• Other security considerations on next generation communications platforms, including
Wi-Fi 5, Wi-Fi 6, and the general IEEE 802.11 standard are discussed.
1.3.12 Governance
Recommendations for expansion of the IT oversight program includes broadening the scope of
program and project review to include prioritization, spending estimates, and strategic
positioning.
Recommendations on improved project management focus on establishment of project
management guidelines and the establishment of a Project Management Office ("PMO"). The
PMC)would leverage the Project Management Book of Knowledge ("PMBOK") to define processes
and templates acceptable to the City.
Finally, Magellan recommends that the policy development process be documented.
1.3.13 Valuation of �Key Assets
'This section provides a valuation analysis for 5G wireless pole attachments which may be affixed
to streetlights, and other City assets. It discusses FCCs Wireless Order, 18-133, which is currently
in effect but under appeal in Ninth Circuit Court.The analysis discusses the timeline shot-clock for
reviews and approvals of permit applications which might be submitted by wireless carriers, the
framework for aesthetic guidelines which City may require, and the fees cities may reasonably
charge for permits and annual attachment fees. FCC's safe harbor annual fee of $270 per pole per
year is discussed.
1 .4 IN CONCLUSION
The City of Chula Vista is actively planning its long-term Smart Cities vision. This
Telecommunications Master Plan, with its primary focus on creation of a citywide fiber network
and recommendations for complementary technologies, policies and processes, helps position
the City to move forward to provide new services, technologies, and applications. 'These will
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support faster growth and economic development, permitting Chula Vista to continue its growth
and increase prosperity.
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2. Core Infrastructure and LAN/M.AN
0 0
Opportunities
Magellan Advisors has combined Core Infrastructure (proposal task 1) and LAN/MAN (proposal
task 3) as both tasks are inextricably linked in their background information and current situation.
As a result, it is prudent to combine both tasks into a single set of recommendations to maintain
the continuity of the goals and narrative surrounding an integrated fiber optic network
infrastructure and to construct a single unified plan for improving and upgrading. With that, the
following section takes a comprehensive view of Chula Vista's current networks, strategic
departmental initiatives, desired integration strategy, and opportunities for operational
improvement.
2.11 BACKGROUND
The City of Chula Vista currently has three different departments managing various aspects of
enterprise information technology ("IT"), including City IT, Traffic Operations, and the Police
Department. Each department develops its IT strategy independent of the others, with a focus on
departmental application needs and operations within their respective functional areas, but each
is anticipating and expecting a common IT infrastructure on which their applications will run.
A f'iber cut could result in a City IT is located in the City Hall complex, and is
complete service outage to responsible for the overall network citywide, data and
connected bu�ildings mth the vo ice services, and internet access. City IT is also
current network arch1tecture. responsible fo r virtualization, and storage
infrastructure (except for Police which handles these
services and its own applications and other services). The network infrastructure is primarily
comprised of traditional leased telecommunication services from Cox and AT&T. Some limited
fiber is used to connect the city hall data center in Civic Center C to the following buildings:
0 Traffic Management Center in Civic Center B at 276 4th Avenue
0 Police Department at 315 4th Avenue
0 Fire Station 1 at 447 F Street
0 Civic Library at 365 F Street
0 South Library at 389 Orange Avenue
This fiber exists in point-to-point lateral routes without diverse path protection.
City IT also maintains a master purchasing contract with Dell for virtualization, support services
and storage equipment, which is leveraged by all three departments for support of their
applications. Police Department manages its own purchases separately, however, including
acquisition and maintenance of all PCs, servers, and storage.
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City IT commissioned and adopted a Network Assessment Report produced by NIC Partners in
April 2017. The report provided guidance in three critical areas:
Identified obsolete hardware, security risks, and infrastructure gaps.
Recommended specific Cisco replacement hardware and management solutions.
Described a layer 2 / layer 3 architecture to achieve a robust, integrated network.
'The NIC report did not address in detail deficiencies in, or recommendations to improve, the City's
communications infrastructure.
Traffic Engineering is also located in the City Hall complex and is responsible for the Traffic
Management Center. The traffic network includes a small data center with independent network
infrastructure connecting 305 traffic controllers serving 267 traffic signals to the 'Traffic Signal
Communications Center ("'TSCC"). Traffic Engineering completed aTraffic Signal Communications
Master Plan inJuly 2017 which documented significant infrastructure communication deficiencies
and recommended strategies to modernize their infrastructure to a fiber-based Ethernet network.
The report focused solely on the needs of the department and did not address network
infrastructure replacement from a strategic integrated asset perspective, including an underlying
IT communications infrastructure.
'The Police Department is responsible for operations of and access to Federal and California Law
EnforcementTelecommunications System ("CLETS") systems for law enforcement functions.CLETS
also provides access to Federal systems, such as the FBI's Criminal Justice Information Systems
("CJIS"). Police Department is also responsible for managing all Verizon mobile services for fleet
connectivity 'to the network. They maintain the department-specific applications 'that support
these functions in conjunction with IT staff that are permanently located within the main police
headquarters building.
2.2 CURRENT SITUATION
City IT is currently in the process of implementing recommendations from the NIC Partners report,
and in fact have made significant headway in their remediation and improvement efforts. The
recommendations included replacing obsolete equipment, implementing power-over-Ethernet
("POE") switches for a future VoIP conversion, enhancing the Layer 2/3 architecture for improved
performance and reliability, and standardizing on Cisco's Digital Network Architecture ("DNA") ,to
incorporate software defined networking ("SDN") capabilities and provide centralized, integrated
management and security of all Chula Vista networks. To build on the previous assessment work
and remediation and improvement efforts of City IT, this Telecom mu n ications, Master Plan
assumes certain aspects and recommendations of the NIC Partners report. City IT is deploying a
modified version of the NIC report's hardware bill of materials ("BoM") (an enumeration of all
planned equipment) and network architecture, so limited documentation of the new network was
available for use in this TMP. Therefore,the assumptions made in the following recommendations
may differ somewhat fromthe actual hardware and architecture deployed.
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'Traffic Engineering is currently working to construct a fiber network connecting traffic controllers
along major roads and replace/upgrade equipment in sections of its operational system per the
TSCMP. This TMP assumes certain aspects and recommendations of that plan in order to build on
the previous assessment work and recommendations. Currently, only 24 of the 267 traffic signals
are connected to fiber facilities. The remaining traffic signals are connected by cellular/wireless
infrastructure, or by aging copper twisted wire pair ("TWP") or are off-line entirely. The leased
copper infrastructure includes 91 plain old telephone service ("P�OTS") and copper circuits costing
approximately $75,000 annually. Section 4 of the TSCIVIP recommended the future traffic network
infrastructure be converted to fiber as much as possible, using standard IP�/Ethernet technologies
for signal control, appropriate surveillance, and 'to support 'the Internet of 'Things ("I&T"). In
addition, the TSCIVIP recommended establishing a second TMSS/TMC for service redundancy
and/or disaster recovery which would require protected connectivity to the primary Traffic
Management Center ("TIVIC"). Table 2-1 (below) of this report details the types and quantities of
infrastructure and communication deficiencies observed in the assessment.
Table 2-7 Traffic Signal Communications Infrastructure and Deficiencies Summary from TMP
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'The individual assessment reports are excellent resources in 'their context, and the department
managers strive to coordinate on projects as much as possible. However, the lack of an integrated
network infrastructure with centralized management and security naturally limits the degree to
which technology can be effectively leveraged and limited capital can be optimized for multi-
department IT operations. Duplicated effort and cost are unavoidable in non-integrated IT
environments, resulting in adverse effects on network scalability, performance, interoperability,
multi-use facilities, reliability, security, and operations in several ways.
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A network's scalability is the property of being easily expanded or upgraded on demand to meet
the changing requirements of applications, technology, and growth. The current network
depends on services from Cox and AT&T, which severely limits scalability of service types and
bandwidths to what is offered by these third-party incumbents. In addition, City IT and Traffic
Engineering operate separate data networks for application and traffic signal control, thereby
limiting scalability of network connectivity, maintenance, security, and management. A single
citywide fiber network, managed by ITS and appropriately secured with firewalls and anti-virus
and -malware infrastructure, would ensure the integrity of operation for the network, while not
constraining the flexibility required for the Police Department and Traffic to implement their own
applications.Virtual private networks between internal groups and external entities, can simply be
'transported over the City's fiber network.
A network's performance is a measurement of its ability to make information available in the form,
timeliness, and accuracy dictated by its design and required by its end users. Objective
performance can be measured using element managers such as Cisco's Evolved Programmable
Network Manager ("EPNM") and third-party tools such as Wireshark and Metageek Chanalyzer.
Subjective performance is typically determined by its end users and is a perception of the
network's ability 'to meet 'their IT-,related needs in real time. End-to-end performance
management of the City's networks is currently constrained by factors such as obsolete telecom
services, variation in circuit types, differences in hardware and software configuration, and the
types of end point devices.
A network's interoperability defines the extent to which it can connect to, function with, and
manage/be managed by separate networks and equipment. The City's separate networks are not
presently connected or configured in a way that allows City IT to manage and monitor the
infrastructure as a single integrated system. In addition, City ITS should arrange for additional
service contracts to either provide security training for existing and additional staff, or secure
security services from a third-party provider. Software-defined networks product provides a fabric
for software-defined networks, including the framework of properly security all high-end
telecommunications equipment, offered by Cisco, among others. Cisco Advanced Services
provides these configuration services.
Multi-use facilities refer to a network's capability to leverage common assets for operations and
maintenance. While the City has been working toward consolidating data centers, virtualization,
and storage infrastructure, its core infrastructure can be improved. For example, by defining virtual
private networks, Police could connect to CLETS to permit secure, reliable connections 'to
mandated services in support of public safety, while still providing City with a central fiber
infrastructure and ITS-supported management. In addition, upgrades to firewalls are likely
req u i red
Reliability refers to the dependability of a system to be available for use when required. The
reliability of a network is determined by its architecture, equipment configurations, and
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operational practices. While the City's leased network services are generally reliable, City IT has
indicated the existing fiber connecting critical facilities is not redundant, and therefore unable to
survive a cut or optical interface failure. In addition, the older analog //plain old telephone servicell
lines and wireless technologies used in Traffic Engineering's infrastructure are not as reliable as
the new fiber and Ethernet infrastructure platform to which they are migrating.
Security of a network infrastructure is critical physically, logically, and operationally. The physical
location of hardware and telecommunications facilities can compromise the integrity of
components through either intentional or unintentional means. The logical configuration of
hardware, servers, and firewall systems can compromise the integrity of their operations through
both user error and malicious third parties. The operational practices of an organization can
compromise the best physical and logical security through negligence or deceit. Security
management, when distributed across departments on an integrated infrastructure, can result in
unintended access and control gaps through configuration and/or operational mismatches. The
City holds network security in high regard as evidenced by its efforts to upgrade and replace
network infrastructure and equipment.
The operations of a network involve the day to day functions of staff and contractors to maintain
the network's usability, performance, reliability, security, and regulatory/legal compliance.
Sufficient staff and skillsets are required to maintain an acceptable level of operational
performance. City IT currently maintains a staff of ten (10), including six (6) within the IT
department, three (3) within the Police Department, and an IT department director. These staffing
numbers are insufficient to support the planned technology upgrade plan proposed in this TIVIP,
and are insufficient for supporting demand for enhancements 'to today's operations. Due to
excessive demands on ITS staff, execution plans for new strategic initiatives such as Smart Cities,
there is insufficient time for comprehensive planning for these efforts. Staffing will be further
addressed in Operations and Maintenance Costs, Section 9 of this P�lan.
2.3 S 111 T 111E C 1111 A S S 111 IF 111 C A T 1110 IN
The City should invest capital dollars to
�dw all:
u a er networ an u get annua y
'to operate it, 'thereby permanently
11 1A eliminating the recurring costs associated
with procuring leased network services.
The City would own the critical digital
infrastructure required to comprehensively
serve its IT needs for the foreseeable future.Additionally, the City will be able to scale the network
to support future initiatives such as the Smart Bayfront project and Smart City applications as part
of Strategic Action Plan at incremental capital costs, versus endlessly increasing operating costs
by growing monthly recurring leased services. A fiber network will also improve the City's public
safety standing in several ways:
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Shifts financial and operational control of the network infrastructure to the City
Reduces reliance on third-,party operators
Hardens critical infrastructure by providing a single secure and managed fiber
infrastructure
In addition, the proposed phased fiber construction fully supports the objectives set forth in
Sections 1.5, 4, and 5.5 of the Chula Vista Traffic Signal Communications Master Plan.
The network should be constructed in six (6) largely independent phases, consisting of three
backbone rings, City sites, and traffic control systems. Of the six phases, the first three are the
most crucial to accomplishing the goals set forth by Chula Vista for this project and the
recommendations made in this Plan. 'Table 2-,2, below, displays each of these six phases.
Table 2-2 Network Constructior) Ph�oses
111111�pp 1�..11,
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1 Req�uired Backbone Ring 1, Connecting Data Centers and Aggregation
Sites
2 Req u i red Traffic Network Connecting to Ring 1
3 Req�uired Laterals Connecting City Sites to Ring 1
4 Contingent Backbone Ring 2 and Laterals to City Sites
5 Contingent Traffic Network Connecting to Ring 2
6 Contingent Backbone Ring 3 (Blue) and Remai ni ng, 'Traffic Network
Implementation of the second and third rings are contingent on availability of complete funding
for a phase.
Phase 1 creates a physical ring consisting of 288-count fiber diversely routed to connect City IT,
the Police Department headquarters,Traffic Management Center, and Public Works. This physical
ring connects to core switches at each site to provide both protected high-speed transport among
the data centers and remote site aggregation for end user access to the applications and storage.
In addition to remote City sites, the ring also aggregates 'the 'traffic control networks, surveillance
systems, and future Smart City components.
Phase 2 follows the Traffic Signal Communications Master Plan to construct fiber for the traffic
networks in downtown Chula Vista. The traffic networks could be deployed in physical rings or
daisy chained configurations depending on available equipment budget and fiber topology. Each
group of signal controllers terminates to the aggregation switches on the transport ring for
connectivity to the primary Traffic Management Center.
Phase 3 constructs fiber to connect sixteen (16) ofthe twenty-seven (27) City sites, including Civic
Center C, using 24-count laterals from each site to the aggregation switches on thetransport ring.
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'This would migrate most City sites to City-owned fiber and allow the disconnection of monthly
recurring leased services to those sites. (For purposes of analysis, Magellan mapped 42 parks and
recreation centers, and 42 communications towers. For budget minimization. Magellan is not
recommending connecting all parks.)
Phase 4 constructs a second physical fiber ring connecting sites and traffic networks in the
northern half of the City. 'This ring would be used to aggregate city sites and traffic networks to
the primary ring for termination into one or more of the aggregation sites. In addition, 24-count
laterals would be constructed to the remaining seven remote City sites.
Phase 5 constructsthe networks serving the northern traffic signals and terminates 'them 'to the
aggregation sites on the primary ring for connectivity to the Traffic Management Center.
Phase 6 constructs a third physical ring connecting the southern half of the City, providing future
fiber connectivity as growth occurs. The remaining traffic networks would also be transported by
this ring to the aggregation sites for connectivity to the Traffic Management Center.
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Figure 2-1 Chula Vista Conceptual Network Architecture
The fiber engineering will be designed to distribute termination of all remote endpoints across
three aggregation sites located in the City Hall complex, the Police Station, and the Public Works
facility. The remote sites and traffic networks will be migrated off their existing managed services
to the new fiber network over the course of each construction phase. Existing customer premise
equipment ("CPE") will be re-,used by replacing copper network interfaces with small form-factor
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pluggable optics where possible, with site cutover coordinated during phases 3 and 4. Non-,fiber
capable signal control equipment that is targeted for replacement would be procured and
coordinated for replacement during phases 2, 5, and 6. City IT staff will coordinate the cutover of
the sites with each department's local staff. City IT will need to work with NIC Partners to assess
their existing edge switch network interface types and identify changes required to accommodate
single mode fiber connections.
A substantial benefit of constructing a ring-based fiber infrastructure is improving the reliability
of the City's network. Once connected to the ring, there would be two pathsto internet points of
presence, traversing in either direction. There is still the risk of service loss in the event of a cable
cut into the building Currently, the City data centers, remote sites, and signal control networks are
connected on unprotected leased circuits and fiber laterals. Today, in the event of a cable cut or
equipment failure, the affected site(s) will experience a complete service outage until the failure
is corrected. Such an outage at one of the data centers would result in extended outages for
multiple remote City sites or signal controllers terminating in it. This would likely result in material
impacts to City operations, and to Chula Vista citizens if critical applications are affected.
To mitigate this possibility, in consultation with Magellan, City staff has assigned a priority of 1, 2,
or 3 to each City site reflecting the impact of its outage on staff and citizens. Priority 1 (//pill) sites
will serve as transport nodes and/or aggregation points for remote City sites with fully diverse
fiber routes and redundant equipment. P2 sites will be connected to the network using two
diversely routed data services to separate P1 aggregation sites, providing redundancy; P�2 sites
will be configured to failover to the backup connection should a fiber cut or if equipment failure
occurs. P3 sites will be connected to the network using a single data service to a single designated
P1 aggregation site. In the event of a fiber cut or other disruption, traffic will be rerouted on the
remaining path from any P1 site, ensuring continuity of service.
City sites proposed to be connected, their priority and planned implementation phase can be
found in Table 2-3, below. (City Park and Recreation sites are not planned to be connected, due
to cost considerations.)
Table 2-3 City Sites Considered for Connection, with Lateral Priority
Site Name Street Address Priority Phase
Public Works (Data Center) 1800 Maxwell Rd I I
Civic Center Bldg A (City Hall Data Center) 276 4th Avenue I I
Police Department (Data Center) 3�1S 4th Avenue I I
Civic Center Bldg B (Traffic Mgmt Center) 276 4th Avenue I I
Civic Center Bldg C 276 4th Avenue 1 3,
Civic Library 3�6S F Street 2 3
South Library 3,89, Orange Avenue 2 3
Animal Control 130 Beyer Way 3, 3
Boys and Girls Club of'Chula Vista 1301 Oleander Av 3 J 3
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Fire Station #3 1410 Brandywine Ave 3 3
Fire Station #9 266 E Oneida St 3 3
Chula Vista Women's Club 357 G Street 3 3
Fire Station #5 391 Oxford Street 3 3
Bonita Public,Safety Center 4180 Bonita Rd 3 3
South Bay Community Services 430 F St 3 3
Fire Station #1 447 F St 3 3
Chula Vista Community Youth Center 465 L St 3 3
Chula Vista Harbor 5SO Marina Pw 3 3
Visitor Information Center 7SO E Street 3 3
Fire Station #2 80 East J St 3 3
Fire Station #8 1180 Woods Dr 3 4
Fire Station #7 1640 Santa Venetia St 3 4
Otay Ranch Community Storefront 2015 Birch Rd 31 4
Olympic Training Center 2800 Olympic Rkwy 3 4
Fire Station #6 60S Mount Miguel Rd 3 4
Fire Station #10(Future) 610 Bay Blvd 3 4
Fire Station #4 8SO Paseo Ranchero 3 4
Chula Vista Community Park 1060 Eastlake Pkwy 3 N/A
Breezewood Park 10911 Breezewood Drive 3, N/A
Voyager Park 1178 E J Street 3 N/A
Greg Rogers Park 1189 Oleander Av 3 N/A
Independence Park 1248 Calle Santiago 3 N/A
Rancho Del Rey Park 1311 Buena Vista Way 3 N/A
Palomar Park 1359 Park Drive 3 N/A
Santa Cora Park 1365 Santa Cora 3 N/A
Heritage Park& Recreation Center 1381 E Palomar Street 3 N/A
sunset View Park 139�O S Greensview Drive 3 N/A
Loma Verde Aquatic, Park& Rec,. Center 1420 Loma Ln 3 N/A
SDG&E Park 1450 Hilltop Drive 3 N/A
orange Park 1475 Fourth Ave 3 N/A
Mountain Hawk Park 1475 Lake Crest Drive 3 N/A
Los Ninos Park 150 Teal Street 3 N/A
Santa Venetia Park 1500 Magdalena Ave 3 N/A
Rienstra Sports Complex 1500 Max Ave 3 N/A
Montecito Park 1501 Santa Diana Road 3 N/A
Harvest Park 1550 E Palomar Street 3 N/A
Connoley Park 1559 Connoley Ave 3 N/A
Otay Park 1613 Albany Ave 3 N/A
Windingwalk Park 1675 Exploration Falls Drive 3 N/A
Tiffany Park 1713, Elmhurst Ave 3 N/A
Bonita Long Canyon Park 1745 Coltridge Lane 3 N/A
Cottonwood Park 1778 E Palomar Street 3, N/A
All Seasons Park 1825 Magdalena Avenue 3 N/A
Stylus Park 2025 Stylus Street 3 N/A
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Mount San Miguel Park 2335 Paseo Veracruz 3 N/A
Norman Park/Senior Center 270 F St 3 N/A
Salt Creek Park& Recreation Center 2710 Otay Lakes Rd 3 N/A
Eucalyptus Park Ball/Sports Fields 276 4th Av&C Street 3 N/A
MacKenzie creek Park 2775 Mackenzie Creek Rd 3 N/A
Lauderbac,h Park 333 Oxford Street 3 N/A
Otay Recreation Center 3554 Main Street 3 N/A
memorial Bowl/ Park 373 Park Way 3 N/A
Parkway Aquatic/Community Center 3,73 Park Way 3 N/A
Holiday Estates I & 11 Park 3,83 Connoley Circle 3 N/A
Gayle L. McCandliss Park 41S E J Street 3 N/A
Terra Nova Park 4SO Hidden Vista Drive 3 N/A
Rohr Park 4S48 Sweetwater Road 3 N/A
Friendship Park 4th Av& F Street 3 N/A
Sunbow Park 500 E Naples Street 3 N/A
Valle Lindo Park 54S Sequoia Drive 3, N/A
Harborside Park 670 Oxford Street 3 N/A
Sherwood Park 69,Sherwood Street 3 N/A
Discovery Park 700 Buena Vista Way 3 N/A
Lancerlot Park 7SO K Street 3 N/A
Paseo Del Rey Park 7SO Paseo Del Rey 3 N/A
Hilltop Park 780 Hilltop Drive 3, N/A
Veterans Park& Recreation Center 78S E Palomar Street 3 N/A
J St Marina Bayside Park 800 Marina Rkwy 3 N/A
Montevalle Park& Recreation Ctr. 840 Duncan Ranch Rd 3 N/A
Marisol Park 916 Rancho Del Rey Pkwy 3 N/A
Sunridge Park 952 Beechglen 3 N/A
Horizon Park 970 E Palomar Street 3 N/A
Bay Boulevard Pa rk F Street& Bay Blvd. 3 N/A
Explorer Park Rancho Del Rey Pkwy& Norella St 3 N/A
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Priority 1 (Pl) sites are considered primary
iss,
network nodes and will be designed for
maximum redundancy in both fiber cable
4IDG ibps twww t"s,uvkrs
connectivity and network equipment
functionality. 'These sites typically sit directly
on 'the backbone fiber ring and contain
IV
16*11 W.144
M 0 termination capacity fo r high-count
00
drill backbone fibers and fiber distribution panels
to allow both ring and lateral connections to
"Y1
network equipment. P1 sites consist of
primary data centers, network aggregation
points, collocation sites, and other high-value
and/or highly available locations.
Figure 2-2 P1 Site Network Nodes
Priority 2 (P2) sites a re considered
IF1115,1111
redundant network sites and will be
designed with two diversely routed lateral
44,1C bpts MKS,
connections 'to separate P1 node sites to
prevent a single point of failure with a cable
cut or network hardware failure. In the event 0 /W/ 111101 ROM
of such a failure, network protocols will fail r/10
too
traffic to the surviving link so that
application and Internet service is
maintained at the site. P2 sites consist of
40C tT,10, LOAS,
secondary data centers, critical service sites
..0"P
and other locations deemed by City as
critical to service and network uptime. IZ/10
Figure 2-3, P2 Site Network Nodes
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Priority 3 (P3) sites a re
�V/1111/1 considered non-critical t o
service and network uptime.
elg,�A,
ON
They are designed with a
4,ox,,bps,MK,55,fUrt./k's
single fiber lateral cable
Till feeding a single pair of
114,
Af, backbone fibers connecting
the site to a single P1
NROSE Y
fill
aggregation site. In this
configuration, a fiber cut or
electronics failure at any point
A
4OG bP6 W L S LAN'I'S
�7'77", between the aggregation site
and the P3 site would isolate
the P3 site, leaving service to
the site temporarily
Figure 2-4 P'3 Site Network Nodes unavailable.
2.4 CONSTRUCTION PHASING
The Chula Vista backbone network will traverse 33 miles of City roadway infrastructure and
conduit routes, passing City-owned buildings,traffic control systems,areas of future development,
third-party networks, and other locations strategic 'to the City. In addition, the backbone cable
may contain feeder and distribution cable for extension of network services from the nearest
equipment point-of-,presence ("POP") to network access points for the �tie-,in of connecting sites.
Backbone cables will be sized in multiples of 144 fibers. The planned backbone will incorporate
enough fiber capacity to meet the City's site-to-site connectivity needs, traffic signal and video
monitoring system connectivity, future Smart City initiatives, as well as capacity to lease dark fiber
if the City so chooses.
Lateral segments will cover 54 miles of access routesto connect twenty-seven (27) City-owned
sites to the backbone fiber. Seven (7) sites, including the three data centers and a network
aggregation site, will be connected by two diversely routed laterals with separate building
entrances to prevent a single point of failure with a fiber cut. The remaining twenty (20) City-
owned sites will be connected by a single lateral. Laterals are typically 24 fiber cables extending
from a backbone splice enclosure into the building premise, terminating in a telecom equipment
room for network service hand-,off.
'Table 2-4 (below) presents several relevant summary statistics of the proposed fiber network:
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Table 2'-4 Phasing Summary— Conceptual Network
Phas'I'ng ,summary - City�of Chula Vista Comeptual Netwmk
Laterals, Ba&�bone
Engineering,
Phase Sites Lateral Engineering, Labor, Labor, and
Connected Footage and Materials Cost Backbone Footage Materials Cost
4 21539 $1 23r970 731371 $2,935r995
2 11 2f855 $3f792,037
3 16 35,953 $1 r 34 513 5 7
4 7 31,332 $1 rl 33,469 701343 $21808r433
5 811280 $2f944,547
6 171971 $655f528 3 219 5�3 $1 1341 f064
'Totals 27 281x930 $919940,908 176x667 $70,0851492
(Totals may be off slightly due to rounding.)
'The estimated costs above are order of magnitude costs, and include all construction labor,
material,engineering, and permitting.They do not, however, include any contingency, permit fees,
project management, or construction management. Estimated costs for project and construction
management will depend on the length in months of each phase.
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Phase 1 — Ba&bone Ring 1 Connec,ting Data Centers and Agg�regafion Sftes
Phase 1 includes 13.9 route miles of fiber consisting of the primary backbone fiber ring and
connection of four sites, including City IT, Police Headquarters, Traffic Management Center, and
Public Works. All four buildings are designated as P1 sites.
Figure 2-5 Phase 1 Route Map
Table 2'-5 Ph�ase I Buddout Cost
Description Ft Labor Material Cost/ft Total
Backbone -All New duct, handholes& cablir 73,371 $2)364)219 $4807062 $38.77 $21,8441,2811
Description Ft Labor Material Cost/ft Total
Laterals to IT Data Centers sites on Core Rii 21539 $997906 $207890 $47.58 $120,796
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Phase 2 —Traffic Networ�k Connecti�ng �to Wrig 1
Phase 2 includes 21.4 route miles and connections to twenty-,one (21) adjacent and nearby traffic
signals.
JA
Figure 2-6 Phase 2 Route Map
Table 2,-6 Ph�ase 2, BLfildoLit Cost
Phase 2 - Core Ring Signals
Description Ft Labor Material Cost/ft Total
Laterals to Signals on the Core Ring 112)855 $3449766 $2017202 $34.95 $31,6501,968
'Traffic Engineering currently has 288-count fiber installed along Fourth Avenue, and 144-count
fiber along three (3) other routes. 'This existing fiber may be re-,configured to offset some of the
proposed construction for Phases 1 through 3. The affected footage is unknown and this data
must be collected. This data collection effort will require OTDR tracing or other documentation
unavailable for this report.
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Table 2'-7 Ph�ase 2,Routes
Route Street End Points
1 Fourth Avenue Brisbane St�'. to Main St�'.
2 Main Street Fourth to Broadway
1 3 Davidson Street Fourth Ave to Guava Ave
4 H Street Hidden Vista Dr to Fourth Ave
Phase 3 — Laterals Connecting City Sites to Ring 1
Phase 3 includes 6.8 route miles of fiber connecting sixteen (16) City sites including the Civic
Library, the South Library, and five fire stations.
FigUre 2-7 Phase 3 Route Map
Table 2,-8 Ph�ase 3 Buildout Cost
Description Ft Labor Material Cost/ft Total
Laterals to key City Sites on Core Ring 35,953 $1512954,94, $170,922 $36.17 $11,30,01,416
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Phase 5 —Traffic Network Connecti�ng to Wrig 2
Phase 5 includes 15.4 route miles of fiber consisting of the traffic signals connected to the northern
fiber ring.
i I III", Nwi(I IIIII,;
FigUre 2-9 Phase 5 Route Map
I 1 111110 1 111111111111 11111111111111
Table 2'-70 Phase 5 Buddout Cost
Description F It Labor Material CosVft Total
Laterals to Signals on Ring 2 815280 $254865062 $356,885 $34.98 $21,8421,947
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Phase 6— Ba&bo�ne Wng� 3 (Biue) aM Rema[ning� Traffic Networ�k
Phase 6 includes 9.7 route miles of fiber consisting of the southern fiber backbone ring and
connectionsto traffic signals.
FigUre 2-10 Pliase 6 ROUte Map
Table 2'-7 1 Phase 6 Buddout Costs
`�"Ifllitilllli wli'�,iijj iiii NNE
Description Ft Labor Material Cost/ft Total
Backbone -All New duct, handholes& cablir 32,953 $1)075)578 $2247295 $39.45 $1172997873
Description Ft Labor Material Cost/ft Total
Lateral to Signals on Ring 3 17,971 $5527790 $807274 $35.23 $633yO65
Phase 6 backbone can be deferred until further development of the southeastern quadrant of the
City takes place, as there is no immediate driver to construct 'this route otherwise. 'The Phase 6
signal control laterals can be moved to Phase 5 if necessary, 'to compete the 'traffic network
conversion.
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Action lte�rn 1: Conduct Engineering Design for the Fiber Network
'The City should proceed with an engineering design of the conceptual network 'to use as a
roadmap for all future fiber construction.This design will provide a big picture roadmap for capital
investment in outside plant infrastructure that will ensure a cohesive network, whether
constructed in parts to support individual departmental requirements or as a comprehensive
strategic project, to serve Chula Vista's IT needs
OW
t#40: oil
*10 for the foreseeable future. Engineering design of
all six phases for the complete system is
estimated to be $573,246. As an alternative, The
City could conduct an engineering design for
Phases 1 through 3 of the network which would include the primary backbone ring and the
majority of the City sites and traffic signal controllers connecting to it. 'This incremental approach
would provide the roadmap for near-term fiber construction while giving the City time to conduct
a financial comparison of constructing the entire network to maintaining leased data services for
the foreseeable future. Engineering design for phases 1 through 3 is estimated to be $220,834.
While the estimates given are reliable budgetary numbers, actual engineering costs will be
dependent on field surveys and permitting requirements.
Action lte�rn 2: Construct Phases 1 through 3 of the Netwoil*
Chula Vista should plan to pursue a phased, strategic telecommunications and network
infrastructure by investing capital to construct an underground conduit and fiber-optic plant 'to
serve the long-term IT needs of the City. The City would invest in capital assets over a period of
six (6) phases to construct three 288-fiber backbone rings connecting 27 City sites and 286 traffic
signals to a common fiber physical plant. Funding could be made available through annual capital
improvement programs or through a bond issue.
Table 2-72' Estimated Engineering, Construction,, Management, and Equipment Costs
Labor& 10% Design and Total Const,
Ring Phase(s) Sites Material Contingency Engineering Des&Eng Const Mgt Project Mgt Equipment Total
1(Req) 1,2,3 20 7,916,462 791,646 238,073 8,946,181 180,000 144,000 283,010 9,553,,191
2(Cont) 4,5 7 6,657,756 665,776 228,248 7,551,779 180,000 144,000 87,080 7,962,,859
..........................................................................................................................................................................
3(Cont) 6 1� 0 1,932,937 193,294 106,925 2,27333,156 1 120,000 96,000 65,310 2,514,466
Totals: 16,,507,154 1,650,715 573,,246 18,,73,1,116 480,000, 384,000 435,4001 20,030,5161
=Includes professional services for installation
(Req=Required;Cont=Contingent on Funding)
Although construction of the three backbone rings must precede 'the remote site and traffic
signals connecting to them, the six phases are operationally independent of each other. Each
phase can be implemented over three to twelve months, depending on the City's financing
strategy. In addition, construction of the Phase 2, 3, and 5 remote site and traffic signal
connections can be extended across multiple years if necessary, by maintaining the existing leased
�telecom services during the term of construction.
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'The operational savings through disconnection of Cox and AT&T leased services will reduce the
City's monthly recurring costs over the course of the project. Detailed leased service inventories
and monthly recurring costs were unavailable for use in estimating total savings per phase but
should be considered when developing a capital plan for the construction. More important, the
City should also consider creating financial pro-forma showing the 20-year return on investment
CROI") of a construction project relative to the continued purchase of leased services for current
and future digital infrastructure needs.
In addition, Media 3 is a regional network service provider with fiber assets in Chula Vista. 'They
have recently offered to make their fiber available to the City, presumably through fiber sharing
opportunities. The City should work with Media 3 to identify fiber assets overlapping the
conceptual routes presented in this Plan and consider using their dark fiber as an offset to 'the
'total cost of construction or for strategic connectivity of sites to improve overall network resiliency.
Construction and project management costs will be based on the length of time taken for each
phase, which would be decided during the fiber engineering design engagement. Network
equipment costs will consist of three components, including existing core/edge modifications,
remaining traffic controller replacements, and additional required software licensing. Core/edge
modifications will consist of adding line cards and optical interfaces to the replacement hardware
for creation of the transport ring and aggregation of connections for remote city sites and traffic
networks. 'Traffic controller replacement equipment will consist of hardened DNA-manageable
switches connected in ring and/or bus topologies to the modified edge equipment, and edge
switches to connect the TIVIC to the transport ring. Existing traffic networks on copper and wireless
infrastructure will also require switch equipment to bridge their legacy networks into the new fiber
infrastructure until they can be converted. Software licensing costs will consist of any upgrades to
Cisco IOS technology packages required to configure the MPILS transport ring and additional DNA
licensing for traffic network devices. These configurations and costs must be developed in
conjunction with Traffic's design consultant by discussing the proposed network architecture and
identifying the bill of materials necessary to implement it for each phase.
Following this strategy, the City should begin construction of Core Ring 1 (Phases 1 through 3) of
'the network at completion of the engineering design and development of financial pro-forma
demonstrating the 20-year ROI from constructing the entire network. This includes the primary
backbone ring and all City sites and traffic signal controllers connecting to it. This incremental
approach will provide the foundation of the City's integrated infrastructure to support near-term
improvementsto network reliability and traffic system upgrades while considering the timing and
funding for the remaining 3 phases. Construction of Phases 1 through 3 is estimated to be $8.01
million in labor and materials, including design and engineering, and 10% contingency. Project
and construction management costs consist of:
Permit fees - determined during the engineering design
Project management - $12,000 per month
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Construction management - $15,000 per month
Contingency - percentage of estimated costs to account for unknowns (at 10%)
'These additional estimated costs will be determined during the engineering design to provide a
complete picture of the total capital investment required. Equipment costs for Phase 1 through 3
should be developed through design discussions with City of Chula Vista IT, NIC Partners and
Cisco.
Action llte�rn 3: Connect Data Centers and Aggregation Sites to Primary Transport Ring
The City will utilize the fiber backbone to establish four transport sites located at City IT in Civic
Center A, the Traffic Center in Civic Center B, the Police Department HQ, and the Public Works
facility. Core switches will be used to deploy a 40Gbps physical ring using meshed MPI-Stransport
links with 50ms recovery in the event of a fiber cut or component failure. This will provide reliable
fault tolerance in the event of a fiber cut or optical interface failure, and scalable bandwidth on
demand by allowing the use of LACP with 802.3ad LAG groups to turn-up additional 40 Gbps links
as application and storage needs grow.
Each transport site should also contain one or more Cisco Catalyst 9300 edge switches in order to
aggregate connections from remote City sites, traffic signal networks, video surveillance systems,
and data center switches. Virtual Routing and Forwarding ("VRF") instances will be used to create
separate networks for City IT applications, traffic control, video surveillance, Internet access, and
network management. Open Shortest Path First ("OSPF")will be used for internal routing and BGP
with default routes would be used for routing to the City's Internet providers.
The Cisco Catalyst core and edge switches located at each transport site may require the addition
of line cards and/or SFP/SFP+/QSFP opticsto accommodate high speed transport circuits and/or
aggregate the remote City sites connected to each of them. The MPLS circuits created between
the sites will maintain full mesh 'transport connectivity between their core switches for compute
and storage redundancy, rernediating the existing single points of failure and significantly
increasing network reliability. The specific Cisco modifications and hardware requirements will be
developed and managed in conjunction with NIC Partners and are beyond the scope of this report.
Action llte�rn 4: Centrafize Networ�k Management and Security
City IT has deployed new Cisco equipment supporting their Digital Network Architecture platform.
This platform supports software defined networking for intent-based service provisioning, service
assurance using artificial intelligence ("Al") analytics, and comprehensive threat mitigation to
augment appliance-,based firewalls. This advanced functionality requires an integrated network
comprised of hardware supporting the DNA architecture. A common fiber infrastructure with
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integrated transport and access networks will allow the full capabilities of Cisco DNA to be realized
in the following ways:
A. Enhanced Network Security
Consolidating security management onto the DNA platform will allow a single view into all Chula
Vista networks at key locations, devices, users, and threats in real time. Policies can be established
to automatically identify threats, issue multi-department alerts, and segment the network in the
event of a cyber-attack.
B. Simplified Change Management
Change management is one of the leading causes of network outages, as recently demonstrated
by Google engineering on June 2, 2019. A single mis-,applied configuration resulted in nearly five
hours of significant performance degradation and outages to their entire application suite and
tenants of their Compute Engine cloud service. Cisco I s Software-Defined Access (SD-Access) will
allow change management to be conducted through user policies and GUI-based hardware and
configuration abstraction, mitigating the need to perform individual element provisioning and
command line changes. Use of SD-,Access will result in improved network reliability; however,
there may still be dependencies on vendors unless significant additional hiring and training is
completed.
C. Efficient Capital and Reso�urce Utilization
Software-defined networks will support multi-domain security and provisioning requirements for
all of Chula Vista's departmental IT requirements, thereby preventing duplication of network
capital and staffing resources within multiple departments. 'This will in turn reduce the effort
required to deploy network changes and troubleshoot problems. This will allow City IT, Traffic
Engineering, and the Police Department to independently manage their unique departmental
applications even while they operate on a single integrated network infrastructure.
Action llte�rn 5,: Integrate Existing Traffic Controi Networ�ks into the New DNA Infrastructure
To realize the benefits of an integrated fiber infrastructure managed by Cisco DNA as described
above, Traffic Engineering must work with City IT and NICP to integrate future and existing signal
control networks into the new architecture. Future signal network conversions should specify
appropriate DNA-compatible Cisco switch hardware for signal control cabinets with single mode
fiber interfaces. Traffic staff will continue to coordinate with City IT, and other software and
hardware partners to define equipment standards, deploy new network hardware, and
plan/perform conversions of signal control facilities to Ethernet over fiber.
For the existing twenty-five (25) fiber-based signals,the engineering design recommended above
should re-configure the 288-count fiber to terminate in one of the network aggregation points
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and make appropriate fiber assignments fortransport rings and laterals. Production traffic control
services should then be migrated to the new configuration through coordinated planning with
City IT and NIC Partners.
All new fiber-based signal networks will be constructed per the engineering design with signal
control switches configured to communicate within the defined layer 2/3 architecture at
implementation.
Action Item 6: Collocate in a Commercial Data Center for Direct Access to IP Se�rviice
Providers
The City should explore leasing dark fiber from the San Diego fiber routes to one or more
commercial data centers located in San Diego to obtain direct access to collocated internet service
providers, Microsoft Azure Express Route providers, and other potential next-generation
telecommunications services. Once connected at these Internet POPS, internet bandwidth can be
obtained at less than $0.60 per megabit for one GB Ethernet' from providers such as Cogent and
Hurricane Electric. Direct peer IP services are less likely to be affected by fiber cuts and equipment
failures, lending to a more reliable service experience. In addition, collocation from a network
services provider such as Crown Castle could provide a secure off-'site location for disaster
recovery. Options for commercial data center collocation and service peering are provided here
for further research.
I Hurricane Electric, 1 gigabit ethernet, burstable to 95 percentile.
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Table 2-73 Data Centers in San Diego
�Provider Address 'Tenants
Crown Castle #1 3180 University Avenue, San Diego, CA Cox, Global Crossing, Level 3,
CenturyLink, Crown Castle
Crown Castle #2 8929 Aero Dr, San Diego, CA Cox, Global Crossing, Level 3,
CenturyLink, Crown Castle
Crown Castle #3 8830 Complex Dr, San Diego, CA Crown Castle
Crown Castle #4 8971 Complex Dr, San Diego, CA Crown Castle
Crown Castle #5 9276 Scranton Rd, San Diego, CA Crown Castle
EdgeConneX 5761 Copley Dr Suite 150, San Diego, CA Various
EDCSDG01
Scale Matrix 5775 Kearny Villa Rd, San Diego, CA Zayo, Cox, Centuryl-ink, Crown
Castle
zColo Collocation 9606 Aero Dr, San Diego, CA Zayo, Cox, Redl'T, Crown Castle
SimpleNet 225 Broadway, San Diego, CA Various
Collocation
American Internet 9305 Lightwave Ave, San Diego, CA Zayo, Cox, American IS, Zayo,
Services #1 Crown Castle
American Internet 9725 Scranton Rd, San Diego, CA Cox, American IS, Crown Castle
Services #2
Coq�nt 5 B St#1020, San Diego, CA Cogent, various
Table 2-74 Summary of Fiber Network Metrics, by Ring, by Ph�os�e
Core/Backbone Laterals/Distribution Core+Laterals
Ring Phase L,inearfeet L,inearmiles Linearfeet Linea miles Linearfeet L,inearmiles
1 1 731 371 13.90 215,39 0.48 751P 910 14.38
1 2 0.00 112,855 21.37 112,855 21.37
........................................
..........................
1 3 0.010 35195,3 6.81 35.0953 6.81
2 4 70.,343 13.32 311332 5.93 1011 675, 19.26
...........................................................
2 5 0.00 811280 15.39 811280 15.39
........................................................................................................................................................................................................................................................ .........................................................................................................................................................................................................................................................................................................................................................................................
3 6 321P953 6.24 171971 3.40 5,0.,924 9.64
176,667 33.46 2811930 53.40 458,597 86.86]
38.52% 61.48%
2.5 111F 11 11M A 11M C 11 11M G 0 P T 10 N S F1 0�1111 C 0 11M S T R U C'T 11 11M G F1 I B 1117:::::,�1111 R I N G S
Alternatives for funding the development of Ring 1 (required) and Rings 2 and 3 (each required,
and contingent on funding) are outlined in the Long-Term Costs section.
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2.6 CONCLUSION
The recommendations for core and LAWMAN improvements are complex and costly but are well
worth the investment of capital and resources to accomplish over the long term. An integrated
network infrastructure with centralized management and security allows the City's IT resources to
be leveraged across all departments while minimizing duplicate effort and cost. Furthermore, the
City will reap increased efficiencies through an integrated IT infrastructurethat improves network
scalability, performance, interoperability, usability, reliability, security, and operations in the
following ways:
1. Scalabillit 'The new network can easily scale by increasing optical bandwidth, network
Y
capacity, and fiber extensions through incremental capital investments and equipment
reconfigurations. This will allow the City 'to grow the network in lockstep with the
continually changing demands of IT applications and services.
2. Perfbrrriance,.�- End-to-end performance will improve by nature of standardized circuit
types and a low latency layer 2/3 architecture operating on a 40 Gbps transport ring for
access to data centers and internet services.
3. Interoperabillity The City's standards-based integrated network will support all
departmental applications and allow for centralized management and security.
4. Multi--use."The integrated network will leverage common assets and staffing resources to
support both common use and unique departmental applications.
5. Reliabili�y The new fiber ring, MPLS transport, diverse laterals, and Cisco DNA platform
will all lend to much higher reliability of the network through controlled change
management, protected 'transport, and P1/P2 service redundancy.
6. Sectiritly.�-Security of the network will be much improved through migration to private fiber
and the implementation of Cisco DNA for security policy and threat management.
7. Olqerations,.�- Overall network operations for City IT will be simplified through Cisco DNA-
controlled change management and standardized components. Operations will be
simplified for Traffic Engineering by allowing their staff to focus on the traffic applications
instead of the communications networks supporting them.
2.7 A 11 'T E�1111 11M A'T 11 V 111E::,:, S 0 11 U T 10 N S F1 0�1111 F1 1111:3 111E:::,�1111 N 111E:::,'T W 0�1111 K
In addition, Magellan recommends that Chula Vista consider issuing an RFP for alternative fiber
solutions, seeking responses from additional respondents who may wish to contribute to City's
economic development and communications needs.
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3. Data Center
3.1 BACKGROUND
'The City of Chula Vista's current data center provides adequate protection for the City's basic
services and can absorb additional capacity for growth. It is recommended that a comprehensive
review of the existing controls be reviewed to ensure the physical and environmental controls are
adequate while also supporting the capability for business resiliency.
�3.2 111DATA CE11M1T1117:::::J1R 11PILAN
'The following controls should be implemented and reviewed annually to ensure adequate
protection:
City of Chula Vista should take appropriate steps to prevent unauthorized physical access, as well
as accidental and intentional damage 'to 'the City's physical premises, systems, and information.
City of Chula Vista should also take appropriate steps to protect against environmental and
systems malfunctions or failures.
The following table summarizes the several additional policies and procedures that should be
implemented to create a world-class data center operation supporting today's needs and
'tomorrow's fiber and Smart City initiatives.
Detailed checklists of information to be created for each policy and procedure may be found in
Appendix B Data Center Support.
SeeTable 3-1 beginning on the following page for the clatacenter control matrix.
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Table 3-1 Datacenter Control Matrix
Data Center Objective Ris�k State�ment Controll
3.1 Environmental Implement critical supporting Absence of environmental Facilities housing mission data,
Controls utilities, such as climate controls may result in the scoped systems and or
control, fire sup,p,ressants and organization being more physical media are protected
backup, power supplies needed susceptible to business with environmental controls.
to support the business interruptions.
operations.
3,.2 Physical Security Ensure that physical access to Absence of physical security Facilities housing scop,ed data,
Controls data or systems is restricted by controls may result in scoped systems and physical
layered security controls and im�p,airm�ent, damage or media are protected with
that only authorized personnel destruction of physical plant physical security controls.
are allowed access to and human resources. Likely
restricted areas. im�p,acts to business operations
may result.
33 Secure Workspace Ensure that p,rotecting the Absence of a secure worksp,ace Formal enterprise risk
Program secure worksp,ace environment prog�ram may result in the governance prog�ram is alig�ned
is part of the physical security org�anization's inability to with the business environment
and risk management identify appropriate and organizational strateg�ic
prog�rams. procedures to secure the objectives.
workspace, environment.
3.4 Secure Workspace Control ingress to and egress Absence of a secure workspace, Implement physical security
Perimeter from �the secure workspace. perimeter may result in the control featuresto control
The level of controls should be organization being more ing�ress �to and egress from �the
commensurate with the level susceptible�to unauthorized secure worksp,ace.
of risk. access �to facilities housing
scoped data, systems or
media.
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Data Cente�r objecuve Ris�k statment Cm�tmll
3.5 Secure Workspace Maintain access reports. Absence of access log�g�ing Access to secure workspace is
Access Reporting management may result in the logged and reports are
org�anization's inability to maintained.
identify or report unauthorized
access to secure worksp,aces.
3.6 Secure Workspace Complete periodic comp,liance Absence of comp,liance Conduct periodic compliance
Compliance insp,ections of the secure inspection for the secure inspections of the secure
Inspections worksp,ace desktop worksp,ace desktop worksp,ace environment.
environment. environment may result in the
org�anization's inabil�ity to
identify ineffective practices,
and loss or com�p,romise of
information or assets.
3,.7 Visitor Establish a visitor management Absence of adequate visitor Establish process and pol�icy
Management program. management procedures may for visitors to the facil�ity,
result in unauthorized or including requiring visitors to
unsupervised visitor access. present valid government-
issued ID and display a visitor's
badge at all times.
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Data Cente�r objecuve Ris�k statment Cm�tmll
3.8 Business Resiliency Create and maintain in-depth Absence of a business Create formal policy that
business resiliency governance resiliency governance policy to establishes, program
policy, function and processes g�uide the risk management objectives, responsibilities, and
that documents overall program may result in a lack of processes.
expectations for the p,rog�ram, clear direction and senior
how the program is to be management involvement to
executed and defines assure readiness to handle
responsibility for each element service disruptions and im�p,act
of the prog�ram. to the products, and services
provided by the organization.
3,.9 Business Impact Conduct an assessment to Absence of a business impact Perform�, maintain and
Analysis (BIA) prioritize all business assets analysis may result in lack of periodically exercise (m�inim�um
and activities, including their prioritization of business annually) business impact
interdependencies, as part of a assets and activities, which analyses (BIA), and upon
workflow analysis. This could in turn prevent the material changes to critical
assessment should evaluate necessary assets and activities business functions and their
the potential im�p,act of from being prepared to required assets and
business disruptions, resulting respond to a business dependencies.
from uncontrolled, non- disruption that impacts the
specific events on the continued availability of critical Senior management review of
org�anization's business products and services. results.
functions and activities.
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Data Cente�r objecuve Riis�k statment Cm�tmll
3.10 Risk Assessment Create and maintain an in- Absence of a risk assessment Catalog and maintain the
depth business risk assessment program may lead to critical resource dependencies
that identifies and analyses the unidentified threats, and identified by the business
likelihood and impact of treatments that result in impact analysis.
disruptive incidents to the business disruption.
org�anization and its Senior management review of
clients/customers. results.
3.11 Business Activity Create business recovery plans Absence of formal business Business recovery plans are
Level Recovery that will effectively guide the recovery plans may resul�t in cleveloped, maintained and
Planning recovery of the critical critical business activities not reviewed period�ically
business activities identified being recoverable within (minimum annual�l�y).
from the Business Impact needed tim�eframes.
Analysis. Senior management review of
plans.
3,.12 Backup Media Systems, ap,p,lications and data Absence of processes and Implement backup or
Creation and must be available in event of capabil�ities for the restoration repl�ication process for
Restoration an incident that compromises of scop,ed data and software system�s, applications, and data
or impairs production may lead to a loss of abil�ity to to ensure successful
information technology resume operations and the restoration. Periodically test.
operations. Backups or provisioning of services in the
replications of scop,ed data event of corruption or loss of IT management review of test
should be available to meet the primary data source. results.
req�uired Recovery Point
Objectives (RPO) and Recovery
Time Objectives (RTO).
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Data Cente�r objecuve Riis�k statment Cm�tmll
3.13 Disaster Recovery, Conduct thoroug�h exercises Absence of exercising and Business resiliency and disaster
Business Continuity that validate the effectiveness testing may lead to recovery exercises are defined,
Testing of business continuity and unprepared individuals, scheduled, p,lanned, conducted
disaster recovery p,rocedures unanticipated delays in and evaluated according to a
and capabilities, the readiness, meeting recovery objectives, consistent process. The
of its personnel to perform and/or unidentified gaps in the probl�em�s identified are made
required actions and the prog�ram. visib,le and documented with
viab,ility of related an associated rem�ediation
comm�unication m�echanism�s action plan.
and procedures.
3,.14 Infectious Disease Create and maintain infectious Absence of form�al�ized process Establish infectious d�isease
Planning disease outbreak plans which to respond to infectious plan to define how the
consider outbreaks impacting outbreaks could result in the org�anization will prepare for
internal parties, third parties inab,ility of the org�anization to and respond to the pand�emic
and customers. continue to provide its and epidernic outbreaks that
prod�ucts, services and related may or do impact the
support or to adapt to org�anization, its personnel and
changes in demand by users ongoing operations.
impacted by an outbreak.
3,.15 Business Insurance Ensure all applicab,le insurance Absence of insurance could Insurance coverages held by
coverage(s) is defined and result in a financial loss to the the org�anization are defined
outlined within �the business City, putting at risk its ability to and outlined within �the
resiliency plan. resume services to their users business resiliency p,lan.
in a �timely manner.
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4. Telephony
4.1 BACKGROUND
'The term telephony connotates traditional phone calls using a fixed or mobile device to talk with
another party. However, telephony in the modern sense is much more than voice conversations.
It refers to a "Unified Communications" paradigm that includes not only an ecosystem to support
voice communications, but systems to support all kinds of communications, of which voice isjust
one aspect. Unified Communications("UC") allows users to communicate in many forms, including
via a landline phone, mobile smart phone, email, text messaging, tablet or other device. The
freedom to use many communications modes allows users increased efficiency and improved
service delivery.
Unified Communications is made possible by having a common platform that all devices use,
which is known as internet protocol ("IP"). UC allows for new efficiencies in the way we
communicate and work. Voice over internet protocol ("VoIP") is only one component in the
ecosystern'that is Unified Communications. Subscribing to, managing and implementing one data
network that supports all an organization's communications needs has provided the ability to cut
costs and improve services.
Using UC, a variety of enterprise communication services including instant messaging, VoIP,
mobility features, audio, web and video conferencing, data sharing, and unified messaging are
integrated across many media types and devices. Some of the features it enables includes mobile
uses such as extension mobility and single number reach. It allows users dynamic messaging
options such as sending messages from one medium to another, or routing calls and voicemail
communications based on the user's presence information. LIC contains a set of evolving
technologies designed to automate and unify communications across media and devices, allowing
for reduced latency and dependence on individual devices, and enhanced mobility and business
processes.
4.2 GENERAL REQUIREMENTS
Telephony has come full circle in the evolution of Hosted vs, On Premise support for
communications. With much better internet connections and increased migration to the /]cloud,It
VoIP hosted solutions are becoming more cost competitive while maintaining the calling features
end users desire. Many organizations are moving towards VoIP solutions hosted by a VoIP
provider. Some of the pros and cons are highlighted below.
IP-based models incorporate not only hosted versus on-premises solutions, but a variety of
options for implementing solutions at various stages. For instance, many organizations elect to
keep their existing phones instead of going through the expense of buying all new IP-based
phones by using a less expensive on-premises //box" (called an Integrated Access Device— 111AD")
'to convert voice calls into data packets. This can be used in a phased implementation of VoIP.
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Other companies are only using VoIP for connections between their offices and the phone
company's central office.
Hosted private branch exchanges ("PBX's") or hosted VoIP is a model in which the phone
equipment is housed and managed by a carrier at their location. These providers then handle all
the software and feature upgrades, redundancy, backup and connectivity to the internet. All the
local office IP phones are then connected 'to a router and aggregated before being sen'tto 'the
provider using a common protocol. These providers usually charge a monthly fee, per phone, for
their services. It can be as little as $15 per phone to over $50 per phone per month, depending
on agreements, number of phones and features required. They may also charge a fee for the
number of minutes used.
On-premises solutions, on the other hand, require the equipment to be located onsite and
managed by the City. 'The City will have gateway equipment onsite 'that connects to either a
traditional provider to route the calls, or to an IP-,based provider using SIP trunks (more on SIP
later) to facilitate call completion.
Purchasing an on-premise I P-PBX phone system involves buying hardware,which includes a server
with the proper number of interface cards (if needed) to be able to connect the telephone
company with the IP phones. Hosted IP-PBX only involves purchasing IP phones, though a router
and network switch may be needed to ensure there is one specifically dedicated to VoIP.
Below are some important considerations in deciding between hosted IP and on-premise IP
options.
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4.3 HOSTED VS, OW-PREMISE TELEPHONY - COMPARATIVE cos,"rs
Table 4-7 Hos�ted vs On-Premis�e Telephony— Comparative Costs
Hosted PrivMe Rranch Exchange (PBX) Gni-Premise PBX
• Lower in,itial eq�uipmenit cost and set-u�p e Higher initial cost and set-up cost.
cost. * Potentially higher mainitenanice costs,.
• Network qualification is performed by thie e Lower monthily cost after expenses are
cu�s,tomer; any upgrades, are at the covered�.
cu�stomer's expense. e Ability to SIP trunk to get lower cost calls.
• All IP-PBX feature programming is done by * On-premise 1P-PBX provid�er will q�ualif'y
the customer'. network.
• No maintenance costs of the IP-PBX, but e Oni-pr�emise IP-PBX provider will install and
support of all on,-premis,e and remote program IP-PBX.
phionies and nietwork devices are the e Oni-pr�emise IP-PBX will train, staff on
0 responisibility of customer. feature use, and "best practices"'.
U e Staff trainiing is the responisibility of the
cu�s,tomer. (Many provid�ers offer train-thie-
trainer services, allowing CIV staff to provide
local tr�aininig�.
• Low monthly service cost.
• Easy to add extra lines.
• Ulpg�rad�es, and new featu�res are inclu�ded�.
• Extencled features, like conifer�encing, may
come with, ad�ditionial costs.
IP phones can be identical regardless of layout. For example, the 12 Polycom 550 SoundPoint IP
phones can be used for on-,premise IP-PBX phone systems as well as hosted IP-,PBX systems. The
other equipment, such as server, software, routers, switches and battery backup can be very
specific for the individual system. $3,000 to $5,000 is typical for purchasing a server with the
necessary software and cards. Ongoing server maintenance with hosted PBX will be the
responsibility of the provider. If purchasing an on-premise P�BX, the cost becomes the burden of
the owner, if not included in the IP_PBX package.
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4.4 HOSTED VS, OW-PREMISE TELEPHONY - RROS, AND CONS
Table 4-2 Hos�ted vs On-Premis�e Telephony—Pros and Cons
Hosted Private Branch Exchange On-Premise PBX
(PBX)
* Providers have more resources than, users, e Having on, premise PBX gives user control
so new feature sets, are pos,s,ible. to create, adjust and delete u�s,ers as,
* New feature installation, is handled by clesired.
provider to avoid confus,ioni. * New open source,feature sets, can be
* Picking and caniceling virtual numbers is added withou�t any licenise fees.
easy and fast. * Current carrier does not have to be
* Moving a phone system is, easy; IP phone chanig�ed.
is plugged into a br�oad�banid conniectioni. e VolP tru�niks can, be add�ed to save on
* H�os,ted provid�es, edge bord�er controllers calling costs,.
or var�iou�s other kinds of NAT software to e Server ownership redu�ces expenses over
hielp niavig�ate routers. time.
* Patches and u�pg�rades of the IP-PBX are e No clo-it-yourself time on, the part of the
0 handled by the provider. cu�stomer'.
* Los,s of Internet or catastrophic event has * Profess,ionial training of staff on, niew IP-
no effect on, oper�ationis becau�se calls can, PBX system is hianid�led by the pr�ovid�er�.
be sent to voice mail or a mobile phionie * With SIP trunkinig�, los,s of Internet or
(clue to an off-site facility that has catastr�oph,ic event hias reduced effect on,
s,afeg�uards including back up power operationis, because, calls can be sent to
sour�ces). another number or a mobile phionie (du�e
to failover capability at an, off-site facility
that has safeguards including back up
power sour�ces)
* Connections and voice qu�ality are a result e Oni-pr�emise IP-PBX nieeds a provider who
of internet coninectioni. can manage it properly.
* Loss of Internet results in, loss of phionie e Expansions may result in complicated
service (settings can, be adjusted so that it projects depending upon thie provider.
goes to voice mail or routed to a * On, premise IP-PBX manufacturer could
cellphone). go ou�t of businiess, leaving problems with
Ln
* Flexibility of system is limited. managing root problems.
* Cu�stomization, of features may be slow or Technician may need to be called for
unavailable depending on, provider. u�pg�rad�es, and patches, on software (and
z * Fees can, be inicreased�, and canicellation costs can, be incurred).
fees can, be char�ged�. Loss of power or PBX failu�re will result in,
* Stability of provider may vary within, callers, not being able to get throug�hi,
operations and finianice. which, stops bu�siniess oper�ationis u�niless
you have a SIP provider.
Additional ITS staffing, expense requ�ired�.
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All of the feature sets and reports are managed the same way in either a hosted or premise-,based
solution by using a GUI software interface. This interface allows network managers and even the
end user to select which features to implement including the setup and facilitation of conference
calls and/or video chats, call routing rules, security (encryption types, users access, HIPPA
compliance), VM access, call attendant and many others. Usability is quite simple.
V01P Featums
Most VoIP providers,whether hosted or on premises, offer a set of features and benefits with their
product offerings. Some of the most common features are:
a. Caller ID
b. Call forwarding - ability to forward all calls to an end users' choice of device
c. Call waiting
d. Call blocking
e. One-,click dialing via integrated software app
f. 'Three-way calling
g. Conference call set-up and facilitation
h. Video chat and conference video chat
i. Collaborative presentations
j. Long distance. Sometime free, sometimes for a fee after a certain number of minutes
k. Music on hold with scheduled end user selectable music or advertisements
1. Instant messaging
m. Contact Center
n. Call Logging/Recording
o. Voicemail to text and text to voicemail
p. Call attendant capabilities
q. Automated call distribution —for service center groups.
Given that most VoIP solutions offer nearly identical features, much of the decision about one
solution vs the next revolves around cost, customer support and supported devices and whether
they use proprietary solutions.
4.5 CURRENT ENVIRONMENT
'The City of Chula Vista has an aging (1 5-20-year-old) NEC based voice solution today.This system
is becoming increasingly difficult to support in terms of staff expertise, parts replacement, and
modern functionality. The system has limited support for Unified Communications and limited
support for IP based solutions,although some City rec centers and one fire station have IP services,
with limited support.
'This current system has an annual contract of roughly $30,000 for support, but that does not
include onsite setup, moves, changes, adds or deletes. Because the system is predominantly an
older PBX solution, any changes or moves will require a physical modification to the twisted pair
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wire and phone jack the phone is connected to. 'This creates additional time and cost (labor) for
each needed change in phone support.
The City has the equivalent of one-half Full Time Employee (FTE) to support but acknowledges it
could use some additional staff to meet service level agreements. Staffing/expertise is getting
more difficult to find given the age of the current system.
Moving to a UC solution will help the City improve services to the community and provide the
City employees with additional tools to enhance productivity for the benefit of the City as a whole.
Money and time can be saved by simplification of moves/adds/changes, through access to video
chats, conferencing tools and the ability for workers to select the device/method of their choosing
for communicating with others including phones, cell phones, laptops, tablets or other devices.
Additional productivity will be gained with an expanded feature set available to the City including
voice-to-text, text-to-voice, call attendant features, call recording and one-,click dialingto name a
few.
4.6 CLOUD,,-HOSTED VS, ON,,-PREMISE COST ESTIMATES
Rough cost estimates for a cloud-hosted solution include:
* $10 per month per user or $15,000 per month for 1,500 phones ($180,000
annually)
* Limited staffing
* Monthly SIP trunk costs
* All costs are operating expenses
Cost estimates for an on-P�remise solution include:
* $300,000 for new phones
* $55,000 new server, gateways, firewalls and software
* 2 FTE staff ($250,000 annually)
* Ongoing upgrades maintenance agreements - $5,000- $7,000 annually
* Training
* Monthly SIP trunk costs
* All costs are likely operating expenses, including phones (due to low unit costs)
'The City already has power over Ethernet (POE) switches at each location, so installing and using
new IP based phones should be straightforward.
4.71 NEXT STEP TACTICS AND TASKS,
4.7.1 Issue RFP to Identify VOUP Solution
Chula Vista should develop and issue an RFP to identify possible solution providers for a City-,
wide VoIP.The selected respondent would provide all installation, deployment, configuration, and
support services. Solutions could be provided on an in-house or cloud basis.
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'The City should use a cloud-based hosted solution paid via a monthly Op-Ex expense. Many
vendors provide both a hosted and on-prem solution, so selecting a vendor should include
looking at all available options including price, support, ease-of-use, feature set, security and
monthly recurring costs (MRC). The City should develop an RFP to determine the solution to be
used.
As demonstrated above, the labor costs for supporting an on-prem solution can be quite large
relative to the hosted solution. However, hosted solutions do come with a smaller up-,front fee for
hardware and software but typically have higher per user MRC. Staffing issues are a concern for
nearly every municipal entity, so we strongly recommend a hosted IP solution paradigm.
Hind[ing the Right So1ution
There are many VoIP and Unified Communications providers to choose from. Below is a list of
some of these providers and are listed in no particular order of preference or recommendation.
Vendor selection should be done through an RFI process. Magellan recommends using one of the
larger more established companies.
Ring Central
Cisco
Mitel
Vonage
Nextiva
J ive
8X8
Digacom
Ooma Office
Others
There are also providers of IP based phones and handsets including:
411 Polycom
411 Avaya
411 Yealink
411 Panasonic
411 Mitel (Shore'Tel)
411 Jabra
411 Sennheiser
411 Grandstream
411 Others
Most of these vendors make a broad range of phones and features as mentioned above. There is
no shortage of vendors supporting IP phones and UC solutions.
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5. Video
5.1 BACKGROUND
Video is essentially human-viewable light sensor data. The charged coupling device at the heart
of digital video cameras is simply an array of capacitors that translates photons into electrons
"sensing" light—which are digitized by the camera's electronicsto create pixels.A series of images
composed of these pixels creates a video stream. Artificial intelligence and basic pattern
recognition technologies can be applied to resulting data to analyze images. Data about the video
(metadata), including date/time, location, source, etc., can be embedded in the video stream for
additional forms of analysis. Video analysis possibilities depend on the camera's field of view,
optical quality, resolution, and characteristics of the CCD (type of light sensed, for example,
infrared or ultraviolet). While video is amenable 'to extreme data compression, video streams
constitute relatively large data loads for processing, transmission, and storage.
Magellan Advisors interviewed key department representatives on their current use and future
video requirements for internal and external operations purposes. We evaluated the City of Chula
Vista's camera system components, including the video management system (VMS), reviewed
proposed camera locations, and considered the impact of expanded video use on the City's
website and network. Site-,specific information necessary for basic camera installation at surveyed
sites is attached in Appendix C.
5.2 GENERAL REQUIREMENTS
There should be surveillance cameras at all City facilities covering access/entry points, major
corridors, elevators, critical areas within the buildings, parking areas, and public areas on City
property outside the buildings.There may be cameras in public spaces adjacent to key commercial
and institutional sites, areas with high incidents of criminal activity, or in other locations where
deemed appropriate. The City should form federation agreements for sharing video feeds with
key stakeholders, including places of worship, recreation, schools, and transportation. These
agreements should include terms regarding appropriate usage; for example, ensuring that facial
recognition techniques should not be used to identify individuals unless appropriate, controlled
steps are 'taken. All surveillance activities should be fully vetted with stakeholders unless
conducted covertly with warrant by sworn law enforcement officers.
Police and other sworn officers are required to wear body-mounted cameras, and vehicles—at
least those used for public safety—may have front-facing cameras. Various public meetings may
be video streamed for live broadcast/streaming and/or recorded for future reference. Closed
meetings may also be videoed with proper authorization but should be securely stored and
reviewed for public disclosure.
Video feeds should be aggregated to at least 'two locations, including central dispatch, for
monitoring. Some feeds may be aggregated for special purposes, such as monitoring facilities for
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maintenance needs. The City should have well-,defined procedures in place for monitoring or
reviewing video feeds.
Selected feeds should be stored for at least 24 hours, and some feed s—pa rticu,la rly any with
evidentiary value—should be archived. The City should develop video archival and retrieval rules
to ensure evidentiary value and privacy of persons captured in videos are preserved.
5.3 C U R R 111E::,:,11M'T S 11 T U A T 10 N
'The Police Department was installing cameras at the time of this analysis. The department's
headquarters at 315 Fourth Avenue has 140 cameras inside; four are being installed outside the
building, and the police have cameras at three other locations: the animal shelter, Fire Station 7,
and the Otay Ranch Shopping Mall. All officers have body cameras that off-load their video when
returned to dock. They do not have vehicle mounted cameras. One mobile command center has
a camera. Police drones generate video, which must be downloaded and stored (to the Genetech
system) atthe end of a mission. All regional public safety agencies have shared access to video
camera streams.
'The Chula Vista Police Department recently deployed four pole-,mounted cameras that connect
via Verizon and were federating traffic cameras. The Police federate cameras at the Port of San
Diego and have means to do so with other entities (IVITS? Others?). With the exception of Police
Axon body worn cameras, video of which is stored off-site at'Taser's Evidence.Com secure off-site
repository, and is managed by the Police Department, the rest of City of Chula Vista video is
managed and stored via Genetech (https://www.genetec.coni/) and via Livestrearn
(https:Hlivestream.com/). Video is archived for evidentiary purposes based on the City's standard
document retention policies. The City's Real-Time Crime Center has video analytics capabilities
(also ability to analyze other sensor data).
Most other City departments do not have or operate cameras. 'The Fire Department should have
cameras at its nine stations, warehouse, training division, prevention office (610 Bay Blvd.). It also
needs remote mobile video from drones,vehicles, or other apparatuses for scene assessment.The
City Library's two branches and one satellite location should have video for surveillance per the
general requirements discussed above. These departments, as well as others, could benefit from
use of video for communications and training purposes.'These video feeds will generally not need
to be archived but could be monitored only for performance or other review purposes (e.g.,
remote arraignments, real-time telehealth assessment).
'The Traffic Department has 273 signals and 9,000 streetlights. Most traffic signals are connected
via telephone line. Twenty-eight have been converted to adaptive signals with the addition of
cameras and other sensors and are connected via fiber. High-definition pan-tilt-zoom (HD PTZ)
cameras will be incorporated into every signal as it is added or modified, connected by fiber
and/or wireless communications. 'The video is fed to the Traffic Management Center and should
eventually be available via mobile. The 'Traffic Department does not use any facial, license plate,
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or other recognitions technology, although their cameras are capable. This would be a Police
Department function, if it were deployed.
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5.4 11M EXT SlITE11P, 'TACTICS AN 1113 TAS111(S
'To maximize the efficient, effective use of cameras, the City of Chula Vista should:
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Develoj.�)phased implet nentation plan for newl, upgraded carneras—1'7_.S'1ed.
(".'oordinate carriera deplo',W7'ient' wid'i ot-fier techt-tology tipgrodes', particularly to access
control systems and network infrastructure (especially Wi-Fi).
Identify rietwork reqijirernerits for carnera backlmul ar�id sigrial aggregation point'S for
prospective camera system s/tech no�l og ies, consistent with implementation of
proposed fiber netwo�rks.
F-stablisf) policies for aggregatirig, rnonitoring, retrieving, storing and sharing video cont(z?r7t
consistently across all departments, for all purposes, based on current best practices.
* Policies should distinguish between video for communication and video for
surveillance, between surveillance for resource/�traffic management and crime
suppression/security, and for levels of sensitivity and privacy requirements.
* Use a single standard system for these purposes. Ensure that system is flexible,
open, and portable to avoid excess costs and technological lock-in.
* Ensure audit trails are maintained for all video segments viewed, shared, archived,
or extracted.
F-r7stire rietwot*infrastructure provides direct, wired access to carneras or video aggregation
points. Refer to the list of sites in appendix C.
o Prioritize camera deployment based on available funding and strategic goals.
React'i ot,it' to additional stakefiolders� to establisti fe,(,'Ieroted video sfiaririg agreen"Iet"Its;
consider establishing a formal program whereby private citizens and corporate entities
can federate their video.
• Establish requirements and specification for City video systems to take in federated
video streams from private or other entities
• Develop policy for sharing video streams, on request or as standard operating
procedure.
• Develop systerris for sectirely accessing video fee(.Js� ari(,'l delivering video to rernote t,is�ers� in
alignment with goals and priorities (i.e., customer service, emergency response,
performance reviews). Include chain of custody considerations.
• Develop storage, retention, at-id archiving strategy at-id policy for all vi(,,Ieo consistent with
data policies, access policies.
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6'. Si"griage & Kiosks
6.1 BACKGROUND
Digital signs are simply computer display. Kiosks have basic input mechanisms—a touch screen,
for example—to create an interactive display. The key to both is content that is structured for
interactivity. A basic display might have different messages at different times, which means the
messages must be programmed with a means to change them. The simplest sign example might
be an //open"/11closell sign: turn it on during business hours; turn it off outside of business hours.
A parking pay station is a prime example of a kiosk, although the most effective and economical
kiosks may support multiple functions (for example, pay for parking, report a public works issue,
or summon emergency assistance from a single kiosk).
The more complex the purpose of a display is, the more complex its content and functionality
must be. A traffic display might have automatic messages for traffic or weather conditions, calling
for the need to distinguish between types of precipitation, wind speed, or temperature. The
display must have the relevant messages and means (i.e., sensors) to trigger changes. Complex
content typically requires human interaction or intervention. A directional display, for example,
might have means for a visitor to converse, or otherwise communicate, with a customer service
representative or other guide. This functionality must be programmed into the system, andthere
must be a person with whom the user can interact. It is importan'tto understand that displays and
kiosks must be highly focused and task oriented. People refer to or use them for very specific
purposes. Systems that are clearly focused on user's purpose can cause confusion, frustration, or
worse.
6.2 G E 11M 111E::,:,�1111 A 11 R E Q U I R E 11M 111E:::,11M'T S
'The City of Chula Vista's requirements for displays and kiosks depends on how and where the City
needs to inform citizens and visitors about activities, 'the status of assets, and other issues.
Information for motorists must be clear, simple, and visible. Information for pedestrians must also
be clear but allow for great depth via interaction.Task- or transaction-oriented kiosks are required
for public venues and citizen-facing departments.
Most any mobile app (i.e., municipal software for smartphones) may benefit from a kiosk-based
version to ensure equitable access, and just for public convenience. The functions of ACT Chula
Vista and the SDMTA website, for example, may be deployed to kiosks. By the same token, kiosks
must be accessible for persons with cognitive and physical handicaps and should be accessible to
persons who do not speak English orwho are unfamiliar with local culture.The kiosks may function
as network infrastructure for public Wi-Fi hotspots, and may generate advertising and
convenience fee revenues for the City.
'The network requirements of displays and kiosks depends on (a) the criticality of (b) the content,
information, or messages, and (c) how much it changes, particularly in response to (d) people
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interacting with it or (e) other external stimuli. Most displays have relatively low content
requirements, such as traffic information displays. Such displays change with moderate frequency
in response to centralized control, and are essential to safe, unimpeded traffic flow. Kiosks for
tasks such as paying fees and fines, reserving facilities, or setting appointments are less critical
and can involve highly variable and rich information. Some functions—summoning emergency
assistance, for example—can be critical but most are for convenience and efficiency.
It may be best to connect traffic information signs to fiber for high reliability, while connecting
kiosks,to wireless for flexibility. Generally, the network connections for displays/kiosks may be via
reasonably high-speed wireless, although some pre-programmed signs may only need very low-
bandwidth connectivity to change the messages or their timing. Kiosks can provide enhanced
internet access, particularly in lower-income neighborhoods, if used as Wi-Fi access points, which
would require reasonably fast backhaul as well as meansto authenticate users and push custom
content to them.
6.3 11M EXT STEP,, 'TACTICS AN�1113 TAS11KS
To maximize the efficient, effective use of signage and kiosks, the City of Chula Vista should:
• Plan for t��7,�iot,or"ist,-..�t'ar�get-ed displays for parking on every block in commercial districts and
densely populated areas, and for travel information approximately every half-mile along
major thoroughfare.
• Design travel-related displays for high-reliability, including for man-made or
natural disasters.
• Combine and/or align parking and travel displays where appropriate, i.e., major
thoroughfares through commercial districts.
• Plan for at least,ot-ie kiosk at all pt,iblic buildirigs arld eve�y rrmj or park.
• Incorporate the full range of appropriate functions, across local and regional
agencies. For example, a kiosk at the courthouse should give users access to
building security, court dockets, mass transit, and parking.
• Consider simplified kiosks (for emergency calls, parking, and other basic
information) for all parks, along pedestrian paths/routes, and in commercial
districts and densely populated areas.
• Design kiosks, around specific activities or tasks, incorporating as many into the
system as practical without reducing usability or usefulness.
Decide whether kiosks are to be used to for public WiF7, a nd whethe r the re i s a d ig ita I eq u ity
goal for this purpose. If so, identify locations where additional access is required such as
near community anchor institutions and in public gathering places.
o Develop a public Wi-,Fi business model and program, including funding via
advertising and sponsorships.
Review furidir7g for it7frastructure OW,ri7a y,be used to cor�ir�iect displaYs ar�id kiosks fo r va ri o u s
purposes to ensure they are not disallowed by funders.
Deterrriirie the variability, criticali�y, level ofcorltrol reqt,n red for each class of display
or kiosk, and design or select hardware and software accordingly.
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F-st(iblisf) a cori7pr-eherisive but firi7ited s�et of's ftm dat-(Js for all displays and kiosks, allowing
for secure data flows into each from sensors, other systems, and people, and update
automatically.
a If there is a vehicle wreck, for example, traffic displays may need to automatically
inform motorists, allow police to send detour information, and update relevant bus
schedules.
a All displays and kiosks should be minimally integrated and centrally controllable
for emergency response and similar contingencies.
a Ensure standards and underlying technologies are flexible and open to avoid
incompatibility and lock-in with a particular vendor.
a Display must conform to Manual on Uniform Traffic Control Devices (MUTCD)
guidelines (https:Hmutcd.fhwa.dot.gov/').
a Displays may utilize International Standards Organization (ISO) standards for
intelligent transport systems (Litt -://www.iso.c)rty/c.oiiinlitt.ee,/547.0(i.litnil).
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7. Sensor Networks
7.1 BACKGROUND
A sensor is a device that converts energy—from chemicals, light, movement, pressure,
temperature, etc.—into digital data or signals, basically measuring some form of energy. Sensors
are often combined with servomechanisms (orjust "servos"), which translate signals into physical
action. Sensors make it possible 'to automate activities or events, do them on-demand without
human intervention, and greatly reduce labor requirements. For example, a door-,opening servo
be combined with a pressure sensor or a retinal scanner, depending on access requirements.
When the sensor generates a particular signal, the servo opens the door. Alternately, the signal
might result in a security alert, a "this area closed" message, most any other output required to
achieve a result. Sensors are often deployed in arrays and networks. Multiple sensors in an array
can measure a particular form of energy over an area or capture various forms of energy (light,
movement, and temperature,for example). Devices, including cars and smartphones, have sensors
built into them and can act as sensor as they send data to a network. A sensor network
interconnects multiple sensors throughout an area.
7.2 GENERAL REQUIREMENTS
'The City of Chula Vista does not have well-,defined requirements for sensors because the
technology is reasonably new. Recent planning documents identify applications and requirements
for sensors, and that sensors and machine-to-machine communications represent a fundamental
difference between Smart City infrastructure and traditional municipal IT. The "Smart Bayfront" is
envisioned as a particular sensor-,rich environment, according to these documents, in which "[,t]he
current network does not have the scalability to meet the connectivity needs of these new
services.112
Generally, sensors require means to acquire and aggregate the data they generate. Due to the
distributed, small-scale nature of sensors, these means are essentially wireless, though they can
be fiber-based. There are numerous protocols for wirelessly connecting sensors via what is
generally referred to as a low-,power wide-,area network (LPWAN). Some, like cellular data services
are both proprietary and available only as a fee-based service with monthly recurring costs for
each connection. Two such protocols are LTE-Ml, which has relatively high data rates and can be
used for roaming applications, and narrowband-loT' ("NB-IoT") for fixed devices that generate
I SBC 2-12
3 LTE-M refers to "Long-Term Evolution for Machines" cellular wireless. For more information see
coimimunicatioin-ite-mtc-cat-m,1/.
IoT stands for "Internet of Things," which is a general approach to technology deployment in which
practically everything is connected to the internet—via the Internet Protocol—and can send data and
receive commands.
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small data flows. Other technologies are proprietary but do not require a service provider. SigFox
uses proprietary hardware and software. LoRaWAN is an open standard for any software but is
based on proprietary LoRa chips. Weightless is an open source standard for software and
hardware, much like Wi-Fi. Wi-,Fi can be used for LPWAN, especially with the new low-power
802.1 lax (also known as Wi-Fi 6) version of the standard.
All of these technologies require an access point or gateway to receive data from the sensors,
which must have a backhaul connection, typically via cellular, fiber, or Wi-Fi.All of these standards
have a range of up to 10 kilometers, with the exception of Wi-Fi 6, which is expected to have a
range of about 250 meters. Bluetooth and Zigbee can also be used for sensors but have very
limited range. The sensor network is expected to require security infrastructure, specifically
authentication and digital certificates. This means the network to which sensors connect must
have authentication services available to identify sensors and keep rogue devices off the network.
'The general requirements for sensors, according to Chula Vista's prior plans and studies, relate to
asset tracking, energy management, environmental sensing, solid collection. Remote
management of building and utility systems seems to be the largest application area, including
air pollution monitoring, energy management, leak detection, and irrigation controllers. These
applications require a wide range of sensor types. Sensors will be needed in any location or on
any asset that is to be monitored or tracked, including building entrances, lights, manholes,
parking spaces, utility meters, vehicles, water tanks, etc., and for particular data such as motion or
water quality. Available information, plans, and studies do not further define requirements simply
because the City of Chula Vista, like most other cities, has not previously used or systematically
reviewed uses for sensors.
7.3 CURRENT SITUATION
'The City of Chula Vista has practically no current sensor technology. Therefore, and in accordance
with the scope of this Plan, this section analyzes the range of Smart City Sensor Technologies that
are being deployed by leading cities around the world.Amsterdam, Barcelona, London, New York,
and Singapore are paving the way for other Smart Cities, and sensors are integral to their efforts.
'These cities use sensors 'to manage and regulate activities and assets, generally to protect the
environment, improve mobility, safety, and transportation, and deliver utilities.
'Transportation is possibly the most common application for sensors. In Barcelona, pressure
sensors embedded in parking spaces track which spaces are open.'The data feeds digital displays
and smart phone apps for drivers to find and pay for parking. Within a year of implementation,
Barcelona was issuing over 4,000 parking permits per day, reducing congestion and pollution, and
5 http://www.barcinno.com/barcelona-smart-city-technologies/
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saving drivers a lot of time and frustration. The Port of Amsterdam uses sensors on mooring
dolphins to identify possible damage or maintenance issues, as well as track utilization.'Transport
for London uses sensors for humidity, temperature, vibration, and other environment and
mechanical factors to proactively address issues in the Underground, the city's extensive subway
system.' They are planning to track movement of people by capturing information broadcast by
smartphones. London also uses environmental sensor in various locations—including school kids'
backpacks—to target investments in mobility for maximum impact. New York has multiple
mobility and transportation applications using sensors. Data from movement-sensing microwave
sensors and traffic video cameras, along with EZPass readers for toll and mass transit is used to
expedite buses and manage congestion.'
Quality of life and public safety applications go hand-in-,hand. Barcelona was an early adopter of
smart street lighting, using a combination of LED lights and sensors to reduce costs,
environmental impacts, and public safety issues. They used sound sensors to reduce noise
pollution in areas with a robust nightlife.The Sounds of New York"crowdsources" this application
by making sensors available to any residents who feel they have noise problems.'Amsterdam has
taken this one step further by using sound sensors and advanced analytics,to identify altercations
and underground activities before they start.10 Gunshot detection, which also uses sound sensors,
has become a popular applications in some areas. The New York Police Department deployed
chemical and radiation sensors along with video and advanced analytics to reduce response
times.]I
Utilities are also a common application. "Smart Grid" electrical (now being extended to other
utilities) runs on power sensors distributed throughout a power distributor's infrastructure. New
York City's Department of Environmental Protection uses chemical and sound sensors for
continual real-time monitoring of its water system. New York also uses sensor technology for
consumer protection. The Heat Seek application uses data from temperature sensors in private
residences to make sure landlords are providing heating, as required by city regulations."
6 https://www.portofamsterdam.com/en/news-item/port-amsterdam-and-30mhz-coIlaborate-use-
sensors-port-a rea
' https://www.forbes.com/sites/federicoguerrini/2014,/06/08/how-london-is-quietly-becoming-a-city-of-
sensors/
I https://wwwl.nyc.gov/assets/forward/documents/NYC-Smart-Equitable-City-Final.pdf, pages 9-10
9 https://wp.nyu.edu/sonyc/
10 https:Hthenextweb.com/the-next-poIice/2018/06/08/11 28,392/
11 https://wwwl.nyc.gov/assets/forward/documents/NYC-Smart-Equitable-City-Final.pdf, page 18
12 https:Hheatseek.org/
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Singapore is using pervasive sensors to collect data about all aspect of life in the city—"Everyone,
Everything, Everywhere,All the Time —even into private residences."The technology can monitor
activities of older persons so they can safely remain in their homes as they age. Of course, such
ubiquitous monitoring by government can be problematic, especially in societies with greater
concern for privacy than in Singapore. As noted above, cities are addressing this by actively
involving citizens to deploy sensors and making the data publicly available. For example, New
York enables community members themselves to act as real-time sensors using their smart
phones and social media, as well as specialized sensors and city infrastructure to aggregate and
distribute data.14 The Things Network, which started in Amsterdam and is now global, aggregates
data from a wide range of sensors that people can place on most anything.
'There are three critical considerations apparent in each of these applications. The first is the
sensors themselves, including the standards they use to connect,to a network and send data. The
second is the network architecture: where do the sensors connect and what services they use in
the process. Authentication is particularly important for data quality and security. Possibly the
most critical consideration is the role of citizens. Are they data consumers or producers'? If they
are producers, how do they opt in and out of the network? Most people object to being
surreptitiously monitored, especially if they have no access to the resulting data. Thus, it is
advisable to actively involve citizens in determining use of sensors in public spaces. Use of sensors
on infrastructure or with public services is likely to be less of an issue. Use of sensors in private
spaces can be highly problematic and must comply with data privacy regulations, particularly
HIPPA. 'The European Union's General Data Protection Regulation (GDPR) should also be
considered as a standard for data privacy.
7.4 NEXT STEP TACTICS AND TASKS,
To maximize efficient, effective use of sensors, the City of Chula Vista should:
Deterrriit'ie rrioriitoririg r�eqt,fir�errierit.s based ot-i rrwriicipal goals, arid departryierital activities
at"id initiative.s. Consider future scenarios such as fully autonomous vehicles, roving robots,
etc.
• Share those requirements openly and establish mechanisms for citizens to provide
feedback on them.
• Establish guidelines for gathering and publishing sensor data based on citizen
input.
Develop rrwt'iict'pal policies for��set-isor.s, specifically related to access to city sensor network
(i.e., which sensor can connect), data retention and sharing, use of standards (and level of
open ness/proprieta ry), etc.
13 https://www.citylab.com/1ife/201'7/04/singapore-city-of-sensors/523,392/
14 https://wwwl.nyc.gov/assets/forward/documents/NYC-Smart-Equitable-City-Final.pdf, page 22
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Corxer)tualize full build out ofserisor, r7etwor-k ar�id der-ive serisor- r-equi',t-erner7ts, following
local policies, and aligned with guidelines.
Prioritb-f�e build ot,it' bosed ot"i str"ate.gic goals and it7'iperatives, focusing on establishing and
evolving network infrastructure to support sensors.
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8e Wi-Fi* and Municip ,I Wireless Systen-is
'The Scope of Work for this project includes analysis and evaluation of wireless infrastructure to
provide municipal wireless systems for City use which are private and secure (Task 9) and a larger
enterprise Wi-Fi infrastructure which is capable of supporting City operational needs and some
level of access to the public (Task 4). The RFP suggests these tasks and subjects are related and
Magellan agrees with that assessment. 'The integrated planning approach for municipal wireless
systems needs expands to include targeted provision of Wi-,Fi for public use as described below.
Thus,we address the two tasks in this "Wi-Fi and Municipal Wireless Systems" section. The subject
of Wireless Systems Security (Task 14) clearly relates to establishment of these municipal and
public access systems, so we also address that important subject here. Similarly, wireless systems
are key infrastructure for"Smart City"functions so we also address the import of wireless for Smart
City applications here.
8.11 BACKGROUND
8.1.1 Wireless Technology Overview
"Wireless is evolving, driven by more devices, more connections, and
more bandwidth-hungry applications. Future networks will need
more wireless capacity and reliability. That's where the sixth
generation of Wi-Fi comes in.//
Cisco Technical White Paper, IEEE 802.7 7ax.- The Sixth
Generation of Wi-Fi
Cisco provides projections of internet growth and trends" including wired and wireless networks:
More internet traffic will be created in 2022 that crossed global networks in the 32 years
since the internet started.
By 2022:
o More than 28 billion devices will be connected to the internet.
• Video will make up more than 80% of Internet traffic.
• More than half of all devices and connections will be machine-to-machine, with an
expected 14.6 billion connections, up from 6.1 billion.
Average global Wi-,Fi connection speeds will more than double to 54 Mbps.
Growth in data traffic in North America will exceed 20% compound annual growth rate
(CAGR).
15 b1t, ebcointent&artideld=1955935
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Forecasts of mobile and Wi-Fi traffic by 202216 are a subset:
Mobile traffic will represent 20% of total internet traffic.
Smartphones, will surpass 90% of mobile data traffic.
5G traffic will be more thanten percent of total mobile traffic.
Nearly 60% of mobile traffic will be offloaded on to Wi-Fi.
Nearly 80% of mobile traffic will be video.
Top mobile networking trends" include:
• 'The mix of wireless devices will evolve toward "smarter" mobile devices, including
noticeable growth in M2M 18 devices, i.e., GPS systems in cars, asset tracking systems in
shipping and manufacturing sectors, or medical applications making patient records and
health status more readily available, and decline in non-smartphones and other portables.
• Cell network advances expanding 4G and implementing 5G, currently a 4G connection
generates about three times more traffic than a 3G connection, and a 5G connection will
generate about 3 times more traffic than a 4G connection.
• Continued growth (32% CAGR) of M2M connections (i.e., home and office security and
automation, smart metering and utilities, maintenance, building automation, automotive,
healthcare and consumer electronics) and emerging trend of wearable devices (worn on a
person and have the capability to connect and communicate to the network either directly
through embedded cellular connectivity or through another device – primarily a
smartphone– using Wi-Fi, Bluetooth, or another technology).
• Wi-Fi's expanding role and coverage, off load from mobile wireless expected to be 59% of
mobile traffic due to advanced devices attracted by 4G and 5G networks combined with
data caps implemented by service providers.
New mobile applications and requirements, mobile video growth of 55% CAGR will
accelerate busy-hour traffic, Virtual Reality and Augmented Reality will proliferate and
grow based on evolutions including 5G.
8.1.2 Wi4i versus Mobile Wireless
Mobile wireless communication occurs over a portion of the electromagnetic spectrum used for
radio frequencies. The Federal Communications Commission manages and licenses these radio
frequencies for mobile wireless use. Radio frequencies are divided into different bands that have
different characteristics and are assigned different uses. For wireless networks these spectrum
assignments can be characterized in three categories: low band (under 3 GHz) used primarily to
connect mobile devices; mid-,band (2 – 24 GHz) which provides a mix of coverage and capacity;
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18 Direct communication between devices using any communications channel, but in this case referring to
wireless connections.
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and high-band (above 24GHz) or millimeter wave spectrum which travels much shorter distances
but provides much higher capacity and speeds and is being used for 5G.
In contrast to mobile wireless, Wi-Fi is a technology that allows an electronic device to exchange
data or connect to the Internet wirelessly using radio waves (unlicensed spectrum) on a Wireless
5G is the next phase of mobile technology. 5Gs
primary improvements over 4G include high
bandwidth (greater than 1 Gbps), broader coverage,
and ultra-low latency. These features combined with
enhanced power efficiency, cost optimization, high-
precision positioning, massive IoT connection density
and dynamic allocation of resources based on
awareness of content, user, and location make 5G a
flexible as well as transformative technology. 5G will
be able to accommodate IoT applications such as
sensors and meters at the low end of the of the IoT
spectrum. But perhaps more importantly, it will also
support autonomous cars and other 'tactile Internet
driven applications such as augmented and virtual
reality, factory automation (robotics), smart grid, et al.
at the high end of the IoT spectrum.
Cisco White Paper, Global Mobile Data Traffic
Forecast Update, 2017-2022; February 2019
Local Area Network. The Wi-Fi Alliance defines Wi-Fi as any 11wireless, local area network (WLAN)
products that are based on the Institute of Electrical and Electronics Engineers' (IEEE) 802.11
standardsil which range from 802.11b, 'the slowest standard, to 802.1 lay, currently the fastest
standard. Thus, Wi-,Fi is the wireless version of a wired Ethernet network and in similar fashion
connects computers and myriad other electronic devices to the network and to the Internet. Wi-
Fi is provided by a wireless access point with a defined coverage area known as a "Wi-Fi hotspot"
which can be configured to require authorization via password and other security levels.
Increasing numbers of electronic devices laptops, 'tablets, smartphones, security cameras,
printers and scanners, home appliances, and myriad other devices support Wi-Fi connectivity.
"4G" mobile wireless communication is provided "everywhere" by national carriers using broad
coverage from wireless towers and antennas, although connectivity can be poor or non-existent
in certain buildings. 5G mobile wireless is an emerging standard designed to "fill in" 4G mobile
wireless networking for capacity and speed purposes with smaller coverage areas. Wi-Fi on the
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other hand is short range (50 to a couple hundred feet, unless used with Wi-,Fi extender) and
"local" using Wi-Fi hotspots/access points and wireless routers. The radio frequency is shared
among users for both mobile wireless and Wi-Fi which affects transmission speeds provided to
the users — the more users competing for the same transmission capacity, the slower the speed
provided to individual users.
'There is a common public misconception that "wireless service" is indeed fully wireless. In fact,
typically the only "wireless" component to wireless service is the wireless transmission over radio
spectrum between the user's cell phone and the cell tower (or Wi-Fi hotspot) at either or both
ends of the call." Wireless service places significant demands on the wireline network for
connection of each cell tower or Wi-Fi hotspot to wireless providers' network facilities.
8.1.3 Wi4i
"Wi-Fi networks created a distributed connectivity fabric that enables Wi-Fi to carry the vast
majority of wireless traffic and provide broadband connectivity where it is needed the most: in
homes, inside buildings, and in dense outdoor areas. Wi-Fi has done this while making very
efficient use of available unlicensed spectrum.1120
11 in some cases, operators have used radio spectrum to transmit consumer data and voice traffic from the
transmitter on the tower to the base, where it is then connected to the landline network. But this
engineering practice is going by the wayside as it consumes valuable radio spectrum and is otherwise less
desirable from an engineering perspective, in favor of fiber connection of the transmitters on the tower to
the base for connection to the landline network.
10 "Next Generation Wi-Fi:The future of connectivity", the Wi-Fi Alliance, December 2018.
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Wi-Fi access has become synonymous with
broadband access. Nearly all broadband homes have
one Wi-,Fi access point (AP) or a mesh Wi-Fi network.
Cities provide free public Wi-Fi to deliver broadband
access to their citizens to bridge the digital divide and
provide services. It is virtually impossible to find an
airport or a hotel that does not offer Wi-Fi access to
visitors and guests. Within the home, Wi-Fi is the
preferred connectivity method that goes beyond
broadband connectivity to smartphones and laptops:
most new smart home devices utilize only Wi-Fi and
depend on it for setup, authentication, and operation.
"'Next Generation Wi-Fi: The future of
connectivity the Wi-Fi Alliance, December
2078
Key takeaways from the Wi-Fi Alliance report include:
Next Generation Wi-Fi (Wi-Fi 6) and 5G are complementary technologies which expand
the overall wireless connectivity fabric.
Wi-Fi will continue to carry the bulk of the world's data traffic.
Integration across multiple wireless access technologies enables seamless transition 'to
cellular networks when outside Wi-Fi coverage areas.
Cisco reports public Wi-Fi hotspots are expectedto grow fourtimes on a global basis, with 26%
CAGR growth expected in North America. Wi-,Fi has evolved as a complementary network to
off load data traffic from mobile wireless networks to lower cost Wi-,Fi networks connecting to the
internet.
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don= imm=f�,
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Figure 8-1 Global Wi-Fi Hots,pot StraItegy and 2017-2022 ForecaIst
Wi-Fi supports most "internet of things" (loT) devices today which is fast-growing area of
applications, including building monitoring, management and automation, smart home
connectivity of sensors, thermostats, and security cameras, business applications in automation,
manufacturing and monitoring, in-vehicle applications including wireless front and rear cameras
and car remote diagnostics, and healthcare applications including patient monitoring. Wi-,Fi also
supports Smart Cities applications including automation of city services, linkage of sensors,
cameras, parking meters and City staff mobile devices, and many other functions and capabilities.
Wi-Fi connectivity for the City for the variety of intended uses and purposes is strongly in line
with, and supportive of, these wireless trends. Provision of Wi-Fi capability by the City will and can
rely upon the proposed future City's core infrastructure including fiber network for connectivity
and backhaul.
8.1.4 City of Chula Vista
As stated by�the 'Telecommunications Master Plan RFP:
The City wishes to have a robust telecommunications infrastructure platform in order to further
its goals of being a "Smart City", whereby significant cost savings, systems availability, and
increased customer service can be achieved through the use of connective technologies to reduce
power/water consumption, provide early warnings for systems which are experiencing technical
issues, enhanced monitoring capabilities, remote sensing, providing public access to meaningful
data (budget, public works projects, etc.) and deploy new and possibly unknown technologies in
the future to further the City's Smart City endeavors.
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Municipal Wi-,Fi is a major component of the basic infrastructure needed to achieve "Smart City"
goals. Municipal Wi-Fi needs fall into two immediate categories: Wi-Fi configured for use only by
city employees and contractors; and Wi-Fi configured for use by the public at most but not all
(e.g., Fire Department) City location S.21 Opportunities exist for deployment of updated and
upgraded Wi-Fi networking equipment in the City of Chula Vista. 'The cost of wireless network
equipment has dropped significantly while the performance has improved dramatically.
Determining where and how to build, deploy, and operate a fixed wireless broadband network is
significantly less expensive and easier to manage than it was just a few years ago — and for a
substantially better-,performing network. Experience and technology/vendor improvements have
smoothed out or otherwise addressed what were larger problem areas in early implementations,
including practices to deal with frequency interference, balancing customer premise equipment
deployment on the network, and software systems development to support network and
operations administration.
The Magellan team was tasked to provide information and analysis which will take advantage of
these trends and developments.This Plan is intended to support planning for a municipal wireless
network which will provide demonstrable benefits to the community while meeting stakeholder
needs, which is financially prudent while providing the greatest possible long-term benefits, and
which clearly defines roles between the City and any private partners. The Magellan team worked
with City leadership to schedule project meetings with individual City departments and their
leaders. The meetings focused on discussion of departmental perspectives on the City's present
telecommunications assets and environment as well as departmental visions of �telecom
requirements for future services and applications. City leadership also supported surveys
completed by each City department regarding information and computer technology utilization
at present, and what future needs are foreseen. 'These survey and interview responses have been
very useful for the assessment contained here.
8.2 GENERAL REQUIREMENTS
'The City seeks to determine the feasibility of upgrading present wireless systems and deploying
a municipal wireless system providing secure data/voice capabilities for use by City employees
and contractors at City locations, and further assessing the extent to which this infrastructure can
be extended to support City or City contractor wireless devices in key public spaces and in addition
provide public access on a separate portion of the network.
8.3 CURRENT SITUATION
Inforrinaltion Technology Services is responsible for overseeing and administering
telecommunications for the City including the core network infrastructure and Wi-,Fi capabilities.
The City has significant deployment of Wi-Fi today including 120-130 access points. Today three
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separate and different management consoles are used for Wi-,Fi City-wide,which clearly limits the
ability to manage Wi-Fi networking on a consolidated City-wide basis. Existing Wi-Fi equipment
is generally liend-of-lifell and thus ready for replacement. The City has no telecom budget line
item at present.
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The core network infrastructure consists of some fiber connecting City facilities and almost
everything else on Cox Business Class Internet. Wi-Fi at present is considered to be "hodge-
podge" as it has developed, with low throughput connection. City Wi-Fi generally provides for
one guest and one City staff connection. There are large gaps in coverage at City Hall, which is
particularly problematic in Council Chambers when there are large crowds. Other City sites can be
worse. Looking forward, ITS sees the need for a unified, centrally controlled Wi-Fi network with
high speed connections and thorough coverage in all City facilities. The City staff network would
be secure and provide access to the enterprise network for City employees and contractors. An
additional component of the network would be dedicated City-wide wireless networking for the
primary use of City staff and transportation, with a segregated high-availability Wi-,Fi for public
safety and also the ability to segregate capacity so each facility has what it needs. City
departments could use this network for remote sites such as irrigation controllers, and sensor
networks established based on department needs. A secondary use could be free Wi-,Fi access
for the public.
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Community Se�rvices Department includes Libraries, Parks and Recreation, Arts & Culture and
related services. At present the libraries provide public Wi-Fi using Cox Cable connections and
provides numerous online services such as business licensing, code violations, dog licensing,job
opportunities and public safety careers, library services including catalog searches and reservation
of library materials, city council meeting information, and registrations for classes and programs,
among many other online services. The library also provides WiFi hotspots" on a check-out basis
to patrons for internet access using a T-Mobile data plan. Parks and Recreation currently maintains
nine facilities"which offer free Wi-Fi. The Wi-Fi is useful for the public but also for city staff using
computers to support on-site registrations for example. Public Wi-Fi is also provided in City parks
for both staff and resident/guest use. But irrigation controllers use cellular wireless service(CDMA)
at present rather than Wi-Fi. Better Wi-Fi would allow getting off old, expensive technology (e.g.,
3G wireless). The City transition to expanded core networking and fiber placement (e.g., via the
'Traffic Signal Communications Master Plan) could enable a move to Wi-,Fi support of these
irrigation controllers and other functions. Also, there is a need for staff to be able to use tablets
in the field for work management systems (provided by Lucity) and do documentation in the field.
There are also various sensor and other applications using GPS, databases, etc.for park operations
which are of interest looking forward.
At present the Community Services Department notes that Wi-Fi is open for the whole complex
and seems to be "down" a bit from time to time as well as being "really slow". Looking forward
'the Department would like to have Wi-,Fi coverage around all City properties and parks with a City
employee secured Wi-,Fi that is fast and available at all City locations, including libraries, recreation
centers and parks, public works, fleet facilities, etc. Sensor networks need to be supported,
particularly in parks, and digital signage and kiosks, need to be supported for public use.
Pubfic Safety needs were assessed by surveys and interviews with the Fire and Police
Departments. At present the Police, De�partment operates two SSIDS23, one a secure network for
law enforcement use and the other for publicopen I use by guests and employee personal devices.
Looking forward, the Police Department would like three SSIDs — one for guests, one for
employees, and the third for law enforcement systems.The Department visualizes a much broader
use of wireless devices within and outside of the Police Department facility. Security and
22 Heritage Recreation Center, Loma Verde Aquatic Center, Loma Verde Recreation Center, Norman Park
Senior Center, Otay Recreation Center, Parkway Aquatic Center, Parkway Community Center, Salt Creek
Recreation Center,and Veterans Recreation Center. Parks and Recreation operates five other facilities which
do not have Wi-Fi service.
11 Service Set Identifier,which is the primary name associated with an 802.11 wireless local network(WLAN)
including home networks and public hotspots. Client devices use this name to identify and join wireless
networks.
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connectivity are key challenges for that vision, which implies tight integration with city
infrastructure but logically separation via access controls and physical controls. The Police
Department would also like to see infrastructure which supports sensor networking,which doesn't
exist at present. 'This would include smart nodes with camera sensors on streetlights and PTZ24
cameras where there is a lot of foot traffic (e.g., MTS stations, near schools, parks, major shopping
centers and problem crime areas). The Department has a strong desire for smart nodes similar to
deployments such as in San Diego using public safety video systems in the marketplace (e.g.,
totalrecallcorp.corn). At present the Rre Department does not have City Wi-Fi at fire stations but
obtains connectivity for union members using Cox Cable connections. Fire Department does
desire to have secure City Wi-Fi deployed at the Fire Stations and administrative offices.
Streaming video is important for observation at computer workstations and similar to consumer
experience at home does not work well with slow or unreliable connections. (This need will be
more pronounced with deployment of Next Generation 911.) Also, poor Wi-Fi connections impair
interviews conducted over Skype connections. At present no sensor networks exists for Fire, but
'the Department (similar to the Police Department) desires to have smart nodes available with
camera and weather sensors, and support for telemetry from fire apparatus, firefighters (medical
monitoring), and medical instruments. Thermal cameras are important looking forward either on
drones or on poles for wildland interface fire threats. Given the medical/EMT functions of the Fire
Department secured Wi-,Fi is a must to include and ensure HIPAA compliance.
'The City recently completed creation of a City-wide Tmffiic Signa!Communicaltions Master Nan.
'The Plan includes bringing fiber optic connectivity and Cisco controllers to each traffic signal to
support deployment of numerous Intelligent Transportation Systems devices for a more modern
transportation system in the City. The type and sizing of switching is being explored with Power-
over-Ethernet specified to support all data traffic via ethernet and also Wi-Fi access points. 'The
Magellan team explored broader linkages to Smart City and Wi-Fi access points with departments
and stakeholders. Fiber connectivity could potentially be used for backhauling for Wi-Fi coverage.
Similarly, the City is included with the SANDAG and CalTrans in participating with the U.S.
Department of Transportation to operate one of ten proving grounds for autonomous vehicles,
designated as an Autonomous VeNcle Rroving &ound. Wireless technology is crucial for
autonomous and connected vehicles.
The Economic Development Depa�rtment at present desires stronger Wi-Fi signal to reach all
offices and meeting rooms At present a permitting system (Acela) is used which relies upon
wireless networks for data transmission and system access for supervisors and staff in the field.
Coverage gaps require city staff to come back to the office for data entry. Economic Development
foresees a number of applications and needs including dynamic and easy-to-understand signage
11 Panjilt/Zoom.
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and other information, ability for field staff to use Wi-,Fi with their phones, tablets, computers in
their daily activities without having to come back to the office to do data entry, ability to
communicate with units dispatched to a scene (drones, vehicles, etc.), kiosks, to inform the public
and facilitate interaction with the public, adequate bandwidth for �transmission/access to plans
and documents, and sensor networks for centralized monitoring and control of municipal assets.
'The City is undertaking redevelopment of 535 acres of land on San Diego Bay in partnership with
the San Diego Unified Port District, guided by the Oulla Vista Bayfront Master Plam Important
features of the CVBMP include:
0 Opening the Bayfront to new parks, open space, recreational amenities, and lower-impact
future development.
0 Development of new hotel and conference meeting space.
0 New high-rise residential units.
0 New office and retail spaces.
0 Ultimately redeveloping the area to a mix of condominiums, retail shops, hotels, office and
public open spaces.
0 This will include advanced energy technologies and Smart City designs to incorporate
cutting-edge technologies.
0 Wi-Fi will be a crucial infrastructure need for this development.
The City has studied Bayfront development extensively including through a detailed assessment
performed by Black and Veatch. 'The assessment laid out numerous offerings and possibilities,
including basic infrastructure of connecting the Bayfront via fiber, using that fiber for backhaul to
provide City and public Wi-Fi and information kiosks, public safety "smart nodes" and security
cameras, parking guidance, information systems, crowd detection, leveraging the City's traffic
signals and street lighting for Smart City and Wi-Fi purpose, and pedestrian/vehicle/bike counters.
Further opportunities include smart irrigation, water quality monitoring, wildlife detection, waste
pickup and route optimization. Finally, the City of San Diego has installed GE Smart Sensors,
opening the possibility that the City could join and leverage that project.
Development of the Miflenia U�rban Center is also occurring in the eastern part of the City.
Willenia is planned for up to 3,000 multi-family residences, 2 million square feet of Class A office
space on 30 acres, 1.5 million square feet of retail, hospitality, civic and mixed-use projects, six
therned urban parks and a variety of tree-lined promenades, casual gathering places, bikeways,
and plazas.,25 Wi-,Fi will be a crucial infrastructure need for this development.
Other City departments also notethat "Wi-Fi needs improvement" (e.g., Finance).
15 RFP, page 4.
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8.4 NEXT STEP TACTICS, AND TASKS WIRELESS 1IMPLEIVIENTA"rION
S T�1111 A T E G 11 S
Experience in other cities shows where wireless implementation strategies require decisions,
including:
What is the purpose of the wireless network'?
• Support City Functions
• Address Public Access concerns
• Address Digital Divide concerns
• What business model should be used'?
• Public Ownership and Operation,with orwithout other public or non-profit entities
as partners
• Public Ownership, with operations contracted through a service provider
• Public-,Private Partnership
• What is the source of funding'?
• City Budget
• Grant or Partnership
o Subscriber Fees
• What speed and capacity should the network provide?
• Relatively low
• Higher
8.4.1 Purpose of Wireless Network Implementation
Review of the information gathered from City staff managers and stakeholders indicates thatthere
is a clear need to improve and extend Wi-Fi service to support City functions. Realizing the
functions and opportunities of an improved and expanded Wi-Fi network can be achieved using
a phased approach:
Existing Wi-Fi equipment is liend-of-lifell and suitable for replacement. This end-of-life
status provides 'the opportunity to improve the network with an overall plan in mind
(including backhaul via fiber-optic networking), which would:
• Resolve the current "hodge-,podge" nature of the network and improve coverage
and speed at current Wi-,Fi locations.
• Implement centralized management and control of the City Wi-Fi network.
• Add coverage at desired additional locations under the overall plan including
desired high-speed fiber optic backhaul connectivity.
• Support separation of secure City and guest networks and implementation of
appropriate wireless system security.
Consideration of expansion of City Wi-,Fi networking to cover:
• Existing gaps in network coverage.
• Expanded use of digital devices (e.g., �tablets) in the field by City staff and
contractors in conjunction with permitting, GPS and database applications.
• Sensor networks established based on department needs.
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• Management of controllers at remote sites, i.e., irrigation controllers.
• Digital signage and wayfinding.
• Operation of kiosks for public use.
• Public Wi-Fi in City facilities and major parks and recreation centers.
• Public safety applications including the 11smart node// concept and technologies
(e.g., telemetry applications, and camera and weather sensors) under appropriate
security and governing policies.
• Consideration of expansion of City Wi-Fi networking beyond City locations to cover event
spaces, strategic recreational and commercial districts and the like.
• Consideration of expansion of City Wi-Fi networking strategically placed through the City.
The information and analysis gathered in this project clearly suggest the City should plan to
proceed with the first two phases. Whether to add the additional phases of expansion 'to event
spaces and strategic recreational and commercial districts, or ultimately ubiquitous coverage of
the City are separate decisions sub ect to additional study and planning considerations, including
j
careful examination of incremental costs of expansion given the determination to upgrade and
expand Wi-Fi coverage for City management and administrative purposes. Adding the latter two
phases could also influence the City's choice of business model. It appearsto the Magellan team
from our interviews and stakeholder discussions that the City should plan to upgrade and expand
the municipal Wi-Fi network to provide City employee/contractor secure Wi-Fi access via one or
more SSIDs at City locations, major parks and recreation centers, locations specified by public
safety agencies, and locations identified for kiosks, digital signage, sensors and controllers, and
expanded use of digital devices in the field. An additional SSID would be established for public
use on a City guest network.
8.4.2 Alternative �Business Modells
Under Pub!ic Ownemhip and Opemltion, the City manages all aspects of the wireless network.
'The City would own or procure the fiber optic networking necessary for backhaul and connectivity
to the internet as well as the wireless equipment for the network and subsequent technology
replacement costs. The City would be responsible for all construction costs, system operations
and maintenance, customer service, digital inclusion initiatives, marketing and other functions.
Requirements on the City for resources and technical skills is relatively high compared to other
business models.
Under Pub!ic OwnersWp and Conitmclted Opemltion, certain functions are divided between the
City and service providers to operate the wireless network. For example, the service provider
handles the construction costs and wireless equipment costs and installation, while system
operations and maintenance, customer service and marketing can be shared functions. Shared
operations under contract lessen the demand on city resources and technical skills while reducing
related risks.
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A PuWic-Rrivate Paftne�rship (PPP, or P3) is a venture funded and operated through a
collaborative partnership between a government and one or more private sector organizations.
While details of the divisions of responsibilities between the public and private partner(s) can vary
in general the wireless network is implemented and operated by the service provider with the City
retaining ownership of infrastructure assets. Sharing under a P3 arrangement further lessens the
demand on city resources and technical skills while reducing related risks.
Our interviews and stakeholder discussions have confirmed that a P3 or public
ownership/contracted operation business model would be best suited to the City, rather than the
public ownership business model. This is in line with the City's Smart City Vision through which
Chula Vista has undertaken to work with various entities to further its Smart City goals, including
but not limited to local/federal and state agencies, telecommunications providers, technology
companies, and non-,profit groups specializing in Smart City endeavors.
8.4.3 Funding and Risk
'The different business models will have different funding requirements and revenue generation
potential. Public ownership/operation has the highest funding requirements and financial risk, but
any revenues garnered from the wireless operation inure to the City.These revenues are generally
earned from wholesale and retail charges to users of the network. On the other end of the business
model spectrum, under a P3 arrangemen't ,the City's financial risk is minimized and the revenue
opportunity for the City is 11 capped I/ consisting perhaps of fees paid by the private partner for use
of the City's assets and infrastructure, while the private partner earns the wholesale and retail
revenues by dint of sales, marketing and operational effort. The public ownership/contracted
operation falls in the middle of the spectrum established by these two end points.
8.4.14 Network Speed and Capacity
The City will need to consider various trade-offs in its decision, including determining what speed
and capacity to implement in its municipal Wi-Fi network. New technologies make higher speeds
achievable but there are cost and technical implications from implementing these higher speeds.
8.4.5 Tasks and Recommendations
It is clear from surveys and information gained from stakeholder meetings and departmental
perspectives that there are documented needs for upgrading and expanding the City's Wi-Fi
footprint and capacity. This expanded City Wi-Fi network would be intended to support City staff
and contractors in performance of their duties and the public need for information while on the
premises of City locations and major parks and recreation centers. This platform could be
expanded to City-wide coverage at a later date if indicated by future planning.The success of this
wireless strategy will depend on other investments in City fiber and other broadband
infrastructure as described throughout this Plan under a long-term integrated planning process.
Many supporting parts are being implemented through the traffic signal upgrade process,
connection of streetlights to fiber facilities, and Bayfront planning processes and the City's "Smart
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City// vision. Upgrade and expansion of the Wi-Fi network will contributetothe Smart City visions
of a network which:
0 Connects all City facilities with secure, cost-effective, redundant and flexible network
infrastructure.
0 Enables the City to meet aggressive energy savings requirements associated with Bayfront
development plans
0 Facilitates innovation and economic development
0 Supports provision of timely and accurate data to centralized processing locations from a
myriad of sources including IoT devices, mobile units and other infrastructure
0 Connects citizens to City services and provides access to connect citizens to their
government.
The City should support the expanded Wi-Fi network through an RFP process to select a service
p rovi d er to u pg ra d e a n d o perate th e Wi-Fi n etwo rk, o r wo rk to id e ntify a nd sel ect a p rivate pa rtn er
in formation of a Public-Private Partnership to provide Wi-Fi networking.
Further detailed planning internal to the City is needed to determine:
'The time period (multi-year) over which the Wi-,Fi network upgrade and expansion is to be
accomplished, balancing financial and technical requirements vs. City needs.
'The phasing and prioritization of locations for installation of equipment and turning up
Wi-Fi service.
• Specific City facility locations
• Specific parks and recreation center locations
• Bayfront, Millenia Urban Center and other locations
• Other corridors or locations to be determined
Requirements associated with extending the network to accommodate guest access and
separate SSIDs.
Any necessary data center requirements associated with the upgraded and expanded Wi-
Fi network.
Fiber optic cable requirements for backhaul to support these locations and phased
deployment. Backhaul options need to be identified and planned to ensure adequate
capacity in operation.
Once the City has determined locations, location priority and phasing the City should issue a
Request for Proposals for a service provider to install, operate and manage the Wi-Fi network.The
service provider will need to conduct a Wi-,Fi Planning and Site Survey assessment to provide the
analysis needed to design, verify and troubleshoot the City's Wi-Fi network. 'This Assessment
should include performing a RF spectrum analysis (2.4 and 5 GHz), an automatic coverage and
signal quality study of all existing access points and identifying key points to improve the
performance of voice and data communications and include Wi-Fi Heat maps providing the City
with a graphic illustration of the RF distribution footprint for its wireless 802.1 1xx coverage. This
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assessment would provide the information needed to plan a secure, fast and reliable network
design to ensure the best placement of wireless access points for adequate coverage.
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9. 0-perationS & Maintenance Costs
I
Magellan examined the current list of IT projectsto assess the personnel needs for Information
and Technology Services (ITS). As of Jan 2019, ITS had thirteen (13) staff under the leadership of
IT Director Ed Chew. In addition, four (4) staff are detailed to Police Department with a dotted-
line reporting responsibility back to Mr. Chew, to ensure consistent direction of infrastructure is
utilized throughout the City.
INFORMATION ANDTECHNOLOGY SERRVICES
Figure 9-1 Information a�nd Technology Services, Organizational Chart
9.11 11PR0Y111E::,:,CTS 11 1 ST
As of November 2019, current ITS projects list includes the following:
1. Network Migration
2. Wi-Fi Migration
3. Exchange Online
4. Domain Consolidation
5. Automate Routine, Low-Value Tasks
6. PKI Implementation
7. 'Telephony Overhaul
8. SharePoint Migration
9. Microsoft (?) Teams Deployment
10. Electronic Forms Routing, Workflow
11. Azure Migration
12. eDiscovery
13. Single Signon and Federated Access
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14. Mobile Device Management
15. Computer Aided Dispatch (CAD) Upgrade
16. Police— MDC Replacement, Smartphone Replacement
17. Security Cameras
18. GIS Upgrade
19. Traffic Upgrades
20. Microsoft Annual True-Ups and License Management
9.2 A1117,Y1117,Y111TIONAL STAFF �IIIIECOMM�lll,,,,F,,,,,,,NDA'T�Ill�O�IIMS
Magellan recognizes that budgets are limited in Chula Vista. Magellan also realizes there are many
years of work in the above project list. As a result, Magellan recommends the addition of 1 Senior
Engineer ($90K) and 1 Project Manager ($90K).
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10. Long Term Costs
'This section summarizes the capital costs of constructing the fiber network described in Section
2.
10.1 FIBER 114ETWORK IMETRICS BY IMPLEMEWrATION RHASE
There are no revenues associated with this fiber model, as the network will only be used by Chula
Vista City Government and affiliated entities. Cost reductions can only be achieved by displacing
current commercial telecommunications costs.
Reiterating, the following table summarizes the metrics, by ring, by phase.
Core/Backbone Laterals/Distribution Core+Laterals
Ring Phase Linearfeet Linearmil�es Linearfeet Linearmiles Linearfeet Linearmiles
1 1 73,371 13.90 21539 0.48 75,910 14.38
.........................
1 2 0.010 112185,5 21.37 112.0855, 21.37
1 3 0.00 35,953 6.81 35,953 6.81
...............................................................
2 4 70.,343 13.32 311332 5.93 1011 675, 19.26
2 5 0.00 811280 15.39 811280 15.39
3 6 321P 95 6.24 1719 7 3.............4 0 5,0.,924 9.64
E176.0667 33.46 2811930 5,3.40 45,8,597 86.86
38.52% 61.48%
Figure 10-1 Summary of Fiber Network Metrics, by Ring, by Plha�se
10.2 POSSIBLE COSTS BY IMPLEMENTATION RHASE
All Magellan recommendations for the implementation of Chula Vista's fiber network are entirely
wired solutions; there are no recommendations for any wireless last-mile technologies to City
buildings as part of the program. Construction of all backbone and all lateral connections are
recommended to be underground and all services provided by the P3 will utilize those assets. No
wireless assets are included in this plan for any last-mile service delivery.
'These construction cost estimates include expected prevailing wage considerations. The City of
Chula Vista should consult with its Attorneys and Counsel to determine if prevailing wages would
apply.
If prevailing wage does apply to any construction costs, the City should review State of California's
Department of Industrial Relations (DIR) Prevailing Wage sheets for County of Ventura to
determine appropriate rates. Current Wage Determination is 2019-2, as of this writing.
If any federal funds are used, say for transportation projects upgrading twisted wire pair, there
may be additional prevailing wage considerations related to compliance with Davis-Bacon Act.
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Magellan assumed each ring was implemented in a single year, starting in three successive years.
Therefore, total duration on the project would be three years, starting in fiscal year 2021.
Magellan constructed a cost estimate by phase, including these costs in a subset of its Broadband
Financial Sustainability ("BFS") Model. The cost estimates, by ring and by phase, are estimated at
$18.73 million, which includes a 10% contingency. Details are provided in the following figure.
Phase Linearfeet Pctg �� Linearmiles Labor Materials Contingency Des/Eng
Ring 1(Req) 1 2241718 49.00% 42.56 7,043,385 873,076 791,646 238,073
......
.......................................... .......................................................................................................................
2
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
3
Ring 2(Cont) 4 182,,955 39.89% 34.65 5,,70, Oil 951,744 665,776 228,,248
Ring 3(Cont) 6 50,924 11.10% 9-64 11628,368 304,569 193,294 106,925
458,,597 100.00% 86.86 $14,,377,,765 $2,,129,,389 $1,650,715 573,,246
, $16,507,154 1� $18,157,869 1 $1817311116
Figure 10-2 Summary of Fiber Network Construction Costs, by Ring, by Plha�se
10.3 11P, 0 S S 11111:3 L 1117:::::, S A V II IN G S R 1117:::::,11 A'T E 1117) T 0 �IIIF 11111:3 1117:::::,�1111 N E T W 0�1111 11K
Under the proposed fiber network plan, as the network is planned to be used for internal
operational and efficiency purposes, there are no direct revenues from outside sources provided
to Chula Vista. Direct cost savings will be realized when there is a replacement for the current
commercial communications offerings provided by Cox Communications and by AT&T.
As of October 2019, actual annual communications spending by Chula Vista with AT&T are
approximately $218K, and with Cox Communications are approximately $149K, for a total spend
of just under $370K annually.
ATT: 2171209.72
Cox: 1481862.52
Combined Spend 366,072.24
Figure 10-3 Current Annual Communications Spending
For simple analysis purposes, Magellan assumed that all external communications spending can
be eliminated once the network is complete.'There will likely be some residual spending. However,
making that assumption, measuring capital investment on construction costs against operational
savings puts the breakeven point at much longer than 40 years. This fiber network investment is
simply not economically feasible on a financial basis alone.
Once the fiber network is operational, there may be some second-order revenues earned
indirectly through wireless attachment fees (e.g. 5G wireless attachments); these are considered
indirect revenues.
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10.4 CHULA VISTA IFFINIANCIAL SUMIMARVIES ON NETWORK BUILD
Magellan's analysis suggests that the phased construction of the three rings, in six phases, comes
to an estimated total cost of $19.4 million. Costs are broken out as follows:
0 Labor and Materials: $16.SO�7 million
0 Contingency on L&M: $1.6S1 million, at 10%
0 Design and Engineering: $573K
0 Construction Management" $480K over three construction waves
0 Project Management: $384K over three construction waves
0 Equipment and Electronics: $43,SK, including 20% for installation services
ILabor& 10%01� Design and tal Const,,
Ring Phase(s) Sites_1 Material Contingency Engineering Des&Eng Const Mgt Project Mgt Equipment* Tota I
1(Req) 1,21 3 20 71916YI462 7911646 238YI073 81946y,181 1801000 144,000 2831010 91553.,191
2(Cont) 4,5 7 6,657,756 665,776 228,248 7,551,779 180,000 144,000 87,080 7,.962,,859
3(Cont) 6 0 11932YI937 1931294 106YI925 21233y,156 1201000 —9 Y1000 65YI310 2p514.,466
Totals: 16y 507,154 1,650,p 715 573,p2" 18,p731,116 480,000 384,.000 435,.400 20,03%516
=Includes professional services for installation
(Req=Required;Cont=Contingent on Funding),
Figure 10-4 Fina�ncia�l Summary for N�etwo�rk Build
10.5 C 11 1 U 11 A V 11 S'T A F1 I N A N C 11 A 11 S U 11M M A R 11 E S 0 N 11M 111E::,:,T W 0 R 11K B,U 11 L 1113
Magellan estimated the three waves of construction would be implemented in three years, starting
in 2021 — 2022 (fiscal 2022), with each wave taking one year. City of Chula Vista may choose to
lengthen construction time estimates, or stagger waves beginning two or three years after start
of each wave.Total expenditures would likely remain unchanged, but funding considerations may
be affected.
The models do not assume any savings realized by the City of Chula Vista for using its own
network, in lieu of using a for-profit provider, to connect,their own facilities.
Financing assumptions for Chula Vista financial analysis are as follows:
Standard straight-line depreciation rates are used
All construction and operating funds will be borrowed
Loan term 20 years
Payments— steady monthly installments
Interest rates— 3.50% fixed rate
Complete sets of the following graphs may be found in Ap�pendix D. "Financiai Analysis fo�ri
Chuia Vista",:
• EBITDA and Net Income ($ millions)
• Cumulative Unrestricted Free Cash Flow ($ millions)
• Debt Balance ($ millions)
• Annual Unrestricted Free Cash Flow ($ millions)
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Annual Capital Spending ($ millions)
Funding Required �Payback Period
2 0,158,11 6 76 23 Yrs
Payback Period Using Cumulative Free Cas,1h
Free Cash Flow Flow Over 20 Years,
20 Yrs, -,$,28,79563000
Figure '10-5 Firiaricial SUmmary
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11 . Current Envi*ronment (Suitability for Smart,
C 0 0
ities)
11 .1 MINIMUM REQUIREMEN"rs FOR SIMAR"r CITIES, SURPORT
The City of Chula Vista must achieve a minimum set of objectives to provide support for Smart
City activities within Information and Technology Services (ITS). Among these are:
Fiber Network— Citywide and robust enough to provide backhaul for 5G and other smart
city enabling devices, enabling smart applications. A fiber network is essential to support
Smart Cities. Whether Chula Vista intends to build its own network or create a public-
private partnership with other third-party entities, fiber network operation is both
necessary and critical to providing backhaul to data collected with 5G and Smart City
devices. In addition, device control and transmission of data to 5G device attachments
requires fiber. See Section 2, "Core Infrastructure and LAN/MAN Opportunities" for detail
on the proposed fiber network.
Policies—To support governance and appropriate use of data to manage these Smart City
applications. Data collected by 5G Smart City devices is critical. 5G devices will capture
large amounts of data. In order to fully become a Smart City, however, decisions must be
based on these large datasets. Significant investment must be made in policies and
supporting operational systems. See Section 12, "Data Policies" for complete detail on the
key five policies required.
Appropriate Pricing — For Smart City attachments offered by wireless and other
communications carriers. Price setting for Smart City and wireless 5G attachments is
another critical component. Chula Vista should review its current pricing and confirm that
$270 per pole (or municipal asset) attachment is sufficient. See Section 15, "Valuation of
City Assets" for guidance on setting fees and prices.
Additional Staffing With ITS relatively short-staffed given the projects list outlined in
Section 9.1, additional engineering and project management staff must be added to
provide support for Smart City initiatives. Staffing augmentation contracts and contractors
may provide specific technical skills but will require additional funding.
In summary,with the implementation of the fiber network,the development of policies and setting
proper price valuations for connecting 5G devices assets, Chula Vista is poised to participate in
Smart City planning.
I I .2 111 T S S W 0 T A 111M A 1111 Y S 11 S
In competitive, non-,monopolistic situations, organizations frequently assess their capabilities
through a SWOT analysis.'This analysis assesses the Strengths (S), Weaknesses (W), Opportunities
(0), and Threats (T) which confront the organization in fulfilling its mission, strengthening its
brand, increasing its market share, or improving its performance.
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City of Chula Vista ITS is an internal, monopoly supplier of technology services. As such, it is the
default provider of technology infrastructure for the City; there are no natural competitors or
impediments to ITS executing its role within the City. However, there is some applicability in
performing SWOT. Magellan assesses ITS as follows:
11.2.1 Strengths
Trust— ITS Director Ed Chew is trusted by City Manager, City Administration. Mr. Chew has
long, successful tenure with the City, having filled key technology support and leadership
roles within the Police Department. Having served effectively, Mr. Chew was asked to
assume management responsibility of ITS, bringing trusted management and leadership
to ITS.
Key Persons — 'There are several key individuals with detailed technical and operational
knowledge (e.g. H. Howell is particularly critical).
11.2.2 Weaknesses
ITS has a very finite budget insufficient to adequately address new
programs and project initiatives.
Staffing As of January 2019, ITS had a staff of thirteen (13) full-time employees and
contractors, along with an additional four (4) staff detailed to Police Department. GIS staff
are not included in these counts.
Over-,Utilization of Current Resources 'There is insufficient slack time to invest in
providing training in new technologies for high-value employees, and even to work on
new project and program initiatives.
11.2.3 Opportunities
Operating Budget Increases — Sub ect to fiscal realities within the City, ITS has the
opportunity,to augment its staff with key technical subject matter expertsto support Smart
Cities, Cisco DNA, software-,defined networks (SDN), and other strategic improvements.
Migration to Cloud-- With more applications moving to the cloud, including enterprise
resource management (ERM) systems, opportunities to improve leverage ratio of support
staff to applications.
11.2.4 Threats
Council Commitments - Political and Optics Risks Without committed capital funding,
Council, City Management and ITS would be exposed to commitments made to construct
this fiber network.
'Third-Party Technology Providers Procured Outside of ITS ITS has opportunity to review
all technology procurements. Other departments with larger budgets might choose to
look elsewhere besides ITS for support of initiatives.
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11 .3 �ITS, s,"rAFF RECOMMENDA"riONS,
As of November 2019, there are at least twenty (20) significant projects on the ITS projects list,
many of which focus on operational improvements and security, and not strategic initiatives. The
projects list is included in this section.
Magellan recognizes that budgets are limited in Chula Vista. Magellan also realizes there are many
years of work in the above project list. However, Magellan recommends the addition of one (1)
Senior Engineer ($150-,170K) and one (1) Senior IT Specialist ($135-$1 50K) to work on project
backlog and support design of Smart City initiatives. Project Management improvements are
necessary, to increase project capacity, standardize project execution, and provide consistent
status reporting to senior management; Magellan recommends one (1) Project Manager ($140-
160K). Finally, with cyber-security concerns ever-present and increasing, Magellan recommends
creation of a Chief Information Security Officer ("CISO") role ($1 50-$175K). (All position estimates
are fully loaded, including 30% benefits.)
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12. Data Poli*ci*e,s
12.1 BACKGROUND
City of Chula Vista should review, finalize and implement the five data policies detailed at the end
of this section. These policies include:
0 Data Privacy Policy— Governs and describes what City data is to be protected and why.
0 Open Data Policy— Governs and describes what City data is shared with whom for which
purposes.
0 Data Ownership Policy—Governs and describes responsibilities of owners of data sets and
provides guidance on framework for determining appropriate use.
0 Smart Cities Readiness Policy — Governs and describes enabling governance and actions
to support Smart Cities.
0 Dig Once Policy — governs and describes how new conduit and fiber may be laid within
City to minimize disruption to public right of way while maximizing participation of City,
utility and private entities in installing new assets.
It is important to recognize that the draft policies included in this report represent one starting
point for City's internal review, the output of which will be a policy for approval by City
Management and City Council, if appropriate.
12.2 GENERAL REQUIREMENTS
City of Chula Vista has its own policy development process which collects input from all key
stakeholder departments; is reviewed by Finance, Law, Human Resources and other departments;
and is ultimately reviewed and approved by City Management and City Council.
As each of the five policies is finalized, City of Chula Vista should consider these additional factors
in defining policy and in developing procedure and operational controls.
Secure Access Control How to ensure that only approved individuals with specific role
capabilities have proper access to network, systems, application capabilities, and
technology.
• Security and Authentication How to confirm that individuals authenticate to specific
applications. This may entail implementation of two-factor authentication, which
typically requires physical and knowledge information. Physical information may be
possession of a device which identifies the individual (and may even be biometric, such
as a thumbprint) and possession of information (such as a password). Public Key
Infrastructure (PKI) guidance may be helpful in designing two-factor authentication
methods.
• User ID Management Active management of user ids by system owners. This may
also include delivery of login credentials via one method, and password delivered out
of band to the login credentials.
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• Data Encryption — Consider appropriate levels of data encryption and secure internet
protocols for application operation.
• Remote Access — Consider establishing additional secure identification for remote
access into network and into applications.
Privacy and Confidentiality—Considerations of privacy of data,coupled with confidentiality
and non-disclosure, must be considered.
Data Management Considerations
• Data Retention and Data Destruction — Policies must be developed with consideration
of how long specific data must be maintained and, as important, when specific data
must be deleted irrecoverably.
• Backup and Recovery Processes — Policies and processes to be developed to ensure
current backups are always available and can be efficiently and quickly restored in a
response to a request, legal, operational, or otherwise.
• Disaster Recovery and Business Continuity — Policies for systemic backups to support
disaster recovery operations, should the data center or a specific location be disrupted,
short-term. More significant, business continuity policies, operations, and plans should
be developed in the event long-term access to key City operational locations is
precluded.
• Public Records— Policies must support public records requests, reliably and efficiently.
Application Considerations
• Business Information (BI) Systems and Processes Considerations of key financial,
transactional and government systems must be evaluated in context of ability to
provide business information and analysis efficiently and timely. Flexibility is key,
permitting accessto any key systems to provide decision support to management and
Council.
• Systems Interfaces, Integration Planning and Architecture (also, Extraction,
Transformation and Loading (E'TL) Data Processes) Policies should address who
defines which data can be shared, with whom, and under what conditions. These may
be regular production interfaces or extracts to data repositories or warehouses.
• Mobile Operations — Policies should address how applications and data will be
accessed remotely via secure devices. Need to avoid coming "home" to base
operations to access applications and data is critical.
Infrastructure Considerations
o Operating System Patches — Policies should ensure that operating systems updates,
patches, and security updates are consistently and timely applied. Supporting
procedures must be defined and implemented.
o Anti-Virus and Malware Software - Policies should ensure that anti-virus and malware
updates are consistently and timely applied. Supporting procedures must be defined
and implemented.
o Architecture and Integration Planning — Policies should enable the development and
implementation of an overall application enterprise architecture, along with plans for
reliable integration of data streams, whether in real-time or in overnight batches.
Enterprise Applications
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• E-mail Policies should support Office 365 implementation and operation, including
guidance on sharing, managed group access to specific mailboxes, uses of mailboxes
assigned to functions rather than to individuals, etc.
• GIS Applications — Policies governing what data is appropriate for storage in GIS
applications. These should guide how decisions are made on which data is to be
incorporated.
• Web Infrastructure — Policies on web design, operation, decentralized management
must be developed and implemented.
Cloud vs On Premise Operations—Policies need to consider whether data is based in cloud
or is hosted on premises. Sufficient bandwidth is always a consideration as migration to
cloud or software-as-service applications continues.
12.3 G 0 V 111E::,:,�1111 N A N C & 111�11 0 11 1 C 1111171,1:1.1,S
12.3.1 Data Privacy Policy
I�in't iro d u ct i o�in
The Data Privacy Policy emphasizes the City's efforts to protect the personal information collected
from the public. It should serve as a guide for all City departments that collect and use personal
information in the course of conducting business.
Deftnitions
Data: For the purposes of this Policy, the term "data" refers to all structured information, unless
otherwise noted.
Daltaselt: Forthe purposes of this Policy, the term "clataset" refers to a collection of data presented in
tabular or non-tabular form.
Government information: "Government information" means information created, collected,
processed, disseminated, or disposed of, by or for Chula Vista.
Information: "Information" means any communication or representation of' knowledge such as facts,
data, or opinions in any medium or form, including textual, numerical, graphic,cartographic, narrative,
or audiovisual forms.
Information life cycle: "Information life cycle" meansthe stagesthrough which information passes,
typically characterized as creation or collection, processing, dissemination, use, storage, and
disposition.
Personally identifiable information (P11): "Personally identifiable information" refers to information
that can be used to distinguish or trace an individual's identity, either alone or when combined with
other personal or identifying information that is linked or linkable to a specif'ic individual.The definition
of P11 is not anchored to any single category of' information or technology. Rather, it requires a case-
by-case assessment of the specif'ic risk that an individual can be identified. In performing this
assessment, it is important for an agency to recognize that non-P11 can become PH whenever additional
information is made publicly available (in any medium and from any source) that,when combined with
other available information, could be used to identify an individual.
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Scope
The Privacy Policy applies to the collection, use, disclosure, sharing and retention of personal
information obtained from individuals interacting with City departments, whether in person, on a
website, or by mail in the course of providing City services. Each City department will strive to
abide by and use this Privacy Statement ,to direct the handling of personal information, though
from time to time it may be necessary for a City department to develop a practice that differs
from this Policy.
The policy may not apply to personal information obtained by the City of Chula Vista in its capacity
as an employer. The Human Resources Department should be consulted further on this matter.
Policy lRequirernents
Sections should include:
Privacy Principles
Privacy Policy Statement
• Purpose
• Scope
o Data Classes
0 Opt-out
o Use of Information
o Data Retention
o Accuracy
o Accountability
o Equity
o Others as the City sees fit
�m p e m e n ta t i o�n
.......... Determine a publicly available Purpose Statement that addresses the goals and guiding
principles for the Policy. The Statement should be representative of and agreed upon by
all City departments, including City leadership.
2 Specify the scope of the policy to cover all departments and all personal information
gathered, with an exception for Human Resources information and/or other classes of
data as specified by Human Resources, City Attorney, and others.
'3 Enumerate classes of data and their sources. The City should consider all applications in
use, records and permitting, demographics, and visitors to the City's website. Identify an
owner for each class of data, who is responsible for recommending and enforcing privacy
policy as determined by the City.
Develop a draft data policy. Magellan recommends that the City start with a framework
created from a policy recently enacted and used in another City. The City of Seattle's
policy would serve as a good start point and can be found at
x58255
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5,,,, Create a review process. Magellan recommendsthatthe City review the Data Privacy
Policy at least annually. The review should include modifications to the current policy, as
well as adding any new data classes. The process creation should also specifically identify
who will participate in this review.
6. Policy approval process, as required by the City of Chula Vista. This will include a review
by the City Attorney, departments, Privacy Working Group and approval and acceptance
by City leadership.
7 Publish the policy on the City's website, where it is easily accessible to the public. The
City may also choose to provide some additional links such as Frequently Asked
Questions (FAQs) and/or statements from City leadership concerning privacy.
12.3.2 Open Data Policy
This document is provided to City of Chula Vista, CA, as a set of recommended inputs and
guidance which may form the basis for a formal Policy.
I�in't iro d u c�t i o�in
Information is a valuable resource and a strategic asset to the City of Chula Vista Government
("Chula Vista"), its partners, and the public. In order to ensure that Chula Vista is taking full
advantage of its information resources, departments and agencies (hereafter referred to as
11 agencies") must manage information as an asset throughout its life cycle to promote openness
and interoperability, and properly safeguard systems and information. Managing government
information as an asset will increase operational efficiencies, reduce costs, improve services,
support mission needs, safeguard personal information, and increase public access to valuable
government information.
Making information resources accessible, discoverable, and usable by the public can help fuel
entrepreneurship, and innovation. This Policy establishes a framework to help document the
principles of effective information management at each stage of the information life cycle to
promote interoperability and openness. Whether or not particular information can be made
public, agencies can apply this framework to all information resources to promote efficiency and
produce value.
'This Policy requires agencies to collect or create information in a waythat supports downstream
information processing and dissemination activities. This includes using machine-readable and
open formats, data standards, and metadata for all new information creation and collection
efforts. It also includes agencies ensuring proper information stewardship through review of
information for privacy, confidentiality, security, or other restrictions to release. Additionally, it
involves agencies building or modernizing information systems in a way that maximizes
interoperability and information accessibility, maintains internal and external data asset
inventories, enhances information safeguards, and clarifies information management
responsibilities.
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Definitions
Data: �F'or the purposes of this Policy, the term "data" refers to all structured information, unless
otherwise �nolte�d.
Dataset: For the purposes of this Policy,the term "dataset" refers to,a coillectioln of data presented
in tabular oir non-tabular form.
G�ove�rnme�nt 'Informat'lon: "Government information" means infoirmatioln created, coillected,
processed, disseminated, or disposed of, by oir for Chula Vista.
0
Informat'lon. "Information" means any communication or representation of knowledge such as
facts, data, oir opinions in any �medium oir foirm, including textual, numerical, graphic, cartographic,
�narrative, or audiovisual forms.
0 "Information life cycle" means the stages through which information
Informat'lon life cycle.
passes, typically characterized as creation or collection, processing, dissemination, use, storage,
and disposition.
�Plersonally identifi'able 'linformatlion (�Pul): "Personally identifiable information" refers to
information that can be used to distinguish or trace an individual's identity, either alone or when
combined with other personal or identifying information that is linked or linkable to, a specific
individual. The definition of PH is not anchored to any single category of information oir
technology. Rather, it requires a case-by-case assessment of' the specif'ic risk that an individual
can be identified. In performing this assessment, it is important for an agency to recognize that
non-PII can become PH whenever additional information is made publicly available (in any
�medium and from any source�) that, when combined with other available information, could be
used to identify an individual.
Olpe�n data: For the purposes of this Policy, the term I/open data 11 refers to, publicly available data
structured in a way that enables the data to �be fully discoverable and usable �by end users. In
general, open data will �be consistent with the following principles:
Public. Agencies must adopt a presumption in favor of openness to, the extent permitted
�by law and subject to privacy, confidentiality, security, or other valid restrictions.
Accessible. Open data are made available in convenient, modifiable, and open formats that
can �be retrieved, downloaded, indexed, and searched. Formats should be machine-
readable (i.e., data are reasonably structured to, allow automated processing), Open data
structures do not discriminate against any person or group of'persons and should �be made
available to the widest range of users for the widest range of'purpolses, often �by providing
the data in multiple formats for coinsumptioln. To, the extent permitted �by law, these
formats should �be non-proprietary, publicly available, and no, restrictioins should �be placed
upon their use,
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Described. Open data are described fully so that consumers of' the data �have sufficient
information to, understand analytical limitatioins, security requirements, of data, as well as
�how to, process the data. This involves, the use of metaclata (i.e�., fields, or elements, that
describe data), thorough clocumentation of data elements, data clictionaries, and, if
applicable, additional clescriptions of the purpose of the collection, the population of
interest, the characteristics of the sample, and the method of data coillection.
R�eusab�le. Open data are made available under an open license that places no, restrictions,
on their use�.
Complete. Open data are published in primary forms (i.e., as collected at the source), with
the finest possible level of granularity that is practicable and permitted by law and other
requirements. Derived oir aggregate open data should also be published but must
reference the primary data.
Timely. Open data are made available as quickly as necessary to preserve the value of the
data. Frequency of release should account foir key audiences and downstream needs.
Managed Post-Release. A polint of'cointact �must be designated to assist with data use and
to, �respoind to, complaints about adherence to these olpen data requirements.
Scope
The requirements of this Policy apply to all �ne�w information collection, creation, and system
clevelopment efforts, as well as major modernization projects, that update oir re-clesign existing
information systems. The requirements, apply to management of all clatasets used in an agency's
information systems. Agencies are also, encouraged to improve the discoverability and usability
of existing clatasets, by making them 11open" using the methods outlined in this Policy, prioritizing
those that have already been released to the public or otherwise deemed high-value or high-
clemand through engagement with customers.Agencies should exercisejudgment before publicly
distributing data residing in an existing system by weighing the value of openness against the
coist of �making those data public.
Policy Requirernents
Agencies management of information resources must begin at the earliest stages of the planning
process, well before information is coillected or created, �Early strategic planning will allow Chula
Vista to, design systems and develolp processes that unlock the full value of the information and
provide a foundation on which agencies can cointinue to, manage information throughout its life
cycle.
Agencies shall take the following actions, to improve the management of information resources
throughout the informationis life cycle and reinforce the golvernmentis presumption in favoir of
openness:
11. Collect or create information 'in a way that supports downstream informafion
processing and d'Issem'Inat'lon act'Mifies
Agencies must consider, at each stage of the information life cycle, the effects of clecisions and
actioins on other stages of the life cycle. Accordingly, to the extent permitted by �law, agencies,
�must design new information collection and creation effoirts so, that the information collected oir
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created supports downstream interoperability between information systems and dissemination of
information to the public, as approlpriate�, without the need for costly retrofitting. This includes
consideration and consultation of �ke�y target audiences for the infoirmatioln when determining
foirmat, frequency of update, and other information management decisions. Specifically, agencies
must incorporate the following requirements into future information collection and creation
efforts:
1. Use machine-readable and open formats -Agencies must use machine-readable and open
foirmats for information as it is collected or created.While information should be coillected
electronically by default, machine-readable and open formats must be used in conjunction
with both electroinic and telephone or paper-based information collection efforts.
Additionally, in consultation with the best practices found in Project Open �Data and to the
extent permitted by law, agencies should prioritize the use of olpen formats that are �noin-
proprietary, publicly available, and that place �no restrictions upon their use.
Use data standards - Consistent with existing policies relating to agencies' use of
standards for information as it is collected or created, agencies must use standards in
order to promote data interoperability and openness.
'3 Ensure information stewardship by using open licenses - Agencies must apply open
licenses to information as it is collected or created so, that if data are made public there
are �no restrictioins oin copying, publishing, distributing, transmitting, adapting, or
otherwise using the information for non-commercial or for commercial purpolse�s. When
information is acquired or accessed �by an agency through performance of a contract,
approlpriate existing clauses shall be utilized to �meet these objectives while recogniz ing
that contractors may have prolprietary interests in such information, and that protection of'
such information may �be necessary to, encourage qualified contractors to, participate in
and apply innovative coincepts to, government programs.
zi,- Use extensible metadata - Agencies must describe information using metadata in
consultation with the �best practices as it is collected and created, �Metadata should also,
include information about origin, linked data, geographic location, time series
continuations, data quality, and other relevant indices that reveal relationships �between
datasets and allow the public to determine the fitness of the data source. Agencies may
expand upon the �basic metadata based oin standards, specif'icatioins, or formats develolped
within different communities (e.g., financial, health, geoispatial, law enforcement). Groups
that develolp and promulgate these metadata specifications must review them for
compliance with the common core metadata standard, specifications, and formats.
2. Bufld 'Informat'ion systems to support 'I'nteroperab'Ifilty and information access'Ibillity
Through their acquisitioln and technolloigy management processes, agencies must build or
modernize information systems in a way that maximizes interoperability and information
accessibility, to, the extent practicable and permitted by law. Agencies must exercise forethought
when architecting, building, or substantially modifying an information system to facilitate public
distribution, where appropriate. In additioln, the agency's C110 must validate that the following
minimum requirements have been incorporated into acquisition planning documents and
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technical design for all new infor�mation syste�ms and those preparing for modernization, as
approlpriate:
* The syste�m design must be scalable, flexible, and facilitate extractioln of data in multiple
formats and for a range of'uses as internal and external needs change, including potential
uses not accounted for in the original design, In general, this will invoilve the use of
standards and specif'icatioins in the syste�m design that pro�mote industry best practices for
information sharing, and separatioln of data from the application layer to, �maxi�mizle data
�re�use opportunities and incorporation of future application or technology capabilities.
* All data outputs associated with the system must meet the requirements described in part
IV of this �Pollicy and be accounted for in the data inventory; and
0 Data schema and clictionaries have been clocumented and shared with internal partners
and the public, as applicable.
3,. Strengthen data management and release practices
To ensure that agency data as,sets, are managed and maintained throughout their l�ife cycle�, agencies
must adopt effective data as,set portfolio management approache�s. W'ithin one (1�) year of the date of
this, Pol�icy, agencies, and inter-agency groups must review and, where appro�pr�iate, revise existing
pol�icies, and procedures, to strengthen their data management and release practices, to ensure
consistency with the requirements in this Pol�icy, and take the fo�ll�o�wing actio�ns,:
Create and maintain an enterprise data inventory - Agencies, must update their inventory of
agency info�rmation resources,to include an enterprise data inventory, if it does, not al�r�eady
exist, that accounts for,datasets, used in the agency's information systems.
2. Create and maintain a public�, data l�isting - Any datas,ets in the agency's, enterprise data
inventory that can be made publ�icly available must be l�isted at (Chula Vista public we�bsite) in
a human- and machine�-readabl�e format that enables automatic aggregation, to the extent
practicable. This public�, data l�isting should also include, to the extent permitted by law and
existing terms, and conditions, datas,ets that were produced through agency-funded grants,,
contracts,, and cooperative agreements, (excluding any data submitted pr�imar�il�y for the
purpose of contract monitoring and administration), and, where feas,ible�, be accompanied by
standard citation information, preferably in the form of a persistent identifier.
�3. Create a pr�o�ces,s to engage with customers, to hel�p facilitate and prior�itize data release
Agencies must create a process to engage with customers,,through their data pages,and other
necessary means,to solicit help in pr�io�r�itizing the release of datas,ets and determining the most
usable and appropriate formats for rele�as,e�. Agencies should make data available in multiple
formats according to their customer needs,.
4� Clarify roles, and res,ponsibil�ities, for promoting e�fficient, effective data re�l�ease practice�s -
Agencies must ensure that roles, and responsibilities are clear�ly des,ignated for the promotion
of efficient and effective data release practices, acr�o�s,s, the agency, and that proper, authorities
have been granted to execute on related re�spons,ibilitie�s, incl�uding:
Communicating the value of open data to internal stakeholders, and the public;
Ensuring that data released to the public are open, as, appropriate, and a point of
contact is, designated to ass,is,t open data use and to respond to complaints, about
adherence to open data requirements;
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Engaging entrepreneurs, and innovators, in the private and nonprofit sectors to
encourage and facilitate the use of agency data to build applications and services,;'
Working with agency components,to scale best practices from bureaus and offices,that
excel in open data practices acr�o�s,s the enter�pr�ise;
14. Strengthen measures to ensure that privacy and confidentiality are protected, and that
data are properly secured
Agencies must incorporate privacy anal�ys,e�s into each stage of the information's, life cycle�. In particul�ar,
agencie�s must review the information collected or created for val�id restrictions to release to cletermine
whether it can be made publicly available, consistent with the presumptio�n in favor of openness,, and
to the extent permitted by l�aw and subject to privacy, conficlentiality pledge, security, trade secret,
contractual, or other val�id restr�ictio�ns,to r�eleas,e. If the agency determines that information should not
be made publ�icly available on one of these grounds, the agency must document this determination
with Chul�a Vista Law Department.
Implementation
As,agencies,take steps to meet the re�quireme�nts, in this, Policy, it is, important to work strategically and
prioritize those elements, that can be addres,sed immediately, support mission-critical objectives, and
result in more efficient use of taxpayer do�ll�ars.
Agencies should consider the fol�lo�wing as,they implement the requir�ements, of this, Pol�icy:
11. Rolles and Responsibillifies
Agency heads must ensure that CIO, is positioned with the responsibility and author,ity to implement
the r�equir�ements, of this, Policy in coord i nation with Chula Vista's Chief Financial Officer, and Chief
Information Security Officer (CISO�). The CIO should also work with Chul�a Vista's, public affairs staff,
open government staff, web manager or digital strategist, program owners, and other leadership, as
appl�icable�.
2. Resources
Policy implementation may require upfront investments, depending on the maturity of existing
information life cycle management proce�ss,e�s at individual agencie�s. Agencies, are encouraged to
evaluate current proce�ss,e�s and identify implementation opportunities,that may result in more efficient
use of taxpayer do�ll�ars. However, effective implementation should result in downstream co�s,t savings
for the enterprise through increased inter�o�perability and acces,sibility of the agency's info�rmation
resources. Therefore, these potential upfront investments should be cons,idere�d in the context of their
future benefits, and be funded appropriately through the agencyls, capital pl�anning and budget
proce�ss,e�s. Some of the requirements in this, Pol�icy may re�quire additional tool�s, and resources,.
Agencies should make pro�gr�es,s commensurate with available too�ls and resources.
12.3.3 Data Ownership �Policy
This document is provided to City of Chula Vista, CA, as a set of recommended inputs and
guidance which may form the basis for a formal Policy.
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'The City of Chula Vista seeks to deliver efficient, effective, and improved customer services at the
lowest possible cost to its residents and businesses. One way the City can identify opportunities
for improved delivery of services is through the effective use of data. A strong Data Governance
and Data Management Policy can help ensure that potential is maximized by providing a
framework for the proper use, storage and management of data.As many agencies work together
to deliver services to our customers, a key component is a clear Data Governance policy, which
outlines the expectations for data access, availability, and management to ensure cross-functional
decision-making, accountability, data integrity, and data availability.
This Data Governance and Data Ownership Policy defines the roles and responsibilities of Chula
Vista staff, contractors, and consultants with internal and external parties in relation to data access,
retrieval, storage, disposal, and backup of data assets. More generally, data policies are a
collection of principles that describe the rulesto control the integrity, security, quality, and usage
of data during its lifecycle.
The purpose of this Data Governance and Data Ownership Policy is to:
Define the roles and responsibilities for different data creation and usage types, cases
and/or situations, and to establish clear lines of accountability;
Develop best practices for effective data management and protection;
Protect 'the City's data against internal and external threats (e.g. breach of privacy,
breach of confidentiality, or security breach);
Ensure that 'the City complies with applicable laws, regulations, exchange and
standards;
Ensure that a data trail is effectively documented within the processes associated with
accessing, retrieving, exchanging, reporting, managing and storing of data.
Data Governance and Data Ownership Policy Action Plan
101111�.......... Establish Data Governance Team (DGT)l
2 Identify and Inventory Data Systems. �Led by the Busi�ness Owner, ea6h department
shall review and identify its,currently available data to develop an inventory of syste�ms
that store municipal data. If not already in existence, the inventory s�hall be co�mpleted
ninety (90) days, after this policy takes effect. Each department shall be responsible for
updating its systems and the Business Owner shall provide updates during the regular
governance meetings.
'3 Identify Relevant Business Owners and SSDMs. Each department is responsible for
identifying individuals to fulfill the roles of Business Owner and Source System Data
Manager.
z�.. identify Subject Matter Experts (SME) of Source System — Each system must have a
designated SME.
5 Specify Operational and Security Controls for Data — Define and review
recommended access controls; obtain approval; implement.
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Data Governance and D�a-ta Management Concepts
The Dictionary of Data Management defines Data Governance as "the exercise of authority,
control, and shared decision making (planning, monitoring, and enforcing) over the management
of data assets." Data governance initiatives provide the foundation to develop appropriate data
management protocols and procedures.
Data Management is the process that puts governance policies into action. Governance provides
a framework; thereafter, you can define areas for management (such as security, database, and
document control) and infrastructure or architecture management. The governance establishes
the why and who for data accessibility and control, while management sets the where and how.
It should be noted that data governance and data quality are not synonymous but are closely
related. Data quatity is the measurement of data accuracy, completeness, availability, and
effectiveness. Data governance policies apply guidelines to this vetted data.
What is a Data Governance Pol�icy?
A data governance policy is a set of rules for safeguarding an organization's data assets. Data
governance policies center on establishing roles and responsibilities for data that include access,
disposal, storage, backup, and protection.
Data governance policies apply to everyone within the enterprise: staff, leadership, and agencies.
To establish a governance structure, a team or committee should be formed to develop the goals,
mission, and vision for data oversight. The team is primarily responsible for stewardship of the
data; that is, the proper care of data assets. In an organization the size of Chula Vista, this
stewardship role likely falls to a team, which may be named the Data Governance 'Team (DG'T) or
equivalent.
'The team can be composed of information analysts, IT personnel, subject matter experts, and project
managers to provide expertise;however,City management and senior agency staff can offer the balance
needed for effective, proactive governance.
Data Governance Tearn (IDGT) Responsibilities
Once a governance team is in place and sets its goals, the group can then outline a policy to
structure appropriate data controls, including access, availability, and methods to ensure quality.
From the initial vision and mission statements, they can develop a framework to hand off the
enactment of data management. Once in place and deployed, a governance team's work and
stewardship continue with a focus on monitoring, observation, and reporting. The team also
handles issue resolution and analysis to support data acquisition strategies, compliance, and
financial priorities to drive continuous improvement initiatives.
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Goals and Benefits of D�a-ta Governance
The primary goal of governance is to assure the integrity of data assets through accountability,
consistent data distribution policies, processes, and procedures, standardized systems, and
education. 'The benefits include the following:
Improve data quality (sometimesthrough standardized processes)
Deliver trustworthy information
Create confidence with high-quality, consistent data
Make intelligent business decisions
Decrease costs and improve efficiency while reducing the risk for regulatory fines
Drive optimization and effectiveness across agencies;
Enable better strategic planning, risk management, and compliance;
Establish better collaborative opportunities across organizations and departments;
Improve data security by identifying vulnerabilities and remediating;
Increase data value;
Resolve data problems;
Support data-driven customer service initiatives;
Comply with regulations;
Improve productivity and reduce error with high quality data;
Enable continual data improvement initiatives.
Scope
'This policy applies to all data used in the administration and operation of the City and all its
agencies and offices. 'This policy covers, but is not limited to, data in any form, including print,
electronic, audio visual, video, backup and archived data.
'This policy applies to all City of Chula Vista, CA staff, contractors and consultants.
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Data Governance Rol�es and Responsibilities
This section enumerates the data governance roles and enumerates the responsibilities of each
ro I e.
Role Hligh Levell Definii1lon,
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FigUre 12-1 Data Goverriarice Roles and Resporisibilities
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Data Governance Rol�es and Responsibilities
The following table outlines the responsibilities of the following Data Governance Roles.
Table 72-7 Data Governance Roles and Responsibilities
Role Responsibilities
Data Governance Data Governance Team is responsible for the overall management of the
Team (DGT) City's data governance.
Data Executive Data Executive supported by a Business Owner has the responsibility for
the management of data assigned within their agency or scope of
responsibility.
Business Owner Business Owners are assigned by a Data Executive and are responsible for
ensuring effective protocols are in place to guide the appropriate use of
their data assets.
Access to, and use of, institutional data will generally be administered by
the appropriate Data Owner. Data Owners (or a delegated Data Steward)
are also responsible for ensuring that all legal, regulatory, and policy
requirements are met in relation to the specific data or information asset.
Data Owners are responsible for ensuring that data conforms to legal,
regulatory, exchange, and operational standards.
Source System Every data area must have one or more Source System Data Manager,
Data Manager who are responsible for the quality and integrity, implementation and
enforcement of data management within their agency.
'The Data Steward will classify and approve the access, under delegation
from a Data Owner, based upon the appropriateness of the User's role
and the intended use. Where necessary, approval from 'the Data
Executive/Data Owner may be required prior to authorization of access.
Data Creators Data Creators may be systems that create data (e.g.—transaction systems
or billing systems), or capture data (e.g. — web applications, smart
ap lications, etc.).
Business Subject Business SMEs are business and technical subject matter experts in
Matter Experts relation to the data or information asset.
(S M E)
Data Users Data Users are consumers of the data. 'These data users may be Chula
Vista employees, contractors or staff. They may also be external users in
the 0 en Data model.
Considerations an Data Management
�Data QuaI111*111ty and IntegrRy
Data Creators and Data Users must ensure appropriate procedures are followed to uphold
the quality and integrity of the data they access
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Data records must be kept current throughout every stage of the City's business and
operations workflow, in an auditable and traceable manner. Data should only be collected
for legitimate uses and to add value to the City and its residents. Extraction, manipulation
and reporting of data must be done for valid business or analysis purposes.
As appropriate, before any data (other than publicly available data) is used or shared
outside the City, verification with the Data Steward is required to ensure the quality,
integrity and security of data will not be compromised.
Class'lficafimn� and Secw4fty:
Appropriate data security measures must be applied at all times to assure the safety,
quality and integrity of City data.
Personal use of institutional data, individual data, or public safety data, including derived
data, in any format and at any location, is prohibited.
Records stored in an electronic format must be protected by appropriate electronic
safeguards and/or physical access controls that restrict access only to authorized user(s)
Similarly, data in the City's data repositories and databases must also be stored in a
manner that will restrict access only to authorized user(s).
'This Policy applies to records in all formats (paper, digital, audio-,visual or video) whether
registered files, electronic documents, emails, online transactions, data held in databases
or on tape or disks, maps, plans, photographs, sound and video recordings, or any other
storage and retrieval medium.
Otheir Consideiratioins an Data Management
Open Availability of Data. The City is a steward of the data that it collects from residents and
visitors. No one person, department, division, or group has exclusive access to City of Chula Vista
data. While departments are responsible for the management of data they have collected, any
other department can request access to any data. These requests may be subject to legal
limitations to protect personally identifying information (1311), such as HIPAA and CJIS, as well as
any internal security procedures and guidelines the City of Chula Vista has developed to protect
data. If a request for data is denied, the reasons for denial shall be provided to the requesting
agency, which will have an opportunity to modify its request.
Data Collection. Data will be collected in a lawful and appropriate manner in accordance
with the �requir�eme�nts of a�pplica6le legislatio�n and any adclitio�nal processes agreed u�pon by
the de�partments requesting and providing the data in order to protect 1311 or sensitive data.
Automatic Extraction of Data. If data is s�har�ed among or between agencies, for example
to improve the delivery of a service or so City Manager can monitor the perfor�mance of an
agency, that data s�hall auto�matically be extr�acted, transferred, and loaded to a secure,
external co�mputer war&house. 'The location of the data �must be approved by DG'T to ensure
there are no u�n�necessary restrictions preventing access to the data.Automatic extraction and
collectio�n will allow departments to efficiently and immediately use data. If a de�partm&nt has
concerns, regarding security or personally identifying infor�matio�n (�PII), it will docu�ment those
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concerns, and develop a separate agreement with the requesting department outlining why
the information is not being automatically extracted, the schedule for extraction, and the
safeguards established for data of concern. All efforts will be made to ensure that data is not
pulled during high volume times to minimize disruptions of departmental operations.
Evaluations of current data sharing processes, will be evaluated at the regular �meetings
between the Chief Data Officer, the Business Owners, and the Source System Data �Managers.
Data Use & Disclosure. Data will be used and disclosed ina �lawful and appropriate manner
in accordance with the requirements of applicable legislation and any signed City of Chula
Vista data use agreement. Unless it is specifically requested through a public records request,
data will not be redistributed in its, raw form without the specific written permission of the
originally collecting department. �But aggregated data that does, not contain personally
identifiable information (P11) �may be shared as part of reports to the city and outreach to the
general public. When aggregating data, departments specifically review outliers to minimize
the extent to which those outliers allow for personal identification.
Data Retention and Disposal Data will be retained and disposed of in a lawful and
appropriate manner in accordance to the City of Chula Vista 's Security and Record Retention
policies,. If a department has, extracted data from another department, it is, responsible for
dis,pos,ing of that data at the end of the appropriate retention period or, if it chooses to retain
the data for a longer period of time, informing the or�iginal collecting department of its choice
and appropriately publicizing that information in compliance with California law.
Responses to Records Requests. Each department is responsible for responding to records
requests. �For, the purposes of California public records laws, the originally collecting
department shall be considered the department that 11owns" the data. Extracting departments,
shall be responsible for responding to a request only if the requested record were retained by
the extracting department and not by the original collecting department beyond the relevant
retention period.
Third Party IT Solutions & IT Procurement. A department which believes it does not have
the technology necessary to achieve one of its goals must approach IT Governance to
determine whether there is, an in-house solution before contacting any outside vendors,. If an
in-house solution is, not available, the Purchasing Division, in conjunction with the Enterprise
Technology Solutions, department and the IT Governance team, must work with the
department and the third-party vendor to ensure there is specific language included in the
contract to ensure data will remain properly open to the City of Chula Vista for access and
analysis. IT Governance, the Chief Data Officer, and the Department should also consider:
Accessibility — Access to system is managed and appropriately limited, and whether the
contract involves use of products from other vendors for whom access must also be
limited.
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Control Who owns the data; whether the provider may change the agreement at its sole
discretion or with approval; scope of any licenses.
Services—Which services are provided;service levels to problem or enhancement requests;
functionalities; whether purchased product or service interface with current or planned
technology at Chula Vista; how long features will be supported; how frequently
maintenance will be performed and with what notice.
Security—Whether vendor security standards conform to Chula Vista security standards.
12.3.4 Smart Cities �Readiness �Policy
I�in't iro d u c�t i o�in
As technology plays an increasingly large role in the way we live, cities have begun to realize the
benefits of putting it to use in improving sustainability, workability, and livability.While a city may
be 11smart" in many ways, a Smart City or Smart Region is essentially a place where residents,
industries, and government agencies are able to realize a clear, shared purpose through better
decisions and more effective actions. This is not necessarily defined by the number or kind of
devices and technologies in use; rather, it is a vision, shared by many, in which innovation and
connectedness lead to increased well-being for all.
Smart Cities are enabled generally by the Internet of Things (Io'T). The Io'T is being driven by the
increased sophistication and reduced costs associated with wireless, Bluetooth and sensor
technologies, coupled with the advent of cloud computing, which places storage and computing
power in the cloud. All devices around us are undergoing technological re-,imagination to
incorporate 'technology to make them "smart." Increasingly simpler and cheaper devices can be
employed by citiesto connect municipal assets and functions that generate more and more data
enabling more efficient and effective management of services and programs.
What it meansto be a Smart City varies across communities. In some cases, theterm refers to a
high level of usage of the Io'T in which robots, autonomoustransportation, and drones are used
throughout a community, creating a more cost-effective way to manage traffic, control energy
consumption, and increase convenience. In other cases, it may to an ecosystem of innovation in
which quality of life is improved by facilitating communication between citizens and governments,
encouraging entrepreneurship and creativity, and creating more desirable areas to live, work, and
play.
Scope
Advancing technologies place cities at the center of innovation: autonomous vehicles revising the
concept of traffic and traffic signals;Wi-Fi transforming the way information is used and accessed;
facial recognition technology transforming building security; shared vehicles allowing a move
away from parking costs, land use, and emissions; integration of renewable energy sources and
smart metering 'technology for water, electric and gas; smart street lighting poles providing
vertical assets for wireless data via 4G/5G and Wi-Fi; wireless data, smart lighting and embedded
sensors powering numerous applications to allow for faster responses for public safety; and
integration of systems with customer feedback loops to enhance and improve customer service
for residents and visitors. 'These initiatives include broadband services, collaboration
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opportunities, public safety applications, and future energy and utility management functions and
features as shown below.
Smart City initiatives require high bandwidth network connectivity for transmission of large and
growing amounts of data. Generally, cities can obtain this fiber-optic cable-based high bandwidth
connectivity in either of two ways. Traditionally, area service providers sell high bandwidth
(broadband)to cities as a service on their own infrastructure.The service is priced as a retail service
from relatively few providers and many cities are finding it to be unafforclable in both the short
and long run. The alternative is to use and expand city assets in public rights-of-way, on a planned
and strategic basis, as proposed here, to provide Smart City connectivity. Municipal broadband
networks provide affordable means for implementing Smart City initiatives for health, education,
public safety, mobility, livability and economic growth. Therefore, as communities invest in fiber
infrastructure, they are constructing foundational communications networking useful to support
a multitude of tech no logy-based initiatives that require connectivity.
It is important to note that broadband networks are not all that is required for Smart Cities.
Organizational and human factors must be provided for to foster the necessary collaborations
and investment in human capital. Ultimately Smart Cities initiatives are layered, involving network
facilities infrastructure, with connected devices (cameras, sensors, Wi-,Fi, etc.), and the data from
these devices which allows capabilities to be embedded in daily practices based on collaboration
among organizations and departments. Implementation of Smart City applications originates the
proverbial "fire hose" of data—the collection and use of which must be planned for and managed.
A concrete plan to manage the data generated by the Smart City is essential and should be
developed during evaluation of Smart City applications, and before their implementation. Smart
City data streams are too large to manage and use without processing the data.
'The table below lists some of the many smart city applications and devices that can increase
efficiency, sustainability, and usability in delivering key services to the community.
Table 72-2 Smart City Techrmlogies
'Frarisportatior,i,Collgesttori S.erisors Lightirig
"W"ater aj,,iid"Wast'lewater M1oj,,iit,1orin,9 Fir�e Detection
Parkirig Apps arild Kiolsks�toi Coordiria�te widi Self'-D rivirig Car�s,Shurthrig People In arid Out of die City of
Smart Meters Making Deliveries
Bridge Insp(�Ction Sy'stlems Solar Paniels
Energy Moriftoring Smart Logistiics/Freight
"Wast'le Maj,,iagemient Sensors Vehicle Fleet C.10MM1111ilcatilons
Drones for Public Safe�ty arid lrifras,truiclure Moriftoring Carneras
Bodly Cameras Wlearablie Detiection
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Policy Requirements
A vast and growing body of studies, information, products and implementations that cover the
Smart City exists. One of these is the report produced by The National League of Cities (NLC) on
trends in Smart City development.16 Smart City applications require three things working together
for effectiveness: computing and telecommunications infrastructure 'to collect data, software
applications and tools to analyze and interpret the data, and a collaborative environment in the
organizations that innovate, create and use Smart City applications.
National League of Cities' Smart City recommendations are:
1. C1*t1*es should consWer the outcomes...th!�y want to achl*eve. "Data collection is not an
end in itself." Initiatives need to be clearly defined. Consider what the need is, not just
what other cities are doing.
2. Cities should and the-private
sector. Cities can even partner with other cities. There are many benefits to partnering
and collaboration, including access to experience, shared risks of development, and
providing project continuity. Downsides to collaboration also need to be considered in
structuring any partnership.
3. Ci*ti*es should contl"nue to look for Sm�ar,t,,,,,C,i*ty,,,b,estDractices. Technologies are new and
at present there is significant variability and a lack of agreed standards. The National
Institute of Standards and Technology is working on 'this matter.
'The Smart Cities Council published a "Smart Cities Readiness Guide,21 containing detailed
information on Smart City drivers and barriers, benefits, "beyond silos," and City responsibilities.
City responsibilities and opportunities are outlined as follows:
Built Environment. Leading and planning for "smart buildings" powered by ICT, using
sensors, meters, systems and software 'to monitor and control a wide range of building
functions including lighting, energy, water, HVAC, communications, video monitoring,
intrusion detection, elevator monitoring, and fire safety.
Digital City Services: Switching to digital delivery of city services to increase citizen
engagement, employee productivity, competitiveness, citizen satisfaction,and simultaneously,
to reduce cost. Services are delivered via the web, smartphones and kiosks,which can require
implementation of new technologies, and attitudes or approaches.
Energy Smart energy is a priority for Smart Cities, which start with smart energy systems.
26,NLC Smart Cities Report.
- 111 6 !1
27 htt I smartcitiescounc /readiness I T''' drivers-whats-d rivi n -srnart-cities
L i v d;,,;,,;,,;,,,;,,;,,ZIL2DAILgRg-
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Health and Human Services.* Smart Cities ride the transformation wave provided by
advances in ICT to transform the delivery of essential health and education services since Ilan
educated and healthy city is a wealthy and successful city.11
Ideas to Action: A "roadmap" linked to a City's vision document and comprehensive plan is
necessaryto turn ideas to action, and make technology serve the City's larger goals. The path
to a Smart City is not quick, and targets are needed for clear goals to motivate citizens and
permit any required course corrections.
Mobility and Logistics-. Population growth and congestion make this a critical area for the
Smart City. 'Traffic congestion is wasteful and costly to the economy— both directly and
indirectly. There are a variety of action steps and targetsthat can provide for safer, more
efficient transportation, including accommodating electric and autonomous vehicles and
smart parking, among others.
Public Safety.- Public safety relies on a lengthy list of infrastructure, agencies and people to
keep the public safe. ICT in the Smart City fosters quicker and smarter responses without
wasteful duplicated effort to save lives, property and resources.
Smart Payments and Finance-, Digitalizing both disbursements and collections generates
significant savings and increases operational efficiency.
Smart People.- A new city hall mindset that is more open, transparent and inclusive to build
two-way communications and create stronger initiatives.
Telecommunications'. An adequatetelecommunications infrastructure is vital for business
and community development and underlies the Smart City.
0 Waste Management.* Population growth and accelerating consumption have created a
rising tide of waste, outpacing the rate of urbanization. Smart cities can collect and process
waste more efficiently and recover materials which have value, with a beneficial impact on
public health, the environment and sustainability/zero waste, and cost control.
0 Water and Wastewater: Like energy, water is critical to everyday life. There is also an
energy—water nexus, meaning it takes water to produce electricity, and electricity to pump
water. The Smart City provides intelligence for both energy and water systems and enhances
the platform for economical and sustainable production of both energy and water.
12.3.5 Dig Once Policy
"Dig Once" refers to policies and/or practices that foster cooperation among entities (especially
utilities) that occupy public rights-of-way, to minimize the number and scale of excavations when
installing infrastructure (especially telecommunication S21) in public rights-,of-,way. Dig Once has
28 Occupants of the public rights-of-way include gas, water/sewer and electric public utilities and several telecommunications
providers that seek permission to encroach on public rights-of-way, including cable TV companies,competitive telecommunications
companies,and wireless communications companies.
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numerous substantial benefits, including promoting and supporting the placement of broadband
infrastructure (e.g., fiber-optic cable and conduit); reducing the consequences and disruptions of
repeated excavations (traffic disruption, road deterioration, service outages, and
wasted resources), and enhancing service reliability and aesthetics. Dig Once accomplishes
the goal of minimizing costs of constructing separate 'trenches and facilities via shared costs of
construction. Sixty to eighty percent of a fiber optic network's capital costs are from opening and
closing the ground for facilities placement (e.g., trenching, boring, placing conduit). The cost
savings from shared construction therefore are significant.The Federal Highway Administration
estimates it is ten times more expensive to dig up and then repair an existing road to lay fiber,
than to dig support structure for fiber (e.g., conduit) when the road is being fixed or built. "
According to an analysis by the Government Accountability Office, Dig Once policies can save
from 25-33% in construction costs in urban areas and approximately 16% in rural areas. In
addition, development of Dig Once standards and guidelines for deployment of conduit and fiber
will facilitate economic development and growth, as it enables cost-effective staged or gradual
deployment of broadband infrastructure.
Dig Once policy discussions generally address the planning and coordination process for
construction projects in the public rights-of-way. But the concept can also extend to required
placement of conduit for fiber optics whenever the ground is opened, as expressed in recent
Congressional legislation.This concept was embodied in the Broadband Conduit Deployment Act
of 2018, which required the inclusion of broadband conduit during construction of any road
receiving federal funding." Similarly, the State of California has passed legislation (AB 1549)
which requires the Department of Transportation to develop guidelines to facilitate installation of
broadband conduit on state highway rights-of-way.
The Dig Once concept has recurred in Chula Vista in connection with discussions with developers
and revising developer agreements as well as transportation planning. The City of Chula Vista has
therefore expressed interest in exploring and adopting Dig Once policies.
Policy approaches can differ between detailing specific Dig Once processes in ordinances (e.g.,
San Francisco) or stating the policy direction to require coordination of projects in the
roads and rights-of-,way, leaving specific implementation and management to designated city
officials (e.g., Director of Public Works) on a less formal basis than specific ordinance
16
requirements. The latter approach may work best for Chula Vista, given that several departments
have responsibilities in or regarding the public rights-,of-,way. Magellan Advisors recommends
that the City take this approach to coordinate of projects in the rights-of-way to promote
29 ht house. I aitio n::-,to-red u�ce-cost-of-
np.s,//
........g..s h.:..o o......................................................
gx�an d i�n--�br o a�db co�nd
30 Id.
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expansion of broadband infrastructure, reducing disruptive repeated excavations which cause
traffic disruption, road deterioration, service disruptions and wasted resources.
A draft Dig Once policy is attached as Appendix A.
Chula Vista's Developer's Agreements could be updated. Dig Once / Joint Trench policies could
be developed and finalized. Additional requirements to be considered include:
Requirement to coordinate installation, construction and maintenance work in the rights-
of-way with the City, and with other utilities;
• Requirement of all occupants of the rights-of-way to submit plans quarterly for
major excavation work in the next �[12 months] to the City Engineer, in an
acceptable format;
Recognize it is an estimate and plans do change;
Provide for protection of confidential business information;
• 'The plans of all occupants of the rights-of-way are reviewed by the City Engineer
to identify conflicts and opportunities for coordination of activities.
Notification of all providers of'the opportunity to join the open trench and to coordinate
efforts for multiple parties to join the dig;
Provision for installation of public utility infrastructure (e.g., conduit, tube, duct or other
structure for enclosing telecommunications fibers, wires, cables) in each excavation
exceeding a set distance (e.g., 300 linear feet) (with exemption for good reason granted
by the City Engineer);
Provision of specified conduit space for the City for its use; and,
Imposition of a moratorium on excavations affecting City roads for five years following
new pavement.
Furthermore, the City could consider requiring any licensee who is permitted to install facilities
underground to provide duct/conduit space for the City's use to extend its network. The City
could use the following language in policy or ordinance to express that requirement:
When aGrantee is installing communication infrastructure in City property licensed under this Title,
the City, in the sole discretion of the Directors, may require said Grantee to also install conduit, inner
duct, and fiber-optic cable ("'underground communications infrastructure') on behalf of the City. A
Grantee is required to obtain confirmation in writing from the City about whether the City requires
the installation of underground communications infrastructure for areas located within the Grontee's
proposed construction plan.
1. In addition, to the installation of underground communications infrastructure., the Grantee
may be required, in the sole discretion of the Directors, to instGlt such vautts, manhote�s,
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hond-holes, ond other oppurtenonces ond focilities os ore necessory or needed to
occommodate instollation and connection of underground communicotions infrostructure.
2. All construction and instollotion required in this Section sholl be accomplished by the
construction stondards set forth in this Chopte�r.
3. All underground communicotions infrastructure installed by Grantees shall be conveyed ond
dedicoted to the City either with or os port of the dedication of the public street ondlor rights-
of-woy to the City.
4. The City will bear a pro rota share of the materiols costs associoted solety with underground
communicotions infrostructure thot is instolled for the City's use ond monogement.
5. All Grontees sholl be required to use ovoilobte dork fiber (currently unused fiber-optic
stronds) within then existing infrostructure or to tocote their cobte, wire, or tines within such
ovoilobte existing conduit unless it con be demonstroted to the reosonoble sotisfoction of the
Directors thot such use or locotion is not technologically feasible or reasonobly practicobte.
Fiber-optic cobte and stronds os we�tt as conduit shott be allocoted to the Grontee�s on a first-
come, first-served bosis;provided, thot the City moy reserve copocity within such fiber ond
conduits for its own use; ond provided further, thot the Directors moy reosonobly odopt
odditional rules for fiber-optic cable or strand ond conduit allocation in order to ensure thot
ott Gronte�e�s have reasonable occe�ss to the City's rights-of-ways and that no barrier to entry
or competition result from the ottocotion of cobte, strGnd, or conduit spoce.
6. The City reserves the right to charge reasonoble fees for the use of fiber-optic cable ond fiber-
optic network conduit ond ottendont occessories, focitities., ond infrostructure instotted
pursuont to this Section, to the extent consistent with ond os limited by federol ond stote
tows ond resolutions.
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13. Wireless Systems Security
13.1 BACKGROUND AND GENERAL REQUIREMENTS
Municipal governments must meet rising needs for city services on ever tightening budgets. For
many cities with a reduced tax base and federal or state subsidies, the challenge is to maintain or
improve basic services and public safety with fewer personnel.As in any enterprise, efficient access
'to data, network resources and the Internet is a necessity, not an option, for improving
productivity with fewer resources. One significant difference between municipal governments and
many enterprises, however, is that many City services are performed outdoors. Tasks such as the
following are performed outside of a City government building,where access to a reliable network
is not a given:
• Building and fire code inspections
• City parks and recreational facility upkeep
• Code enforcement
• City maintenance
• Traffic monitoring, community policing, and other public safety duties
Delivering reliable, high-speed network access outdoors is much more problematic than providing
this kind of access inside a building. Adding to the challenge is the desire of many local
governments to go beyond baseline services and do more for their citizens and community.
Initiatives to stimulate economic development, making technology accessible to more
constituents, or encourage tourism are widespread, based on the principle that a vibrant local
economy and residential base will improve the financial health of the City.
One common theme of these initiatives is affordable broadband access—in downtown areas
where economic revitalization is the goal, in residential neighborhoods where the current
broadband offering may not be within the means of lower-income families, and in business
districts that want to attract conferences, business travelers, and tourists. But delivering this access
is another matter. Incumbent service providers may not provide affordable access to all areas. In
some cases, broadband access may not be available at all, especially in lower-income or less
populated areas.
Delivering network connectivity to mobile public safety and City personnel raises a whole new set
of challenges. With no fixed location, users face two choices: either return to an office to gain
network access or use wireless cellular wide area networks (WANs). Having to return to the office
is not efficient—the time and travel required from the field to a building for network connectivity
result in undue delays. The effectiveness of WANs depends upon the application and data needs.
WAN download and upload speeds are typically much slower than LAN speeds. For tasks that
require large files, pictures, and video, using a WAN connection may be more frustrating than
returningto an office.
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13.2 PROPOSED SOLUTION F"RAMEWORK
An alternative method of providing cellular communication services is to deploy high-speed
wireless networks based on the IEEE 802.11 standards, also known as wireless LANs (WLANs) or
Wi-Fi. When multiple access points are used to cover outdoor areas, they are commonly referred
to as wireless mesh networks. However, deployment of a wireless mesh network may raise
questions about the ability to extend the City's network outdoors and keep it secure. While the
wireless medium has specific unique characteristics, IT managers can take comfort in the fact that
essential WLAN security measures are not very different from those required to build strong wired
network security. 'Thus, by employing the proper WLAN security measures, IT administrators can
maintain corporate privacy. 'This paper discusses different users, applications, and deployment
models for wireless technology for outdoor wireless network deployments
13.2.1 Outdoor Wireless �Network Applications and User Types
Understanding the different users and the anticipated applications for a wireless network is an
important first step in any discussion of security measures. As with an indoor enterprise network,
different types of users and applications necessitate different security measures. In general, there
are three basic usage models for outdoor wireless networks:
• Municipality and city agency applications
• Public safety applications
• Public use applications, including use by residents, businesses, and tourists
Municipah-ty and City Employee Ap�lplications
For many cities, streamlining workflow in the field represents an enormous potential reduction in
manpower and increase in productivity. A primary goal is enabling employees to remain in the
field instead of having to return to a central office to receive the nextjob or modify their route as
a result of changing conditions. Using wirelessly enabled PDAs or laptops allows city personnel to
receive job assignments, plans, or research material or equipment databases while in the field.
Bar-code scanners can be used for asset or service 'tracking and can provide instant updates to
other team members. With wireless mobility, city personnel can become more responsive to ad-
hoc assignment changes.
Another important application is automatic meter reading,which is currently a time-intensive task.
A wireless network can aggregate data from automatic meter reading (AMR) solutions in areas of
a city where a fiber network may not be available. This eliminates the need for manual reading,
which is not only expensive, but may also be a safety risk for meter reading personnel. Even if
meter reading is currently accomplished wirelessly by personnel in the field, significant time and
money can be saved by eliminating this step. Another use of AMR is the real-time monitoring of
water and electricity usage data, creating more visibility into consumption. With real-time
monitoring, agencies can determine if a high usage of electricity or water at any given time could
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be a result of faults in the system, such as water leakage from broken pipes. A quick response can
improve customer satisfaction with the agencies' performance in emergency situations.
Public Safety Applications
Public safety applications cover a broad spectrum of potential users: police, fire, emergency
medical services, 911 centers, airports, and transit agencies. These users need levels of system
coverage, capacity, security, and control that commercial carrier systems often cannot achieve.
What's more, public safety agencies are often accustomed to deploying and managing their own
private systems. Some examples of applications that improve the effectiveness of public safety
agencies include the following:
• Mobile data access—Immediate full-text access to DMV records, warrants, mug shots,
criminal records, and Amber Alerts (high-priority bulletins about missing children) to speed
decision making and increase safety.
• Streaming video and digital images—Video surveillance from government buildings and
businesses to gauge the nature of the response needed.
• Building schematics and plans—immediate access to schematics and plans as critical aid to
fire safety personnel in search and rescue operations.
• Ad-,hoc wireless networks—Critical for facilitating local communication among emergency
responders.
Mobile devices, such as laptops, tablets, personal digital assistants (P�DAs) and smart phones, are
most commonly used for these applications. 'The devices are generally used in response vehicles,
or "ruggedized" for use outside the vehicle. Because of the highly sensitive nature of much of the
information, security measures for these applications must be much more stringent than for
municipal or public usage applications.
Public Use Applications
Public use applications represent the most widely discussed area of outdoor wireless networks
based on Wi-,Fi. 'The permutations range from free, pervasive outdoor deployment in city centers
for use by anyone to daily fee-,based systems to monthly subscriptions for businesses and
residents in select areas. Applications using the network therefore will be broad, but in general,
the primary goal is to provide a high-speed broadband connection with the security of that
connection left up to the user. While the laptop is currently the primary device for connecting to
the network, a wide range of devices that are designed to connect to public Wi-Fi networks are
becoming available. Examples include mobile data devices such as the RIM Blackberry, phones
'that operate as Wi-,Fi and even cameras that are enabled with embedded wireless LAN clients.
Mu[-O-Use Networks Are Becarning Standard
An initial network deployment may begin with a single user and application type to prove out the
design but will likely quickly migrate to a multiuse scenario. Even if this is not specifically planned
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for, the impact Wi-Fi has on outdoors is much the same as indoors. Once awareness of an outdoor
WLAN exists, there is an almost immediate desire by multiple constituencies to use it. The
implication for those planning and designing the network is enormous: the infrastructure must be
able to support multiple users with varying endpoint devices that will likely require different
authentication and security methods.
Outdoor Wireless Deploymen't Archi"tectures
A few highly publicized plans to cover entire cities with Wi-Fi have received significant attention;
however, multiple deployment models exist. Outdoor wireless LAN deployments fall into one of
three distinct categories: hotspots, hot zones, or a pervasive wireless deployment. Each type of
deployment has distinct requirements 'that require sufficient hardware and personnel to
implement and support.
Hotspots
Hotspots are characterized by a deployment of a single access point. 'The term is commonly used
to refer to a single wireless LAN access point within a cafe" or restaurant, but it is also applicable
when that access point is deployed outdoors. In fact, many cities find the simplest entry point into
an outdoor wireless network is to create hotspots of coverage outdoors around government
buildings—fire stations, police stations, courthouses, field service depots, and so on—,allowing
city personnel to gain high-speed connectivity at various locations around town without having
to return to headquarters.
Hot Zones and Pervasive Wireless Deployments
Deploying multiple access points to create a single contiguous coverage area creates a hot zone.
Hot zones typically concentrate a wider coverage in dense areas with a higher capacity to support
many users. Downtown business districts, city government campuses, recreational parks and
venues, and harbors or marinas are all common locations for WLAN hot zones. Pervasive wireless
deployments are simply extensions of hot zones across an entire municipality or a significant
portion of it. Aside from the obvious increase in access points needed with a larger deployment,
the main difference between a hot zone deployment and a pervasive wireless deployment is the
requirement for more backhaul points of broadband connectivity to the edge access points,
allowing data traffic to move more quickly to the Internet and reducing congestion at the access
level.
Because hot zones and pervasive wireless deployments consist of multiple access points, these
deployments must support two requirements:
• Uninterrupted roaming of mobile devices across multiple subnets
• Easy backhaul connectivity for the access points
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Uninterrupted �Roaming of Mobile �Devices Across Multiple Sub�nets
Larger outdoor wireless deployments are likely to place access points across subnet boundaries.
Similar to an indoor wireless LAN deployment, outdoor wireless deployments require the
infrastructure 'to support uninterrupted connectivity as a mobile device roams across a subnet
boundary. The software client allows applications 'to stay active when a user travels between
wireless (Wi-Fi or cellular) coverage areas. P�olice, fire, and emergency responders requiring real-
time data or video feeds and transportation system telemetry are all examples of situations in
which devices need to maintain mobile connectivity across large geographic distances.
Easy Backhaul Coin inectivity
'There are multiple reasons for limiting the requirement for backhaul to each access point when
deploying a hot zone or pervasive Wi-,Fi network. Wireless access points typically have a range of
1000 to 2000 feet outdoors, depending on the density of buildings, foliage, and other obstacles;
as a result,they must be placed fairly close together to create pervasive coverage.A good average
estimate for many suburban cities is 20 to 25 access points per square mile.The higher the access
point is placed, 'the better its range will be. Desirable mounting sites include utility poles, water
'towers, and the top of city buildings. Existing backhaul at these types of sites is highly unlikely.
And the cost of providing network connectivity to these sites is much higher than pulling cable
inside a building. To address this problem, linking access points over the wireless medium, also
known as mesh networking, allows significant reduction in the number of backhaul points,
dramatically reducing the cost of a hot zone or pervasive wireless network.
Other Security Cansideratians
Layer 2 and layer 3 encryption methods are considered by many experts as not good enough for
protecting valuable data like passwords and personal emails. Those technologies add encryption
only to parts of the communication path, still allowing people to spy on the traffic if they have
gained access to the wired network somehow. The solution may be encryption and authorization
in the application layer, using technologies like secure socket layers (SSQ, secure shell (SSQ, Pretty
Good Privacy (PGP), and similar encryption technologies.
'The disadvantage with the end-to-end method is, it may fail to cover all traffic. With encryption
on the router level or VPN, a single switch encrypts all traffic, even UDP and DNS lookups. With
end-to-end encryption on the other hand, each service to be secured must have its encryption
"turned on", and often every connection must also be "turned on" separately. For sending emails,
every recipient must support the encryption method, and must exchange keys correctly. For Web,
not all web sites offer https, and even if they do, the browser sends out IP addresses in clear text.
'The most prized resource is often access to the Internet. An office LAN owner seeking to restrict
such access will face the nontrivial enforcement task of having each user authenticate themselves
for the router.
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Perhaps the most rigorous security to implement into WLAN's today is the 802.11 i RSN-,standard.
This full-fledged 802.11 i standard, however, does require the newest hardware), thus potentially
requiring the purchase of new equipment. This new hardware required may be either AES-WRAP
(an early version of 802.11 i) or the newer and better AES-CCIVI P-equipment. One should make
sure one needs WRAP or CCIVIP-equipment, as thetwo hardware standards are not compatible.
Wi-Fi 5 and Wi4i 6
'The next generation of Wi-Fi, known as Wi-Fi 6, isn't just a simple speed boost. Its impact will be
more nuanced, and we're likely to see its benefits more and more over time. This is less of a one-
time speed increase and more of a future-facing upgrade designed to make sure our speeds don't
grind to a halt a few years down the road.
Wi-Fi 6 is the next generation of Wi-Fi. It'll still do the same basic thing —connect to the internet
—,just with a bunch of additional technologies to make that happen more efficiently, speeding
up connections in the process. Current speeds are 9.6 Gbps which is up from 3.5 Gbps on Wi-,Fi 5.
But the fact that Wi-Fi 6 has a much higher theoretical speed limit than its predecessor is still
important.That 9.6 Gbps doesn't have to go to a single computer. It can be split up across a whole
network of devices. That means more potential speed for each device. Until recently, Wi-Fi
generations were referred to by an arcane naming scheme that required you to understand
whether 802.11 n was faster than 802.11 ac, and whether 802.11 ac was faster than 802.11 af, and
whether any of those names werejust made up nonsense. (Answer: sort of.) To fix that, the Wi-Fi
Alliance decided to rename Wi-Fi generations with simple version numbers. So, the current
generation of Wi-,Fi, 802.1 lac,turned into Wi-,Fi 5.'This new generation, previously called 802.1 lax,
is now Wi-,Fi 6. You probably won't hear the Wi-,Fi 5 name used very much since it's been around
for five years and just got that name in October 2018. For Wi-,Fi 6, you might see the 802.1 lax
name here and there, but companies largely seem to be on board with using the simplified naming
scheme. Instead of boosting the speed for individual devices, Wi-Fi 6 is all about improving the
network when a bunch of devices are connected. 'That I s, an important goal, and it arrives at an
important ,time: when Wi-,Fi 5 came out, the average US household had about five Wi-Fi devices
in it. Now, homes have nine Wi-Fi devices on average, and various firms have predicted we'll hit
50 on average within several years. Those added devices take a toll on your network. Your router
can only communicate with so many devices at once, so the more gadgets demanding Wi-Fi, the
more the network overall is going to slow down.
Wi-Fi 6 introduces some new technologies to help mitigate the issues that come with putting
dozens of Wi-,Fi devices on a single network. It lets routers communicate with more devices at
once, lets routers send data to multiple devices in the same broadcast, and lets Wi-,Fi devices
schedule check-ins with the router.Together,those features should keep connections strong even
as more and more devices start demanding data. The story starts to change as more and more
devices get added onto your network. Where current routers might start to get overwhelmed by
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requests from a multitude of devices, Wi-Fi 6 routers are designed to more effectively keep all
those devices up to date with the data they need.
Wi-Fi generations rely on new hardware, not just software updates, so you'll need to buy new
phones, laptops, and so on to get the new version of Wi-Fi. New devices will start coming with
Wi-Fi 6 by default.As you replace your phone, laptop, and game consoles over the next five years,
you'll bring home new ones that include the latest version of Wi-Fi.
'There are two key technologies speeding up Wi-Fi 6 connections: MU-MIMO and OFDIVIA. MU-
MIMO, which stands for "multi-user, multiple input, multiple output," is already in use in modern
routers and devices, but Wi-Fi 6 upgrades it. 'The technology allows a router to communicate with
multiple devices at the same time, rather than broadcasting to one device, and then the next, and
the next. Right now, MU-MIMO allows routers to communicate with four devices at a time. Wi-Fi
6 will allow devices to communicate with up to eight. 'The other new technology, OFDIVIA, which
stands for"orthogonal frequency division multiple access,I/ allows one transmission to deliver data
to multiple devices at once. In practice, this is all used to get more out of every transmission that
carries a Wi-Fi signal from a router to your device.
Wi-Fi 6 can also improve battery life. Another new technology in Wi-Fi 6 allows devices to plan
out communications with a router, reducing the amount of time they need to keep their antennas
powered on 'totransmit and search for signals. 'That means less drain on batteries and improved
battery life in turn. This is all possible because of a feature called 'Target Wake Time, which lets
routers schedule check-in times with devices. This feature is meant more for smaller, already low-
power Wi-Fi devices thatjust need to update their status every now and then. (Think small sensors
placed around a home to monitor things like leaks or smart home devices that sit unused most of
the day.)
Wi-Fi 6 also means better security. Last year, Wi-Fi started getting its biggest security update in a
decade, with a new security protocol called WPA3. WPA3 makes it harder for hackers to crack
passwords by constantly guessing them, and it makes some data less useful even if hackers
manage to obtain it. Current devices and routers can support WPA3, but it's optional. For a Wi-Fi
6 device to receive certification from the Wi-Fi Alliance, WPA3 is required, so most Wi-Fi 6 devices
are likely to include the stronger security once the certification program launches.
1 �3.3 C 0 11M C 11 U S 110 N
Outdoor wireless networks based on IEEE 802.11 can provide a simple, low-cost method for cities
and public safety agencies to improve productivity and operate more efficiently, while staying
within budget. A variety of applications and users can securely and simultaneously exist on the
network, ensuring the fastest possible return on investment. The wireless network delivers a
unified, consistent set of network features that allow customers to bring wireless to their existing
wired solutions and to extend intelligent network features and capabilities to mobile users across
the City.
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14. Governance
In this section, Magellan Advisors recommends two primary governance and oversight programs
to provide better strategic guidance and to improve project execution through more standardized
project management processes.
14.11 0 P,, G 0 V 1117:::,:,R N A N C E P�1111 0 G R A M F 0�1111 I'T 0 V E R S 11 G 11 1'T
Chula Vista should formalize an Information Technology Governance Program (IT Oversight) to
provide governance and management guidance to the City's telecommunications and network
plans, helping to enable Smart City initiatives within City government. This IT Oversight would be
focused on continuing to meetthe needs and demands of City operations, prioritizing strategic
initiatives for Information and Technology Services(ITS), bringing value to Chula Vista government
operations while providing enabling infrastructure enhancements to support Smart Cities
initiatives.
Chula Vista should plan and execute the following tasks, at a minimum:
Create an IT Oversight Committee, charged with providing executive level input on
priorities, spending allocations, and strategic initiatives. Membership in the Committee
should include, at a minimum,these individuals or their designees: Director of Information
and Technology Services (ITS); Director of Public Works; Director of Finance; Director of
Economic Development; 'Traffic Engineer; City Manager's representative; and any others
City chooses to include.
Create and ratify a Charter for the IT Oversight Committee, along with defined roles,
responsibilities and procedures.
Develop infrastructure for collecting requests for strategic projects,which include initiative
descriptions; identified sponsors; high-,level objective statements; rough estimates of
capital costs (for implementation) and operating costs (for ongoing support); and
preliminary identification of possible affected departments.
Develop a scoring metric to evaluate all proposed strategic initiatives.
Schedule semi-annual meetings, with outputs aligned with operating and capital budget
cycles, for initiative prioritization (quarterly meetings might be too frequent).
Develop a formal plan and schedule for executing all these tasks.
14.2 DEVELOP RROJECT MANAGEMENT GUIDELINES
Chula Vista should consider establishing a basic Project Management Office (PMO) to define
standard processes for high-priority projects. These standard processes could be based upon, or
derived from,the Project Management Institute's(PMI's) Project Management Book of Knowledge
(PMBOK).'The foundation for project execution should be the implementation of project charters,
scope and deliverable statements, framework for requirements, well-defined testing
methodologies, and well-,defined signoff on acceptance.
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'These project management guidance initiatives can be informed by awareness of Agile and Scrum
techniques and need not be burdensome.
14.3 11P, 0 L II C Y III I E V E L 0 11P, M N T
Chula Vista already has defined processes for reviewing proposed policies and for collecting input
from affected internal departments and members of City management. These policies are
reviewed by department heads, by City Attorney's Office, and by members of City Manager's
Office. Preparation of Staff Reports and presentation to City Council for review and approval.
Magellan recommends that this policy development process be documented and formalized.
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15. Valuation of Ci*ty Assets
In valuing city assets to support smart city activities, the City of Chula Vista should consider the
Federal Communications Commission's (FCCs) Small Cell Wireless Order, the "Declaratory Ruling
and Third Report and Order/1 ("Order"), FCC 18-133. This order was adopted by the FCC on Sep
26, 2018 and went into effect in January 2019.The ruling is now pending review and appeal in the
Ninth Circuit Court.
'The Order provided guidance to municipalities and other entities in three areas related to 5G
communications, especially small cell attachments. First, the Order mandated accelerated shot
clock review processes for wireless carrier applications. For existing poles and other attachment
bases, the shot clock was reduced to 60 days for city review and approval; for new poles, the shot
clock deadline is 90 days. The report details the bases on which a municipality may challenge a
permit application but imposes specific turnarounds within the shot clock window. There are no
extensions for large batch applications of pole attachment.
Second, the Order provided guidance on the sizes of attachmentsto poles, which cannot exceed
28 cubic feet in volume. In addition, it provided flexibility to a municipality defining and publishing
aesthetic guidelines for poles and attachments. Those must be publicly available to any wireless
carrier.
Third, the Order defined limits on permitting fees and on recurring annual pole attachment
revenues for small cell, or 5G, attachments to support smart city initiatives. For permitting fees,
the Order set a minimum fee of $500 for an application of up to five (5) poles, with an additional
$100 per each additional pole. (For the fee discussion, poles may be defined as streetlights, traffic
lights, or any other municipally owned asset.)
For recurring annual pole attachment fees,the Order is much more interesting. It sets a safe harbor
rate of$270 per pole per year as a safe harbor which cannot be challenged. However, that can be
seen as a safe floor rate.The Order indicates that a jurisdiction could justify a higher pole revenue
fee if the direct costs of maintaining the set of poles is documented and can be shown to be
higher. Nothing in the Order precludes negotiating a higher annual rate, mutually acceptable to
both Chula Vista and the carrier. In fact, the carrierls only recourses in the event it perceives the
rates are too high are to:
Walk away from the municipality—which seems in conflict with carrier's desire to enter the
City; or
Bring suit against the municipality — which brings all the costs and adverse optics of a
carrier wishing to do smart city business.
Neither option seems likely.There is consequently some pricing flexibility above the $270 per pole
per year recurring rate. The path of least resistance might be the $270 rate, however.
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Finally, there had been concern that the Order would void existing agreements in place for
recurring annual fees, such as the ones Chula Vista has in place with Mobilitie. However,the Order
did not address any existing agreements and so those remain in force. The lack of voiding
agreements was unsurprising as these are typically agreements between 'two parties (the
municipality and the wireless carrier) and the FCC did not intend to involve itself with all these
private agreements.
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16. Magellan Advi"sors' D i*sclaimers
Magellan Advisors'Legol Disclaimer
This report(including any enclosures and attachments) has been prepared for the exclusive use and
benefit of the Client and solety for the purpose for which it is provided. Unless Magellan Advisors
provides express prior written consent, no port of this report may be reproduced, distributed or
communicote�d to any third party. Magellon Advisors does not accept any liability if this Report is
used for on alternative purpose from which it is intended, nor to any third party in respect of this
report
These materials hove been prepared for informotionot purposes onty and concern hypothetical
ondlor historical situations. The information is not intended as and should not be construed to
provide any legal advice as Magellan Advisors does not provide legal services. Magellan Advisors
and its directors, e�mploye�es, contractors or associates shall not be liable for any direct or indirect
consequential loss suffered by any person or organization as a result of using or retying on any
statement in or omission from this Report(including any enclosures and attachments).
Magellan Ad'visors'Discloimer on Financial Information, Assumptions, Forecasts and Risks
Magellan Advisors" financial models, estimates,, forecasts and related financial and business risk
onotyses hove been prepared for use solety by Magellan's Client in understanding the financial
aspects of proposed broadband and telecommunications projects. Magellan accepts no responsibility
or liability towards any third party in respect of this information or related content in this Report.
This information is subjective in many respects, and, thus, susceptible to multiple interpretations and
periodic revisions based on actual experience and business developments.
The financial information contained in this Report contains a significant number of subjective
forecast assumptions including, but not limited to., subscriber take rates., rote structures, fixed and
variable costs, costs of capital and related assumptions. An deviation from the subjective forecast
Y
assumptions is likety to lead to results that ore significandy different than those projected in the
Report. Additionally, other events that are not explicitty allowed for in the Report and financial
onotysis moy lead to significontty different returns or values.
Neither the financial information contained herein nor its outputs necessarily represent the opinion
of value or future investment returns that ore achievable. The financial information prepared by
Magellan Advisors in this Report is provided for the sole purpose of indicative results based on a
given set of assumptions. Neither Magellan Advisors itself nor its directors, employees, contractors
or associates shall be liable for any direct or indirect conse�que�ntiot toss suffered by any person or
organization as a result of using or re�tying on any statement in or omission from this financial
information or any information provided in connection herewith.
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Appendix A Dig Once Po'.1icV, Including , [oi*nt
'.rrench
40
PURPOSE.
The purposes of implementing a Dig Once policy include:
Protecting newly and recently paved roads and sidewalks
Ensuring efficient, non-duplicative placement of infrastructure in the Public Rights of
Way (PROW)
Minimizing the impact of construction on residential and commercial communities
Reducing overall costs of all underground work in the PROW by capitalizing on
significant economies of scale
Enhancing the uniformity of construction
Leveraging construction for the deployment of a public communications network
BACKGROUN�13,-,
Encouraging simultaneous underground construction and co-location of infrastructure in the
PROW creates benefits both the communityand all users of the PROW. The excavation of roads and
cutting of sidewalks substantially reduces the lifetime and performance of those surfaces.
Furthermore, each excavation diminishes the space available for future infrastructure. While aerial
construction methods requiring attachments to utility poles are usually less expensive than
underground construction, aerial installation have significant drawbacks, including a limit to the
quantity of cables and attachments that can be placed on existing utility poles in more crowded
areas, lack of ownership of overhead infrastructure, and greater exposure to outside conditions.
Underground construction, using protective conduit, generally provides scalable, flexible, and
durable long-term infrastructure.
POLICY DIRECTIVE.-,
1. Unless waived by the Public,Works Director because of undue burden, or an unfavorable cost-
benefit analysis,or the consideration of'other relevant factors,the PROW Excavator/Permittee
will install two 3-inch diameter conduits for the following types of projects that has a minimum
continuous open trench length of'3,00 feet:
a) Excavations for the purpose of installing utilities, inc,luding but not limited to
communications/ electrical,.gas,. water,.wastewater., storm drainage.
b) Other excavations, or work on public property or in the public right of'way that provide a
similar opportunity to install conduit for future use.
2. Unless the Public Works Director determines otherwisel the typical standard installation
requirements are listed below:
a) Pipe diameter 34nch nominal.
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b) Made of PVC Schedule 40 material.
c) Laid to a depth of not less than 18 inches below grade in concrete sidewalk areas.,and not
less than 24 inches below finished grade in all other areas when feasible,or the maximum
feasible depth otherwise.
d) When feasible and needed, install minimum 3-foot radius sweeps and bends.
e) When practicable, furnish with 10 AWG insulated tracer wire inside at least one pipe and
an external "warning," ribbon tape a minimum of 3-inches above the conduit.
All conduit couplers and fittings shall be installed to be watertight. Conduits shall be sealed
with endc,aps upon installation.
3. Conduits installed will be owned by the City.
4. A record of all City-owned conduits will be documented and transferred to the City for
geographic information system (GIS) entry whenever feasible.
5. The PROW Excavator/Permittee should make a documented effort to work with other utility
agencies co-locate infrastructure in same trench whenever feasible to minimize, construction
costs,, minimize future public disruptions and encourage efficient use of'the PROW.
6. Each utility shall participate in periodic coordination meetings as �requested by the City with
other utilities and affected public agencies.The purpose of these meetings shall�beto coordinate
activity between public,works projects and utility projects in the PROW.
Effective Date:TBD
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Appendix B ROME Data Center Sup-port
I
'This Appendix enumerates the minimum data required to be managed to provide the controls
enumerated in Section 3, "Data Center"
�B.1 Environmental Controls
Objective: An organization should implement critical supporting utilities, such as climate control,
fire suppressants and backup power supplies needed to support,the business.
Risk Stalte�menit: 'The absence of environmental controls may result in the organization being
more susceptible to business interruptions.
Contro!: Facilities housing scoped data, scoped systems and or physical media are protected with
environmental controls.
B.1 ENVIRONMENTAL CONTROLS Detafls
Ge�neraI Pe�riimete�r: J
Climate control system
Thermostat sensor
Raised floor
Smoke detector
Heat detector
Fluid or water sensor
Fire suppression system
Uninterruptible Power Supply (UPS)
Battery
Generator
Remote Monitoring
Sewre Pe6melter:
Climate control system
Thermostat sensor
Raised floor
Smoke detector
Heat detector
Fluid or water sensor
Fire suppression system
Uninterruptible Power Supply (UPS)
Battery
Generator
Remote Monitoring
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�B.2 Physical Security Controls
Objective: An organization should ensure that physical access to data or systems is restricted by
layered security controls and that only authorized personnel are allowed access to restricted areas.
Risk State�ment: An organization should ensure that physical access to data or systems is
restricted by layered security controls and that only authorized personnel are allowed access to
restricted areas.
Controk Facilities housing scoped data, scoped systems and physical media are protected with
physical security controls.
B.2 PHYSICAL SECURITY CONTROLS Details
no .
[m�meaialte Pe6mete�r:
Camerat'o monitor physical access to immedi rimeter
Badge, biometric readers or locked doors requiring a key or
PIN on all points of entry
Access logs
Alarm system (motion, infrared or other detection
mechanism for unauthorized entry)
Cage or walls that completely enclose the immediate
perimeter
Sec�u�rie Pe6meter:
Alarm system (motion, infrared or other detection
mechanism for unauthorized entry)
Mounted camera at points of entry
Anti-ta ilgating/a nti-piggybacking mechanisms at each
point of entry
Walls extend from true floor to true ceiling
Securi�y guards at each unlocked point of ent�y
Badge, biometric readers or locked doors requiring a key or
PIN on all points of entry
Access Logs
General Perimeter:
Mounted camera at oints of ent�y
Anti-ta ilgating/a nti-piggybacking mechanisms at each
point of entry
Security guards at each unlocked point of ent
Badge, biometric readers or locked doors requiring a key or
PIN on all points of entry
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B.2 PHYSICAL SECURITY CONTROLS De�taills
Access Logs
Exte�rna! Pe6mete�r:
Defined bounda�y or property line
Physical barrier
Signage identifying the facility as a data center is not
present
Mounted camera at points of entry
An�ti-,�tailgating/anti-piggybacking mechanisms at each
point of entry
Securi�y guards at each unlocked in't of ent�y
Badge, biometric readers or locked doors requiring a key or
PIN on oints of ent�y
Access logs
Obtain from the organization CCTV images from the past
30 days, and re rt if images requested are present
Inspect the constituents you come in contact with for
evidence of photo ID badge being visibly displayed on
constituents while within company facilities
Number of constituents where photo badge is not present
�B.3 Secure Workspace �Program
Objective: An organization should ensure that protecting the secure workspace environment is
part of the physical security and risk management programs.
Risk State�ment: The absence of a secure workspace program may result in the organization's
inability to identify appropriate procedures to secure the workspace environment.
Controk A formal enterprise risk governance program is aligned with the business environment
and organizational strategic objectives.
B.3 SECURE WORKSPACE PROGRAMS Detaiis
Electronic writing instruments
Cell phones, PDAs or smartphones
Cameras
Personal recording devices
Printing privileges limited to persons with a role-based need
to print
Internet access limited for business
rNs
Policy prohibiting automatic update
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B.3 SECURE WORKSPACE PROGRAMS Detaiis
Provisions for hibiting peer-to-peer user networking
Provisions for the secure disposal of scoped data
Provisions for the secure storage of scoped data
Process to escalate security issues
Prohibition of external instant messaging
Prohibition of employees and contractors accessing public
external email servers
Prohibition of auto-forwardin mails
Prohibiting transmission of scoped data
Policy outlining clean desk and screen lock parameters
Approver's title
Date of last approval
Date of last policy review
�B.4 Secure Workspace �Perimeter
Objective: An organization should control ingress and egress�to/from the secure workspace. The
level of controls should be commensurate with the level of risk.
Risk State�rnent: The absence of a secure workspace perimeter may result in the organization
being more susceptible to unauthorized access to facilities housing scoped data, systems or
media.
Controk Organizations have implemented physical security control features to control ingress to
and egress from the secure workspace.
B.4 SECURE WORKSPACE PERIMETER Detaiis
Entry points:
Mounted carneria
Anti-tailgating (anti-piggybacking) mechanisms
Security guards
Locked door
Badge, biometric reader, key or PIN required for access
Walls that completely enclose the secure workspace
Physical inspection of bags upon entrance
Access log (physical or electronic)
Exit points:
Mounted camera
Anti-tailgating (anti-piggybackin echanisms
Securi��y guards
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B.4 SECURE WORKSPACE PERIMETER Detatis
Badge or PIN r ired for exit
Wallsthat completel close the secure workspace
Physical inspection of bags upon exit
E�me�rqenq exit points:
Mounted camera
Signage identifying alarm
Locked to prevent access from the outside in
Walls that completely enclose the secure workspac
13.5 Secure Workspace Access �Reporting
Objective: An organization should maintain access reports.
Risk Stateme�nt: The absence of access logging management may result in the organization's
inability to identify or report unauthorized access to secure workspaces.
Controk Access to secure workspace is logged and reports are maintained.
B.5 SECURE WORKPLACE ACCESS REPORTING Detatis
Access �logs:
Name
Date and time
Point of access
Company name
Sponsor/ of contact
Equipment
Date of last update of incident and access logs
Logs maintained for at least 90 days
13.6 Secure Workspace Compliance Inspections
Objective: An organization should complete periodic compliance inspections of the secure
workspace desktop environment.
Risk Stateme�nt: The absence of compliance inspection for the secure workspace desktop
environment may result in the organization's inability to identify ineffective practices, and loss or
compromise of information or assets
Controk Periodic compliance inspections of the secure workspace environment are conducted.
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B.6 SECURE WORKSPACE COMPLIANCE INSPECTIONS Details
Inspection program
Requirement to inspect 'the secure workspace
environment
Role(s) responsible for inspection
inspection reports created and maintained
Remediation action required on inspection findings
Frequency of inspection
Inspection results are reviewed as part of the
organization's security and risk management program
Inspect against a list of compHance checks whii6
includes:
Clean desk review
Externa! stora devices:
Mobile devices
Cameras
Screen lock on unattended desktops
Scoped data in common areas
Scoped data on or near printers
Inspection re�port:
Title of inspector
Date of inspection
Inspection notes or finding
Date of last inspection
Frequency of inspections
�B.7 Visitor Managernen't
Objective: An organization should establish a visitor management program.
Risk Staltment: 'The absence of adequate visitor management procedures may result in
unauthorized or unsupervised visitor access.
Contro!: An organization has a process in place for visitor's who visit the facility, which includes
the visitor presenting a valid government issued ID and display of a visitor's badge at all times.
B.7 VISITOR MANAGEMENT is
Detaiiis
Visitor management documentation:
Visitor sign-in process
Visitor escort process
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B.7 VISITOR MANAGEMENT Detatis
Visitor exiting process
Visitor's logs from the past 90 days:
Evidence of visitor signing in
Evidence of visitor signing out
Observe a visitor check in for evidence of the following
attributes:
Requirement to present valid government issued photo ID
Requirement to display a VISILor's badge
B.8 Business Resiliency
Gbjective: An organization should create and maintain in-depth business resiliency governance
policy, function and processes that documents overall expectations for the program, how the
program is to be executed and defines responsibility for each element of the program.
Risk Statement: The absence of a business resiliency governance policy to guide the risk
management program may result in a lack of clear direction and senior management involvement
to assure readiness to handle service disruptions and impact to the products and services provided
by the organization.
ControI: A formal policy is in place which establishes program objectives, responsibilities and
processes.
B.8 BUSINESS RESILIENCY Detafls
Individual Program owner
Requirement for annual (or more frequent) executive
manaciement review of business continuity key performance
indicators, accomplishments, risks and issues including:
Resource commitments including people, technology,
facilities, equipment, third party services and funding
Reporting of key program activity and value metrics,
Results of Business Continuity Progra�rn audits and
reviews, iincIudiing key sup�plliiers and partners as
ap�propriiate:
Results of exercising and testing
Lessons learned and actions arising from disr tive incidents
Required and satisfied competencies for person(s) working
within the Business Resiliency program
Defined repository for all business resiliency related plans and
I reference information
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B.8 BUSINESS RESILIENCY Detaii1s,
History of changes and related approvals made to all business
resiliency plans
Indication that the in-scope products and/or services fall
within the scope of the Business Resiliency program
Requirement for periodic (at least annual), �reviews of the
I foIllowing documents:
Business Resiliency Policy
Business Impact Analysis
Risk Assessment
C,
Business Continuity Plana
Disaster Recov Plans
Requirement for event-based reviews of Business
Continuity and/or Disaster Recovery Plans based on
major events or business changes incIuding, but not
limited to:
Recommendations from independent reviews of plans and
program
Changes in business activities, dependencies and related
recove�y ol�jectives
Changes in organizational structure and personnel changes
Emerging threats and identified new risks
Warning and communicatio rocedures, and abilities
Updates from the invento�y of IT and ,telecom assets
Requirement for periodic (at least annual) identification of
exercises to be undertaken over a defined plan horizon
Report titles of the business resiliency governance body
members
Report the titles of those that were not present at the last
meetin
Frequency of meetings
Dates of the last two meetings
B.91 Business Impact Analysis
Objective: An organization should conduct an assessment to prioritize all business assets and
activities, including their interdependencies, as part of a workflow analysis.This assessment should
also evaluate the potential impact of business disruptions resulting from uncontrolled, non-
specific events on the organization's business functions and activities.
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Risk Sta�tmmt: 'The absence of a business impact analysis may result in lack of prioritization of
business assets and activities, which could in turn prevent the necessary assets and activities from
being prepared to respond to a business disruption that impacts the continued availability of
critical products and services.
Controi: Business impact analysis is performed, maintained and reviewed by senior management,
as well as exercised periodically (at the minimum, annually), and upon material changes to critical
business functions and their required assets and dependencies.
B.9 BUSINESS IMPACT ANALYSIS Detaiis
Date of BIA completion or refresh within the past 12 months
Business activity or process criticality ratings (i.e., high,
medium or low; numerical rating) that distinguishes the
relative importance of each activity or process
Criticality ratings for cyber security related business activities
or processes
Identification of resource dependencies including
applications, data, network services, equipment, facilities,
third party services, personnel, supplies and paper documents
necessary for business activity or process recovery
Maximum acceptable outage/ Maximum Tolerable Period of
I Disruption for each Business Activity or Business Process
Recovery 'Time Objectives for critical and essential Resource
dependencies including application systems, network
services, third Party services and other resources
Recovery Point Objective for critical and essential resource
dependencies including application systems, data, and
content r ories
Identification of the Information Technology infrastructure
requirements supporting critical and essential application
systems and network services
Identification of capacity requirements for critical and
essential resource dependencies necessary to address
need s/expectatio ns, of all clients/customers
Identification of the impact of an activity or process outage
on clients/customers
Date of the BIA
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�B.1 0 Risk Assessment
Objective:An organization should create and maintain an in-,depth business risk assessment that
identifies and analyses the likelihood and impact of disruptive incidents to the organization and
its clients/customers.
Risk Statement: The absence of a risk assessment program may lead to unidentified threats and
treatments that result in business disruption.
Controk Risk assessments are performed, maintained and reviewed by senior management for
the critical resource dependencies identified by the business impact analysis.
B.10 RISK ASSESSMENT Detaiis
Malicious t�lhreats:
Fraud
Theft
Blackmail
Sabotage
Terrorism
Network Penetration
NaWrall thmats:
Floods or water damage
Severe weather
Infectious disease or ndemic outbreak
Accidental threats:
Fire
Air contaminants
Hazardous material release
Business or IT activity error
Technical fai6re t�h�rleats:
Hardware, software or equipment capacity component failure
Hardware, software or equipment capacity shortage
Cyber protection hardware, software or equipment failure or
malfunction
Exte�rnai action Wreats:
Business environment
Legal, regulatory or industry standard changes
Customer contract changes and cancellations
Asset types to include, but not limited to:
People (health and safety)
Information (electronic and paper)
Software
Hardware
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B.10 RISK ASSESSMENT Detaiis
N etwo rk
Network control (firewalls, a ces)
Facilities,(power, utilities, physical access controls)
Equipment (non-IT related)
Third party goods and services
Anallysis of risks identified to inciude:
Probability of occurrence
I m pact
Relevance (if applicable)
Determination of those risks requiring treatments.
Defined actions and assigned responsibilities on approved
treatments
Identified business activity risks associated with the
unavailability of systems, information, people, third parties and
facilities
Date of risk assessment
B.1 1 Business Activity �Level Recovery Planning
Objective: An organization should create business recovery plans that will effectively guide the
recovery of the critical business activities identified from the BIA.
Risk Statement: The absence of formal business recovery plans may result in critical business
activities not being recoverable within needed timeframes.
Controk Business recovery plans are developed, maintained and reviewed periodically (at the
minimum, annually) by senior management.
B.1 1 BUSINESS ACTIVITY RECOVERY PLANNING Detaiis
Date of last review and update within the past 12 months.
Specific business response and recovery strategies that
address the unavailability of critical resources including
reduction in available work force, unavailability of workplaces,
unavailability of IT and communication services, loss of data,
unavailability of third-party services.
Specific te6nollogy arcWtectures,, strategies and
capabifities in p1ace to facilitate recovery of criticai and
essentiai a�ppfication systems and network/infrastructure
services that may inciude:
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B.1 1 BUSINESS ACTIVITY RECOVERY PLANNING Detaiis
Networks are fully redundant, with at least two network paths
to any node, and for every network device, at least one other
redundant network device of the sametype
There is sufficient redundancy capacity 'that services are not
impacted in multi-tenancy environments during peak usage
and above
There is sufficient Volume or Disk partitioning to prevent
inadvertent resource bottlenecks from guest operating
systems
Availability modes that are aligned with recovery objectives
(e.g., systems with R'T0s, of 4 hours or less correlate to an
active/active architecture)
Action procedures or checklists to guide the initiation and
execution of the defined response and recovery strategie �
Inclusion of or link to the reference information needed to
undertake the defined action procedures
Inclusion of information security and IT operations activities
within the scope of the recovery plans
Identification of who within the organization has approved
the plans
Identification of who within the organization has received or
has access to the plans
Conditions for activating the plans_
Roles and responsibilities for personnel who invoke and
execute the plans
Means of communication (primary and alternate) for
designated recove�y teams
Procedures and authorities for notifying and sustaining
communications with customers/clients, that may be
impacted b a business disruption
Identified virtual, physical command centers where
management can meet, organize and manage emergency
operations
Identified primary, alternate personnel to lead recovery
efforts
Identificatim of depeMemies with third party providers
to imiude:
Documented contact information for key service provider
personnel
Within the past 6 months the contact information been
reviewed and u d
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13.11 BU�SINESS ACTIVITY RECOVERY PLANNING Detaiis
Procedures for incident notification and escalation
Procedures for ongoing communication in the event of a
disruption that impacts delivery of their products and services
Processes implemented to notify the service provider when
their Business Resiliency Procedures are modified
A list of critical vendors or subcontractors and/or dependency
chart(s) is available for customer/client review
Within the past 12 months each necessary vendor or sub-,
contractors has provided evidence or attestedtothe fact,that
they can fully recover and resume services within acceptable
timeframes following an IT disaster, information security
incident, or an incident impacting their facilities or work force
Priority access to resources from suppliers is contractually
secured in the event of an adverse situation, affecting multiple
customers of suppliers (e.g., fuel oil, recovery center space)
Date of last review
Title of reviewer
B.12 Backup Media �Restoration
Gbjective: An organization should have systems, applications and data available in the event of
an incident that compromises its production information technology operations. Backups or
replications of scoped data should be available to meet required Recovery Point Objectives. (RPO)
and Recovery Time Objectives (RTO).
Risk Staltment:The absence of processes and capabilities for the restoration of scoped data and
software may lead to a loss of ability to resume operations and the provisioning of services in the
event of corruption or loss of the primary data source.
Controi: An organization has implemented a backup or replication process for its systems,
applications and data in order to ensure successful restoration.
B.12 BACKUP MEDIA RESTORATION Detaiis
Specific te6hriollogy arcWtectures,, strategies and
capabifities in �plac�e to facillitate backu�p/re�pllication and
recovery of'critical and essential data that �may include:
How data and software backups and replications are
performed and monitored
Schedule for taking backups replicating data and for
ntification and resolution of errors
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B.12 BACKU�P MEDIA RESTORATION Detaiis
Process for daily validation of accuracy, completeness and
resolution of errors
Process for backup logging
Actions to be undertaken if there are exception alerts
Retention, location, and periodic verification of backup media
inventories and records of secured transport, verification of
receipt and.chain of custody
Environmental storage requirements for backup media
(onsite and offsite)
Policy for backup of production data and it includes
requirements for annual or more frequent testing of
restoration procedures and ca abilities
Report 'the attributes listed that are not present and 'the
I frequency of restoration testing
Obtain from the organization the list of backup media
generated within the last six months
From the list obtained, randomly select one item of onsite
media that contains readable files such as a text file,
document or s adsheet, which is greater than Ok in size
For the sample item selected, randomly select single readable
I file
Observe a representative of the organization restore the
selected file
Report if file could not be restored, or if contents of file were
corrupt
B.1 3 Exercise Business Continuity, Disaster Recovery Tests
Gbjective: An organization should conduct thorough exercises that validate the effectiveness of
business continuity and disaster recovery procedures and capabilities, the readiness of its
personnel to perform required actions and the viability of related communication mechanisms
and procedures.
Risk Statemmlt: 'The absence of exercising and testing may lead to unprepared individuals,
unanticipated delays in meeting recovery objectives, and/or unidentified gaps in the program.
Controi: Business resiliency and disaster recovery exercises are defined, scheduled, planned,
conducted and evaluated according to a consistent process. The problems identified are made
visible and documented with an associated remediation action plan.
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B.13 EXERCISE BUISI NESS CONTI N U1 ITY,, DISASTER RECOVERY Detaiis
TESTS
Prior audit and/or regulatory examinations and
recommendations
Procedures for defining, planning, executing and evaluating
exercises
Business Continuity reiated exercise options defined for key
disruption scenarios inciuding:
Unavailability of workplaces/ buildings
(e.g., work remotely, relocate to alternate wor ace)
Unavailability of work force
(e.g., reallocate work across available personnel)
Unavailability of I'T Services
(e.g., utilize alternative systems or manual means)
Unavailability of Network (e.g., outreach to im cted customers)
Unavailability of�third-party service
(e.g., utilize alternative third-party servic ider)
Disaster Recovery reiated exercise options defined for key
disruption scenarios inciuding:
Loss of production data center
etN
(e.g., failover to DR site and operate)
Loss of data stores (e.g., failover to replicated data stores)
Loss of recovery supporting personnel
(e.g., utilize third par�y for recove�y support)
Loss of network (e.g., failover to DR site and operate)
Loss of individual application
Cy�ber Resilience reiated exercise options defined for key
disruption scenarios inciuding:
Malware
Insider threats
Data or systems destruction and corruption
Communications infrastructure disruption
Simultaneous attack concurrent with third party service provider
Other exercise options, su6h as:
Notification and Communication
Joint with third party Service Provider
Joint exercises with customers/clients
Infectious disease/ pandemic outbreak
Recovery of information security controls that may be impacted
by disaster event
Severe weather
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B.13 EXERCISE BUISI NESS CONTI N U1 ITY,, DISASTER RECOVERY Detatis
TESTS
Evacuation
Unexpected higher than normal service levels during times of
wide-spread disaster
(e.g. extra cash in automated teller machines; computer
equipment in stock)
Replenishment of consumable resources that will be needed
during recove�y (e.g., electric generator fuel)
Recovery and continuity of information security operational
processes and controls that may be impacted by a non-,Disaster
Recove�y even
Recovery aM cont[nuity of IT operationa! processes aM
controIs that may �be impaded �by a non-Disaster Recovery
eve�nt. Examii�ne documentatiio�n for eviide�nce of exercise types
su6h as:
Tabletop/walk-thru:
Parallel processing/o ations
Partial interruption / limited scale
Complete interru ion /full scale
Typical business volumes/full capacity (daily, weekl c.)
[nspect the exercise specific documentaltion ob,tained for
evidence of the follllowii�nq aftr[bultes:
Observable and measurable exercise ol�jectives
Defined exercise scope to include specific capabilities and
I dependencies that have been excluded from scope
Prior exercise results
Formal statement of changes in business operations and/or
information technology (external and internal) since the last
similar scope exercise
Exercise Resutts aM Actiio�ns:
Outcomes linkedto stated exercise olpjectives
Root cause and lessons learned
Action/remediation plans have been identified for remediation
and communicated within the organization
Action/remediation plans that have been shared with
customers/clients,
If exercise rellalted procedures are preseM,, report the
foIllowing:
Procedures have been reviewed by a third party and/or an
internal auditor
,EDate of last review and update
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B.13 EXERCISE BUISI NESS CONTI N U1 ITY,, DISASTER RECOVERY Detaiis
TESTS
Name of the member of management who performed or oversaw
the review
Revision histor is not present
Report the name of the business activity sampled or the
nonexistence of business resiliency exercise procedures
E I I
�B.14 Infectious �Disease Planning
Gbjective: An organization should create and maintain infectious disease outbreak plans which
consider outbreaks impacting internal parties, third parties and customers.
Risk Sltateme�nit: 'The absence of formalized process 'to respond 'to infectious outbreaks could
result in the inability of the organization to continueto provide its products, services and related
support orto adapt to changes in demand by its customers impacted by an outbreak.
Controi: An infectious disease plan is established to define how the organization will prepare for
and respond to the pandernic and epidemic outbreaks that may or do impact the organization,
its personnel and ongoing operations.
B.14 INFECTIOUS DISEASE PLANNING Detaiis
Types of infectious diseases (e.g., influenza pandernic, Ebola,
measles) to which the plan relates
Action plans to reduce the likelihood and impact of outbreaks
degrading the delivery or quality of products and services
Action plans or strategies to address changes in customer
demand for products, services and related support
Inclusion of or link to the reference information needed to
undertake the defined action procedures
Identification of who within the organization has approved
the plan
Identification of who within the organization has received or
has access to the plan
Conditions for activating the plan
Roles and res nsibilities,for personnel who execute the plan
A defined exercise regime/schedule focused on key elements
of the plan
A date of last review and update within the past 12 months
Name of management member who performed last review or
if revision histo�y is not present.
Date of last review
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B.14 INFECTIOUS DISEASE PLANNING Detaiis
B.15 Business Insurance
Objective: An organization should ensure all applicable insurance coverage(s) is defined and
outlined within their business resiliency plan.
Risk SltatemeM: The absence of insurance could result in a financial loss to the company putting
at risk their ability to resume services to their customers in atimely manner.
Controi: Insurance coverages held by the organization are defined and outlined within their
business resiliency plan.
B.1 5 BU�SINESS INSURANCE Detaiis
Scope of coverage that includes all goods and services
received from the third party
Carrier
Policy Number
Policy Expiration Date
Agent Name
Agent Contact Information
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Appendix C Li*st of City Sites
'This Appendix lists all 'twenty-six City sitesto be connected to the Rings. It also includes park and
recreation center sites which may be optionally connected later.
Figure C-1 City Sites, and Laterai Plrio�rity 1
Site Name Street Address Priority Phase
Public Works (Data Center) 1800 Maxwell Rd I I
Civic Center Bldg A(City Hall Data Center) 276 4th Avenue I I
Police Department (Data Center) 3�1S 4th Avenue I I
Civic Center Bldg B (Traffic Mgmt Center) 276 4th Avenue I I
Civic Center Bldg C 276 4th Avenue 1 3
Civic Library 3�6S F Street 2 3
South Library 3,89, Orange Avenue 2 3
Animal Control 130 Beyer Way 3 3
Boys and Girls Club of'Chula Vista 1301 Oleander Av 3 3
Fire Station #3 1410 Brandywine Ave 3, 3
Fire Station #91 266 E Oneida St 3 3
Chula Vista Women's Club 3�S7 G Street 3 3
Fire Station #S 3,911 Oxford Street 3 3
Bonita Public,Safety Center 4180 Bonita Rd 3 3
South Bay Community Services 430 F St 3 3
Fire Station #1 447 F St 3 3
Chula Vista Community Youth Center 465 L St 3 3
Chula Vista Harbor 550 Marina Pw 3 3
Visitor Information Center 750 E Street 3 3
Fire Station #2 80 East J St 3 3
Fire Station #8 1180 Woods Dr 3 4
Fire Station #7 1640 Santa Venetia St 3 4
Otay Ranch Community Storefront 2015 Birch Rd 3 4
Olympic Training Center 2800 Olympic, Pkwy 3 4
Fire Station #6 605 Mount Miguel Rd 3 4
Fire Station #10(Future) 610 Bay Blvd 3 4
Fire Station #4 850 Paseo Ranchero 3 4
Chula Vista Community Park 1060 Eastlake Pkwy 3 N/A
Breezewood Park 1091 Breezewood Drive 3 N/A
Voyager Park 1178 E J Street 3 N/A
Greg Rogers Park 1189 Oleander Av 3 N/A
Inde endence Park 1248 Calle Santiago 3 N/A
Rancho Del Rey Park 1311 Buena Vista Way 3 N/A
Palomar Park 13S9 Park Drive 3 N/A
Santa Cora Park 1365 Santa Cora 3, N/A
Heritage Park& Recreation Center 1381 E Palomar Street 3 N/A
Sunset View Park 13910 S Greensview Drive 3 N/A
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Loma Verde Aquatic, Park& Rec,. Center 1420 Loma Ln 3 N/A
SDG&E Park 1450 Hilltop Drive 3 N/A
orange Park 1475 Fourth Ave 3 N/A
Mountain Hawk Park 1475 Lake Crest Drive 3 N/A
Los Ninos Park 150 Teal Street 3 N/A
Santa Venetia Park 1500 Magdalena Ave 3 N/A
Rienstra Sports Complex 1500 Max Ave 3 N/A
Montecito Park 1501 Santa Diana Road 3 N/A
Harvest Park 1550 E Palomar Street 3 N/A
Connoley Park 1559 Connoley Ave 3 N/A
otay Park 1613 Albany Ave 3 N/A
Windingwalk Park 1675 Exploration Falls Drive 3 N/A
Tiffany Park 1713 Elmhurst Ave 3 N/A
Bonita Long canyon Park 1745 Coltridge Lane 3 N/A
Cottonwood Park 1778 E Palomar Street 3 N/A
All Seasons Park 1825 Magdalena Avenue 3 N/A
Stylus Park 2025 Stylus Street 3 N/A
Mount San Miguel Park 2335 Paseo Veracruz 3 N/A
Norman Park/Senior Center 270 F St 3 N/A
Salt Creek Park& Recreation Center 2710 Otay Lakes Rd 3 N/A
Eucalyptus Park Ball/Sports Fields 276 4th Av&C Street 3 N/A
MacKenzie Creek Park 2775 Mackenzie Creek Rd 3, N/A
Lauderbach Park 3,33 Oxford Street 3 N/A
Otay Recreation Center 3,SS4 Main Street 3 N/A
Memorial Bowl/Park 3,73 Park Way 3 N/A
Parkway Aquatic/Community Center 3,73 Park Way 3 N/A
Holiday tstates I & 11 Park 3,83 Connoley Circle 3 N/A
Gayle L. McCandliss Park 41S E J Street 3, N/A
Terra Nova Park 4SO Hidden Vista Drive 3 N/A
Rohr Park 4548 Sweetwater Road 3 N/A
Friendship Park 4th Av& F Street 3 N/
Sunbow Park 500 E Naples Street 3 N/A
Valle Lindo Park 545 Sequoia Drive 3 N/A
Harborside Park 670 Oxford Street 3 N/A
Sherwood Park 69 Sherwood Street 3 N/A
Discovery Park 700 Buena Vista Way 3 N/A
Lanc,erlot Park 750 K Street 3 N/A
Paseo Del Rey Park 750 Paseo Del Rey 3 N/A
Hilltop Park 780 Hilltop Drive 3 N/A
Veterans Park& Recreation Center 785 E Palomar Street 3 N/A
J St Marina Bayside Park 800 Marina Pkwy 3 N/A
Montevalle Park& Recreation Ctr. 840 Duncan Ranch Rd 3 N/A
Marisol Park 916 Rancho Del Rey Pkwy 3 N/A
Sunridge Park 952 Beechglen 3 N/A
Horizon Park 970 E Palomar Street 3 N/A
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Bay Boulevard Park F Street& Bay Blvd. 3 N/A
Rancho Del Rey Pkwy & Norella
Explorer Park St 3 N/A
to to ' An is for Cliula Vista
Appendi*x D Financial' alys*
The following chart summarizes the capital spending required for construction of the three rings,
over six phases, connecting the 27 sites and several traffic signals. Capital spending also includes
equipment refreshes in years 7 and 14, at approximately 50% of the original equipment
expenditure, due to anticipated improved price/ performance ratios.
Figure D-1 Anr)ual Ca�pita�l Sper)dir)g
Annual Capital Spending (Millions),
Q�
4>' & & & "Z(Z)
X�), t? t? t?
X?' X?" t? t? t?
r� INV' 1�� r�> r�)
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